Guide to Using the RIBA Professional Services Contracts 2018 - Other - Page 22
Selecting the right contract
z 21
ensure that providing those services does not extend their liability beyond the liability
period set out in the Contract, for example undertaking Post Occupancy Evaluation.
The Client, having engaged the Architect/Consultant under this Contract in respect
of the provision of consultancy services for a traditional form of Building Contract
may decide to subsequently transfer the Services to a Contractor appointed to carry
out the design and construction of the development under a Design and Build/
management form of Building Contract. The RIBA Standard PSC sets out the terms
to enable the Architect/Consultant to be novated to the Contractor or to decline the
novation. In consequence, this Contract and Schedule of Services is designed to
be used with various supplementary documents such as a Novation Agreement or
Collateral Warranty to facilitate the novation if required.
3.5 RIBA Concise Professional Services Contract 2018:
Architectural Services
The RIBA Concise Professional Services Contract 2018: Architectural Services is
suitable where the Architect/Consultant undertakes a commission for architectural
services using a traditional form of procurement.
The Concise PSC is suitable for a commission where the Client is acting for
business or commercial purposes on simple, non-complex, commercial projects
of any value in which the building works will be carried out using forms of Building
Contract, such as the RIBA Concise Building Contract 2018, the JCT Minor Works
Building Contract or the JCT Intermediate Building Contract. The contract terms are
less detailed than the Standard PSC to reflect the less complex nature of the project.
The Schedule of Services sets out a range of tasks that the Architect/Consultant may
need to undertake at each RIBA Plan of Work Stage which reflect the complexity of
the project. As well as providing core architectural services, the Architect/Consultant
could also provide advice and information on other activities that are specifically
excluded from the Contract unless they are listed as ‘Other Services’. The Concise
PSC also states the services that the Architect/Consultant is not providing and for
which the Client will need to separately appoint other Consultants to complete the
Design Team, as well as including the services for the Architect/Consultant taking on
the role of Contract Administrator.
It is anticipated that any services at RIBA Plan of Work Stages 0 and 7 will be
commissioned as separate and distinct PSCs. However, any minor roles and
services could be added if required but the Architect/Consultant should check and
ensure that providing those services does not extend their liability beyond the liability
period set out in the Contract.
3.6 RIBA Domestic Professional Services Contract 2018:
Architectural Services
The RIBA Domestic Professional Services Contract 2018: Architectural Services is
suitable where the Architect/Consultant undertakes a commission for architectural
services using a traditional form of procurement.
The Domestic PSC is suitable for commissions for domestic projects of any value
where the Client, as a ‘consumer’, is undertaking work relating to their own home.
The contract terms are not dissimilar to those in the RIBA Concise PSC but some
of the rules or procedural requirements are designed to minimise conflict with
the Consumer Rights Act 2015 to set out in concise terms the obligations of the
Architect/Consultant and a consumer client.
A consumer contract is subject to the Consumer Rights Act 2015 (which replaced
the Unfair Terms in Consumer Contracts Regulations 1999). The Act requires that all
contracts for services must provide for the following:
21
