Guide to Using the RIBA Professional Services Contracts 2018 - Other - Page 23
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Guide to RIBA Professional Services Contracts 2018
• the trader must perform the service with reasonable care and skill
• information which is said or written is binding where the consumer relies on it
• where the price is not agreed beforehand, the service must be provided for a
reasonable price
• the service must be carried out in a reasonable time.
A consumer client has the right to cancel a domestic contract up to 14 days after the
day on which the Client agrees to go ahead with the service. This right is included
within the Domestic PSC and a Notice of Cancellation quoting the required text is
included in an appendix.
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 Domestic
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.
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.
Given that the role of Principal Designer has a potential criminal liability under the
CDM Regulations 2015, any Architect/Consultant undertaking the role of Principal
Designer should be appointed under a separate and distinct PSC, such as the
RIBA Principal Designer Professional Services Contract 2018. However, to simplify
the appointment process for a lay Client on a domestic project, and to be consumer
compliant, the services of a Principal Designer have been incorporated into the
RIBA Domestic Professional Services Contract 2018 to ensure that the Client fully
understands, and meets, their obligations under the CDM Regulations 2015.
To avoid conflict with the consumer’s rights under the Consumer Act 2015, the
Architect/Consultant must always explain and agree the scope of the proposed
Contract. The RIBA Domestic Professional Services Contract 2018 is designed
to simplify the sometimes onerous task of negotiating the terms of a consumer
contract where the terms of the Agreement, the Conditions of Contract, the Schedule
of Services and any appendices should be individually explained to and agreed by
the client as a ‘consumer’.
3.7 RIBA Principal Designer Professional Services Contract 2018
The RIBA Principal Designer Professional Services Contract 2018 is suitable for
the appointment of a Principal Designer under the CDM Regulations 2015. For
legal reasons the Principal Designer should be appointed under a separate and
distinct PSC from that for any architectural services such as the RIBA Standard or
Concise PSC. That said, this contract is not suitable for the appointment of a Principal
Designer on non-commercial work undertaken for a consumer client, such as work
done to the Client’s home, where the Principal Designer may be appointed as an
option contained within the RIBA Domestic Professional Services Contract 2108.
The prime reason for this is that, unlike other PSCs, the Principal Designer role
exposes the Architect/Consultant to greater professional liability via prosecution, in
addition to contractual and negligence claims. For example, if an accident occurs
on site it could give rise to a variety of legal actions, including criminal, contractual
and negligence. It is therefore vital to check professional indemnity insurance cover
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