Guide to Using the RIBA Professional Services Contracts 2018 - Other - Page 24
Selecting the right contract
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by making enquiries and seeking confirmation from insurers that the roles and
responsibilities are covered.
Although there are no specific criminal actions listed within the CDM Regulations
2015, the sanctions are governed by the Health and Safety at Work Act 1974, where
failure to comply is an offence under the criminal code. Changes to the Enterprise
and Regulatory Reform Act, which came into force in 2013, means that the CDM
Regulations 2015 no longer give rise to civil liability so the main course of action will
be through the courts.
The RIBA Principal Designer Professional Services Contract 2018 is suitable
for commissions on commercial projects of any value procured on any form
of procurement, in which the building works will be carried out using forms of
building contract, such as the RIBA Standard Building Contract, the RIBA Concise
Building Contract, the JCT Minor Works Building Contract or the JCT Intermediate
Building Contract.
The Schedule of Services sets out a range of tasks expected of the Principal
Designer based on the CDM Regulations 2015. Other Services may be added by the
Principal Designer if requested and agreed with the Client.
3.8 RIBA Sub-consultant Professional Services Contract 2018
The RIBA Sub-consultant Professional Services Contract 2018 is suitable for when
an Architect/Consultant wishes or perhaps is required by the Client to appoint a
Subconsultant to carry out part of the Architect/Consultant’s services, where the
contract terms are compatible with the Head Agreement between the Architect/
Consultant and the Client.
This Contract can also be used where one Architect/Consultant is to be
subcontracted to another Architect/Consultant but would not be suitable for
use where the Client appoints Sub-consultants or Specialists directly or for the
appointment of a Principal Designer as a Sub-consultant under the Construction
(Design and Management) Regulations 2015.
The RIBA Sub-consultant Professional Services Contract 2018 is an agreement
between the Sub-consultant and the Architect/Consultant and is a ‘construction
contract’ to which the Housing Grants, Construction and Regeneration Act 1996
(HGCRA, also known as the Construction Act), as amended by Part 8 of the
Local Democracy, Economic Development and Construction Act 2009, applies.
It is suitable for all types of work including where the Architect/Consultant is
working for a consumer client, because the Sub-consultant agreement is still
deemed a commercial contract as it is between the Architect/Consultant and the
Subconsultant and not with the consumer client.
The Schedule of Services is set out in RIBA Plan of Work Stages to enable the
specific Sub-consultant Services to be inserted according to the discipline and
services being supplied.
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