Guide to Using the RIBA Professional Services Contracts 2018 - Other - Page 27
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Guide to RIBA Professional Services Contracts 2018
Rights of set-off and withholding payments are also regulated by the HGRA Part
II Section 111, amended, with effect from October 2011, by the Local Democracy,
Economic Development and Construction Act 2009 Part 8 Section 144. These
Acts regulate the contents and prescribed periods for ‘pay less’ notices which
must be served if a party wishes to deduct sums from amounts otherwise due
under the Contract.
When using the RIBA Professional Services Contracts 2018 it should be noted that
where the Client is a public authority, it would be necessary to include provisions
relating to the Freedom of Information Act 2000, and to corrupt gifts and payments
under the Bribery Act 2010. Should this be the case then the Architect/Consultant
should take appropriate legal advice.
Detailed guidance about the Bribery Act 2010 from the Ministry of Justice on
procedures that organisations can put in place to prevent bribery are available at
www.justice.gov.uk/guidance/bribery.htm.
Domestic clients
For work to the Client’s home or to a second home, the Client will be exempt from
any statutory duty under the Housing Grants, Construction and Regeneration Act
1996. The commission must relate to the Client’s home providing that they are acting
in their own name and not as a limited company or other legal entity. If the work is to
a second home which is to be let at any time as a holiday rental or to other tenants,
the Client will be deemed to be a business client and the exemptions will not apply.
The domestic client is deemed a ‘consumer’ as they are purchasing goods for their
own personal use. A consumer has legal protection under the Consumer Rights Act
2015 (formerly the Unfair Terms in Consumer Contracts Regulations 1999) but is
exempt from the provisions of the Housing Grants, Construction and Regeneration
Act 1996 and the Late Payment of Commercial Debts (Interest) Regulations 2013.
The Consumer Rights Act 2015
This Act of Parliament consolidated existing consumer protection law legislation
and gave consumers a number of new rights and remedies. Among the pieces of
legislation that have been combined into the Consumer Rights Act are:
•
•
•
•
Unfair Terms in Consumer Contracts Regulations 1999
Unfair Contract Terms Act 1977
Sale of Goods Act 1979
Supply of Goods and Services Act 1982
A consumer for the purposes of the new legislation is defined as “an individual
acting for purposes that are wholly or mainly outside that individual’s trade,
business, craft or profession”.
The Act requires that all contracts for services must provide for the following:
• The trader must perform the service with reasonable skill and care.
• 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.
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