Guide to Using the RIBA Professional Services Contracts 2018 - Other - Page 31
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Guide to RIBA Professional Services Contracts 2018
• advising the Architect/Consultant of the Project requirements and of any
subsequent changes required
• providing the information necessary for the proper and timely performance of the
Services
• giving decisions and approvals necessary for the performance of the Services
• paying the Architect/Consultant for the Services performed
• appointing or otherwise engaging any ‘Other Client Appointments’ required
to perform work or services under separate agreements and requiring those
appointed to collaborate with the Architect/Consultant
• giving early warning of matters likely to affect the performance of the Services,
and agreeing steps to mitigate the consequences.
Clients also have rights under the Contract, such as the right to suspend or terminate
the Architect/Consultant’s services.
Section 2 states the terms within which the Client must work to ensure the smooth
running of the project and to assist the Architect/Consultant in completing their
work by making and giving decisions and approvals to enable the proper and timely
performance of the services.
As part of agreeing the scope of services with the Architect/Consultant the Client
may need to appoint other consultants (‘Other Client Appointments’) such as
Structural Engineers, to assist the Architect/Consultant in completing the design and
require them to collaborate with the Architect/Consultant.
Throughout the project the Client must issue instructions through the Architect/
Consultant and not deal directly with Other Client Appointments and Contractors or
interfere with the Architect/Consultant’s duties or actions under the Building Contract.
The Client must also accept that there are some areas, outside the control of the
Architect/Consultant, for which the Architect/Consultant will not be responsible for
events, such as:
• that planning permission and other approvals from third parties will be granted
at all or, if granted, will be granted in accordance with any anticipated timescale
• maintaining any programme and/or any target cost for building work, which might
need to be reviewed as a result of matters outside the control of the Architect/
Consultant, e.g. variations requested by the Client or variations in market prices
(this would also include delays caused by others and any other factors beyond
the control of the Architect/Consultant as well as the discovery of any previously
unknown conditions).
All parties to the Contract have a mutual confidentiality clause.
Client information
The Client has the responsibility to provide the Architect/Consultant with information
to enable the Architect/Consultant to produce a fee proposal initially and then to
proceed with the works following appointment.
The Architect/Consultant should be given the Project Brief, the Construction Cost, the
target Project Programme and the Services required and details of any subsequent
changes required. This information should include, free of charge, any information
which may be in the Client’s possession, or which can be reasonably obtained to
enable the Architect/Consultant to perform the Services. The Architect/Consultant
must rely on such information for accuracy.
Under the CDM Regulations 2015 the Client must provide any information they
already have on any existing building and the site as soon as possible. This would
include surveys, the results of investigations, any existing health and safety file, etc.,
that will assist with the design and planning of construction activities.
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