Guide to Using the RIBA Professional Services Contracts 2018 - Other - Page 33
32 z
Guide to RIBA Professional Services Contracts 2018
The information required by the Regulations is about the provider’s business and is
not project-specific. It is to be ‘made available’ in a clear and unambiguous manner
in good time before the conclusion of a written contract, or where no written contract
is yet in place, before the services are provided.
‘Made available’ means the required information can be:
• contained in material about the service capabilities of the provider’s business
• supplied on request or on the provider’s initiative
• be easily accessible at the provider’s business address and/or at a publicly
available website.
The information includes:
• the name of the business and its legal status, e.g. a sole trader, partnership, LLP
or limited company
• its business address, contact details for rapid and direct communication and
relevant details of electronic contacts
• its VAT identification number, if applicable
• confirmation of the professional institution(s) with which the business or its
principals are registered and, if requested, how to access information about the
relevant code(s) of conduct
• contact details of their professional liability insurance insurer
• details of its complaints procedure.
In addition, general terms and conditions of business are also required. For
Architects, such requirements are also expected under the ARB and RIBA Codes of
Conduct and must be provided as part of making a contract.
Agreeing terms with a consumer client
If the Client is a ‘consumer’ as defined under the Consumer Rights Act 2015, it is
recommended that the Architect/Consultant should read through the terms of the
Contract with the Client and individually discuss each term in the context of the
consumer’s rights. This would avoid the terms being challenged by the Client at a
later date, whether legitimately or not. Failure to do so could lead to certain terms
of the Contract being invalidated, with only the courts being able to subsequently
decide if the clause is unfair.
The RIBA Professional Services Contracts 2018 are designed to provide remedies
for the Client in the event of default by the Architect/Consultant, e.g. the requirement
to maintain professional indemnity insurance and the options for dispute resolution.
To ensure that the Client fully understands the implications, some of the terms may
need careful explanation in the discussions:
•
•
•
•
payment and Payment Notices (clauses 5.10–5.24 inclusive)
the limitation of liability in amount (clauses 7.1, 7.2 and 7.3)
professional indemnity insurance (clause 8)
dispute resolution (clause 10).
Net contribution
A net contribution clause states that where two or more parties involved in a
construction project are each jointly liable for the same loss or damage, the liability
of each party will be limited to the amount that would be apportioned to that party
by a court.
To avoid conflict with the consumer’s rights under the UTCCR, the Architect/
Consultant must always explain and agree the scope of the proposed Agreement.
These discussions should start no later than the making of the ‘offer’. If work starts
32
