Guide to Using the RIBA Professional Services Contracts 2018 - Other - Page 36
Contract terms
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Architect/Consultant’s rights and obligations
The Architect/Consultant has various obligations under the Contract. Section 3
covers these rights and obligations that the Architect/Consultant has under the
Contract. The Architect/Consultant has obligations under the Contract, such as:
• exercising reasonable skill, care and diligence to be expected from an
Architect/Consultant experienced in the provision of such services for projects of
similar size, nature and complexity to the Services
• performing the Services with due regard to the Client’s Brief
• advising on the progress of the performance of the Services or any other matter
that could affect the delivery, cost or quality of the Project
• collaborating with any Other Client Appointments appointed or any others
employed by the Client to perform work or services on the project
• giving early warning of anything likely to affect the provision of the services,
including delay and additional costs, and to agreeing suitable steps to mitigate
the consequences.
It should be noted, however, that these obligations only apply to the extent which
can be achieved in providing the standard of reasonable skill, care and diligence as
stated in clause 3.1.
The Architect/Consultant also has rights under the Contract, such as:
• the right to retain copyright in the information, drawings and documents
produced in performing the Services. However, the Client is given a licence to
copy and use the information, drawings and documents for purposes related to
the construction of the Project.
• the right to suspend or terminate performance of the Services because of the
Client’s failure to pay any fees or other amounts due.
Section 3 states the terms within which the Architect/Consultant must work in the
performance of the Services which must be performed to meet the Client’s Brief.
The Client must be kept advised on the progress of the Services and whether any
information, decision or action is required that could affect the completion, cost or
quality of the Project.
Although the Architect/Consultant should have discussed the need for any other
Consultants at the start of the Project, the Client should be advised if it later becomes
necessary to make any further consultant appointments to carry out work on the
Project.
The Architect/Consultant must at all times act on behalf of the Client in all matters
relating to the Contract and in project procedures agreed with the Client. However,
the Architect/Consultant should be aware that without the Client’s approval, that
authority is negated.
When acting as Contract Administrator of a Building Contract, the Architect/
Consultant must, although employed by the Client, act impartially and independently
when acting as an intermediary between the Client and the Contractor, effectively
holding the balance between the parties to the Contract. The Architect/Consultant
as Contract Administrator is effectively acting as a quasi-arbitrator empowered under
the Contract to resolve disputes between the main contracting parties but with a duty
to be fair to both parties. In this role, the Contract Administrator will award extensions
of time, additional monies, agree the spending of provisional sums, and resolve any
matters of dispute that may arise, or assume other duties such as issuing practical
completion certificates.
Once the design has been agreed or approved by the Client, the Architect/
Consultant has no authority to make any changes to that design, or indeed the
scope of services, without the agreement of the Client. On any project it is accepted
that agreeing changes with the Client first is not always practical but, in such
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