Guide to Using the RIBA Professional Services Contracts 2018 - Other - Page 47
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Guide to RIBA Professional Services Contracts 2018
Other Client Appointments
During the initial discussions with the Client, the Architect/Consultant should express
the need for any other Consultants and the benefits of direct appointment by the
Client. If this is agreed, those other Consultants become ‘Other Client Appointments’
within the terms of the RIBA Professional Services Contracts 2018. As well as
professional consultants the term may also apply to contractors, sub-contractors,
specialists, site inspectors, clerks of works and so on if they are known, and relevant,
at the time of the Architect/Consultant’s appointment.
Item E of the RIBA Professional Services Contracts 2018 should be completed to
give the details of these other consultant appointments (which could be individuals
or organisations) to be made by the Client to enable the Architect/Consultant
to undertake work in connection with the Project. For example, this may include
structural and building services engineers, cost consultants, etc. By listing those
other Consultants when completing the contract document the Architect/Consultant
is effectively confirming those works for which they are not responsible.
The Architect/Consultant has an ongoing responsibility to inform the Client on
becoming aware of the need to make any further ‘Other Client Appointments’ to
carry out work in connection with the Project but they would not be named in the
Contract.
Even though the ‘Other Client Appointments’ have been appointed by the Client,
the Architect/Consultant has a duty to collaborate with them and, indeed, any other
parties who are to perform work or services on the project and, as appropriate,
integrate any relevant information from them into their work. Equally, the Client must
require them to collaborate with the Architect/Consultant.
When another Consultant is appointed, the Client should confirm that appointment
in writing to the Architect/Consultant and confirm the Services which are to be
performed, their disciplines and the expected duration of their appointment. The
other Consultants will be wholly responsible for their work and the Client cannot hold
the Architect/Consultant responsible for the proper carrying out and completion of
the Services of these any ‘Other Client Appointments’.
Key watchpoints
• Consider whether there are any other services needed for which consultants
may need to be employed as other client appointments.
• Advise the client at the outset on the need for other consultants and include
the requirement in your fee proposal so the client cannot say they did not
know about it at a later date.
• Ensure that the roles and relationships between members of the Design Team
are fully documented and understood.
• Check whether the Architect/Consultant has professional indemnity insurance
to cover multi-disciplinary roles.
• Consider the implications if the client insists on the Architect/Consultant
employing the other consultants.
• Always check with insurers that you are covered when working with other
consultants.
• Ensure that the client fully understands the contractual relationships and that
the appointment of other consultants is confirmed by them.
4.6 Fees, time charges and expenses
In addition to selecting appropriate conditions and schedules, to complete
an agreement it is necessary to identify the services to be performed and the
arrangements for calculating fees and expenses. The term ‘Fees’ generally refers
to payments made by the Client to Consultants for services under the terms of a
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