Guide to Using the RIBA Professional Services Contracts 2018 - Other - Page 56
Contract terms
z 55
in obtaining payment of these sums including the cost of any time spent by
principals, employees and advisers. Any entitlement to interest will also apply to any
amounts that are awarded in adjudication, arbitration or legal proceedings.
Key watchpoints
• Make clear to the client what is included in the fee and what is NOT included.
• Be specific about the number or frequency of meetings or visits allowed for to
avoid not being able to charge extra for additional ones.
• Ensure that fees are paid on a regular basis to assist with cash flow rather than
at the end of a stage or the project. Regular payments may also give early
warning of any financial issues the client may have if payments are delayed.
• Ensure that invoices use the correct wording to be effective as Payment
Notices under the HGRA.
• Be fully aware of the payment timescales for the HGRA.
• Consider your options if the client does not pay on time or issues a Pay Less
Notice.
4.8Copyright
Copyright protection is a complex subject and this section looks at copyright issues
that may arise in signing a Contract with the Client. The RIBA Professional Services
Contracts 2018 provide that ‘the Architect/Consultant owns all intellectual property
rights including the copyright in the information, drawings and documents produced
in the performance of the Services and generally asserts the Architect/Consultant’s
moral rights to be identified as the author of such work’.
Intellectual property rights is something unique that is physically created. Just an
idea on its own is not intellectual property. For example, an idea for a book doesn’t
count as intellectual property, but the written words do.
Copyright of the RIBA Professional Services Contracts 2018
The copyright for the RIBA Professional Services Contracts 2018 is owned by the
Royal Institute of British Architects and no part of the documents may be reproduced,
stored in a retrieval system, or transmitted, in any form or by any means, electronic,
mechanical, photocopying, recording or otherwise, without prior permission of the
RIBA. By using these Contracts, the user is bound by the restrictions of the Copyright
Licence for both print and electronic versions. The document can only be used
by the purchaser and it can only be used once. Both parties to the Contract can
distribute copies of the document to advisers and to Other Client Appointments
as necessary in connection with the Contract. It must not be used for any other
purpose, whether in hard copy, electronic or any other form, without the prior written
consent of the RIBA.
Copyright under the Contract
The Architect/Consultant owns all the intellectual property rights, including the
copyright in the information, drawings and documents produced when carrying out
work on a project. Under the Contract the copyright passes to the Client but only for
works related to the further development of the specific project, not for any other
project or site. It is most important that the Architect/Consultant explains to the Client
the principles of copyright when applied to the project and what the Client can and
cannot do with the documentation.
The Basic Fee includes all royalties, licence fees or similar expenses for the making,
use or exercise by the Architect/Consultant of any invention or design patents, etc.
for the purpose of performing the Services.
55
