Guide to Using the RIBA Professional Services Contracts 2018 - Other - Page 60
Contract terms
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Copyright of other documents
As well as copyright in their own documents, the Architect/Consultant must be aware
of copyright when using other documents which in themselves are copyrighted.
This is particularly important when producing documents for uploading to, say, the
Planning Portal or in Building Regulation applications. Unless the Copyright & Patents
Act 1988 provides a relevant exception to copyright, further copies must not be
made without the prior permission of the copyright owner and/or a licence fee paid.
Copyright entitles the owner to stop anyone else from using the work without
permission or adapting it in any way. For example, if an Architect/Consultant uses an
existing photograph of a building, the copyright is with the photographer although
that may be licensed to the Architect and/or building owner. However, if an Architect/
Consultant were to take their own photographs of the building, it would not infringe
that copyright.
When using copies of Ordnance Survey maps, etc. a licence need to be obtained.
OS maps are Crown Copyright and their use must have the licence number
adjacent. The Architect/Consultant can obtain their own licence or obtain the map
through a third party who has their own licence.
Key watchpoints
• Ensure that all your drawings and documents state the copyright status.
• Be certain that the Client fully understands what can and cannot be done with
the documents without infringing copyright.
• Be aware of implied licences.
• When the ownership or land transfers or you take over a project make sure
that the copyright issues are clear-cut.
• If you take on another architect’s drawings check that the copyright is cleared
with the original architect and, if a complaint is made, you must stop using them.
• Knowingly or recklessly acting in breach of copyright is not only against the
law but it is in breach of professional codes.
• Get permission from the owner for using other copyrighted materials such as
photographs, maps, etc.
4.9 Architect/Consultant’s liability
The Architect/Consultant has responsibilities under the Contract but equally the
Contract includes a provision that limits the amount of exposure a company faces
in the event a lawsuit being filed or another claim being made. If found to be
enforceable, a limitation of liability clause can limit the amount of potential damages
to which a company is exposed.
Limit of liability
The time limit for any action or proceedings and insurance cover runs from the date
of the last Services performed under the Contract or, if earlier, practical completion of
construction of the Project or such earlier date as prescribed by law. The Limitation
Act 1980 states that, for simple contracts signed under hand, the usual time limit is
six years, or 12 years if signed as a deed in England and Wales and Northern Ireland.
The ‘earlier date as prescribed by law’ may apply to a breach of contract, for instance
for a design defect, where the statutory period runs from the date of the breach,
which is likely to be earlier than the contractual time limit.
The RIBA Professional Services Contracts 2018 provides for the Architect/
Consultant’s liability for loss or damage not to exceed the amount or amounts
recoverable under their professional indemnity insurance or exceed the ‘net
contribution’ provisions. After the expiry of the time periods specified in the Act,
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