Guide to Using the RIBA Professional Services Contracts 2018 - Other - Page 73
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Guide to RIBA Professional Services Contracts 2018
Problem solving
The parties might also agree as part of project procedures to adopt a positive
‘problem-solving’ protocol such as that shown below. Similar procedures can be
found in CIB Partnering in the Team and Association of Consultant Architects form
PCC 2000. The example also foreshadows the requirements of the Pre-Action
Protocol included in the Civil Procedure Rules, which has to be followed if the matter
eventually goes to court.
The Client and the Architect/Consultant hereby agree:
• to notify the other party in writing of the claim or potential claim at the earliest
opportunity
• that the other party will respond in writing within 28 days, or other agreed period
• that in the first instance the persons directly involved shall attempt to resolve the
matter and may consult other parties where the matter or the proposed solution
will affect such other parties
• that if no solution is agreed within a reasonable period either party may require a
meeting between principals or senior managers of each party to agree a solution
or failing agreement to refer the matter to a mediator appointed under the RIBA
mediation service, adjudication, arbitration or legal proceedings as applicable to
this Contract.
Key watchpoints
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Ensure that the Client is aware of your complaints procedure.
Try to negotiate a solution to a problem in the first instance.
Always keep meticulous records of any issues.
Always check that the Client understands the options before agreeing to the
ADR procedures.
The RIBA can advise on alternative procedures.
Domestic clients can go straight to litigation.
If you ‘win’, you can recover your costs.
Try to avoid getting involved in a dispute.
4.13 Information formats
On all projects, whether large or small, the output or deliverables produced by the
Architect/Consultant to facilitate, for example, planning permission or construction
will be in the form of sketches, drawings and written documents. Traditionally these
documents have been produced by hand and copied and printed in paper form.
Today, the vast majority of project documentation is produced in digital form using
computer software such as Word, Excel, AutoCAD, Revit and so on.
When producing documents in digital format, the Architect/Consultant may still
issue them in a hard copy format but, more frequently, they will be issued digitally
via email, document transfer, etc. This section looks at the Contract options for the
Architect/Consultant when considering the preparation and issue of the outputs and
deliverables without giving away copyright and their intellectual property rights.
The Architect/Consultant should agree the format of the output and deliverables
at the outset of the project to avoid any misunderstanding or assumptions that the
Client or other party may make. A classic example is where the Client assumes
that a copy of the CAD or BIM model will be handed over at the end of the project
whereas the Architect/Consultant is assuming that only PDF or hard copies will be
issued.
By agreeing the format(s) for the preparation of the documentation at the outset,
the Architect/Consultant can also ensure that all members of the Design Team
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