Guide to Using the RIBA Professional Services Contracts 2018 - Other - Page 77
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Guide to RIBA Professional Services Contracts 2018
Collateral Warranties
Standard forms of Collateral Warranty are available, such as those prepared by
the British Property Federation, CIC and the Joint Contracts Tribunal. The type of
warranties should be selected depending on who the beneficiaries are, such as a
purchaser, lender or tenant.
The RIBA suggest the use of the CIC Collateral Warranties. These have recently been
updated and are compatible with the RIBA Professional Services Contracts 2018.
There are currently four versions available and they can be viewed at www.cic.org.uk.
• CIC Collateral Warranty Consultant/Funder (2018) – for use where a Collateral
Warranty is to be given by an Architect/Consultant to a funder of a commercial,
industrial or housing development.
• CIC Collateral Warranty Consultant – Purchaser/Tenant (2018) – for use where
a Collateral Warranty is to be given by an Architect/Consultant to a purchaser or
tenant of the whole or part of a commercial or industrial development.
• CIC Collateral Warranty Consultant/Employer (2018) – for use where a Collateral
Warranty is to be given by an Architect/Consultant who has been employed
throughout by a Design and Build contractor to the Contractor’s employer.
• Collateral Warranty Consultant/Employer: Switch (2018) – for use where
a Collateral Warranty is to be given to the previous Client by an Architect/
Consultant who has been switched to a Design and Build contractor.
Sub-consultant Collateral Warranty
The above warranties, being for use between the Architect/Consultant and funders,
tenants and so on, are not suitable where the Architect/Consultant is employing
a Sub-consultant. To set up a direct contractual link between the Sub-consultant
and the Client the Architect/Consultant should consider using the CIC Collateral
Warranty: Sub-consultant/Employer (2018) – CIC/Sub-consWa/E.
Third Party Rights Schedules
If preparing a Third Party Rights Schedule to provide for third party rights that
replicate those (and the limitations) set out in the CIC Collateral Warranty Forms, the
CIC forms noted above would provide a sound basis for discussion with lawyers.
Any other documents
As well as a Novation Agreement and Warranties, the Architect/Consultant and the
Client may wish for other documents to be incorporated into the PSC. These could
include, but not be limited to:
• An expanded Client Brief, whether a Strategic or Initial/Final Project Brief,
depending on the degree of detail at the start of the project
• The BIM protocol
• The project programme
• Previous design drawings or planning permission upon which the scheme is to
be based
• An alternative Schedule of Services where the Architect/Consultant proposes
a different level of service or is carrying out other specialist services such as
structural engineering where the Association of Consultancy and Engineering
Schedule of Services could be used.
As with the other documents noted above, any of these other documents should be
numbered, referenced, dated and appended to the main PSC.
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