Guide to Using the RIBA Professional Services Contracts 2018 - Other - Page 84
5
Completing an Agreement
The RIBA Professional Services Contracts 2018 are available in both printed
and electronic formats. The electronic versions are available for downloading at
www.ribacontracts.com.
The print versions, available from RIBA Bookshops or online at
http://www.ribabookshops.com, are completed by hand. Amendments, if
necessary, are made by hand on the face of the document or in a separate
appendix. A new pack must be bought for each new appointment.
The electronic versions are less expensive, more convenient for sharing with a Client,
more flexible and more easily tailored to a project than the printed versions.
It is legally advisable that both parties to the Contract each have an original signed
version. Therefore, two printed copies of the Contract need to be purchased so that
both the Client and Architect/Consultant has an original signed copy. Alternatively,
the Architect/Consultant may choose to issue a ‘Certified True Copy’. However, by
preparing a contract online, the Architect/Consultant can issue final copies of the
Contract for each party at no extra cost.
5.1 Preparing the Agreement
Time spent defining the requirements of the project at the beginning of the project
should be seen as time well spent by the Architect/Consultant and Client. The
preparation of a detailed brief gives meaning to the Services, it is essential to their
performance, and it can identify the key factors to be considered before any formal
agreement is entered into. This needs to include:
• the Client’s requirements, such as the nature and scale of the project, its location,
the budget, the anticipated timescale, and the procurement route
• the role and responsibilities of the Architect/Consultant
• the roles and responsibilities of other Consultants or specialists to be appointed.
As soon as the Brief is clear, the Client and Architect/Consultant can complete their
negotiations and, once in agreement, both parties should sign a Contract in writing.
The next step is to identify the appropriate PSC and the project-specific matters to
be recorded in that Contract.
Initial fee proposal
When an Architect/Consultant is first approached by a prospective Client, the first
task is usually to arrange a meeting and to visit the site to obtain the client’s initial
brief and expectations of the services required. The outcome of this meeting, or
sometimes a series of meetings, is for the Architect/Consultant to prepare an initial
fee proposal outlining the scope of work, terms and fees.
This is mainly explanatory, in less legal terms, to cover what is involved and may
also help less experienced Clients to understand the process. From a practical
point of view, sending out a formal contract at this point is premature as the
Architect/Consultant will have not secured the job (and may not even get it) with
the result that the cost of the contract form is wasted as well as appearing to be
over bureaucratic (and presumptuous?) at that stage. Once the Client has accepted
the appointment in principle then formal documents can be issued with a separate
covering letter as appropriate.
Notwithstanding this, the initial fee proposal should cover the key items from
the RIBA Professional Services Contracts 2018 to enable the Client to see and
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