Guide to Using the RIBA Professional Services Contracts 2018 - Other - Page 85
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Guide to RIBA Professional Services Contracts 2018
understand the scope of the work, fees, terms, etc. as well covering the items
required in the RIBA and ARB Codes.
The Initial Fee Proposal letter should, at a minimum, include:
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A clear statement of the Client’s requirements
A description of the project and site details
A clear definition of the services proposed to meet the brief
Planning and Building Regulation requirements
The need for any other reports, thermal calculations for planning, Building
Regulations or other purpose
Statements about the cost and programme
Details and method of calculating fees, payment frequency and expenses
The need for and roles of other parties who will be required to provide services to
the project
The obligation to perform the services with reasonable skill and care
The obligation to keep the Client informed of progress
Any limitations of liability and a statement that the Architect/Consultant has
appropriate professional insurance cover as required by the ARB/RIBA
That the Architect/Consultant has a complaints procedure and provision for
dispute resolution
That the Architect/Consultant is registered with the ARB, is an RIBA member
and/or a Chartered Practice
Background information about the practice or a link to where this information can
be found
For the Client’s further information, the Architect/Consultant may consider
including a sample copy, or just the terms and conditions, of the appropriate
RIBA Professional Services Contract 2018.
In addition, for a domestic project the Architect/Consultant should also include:
• The need to explain some of the contractual terms relating to liability etc. under
the Consumer Rights Act 2015
• The provision for the Right to Cancel within 14 days.
If the Client is happy with the proposal, and wishes to proceed with the project,
the Architect/Consultant should, as an interim measure pending completing the
formal PSC, ask the Client to sign and date a copy of the letter as an instruction to
proceed. This enables the Architect/Consultant to proceed with the services, thus
minimising the risk ahead before formalising the contract documents. That said,
the formal documents should be assembled and signed as soon as practical after
the instruction.
Quite apart from the requirements of RIBA and ARB Codes to do so, it is important
to note that a consumer’s right to cancel the Contract runs for 14 days from the date
when the consumer signs or, if later, the day when the notice is received by the
consumer. Obviously, the Architect/Consultant should endeavour to get the Contract
signed before starting work and investing time and energy and before the consumer
has second thoughts, even though the Act provides for protection of costs due for
work up to the end of the cancellation period. Indeed, if an agreement is not signed
by a consumer client before the work has started, this would result in a delay in the
start of the Right to Cancel period, effectively giving the consumer extra time to
change their mind.
Examples of suitable letters are shown in Figures 5.4.1. and 5.4.2.
Preliminary services
If the Client requires services to be carried out before the formal Contract can
be agreed, or if it is not possible to finalise an agreement, perhaps because the
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