Guide to Using the RIBA Professional Services Contracts 2018 - Other - Page 87
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Guide to RIBA Professional Services Contracts 2018
Contract documentation
The appointment documents should comprise the relevant RIBA Professional
Services Contract 2018 document together with any other components such
as schedules, appendices, and an appropriate covering letter. The completion
of the documents should be based on the outcome of the discussions with the
Client and/or any previous correspondence outlining the details of the project,
particularly where a preliminary fee proposal has been issued and agreed. The latter
is particularly relevant to an inexperienced or a domestic client to enable them to
understand what is involved.
When putting the contract together, the first step is to assemble all the documents,
and then enter the relevant data into the contract form either by hand or electronically.
Depending on the size of the project, the Architect/Consultant may prepare one or
two sets of the contract documents. On small projects it may be simpler and easier
to produce two originals, whereas with larger projects it may be more expedient to
prepare one original and rely on a Certified True Copy for the other.
The effective date of the Agreement should identify the date when the performance
of the Services commenced, which is important as it could become relevant to
any subsequent fee adjustments, changes to the cost, timescales, etc. However,
if the Contract is being completed after the performance of the Services started,
the Architect/Consultant should ensure that the entries in the various sections of
the documents are compatible with the basis on which the Architect/Consultant
started work.
Completing the contract forms
Before the Agreement is prepared for signature, both parties should be advised to
check that:
• all necessary information is recorded, for instance, if not all terms are in writing
the right to adjudicate may be lost
• the other party is not a subsidiary of a group of companies, when it may be
appropriate to include a parental guarantee in the contract documents and/or
that the name and address is as anticipated
• that the intended signatories have the authority to sign.
The Architect/Consultant should then carefully fill in the relevant RIBA Professional
Services Contract 2018 in accordance with the Initial Fee Proposal or, if none was
issued, the details agreed with the Client during the preliminary discussions. As well
as the actual terms and conditions, guidance notes are included with the forms and
they should be read in conjunction with this Guide.
When completing the Contract Details and Schedule of Services, where an option
applies, the relevant box should be ticked [√] to confirm that the section has been
adopted.
The agreed specific details of the project should be inserted in items A to L.
• Items A and B – The Client and the Architect/Consultant: insert the names
and addresses of the Client and the Architect/Consultant. If either party has
someone acting as the primary point of contact, and authorised to make
decisions, their name should be inserted in the appropriate box. Note that if
addresses are changed at a later date, it is important that the parties inform each
other in writing.
• Item C – Site Address: insert the address of the site where the Project is to be
carried out.
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