Guide to Using the RIBA Professional Services Contracts 2018 - Other - Page 88
Completing an Agreement
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• Item D – The Project Brief: give a description of the Project and the Client’s
statement of requirements for the Project or, if more comprehensive, add as a
numbered appendix. Insert the Construction Cost and key dates for the Project
Programme, such as for obtaining planning consents or for the commencement
and completion of building works, as appropriate.
• Item E – Other Client Appointments: insert what other consultant
appointments need to be made by the Client to enable the Architect/Consultant
to undertake work in connection with the Project.
• Items F, G, H and I – Fees, Time Charges, Expenses and Payment: state the
basis for determining the calculation of the Basic Fee and Other Services (item F)
and tick the relevant box if VAT applies to fees or not. If appropriate, the number
of meetings and site inspections should be inserted (item F) for each stage with
a fee as necessary. Insert time charge rates (item G), arrangements for charging
for expenses and disbursements (item H) and the payment frequency of the fees
(item I).
• Item J – Professional Indemnity Insurance: insert the amount of professional
indemnity insurance cover for the project, and any specific limitations in respect
of claims arising on account of pollution or contamination or asbestos.
• Item K – Dispute Resolution: Tick the agreed procedures for dealing with a
dispute or disagreement arising out of the Contract. With the exception of the
Domestic version, the parties may agree to mediation and have a statutory
right to Adjudication as the Initial Dispute Resolution Process (DRP). Select
Arbitration or Litigation as the Final DRP. Alternatively, for the Domestic version,
(after agreement with the Client) select Mediation and/or Adjudication as the
Initial/preferred DRP and then select Arbitration or Litigation as the Final DRP.
• Item L – Information Formats: If using CAD or BIM or other computer software,
and the Architect/Consultant is prepared to release the digital files in anything
other than PDF format, the Architect/Consultant should insert the details of the
agreed file format(s) or BIM protocol.
Item M – Supplementary Agreements
This section covers elements of the contracts that are optional or reference any
supplementary documents that are applicable to, and appended to, the Contract.
Item M of the Standard variants states what, if any, supplementary documents are
applicable to the Contract. Specific tick boxes [√] are included for CIC standard
Novation Agreements, Collateral Warranties and/or Third Party Rights Schedules or
for options to be drafted on similar terms. The relevant form(s) should be ticked and
the document(s) numbered and appended to the PSC.
Similarly, the Sub-consultant form has specific tick boxes [√] for the Head
Agreement between the Architect/Consultant and the Client, Collateral Warranties or
other document to be appended to the PSC.
Should any additional documents be required then they should be referenced and
securely attached to the Contract as a numbered appendix.
For reference, there is no item M in either the Concise, Domestic or the Principal
Designer PSCs.
Schedules of Services
These should be completed to accurately reflect the Client’s requirements and the
services that the Architect/Consultant has agreed to provide, particularly where the
Architect/Consultant is to perform other professional services, is not to perform the
full range of services within a stage, or is only undertaking some stages, for example
only providing services as far as submitting a planning application. The Architect/
Consultant should tick [√] the services being provided and insert other tasks not
included in the lists.
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