Guide to Using the RIBA Professional Services Contracts 2018 - Other - Page 9
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Guide to RIBA Professional Services Contracts 2018
forms. Unlike other Professional Services Contracts (PSCs), the Domestic Agreement
was also fully compliant for projects where the Client is a consumer under the Unfair
Terms in Consumer Contracts Regulations 1999 and The Cancellation of Contracts
made in a Consumer’s Home or Place of Work etc. Regulations 2008.
These Agreements were far more comprehensive and flexible than their
predecessors and as well as being available in hard copy, the basic documents were
made available online.
These forms were updated in 2012 to the Standard Conditions of Appointment
for an Architect 2010 (2012 revision) to reflect changes in legislation, particularly
the 2011 revisions to the Construction Act (The Housing Grants, Construction and
Regeneration Act 1996).
In April 2015, the RIBA issued an addendum to address the requirements of the
Construction (Design and Management) Regulations 2015, which updated the 2007
version.
By 2016 it was considered that a further update was due, to cover further legal
changes and to take the opportunity to reformat the manuscripts so that they
corresponded to the RIBA Concise and Domestic Building Contracts 2014 and
to ensure that the documents were compatible with each other. This exercise has
resulted in the publishing of the suite of RIBA Professional Services Contracts 2018
and concurrently the RIBA Concise Building Contract 2018 and RIBA Domestic
Building Contract 2018.
1.2 Professional standards
All construction professionals have a requirement to conform to the code of conduct
of their respective professional body. All Registered Architects must comply with
the Architects Registration Board (ARB) Code of Conduct and those who are
RIBA members or Chartered Practices must also comply with the RIBA Code of
Professional Conduct.
The ARB and RIBA codes of professional conduct require architects to record
the terms of their appointment before starting any work, so some form of written
agreement is essential. This will need to set out what tasks the Architect will be
doing, the timescale, fees and payment details.
Architects are expected to be guided in both their professional and private lives by
the spirit of their codes of conduct as well as their express terms. Whilst failure to
comply with the provisions of the codes may not in itself constitute unacceptable
professional conduct or serious professional incompetence, it would be considered
in disciplinary proceedings by the relevant body.
Section 13 of the Architects Act 1997 requires that the ARB issue a code of conduct
laying down standards of professional conduct and practice expected of persons
who are registered as architects under the Act. This is intended to be of benefit to
the clients they serve and to maintain public confidence in the profession. The latest
version of the code, The Architects Code: Standards of Professional Conduct and
Practice, came into force on 1 January 2017 (previously updated in 2010).
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