Guide to Using the RIBA Professional Services Contracts 2018 - Other - Page 90
Completing an Agreement
z 89
covers the duties required of a Principal Designer under the CDM Regulations 2015.
The Services are taken from the duties allocated to the Principal Designer by
the CDM Regulations 2015 and the HSE Guidance on the Regulations L153
‘Managing health and safety in construction’ and reference is made to the
appropriate regulation. The Architect/Consultant should note, and advise the Client,
that the detailed scope of each service must be read along with the Regulations and
the HSE Guidance as a whole with the overall objective of complying with the same.
If there any additional services to be undertaken then these should be specified and
added at the end of the standard schedule under Other Services.
The Sub-consultant Schedules of Services
As this form can cover any number of disciplines and services, the Sub-consultant
Schedule of Services is set out in RIBA Plan of Work 2013 Stages but without any
specified tasks. This leaves the Architect/Consultant or the Sub-consultant, to
either fill in the relevant sections with the appropriate tasks or to append a separate
Schedule of Services. If the latter, then this should be appended to the PSC as an
appendix. Should there also be any other additional services then these should be
added under Other Services.
Contract Checklist
Once the Contract has been filled in, and before the Agreement is signed, the
Architect/Consultant should refer to the Contract Checklist of the document. To
ensure that all of the key terms have been considered, this list covers the key points
which should have been agreed with the Client in the preliminary discussions and
inserted into the Contract.
Key watchpoints
• The initial fee proposal should cover all the key items from the PSC.
• Explain to the Client some of the contractual terms under the Consumer
Rights Act 2015 and provision for the right to cancel within 14 days on
domestic contracts.
• Get the Client to sign the initial proposal as an instruction pending formal
contract issue.
• Aim to sign the Contract before starting work wherever possible.
• If a formal Contract cannot be signed, then agree a preliminary contract.
• Complete the contract documents accurately in accordance with the
preliminary discussions.
5.2 Making an amendment
The Conditions within the RIBA Professional Services Contracts 2018 have been
drafted for use without amendment. However, if a Client wants to make material
alterations to the Conditions, it is advisable to seek legal advice. In any case, before
making any amendments the Architect/Consultant should carefully consider the
impact of these changes on any other provisions within the Contract. In drafting,
the Conditions have been considered as an entity and any change may affect the
balance of risk between the parties. If changes are proposed to the insurance and
liability provisions, they should also be discussed with the insurers.
Any essential amendments, such as for clarity, to include special provisions or for a
specific defined risk that can be accepted by the Architect/Consultant, can be made
in two ways.
The first option is to set the amendment out on a separate sheet and attach it as a
numbered appendix to the Contract. This should identify the number of any clause
89
