Guide to Using the RIBA Professional Services Contracts 2018 - Other - Page 91
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Guide to RIBA Professional Services Contracts 2018
omitted or amended with any additional clause(s) using the next available number
in the section affected. Users have the ability to change the Conditions within the
online versions of Contracts. The original text is struck through, therefore clearly
identifying to the reader exactly what has been changed. As with the paper version
of the Contracts, it is advisable to seek legal advice before making any changes to
the Conditions.
Each amendment should be initialled by or on behalf of the parties.
Alternatively, the Architect/Consultant should make the necessary amendments to
the printed copy with each amendment being initialled by or on behalf of the parties.
If an amendment cannot be handwritten in the margin, an option to consider would
be to write/type the amendment on an adhesive label and sticking it in the nearest
available space, making clear where it applies, e.g. ‘Clause 00 is amended to read
“…”’ or ‘in clause 00 delete the words “…” and insert “…”’.
The initials of at least one party should cross the edge of the label on to the printed
document. A marginal note or asterisk beside the affected clause should indicate
that an amendment applies.
Some clients or their lawyers may wish to negotiate amendments to the provisions
for the assertion of moral rights, the payment of fees and other amounts properly
due as a condition for use of the copyright licence and the net contribution provision.
Concessions on these issues are matters of risk and/or principle.
Amendments after signing
Once the Contract is signed there may be a need to make subsequent amendments
as a result of a change of circumstance to which the Client and the Architect/
Consultant have reached a mutual agreement, such as a change to the completion
date for which the Architect/Consultant may have agreed additional fees.
Formal amendment is not always necessary for changes made after the Contract
has been signed if they are foreshadowed in the original contract, provided that all
instructions or approvals are recorded in writing and the risks to either party are not
affected.
Thus, a formal amendment would probably not be merited where, for instance:
• approval is given to a design and/or cost estimate that is different from the Brief
or previous approval
• the Architect/Consultant agrees at a later date to enter a Supplementary
Agreement
• a proposal is made to use a performance specification that transfers part of the
Architect/Consultant’s design duties to another party.
However, an amendment might be appropriate where, for instance:
• the need to appoint other Consultants arises, which amends the scope of the
Architect/Consultant’s services
• a proposal is made that would require the Architect/Consultant to provide special
or additional resources.
If the programme was accelerated without dissent, and because the Contract
was executed by both parties as a deed, a Deed of Variation was necessary. If the
Contract was executed as a simple contract, this amendment would have been
achieved by a variation statement. Whatever the method, any variation document
should be kept safely with the original documents.
Amendments to a simple contract
An example of a suitable format for an amendment to a simple contract made after
the Agreement has been completed is shown in Figure 5.2.1. This should reference
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