RIBA Standard PSC 2020 Final PDF Consultation Version

Standard
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Professional Services
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Contract 2020
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Architectural Services
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Royal Institute of British Architects

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Guidance
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• The RIBA Standard Professional Services Contract is devised
as an agreement between an Architect/Consultant and a
business client or public authority and is a ‘construction
Guidance
contract’ to which the Housing Grants, Construction and
Regeneration Act 1996 (HGCRA, also known as the
Construction Act), as amended by Part 8 of the Local
Democracy, Economic Development and Construction Act
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2009, applies.
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• Business clients include charities, religious organisations and
not-for-profit bodies. Where the Client is a public authority,
it may be necessary to include provisions relating to the
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Freedom of Information Act 2000 and to corrupt gifts and
payments under the Bribery Act 2010.
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• The RIBA Standard Professional Services Contract is not
suitable for non-commercial work undertaken for a ‘consumer’
client, such as work done to the client’s home, including
These guidance notes explain the provisions of the RIBA
renovations, extensions, maintenance and new buildings, if the
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Standard Professional Services Contract 2020 for the
client has elected to contract in their own name, i.e. not as a
appointment of an Architect or Consultant providing architectural
limited company or other legal entity, or where the property will
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services and set out guidance on what to consider when
be let. A contract with a consumer client is subject to the
completing the Contract Details and the Schedule of Services;
Consumer Rights Act 2015. The RIBA recommends the use of
they do not form part of the Contract.
the RIBA Domestic Professional Services Contract for work
undertaken for a consumer client.
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Summary of the Contract
Client’s Rights and Obligations
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• The RIBA Standard Professional Services Contract 2020 is
divided into four main parts:
– the Agreement • The Client has various obligations under the Contract. The
principal ones include:
– the Contract Details
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– informing the Architect/Consultant of the Project

– the Contract Conditions requirements and of any subsequent changes required and
o Definition of Terms agreeing steps to mitigate the consequences, if any
o Clauses – providing the information which is necessary for the proper
and timely performance of the Services
– the Schedule of Services.
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– making decisions and giving approvals as necessary for the

• A Contract Checklist is included as an ‘aide memoire’ for the performance of the Services
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Architect/Consultant to confirm with the Client that all of the – paying the Architect/Consultant for the Services performed
relevant parts of the Contract have been completed
(but does not form part of the Contract). – appointing or otherwise engaging any Other Client
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Appointments required to perform work or services under

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• Additional briefing documents will also form part of the separate agreements and requiring those appointed to
Contract if they are listed in item D of the Contract Details. collaborate with the Architect/Consultant.
• The Contract is between the Client (the Party that wishes to • The Client also has rights under the Contract. The principal
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commission the professional services, known as the one is the right to suspend or terminate the performance of
‘Services’) and the Architect/Consultant (the person or the Architect/Consultant’s Services.
organisation performing the Services). Together they are
referred to as the ‘Parties’ to the Contract.
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Architect/Consultant’s Rights and

When to Use this Contract Obligations
• The Architect/Consultant has various obligations under the
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• The RIBA Standard Professional Services Contract provides

comprehensive contract terms and is suitable where the Contract. The principal ones include:
Architect/Consultant undertakes a commission for – exercising the reasonable skill, care and diligence to be
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architectural services on projects using a traditional form of expected of an Architect/Consultant experienced in the
procurement. provision of such Services for projects of a similar size,
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nature and complexity to the Project

• In a traditional contract, the appointment of the Architect/
Consultant would be made by the Client commissioning the – performing the Services with due regard to the Project Brief
Project. – informing the Client in a timely manner of progress in the
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performance of the Services and, upon becoming aware, of

• The RIBA Standard Professional Services Contract is not
any issue that may materially affect the Project Brief, Project
suitable for the appointment of the Principal Designer under
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Programme, Construction Cost or quality of the Project, and

the CDM Regulations 2015. The RIBA recommends that the
of any information, decision or action required in mitigation
default choice for the Principal Designer should be the
Architect/Consultant, who should be appointed under a – collaborating with any Other Client Appointments appointed
separate and distinct professional services contract, such as or otherwise engaged by the Client to perform work or
the RIBA Principal Designer Professional Services Contract. services.
If the Client fails to appoint a Principal Designer (for a
non‑domestic client), the Client must fulfil the duties of the The obligations apply to the extent achievable using the
Principal Designer. standard of care outlined in clause 3.1.
• The Architect/Consultant also has rights under the Contract. Completing the Contract Details
The principal ones include:
– the right to retain copyright in the drawings and documents When completing the Contract Details, where an option
produced in either paper or digital formats for the purpose APPLIES tick  the box to confirm that the section has been
of performing the Services (the Client is given a licence to adopted. Any amendments made by hand to the Contract
copy and use the drawings and documents for purposes should be initialled by both Parties.
related to the construction of the Project or its subsequent
use or sale) The Contract Details provide the specific details of the Project:
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– the right to suspend or terminate performance of the • Items A and B – the Client and the Architect/Consultant:
Services due to the Client’s failure to pay any fees or other Provide details of the Client, the Client’s named representative,
amounts due. the Architect/Consultant and the Architect/Consultant’s
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primary point of contact. Note that if these details are changed
at a later date, it is important that the Parties inform each other
The Agreement
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and agree in writing.
• The Agreement is the part of the Contract that is signed by • Item C – Site Address: Provide the address of the site where
both Parties and records the Client’s and the Architect/ the Project is to be carried out.
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Consultant’s rights and obligations under the Contract. The
Agreement should not be dated until both Parties have duly • Item D – Project Brief: Provide a description of the Project
and the Client’s statement of requirements for the Project for
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signed/executed.
which the Services are being provided. The target
• The Parties choose whether to sign the Agreement as a Construction Cost and target Project Programme, such as
simple contract or as a deed. The choice determines the dates for the submission of planning applications or for the
limitation period within which a Party can bring a claim for commencement and completion of building works, can be
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breach of contract, which is stated to be: inserted. Include details of any additional briefing documents
that will also form part of the Contract. The Project Brief may
– simple contract: 6 years from the date of Practical
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be updated from time to time, where agreed between the
Completion or the date of completion of the last Services, Client and the Architect/Consultant.
whichever is the earlier
– deed: 12 years from the date of Practical Completion or the • Item E – Other Client Appointments: Give the details of
date of completion of the last Services, whichever is the any other consultant appointments (which could be
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earlier. individuals or organisations) or services appointments to be

made by the Client to enable the Architect/Consultant to
• The choice of whether the Agreement section of the Contract undertake work in connection with the Project. For
is to be signed as a ‘simple contract’ or as a ‘deed’ also example, appointments may include structural and building
determines the formalities for executing the Contract. services engineers, cost consultants, etc.
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Simple contract: • Items F, G, H and I – Basic Fee, Time Charges, Expenses

and Payment: Specify:
– can be signed either by individuals or in a representative
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capacity (e.g. for a company, LLP, etc.) – the basis for determining the calculation of the Basic Fee
(excluding VAT), e.g. a specified percentage applied to the
– when signed by individuals, there is no requirement for the
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Construction Cost, a fixed lump sum, time charges, design

signatures to be witnessed (although in the interests of
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cost per square metre (gross or net) or any other agreed

certainty the Contract does allow for a witness to sign the method (item F)
Agreement section)
– the intended number and/or frequency of meetings and
– when signed in a representative capacity, the Agreement visual site inspections that the Architect/Consultant is going
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section needs to be signed by two directors, partners or to attend during the Project (item F)
members, or a director and a company secretary, or a
single director and witnessed by a third party. – the rates for any time charges (item G)
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– the arrangements for charging for expenses and

Deed: disbursements (item H)
– can be signed either by individuals or in a representative – the payment frequency of the fees (item I).
capacity (e.g. for a company, LLP, etc.)
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– when signed by individuals, there is a requirement for the To ensure that the Architect/Consultant’s accounts issued to
signatures to be witnessed (a witness should be aged 18 or the Client are effective as Payment Notices as set out in
over and should not be a Party to the Contract) clause 5.12, each invoice issued by the Architect/Consultant
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should incorporate the following wording:

– when signed in a representative capacity, the Agreement
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section needs to be signed by two directors, partners or This is the amount due in respect of the Services provided,
members, or a director and a company secretary, or a calculated as set out in this account and in accordance
single director and witnessed by a third party. with the Fees and Expenses agreed in our Professional
Services Contract dated [insert date of Contract]. This
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• In certain instances, the Contract may be deemed to be invoice constitutes a Payment Notice complying with
legally binding even if the Agreement section is not signed. section 110A(3) of the Housing Grants, Construction and
For example, a legally binding contract could exist if the Regeneration Act 1996 as amended by the Local
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Client has instructed the Architect/Consultant to commence Democracy, Economic Development and Construction Act
or undertake work on the basis of the unsigned Contract and 2009. The payment due date is the date of this Payment
the Architect/Consultant has acted on those instructions. Notice.
• Item J – Professional Indemnity Insurance: State the The Contract and its Schedule of Services are designed to be

amount of professional indemnity insurance to be maintained used with such of the following supplementary documents as
for the Project, and any specific limitations in respect of claims may be selected in item M of the Contract Details:
arising on account of specific risks. The amount of
professional indemnity insurance to be maintained for the – Novation Agreement1
Project should be reasonable in relation to the risks and
– Collateral Warranties2
should pass the reasonableness test under the Unfair
Contract Terms Act 1977. – any other documents specified in item M of the Contract
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Details.
• Item K – Dispute Resolution: The Parties may choose which
dispute resolution method(s) they will use should a dispute 1
See clause 4.8 of the Contract Conditions for suitable draft clauses.
arise. Adjudication is available to either Party to select at any The RIBA recommends the use of the CIC Novation Agreement:
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time as a statutory right. Below is a brief description of each Ab Initio (2018).
method: 2
The RIBA recommends the use of the following: CIC Collateral
Warranty: Consultant – Employer (2018) in favour of the Client post
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– Mediation involves a third party helping the Parties to try to Novation; CIC Collateral Warranty: Consultant – Purchaser/Tenant
come to an agreement resolving their dispute. If successful, (2018) in favour of purchasers/tenants; CIC Collateral Warranty:
mediation can be less expensive than other methods of Consultant – Funder (2018) in favour of a financier of the development.
dispute resolution and is therefore encouraged by the
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courts. In mediation the Parties generally pay their own
All of the abovementioned documents are available from the
costs. CIC at www.cic.org.uk. These and any other forms selected in
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– Adjudication involves a third party providing an item M of the Contract Details should be attached as
independent decision on the dispute and is available to the numbered appendices to the Contract.
Parties if the Contract is a construction contract under the
Housing Grants, Construction and Regeneration Act 1996. Before agreeing to enter into any supplementary rights
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The decision is binding in law unless and until the dispute is agreements, it may be advisable to take legal advice and
determined by arbitration or litigation following referral by discuss the issue with an insurer/broker.
either Party. Adjudication is generally a faster process, but is
not usually recommended for complex issues. The Parties
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The Schedule of Services
The Adjudicator’s costs are allocated at the Adjudicator’s
discretion, the greater part usually being allocated to the • The Schedule of Services is used to define the Services to be
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losing Party. performed by the Architect/Consultant and maps the Services

to the stages in the RIBA Plan of Work.
– Arbitration is a confidential process which is an alternative
to litigation and involves a third party (or parties) delivering a • There are four parts to the Schedule of Services:
final and binding decision. Arbitration can only involve two
parties, unless there is an express agreement to the – Role Specifications – specify the architectural services
contrary, so it would not normally be appropriate for roles to be performed, including any to be performed by
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multiparty disputes. subconsultants employed directly by the Architect/

Consultant. Add any other roles required in addition to those
– Litigation is an alternative to arbitration and involves a court
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included in the Schedule of Services.

delivering a final and binding decision. Litigation is public
and decisions may be challenged in higher courts. The – Services – a comprehensive set of services for each of the
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greater part of the costs are usually allocated to the losing architectural services roles is set out in the Schedule of
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Party. Services.
– Additional Services – these services are excluded from
If the Parties cannot reach agreement on a person to act as the Contract but may be instructed as additional services,
Mediator, Adjudicator or Arbitrator, either Party may apply for a if the need arises during the Project, and are subject to
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nomination or appointment to be made by the Royal Institute additional fees.

of British Architects.
– Other Services – these are services that the Architect/
The Client can refer a complaint to the person named in Consultant could undertake on behalf of the Client for the
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item B of the Contract Details under the Architect/ Project. If these services are to be undertaken for the
Consultant’s internal complaints procedure, which will be Project, they will either be included in the Basic Fee or
provided upon request. The Client may also, or alternatively, charged on a time-based or lump sum basis.
refer a complaint to the appropriate professional body if the
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Architect/Consultant’s conduct or competence appears to • These Services are for a traditional form of procurement
fall short of the standards in the relevant code(s) of covering RIBA Plan of Work Stages 0 to 6. Services required
professional conduct. as part of any ongoing (long-term) Stage 7 activities are not
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listed as these services will be commissioned as a separate

• Item L – Information Formats: If the Architect/Consultant is professional services or operating contract. If the Architect/
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producing drawings and documents for the Project using Consultant is novated at any point during the Contract, the
computer aided design (CAD), any other proprietary software Services post Novation can be subsequently struck out and
or building information modelling (BIM), these will normally be amended or redrafted to accord with the services
provided to the Client in PDF format only, unless an alternative subsequently required.
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format has been agreed and set out in item L of the Contract
Details. • The completed Schedule of Services should accurately reflect
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the Client’s requirements and the Services that the Architect/

• Item M – Supplementary Rights: Set out the additional Consultant has agreed to provide, particularly where the
documents which should be appended to the agreement, Architect/Consultant is not to perform the full range of
such as Collateral Warranties and Third Party Rights Services within a stage, or is only undertaking some stages,
Schedules. for example only providing services up to the submission of a
planning application. There is also a provision in the Contract Contract Conditions
for the Architect/Consultant to provide additional services for
an additional fee (not listed in the Basic Fee). • The Contract Conditions set out in concise terms the rights
and obligations of the Parties.
• Planning applications are generally submitted at the end of
RIBA Plan of Work Stage 3 and should only be submitted • The Contract uses the form of Novation commonly referred to
when the threshold for information required has been met. as ‘novation ab initio’ meaning ‘from the outset’, rather than
the alternative to Novation by way of ‘consultant switch’.
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• Although the Services are described in simple terms,
performance of the Services must be in accordance with the
normal standards of the Architect/Consultant’s profession.
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• The Services being undertaken should be selected individually
and ticked [3] where an option APPLIES.
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The RIBA Standard Professional Services Contract 2020: Architectural Services is endorsed by the following organisations:
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Royal Incorporation of Royal Society of Architects Royal Society of Chartered Institute of

Architects in Scotland in Wales Ulster Architects Architectural Technologists
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© Royal Institute of British Architects 2020

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Published by RIBA Publishing, 66 Portland Place, London, W1B 1NT
ISBN 978 1 85946 974 3
All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic,
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mechanical, photocopying, recording or otherwise, without prior permission of the copyright owner.
It is the responsibility of the purchaser/user to ensure that all the data and information inserted into the Contract and any changes made to any of the
Contract Conditions are accurate and correct before the Contract is signed. RIBA accepts no responsibility or liability for any changes to the text,
errors or omissions made by the purchaser/user.
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Whilst RIBA has taken every effort to ensure the accuracy and quality of information and guidance within this Contract, RIBA makes
no representations, warranties or guarantees, whether express or implied, that the content of the Contract is accurate, complete or up‑to‑date.
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Copyright Licence
3 This document is for the sole use of the purchaser.
3 You may use it for one Professional Services Contract only.
3 You and the other Party to your Contract may distribute copies of this document to advisers and to Other Client Appointments as necessary in
connection with the proper performance of your Contract.
7 In any other case, you may not distribute or reproduce the whole or any part of this document in any work, whether in hard copy, electronic or any
other form, without the prior written consent of the RIBA.
Standard
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Professional Services
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Contract 2020
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Architectural Services
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RIBA Standard Professional Services Contract 2020: Architectural Services
Contract
Checklist
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ONCE THE CONTRACT DETAILS HAVE BEEN COMPLETED, AND BEFORE THE
AGREEMENT IS SIGNED, CHECK THIS LIST TO ENSURE THAT ALL OF THE KEY TERMS
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HAVE BEEN CONSIDERED.
YES
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Has the Project Brief and Client’s statement of requirements been agreed?
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Has the target Construction Cost been agreed/advised?
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Has the target Project Programme been agreed?
Have any Other Client Appointments been agreed?

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Have the fees and expenses and payment frequency been agreed?
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Has the amount of professional indemnity insurance that is to be allowed for the
Project been agreed and has this been arranged?
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Has the Architect/Consultant explained its internal complaints procedure to the Client
and has a dispute resolution process been agreed in case something goes wrong?
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Where applicable, has the principle and process of Novation1 been discussed?
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Where applicable, have the terms of any Collateral Warranties/Third Party Rights
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Schedules been determined and the intended beneficiaries agreed?

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Has the Schedule of Services been completed and agreed?

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Has the Client been made aware that it has duties under the CDM Regulations 2015?
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Have all the Contract Details been completed?
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Novation may occur after the Contract is executed or may be agreed concurrent to it being signed.
2 © Royal Institute of British Architects 2020

Agreement
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This Agreement is between:
the Client (refer to item A of the Contract Details for full information)
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AND
the Architect/Consultant (refer to item B of the Contract Details for full information)
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who agree as follows:
• The Architect/Consultant shall undertake the Roles and Services set out in the Schedule of
Services and shall perform the Architect/Consultant’s obligations in accordance with the terms of
the Contract.
• The Client shall pay the Architect/Consultant the fees and expenses set out in the Contract
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Details for the Services and shall perform the Client’s obligations in accordance with the terms of
the Contract.
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• The Contract is the RIBA Standard Professional Services Contract 2020 for Architectural Services.
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Signed/Executed as a: simple contract deed
For and on behalf of the Client (complete as appropriate):

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Client is not a registered company/LLP

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Name:
Signature:
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Client’s signature witnessed by:

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Name:
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Address:
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Signature:
© Royal Institute of British Architects 2020 3

OR
Client is a registered company/LLP

Company registration
number:
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First signatory (Director/Company Secretary/Partner/Member):
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Name:
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Signature:
Client’s signature witnessed by:
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Name:
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Address:
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Signature:
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Second signatory (Director/Company Secretary/Partner/Member) – optional:

Name:
Signature:
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For and on behalf of the Architect/Consultant (complete as appropriate):

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Architect/Consultant is not a registered company/LLP

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Name:
Signature:
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Architect/Consultant’s signature witnessed by:

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Name:
Address:
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Signature:
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OR
Architect/Consultant is a registered company/LLP

Company registration
number:
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VAT registration
number:
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First signatory (Director/Company Secretary/Partner/Member):
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Name:
Signature:
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Architect/Consultant’s signature witnessed by:
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Name:
Address:
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Signature:
Second signatory (Director/Company Secretary/Partner/Member) – optional:

Name:
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Signature:
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This Agreement is dated and delivered on:

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Contract
Details
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A. The Client
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Name:
Address:
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Registered address
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(if different):
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Telephone number:
Email address:
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Named representative (insert the name of a representative with authority to act on behalf of
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the Client for all purposes under the Contract):

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B. The Architect/Consultant
Name:
Address:
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Registered address
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(if different):
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Telephone number:
Email address:
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Point of contact (insert the name of a primary point of contact with authority to act on behalf
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of the Architect/Consultant for all purposes under the Contract):

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The name of the person that the Client should contact if it wishes to invoke the
Architect/Consultant’s internal complaints procedure:
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C. Site Address
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D. Project Brief
Project description
and Client’s
statement of
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requirements:
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Additional briefing documents provided (include reference numbers and dates):
Document Reference number Date

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Continue on a separate sheet if necessary.

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Construction Cost
The Construction Cost, as defined in the Contract Conditions, is: £
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Project Programme
Key project dates, e.g. submission of planning application, commencement/completion of
building works (insert as appropriate):
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Item Target date

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E. Other Client Appointments

Other consultant or services appointments which have been or will need to be made by the
Client to enable the Architect/Consultant to undertake its work in connection with the Project
are as follows:
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Role:
Role:
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Role:
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Role:
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F. Basic Fee
The basis of the Basic Fee at each stage (excluding VAT) shall be as stated below, e.g.
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specified percentage of Construction Cost, fixed lump sum, time charge, design cost per
square metre (gross or net) or other agreed method.
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Fees may be a total for each stage or apportioned to the specified roles being undertaken.
The roles and Services being undertaken are to be as stated in the Schedule of Services and
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the fees, excluding VAT, are as follows and are to be paid in accordance with item I of the
Contract Details:
Stage Notes Fee

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Other services:
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VAT
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VAT applies or does not apply to the Basic Fee (please specify):
VAT applies
VAT does not apply
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Meetings
The Architect/Consultant shall attend the following meetings during the Project:
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Stage Purpose Total number Fee2
and/or
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allowed for
Stage 0
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Stage 1
Stage 2
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Stage 3
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Stage 4
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Stage 5
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Stage 6
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Site inspections
The Architect/Consultant shall visit the site for the purposes set out in the Schedule of Services
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as follows:
Stage Total number and/or Fee2

frequency allowed for
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Stage 5
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Stage 6
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Where additional site inspections are necessary, or requested in writing by the Client,
in addition to those identified above, the Architect/Consultant shall apply time charges,
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as set out in item G of the Contract Details.

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State whether the fee for attending these meetings is included in the Basic Fee (insert ‘BF’) or will be provided on a
time‑based charge (insert ‘TC’).

G. Time Charges
Time charges for any additional fees, and/or where the Basic Fee incorporates time charges,
shall be calculated on the basis of the following rates:
Person/grade Rate, excluding VAT
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(state whether £ per hour or £ per day)
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H. Expenses
The specified expenses are as follows:
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The specified expenses listed above, excluding VAT, shall be charged:

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at net cost plus a handling charge, which shall be calculated at the following percentage
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of net cost %
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by the addition of the following fee to the total fee £

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by the addition of % to the Basic Fee

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other (please specify)

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Other expenses, including disbursements, such as payments to the local authority for
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planning and Building Regulations submissions, shall be charged at net cost plus the
following percentage of net cost %
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Where applicable, travel shall be charged at the following rate per mile £
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Hard copies of drawings and documents shall be charged at the following rate per page:
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A4 A3 A2 A1 A0
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Black and white £ £ £ £ £
Full colour £ £ £ £ £

I. Payment
Payment Notices for instalments of fees, time charges and expenses shall be issued and paid:
on a monthly basis
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at the end of each stage
in accordance with the agreed drawdown schedule dated ref:
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J. Professional Indemnity Insurance
The amount of professional indemnity insurance cover to be maintained
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for the Project in respect of each and every claim or series of claims
arising out of the same originating cause shall be £
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Professional indemnity insurance cover shall be maintained by the
Architect/Consultant for the above amount, except for claims arising out of:
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pollution or contamination, with an aggregate limit of £
annually
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OR
per project
asbestos, with an aggregate limit of £

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annually
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OR
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per project
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cladding or fire-related issues,3 with an aggregate limit of £

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annually
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per project
other3,4 (please specify)

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with an aggregate limit of £
annually
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OR
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per project
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It is important to ensure that this wording reflects the wording of any restrictions in the Architect/Consultant’s professional
indemnity insurance policy.
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Specify other material exclusions or restrictions under the Architect/Consultant’s professional indemnity insurance that are
relevant to the Project.

K. Dispute Resolution
Mediation
The Parties may agree to try to resolve their differences through mediation without prejudice
to any other dispute resolution rights.
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Adjudication
Either Party has the statutory right (but no obligation) to refer a dispute, at any time, to
adjudication. If a dispute is so referred, the Scheme for Construction Contracts (England and
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Wales) Regulations 1998 as amended shall apply. The Adjudicator’s decision is binding unless
and until the dispute is determined by arbitration or litigation following referral by either Party.
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Final Dispute Resolution Process
The Parties may select either arbitration or litigation. If the Parties do not make a selection
then litigation shall be the final dispute resolution process.
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Arbitration Applies
The Parties select arbitration for final dispute resolution.
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OR
Litigation Applies
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The Parties select court proceedings for final dispute resolution.
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If the Parties cannot reach agreement on a person to act as Mediator, Adjudicator or
Arbitrator, either Party may apply for a nomination or appointment to be made by the
Royal Institute of British Architects.
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L. Information Formats
Drawings and documents produced by the Architect/Consultant using computer aided design
(CAD), any other proprietary software or building information modelling (BIM) in connection
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with the Services shall be provided in the following format:

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Drawings and documents produced by the Architect/Consultant shall be provided to the

Client in PDF format only.
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OR
Information, drawings and documents produced by the Architect/Consultant shall be

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provided to the Client in PDF format and in the file format(s) listed below on the condition
that the PDF format files take precedence and the Architect/Consultant is not liable for
any loss or degradation of information resulting from the translation from the original file
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format to any other file format or from the recipient’s reading of it in any other software or
another version of the software referred to below:
Software Version File format Type of data

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(e.g. AutoCAD, (e.g. dwg, dxf, dgn, (e.g. 2D or 3D CAD files,

Revit, ArchiCAD) ifc, rvt) BIM models,
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spreadsheets, etc.)
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OR
Information produced by the Architect/Consultant shall be provided to the Client in
accordance with the agreed BIM protocol dated ref:

M. Supplementary Rights
Subject to clause 4.4, the following supplementary documents are applicable
(tick only such agreements as it is agreed the Architect/Consultant should enter into):
Novation Agreement (see clauses 4.6 to 4.9 of the Contract Conditions)
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on the terms of the CIC Novation Ab Initio (2018)
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on the terms attached hereto as Appendix provided such terms are
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substantially no more onerous than the above
Collateral Warranty in favour of the Client on Novation of the Contract to the Contractor
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(see clauses 4.6 to 4.9 of the Contract Conditions)
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on the terms of the CIC Collateral Warranty: Consultant – Employer (2018)
OR
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Collateral Warranty in favour of any first purchaser of a non-residential freehold interest
in the Project up to a maximum number of such warranties
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on the terms of the CIC Collateral Warranty: Consultant – Purchaser/Tenant (2018)

OR
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Collateral Warranty in favour of any first purchaser of a non-residential leasehold interest

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in the Project up to a maximum number of such warranties

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on the terms of the CIC Collateral Warranty: Consultant – Purchaser/Tenant (2018)

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OR
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Collateral Warranty in favour of any financier of the Project

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on the terms of the CIC Collateral Warranty: Consultant – Funder (2018)

OR
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As an alternative to Collateral Warranties, the Parties may agree that third party rights are
granted in favour of those parties indicated below:
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hird party rights pursuant to the Contracts (Rights of Third Parties) Act 1999 are
granted in favour of:
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(1) on the terms attached hereto as Appendix
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Contract
Conditions
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Definition of Terms
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Architect 5/Consultant: the person or organisation that the Client appoints to perform the Services.
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Basic Fee: the fee for the Services excluding VAT and any additional charges, such as expenses,
disbursements, etc.
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Building Contract: the contract between the Client and the Contractor for the construction of the
Project.
CDM Regulations 2015: the Construction (Design and Management) Regulations 2015 and any
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guidance as issued, amended or replaced from time to time by the Health and Safety Executive,
which govern the management of health, safety and welfare for construction projects.
Client: the person or organisation referred to in item A of the Contract Details. This also includes
the Client’s representative where one is appointed by the Client with full authority to act on behalf of
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the Client for all purposes in connection with the matters set out in the Contract, except where
advised to the contrary.
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Collateral Warranty: a contract that provides contractual rights, including the right to recover
losses, in favour of a third party who does not have a direct contractual relationship with the
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Architect/Consultant.
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Confidential Information: all information relating to the Project and the Client’s and
Architect/Consultant’s business and affairs which either Party directly or indirectly receives or
acquires from the other Party or any representative of the other Party whether in writing, by
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electronic mail or orally and which is not otherwise already in the public domain.
Construction Cost: the Client’s target cost for the building works as specified in the Project Brief,
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as set out in item D of the Contract Details (being the Client’s initial budget), and subsequently the
latest estimate approved by the Client or, where applicable, the actual cost of constructing the
Project upon agreement or determination of the final account for the Project. The Construction Cost
includes the cost of any equipment and/or materials provided or to be provided by the Client to the
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Contractor for installation as part of the Project, and any direct works carried out by or on behalf of
the Client. The Construction Cost excludes VAT, professional fees, the cost of resolution of any
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dispute, the Client’s legal and in-house expenses and any loss and/or expense payments made to
the Contractor and is not affected by any liquidated damages deducted by the Client.
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Contractor: the party referred to as the Contractor in the Building Contract.

Contractor/New Client: the Party that the Architect/Consultant is contracting with in the Novation
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Agreement.
Final Date for Payment: the date, specified in clause 5.13, by which a payment that is due shall be
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paid.
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‘Architect’ is a legally protected title in the UK, which can only be used by people registered under the Architects Act 1997
with the Architects Registration Board (ARB).

Health and Safety File: the file required by the CDM Regulations 2015, which contains relevant
health and safety information needed to allow future construction works, including cleaning,
maintenance, alterations, refurbishment and demolition, to be carried out safely.
Notified Sum: the sum set out in a Payment Notice or in a default notice.
Novation: a procedure whereby the original client and a new client transfer the Architect/
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Consultant’s appointment from the original client to the new client, so that after the Novation the
Architect/Consultant carries out its duties for the benefit of the new client and is paid by the new
client.
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Novation Agreement: is a three-way agreement by which an existing contract between the
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Client and the Architect/Consultant is novated to the Contractor, on the same terms as the first
contract, as if the Architect/Consultant and the Contractor had been the original Parties thereto
from the outset (i.e. novation ab initio).
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Other Client Appointments: other consultant or services appointments which have been, or will
need to be, made by the Client to enable the Architect/Consultant to undertake its work in
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connection with the Project.
Party/Parties: the signatories to the Agreement: the Client and the Architect/Consultant described
in items A and B of the Contract Details.
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Payment Notice: a notice that the Architect/Consultant issues to the Client, in accordance with
clauses 5.10 to 5.15, showing the payment that the Architect/Consultant considers is due and how it
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was calculated.
Practical Completion: when the works are certified as having achieved ‘Practical Completion’
under the terms of the Building Contract.
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Principal Contractor: a contractor appointed by the Client as Principal Contractor under the CDM
Regulations 2015.
Principal Designer: a designer appointed by the Client as Principal Designer under the
CDM Regulations 2015.
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Project: as described in the Project Brief, item D of the Contract Details.

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Project Brief: the Client’s requirements for the Project, as initially set out in item D of the Contract
Details and including any revisions made by the Architect/Consultant and approved by the Client.
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Project Programme: the Client’s initial programme for the Project, as specified in item D of the
Contract Details and including any revisions made by the Architect/Consultant and approved by
the Client.
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Schedule of Services: the schedule specifying the role specifications, Services and additional
services to be undertaken by the Architect/Consultant in connection with the Project, which is
incorporated into the Contract.
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Services: the professional services to be performed by the Architect/Consultant specified in the

Schedule of Services, which may be varied by agreement.
Third Party Rights Schedule: the schedule defining the rights granted, as an alternative to a
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Collateral Warranty, to a third party who is not a Party to the Contract, such as a funder, purchaser
or tenant, to enforce certain benefits of the Contract in accordance with the Contracts (Rights of
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Third Parties) Act 1999.

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Clauses
1. General Interpretation
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1.1 Where under the Contract an action is required to be taken within a specified period, in
calculating a period a day shall be a calendar day and a date shall be a calendar date.
When a period is calculated, it shall exclude public holidays.
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1.2 The provisions of the Contract continue to bind the Client and the Architect/Consultant as
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long as is necessary to give effect to the Parties’ respective rights and obligations.
1.3 The Contract supersedes any previous agreement or arrangements between the Client
and the Architect/Consultant in relation to the Services (whether oral or written) and
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represents the entire agreement between the Client and the Architect/Consultant in relation
to the Services. All additions, amendments and variations to the Contract shall be binding
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only if agreed in writing by duly authorised representatives of both the Client and the
1.4 If any clause or part of any clause of the Contract is ruled by the courts or declared to be
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invalid or unenforceable in any way, it shall be severed from the Contract and this shall not
affect any other clause of the Contract, nor the validity of the remaining clauses of the
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Contract, which shall remain in full force.
1.5 The Contract is subject to the law of England and Wales and the Parties submit to
the exclusive jurisdiction of the courts of England and Wales.
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1.6 Subject to clause 3.1 of the Contract Conditions, to the extent that either Party processes
personal data, as part of the Contract, the Party undertakes to do so in compliance with
the General Data Protection Regulation (GDPR) and to keep such personal data in a secure
technological environment.
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2. Client’s Responsibilities
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2.1 The Client shall:

2.1.1 inform the Architect/Consultant of the Project Brief, the Construction Cost, the
Project Programme and the Services required and, as soon as reasonably
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practicable, of any subsequent changes required and agree steps to mitigate the
consequences of such changes
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2.1.2 provide, free of charge, information in the Client’s possession, or which is

reasonably obtainable, and which the Architect/Consultant reasonably advises is
necessary for the proper and timely performance of the Services, and the
Architect/Consultant shall be entitled to rely on such information
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2.1.3 make decisions and give approvals as necessary for the proper and timely
performance of the Services
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2.1.4 appoint or otherwise engage any Other Client Appointments required to perform
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work or services under separate agreements and require them to collaborate with
the Architect/Consultant. The Client shall confirm in writing to the Architect/
Consultant the work or services to be performed by any Other Client Appointments
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2.1.5 hold the Other Client Appointments, and not the Architect/Consultant, responsible
for the proper carrying out and completion of the work or services entrusted to
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them under any Other Client Appointments

2.1.6 hold the Contractor(s) appointed to undertake construction works, and not the
Architect/Consultant, responsible for the proper carrying out and completion of
construction works in compliance with the Building Contract

2.1.7 where the Architect/Consultant is appointed as Contract Administrator for the

Building Contract, not deal with the Contractor directly or interfere with the
Architect/Consultant’s duties under the Building Contract
2.1.8 not hold the Architect/Consultant responsible for any instructions issued by the
Client to the Other Client Appointments or Contractor
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2.1.9 pay any statutory charges and any fees, expenses and disbursements in respect
of any obligations for planning, building control and other consents.
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2.2 The Client may issue reasonable instructions to the Architect/Consultant. The Client’s
named representative, as indicated in item A of the Contract Details, shall have full authority
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to act on behalf of the Client for all purposes in connection with the matters set out in the
Contract.
2.3 The Client acknowledges that the Architect/Consultant does not warrant:
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2.3.1 that planning permission and other approvals from third parties shall be granted at
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all or, if granted, will be granted in accordance with any anticipated timescale
2.3.2 compliance with the Project Programme and Construction Cost, which may need
to be reviewed for, but not limited to:
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(a) variations instructed by the Client
(b) fluctuations in market prices
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(c) delays caused by any Other Client Appointments, the Contractor or any
other factor that is not the responsibility of the Architect/Consultant under
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the Contract
(d) the discovery at any time of previously unknown factors which were not
reasonably foreseeable at the date of the Contract
2.3.3 the competence, performance, work, services, products or solvency of any Other
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Client Appointments or the Contractor.
2.4 The Client shall not disclose Confidential Information unless:

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2.4.1 disclosure is necessary to take professional advice in relation to the Contract or

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the Services
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2.4.2 it is already in the public domain other than due to wrongful use or disclosure by
the Client
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2.4.3 disclosure is required by law or because of disputes arising out of or in connection

with the Contract.
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3. Architect/Consultant’s Responsibilities
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3.1 In the performance of the Services and discharging all the obligations under the Contract,
the Architect/Consultant will exercise the reasonable skill, care and diligence to be
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expected of an Architect/Consultant experienced in the provision of such services for

projects of a similar size, nature and complexity to the Project. Notwithstanding anything
that may appear elsewhere to the contrary, whether under this Contract or otherwise, the
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Architect/Consultant’s duties and obligations shall be deemed to be subject to the exercise

of such reasonable skill, care and diligence and nothing contained in this Agreement or
elsewhere shall be construed as imposing on the Architect/Consultant any greater duty
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than the exercise of such reasonable skill, care and diligence.

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3.2 The Architect/Consultant shall:

3.2.1 perform the Services with due regard to the Project Brief

3.2.2 inform the Client of progress in the performance of the Services and, upon
becoming aware, of any issue that may materially affect the Project Brief,
Project Programme, Construction Cost or quality of the Project, and any
information, decision or action required in mitigation
3.2.3 inform the Client of a need to make any Other Client Appointments to perform
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work in connection with the Project and/or any information, decision or action
required from the Client or Other Client Appointments in connection with the
performance of the Services
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3.2.4 act on behalf of the Client in the matters set out in the Contract or in relation to
any project procedures agreed with the Client from time to time, subject to the
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Client’s prior written approval
3.2.5 if acting as Contract Administrator for the Building Contract, exercise impartial and
independent judgement when acting as an intermediary between the Client and
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the Contractor
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3.2.6 collaborate with any Other Client Appointments named in the Contract Details or
any other parties who might reasonably be expected to perform work or services
and, where indicated in the Services, the Architect/Consultant shall coordinate
relevant information received from such persons with the Architect/Consultant’s
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design, but the Architect/Consultant shall not be responsible for the content of the
information received
3.2.7
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make no material alteration to the Services or an approved design without the
prior written consent of the Client, except in an emergency, whereupon the
Architect/Consultant shall confirm such actions to the Client without delay.
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3.3 Subject to clause 3.4, the Architect/Consultant shall have the right to publish photographs
and other information relating to the Project, and the Client shall give reasonable access to
the Project for this purpose for 2 years after Practical Completion.
3.4 The Architect/Consultant shall not disclose Confidential Information unless:

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3.4.1 disclosure is necessary for the proper performance of the Services, or in order to
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take professional advice in relation to the Contract or the Services, or in order to

obtain/maintain insurance cover as required by the Contract
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3.4.2 it is already in the public domain other than due to wrongful use or disclosure by
the Architect/Consultant
3.4.3 disclosure is required by law or because of disputes arising out of or in connection
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with the Contract.

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4. Assignment, Subcontracting, Other Client Appointments,

Supplementary Rights and Novation
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Assignment
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4.1 Neither the Architect/Consultant nor the Client shall at any time assign the benefit of the
Contract or any rights arising under it without the prior written consent of the other. Such
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consent shall not be unreasonably withheld or delayed.
Subcontracting
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4.2 The Architect/Consultant shall not subcontract performance of any part of the Services
without the prior consent of the Client, and such consent shall not be unreasonably
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withheld or delayed. Any such subcontracting shall not relieve the Architect/Consultant of
responsibility for carrying out and completing the Services in accordance with the
Contract. Such consent shall not be required for agency or self-employed staff.

Other Client Appointments

4.3 If during the performance of the Services it would, in the opinion of the Architect/
Consultant, be of benefit to the Client for it to engage Other Client Appointments with
appropriate knowledge and experience to perform part of the Services and the Client
agrees to make such an appointment, it shall be made without undue delay and the Client
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shall give written notice accordingly to the Architect/Consultant. The Architect/Consultant
shall be relieved of responsibility and liability for that element of the Services. The
Architect/Consultant shall collaborate with such Other Client Appointments.
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Supplementary Rights
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4.4 The Architect/Consultant shall execute Collateral Warranties within 14 working days of a
request to do so by the Client, or grant third party rights under the Contract (Rights of Third
Parties) Act 1999, to such parties and on such terms as are indicated in item M of the
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Contract Details.
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4.5 Except where indicated in item M of the Contract Details, there is no intention to grant
rights to third parties pursuant to the Contracts (Rights of Third Parties) Act 1999, other
than to lawful assignees.
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Novation
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Subject to clause 4.9, the Client, having engaged the Architect/Consultant under the
Contract in respect of the provision of consultancy services for a traditional form of Building
Contract, may subsequently novate the Contract to a Contractor/New Client appointed to
carry out the design and construction of the development under a design and build form of
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Building Contract by means of the Novation Agreement set out on terms to be agreed
based on the template clauses in clause 4.8.
4.7 Novation shall be on terms which shall provide that from the point of Novation of the
Contract both the Client and the Architect/Consultant shall release each other from all past
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and future obligations and liabilities under the Contract and the Architect/Consultant shall
accept the Contractor/New Client in lieu of the Client in respect of all past and future
obligations and liabilities and the Contractor/New Client shall accept the appointment of the
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Architect/Consultant as if the Contractor/New Client had been a Party to the Contract in

lieu of the Client from the outset of the Contract, save that the Parties will acknowledge
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that, prior to the date of the Novation Agreement, the Architect/Consultant was performing
the Services for the benefit of and solely on the instructions of the Client and not the
Contractor/New Client.
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4.8 In the event of a Novation, it is agreed that terms set out in italics in clauses 4.8.1 to 4.8.4
inclusive, or similar terms in all material aspects, shall be included in a separate Novation
Agreement to be entered into by the Client, the Architect/Consultant and the Contractor/
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New Client:
4.8.1 the Client hereby agrees to release and discharge the Architect/Consultant from
further performance of its obligations under the Architect/Consultant’s
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appointment and from all duties, liabilities, claims and demands whatsoever,
whether under the Architect/Consultant’s appointment or otherwise and whether
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arising prior to, on or subsequent to the date of this novation agreement.

(Where the Architect/Consultant has provided a Collateral Warranty or granted
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third party rights to the Client pursuant to clause 4.4, this wording shall be
prefaced by: ‘Without prejudice to any other rights or remedies the Client may
have under a Collateral Warranty or Third Party Rights Schedule pursuant to
clause 4.4’)
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4.8.2 the Client and the Architect/Consultant and the Contractor/New Client hereby
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agree that the Architect/Consultant’s appointment shall be deemed to have been

made with the Contractor/New Client in place of the Client from the outset for all
purposes and in respect of all rights, benefits, liabilities and duties thereunder,
whether arising prior to, on or subsequent to the date of this novation agreement,

including, without restriction, any limitation or exclusion of liability therein so

that the Architect/Consultant shall have no greater or longer liability to the
Contractor/New Client hereunder than it would have owed to the Client under the
Architect/Consultant’s appointment. The Architect/Consultant agrees that it shall
not assert that the Contractor/New Client has suffered no loss solely because a
breach of the Architect/Consultant’s appointment occurred prior to the date of this
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novation agreement but the parties acknowledge that the Architect/Consultant in
carrying out its obligations under the Architect/Consultant’s appointment prior to
the date of this novation agreement was acting for the benefit of and solely on the
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instructions of the Client
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4.8.3 the Architect/Consultant hereby agrees to release and discharge the Client from
further performance of the Architect/Consultant’s appointment and all duties,
liabilities, claims and demands whatsoever, whether arising prior to, on or
subsequent to the date of this novation agreement and the Architect/Consultant
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accepts the Contractor/New Client in place of the Client under the Architect/
Consultant’s appointment
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4.8.4 the Contractor/New Client agrees to perform all of the duties and accepts all the
obligations of the Client under the Architect/Consultant’s appointment and to be
bound by all its terms and conditions in every way as if it had been named as a
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party to the Architect/Consultant’s appointment in place of the Client from the
outset.
4.9
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Notwithstanding the above provisions, the Architect/Consultant is under no obligation to
agree to the Novation and may terminate the Contract by giving at least 7 days’ written
notice and complying with clause 9.3.
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5. Fees and Expenses

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5.1 The fees for performance of the Services and/or any additional services shall be calculated
in accordance with this clause and as specified in the Contract Details.
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5.2 The Basic Fee for performance of the Services shall be as specified in item F of the
Contract Details and may be any or a combination of:
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5.2.1 the specified percentage or percentages applied to the Construction Cost. Until
the actual cost of the building work is known, the percentages are applied to the
latest approved estimate of the cost of the building work or the Building Contract
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sum. The total fee shall be adjusted based on the final Construction Cost on
completion of the Services. The cost shall exclude VAT, fees and any claims made
by or against the Contractor
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5.2.2 the separate percentages specified for each RIBA Plan of Work stage applied to
the Construction Cost at the end of the previous stage
5.2.3 the specified lump sum or sums
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5.2.4 the time charges ascertained by multiplying the time reasonably spent in the
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performance of the Services by the specified hourly or daily rate for the relevant
personnel, as set out in item G of the Contract Details. Time ‘reasonably spent’
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includes the time spent in connection with performance of the Services in

travelling from and returning to the Architect/Consultant’s office
5.2.5 any other agreed method.
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5.3 Lump sums and rates for time charges, mileage and printing shall be revised every
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12 months in accordance with changes in the Consumer Prices Index. Each 12-month
period commences on the anniversary of the date of the Contract.

5.4 The Basic Fee shall be adjusted:

5.4.1 including due allowance for any loss and/or expense, if material changes are made
to the Project Brief and/or the latest approved estimate of the cost of the building
work and/or the Project Programme save to the extent that any changes arise from
a breach of the Contract by the Architect/Consultant and/or the Services are
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varied by agreement
5.4.2 where percentage fees in accordance with clause 5.2.1 or 5.2.2 apply, to
compensate the Architect/Consultant for any reduction of the Construction Cost
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arising solely from deflationary market conditions not prevailing at the date of the
Contract
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5.4.3 if the Client instructs a reduction in the Project Brief during the performance of the
Services, or there is a reduction in the Construction Cost due to deflationary
market conditions, the figure to which the percentage Basic Fee shall be applied,
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up to the date of the instruction or reduction, shall be the current professionally
prepared estimate of the Construction Cost or the lowest acceptable tender
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(whichever is later) immediately prior to the instruction or reduction.
5.5 Subject to clause 5.6, if the Architect/Consultant is involved in extra work or incurs extra
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expense for reasons beyond the Architect/Consultant’s reasonable control, additional fees
shall be calculated on a time basis in accordance with clause 5.2.4 at the rate(s) set out in
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item G of the Contract Details unless otherwise agreed. Matters in relation to which the
Architect/Consultant shall be entitled to additional fees include, but are not limited to,
where:
5.5.1 the cost of any work, installation or equipment, in connection with which the
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Architect/Consultant performs Services, is not included in the Construction Cost

5.5.2 the Architect/Consultant is required to vary any Service already commenced or
completed or to provide a new design after the Client has authorised development
of an approved design
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5.5.3 the nature of the Project reasonably requires that substantial parts of the design
are not completed or that they are specified provisionally or approximately before
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construction commences
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5.6 The Architect/Consultant shall inform the Client on becoming aware that clause 5.5 shall
apply. Clause 5.5 shall not apply to the extent that any change or extra work or expense
arises from a breach of the Contract by the Architect/Consultant.
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5.7 The Client shall reimburse the Architect/Consultant for expenses and disbursements in the
manner specified in item H of the Contract Details.
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5.8 The Architect/Consultant shall maintain records of time spent on Services performed on a
time basis and for any expenses and disbursements to be reimbursed at net cost. The
Architect/Consultant shall make such records available to the Client on reasonable request.
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5.9 Where the Architect/Consultant is instructed by the Client to invite a tender or tenders for
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work or services in connection with the Project but no tender is submitted or accepted, the
Architect/Consultant shall be entitled to fees due up to and including the receipt of tenders
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based on the construction work or that part of it relating to the Services current at the date
of tender.
Payment Notices
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5.10 The Architect/Consultant shall issue Payment Notices at the intervals specified in item I of
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the Contract Details.
5.11 In the event of non-payment of any amount properly due to the Architect/Consultant under
the Contract, the Architect/Consultant is entitled to interest on the unpaid amounts under
the provisions of clause 5.22. The Architect/Consultant may:

5.11.1 suspend use of the copyright licence under the provisions of clause 6
5.11.2 suspend or terminate performance of the Services and other obligations under the
provisions of clause 9
5.11.3 commence dispute resolution procedures and/or debt recovery procedures.
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5.12 Each Payment Notice shall comprise the Architect/Consultant’s account, setting out any
accrued instalments of the fee and other amounts due, less any amounts previously paid,
and stating the basis of calculation of the amount specified, which shall be the Notified
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Sum. The payment due date shall be the date of the Architect/Consultant’s Payment
Notice. Instalments of fees shall be calculated on the Architect/Consultant’s reasonable
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estimate of the percentage of completion of the Services or stages or other services or any
other specified method.
5.13 The Client shall pay the Notified Sum within 14 days of the date of issue of the relevant
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Payment Notice (which shall be the Final Date for Payment) unless:
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5.13.1 the Architect/Consultant has become insolvent (as defined in the Housing Grants,
Construction and Regeneration Act 1996) at any time between the last date on
which the Client could have issued the notice under clause 5.16 and the Final Date
for Payment
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5.13.2 the Client has issued a notice under clause 5.16.
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5.14 The Client shall not delay payment of any undisputed part of the Notified Sum.
5.15 The Architect/Consultant shall submit the final Payment Notice for fees and any other amounts
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due when the Architect/Consultant reasonably considers the Services have been completed.
Notice of Intention to Pay Less

5.16 If the Client intends to pay less than the Notified Sum, the Client shall give a written notice
to the Architect/Consultant not later than 5 days before the Final Date for Payment,
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specifying:
5.16.1 the amount that the Client considers to be due on the date the notice is served
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5.16.2 the basis on which that sum is calculated

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5.16.3 the ground for doing so or, if there is more than one ground, each ground and the
amount attributable to it.
5.17 The Client shall, on or before the Final Date for Payment, make payment to the
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Architect/Consultant of the amount, if any, specified in the written notice.
5.18 If no such notice is given, the amount due and payable shall be the Notified Sum stated as
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due in the Architect/Consultant’s account. The Client shall not delay payment of any
undisputed part of the account.
5.19 If the Client issues such a notice and the matter is referred to an Adjudicator who decides
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that an additional sum, greater than the amount stated in the notice of intention to pay less,
is due, the Client shall pay that sum within 7 days of the date of the decision or the date
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which, in the absence of the notice, would have been the Final Date for Payment, whichever
is the later.
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5.20 The Client shall not withhold any amount due to the Architect/Consultant under the
Contract unless the amount has been agreed with the Architect/Consultant or has been
decided by any tribunal to which the matter is referred as not being due to the Architect/
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Consultant. All rights of set-off at common law or in equity which the Client would
otherwise be entitled to exercise are expressly excluded.
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5.21 If the performance of any or all of the Services and/or obligations is suspended or
terminated, the Architect/Consultant shall be entitled to:

5.21.1 payment of any part of the fee and other amounts properly due to the date of the
last instalment and a fair and reasonable amount up to the date of suspension or
termination to reflect any work undertaken but not completed at the time of
suspension or termination and payment of any licence fee due under clause 6
5.21.2 reimbursement of any loss and/or damages caused to the Architect/Consultant
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due to the suspension or the termination, except where the Architect/Consultant is
in material or persistent breach of the obligations under the Contract.
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5.22 In the event that any amounts are not paid when properly due, the Architect/Consultant
shall be entitled to simple interest on such amounts until the date that payment is received
at 8% per year over the dealing rate of the Bank of England, current at the date that
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payment becomes overdue, together with such costs as are reasonably incurred by the
Architect/Consultant (including costs of time spent by principals, employees and advisers)
in obtaining payment of any sums due under the Contract. Any entitlement to interest at the
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specified rate shall also apply to any amounts that are awarded in adjudication, arbitration
or legal proceedings.
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5.23 The Client or the Architect/Consultant shall pay to the other Party who successfully
pursues, resists or defends any claim or part of a claim brought by the other:
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5.23.1 such costs as are reasonably incurred (including costs of time spent by principals,
employees and advisers) where the matter is resolved by negotiation or mediation
5.23.2
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such costs as may be determined by any dispute resolution body to which the
matter is referred.
5.24 In addition to the fees and expenses, the Client shall pay any VAT chargeable on the
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Architect/Consultant’s fees and expenses.
6. Copyright and Licence

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6.1 Subject to clause 6.3, the Architect/Consultant shall own all intellectual property rights,
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including the copyright in the drawings and documents produced in performing the
Services, and this clause generally asserts the Architect/Consultant’s moral right to be
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identified as the author of such work.

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6.2 No part of any design by the Architect/Consultant may be registered under the
Registered Designs Regulations 2001 by the Client without the written consent of the
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6.3 To the extent that fees and other amounts properly due are paid, the Client shall have a
licence to copy and use all drawings and documents provided by the Architect/Consultant
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in either paper or digital formats only for purposes related to construction of the Project or
its subsequent use or sale. They may not be used for reproduction of the design for any
part of any extension of the Project or any other project. Such licence is subject always to
clause 6.7.
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6.4 Copying or use of the drawings and documents which have been provided in either paper
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or digital formats by any Other Client Appointments providing services to the Project shall
be deemed to be permitted under a sub‑licence granted by the Client, whether such
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drawings and documents were issued by the Client or on the Client’s behalf.
6.5 The Architect/Consultant shall be liable to the Client in respect of any reasonably
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foreseeable and fully mitigated expenses, losses or damages directly suffered by the Client
as a result of the work of the Architect/Consultant being in breach of copyright or any other
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intellectual rights of any third party.
6.6 The Architect/Consultant shall not be liable for any use of the drawings and documents
which have been provided in either paper or digital formats other than for the purpose for
which they were prepared and provided by the Architect/Consultant.

6.7 If at any time the Client is in default of payment of any fees or other amounts properly due,
the Architect/Consultant may suspend further use of the licence and any sub‑licences for
the drawings and documents to which the unpaid monies relate on giving 7 days’ notice of
the intention to do so. Use of the licence may be resumed on receipt of such outstanding
amounts.
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6.8 The licence shall stay in force, notwithstanding the expiry or termination of the Contract,
unless it is suspended at the date of such expiry or termination.
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6.9 The Basic Fee for the performance of the Services shall include all royalties, licence fees or
similar expenses for the making, use or exercise by the Architect/Consultant of any
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invention or design patents, etc. for the purpose of performing the Services.
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7. Architect/Consultant’s Liability
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7.1 Actions or proceedings arising out of or in connection with the Contract, whether in
contract, in tort, for negligence or breach of statutory duty or otherwise, shall not be
commenced after the expiry of 6 or 12 years, depending on how the Contract is executed,
from the date of Practical Completion or the date of completion of the last Services,
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whichever is the earlier.
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7.2 In any such action or proceedings:
7.2.1 the Architect/Consultant’s liability for loss or damage shall not exceed the amount
of the Architect/Consultant’s professional indemnity insurance specified in item J
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of the Contract Details
7.2.2 no employee of the Architect/Consultant or any agent of the Architect/Consultant
shall be personally liable to the Client for any negligence, default or any other
liability whatsoever arising from performance of the Services.
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7.3 In respect of any claim by the Client under the Contract, and without prejudice to the
provisions of clause 7.2.1, the Architect/Consultant’s liability shall be limited to such sum as
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shall be agreed between the Parties or adjudged by the court to be the proportion of the
loss to the Client caused by the Architect/Consultant’s failure to exercise reasonable skill,
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care and diligence in the performance of its duties under the Contract. This proportion is to
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be calculated on the basis that:

7.3.1 all other consultants, contractors and Other Client Appointments providing work or
services for the Project are deemed to have provided to the Client contractual
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undertakings in respect of their work or services on terms materially no less

onerous than those which apply to the Architect/Consultant under the Contract
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7.3.2 there are deemed to be no exclusions or limitations of liability or joint insurance or

co-insurance provisions between the Client and any other persons referred to in
this clause
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7.3.3 all the persons referred to in this clause are deemed to have paid to the Client
such sums as it would be just and equitable for them to pay having regard to the
extent of their responsibility for that loss and/or damage.
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8. Professional Indemnity Insurance

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8.1 The Architect/Consultant shall maintain, until the expiry of the period specified in clause 7.1,
professional indemnity insurance with a limit of indemnity not less than the amount or
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amounts specified in item J of the Contract Details, provided such insurance continues to
be offered on commercially reasonable terms to the Architect/Consultant at the time when
the insurance is taken out or renewed. The Architect/Consultant, when reasonably
requested by the Client, shall produce for inspection a broker’s letter or certificate
confirming that such insurance has been obtained and is being maintained.

8.2 The Architect/Consultant shall inform the Client as soon as practicable upon becoming
aware that such insurance ceases to be available on commercially reasonable terms or,
subsequent to the date of the Contract, any restrictions are attached to the policy or an
aggregate limit applies to any matters other than those specified in the Contract Details in
order that the Architect/Consultant and the Client can discuss the best means of protecting
their respective positions.
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9. Suspension or Termination
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9.1 The Client may suspend or terminate performance of any or all of the Services and other
obligations under the Contract by giving the Architect/Consultant at least 7 days’ written
notice and stating the reason for doing so.
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9.2 The Architect/Consultant may suspend or terminate performance of any or all of the
Services and other obligations under the Contract by giving the Client at least 7 days’
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written notice and stating the grounds on which it intends to do so. Such grounds are
limited to:
9.2.1 the Client’s failure to pay any fees or other amounts due by the Final Date for
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Payment unless, where applicable, the Client has given effective notice under
clause 5.16 of the intention to pay less than the amount stated in the Architect/
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Consultant’s Payment Notice
9.2.2 the Client is in material or persistent breach of its obligations under the Contract
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9.2.3 the Architect/Consultant is prevented from or impeded in performing the Services

for reasons beyond the Architect/Consultant’s control
9.2.4 the Architect/Consultant does not agree to Novation of the Contract to the
Contractor
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9.2.5 force majeure

9.2.6 any other reasonable grounds for suspension or termination of the Contract.
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9.3 In the event of suspension or termination, the Architect/Consultant shall cease performance
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of the Services and/or other obligations under the Contract in an orderly and economical
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manner on the expiry of the notice period after receipt or issue of a notice of suspension or
termination.
9.4 If the reason for a notice of suspension arises from a default:

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9.4.1 which is remedied within the notice period, the Architect/Consultant shall resume
performance of the Services and other obligations under the Contract within a
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reasonable period
9.4.2 which is not remedied within the notice period by the defaulting Party, the
Contract may be terminated by the non-defaulting Party giving at least 7 days’
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further written notice.
9.5 Where Services are suspended by either Party after serving notice under clause 9.1 or
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clause 9.2 and not resumed within 6 months, the Architect/Consultant has the right to treat
performance of the Services as ended on giving at least 7 days’ further written notice to
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the Client.
9.6 The direct or indirect effect of any period of suspension arising from a valid notice given
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under clause 9.1 or clause 9.2 shall be taken into account for the purposes of assessing
compliance by the Architect/Consultant with the Project Programme.
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9.7 Performance of the Services and/or other obligations may be terminated immediately by
notice from either Party if:

9.7.1 the other Party becomes bankrupt or is subject to a receiving or administration

order, and/or goes into liquidation, and/or becomes insolvent (as defined in the
Housing Grants, Construction and Regeneration Act 1996), and/or makes any
arrangements with creditors
9.7.2 the other Party becomes unable to perform its obligations through death or
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incapacity.
9.8 On termination of performance of the Services and/or other obligations under the Contract,
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a copy of any drawings and documents produced pursuant to the Services and not
previously provided by the Architect/Consultant to the Client shall be delivered to the Client
by the Architect/Consultant, subject to the terms of the licence under clause 6.3 and
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payment of any outstanding fees and other amounts due plus the reasonable expenses of
the Architect/Consultant.
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10. Dispute Resolution
Mediation
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10.1 Subject to clause 10.2, the Parties may attempt to settle the dispute, in the first instance,
by mediation as specified in item K of the Contract Details.
10.2
Adjudication
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Either Party may give notice at any time of its intention to refer a dispute or difference to an
Adjudicator.
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10.3 Referral of the dispute to an Adjudicator shall be made within 7 days of the issue of the
notice.
10.4 If the Parties cannot reach agreement on a person to act as Adjudicator, either Party may
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apply for a nomination or appointment to be made by the Royal Institute of British Architects.
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10.5 The adjudication rules shall be as stated in item K of the Contract Details.
10.6 The dispute may be referred by either Party to the final resolution process, as set out in
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item K of the Contract Details.
Arbitration
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10.7 Where it is stated in item K of the Contract Details that arbitration applies as an alternative
to litigation:
10.7.1 without prejudice to any right of adjudication, where in item K of the Contract
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Details an arbitration agreement is made and either Party requires a dispute or

difference (except in connection with the enforcement of any decision of an
Adjudicator) to be referred to arbitration then that Party shall serve on the other
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Party a notice of arbitration to that effect and the dispute or difference shall be
referred to a person to be agreed between the Parties. If the Parties cannot reach
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agreement on a person to act as Arbitrator within 14 days of the date on which the
notice is served, either Party may apply for a nomination or appointment to be
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made by the Royal Institute of British Architects

10.7.2 the Client or the Architect/Consultant may refer to litigation any claim for a financial
remedy which does not exceed the financial limit provided by order made under
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section 91 of the Arbitration Act 1996

10.7.3 in such arbitration the Construction Industry Model Arbitration Rules (CIMAR)
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current at the date of the referral shall apply

10.7.4 the Arbitrator shall not have the power referred to in section 38(3) of the
Arbitration Act 1996.

Litigation
10.8 Where it is stated in item K of the Contract Details that litigation applies, either Party may
start court proceedings to settle a dispute.
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11. Information Formats
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11.1 Where produced using CAD, BIM or other proprietary software, drawings and documents
shall be provided to the Client in PDF format only, unless an alternative format has been
agreed and set out in item L of the Contract Details.
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11.2 Without prejudice to the Architect/Consultant’s obligations under the Contract, the
Architect/Consultant does not warrant, expressly or impliedly, the integrity of any electronic
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data delivered in accordance with the provisions of item L of the Contract Details.
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11.3 The Architect/Consultant shall have no liability to the Client in connection with any
corruption or any unintended amendment, modification or alteration of the drawings and
documents in digital format which occurs after they have been issued by the
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Schedule
of Services
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The specific services that the Architect/Consultant will carry out at each stage of the Project are listed
below. The Services will be performed in accordance with the stages defined in the RIBA Plan of Work.
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The Services are set out in four parts:
• Role Specifications – specify the architectural services roles to be performed, including any to
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be performed by subconsultants employed directly by the Architect/Consultant. Add any other
roles required in addition to those defined in the RIBA Plan of Work.
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• The Services – a comprehensive set of services for each of the architectural services roles is
set out in the Schedule of Services.
• Other Services – these are services that the Architect/Consultant could undertake on behalf of
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the Client for the Project. If these services are to be undertaken for the Project, they will either be
included in the Basic Fee or charged on a time-based or lump sum basis.
• Additional Services – these services are excluded from the Contract but may be instructed as
additional services, if the need arises during the Project, and are subject to additional fees.
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Role Specifications
The Services will be performed in the specified stages and include performance of any specified roles
(where applicable, as defined in the RIBA Plan of Work) in the list below. Specified roles include any
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performed by subconsultants employed directly by the Architect/Consultant.
When completing the Role Specifications, where an option APPLIES tick  the box to confirm that the
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role is being undertaken.
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Architectural Roles
Architect/Consultant Stages that apply
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Lead Designer Stages that apply
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Project Lead Stages that apply
Contract Administrator Stages that apply
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Specialist Roles
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State any specialist roles that the Architect/Consultant is going to undertake e.g. planning consultant,
landscape architect, interior designer, information manager, BIM coordinator, etc.
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Stages that apply
Stages that apply
Stages that apply

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Stages that apply

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Stages that apply

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Stages that apply
The services for the above Specialist Role(s) that the Architect/Consultant is undertaking will be added
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as an appendix to this Contract.

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This Schedule of Services excludes the role of Principal Designer as set out in the CDM
Regulations 2015. The RIBA recommends that the default choice for the Principal Designer
should be the Architect/Consultant, who should be appointed under a separate and distinct
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professional services contract (i.e. RIBA Principal Designer Professional Services Contract).
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The Services
The Services are listed by RIBA Plan of Work Stage and cover a broad range of services that the
Architect/Consultant is authorised to perform and shall be responsible for. Make any necessary
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amendments to include any additional services required.
The Services are for a traditional form of procurement covering Stages 0 to 6. Services required as
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part of any ongoing (long-term) Stage 7 – Use activities are not listed as these services will be
commissioned as a separate professional services or operating contract. If the Architect/Consultant is
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novated at any point during the Contract, the Services post Novation can be subsequently struck out
and amended or redrafted to accord with the services subsequently required.
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The Services being undertaken should be selected individually and ticked  where an option
APPLIES, provided that clause 3.1 and clause 3.2 of the Contract Conditions shall always apply.
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Stage 0 – Strategic Definition
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It is anticipated that Stage 0 services will be commissioned as a separate professional services
contract or letter of appointment. However, if the Architect/Consultant is appointed before the
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Project Brief is developed, Stage 0 services can be included.
Role Services
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Architect/Consultant Provide feedback from previous projects
Take part in workshops to develop the business case for the Project
Review relevant information from the Client to confirm the Client’s
strategic brief
Carry out a strategic sustainability review of the Client’s needs and
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potential sites, including reuse of existing facilities, building

components or materials
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Other (please specify)

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Lead Designer Please specify

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Role Services
Project Lead Collate feedback from previous projects from the Other Client
Appointments
Collate comments and organise workshops to discuss the business
case for the Project and develop the strategic brief with the Other
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Client Appointments
Assist the Client in determining the initial Construction Cost
Discuss with the Client initial considerations for the Other Client
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Appointments
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Stage 1 – Preparation and Briefing RP
Role Services
Architect/Consultant Assist the Client in identifying sustainability targets for the Project
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Visit the site and carry out an initial appraisal

Prepare a site report advising the Client of any reasonably identifiable
previous uses and restrictions of which the Architect/Consultant should
reasonably be aware
On behalf of the Client, arrange the following surveys or other
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investigations that the Architect/Consultant identifies as reasonably

required:
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Contribute to the development of the Project Programme

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Assist the Client to determine the Construction Cost

Assist the Client in developing the initial Project Brief
Assist the Client in identifying the procurement method
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Prepare and discuss feasibility studies for the Project

Provide architectural information to the Other Client Appointments as
reasonably required to enable them to carry out their services
Provide a report on the feasibility of the Project for the Client’s approval
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before progressing to the next stage

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Role Services
Lead Designer Please specify
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Project Lead Organise workshops and collate comments as required to develop the
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initial Project Brief
Establish the Project Programme with the Client
Comment on the Construction Cost
Assist the Client to prepare the Schedule of Services for the Other
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Client Appointments
Assist the Client to negotiate the Other Client Appointments’ terms of
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appointment
Establish the project management procedures, hierarchy of
responsibility and lines of communication for the exchange of
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information between the Other Client Appointments
Issue instructions to the Other Client Appointments on behalf of the
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Client

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Stage 2 – Concept Design

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Role Services
Architect/Consultant Develop sustainability strategy
Coordinate the relevant information received from the Other Client
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Appointments with the Architect/Consultant’s design

Prepare the architectural concept design for discussion with the Client
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Identify design solutions and discuss possible construction methods
for the Project with the Client
Undertake third party consultations, as reasonably required
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With the Other Client Appointments, develop the concept design

Comment on the Project Programme
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Provide architectural information for updating the Construction Cost

and review the architectural design development against the latest
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approved Construction Cost

Collate and agree with the Client changes to the initial Project Brief and
issue the final Project Brief
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Provide architectural design information and identify the reasonably

foreseeable residual health and safety risks to the Principal Designer
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Provide a stage report on the architectural concept design for the

Client’s approval before progressing to the next stage

Role Services
Architect/Consultant Town Planning services
(continued) Submit an application to the appropriate planning authority for pre-
application advice
Submit the outline application for planning approval
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N
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Lead Designer Identify requirement for additional consultants or specialist designers
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Prepare the design programme with input from the Other Client
Appointments
With the Other Client Appointments, develop a design responsibility
matrix
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Appointments with the sustainability strategy
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Appointments with the concept design
Report to the Client on progress against the design programme
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Project Lead Maintain project management procedures, hierarchy of responsibility

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and lines of communication for the exchange of information between

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the Other Client Appointments

Establish the change control procedures between the Client and the
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Client
With the Other Client Appointments, review the Project Programme
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and agree any changes with the Client

With the Other Client Appointments, establish a risk and opportunities
register
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Organise, chair and record meetings of the Client and the Other Client
Appointments, as stated in item F of the Contract Details, identify
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activities to be undertaken and determine who is responsible for taking

action and report on progress to the Client
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Report to the Client on progress of the Other Client Appointments in

accordance with the Project Programme
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Role Services
Project Lead Other (please specify)
(continued)
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Stage 3 – Spatial Coordination
Role Services
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Architect/Consultant Review and update sustainability strategy
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Prepare the architectural design in sufficient detail to enable spatial
coordination
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With the Other Client Appointments identify systems, products and
materials, standards of workmanship, type of construction and
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performance in use as they relate to the architectural design
and review the architectural design development against the latest
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Provide a stage report on the spatially coordinated design for the
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Client’s approval before progressing to the next stage

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Town Planning services

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With the Other Client Appointments, prepare and coordinate the

following report(s) to accompany the planning application
(e.g. heritage statement, design and access statement):
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Prepare architectural information to support a planning application and/or

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listed building consent application to the appropriate planning authority

Submit a planning application and/or listed building consent application
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to the appropriate planning authority

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Role Services
Lead Designer With the Other Client Appointments, review and update the design
programme
With the Other Client Appointments, review and update the design
responsibility matrix
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Comment on the Other Client Appointments’ design proposals and
project strategies, as they progress
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Appointments with the spatially coordinated design
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Project Lead
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Maintain project management procedures, hierarchy of responsibility
Maintain the change control procedures between the Client and the
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Client
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With the Other Client Appointments, review and update the risk and
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opportunities register
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Appointments, as stated in item F of the Contract Details, identify

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accordance with the Project Programme

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Stage 4 – Technical Design

Role Services
Architect/Consultant Review and update the sustainability strategy
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Prepare the architectural technical design in sufficient detail to enable
a tender or tenders to be obtained
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Review the architectural design development against the latest
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Prepare the architectural specification/schedule of works*
(*delete as appropriate)
Identify and agree the extent of the technical design, as it relates to the
architectural elements, that is to be completed by the Contractor or
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the specialist subcontractors
With the Other Client Appointments, prepare and submit the Building
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Regulations application
Consider with the Client a tenderer or a list of tenderers for the
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construction works
Collate the architectural and Other Client Appointments’ tender
information and issue the tender pack to the Client for its approval
Invite and appraise tender or tenders
Assess tenders and proposals as they relate to the architectural design
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Prepare the tender report

Coordinate the design work prepared by the Contractor and the
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specialist subcontractors with the Architect/Consultant’s design

Provide the architectural information reasonably required for
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construction
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Advise the Client of the planning conditions
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Prepare architectural information to support the application to

discharge the pre-commencement planning conditions
Submit an application to the appropriate planning authority to
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discharge the pre-commencement planning conditions

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Role Services
Lead Designer With the Other Client Appointments, review and update the design
programme
With the Other Client Appointments, review and update the design
responsibility matrix to incorporate the design outputs of the Contractor
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and the specialist subcontractors
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Appointments with the technical design
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Maintain the change control procedures between the Client and the
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Client
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With the Other Client Appointments, review and update the risk and
opportunities register
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Appointments, as stated in item F of the Contract Details, identify the
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Report to the Client on the progress of the Other Client Appointments
in accordance with the Project Programme
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N
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Role Services
Contract Administrator Advise the Client on its duties under the Building Contract
Establish contract administration procedures, hierarchy of responsibility
the Client, the Other Client Appointments and the Contractor in
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accordance with the Building Contract
Request that the Contractor provides evidence to the Client of any
insurances required under the Building Contract
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Prepare the Building Contract and arrange for it to be signed/executed
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Stage 5 – Manufacturing and Construction
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Role Services
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Architect/Consultant Provide architectural information to the Other Client Appointments, as

reasonably required, to enable them to carry out their services
Carry out visual site inspections, as stated in item F of the Contract
Details, to review the general progress and quality of the works as they
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relate to the architectural design and issue site inspection reports to

the Client
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Respond within a reasonable timeframe to architectural site queries

Provide the Principal Designer or the Principal Contractor with the
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architectural final construction issue information for inclusion in the

Health and Safety File (under the CDM Regulations 2015)
Review and comment on the operation and maintenance manuals
prepared by the Contractor, as they relate to the architectural design
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Provide the Client with the original copy of any notices, consents or
approvals in connection with planning, building control and other
relevant statutory approvals
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Request manufacturers’ maintenance instructions or leaflets from the

Contractor and provide to the Client
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Prepare architectural information to support the application to discharge
the construction-stage and the pre-occupancy planning conditions
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Submit an application to the appropriate planning authority to discharge

the construction-stage and the pre-occupancy planning conditions
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Role Services
Lead Designer Coordinate responses from the Other Client Appointments to site
queries within a reasonable timeframe
Appointments for handover
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N
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S
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Client
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accordance with the Project Programme RP
Liaise with the Client, the Other Client Appointments and the
Contractor to assist the Client in preparing for the handover of the
Project
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N
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Contract Administrator Maintain contract administration procedures, hierarchy of responsibility

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the Client, the Other Client Appointments and the Contractor in

accordance with the Building Contract
Organise, chair and record meetings, at the frequency stated in item F
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of the Contract Details, identify the activities to be undertaken and

determine who is responsible for taking action and report on progress
to the Client
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With the Other Client Appointments, carry out visual site inspections,
as stated in item F of the Contract Details, to inspect the construction
of the works with respect to general compliance with the Building
Contract and Project Programme
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Certify interim payments in accordance with the terms of the

Building Contract
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Review the progress of the construction works against the Project

Programme
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Advise the Client regarding the effect that any variation or change
proposed by the Client or Contractor will have on the Construction
Cost and Project Programme
Issue instructions in accordance with the terms of the Building Contract
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Certify Practical Completion when this has been achieved

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Role Services
Contract Administrator Other (please specify)
(continued)
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N
O
Stage 6 – Handover
S
Role Services
Architect/Consultant Carry out visual site inspections, as stated in item F of the Contract
SE
Details, and comment on resolution of defects as they relate to the
architectural design and issue site reports to the Client
O
RP
PU
Lead Designer With the Other Client Appointments, advise on the resolution of defects
N

I O
AT
LT

SU

Client
N

O
C
R
FO

Role Services
Contract Administrator Issue a schedule of defective works
Liaise with the Client, the Other Client Appointments and the
Contractor in relation to the making good of defects
Inspect the remedial works following receipt of notice from the
LY
Contractor that the resolution of defective works is complete
Certify when the defective works have been rectified
Assist the Client to agree the final account
N
Issue the final certificate
O
S
SE
O
Stage 7 – Use RP
Services required as part of any ongoing (long-term) Stage 7 – Use activities are not listed.
It is anticipated that such services will be commissioned as a separate professional services or
operating contract.
PU
N
I O
AT
LT
SU
N
O
C
R
FO

Other Services
Tick  the box where an option APPLIES, then define the service being undertaken and select
whether the service is included in the Basic Fee (item F of the Contract Details), whether it will be
carried out on a time-based charge, as per item G of the Contract Details, or whether it will be
LY
undertaken for a lump sum charge (state the charge in the ‘Other services’ section of item F of the
Contract Details).
N
Appraisals of options and selection of sites and/or buildings included in Basic Fee
Define service time-based charge
O
lump sum charge
S
SE
Surveys, inspections or specialist investigations included in Basic Fee
O
lump sum charge
RP
PU
Schedule of dilapidations included in Basic Fee
lump sum charge

N
O
Room data sheets included in Basic Fee

I
Define service
AT
time-based charge
lump sum charge

LT
SU
Accessibility audit included in Basic Fee

N
lump sum charge

O
C
Environmental studies included in Basic Fee

R
lump sum charge

FO

Services in connection with party wall matters included in Basic Fee

lump sum charge
LY
N
Community architecture and/or public consultation services included in Basic Fee
Define service
O
time-based charge
lump sum charge
S
SE
Negotiations in connection with statutory approvals included in Basic Fee
O
RP lump sum charge
PU
Submissions to and negotiations with landlords, freeholders, etc. included in Basic Fee
lump sum charge

N
O
Applications or negotiations for statutory and other grants included in Basic Fee
I
AT
lump sum charge

LT
SU
Prescribing software for data transfer and/or electronic document included in Basic Fee
control
time-based charge
Define service
N
lump sum charge

O
C
Services in connection with a site waste management plan included in Basic Fee
R

FO
lump sum charge

Two-stage tendering included in Basic Fee

lump sum charge
LY
N
Negotiating a price with a contractor (in lieu of tendering) included in Basic Fee
Define service
O
time-based charge
lump sum charge
S
SE
Briefing and/or tender documentation for specialist services included in Basic Fee
O
lump sum charge
RP
PU
Preparing special presentations, marketing or record drawings, included in Basic Fee
models, photographs, etc.
time-based charge
Define service
lump sum charge
N
O I
Preparing specialist services in relation to historic buildings and included in Basic Fee
AT
conservation works
time-based charge
Define service
LT
lump sum charge

SU
Providing computer-generated images (CGI) and/or models of the included in Basic Fee
Project
N
time-based charge
Define service
O
lump sum charge

C
R
FO

Post occupancy evaluation services in order to comment on included in Basic Fee

energy consumption and functionality of the Project
time-based charge
Define service
lump sum charge
LY
N
O
S
SE
O
RP
PU
Additional Services
N
The following services are not included in the Contract but the Client can request that the
Architect/Consultant undertakes these services, if the need arises, during the Project. These
O
services are subject to additional fees, which are to be agreed between the Client and the
I
AT
Services may include, but are not limited to, the following:
• revision of, or preparation of, additional documents to:
LT
– comply with additional requirements of planning or statutory authorities, landlords, etc.

– comply with changes in interpretation or enactment or revisions to laws or statutory
regulations
SU
– make changes or corrections not arising from any failure of the Architect/Consultant
• investigations and instructions relating to work not in accordance with the Building Contract
N
• assessment of alternative designs, materials or products proposed by the Contractor or a

subcontractor
O
• provision of assistance to the Contract Administrator in dealing with extensions of time and
Contractor’s claims
C
• services on behalf of the Client in connection with any dispute between the Client and another
party
R
• services following damage to, or destruction of, a building in construction or existing buildings
FO
• services following suspension or termination of any contract or agreement, or the insolvency of

any other party providing services to the Project
• value engineering post tender.

FO
R
C
O
N
SU
LT
AT
IO
N
PU
RP
O
SE
S
O
N
LY
FO
R
C
O
N
SU
LT
AT
IO
N
PU
RP
O
SE
S
O
N
LY

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Standard

Royal Institute of British Architects

– informing the Architect/Consultant of the Project

– making decisions and giving approvals as necessary for the

Appointments required to perform work or services under

Architect/Consultant’s Rights and

• The RIBA Standard Professional Services Contract provides

nature and complexity to the Project

performance of the Services and, upon becoming aware, of

Programme, Construction Cost or quality of the Project, and

earlier. individuals or organisations) or services appointments to be

Simple contract: • Items F, G, H and I – Basic Fee, Time Charges, Expenses

Construction Cost, a fixed lump sum, time charges, design

cost per square metre (gross or net) or any other agreed

– the arrangements for charging for expenses and

should incorporate the following wording:

losing Party. performed by the Architect/Consultant and maps the Services

multiparty disputes. subconsultants employed directly by the Architect/

included in the Schedule of Services.

nomination or appointment to be made by the Royal Institute additional fees.

listed as these services will be commissioned as a separate

the Client’s requirements and the Services that the Architect/

Royal Incorporation of Royal Society of Architects Royal Society of Chartered Institute of

© Royal Institute of British Architects 2020

Published by RIBA Publishing, 66 Portland Place, London, W1B 1NT

ISBN 978 1 85946 974 3

Has the target Project Programme been agreed?

Have any Other Client Appointments been agreed?

Schedules been determined and the intended beneficiaries agreed?

Has the Schedule of Services been completed and agreed?

Have all the Contract Details been completed?

2 © Royal Institute of British Architects 2020

Signed/Executed as a: simple contract deed

For and on behalf of the Client (complete as appropriate):

Client is not a registered company/LLP

Client’s signature witnessed by:

© Royal Institute of British Architects 2020 3

Client is a registered company/LLP

Client’s signature witnessed by:

Second signatory (Director/Company Secretary/Partner/Member) – optional:

For and on behalf of the Architect/Consultant (complete as appropriate):

Architect/Consultant is not a registered company/LLP

Architect/Consultant’s signature witnessed by:

4 © Royal Institute of British Architects 2020

Architect/Consultant is a registered company/LLP

Second signatory (Director/Company Secretary/Partner/Member) – optional:

This Agreement is dated and delivered on:

© Royal Institute of British Architects 2020 5

the Client for all purposes under the Contract):

6 © Royal Institute of British Architects 2020

of the Architect/Consultant for all purposes under the Contract):

© Royal Institute of British Architects 2020 7

Document Reference number Date

Continue on a separate sheet if necessary.

Item Target date

Continue on a separate sheet if necessary.

8 © Royal Institute of British Architects 2020

E. Other Client Appointments

Stage Notes Fee

asbestos, with an aggregate limit of £

cladding or fire-related issues,3 with an aggregate limit of £

with an aggregate limit of £

Drawings and documents produced by the Architect/Consultant shall be provided to the

Information, drawings and documents produced by the Architect/Consultant shall be

Collateral Warranty in favour of any first purchaser of a non-residential leasehold interest

4. Assignment, Subcontracting, Other Client Appointments,