Terms And Conditions

1.0 CARE OBSERVATION

1.1 The Consultant shall use reasonable skill and care consistent with the generally accepted standards of our profession in executing the Services outlined in the Client Agreement and fulfilling all of our duties.

2.0 FEES

2.1 The Client is responsible for paying the Consultant the fees and costs specified in the Client Agreement.

2.2 Unless otherwise agreed, bills will be provided monthly or, if necessary, an instalment plan will be established. Instalments may not always correspond to the development of our work, and in such situations, payment shall be made in accordance with Clause 9.0 thereunder.

2.3 Payment is due within 21 days of the invoice date, and the Consultant maintains the right to terminate work on the project if fees are not paid on time.

2.4 Interest is payable on all unpaid balances at the statutory interest rate in effect on the payment due date, plus 8% over the Bank of England base rate. Interest is charged daily beginning on the due date for payment and continuing until cleared monies are received.

2.5 The Consultant retains the right to terminate services in the event of contract breach or non-payment of fees.

3.0 EXPENSES

3.1 Out-of-pocket expenditures include lodging and travel costs inside the United Kingdom, but do not cover postal, telephone, internet, and fax rates, as well as many small goods that are included in our price.

3.2 Additional expenses to be charged include the following:

3.2.1 Drawings and papers required by agents, funds, or other interested parties in the development.

3.2.2 Photographs and sketches in colour. (A1 paper prints are £8.00, emailed pdf drawings are £3.00, and A3 paper prints are £2.50).

3.2.3 Physical representations.

3.2.4 Surveys of the site, structural examinations, and load testing (unless otherwise agreed).

3.2.5 Fees for non-covered specialised professional advice under the Client Agreement.

3.2.6 All expenditures associated with the recruitment and compensation of resident site workers.

3.2.7 Special reports and images for promotional purposes or to document development.

3.2.8 Specifications, drawings, and brochures for leasing.

3.2.9 Fees for planning and building control applications.

3.2.10 Courier fees.

4.0 CHANGE MANAGEMENT

4.1 If a modification in the agreed scope of work occurs, the Consultant will identify and notify the client using a Change Notification Form, including any price or schedule consequences. Before the Consultant proceeds with any adjustments, the Client must agree to any Change Notification Forms produced.

4.2 Hourly Rates – Hourly rates include both direct and indirect overhead costs that are spread among all technical workers.

5.0 CLIENT-SPECIFIC INSTRUCTIONS

5.1 While the Consultant is responsible for assisting the Client, the success of the project is highly dependent on the Client providing instructions and approvals when necessary to meet the project’s schedule. As such, the Client shall furnish the Consultant with all information and make all choices necessary for the Consultant to perform the agreed service properly.

5.2. In line with article 5.1, additional costs may be applied for additional work resulting from changes or delays in Client instructions.

5.3 The Consultant cannot be held liable for the installation of utilities or services, or for the upgrading of a service in the case of increasing loading requirements. The Client is responsible for ensuring that the essential services can be offered to the site by their selected service providers.

6.0 COPYRIGHT

6.1 The Consultant retains ownership of all intellectual property rights, including copyright, in the original work created in the execution of the Service, and the Consultant typically asserts the moral right to be acknowledged as the creator of such work. The Client, however, shall be permitted to utilise such papers and drawings on a non-exclusive basis and subject to the Consultant receiving payment of a licencing fee.

6.2 The Consultant shall not be accountable for the consequences of using the Consultant’s information or designs for purposes other than those for which they were created.

6.3 Photography – Prior to publishing any other information connected to the Project, the Consultant shall acquire the Client’s approval, such consent shall not be unreasonably denied or delayed, unless it is reasonably essential for the execution of the Services.

7.0 CLIENT FEEDBACK/POSITIVE EVALUATION AFTER OCCUPANCY

7.1 As a practise, we are constantly striving to improve our service and approach, and as such, with the Client’s approval, we may solicit feedback at critical project phases, including post-occupancy assessments following completion.

8.0 ASSIGNMENTS

8.1 Neither the Client nor the Consultant may assign the benefit of this agreement or any rights arising under it without the other’s prior written approval, such consent shall not be withheld or delayed in an unreasonable manner.

9.0 SUSPENSION AND DISCONTINUATION

9.1 If our appointment is suspended, the Consultant is entitled to remuneration for any work completed during the suspension period.

9.2 During such a suspension period, the Consultant must be compensated for all necessary expenditures and disbursements incurred in connection with this appointment.

9.3 If a suspended service is resumed within six months of suspension, earlier payments will be treated simply as payments on account toward the entire amount. The Consultant may regard as terminated any Appointment in which the service is halted for a period of six months or longer, in which case the rules of 9.4 below shall apply.

9.4 Should the Consultant’s appointment with you be cancelled at any moment throughout the project for the following reasons:

  • Dispose of your interest in the site or project.
  • Continue development without our involvement as consultant designers.
  • For whatever reason, abandon the development
  • Appointment may be terminated for any cause.
  • The Consultant’s fee owed at the time of termination must therefore be computed as follows:
  • As a pro rata share of an agreed-upon fixed price
  • on a time-and-materials basis at the agreed-upon hourly rates; or
  • If no rates have been agreed upon, such money shall be recovered as a debt at the Consultant’s hourly rates in effect at the time.

9.5 The Consultant’s appointment with you may be cancelled by the Consultant at any time throughout the project for any reason.

9.6 In the case of termination, the Consultant’s documentation and drawings shall be subject to the provisions of Clause 6.0 above.

10.0 FINANCIAL RESPONSIBILITIES AND INSURANCE

10.1 Limitation of responsibility – in connection with any such action or proceeding:

  • The Consultant’s responsibility for loss or damage must not exceed the amount indicated in the Project’s professional indemnity insurance, provided that the Consultant has notified the insurers of the relevant claim or claims in accordance with the terms of such insurance.
  • No employee of the Consultant, including any officer or director of a corporation or limited liability partnership, nor any agent of the Consultant, shall be personally responsible to the Client for any negligence, default, or other liability arising out of the execution of the Services.

10.2 Net contribution – Without limiting the provisions of clause 10.1, the Consultant’s liability shall not exceed the amount that is just and equitable for the Consultant to pay in light of the extent to which the Consultant is responsible for the loss and/or damage in question and on the assumption that:

  • All other consultants, contractors, and other parties engaged in the project have entered into contractual obligations with the Client on conditions that are no less onerous than those imposed on the Consultant by this Agreement;
  • Each of the parties referred to in this section has paid to the Client such sums as are appropriate and equitable in light of their level of culpability for the loss and/or damage.

11.0 THIRD PARTY RIGHTS

11.1 Nothing in this appointment applies or is intending to confer any right of enforcement on any person who is not a party to it, save legitimate assignees.

12.0 ACCEPTANCE OF CLIENTS

12.1 Before the Consultant may begin work, the Client must affirm approval of this price agreement. Confirmation may be sent by email or regular mail.