Naish Waddington Standard terms and conditions
DEFINITIONS
The Agreement
The term Agreement shall refer to the fee agreement and include these terms and conditions.
Architects
The term Architect shall be deemed also to include Interior Designer as applicable.
Brief
At inception of the project, the Client's initial statement of requirements. This may be revised and agreed between parties as the project develops and may be inferred from any drawings prepared by the Architect and agreed with the Client.
CDM Regulations
The Construction (Design and Management) Regulations 1994 as amended or re-enacted. (not applicable in Jersey).
- Construction / Project Cost
- The cost as certified by the Architect of all Works including site works executed under the Architect’s direction and control, subject to the following;
- The Total Construction / Project Cost shall include;
- - the cost of all works designed by consultants and co-ordinated by the Architect irrespective of whether such work is carried out under separate building contracts for which the Architect may not be responsible. The Architect shall be informed of the cost of any such contract: - the actual or estimated cost of any work executed which is excluded from the contract and which is otherwise designed by the Architect:
- - the cost of built-in furniture and equipment. Where the cost of any special equipment is excluded from the Total Construction Cost the Architect may charge additionally for work in connection with such items;
- - the cost estimated by the Architect of any material, labour or carriage supplied by a Client who is not the contractor.
- The Total Construction / Project Cost shall exclude:
- the design fees of any Specialists for work on which otherwise consultants would have been employed. Where such fees are not known the Architect will estimate a reduction from the Total Construction / Project Cost.
- Value added tax (VAT); Goods and Services Tax (GST)
- fees;
- any loss and/or expense payments paid to a contractor nor should it be adjusted for liquidated damages deducted by the Client;
- the costs of resolution of any dispute;
- the Client's legal and in-house expenses.
- Where the Client is the contractor, a statement of the ascertained gross cost of the works may be used in calculating the Total Construction/Project Cost of the Works. In the absence of such a statement the Architect’s own estimate shall be used. In both a statement of the ascertained gross cost and an Architect’s estimate fee shall be included an allowance for the contractor’s profit and overheads.
Consultant
A person, company or firm appointed by the Client to perform professional services in connection with the Project.
Lead Consultant
The person, company or firm identified as Lead Consultant in the Agreement.
Services
The Services to be performed by the Architect as specified in the Agreement as may be varied by the Client in accordance with this Agreement.
Site Inspectors
Clerks of Works or others appointed by the Client to perform inspection services in connection with the construction of the Project.
Timetable
The period of time that the Client and Architect agree as reasonable to allow for the completion of the Services.
Third party agreement
An agreement between the Architect and a third party existing in parallel with the Agreement between the Architect and the Client. This may include collateral warranties.
GENERAL
Interpretation
1.1 The headings and notes to these Conditions are for convenience only and do not affect the interpretation of the Conditions
- Words denoting natural persons include corporations and firms and shall be construed interchangeably in that manner.
Applicable law
1.3 The law applicable to this Agreement shall be the law of the Island of Jersey unless stated otherwise in the Memorandum of Agreement.
Communications
1.4 Communications, between the Client and the Architect, including any notice or other document required under the Agreement, shall be in writing, including email, and given or served by any effective means. Communications that are not in writing shall be of no effect unless and until confirmed in writing by the sender or the other party. Communications shall take effect when received at an agreed address of the recipient. Communications sent by special delivery or recorded delivery shall be deemed (subject to proof to the contrary) to have arrived at the address to which they are posted on the second working day after posting.
Public holidays
1.5 Where under this Agreement an action is required within a specific period of days, that period shall include Saturdays and Sundays but shall exclude any day that is a public holiday.
Trust & co-operation
1.6 The Client and the Architect shall be expected to work together in a spirit of mutual trust and co-operation. In relation to the Services, either party shall advise the other upon becoming aware of:
.1 a need to vary the Services, the Timetable and/or the fees and/or any other part of the Agreement;
.2 any incompatibility in or between any of the Client's requirements in the Brief; or between the Brief, any Client's instruction, the Construction Cost, the timetable and/or the approved design; or any need to vary any part of them;
.3 any information or decisions required from the Client or others in connection with performance of the Services;
.4 a need to appoint Consultants or other persons, other than those named in Schedule 4, to design or carry out any part of the works or provide specialist advice or additional inspection services in connection with the Project; and the parties shall agree how to deal with the matter.
CDM Regulations
1.7 The Client and the Architect shall comply with their respective obligations under the CDM Regulations, as applicable, and in any conflict between the obligations and this Agreement the former shall take precedence.
- Obligations and authority of the Architect
Duty of care
2.1 The Architect, in performing the Services and discharging all the obligations under this clause 2 of these Conditions, shall exercise reasonable skill and care in conformity with the normal standards of the Architect's profession.
Architect's authority
2.2 The Architect shall act on behalf of the Client in the matters set out or necessarily implied in the Agreement or in project procedures agreed with the Client from time to time.
Reports
2.3 The Architect shall keep the Client informed of progress in the performance of the Services and of any issue that may affect the Timetable for or the cost or quality of the Project.
Limitation of warranty
2.4 The Architect does not warrant:
.1 that the Services will be completed in accordance with the Timetable or the budget cost for construction work;
.2 that planning permission and other approvals from third parties will be granted;
.3 the performance, work or products of others;
.4 the solvency of any other appointed person whether or not such appointment was made on the advice of the Architect.
No alteration to services or design
2.5 The Architect shall not make or cause to be made any material alteration to or addition to or omission from the Services or the approved design without the knowledge and consent of the Client, which consent shall be confirmed in writing by the Architect. In an emergency the Architect may make or cause to be made such alteration, addition or omission without the knowledge and consent of the Client but shall inform the Client without delay and subsequently confirm such action in writing.
3 Obligations and authority of the Client
Information, decisions, approvals and instructions;
3.1 The Client shall supply, free of charge, accurate information as necessary for the proper and timely performance of the Services and where applicable to comply with the CDM Regulations and the Architect shall be entitled to rely on such information.
3.2 The Client, when requested by the Architect, shall give decisions and approvals as necessary for the proper and timely performance of the Services.
3.3 The Client shall advise the Architect of the relative priorities of the Brief, the Construction Cost and the Timetable.
- The Client shall have authority to issue instructions to the Architect, subject to the Architect's right of reasonable objection
Statutory & other consents required
- The Client shall instruct the making of applications for consents under planning legislation, building acts, regulations or other statutory requirements and by freeholders and others having an interest in the Project. The Client shall pay any statutory charges and any fees, expenses and disbursements in respect of such applications.
3.6 The Client shall not hold the Architect responsible for the outcome of any planning decisions made by the authorities.
3.7 The Client shall not require the Architect to enter into any Collateral Agreement with a third party which imposes greater obligations or liabilities on the Architect than does the Appointment.
Appointment and payment of others
3.8 Where it is agreed that Consultants or other persons are to be appointed, the Client shall appoint and pay them under separate agreements and shall confirm in writing to the Architect the services to be performed by such persons so appointed.
3.9 The Client shall employ a contractor under a separate agreement to undertake construction or other works relating to the Project.
3.10 The Client shall hold the contractor and not the Architect responsible for the contractor’s management and operational methods and for the proper carrying out and completion of the Works and for health and safety provisions on the Site.
3.11 The Client shall hold the contractor and not the Architect responsible for the proper installation and incorporation of all products and materials into the Works.
3.12 The Client shall, where the Architect consents to enter into a Collateral Agreement with a third party in respect of the Project, procure that the contractor is equally bound by reference to its contractual obligations to the Client.
3.13 The Client shall only issue instructions to the contractor through the Architect, and the Client shall not hold the Architect responsible for any instructions issued other than through the Architect.
Site Inspectors
3.14 Where it is agreed that Site Inspectors are to be appointed, the Client shall appoint and pay them under separate agreements and shall confirm in writing to the Architect the services to be performed, their disciplines and the expected duration of their employment.
Responsibilities of others
3.15 The Client, in respect of any work or services in connection with the Project performed or to be performed by any person other than the Architect, shall:
1 hold such person responsible for the competence and performance of the services and for visits to the site In connection with the work undertaken by such person;
2 require such person to co-operate with the Architect and provide to the Architect all drawings and information reasonably needed for the proper and timely performance of the Services;
3 require such person, when requested by the Architect, to consider and comment on work of the Architect in relation to the work of such person so that the Architect may consider making any necessary change to the Architect's work.
- The Client shall hold the Main Contractor and/or other contractors appointed to undertake construction works, and not the Architect responsible for the management and operational methods necessary for the proper carrying out and completion of the construction works in compliance with the building contract and for health and safety provisions on the Site.
Site signboards
- The Client shall allow the Architect to display standard sized RIBA professional signboards on the site in appropriate locations for the duration of works on site. On larger sites the display of purpose made publicity banners may also be requested following discussion between Architect/Client and permission shall not be unreasonably withheld.
Legal advice
3.18 The Client shall procure such legal advice and provide such information and evidence as required for the resolution of any dispute between the Client and any other parties providing services in connection with the Project.
4 Assignment and sub-contracting
Assignment
- Neither the Architect nor the Client shall assign the whole or any part of the Agreement without the consent of the other in writing.
Sub-contracting
- The Architect shall not sub-contract performance of any part of the Services without the consent of the Client, which consent shall not be unreasonably withheld. The Architect shall confirm such consent in writing.
Consultants and Specialists
Consultants
5.1 The Architect shall identify professional services which require
the appointment of consultants. Such consultants may be nominated at any time by either the Client or the Architect subject to acceptance by each party.
Appointment
5.2 The Client shall appoint and pay the nominated consultants.
5.3 The consultants to be appointed at the date of the Appointment and the services to be provided by them shall be confirmed in writing by the Architect to the Client.
Collateral Agreements
5.4 The Client shall, where the Architect consents to enter into a Collateral Agreement with a third party in respect of the Project, procure that all consultants are equally bound by reference to their contractual obligations to the Client or their employers.
Lead Consultant
5.5 The Client shall appoint and give authority to the Architect as Lead Consultant in relation to all consultants however employed. The Architect shall be the medium of communication an instruction between the Client and the consultants, co-ordinate and integrate into the overall design and services of the consultants, and require reports from the consultants.
5.6 The Client shall procure that the provisions of the above are incorporated into the conditions of appointment of all consultants however employed and shall provide a copy of such conditions of appointment to the Architect.
Responsibilities of consultants
5.7 The Client shall hold each consultant however appointed and not the Architect responsible for the competence and performance of the services to be performed by the consultant and for the general inspection of the execution of the work designed by the consultant.
Responsibilities of Architect
5.8 Nothing in this Part shall affect any responsibility of the Architect for issuing instructions under the building contract or for other functions ascribed to the Architect under the building contract in relation to work designed by a consultant.
Specialists
5.9 A Specialist who is to be employed directly by the Client or indirectly through the contractor to design any part of the Works may be nominated by either the Architect or the Client subject to acceptance by each party.
Appointment
5.10 The Specialists to be appointed at the date of the Appointment and the services to be provided by them shall be those confirmed in writing by the Architect to the Client.
Collateral Agreements
5.11 The Client shall, where the Architect consents to enter into a Collateral Agreement with a third party in respect of the Project, procure that all Specialists are equally bound by reference to their contractual obligations to their employers.
Co-ordination and Integration
5.12 The Client shall give the authority to the Architect to co-ordinate and integrate the services of all Specialists into the overall design and the Architect shall be responsible for such co-ordination and integration.
Responsibilities of Specialists
5.13 The Client shall not hold the Architect responsible for the products and materials supplied by any Specialist, nor for the competence, proper execution and performance of the Services entrusted to any Specialist.
5 6 Payment
Fees for performance of the Services
6.1 The fees for performance of the Services, including any additional or other services, shall be calculated and charged as set out in the Agreement. The Basic Fee, including any anticipated visits to construction works, shall be:
.1 percentage of the Construction Cost calculated and/or
.2 lump sums and/or
.3 time charges and/or
.4 other agreed method.
Percentage fees
6.2 Where this clause applies, the percentage or percentages as stated in the agreement shall be applied to the Construction Cost. Interim fee calculations shall be based on the current Construction Cost. The final fee shall be calculated on the ascertained final Construction Cost.
NB: Construction cost may vary from contract cost if direct payments have been made for items supplied outside the contract.
Lump sums
6.3 Where this clause applies, the fee or fees shall be the fixed lump sum or sums stated in the Agreement, which shall be adjusted if changes are made to the Brief and/or the Construction Cost and/or the Timetable.
Time charges
6.4 A time-based fee shall be ascertained by multiplying the time reasonably spent in the performance of the Services by the relevant hourly rate set out in the Agreement. Time 'reasonably spent' shall include the time spent in connection with performance of the Services in traveling from and returning to the Architect's office. Timecharge rates are reviewed annually and will become effective upon issue.
Extra Fees
6.5 .1 Extra Fees, calculated on a time basis unless otherwise agreed, shall be payable to the Architect, if:
- the Architect is involved in extra work or incurs extra expense for reasons beyond the control of the Architect. Reasons for such entitlement include, but shall not be limited to
- the Architect being required to vary any item of work commenced or completed pursuant to the Agreement and/or performance of the Services being delayed, disrupted or prolonged;
- Work in connection with redesign of a scheme or parts of a scheme, previously agreed with the Client, following requests from the planning and/or other statutory authorities;
- the examination or negotiation of notices;
- applications or claims under a building contract;
- delay or any other reason beyond the Architect’s control;
(b) the costs of any work, installation or equipment are omitted from the Construction Cost.
.2 If the Architect consents to enter into any third party agreement the form or beneficiary of which had not been agreed by the Architect at the date of the Agreement, the Architect shall be entitled to payment of the Architect's reasonable costs of assuming such additional liability, including but not limited to legal advice and obtaining any additional professional indemnity insurance required.
The Architect shall inform the Client on becoming aware that this clause will apply. This clause shall not apply where the extra work or expense to which it refers is due to a breach of the Agreement by the Architect.
Services not completed
6.6 Where for any reason the Architect provides only part of the Services specified in the Agreement, the Architect shall be entitled to fees calculated as follows:
.1 for completed Services, as described for those Services in the Agreement;
.2 for completed stages, as apportioned for those stages in the Agreement;
.3 for Services or stages not completed a fee proportionate to that
described or apportioned in the Agreement based on the Architect's estimate of the percentage of completion.
Expenses and Disbursements
6.7 The Client shall reimburse the Architect for specified expenses in the manner stated in the Agreement. Expenses other than those specified and incurred with the prior authorisation of the Client and any disbursements made on the Client's behalf shall be reimbursed at net cost plus any handling charge stated in the Agreement. Rates are reviewed annually and will become effective upon issue.
Maintain records
6.8 The Architect shall maintain basic records of time spent on Services performed on a time basis and of any Expenses and Disbursements to be reimbursed at net cost and shall make these available to the Client on reasonable request.
Payment
6.9 Payments under the Agreement shall become due to the Architect on issue of the Architect's accounts. The final date for such payments by the Client shall be 21 days from the date of issue of an account.
The Architect's accounts shall be issued at intervals of not less than one month and shall include any additional fees, expenses or disbursements and state the basis of calculation of the amounts due.
Installments of fees shall be calculated on the basis of the Architect's estimate of the percentage of completion of the stages or other Services or such other method as is specified in the Agreement.
6.10 All rights of set-off at common law or in equity are hereby expressly excluded.
Payment notices
6.11 A written notice from the Client to the Architect:
.1 may be given within 5 days of the date of issue of an account specifying the amount the Client proposes to pay and the basis of calculation of that amount; and/or
.2 shall be given, not later than 5 days before the final date for payment of any amount due to the Architect, if the Client intends to withhold payment of any part of that amount stating the amount proposed to be withheld and the ground for doing so or, if there is more than one ground, each ground and the amount attributable to it. If no such notices are given the amount due shall be the amount stated as due in the account. The Client shall not delay payment of any undisputed part of an account.
Late payment
6.12 Any sums due and remaining unpaid at the expiry of 21 days after the date of issue of an account from the Architect shall bear interest in accordance with the provisions of this appointment, at 2% per month from the date of issue of the account. An administration charge will also be added.
6.13 For the avoidance of doubt the Architect's entitlement to interest at the specified rate and costs shall also apply in respect of any amounts that are awarded to the Architect in adjudication, arbitration or legal proceedings.
Recovery of costs
6.14 The Client shall indemnify the Architect in respect of all costs reasonably incurred by the Architect (including costs of the Architect's time) in recovering any amounts not paid when due and/or interest arising; or in relation to any claim or any part of any claim made by the Client which the Architect successfully defends or the Client abandons.
Payment on suspension or determination
6.15 If the performance of the Services is suspended or determined, the Architect shall issue an account or accounts in accordance with the Agreement for, and shall be entitled to payment of:
.1 any part of the fee or other amounts due at the date of suspension or determination; and
.2 any loss and/or damage caused to the Architect by the suspension and any resumption or the determination together with any license fee due if the notice of suspension or determination is given:
- by the Client, except where the suspension or determination arises from a material breach of the Agreement by the Architect; or
- by the Architect because of a breach of the Agreement by the Client.
VAT
6.16 Fees and expenses arising under the Agreement do not include value added tax. The Client shall pay any value added tax chargeable on the net value of the Architect's fees and expenses.
GST
6.17 Fees and expenses arising under the agreement do not include GST. The Client shall pay any goods and services tax chargeable on the net value of the Architect's fees and expenses.
7 Copyright and use of information
Copyright
7.1 The Architect owns the copyright in the work produced in the performance of the Services and generally asserts the Architect's moral rights and all other rights to be identified as the author of the artistic work/work of architecture comprising the Project.
Use of information
7.2 The Client shall have a license to copy and use and allow other Consultants and contractors providing services to the Project to use and copy drawings, documents and bespoke software produced by the Architect in performing the Services, hereinafter called 'the Material', but only for purposes related to the Project on the Site or part of the Site to which the design relates.
Such purposes shall include operation, maintenance, repair, reinstatement, alteration, extending, promotion, leasing and/or sale of the Project but shall exclude the reproduction of the Architect's design for any part of any extension of the Project and/or for any other project, unless a license fee in respect of any identified part of the Architect's design is stated in the Agreement.
Provided that:
.1 the Architect shall not be liable if the Material is modified other than by or with the consent of the Architect, or used for any purpose other than that for which it was prepared, or used for any unauthorised purpose;
.2 if it is intended to make any permitted use after the date of the last Service performed under the Agreement and prior to practical completion of the construction of the Project, the Client shall:
(a) obtain the Architect's confirmation of the degree of completion of the Material; and
(b) pay to the Architect any license fee specified in the Agreement or a reasonable license fee;
.3 in the event of the Client being in default of payment of any fees or other amounts due, the Architect may suspend further use of the license on giving 7 days' notice of the intention of doing so. Use of the license may be resumed on receipt of outstanding amounts;
.4 the Client shall obtain or ensure that any third party shall obtain any necessary license and pay any fees arising for access to any software used to produce any of the Material.
7.3 The Architect shall have the right to reproduce photographs and descriptive text of the Project in their practice brochures, Website, newspapers, magazines, competition entries and other presentation material.
7.4 Neither the Client nor the Architect shall disclose to any other person information identified in writing as confidential unless reasonably necessary:
.1 for performance of the Services; or
.2 in order to take professional advice in relation to the Agreement or the Services; or
.3 in order to obtain/maintain insurance cover as required by the Agreement, or
.4 because of disputes arising out of or in connection with the Agreement; or
.5 as required by law.
7.5 The Architect shall not be required or be under any duty to release or disclose any information on their files that it may have or be deemed to have about any matter if the Architect believes this to be not in their best interests.
8 Liabilities and insurance
Time limit for action or proceedings
8.1 No action or proceedings arising out of or in connection with this Agreement whether in contract, tort, statutory duty or otherwise shall be commenced after the expiry of the period stated in the Agreement from the date of the last Services performed under the Agreement or, if earlier, the date of practical completion of the construction of the Project.
Limit of liability
8.2 In any such action or proceedings the Architect's liability for loss or damage in respect of anyone occurrence or series of occurrences arising out of anyone event shall be limited to the sum stated in the Agreement or the net contribution in accordance with the net contribution clause whichever is the lesser sum.
Net contribution
8.3 The net contribution shall be such sum as it is just and equitable for the Architect to pay having regard to the extent of the Architect's responsibility for the loss and/or damage in question when compared with the responsibilities of all other consultants, contractors, sub-contractors, and other persons providing services for the Project for that loss and/or damage. Such sum to be assessed on the assumptions that:
.1 such persons have provided to the Client contractual undertakings on terms in respect of liability for such loss and/or damage no less onerous than those of the Architect under the Agreement;
.2 there are no exclusions of or limitations of liability nor joint insurance or co-insurance provisions between the Client and any other party referred to in this clause, and
.3 such persons 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.
Professional indemnity insurance
8.4 .1 The Architect shall obtain professional indemnity insurance for not less than the amount stated in the Agreement for any one occurrence or series of occurrences arising out of anyone event.
The Architect shall maintain such insurance until at least the expiry of the period stated in the Agreement from the date of the last Services performed under the Agreement or (if earlier) practical completion of the construction of the Project provided such insurance is available at commercially reasonable rates and generally available in the insurance market to the Architect. The Architect, when reasonably requested by the Client, shall produce for inspection documentary evidence that the professional indemnity insurance required under the Agreement has been obtained and/or is being maintained.
.2 The Architect shall inform the Client if such insurance
(a) is or becomes unavailable for any aspect of the Project specified by the insurer including, but not limited to, any material, such as asbestos or any event such as an act of terrorism; or
(b) ceases to be available at commercially reasonable rates in order that the Architect and Client can discuss the best means of protecting their respective positions in respect of the Project in the absence of such insurance.
.3 No liability shall attach to the Architect in respect of services except such liability as is covered by the Architect’s professional indemnity insurance.
.4 No liability shall attach to the Architect either in contract or in tort for loss, injury or damage sustained as a result of the act, omission or insolvency of any person other than the Architect and the Architect shall not be liable to indemnify the Employer in respect of any claim made against the Employer for any such loss, injury or damage.
Third Party Agreements
8.5 Where the Client has notified, prior to the signing of this Agreement, that the Architect will be required to enter into an agreement with a third party or third parties and the terms of which and the names or categories of other parties who will sign similar agreements are set out in an annex to this Agreement, then the Architect shall enter into such an agreement or agreements within a reasonable period of being requested to do so by the Client, providing that all fees and other amounts due have been paid.
Rights of third parties
8.6 For the avoidance of doubt nothing in this Agreement shall confer or purport to confer on any third party other than lawful assignees any benefit or the right to enforce any term of this Agreement.
9 Suspension and determination
Suspension
9.1 The Client may suspend the performance of any or all of the Services by giving at least 7 days' notice to the Architect. The notice shall specify the Services affected.
9.2 The Architect may suspend performance of the Services and the obligations under the Agreement on giving at least 7 days' notice to the Client of the intention and the grounds for doing so in the event that the Client:
.1 is in default of payment of any fees or other amounts due; or
.2 fails to comply with the requirements under the CDM Regulations.
When the reason for the suspension is removed or resolved the Architect may resume performance of the Services and obligations.
9.3 If any period of suspension arising from a valid notice given above, exceeds 6 months the Architect shall request the Client to issue instructions to proceed with the suspended Service or Services and give notice that if written instructions have not been received within 30 days of the date of such request the Architect shall have the right to treat performance of any Service or obligations affected as determined.
9.4 Any period of suspension arising from a valid notice given shall be disregarded in computing any contractual date for completion of the Services.
Determination
9.5 The Client or the Architect may by giving reasonable notice in writing to the other determine performance of any or all of the Services and the Architect's obligations under the Agreement, stating the grounds for doing so and the Services and obligations affected.
9.6 Performance of the Services and the Architect's obligations of these Conditions may be determined immediately by notice from either party if:
.1 the Client or the Architect becomes insolvent, which term shall have the meanings set out in section 113 (2-5) of the Housing
Grants, Construction and Regeneration Act 1996, or declared en-desastre under Jersey law.
.2 the Architect becomes unable to provide the Services through death or incapacity.
9.7 On determination of performance of the services or the Architect’s obligations under the Agreement a copy of the Material referred to in ‘use of information’ clause above, shall be delivered on demand to the Client by the Architect, subject to the terms of the license and payment of the Architect's reasonable copying charges.
9.8 Determination of the performance of the Services or the Architect's obligations shall be without prejudice to the accrued rights and remedies of either party.
10 Dispute resolution [1]
Negotiation or mediation
10.1 In the event of any dispute or difference arising under the Agreement, the Client and the Architect may attempt to settle such dispute or difference by negotiation or by using the RIBA or RIAS Mediation Services.
10.2 .1 Any dispute or difference in connection with the enforcement of a decision of an adjudicator shall be referred to the courts.
.2 The provisions for arbitration hereunder shall not apply to a dispute or difference in connection with the enforcement of any decision of an adjudicator.
Arbitration:
10.3 Where either the Client or the Architect requires any dispute or difference to be referred to arbitration, the requiring party shall give notice to the other to such effect and the dispute or difference shall be referred to the arbitration and final decision of a person to be agreed between the parties or, failing agreement within 14 days of the date on which the notice is served, a person appointed by the appointer identified in the Agreement on the application of either the Client or the Architect.
Hourly Timecharges and Disbursements
Director £95.00
Associate / Architect / Interior Designer / Senior Technician £65.00 - £80.00
Architectural Technician (dependant upon experience) £25.00 - £65.00
Disbursements
Computer Originals A0 £5.00 each
A1 £4.00 each
Prints Black & White A0 £2.00
A1 £1.00
Photocopies A3 £0.30 each
A4 £0.20 each
Faxes £0.25 per page sent
Travel
£3.00 per trip
Photographs Cost plus 10%
Foamboards A1 £4.00+10%
A2 £2.00+10%
A3 £1.00+10%
Please Note:
Time charge Rates and Disbursements may be subject to increase annually in June. Goods and Services Tax (GST) is not included in our fee proposal |