1. Scope of work

Architectural Services shall agree in a brief (see appendix) with the client the terms upon which the service is to be provided, and at the time of agreeing to accept the commission which is detailed in the Client Brief. The agreement for services shall incorporate the following provisions, (unless in specific circumstances, the nature of the commission clearly renders them inappropriate) and is the basis of the contract between the parties.

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2. Service Deliverables

2.1. Architectural Services carries out the following works;

1. 2.1.1.  Surveys, drawings and submissions for planning applications; surveys, drawings and documentation for building regulations applications, Structural Engineers calculations for building regulations submissions, other specialist reports and 3D visuals.

2. 2.1.2.  Submission of planning applications, building regulation documentation and other specialist reports to an appropriate local council.

3. 2.1.3.  Ongoing communication with local councils to achieve a decision.

2.2. All documentation will be provided electronically in .pdf format to the client. Up to 6 paper copies will be provided on request. Paper copies will include multiple A3 documents to provide all aspects of plans and associated reports.

 

3. Approach

3.1. Role of Architectural Services

Architectural Services shall have the Client’s authority before proceeding with the scope of work or part thereof and having received that authority, shall be deemed to have express permission to provide as agent for the client, all service deliverables necessary for the proper performance of that scope. Authority and agreement will have been deemed to be given by the client and acceptance of the online quotation, terms and conditions and agreement of the Client Brief by making payment of the initial deposit to Architectural Services

3.2. Responsibility of the Client

Payment of the initial deposit shall confirm that the customer has accepted the full Terms and Conditions of Architectural Services.

3.3. Responsibility of Architectural Services

1. 3.3.1.  It is the responsibility of Architectural Services to supply the service deliverable and where it is considered that other consultants (structural engineers for example) are required to undertake part of the design work, Architectural Services shall advise the client of the need, and Architectural Services shall appoint such consultants whose fees will be separate from, and additional to, those charged by Architectural Services. On the initial client quotation estimates are given of those services that are known at the time and these may vary in terms of cost due to a required variation in design. Structural engineer’s fees at the point of quotation are a best estimate.

2. 3.3.2.  Architectural Services shall co-ordinate the design work of the other consultants (structural engineers, arboriculturist and other specialist consultants) and integrate this into the overall design for which Architectural Services is responsible within the Client Brief.

3.3.3. No guarantee will be given by Architectural Services that the works will receive the necessary statutory approvals. It is not within the authority of Architectural Services to guarantee planning permission approval. This is down to the design, local and national planning guidelines and the determination of the local planning authority. However, Architectural Services will work on behalf of the client to meet all appropriate requests of the council deemed necessary to comply with planning and building regulation requirements.

 

4. Fees

4.1. Architectural Services’ Fees will be provided in the form of a quotation. The client must pay invoices as follows;

1. 4.1.1.  100% of the measured survey and 50% of the planning application drawings fees on completion of a survey and prior to commencement of drawings and documentation for planning applications and building regulation submissions (the “initial deposit”)

2. 4.1.2.  Remaining 50% of the planning application fees on agreed completion of the drawings and documentation for planning application

3. 4.1.3.  100% of building regulations fees on completion of the building regs drawings and specification

1. 4.2.  Fees shall be paid by the client within 7 days of submission of an invoice. Such invoice will include appropriate and agreed expenses or disbursements incurred by Architectural Services during that period and also to include, as appropriate, VAT at the then current rate.

2. 4.3.  Invoices shall be paid in full as agreed elsewhere. Failure to make payment under this Agreement can result in the immediate termination of this Agreement (see clause 8). Further, Architectural Services reserve the right to charge interest on all outstanding amounts in line with the Late Payment of Commercial Debts (Interest) Act 1998 (UK).

3. 4.4.  All fees required to be paid to statutory bodies will be paid by the client (These include fees to the local councils for planning and building regulations submissions, these fees are normally paid online to the relevant local authority)

4. 4.5.  Additional fees will be charged at an agreed rate, on a time basis where extra work and/or expense is caused by reasons beyond the control of the Architectural Services. These rates are to be agreed at the outset in writing.

5. 4.6.  Expenses and additional fees may include, for example, the cost of printing, reproduction or purchase of all documents, drawings, maps, models, photographs etc.; hotel and travelling expenses; the cost of postage, telephone, facsimile etc. as necessary. All expenses will be agreed in writing with the client.

 

5. Service Levels

Architectural Services will strive to achieve the following service levels;

• Provide the customer with a quotation within 2 working days of the initial meeting (including estimates of

  other costs e.g. Structural Engineer)

• Complete Surveys within 15 working days of the commission

• Provide first draft drawings within 10 working days of completed survey. Provide amendments to draft

  drawings within 5 working days of the requested amendments.

• Submit plans to council within 3 working day of final drawings agreement

  These service levels will be dependent on the workload of Architectural Services at the time of appointment.

 

6. Copyright

1. 6.1.  The Copyright in all drawings, specifications, 3D visuals and documents prepared by Architectural Services, and in the work executed from them, shall remain the property of Architectural Services unless otherwise agreed.

2. 6.2.  Architectural Services will not be liable for the use of the documents by others, for any purpose for which the documents were not intended. The copyright license will not be effective (and all drawings will not be available for customer use) unless all fees and expenses are paid on the due date(s).

3. 6.3.  All drawings, documents and specifications will be supplied by Architectural Services to the client in a paper format and electronic pdf format only.

 

7. Termination or Postponement

An Agreement between Architectural Services and a Client may be postponed or terminated by either party on 14 days written notice; by agreement or in the event of specific circumstances, i.e. material breach or failure to comply with obligations under the agreement which are not remedied within a particular period; and insolvency, bankruptcy etc. of either party. In the event of such circumstances Architectural Services shall be entitled to remuneration to cover preparation time, opportunity lost and loss of profits in accordance with the agreement, for the services provided with due authority to the date of determination.

 

8. Disputes

1. 8.1.  All unresolved disputes or differences under or arising out of the agreement entered into between a Member Architectural Services and a Client shall be referred to either:

2. 8.2.  A single arbitrator in accordance with the Arbitration Acts, or any statutory modification or re- enactment thereof for the time being in force.

   or

3. 8.3.  The Institute’s short arbitration procedure run independently by the Chartered Institute of Arbitrators.

 

9. English Law and Jurisdiction

1. 9.1.  This contract is governed by and construed in accordance with English Law and the parties submit to the exclusive jurisdiction of the English Courts.

2. 9.2.  Architectural Services shall include a company trading as Architectural Services through the medium of a company, whether as a director or employee thereof.

3. 9.3.  Client shall include any person or body who commissions services from Architectural Services.

4. 9.4.  Building Contractor in this document shall include all contractors engaged by the client to construct the works in whole or in part and shall include selected suppliers of products and components.

 

Appendix
10. Client Brief, amendments and changes 10.1. Client brief

This is to establish the clients fixed requirements, following a detailed discussion with the local surveyor for Architectural Services. The Client Brief will include all proposed changes to a property including extensions and design format, so that a detailed representation of the proposed scheme can be produced as a set of plan drawings by Architectural Services.

10.2. Amendments

Architectural Services will provide for 2 amendments to the elevation drawings without any charge to the client as detailed below;

Amendments could include multiples of the following changes within each of the two permitted amendment requests;

• Internal changes consisting of moving walls, windows, door openings, staircases and velux windows

• Creating new rooms, extending existing rooms and sub dividing existing rooms

• Text changes on room descriptions

• Text changes on section for building regulations

  10.3. Changes
  Any of the following changes to the brief as outlined below will incur additional charges;

• Increasing or reducing the size of the extension/ loft conversion from the original agreed brief

• Adding an additional extension

• Adding an additional dormer window

• Changing the roof configuration, pitch or design

• Changing the location of an extension or building

• Adding or removing a balcony or decking