Client / Architect Agreement – Terms and Conditions
We are a RIBA Chartered Practice, and as such we work in accordance with the RIBA Plan of Work stages. We are bound by their code of practice, are registered with the Architects Registration Board, and carry full Professional Indemnity Insurance cover.
1.0 Architect’s Services: Stage by Stage Overview
Stages 1 & 2 Project Inception and Concept Design
To formulate the clients’ brief, in response to their requirements and aspirations.
To provide outline advice regarding the likely building costs, programme, statutory consents and the possible need to engage the services of other consultants.
To arrange measured surveys of the property with a third party, where required.
To prepare design scheme(s) and budget appraisal(s) in response to the brief.
To present the concept design scheme clearly.
Stage 3 Design Development
To develop the design scheme in plan / section / elevation, taking into account client comments and feedback.
To prepare all drawings and documentation in order to obtain the necessary planning approvals from the Local Authority (where relevant).
To monitor the Planning / Permitted Development Application, liaising with the Local Authorities as necessary.
Stage 4 Technical Design
To develop the design scheme technically and structurally, preparing all detailed drawings, specifications, and schedules to enable costing.
To collaborate with any other consultants, such as the Structural Engineer, and integrate the relevant information into the drawings and documentation.
To apply for Building Regulations Approval, where relevant, and liaise with relevant parties regarding the initial ‘Plan Check’ requirements.
To arrange the competitive/negotiated tender. General monitoring of all the costs / tender returns.
To arrange the appointment of the selected building contractor and prepare all contract documentation.
To agree the building works programme.
Stage 5 Construction Phase
To oversee the building works with regular site inspections, meetings, and general coordination with all parties.
To provide the Contractor with additional information as requested.
To prepare and issue Interim Valuations, to facilitate progress payments from the client to the contractor.
To update the client on programme and costs regularly.
Stage 6 Project Completion
To oversee the final stages of the works.
To liaise with all parties regarding the completion and hand-over of the works.
To identify any outstanding works or latent defects and arrange for any or all the remedial works as may be necessary.
To resolve the final contract costs and agree the final contract sum.
Stage 7 (if required)
To monitor performance of a completed project.
To advise on post-contract procedures.
2.0 Roles and Responsibilities
2.1 The Responsibilities of the Architect
To work sequentially through the ‘work stages’, as described in Stages 1-7.
To produce designs and specifications for which the various statutory consents can be realistically sought.
To pay attention to health and safety issues, and to adhere to all current health and safety codes where appropriate.
To advise on the need for any other consultants; to liaise with all parties engaged on the project and coordinate their input.
To advise clients on the different ways to procure the building contract, and to assist the client in selecting a building contractor.
To keep the clients informed regarding the progress of the building works, the quality of the work, the adherence to programme and on budgetary issues.
To perform the Services with reasonable skill, care and diligence in accordance with the normal standards of a properly qualified and competent Architect experienced in projects of a similar size, nature and complexity.
2.2 The Responsibilities of the Client
To provide clear information about the brief and its requirements, and to advise of any subsequent changes required. To provide any and all relevant information about the building / site that the client may have.
To have funds in place to adequately meet the financial commitment that the project involves.
To settle all invoices (building costs and fees) in good time
To appoint any other persons required to perform work or services under separate agreements.
To provide timely decisions and approvals as necessary for the completion of the Services.
To acknowledge that the Architect does not warrant compliance to programmes, target costs, variations, prices, delays beyond their control, unknown conditions or the performance of any other party.
To effect and maintain insurance for the works, the site and existing structures
3.0 Other Considerations
Neither party is liable for failure or delay caused by events beyond its reasonable control (“Force Majeure”). The affected party shall notify the other promptly and endeavour to mitigate.
Each party shall process personal data in compliance with UK General Data Protection Regulations (GDPR) and maintain a privacy notice available on request.
3.1 Contractual Relationships
The client has one contractual relationship with the Architect and a separate one with the building contractor.
There is no contractual relationship between the Architect and the building contractor. The Architect and the contractor work closely together to deliver the scheme in accordance with the designs and specifications.
It is important that the channel of communication should always run through the Architect. Any instruction to the contractor should come from the Architect for clarity, and to avoid confusion.
The client shall hold the contractor and not the Architect responsible for the timely and regulation-compliant carrying out and completion of the construction works, following drawings precisely, and any paperwork therein.
3.2 Approvals
We have good working relationships with Local Authorities and an excellent track record in winning good consents. However, no guarantees can be offered regarding the acceptability, approval, or timescale of any Local Authority application, whether that be Listed Building Consent, Planning Approvals, Permitted Development Certificates, Planning Conditions and so on. Similarly, the Architect cannot warrant that building regulations or other approvals will be granted from third parties.
Unless explicitly included, the Architect does not provide legal, asbestos, ecology, archaeology, cost-consultancy or land-surveying services, nor principal-contractor or site health-and-safety services.
3.5 Dispute Resolution
We are fully committed to working in a dispute free climate, and our practice is to prevent disputes from arising.
On the rare occasion when a disagreement does arise, we are committed to resolving it in an amicable manner.
If all attempts to resolve matters fail, negotiation / mediation is the preferred next step. Any dispute or claim arising out of or in connection with it, shall be governed by the law of England and Wales.
3.6 Suspension/Termination
On rare occasions, a client will wish to terminate the contractual arrangement with the Architect. If and when such an occasion arises, we strive to arrange the termination of the contract amicably.
The client has the right to cancel this agreement for any reason by sending a cancellation notice to the Architect, within the period of 7 days starting from the date when this agreement was made. If the Architect was instructed to perform any design services before the end of the seven-day period, the architect shall be entitled to any fees and expenses properly due before the notice of cancellation.
The client may suspend or terminate performance under the contract by giving the Architect at least 7 days’ written notice and stating the reason for doing so.
The Architect may suspend or terminate performance under the contract by giving the client at least 7 days’ written notice and stating the grounds on which it intends to do so. Such grounds are limited to:
– The clients’ failure to pay any fees
– Breach of their obligations under the contract
– The architect is prevented from or impeded in performing the services
– Force majeure
– Any other reasonable groundsThe Architect is entitled to payment of the fee due to the date of the last instalment, plus a fair and reasonable amount up to the date of termination.
Any drawings pertaining to the project(s) may then be re-issued to the client in jpeg or pdf format only, if requested.
3.7 Copyright
The drawings, designs, and written material produced by the Architect are referred to as the ‘Architect’s Materials’ and these ‘Materials’ are the copyright of the Architect, retained during the contract and beyond. The client has a restricted licence of these materials for use within the project, provided all Architect fees are settled (as outlined elsewhere on this site).
If a client requires the copyright themselves or requires a licence of the Architect Materials for use outside the project, then this can only be negotiated by mutual consent and/or by payment of a mutually agreed fee.
Any other interested party may not use the Architect’s Materials, unless by consent from the Architect or by acquiring a licence, as referred to above.
The Architect shall not be liable for any use of the drawings and documents other than for the purpose for which they were produced.
3.8 Photography
We reserve the right to photograph all our completed projects, to keep an up-to-date portfolio and website.
If a client does not want the finished scheme to be photographed, this matter must be raised at the inception.
Otherwise, it is established that the Architect has the right to photograph the finished scheme, and the client shall give reasonable access to the finished works.
The Architect will have the right to use any site or property photos and design documentation for marketing purposes (this may include publishing on webpages or social media sites). No private client information will be disclosed.
4.0 Architect Fees
There are a few ways in which we generally charge fees to cover the work we do for our clients. This is set out in our original budget, which is presented to a potential client prior to appointment, and acts as the basis of our fee quotation.
Our fees are usually charged as a percentage of the whole contract value (i.e. all the building costs, including finishes). This is estimated at the outset, so the fee is fixed for Stages 1-4 until the contract value is finalised.
At the end of Stage 4, a contract is signed between the client and the contractor. The contract figure entered here is added to any other relevant building costs outside the contract (such as the kitchen), and then used as the basis of the remaining Architect’s fees to cover Stages 5 and 6.
During Stages 5 and 6, the remaining balance is billed as ‘hours on account’, capped at the total percentage fee.
Alternatively, we sometimes charge project fees on a time basis. This is calculated at an hourly rate of £150 per hour ex VAT. We estimate in advance the time required to carry out a particular scope of work, and inform the client.
Fee accounts are submitted monthly in arrears, based on the percentage of the stage completed to date, or the hours expended.
Fee accounts must be settled within 14 days of the invoice date.
The Architect shall be entitled to simple interest (3% above base rate) on any accounts becoming overdue, together with any costs reasonably incurred in obtaining payment.
4.1 Additional Fees and Services
Additional work for reasons beyond the Architect’s control will be charged as an additional fee, as set out below.
The Architect will always endeavour to inform the client of any uplift in fees in advance.
Time-based fees are charged at £150 per hour ex VAT.
Clients may wish to make changes to the design scheme or brief during the project. After the client has authorised the development of an approved scheme, and subsequently wishes to make changes to the original brief / scope of work, the Architect reserves the right to charge additional time-based hours to cover any liaison, drawings and documents that may be necessary.
If a project is significantly delayed or put on hold between or during work stages for reasons outside of the Architect’s control, any additional input instructed by the client or local authority may be charged additional time-based fees.
Standard fees are charged when a planning application (and/or pre-application submission, if applicable and noted on the fee quotation) is submitted to the local authority, covering the administration work during the application period. If a planning officer requires modifications to the drawings, or further meetings / applications (such as resubmissions or discharging conditions), additional time-based fees will be charged.
Pike & Partners can carry out the following additional services to the standard scope of work, for an additional time-based fee:
– Landscape sketches and drawings
– Pre-application tasks and liaison (unless recorded in the original fee agreement), where agreed prudent for that particular Council. This would include the submission of information, and liaison thereafter with client / local authority.
– In-depth liaison with third parties as may be required by the Council, in order to submit supporting documentation for planning approval (arboriculturists, flood risk analysis, acoustic specialists, engineers etc.)
– In depth liaison with party wall surveyors on details as may be required for party wall notices / awards / consents (specialised drawing details, for example).
– Joinery and/or kitchen ‘shop’ drawings.
– Three-dimensional walk-throughs or renders of proposals.
– Liaison with neighbours or local groups on the proposals or concerns they may have.Occasionally we are required to monitor the performance of a completed project, and arrange for fine tuning. If requested, we are prepared to advise on any post-contract procedures on a time basis.
4.2 Expenses
The Architect may incur expenses and disbursements on a client’s behalf, including (but not limited to):
– Printing
– Travel costs
– Maps required for Planning Permission
– JCT ContractsThese are recharged to the client.
5.0 Health and Safety Legislation
Under The Construction (Design and Management) Regulations 2015 (CDM 2015) and the Building Regulations (2010 amended 2023) the Client has the overarching responsibility for ensuring that construction work is carried out safely and without risks to health. These initial responsibilities under the legislations include:
Appointing a competent Principal Designer (PD) under CDM and Buiding Regulations respectively
Appointing a Principal Contractor (the main contractor) in due course.
Ensuring that both the PD and Principal Contractor are fulfilling their roles, and that health and safety information is maintained for the ongoing safe operation of the building.
Providing any relevant existing site information, including surveys and previous risk assessments.
Arranging a meeting with key stakeholders to discuss health and safety arrangements.
There are further client duties under the regulations that will be undertaken by others on a domestic client’s behalf. We can assume the role of Principle Designer only for the Stages of work we are appointed for. Where appointed Principal Designer under CDM 2015 (and/or under regulations made pursuant to the Building Safety Act 2022) for the relevant stages, the Architect shall plan, manage and monitor design risk, coordinate the design team and issue the required information.
The Architect may refuse or resign the Principal Designer role if our appointment is terminated, the Client fails to discharge their duties, or if the Principal Contractor fails to follow the Architect’s drawings and / or documents.
6.0 Conclusion
Approval of the original budget and fee quotation assumes approval of our terms and conditions, and confirms that the client is aware of their duties under current legislation.ve reached a ‘stalemate situation’ and are unable to resolve a disagreement, we are, as a practice, committed to resolve the situation by means of mediation / arbitration rather that resorting to Litigation. Experience has taught us this more productive route with a stronger chance of a satisfactory outcome.