Services

Our commitment

We provide the full range of architectural services from initial concept through to design and supervision of works. However, we recognise that every client has a unique need and we are committed to adapt our services to your precise requirements, in order to produce the best possible result for least cost.

Our clients are always in control.

Initial Consultation

We usually start with an initial consultation at your home / site where we talk through your ideas and understand what the priorities are for your project. We offer this service at a cost of £150 + vat in the Bristol area (£180 + vat when beyond up to 30mins from Hotwells). The consultation is designed to be a stand-alone service but we relay on it as the basis for establishing the brief from thereon. It takes about an hour and we cover the existing building, its upgrading or alteration, the possible range of design options, your budget, timescale and expectations of quality, as well as giving an overview of possible Planning, Listed Building and Building Regulations permissions. 

Fee Proposals

If what we say is of interest, we put together a fee proposal based on that first meeting and typically we will offer a selection or range of the following architectural services: 

Initial Consultation

Measured Survey (up to a certain size)

Feasibility study and scheme design options

Pre-application, Full planning and Listed Building applications 

Building Regulations applications

Coordinating the work of other 3rd party consultants and specialists

Budget cost planning

Condition reports or specification proposals

Construction information 

Tender process and negotiation

Appointment of builders and administration of building contract

Handing over and closing out

Principal Designer duties (CDM 2015 Regulations)

Giving You Control

When we propose fees, we say whether the itemised costs shown are fixed or estimated and in some cases supply the estimated time next to the costs for clarity. 

We issue a proposal letter first for confirmation or discussion. This can then be amended and will be returned with an acceptance agreement. The relevant RIBA T&Cs from the Domestic or Concise Professional Services Contract will apply and will be attached / referred to (extract reproduced below for reference only).

We are obligated by the Royal Institute of British Architects to have a signed agreement on record to undertake work.

Domestic Terms & Conditions

Architect*/Consultant : the person or organisation that the Client appoints to perform the Services.
Basic Fee : the fee for the Services excluding VAT and any additional charges, such as expenses, disbursements, etc. 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 guidance as issued, amended or replaced from time to time by the Health & Safety Executive, which govern the management of health, safety and welfare for construction projects. 

Client : the person 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 the Client for all purposes in connection with the matters set out in the Contract, except where advised to the contrary. 

Confidential Information : all information relating to the Project and the Client 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 electronic mail or verbally 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, 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 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 dispute, the Client’s legal and in-house expenses and any loss and/or expense payments made to the Contractor or any adjustment for any liquidated damages deducted by the Client. 

Construction Phase : the period of time beginning when construction work on a Project starts and ending when construction work in that Project is completed. 

Contractor : the party referred to as the Contractor in the Building Contract.
Final Date for Payment : the date, specified in clause 5.13, by which a payment that is due shall be paid. 

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. 

Architect*/Consultant : the person or organisation that the Client appoints to perform the Services.
Basic Fee : the fee for the Services excluding VAT and any additional charges, such as expenses, disbursements, etc. 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 guidance as issued, amended or replaced from time to time by the Health & Safety Executive, which govern the management of health, safety and welfare for construction projects. 

Client : the person 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 the Client for all purposes in connection with the matters set out in the Contract, except where advised to the contrary. 

Confidential Information : all information relating to the Project and the Client 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 electronic mail or verbally 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, 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 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 dispute, the Client’s legal and in-house expenses and any loss and/or expense payments made to the Contractor or any adjustment for any liquidated damages deducted by the Client. 

Construction Phase : the period of time beginning when construction work on a Project starts and ending when construction work in that Project is completed. 

Contractor : the party referred to as the Contractor in the Building Contract.
Final Date for Payment : the date, specified in clause 5.13, by which a payment that is due shall be paid. 

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.
Other Client Appointments : other consultants 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. 

Party/Parties : the signatories to the Agreement: the Client and the Architect/Consultant described in items A and B of the Contract Details. 

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 was calculated. 

Practical Completion : when the works are so certified under the terms of the Building Contract. 

Pre-construction Information : information in the Client’s possession or which is reasonably obtainable by or on behalf of the Client, which is relevant to the construction work and is of an appropriate level of detail and proportionate to the risks involved. 

Pre-construction Phase : any period of time during which design or preparatory work is carried out for a project and may continue during the Construction Phase. 

Principal Contractor : is a contractor appointed by the Client as Principal Contractor under the CDM Regulations 2015. Principal Designer : is a designer appointed by the Client as Principal Designer under the CDM Regulations 2015. This 

shall be the Architect/Consultant, if so selected in the Schedule of Services. Project : as described in the Project Brief, item D of the Contract Details. 

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. 

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. 

Schedule of Services : the schedule specifying the Services and additional services to be undertaken by the Architect/Consultant in connection with the Project, which is incorporated into the Contract. 

Services : the professional services to be performed by the Architect/Consultant specified in the Schedule of Services, which may be varied by agreement. 

* ‘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). 

Clauses 

1. General Interpretation 

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 Saturdays, Sundays and public holidays.

1.2  The provisions of the Contract continue to bind the Client and the Architect/Consultant as 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 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 only if in writing and signed by the duly authorised representatives of both the Client and the Architect/Consultant. The Client and the Architect/Consultant shall not claim to have relied upon any statements or representations made by the other Party other than those set out in the Contract.

1.4  If any clause or part of any clause of the Contract is ruled by the courts or declared to be 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 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.

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.

2. Client’ s Responsibilities 

2.1 The Client shall: 

2.1.1  inform the Architect/Consultant of the Project Brief, Construction Cost, the Project Programme and the Services required and of any subsequent changes required, and agree steps to mitigate the consequences

2.1.2  provide to the Architect/Consultant, free of charge, information in the Client’s possession, or which is reasonably obtainable, and which is necessary for the proper and timely performance of the Services, and the Architect/Consultant shall be entitled to rely on such information

2.1.3  make decisions and give approvals as necessary for the proper and timely performance of the Services

2.1.4  appoint or otherwise engage any Other Client Appointments required to perform 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

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 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(s) 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

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. 

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 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: 

2.3.1  that planning permission and other approvals from third parties shall be granted at all or, if granted, will be granted in accordance with any anticipated timescale

2.3.2  compliance with any Project Programme and Construction Cost, which may need to be reviewed for, but not limited to: 

(a)  variations instructed by the Client

(b)  fluctuations in market prices

(c)  delays caused by any Other Client Appointments, the Contractor or any other factor that is not the responsibility of the Architect/Consultant under the Contract

(d)  the discovery at any time of previously unknown conditions 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 Client Appointments or the Contractor.

2.4  The Client shall not disclose Confidential Information unless:
2.4.1 disclosure is necessary to take professional advice in relation to the Contract or the Services
2.4.2 it is already in the public domain other than due to wrongful use or disclosure by the Client
2.4.3 disclosure is required by law or because of disputes arising out of or in connection with the Contract.

3. Architect/Consultant’s Responsibilities 

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 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 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 than the exercise of such reasonable skill, care and diligence. 

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 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

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 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 the Contractor

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 co-ordinate relevant information received from such persons with the Architect/Consultant’s design, but the Architect/Consultant shall not be responsible for the content of the information received

3.2.7  make no material alteration to the Services or the 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.

3.3  The Architect/Consultant shall have the right to publish photographs of the Project. Subject to the approval
of the Client, the Architect/Consultant shall have reasonable access to the Project for up to 2 years after Practical Completion. The Architect/Consultant shall obtain written consent from the Client, which shall not be unreasonably withheld or delayed, before the publication of any information about the Project, unless reasonably necessary for the performance of the Services.

3.4  The Architect/Consultant shall not disclose Confidential Information unless: 

3.4.1  disclosure is necessary for the proper performance of the Services, or in order to take professional advice in relation to the Contract or the Services, or in order to obtain/maintain insurance cover as required by the Contract

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 with the Contract.

4. Assignment, Sub-contracting and Novation 

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 consent shall not be unreasonably withheld or delayed.

4.2  The Architect/Consultant shall not sub-contract performance of any part of the Services without the prior consent of the Client, and such consent shall not be unreasonably withheld or delayed.

4.3  The Parties may, by agreement, novate the Contract on terms to be agreed.

5. Fees and Expenses 

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.

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: 

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 works or the Building Contract 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(s)

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

5.2.4  the time charges ascertained by multiplying the time reasonably spent in the 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’ 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. 

5.3  Lump sums and rates for time charges, mileage and printing shall be revised every 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 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 varied by agreement

5.4.2  where percentage fees in accordance with clause 5.2.1 or 5.2.2 apply, to compensate for any reduction of the Construction Cost arising solely from deflationary market conditions not prevailing at the date of the Contract.

5.5  If the Architect/Consultant is involved in extra work or incurs extra 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 item G of the Contract Details where: 

5.5.1  the cost of any work, installation or equipment, in connection with which the 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

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 construction commences

5.5.4  performance of the Services is delayed, disrupted or prolonged.

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.

5.7  The Client shall reimburse the Architect/Consultant for expenses and disbursements in the manner specified in item H of the Contract Details.

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.

5.9  Where the Architect/Consultant is instructed by the Client to invite a tender or tenders for 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 based on the construction work or that part of it relating to the Services current at the date of tender.

Payment Notices

5.10  The Architect/Consultant shall issue Payment Notices at the intervals specified in item I of 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.

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 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 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 Payment Notice (which shall be the Final Date for Payment) unless:

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 

5.13.2 the Client issues a notice under clause 5.16. 

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 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, specifying:
5.16.1 the amount that the Client considers to be due on the date the notice is served 

5.16.2  the basis on which that sum is calculated

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 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 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 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 which, in the absence of the notice, would have been the Final Date for Payment.

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/Consultant.

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 due to the suspension or the termination, except where the Architect/Consultant is in material or persistent breach of the obligations under the Contract.

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 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.

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:
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 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 Architect/Consultant’s fees and expenses.

6. Copyright and Licence 

6.1  The Architect/Consultant shall own all intellectual property rights, 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 identified as the author of such work.

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 Architect/Consultant.

6.3  The Client shall have a licence to copy and use such of the drawings and documents for which all fees
and other amounts properly due have been paid, only for purposes related to the construction of the Project or its subsequent use or sale, but they may not be used for reproduction of the design for any part of any extension of the Project or any other project without the Architect/Consultant’s written consent.

6.4  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.

6.5  Copying or use of the drawings and documents by any Other Client Appointment providing services to the Project shall be deemed to be permitted under a sub-licence granted by the Client, whether such drawings and documents were issued by the Client or on the Client’s behalf.

6.6  The Architect/Consultant shall be liable to the Client in respect of any reasonably foreseeable and fully mitigated expenses, losses or damages suffered by the Client as a result of the work of the Architect/Consultant being in breach of copyright or any other intellectual rights of any third party.

6.7  The Architect/Consultant shall not be liable for any use of the drawings and documents other than for the purpose for which they were prepared and provided by the Architect/Consultant.

7. Architect/Consultant’s Liability 

7.1  No action 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 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, whichever is the earlier.

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 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.

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 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, care and diligence in the performance of its duties under the Contract. This proportion is to 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 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

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 person referred to in this clause

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.

8. Professional Indemnity Insurance 

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 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 shall inform the Client if such insurance ceases to be available on commercially reasonable terms. 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/or is being maintained.

8.2  The Architect/Consultant shall inform the Client if 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.

8.3  Nothing in the Contract confers any right to enforce any of its terms on any person who is not a party to it, other than lawful assignees.

9. Suspension or Termination 

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.

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’ 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 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/Consultant’s Payment Notice

9.2.2 that the Client is in material or persistent breach of its obligations under the Contract 

9.2.3 that the Architect/Consultant is prevented from or impeded in performing the Services for reasons beyond the Architect/Consultant’s control 

9.2.4 force majeure 

9.2.5 any other reasonable grounds for suspension or termination of the Contract. 

9.3  In the event of suspension or termination, the Architect/Consultant shall cease performance of the Services and/or other obligations under the Contract in an orderly and economical 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 or termination arises from a default: 

9.4.1 which is remedied, the Architect/Consultant shall resume performance of the Services and other obligations under the Contract within a reasonable period 

9.4.2 which is not remedied by the defaulting Party, the Contract shall be ended by the non-defaulting Party giving at least 7 days’ further written notice.

9.5  Where Services are suspended by either Party after serving notice under clause 9.1 or 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 the Client.

9.6  Any period of suspension arising from a valid notice given under clause 9.1 or clause 9.2 shall be disregarded in computing, for the purposes of any specified time limit, the time taken by the Architect/Consultant to complete any work directly or indirectly affected by the exercise of the right of the Architect/Consultant to suspend performance.

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, and/or makes any arrangements with creditors 

9.7.2 the other Party becomes unable to perform its obligations through death or incapacity. 

9.7 On termination of performance of the Services and/or other obligations under the Contract, 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 payment of any outstanding fees and other amounts due plus the reasonable expenses of the Architect/Consultant. 

Dispute Resolution 

Mediation 

10.1 In the event of any dispute or difference arising under the Contract, the Parties may attempt to settle the dispute, in the first instance, by mediation as specified in item K of the Contract Details. 

Adjudication 

10.2 Where it is stated in item K of the Contract Details that adjudication applies: 

10.2.1  either Party may give notice at any time of its intention to refer a dispute or difference to an Adjudicator

10.2.2  the appointment of the Adjudicator shall be made in accordance with the procedure identified in item K of the Contract Details

10.2.3  the referral of the dispute to an Adjudicator shall be made within 7 days of the issue of the notice

10.2.4  the Parties may agree who shall act as Adjudicator or the Adjudicator shall be a person nominated, at the request of either Party, by the nominating body specified in item K of the Contract Details

10.2.5  the Adjudicator may allocate between the Parties the costs relating to the adjudication, including the fees and expenses of the Adjudicator

10.2.6  the adjudication rules shall be as stated in item K of the Contract Details. 

10.3 If the initial/preferred dispute resolution process is not successful, the dispute shall be referred to the final resolution process, as set out in item K of the Contract Details. 

Arbitration 

10.4 Where it is stated in item K of the Contract Details that arbitration applies: 

10.4.1 if 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 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 or, failing agreement within 14 days of the date on which the notice is served, a person appointed by the appointing body specified in item K of the Contract Details on the application of either Party 

10.4.2 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 section 91 of the Arbitration Act 1996 

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

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

Litigation 

10.5 Where it is stated in item K of the Contract Details that litigation applies, either Party may start court proceedings to settle a dispute. 

11. Information Formats 

11.1  Provided that all fees and/or other amounts properly due are paid, the Client shall have a licence to copy and use the electronic drawings and documents detailed in item L of the Contract Details only for purposes related to construction of the Project or its subsequent use or sale, and 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 6.3.

11.2  Copying or use of the electronic drawings and documents 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 drawings and documents were issued by the Client or on the Client’s behalf.

11.3  The Architect/Consultant shall not be liable for any use of the electronic drawings, data and documents other than for the purpose for which they were prepared.

11.4  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 data delivered in accordance with the provisions of item L of the Contract Details.

11.5  The Architect/Consultant shall have no liability to the Client in connection with any corruption or any unintended amendment, modification or alteration of the electronic drawings and documents which occurs after they have been issued by the Architect/Consultant.

12. Client’ s Right to Cancel 

12.1  The Client has the right to cancel the Contract, for any reason, by sending a notice of cancellation to the Architect/Consultant at any time within 14 days of signing the Agreement.

12.2  The notice of cancellation is deemed to be served as soon as it is posted to the Architect/Consultant or, in the case of an electronic communication, on the day that it is sent to the Architect/Consultant.

12.3  If the Architect/Consultant was instructed to perform any services before the Contract was made or before the end of the 14-day period and the instruction(s) were confirmed in writing, the Architect/Consultant shall be entitled to any fees and expenses properly due before the Architect/Consultant received the notice of cancellation.

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