TLA STANDARD TERMS OF BUSINESS
1. RIBA Architect’s Appointment
Our services as detailed in the attached Fee Proposal Letter are as defined in the RIBA Conditions of Appointment and all terms, rights and conditions contained within the above RIBA Conditions of Appointment form part of any agreement between us in conjunction with the Fee Proposal Letter save that any specific items within the Fee Proposal Letter and Standard Terms of Business that contradict the RIBA Conditions of Appointment shall vary and supersede the relevant items in the RIBA Conditions of Appointment. Specifically Clauses 1 to 9.6 are all expressly included within the agreement contained in the Fee Proposal Letter and a copy is attached.
2. Disbursements and Additional Work
Disbursements incurred in local authority and utilities fees, dyeline printing, laser printing, photocopying, telephone calls, faxes, travel and transport costs associated with the project, & photography are all re-charged at cost to the client with a 5% handling charge added.
Additional work. The following items are additional work not included within the architectural fee and, if they are required, they will be separately recharged to the client as disbursements: model making, computer generated models & photomontages, artists’ impressions/ perspectives, and As-build drawings. Further additional work would include Carrying out negotiations relating to rights of light, access, support, boundaries, and party wall matters. If any of these additional services were required, we would need to charge separately. The cost for additional works would be agreed with the client prior to these works been carried out.
At Work Stages 2 and 3, we would make a design presentation to you. If asked we would then produce a second design option. If then asked we would produce a third design option. Beyond that, all further design options and or presentations would be charged as additional work on hourly rates as set out in this document.
Where the project includes the preparation and/or administration of a planning and/or a listed buildings application then the fee as set in the accompanying fee proposal letter will allow for one planning application and one listed buildings application (if appropriate). The fee does not allow for further applications or appeals. All such further work would need to be separately charged.
At the planning pre-application and/or planning application and/or listed buildings application stage, if the planning authority rejects the first application for pre-application, planning or any other permission and we are asked to make fresh application(s), or if we are involved in a Planning Appeal, or there are planning conditions to be discharged requiring further architectural work, then an additional charge would be made to cover the extra time involved at out standard hourly rates. The Planning Application, Building Control and any other local statutory undertakers’ fees are born by the client.
Where our agreement letter includes work preparing a planning application, the fee would allow for one planning application and does not allow for further applications or appeal. Any such further work would need to be separately charged.
If the client changes the scope of work as agreed either at the commencement of the project (as set out in the Project Description, Scope of Work) or as included within a crystallised Work Stage, the newly abortive work (i.e. the previously agreed work) would be charged at the prevailing rate as set out in the fee agreement, and the cost of any design and/or specification changes required (including meetings and our onward briefing and coordination with other consultants and contractors) would be charged as additional work charged at out standard hourly rates.
3. Copyright and Use of Drawings
All pdf copy drawings, designs, schedules and correspondence undertaken are made available to you on a freely transferable basis by licence if there are no professional fees outstanding. We retain the copyright and original Cad drawings. We accept no liability for any misuse (by others) of drawings or other information we may provide. Drawings and specifications should not be used for any other purpose different to that originally issued for by TLA. As an example drawings that are intended for Planning Application purposes are not intended for construction. Where drawings, photographs or other descriptive information is created by or for the client that refers to, describes or shows the design of the project, then, along with our contact telephone number and web site, we are to be clearly stated as the designers of the project in any such material including internet web sites, property marketing information or similar.
4. Crystallisation of Design Stages
At the end of each design phase of each of the RIBA Work Stages: Stages 2 to 4 inclusive), there will be a confirmation of design crystallisation either by way of a minuted meeting, or by letter or email. After confirmation to the client of design crystallisation any design changes required to be made would be additional architectural work and as such time charges as below would apply for the carrying out of the changes.
5. Other Consultants
All consultants are appointed and paid directly by the client, although we are happy to liaise with these consultants on our client’s behalf if required. The design and supervision of structural, mechanical and electrical work is outside of our scope of works, but we would include their drawings within our construction drawings and schedules where necessary. Where a project is notifiable under the Construction Design and Management (CDM) Regulations, it is the client’s responsibility to independently appoint a CDM coordinator, comply with the duties under the regulations and make whatever statutory or other submissions that might be required.
6. Gross Internal Area (or GIA) definition
It is agreed that in our agreement letter where we use the term Gross Internal Area (or GIA), it is defined (in accordance with the RICS form or measurement) as the area of a building measured to the internal face of the perimeter walls at each floor level.
GIA includes (within the residential apartments only):-
Areas occupied by internal walls and partitions, columns. piers, chimney breasts, other internal boxings (say for downpipes etc), corridors, stairwells, and all rooms including bathrooms and kitchens).
GIA excludes: the perimeter wall thickness, external projections, external balconies, gardens, canopies, covered ways, fire escapes, and internal common parts of the building, and all communal areas (including lifts, stairs, entrance lobbies, car parking, bicycle parking, communal refuse/recycling areas). It also excludes any commercial units that may have to be relocated within the building.
7. Planning Consent Success Fees definition of ‘granted’ planning consent
It is agreed that if in our agreement letter we refer to planning consent being ‘granted’ it also includes in its meaning the situation and date where the local authority resolves to grant permitted development and or prior approval and or a planning consent including where the consent is subject to agreeing one or more matters, such as a s.106 legal agreement and/or finalising an affordable housing agreement, and/or finalising an office inclusion agreement, and/or agreeing a commuted or any other payment to the local authority.
8. Planning Consent Success Fees general terms
It is agreed that if in our agreement letter we refer to planning consent being ‘granted’ then the planning application (upon which the planning success fee is based) will need to be made generally in accordance with advice received by the planning consultant and be broadly in line with the advice to be given by the local authority in their Pre-Application advice (if sought). If you decide not to follow either advice, and make a planning application that does not follow their recommendations, then the portion of the fee that is subject to planning consent being granted will be payable upon the application submission as though planning had been granted for the application as submitted.
9. Disputes
In the event of a dispute or difference arising under this Appointment we hope we shall be able to settle the matter by negotiation or mediation. We have a complaints handling procedure, the details of which are available upon request. We confirm we will make reasonable attempts to resolve any complaint. We are registered with the Architects Registration Board (ARB) and are subject to both the RIBA and ARB Code of Conduct. We confirm that we have professional indemnity insurance cover and that this cover will remain in place until the expiry of our liability. We would be pleased to provide documentary evidence of the insurance if required.
Any claim made against TLA and or its employees such action shall be limited only to the recovery of the cost of rectification of building defects caused by errors or omissions of design solely attributed to TLA and in any event be limited to a maximum sum of £400,000. It is further agreed that aany and all consequential losses the client may suffer including loss of income loss of value or loss under third party agreements shall be excluded from any claim made against TLA.
10. Cancellation of Appointment
If you terminate our appointment, whilst we are in a Work Stage, you agree to pay us the fee due for all work carried out by us to the termination date (along with any earlier un-invoiced or un-paid work [and interest] if any outstanding) at the time of the termination.
When full payment is made the licence as described in this document will be freely transferable. If on termination there is a portion of the fee where payment is contingent upon the consent, planning committee resolution to consent or the outcome of a planning application then the portion of the fee will be paid (as above) as though planning had been consented for the application as submitted.
11. Warranties
If you or your funder require a collateral warranty from us, and if we agree to provide one, then we would need a solicitor to analyse and negotiate the warranty documents. If we were to agree to a collateral warranty then the terms would be no more onerous than those agreed in the fee proposal letter and this document. You agree to bear the reasonable cost of all our legal costs in this matter, whether it proceeds to completion or not.
12. Contract Sum and Standard Hourly Rates
Total Contract Sum means the addition of the main contract and any client direct contracts, sub or named contracts including relevant main contractor’s overhead profit and attendance on the client direct contracts or on the sub or named contractors. Construction cost is initially estimated by the Quantity Surveyor (QS) based on our Concept Stage designs (Work Stage 2). It can then be revised as appropriate at the end of work Stages 2, 3, and 4 or later if required. Unless differently specified in the accompanying fee proposal letter additional time is charged on using our Standard Hourly Rates as follows:- Director: £180 per hour + VAT, Associate: £150 per hour + VAT, Job Runner/Architect/Interior Designer: £100 per hour + VAT, Assistant: £85 per hour + VAT, Junior £75 per hour + VAT.
13. Payments
We invoice monthly on account with balancing payments due at crystallisation of a RIBA Work Stages. Crystallisation payments will be required for each stage before starting on the next. Payments for a portion of the fee that is subject to the grant of planning consent is payable directly after the earlier of either (a) the date when the consent is granted or (b) the meeting where the local authority planning committee resolves to grant consent (subject to agreeing matters – see section 7 or full definition). Payment of invoices is to be within 14 days of the date of the invoice, after which interest will be added to any unpaid sums. The detailed terms are set out in clause 5 of the RIBA Conditions of Appointment terms as enclosed.
14. Our Agreement
It is agreed that by instructing this practice on the basis of the attached fee proposal letter you are acknowledging that you have read and do understand any of the contents of the letter and the enclosed documents (including this TLA Standard Terms of Business and RIBA Conditions of Appointment) and agree to all the terms contained within. If there are any items that you do not understand please contact us as soon as possible and prior to agreeing our proposal letter and instruction to proceed.
15. Site Inspections
If the attached Fee Proposal Letter includes for site inspections, we would allow for one site visit per week for the on-site construction stage of the project. If further site visits (and/or additional visits to other sites eg. Joiners workshops etc.) and/or additional time is required due to Project Completion running beyond the dates as agreed in the contract, these will be charged on an hourly rate basis for percentage based fee proposals and to a pro rata basis should a lump sum fee proposal be agreed.
16. Works on Site:
Please note that contract administrators of works on-site can have no influence or control over builders and their suppliers or sub-contractors programmes or sequence of work other than as set out in the building contract. If we are appointed to act in any capacity where there are to be building works on site then it is assumed that you will instruct the building works to be carried out in a single continuous period with no delays or gaps.
At the construction stage if our fee proposal includes our professional involvement during the building contract, and if the project is delayed or the building contract on site extends beyond the end of the pre-agreed building contract period (and we are charging fees to act as contract administrator for the building contract), then we would charge as additional architectural work all our time spent administering the contract from the end of the pre-agreed contract period to its actual completion. The charge would be at our Standard Hourly Rates. In this agreement the pre-agreed contract period is the period that commences on the earlier of when the contractor starts on site and when the building contract is signed and ends at the date as specified in the building contract or other contractual correspondence as the date for granting Practical Completion. The pre-agreed contract period does not include any extended Practical Completion dates caused by extension of time claims or other delays. In this agreement Practical Completion is the date when the construction work is complete such that for a residential use the property is capable of immediate full residential occupation. Practical Completion can also only be said to have taken place take place when all appropriate certificates have been issued. These may include Building Control Completion Certificate, Gas Safe gas certificate and/or EIC EEI electricity certificate.
In our fee proposal letter the Total Contract Sum means the addition of the main contract and any client direct contracts, sub or nominated contracts including relevant main contractor’s overhead profit and attendance on the client direct contracts or on the sub or named contractors.
If you instruct additional works outside the main building contract (where we are charging fees to administer the building contract), and we have a co-ordinating role (but not design) of these works, then we would make a charge of 5% + VAT & disbursements of the cost of these works. In some occasions such works can be: kitchens designed & supplied by others, window blinds/curtains, fireplaces, garden/terrace works, hi-fi/AV/specialist lighting works etc.
17. Defects List/Snagging of Defects at Practical Completion and Defects Liability Period
If the attached Fee Proposal Letter includes for contract administration of works on site then at Practical Completion of the building contract we carry out a defects/snagging list. Further defects are then recorded by the client and included within the Defects Liability Period defects/snagging list to be carried out at the end of the agreed Defects Liability Period. If further defects/snagging lists are required then these are additional work and charged on our standard hourly rates.
18. Possible Final Account dispute with the main contractor or a sub contractor
If, after Practical Completion, there is a Final Account dispute with the main contractor or a sub contractor then all work required to be carried out by ourselves (which may include analysing and reporting on any claim or counter claim including meetings and possible preparation and attendance at an adjudication and or any other hearing or meeting) would be additional work and charged on our standard hourly rates.
19. After Completion
After completion or termination of the project (whether built or not) it is agreed that we may return to the project and take photos and make videos if appropriate, to record the project and for us to use these for their portfolio, website and other marketing purposes. If the client requests then we will agree to maintain client and locational confidentiality and not specify in our portfolio, website and any other marketing information the name(s) of the client and or the project address (save for general area – i.e. ‘Chelsea, London’).