RIBA Prof Services Contracts - Bartlett PT 3 23 Feb 2021 Lecture

Appointment Contracts
RIBA Professional Services Contracts 2020

Bartlett Part 3 Lecture by Richard Brindley March 2021

How best to engage with your clients
and pass your ARB/RIBA Part 3
Richard Brindley – March 2021 ©

Lecture Contents
• History of Architects’ appointments

• What are appointment contracts and why do we need them
• Current RIBA Professional Services Contracts 2020 (PSC)
• Different types of PSC – Standard, Concise, Domestic, Principal Designer
• Legal principals – Duty of Care, Negligence, Tort
• Conditions of Appointment – Fees, insurance, copyright, disputes, termination
• Tips & Notes - for negotiating, running and completing appointment contracts
• Conclusions
• Q&A discussion - 6pm Tues 23/3/21

History of Architects’ appointments - 2500BC
Architects’ contracts have always

been onerous!
Pyramid Architects 4,500 years
Imhotep
ago had contractual obligation to be
Pyramids Architect
buried with & in their designs!
History of Architects’ appointments – 1670s
Appointment Contract
for St Pauls Cathedral
required a design that was:
"handsome and noble to all the

ends of it and to the reputation
Sir Christopher Wren of the City and the nation“.
© RIBA
1872 Introduction of RIBA Contracts,

Assistants in the office based principles of Independent
of Bodley and Garner professionals with a ‘duty of care’
© RIBA
Introduction of standard contracts

RIBA agreements & JCT contracts.
Confrontational building contracts, but
Office of G protected professionals with
Partnership Architects
full control & mandatory fee scales
© RIBA
Suite of new RIBA & JCT standard

contracts established, with new forms
of procurement emerging:
Archigram office Design+Build, Management Contracting
© RIBA
Arrival of CAD, H&S legislation;

Demise of mandatory fee scales
and open professional competition.
Rise of Project Management.
Introduction of PFI and architects
working more for contractor clients
John S Bonnington than end-user / developer clients.
Partnership + CAD Fewer architects in public sector.
© RIBA
History of Architects’ appointments -2010s
Variety of procurement routes

Ellivo Architects and digital / global working.
Brisbane RIBA PoW 2013 & Contracts 2018
© KLIK Systems
Current Architects’ appointment contracts

Updating RIBA Professional Services Contracts 2018
Replacing RIBA Appointment Agreements 2010
Current legal context shaping these contracts:
• Legislation
• The Housing Grants, Construction & Regeneration Act (HGRA) 2015
• Consumer Rights Act 2015
• The Consumer Contracts Regulations 2013
• The Construction (Design & Management) Regulations 2015
• ARB and RIBA Codes
• Contractual Duties and Powers (difference between ‘shall’ and ‘may’)
• Legal principles
• Duty of Care
• Fitness for purpose
• Negligence
• Tort
Why do we need a standard form of contract

for the appointment of an architect?
• provide clarity, comfort and protection for client & architect
• fair balance of risks between the client and the consultant
• avoid misunderstandings & disputes
• define fees and provisions for payment
• assert and retain copyright
• establish a fair and reasonable allocation of risks
• less expensive and more convenient
• based on current industry practices, procurement & legislation
• proven legal basis in case law – tested in the courts
• comply with RIBA & ARB code of conduct requirements
• works with RIBA Plan of Work & RIBA/JCT/etc building contracts
Compliance with ARB & RIBA codes
• You must have a written agreement in place before you

start work (ARB 4.4 and RIBA 2.1/2.2 codes), otherwise
you are at risk of serious professional misconduct and
can be struck off the ARB register or expelled from RIBA.
• In the event of a formal complaint this is the first question
that the ARB and RIBA will ask.
• Any form of contractual agreement can be used, as long as it
complies with the ARB’s requirements, but using a standard
RIBA Professional Services Contract is advisable.
Compliance with ARB & RIBA codes

Variations agreed with Client
• Architects must ensure that any variation to a standard form
contract is clear, agreed with the client and clearly stated on
the face of the document (ARB 4.5 and RIBA 2.1/2.2 codes).
• Any subsequent variations to the terms of the agreed contract
are to be agreed with the client, are clear and recorded in
writing.
• Members shall not materially alter the scope, objectives or
fees of a project without express client consent in writing.
RIBA Codes of Conduct and Practice, Principle 2, 2.1:

“All terms of appointment between a member and their client
must be clear, agreed and recorded in writing before
commencement of any professional services”
What should an Architect’s Appointment

Contract do?
• identify parties to the contract (consumer client?)
• define the scope of work
• confirm the fee, method of calculation and payment
• allocate & define responsibilities and liabilities (Duty of Care)
• confirm the legal framework (form of law, pertinent legislation, etc.)
• set out methods of dispute resolution and complaints handling
• define provisions for suspension and termination of the contract
• Inform the client of the ARB Code of Sanctions
Note:
RIBA Professional Services Contracts do this, but check any bespoke
agreements to ensure that they properly cover these key points
5 different types of RIBA standard contracts:

• Standard Professional Services Contract for Architectural Services
• Concise Professional Services Contract for Architectural Services
• Domestic Professional Services Contract for Architectural Services
• Principal Designer Professional Services Contract
• Sub-consultant Professional Services Contract
Available from www.ribacontracts.com

Choosing the right type of contract

depends on:
• Type of Client (commercial/consumer)
• Type and complexity of the project
• Services required
• Procurement route
• Building contract
• Legislation
Choosing the right contract - Standard

• Client: commercial/business or public sector
• Project: larger, more complex projects
• Procurement: based on ‘traditional’ but can be used
with other forms of procurement (.i.e. D+B with novation)
• Building Contract : Standard (RIBA or JCT)
Key aspects:
• Provides a comprehensive set of contract terms
• Allows for multiple roles and associates services
• Allows for novation in Design and Build procurement
• Can be used with supplementary documents
(Collateral Warranty)
• Construction contract – compliant with the Housing
Grants, Construction and Regeneration Act 1996
Choosing the right contract - Concise

• Project: smaller, less complex projects
• Procurement: based on ‘traditional’ (tendering at Stage 4)
• Building Contract : RIBA Concise /JCT Intermediate or Minor Works
Key aspects:
• Provision of Architectural Services only
• Contract terms less detailed – need to decide if these
are compatible with the complexity of the project
• Construction contract – compliant with the Housing
Grants, Construction and Regeneration Act 1996
Choosing the right contract - Domestic

• Client: consumer client
• Project: simple domestic projects (renovation or new-build)
• Procurement: traditional
• Building Contract : RIBA Domestic or JCT Home Owner
Key aspects:
• Consumer contract – Consumer Rights Act 2015 applies
• All contract terms must be specifically explained,
negotiated and agreed (be aware of unfair contract terms
and provide information on complaints procedures,
ARB/RIBA codes and approved ADR bodies
• Consumer has right to cancel –up to 14 days
• Services must be:
• Performed with reasonable skill and care
• Provided for a reasonable price, where not agreed
• Carried out in a reasonable time
Choosing the right contract - Principal Designer

• Project: larger, more complex projects
• Procurement: any form of procurement
• Building Contract : RIBA Standard or Concise,
JCT Intermediate or Minor Works
Key aspects:
• Not suitable for consumer clients (for consumer clients
use Domestic PSC with built-in PD services)
• Additional service/role with separate fee
• Inform PI Insurer and ensure have the adequate
resources and expertise to discharge the PD duties
Choosing the right contract - Principal Designer
PD Schedule of Services based on CDM2015:

• Plan, manage, monitor and coordinate health and
safety during the pre-construction phase
• Ensure the team work to reduce risks, coordinate
information, and generate solutions for construction,
maintenance and cleaning that are as risk fee and
obvious as possible
• Generate and organise information for the health
and safety file and hand this over at the end of their
commission
• Organise and ensure circulation of all pre-existing
information on the project
• Ensure that coherent pre-construction information
regarding the project both prior to the current work
and as generated by the team is handed over to the
principal contractor
Choosing the right contract – Sub-Consultant

• Client: lead Architect/Consultant
• Project: commercial/business or non-commercial
• Procurement: any form of procurement
• Building Contract : any form of building contract
(should have ‘back-to-back’ terms with main PSC and building contract)
Key aspects:
• Not for appointment directly to the ‘client’ or for a
Principal Designer role
• Construction contract –Housing Grants, Construction
and Regeneration Act 1996 applies
Choosing the right contract – Bespoke
Bespoke Contracts are often demanded and used by clients,

but the RIBA advises (clients, architects and consultants alike)
that the terms and conditions of bespoke appointment contracts
should be based on RIBA standard conditions which are seen as
the established ‘industry norm’ and form the basis for case law
and PII insurance
If faced with a bespoke contract, or schedules of amendments,

consult your PI Insurers and seek legal advice
Areas of concern to look put for in Bespoke Contracts:

• Duty of care, altering terms such as “reasonable”, “expert”, “professional”
• Fitness for Purpose clauses or performance warranties
(imposes absolute obligations to comply with brief, budget, programme)
• Collateral warranties
• Ownership of Copyright
• Sub-consultants (direct/indirect appointment, different contract terms)
• Pollution/asbestos/deleterious materials liability
• PII insurance: no limits to liability,
or set above that which is available at
“commercially reasonable rates”
Areas of concern to look put for in Bespoke Contracts:

Continued…
• Liability periods (longer than 6 or 12 years)

• Assignment or novation
• Economic and consequential loss
• Joint and several liability
• Net contribution
• Liability caps
• Jurisdiction (not using UK law)
• CDM responsibilities
• Third party rights
Choosing the right contract – Letter
Letter contracts are sometimes used for very small projects,

(but the RIBA does not recommend their use).
At the very least letter contracts must cover:
• ARB codes of conduct requirements

• Definition of the services to be offered
• Statutory requirements
• Provisions for fees and payment
• Copyright and assignment
• Liability
• Provisions for termination of the agreement
• Disputes and net contribution
All RIBA PSCs are based on

RIBA Plan of Works 2020
Also work stages can mapped with previous RIBA Plan of Works
Components of RIBA Standard PSC 2020
• Agreement (replaces previous memorandum)

• Contract Details (project data, previously included in the schedules)
• Contract Conditions (similar to previous Conditions of Appointment)
•Definition of Terms
•Main Clauses
• Schedules of Services
(role specifications, services and fees;
based on the RIBA Plan of Work 2013)
• Contract Guidance & Checklist
(useful for Domestic contract with consumer clients,
to comply with the Consumer Regulations)
Agreement
• Identify parties to the agreement (Client & architect/consultant)
• Signed/executed as simple contract or deed

(6 or 12 year contractual liability period)
• Status of parties (registered companies or not?)

• Date (of the contract, can be different from the
‘effective’ date of the start of the services)
Note:
• Check out your client (status, authority, company name,
address and registration, experience, financial standing,
previous projects, ‘fit’), ensure this precisely matches
the information in the Agreement & Contract details
before signing.
• Include as much known and agreed project
information as possible
Contract Details
• Names & Addresses of parties and the site
• Project Brief (client requirements, briefing documents,
construction cost, programme)
• Other Client appointments
• Basic Fee, Time Charges, Expenses and payment)
• PI Insurance
• Dispute resolution
• Information Formats (PDF, software formats)
• Supplementary agreements (novation, warranties,
Third Party rights)
Contract Conditions - contents

Definitions of Terms
1. General Interpretation
2. Client Responsibilities
3. Architect/Consultant’s Responsibilities
4. Assignment and sub-contracting
5. Fees and expenses
6. Copyright and Licence
7. Architect/Consultant’s Liability
8. Professional Indemnity Insurance
9. Suspension or termination
10. Dispute resolution
11. Information Formats
Contract Conditions – Client’s Responsibilities
Clause 2.1: Information, decisions, approvals

The Client shall:
• ‘inform the Architect/Consultant of the Project Brief, the
Construction Cost, the Project Programme and the Services required
and of any subsequent changes required and agree steps to mitigate
the consequences.’
• ‘provide…information…necessary for the proper and timely
performance of the Services.’
• ‘make decisions and give approvals as necessary
for the proper and timely performance of the Services’
• ‘not deal with the Contractor(s) directly or interfere
with the Architect/Consultant’s duties under the
Building Contract.’
• ‘pay any statutory charges and fees
(planning,building regs etc)

Clause 2.2: Instructions
• The Client may issue reasonable instructions to the
Architect/Consultant.
• The Client’s named Representative...shall have full authority to act
on behalf of the client.
NOTE:
Important that Architect/consultant receives, or confirms,
all client instructions via the Client’s Representative.
Also maker it clear that the Architect/consultant is not
responsible for any client instructions otherwise or directly
to sub-consultants or contractors

Clause 2.3: Warranties
• The Client acknowledges that the Architect/Consultant does not warrant:
• ‘that planning permission and other approvals from third parties shall be
granted at all or, if granted, in accordance with any anticipated timescale.’
• Compliance with the Project Programme and Construction Cost which
may need to be reviewed (Client variations, market prices fluctuations,
delays caused by Other Client Appointments or the Contractor, unknown
conditions)
• Competence, performance, work services, products
or solvency of any other Client Appointments or the
Contractor
NOTE:
Important the Client acknowledges that the Architect/
consultant does not warrant factors beyond their control,
including planning and building regulation approvals.
Contract Conditions – Architect/Consultant’s

Responsibilities
Clause 3.1: Duty of Care
‘In the performance the Services and discharging 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.
Important Note:
Professional obligations are based on the legal concept of
‘duty of care’ and professional negligence if the expected
reasonable skill and care are not exercised. This is very different
from the usual ‘fitness for purpose’ or ‘satisfactory quality’
which is a legal obligation (warranty or guarantee) for the
provision of goods
(Common Law, Provision of Services Regulation 2009
and Supply of Goods & Services Act 1982)
Main legal principle for professional services:

Duty of Care

Duty of Care
“Duty of Care” versus “Fitness for Purpose”

Negligence versus Warranty /guarantee
brains? or beans?
Good link: www.fenwickelliott.com/research-insight/annual
-review/2014/understanding-design-duty
Another key principle for professional services:

Duty of Care by the ‘neighbour principle’
Donoghue v Stevenson (1932)

(also known as the ‘Paisley Snail’ or ‘Snail in the Bottle’ case)
The story of the ‘Snail in the ginger beer bottle’

Mrs Donoghue drinks a bottle of ginger beer in a café in Paisley.
A dead snail was in the bottle. She fell ill, and she sued the ginger
beer manufacturer, Mr Stevenson. The House of Lords held that the
manufacturer owed a duty of care to her, which was breached,
because it was reasonably foreseeable that failure to ensure the
product's safety would lead to harm of consumers.
In his judgement, Lord Atkin developed the ‘neighbour principle’:
‘You must take reasonable care to avoid acts or omissions which
you can reasonably foresee would be likely to injure your neighbour’
Another key principle for professional services:

Negligence
Donoghue v Stevenson (1932)

Is a key legal case that created a new legal concept of negligence,
by setting out general principles whereby one person would owe a
duty of care to another person.
This decision created a new type of liability in law which did not
depend upon any previously recognised category of tortious claims.
This was an evolutionary step in the common law for tort and created
the following tests to prove negligence in any duty of care:
1. Existence of a duty of care owed by the defendant to the claimant
2. Breach of that duty by the defendant
3. Damage or loss suffered by the claimant, then must also establish:
4. That the breach caused the damage/loss (causation) and
5. The damage suffered was reasonably foreseeable (remoteness)

Duty of Care
Legal definition for the degree of skill and care: “...the test of whether the
architect is in breach of his duty to [his client] is whether an architect did or did not
exercise the skill and care to be expected of an ordinary architect exercising and
professing to have that skill. Although in general the duty of an architect ... is only to
exercise reasonable skill and care, a higher duty may be imposed exceptionally if the
circumstances show that it was the common intention of the parties that the architect
.... design a building which would be fit for its purpose. It is evidence of ignorance
and lack of skill that the architect has acted contrary to the established practices that
are universally recognised by members of the profession. It is not sufficient to
establish a breach of duty to show that another architect of greater experience and
ability might have used a greater degree of skill and care".
(Halsbury's Laws of England, fourth ed. Vol. 4(2))
Concurrent tortious liability: a duty of care to the client may arise under the law of
tort in addition to the contractual undertaking to exercise reasonable skill and care.
(Donoghue v Stevenson (1932), Midland Bank Trust -v- Hett, Stubbs & Kemp (1978),
Murphy v Brentwood District Council (1991)

Responsibilities
Continued…Clause 3.1 Duty of Care
‘…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…any greater duty than the exercise of such reasonable skill,
care and diligence.’
Note:
• This is very useful new additional wording in the PSC 2018,
not in previous RIBA Appointment Agreements; it provides
protection form any ‘fitness for purpose’ duties and obligations.
• For bespoke/altered agreements, look out for any terms that
may impose duties of obligations beyond the common law
obligation to exercise reasonable skill, care and diligence –
particularly absolute performance / fitness for purpose criteria
which may not be covered by standard PII policies.

Responsibilities
Clause 3.2: Project Brief – Duty to Inform
‘The Architect/consultant shall perform the services with due regard to the
project brief. 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.’
• ‘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.’
Note:
This is a less onerous duty and than a ‘duty of care’, but need to
keep the client informed - as soon as you become aware - of any
material issues that will impact on the brief, cost, programme or
quality, and any decision, information or action required.

Responsibilities
Clause 3.2.6: Project Brief – Duty to Collaborate
‘…collaborate with any Other Client Appointments names in the Contract
Details or any other parties who might reasonably be expected to perform
work or services and , where indicated in the Services…co-ordinate
relevant information received… but…shall not be responsible for the
content of the information received.’
Note:
This is a less onerous duty and than a ‘duty of care’, but it is still
a contractual obligation to work with the rest of the client’s project
team and to co-ordinate information. But this clause also makes
it clear that the architect/consultant is not responsible or liable for
the performance and information provided by the others.
Useful to ensure this is also explicit in any bespoke contract.

Responsibilities
Clause 3.2.4+5+6+7: Project Brief – Authority
The Architect/Consultant can ‘act on behalf of the Client in matters set out
in the Contract’ but this authority depends on having the ‘Client’s prior
written approval’, particularly if making material alteration to the Services
or the approved design.
Also, if acting as Contract Administrator for the Building Contract,

must ‘ exercise impartial and independent judgement
when acting as an intermediary between the Client and
the Contractor’.

Responsibilities
Clauses 3.3 & 3.4 – Publicity and Confidentiality
‘The Architect/Consultant has right to publish photographs of the Project,
and the Client shall give reasonable access to the Project for this purpose
for 2 years after Practical Completion’.
‘The Architect/Consultant shall not disclose Confidential Information unless:
• disclosure is necessary to perform the duties
• it is already in then public domain
• required by law or dispute resolution
Contract Conditions – Assignment

Clause 4 – Assignment & sub-contracting
• 4.1 Neither the Architect/Consultant nor the Client can assign the benefits
of the agreement, or any rights arising under it, without prior written
consent of the other (not to be unreasonably withheld or delayed).
• 4.2 The Architect/Consultant can not sub-contract any part of the
Services without prior written consent of the Client, . But this does
not relieve the Architect/Consultant of any responsibilities for their
services.
• 4.3 The Architect/Consultant has a duty to inform
client of need for any other consultants’ services for
the project. Ensure any recommended consultant
has the requisite skills and resources, including PII
and understand contractual relationships
• 4.4Duty to execute any Collateral Warranties or Third
Party Rights within 14 days, but they must be on
same/agreed terms as the Contract.
Contract Conditions – Novation & Warranties

Clauses 4.5-4.8 – Novation
• Client has provision to novate the Contract to a Contractor (D&B), but the
Architect/Contractor is not obliged to be novated and can then terminate
the Contract.
• Terms of any novation to be similar to the original Contract and the
Architect/Consultant’s responsibilities transfer to the new ‘Client’. The
PSC includes speciific clauses for any novation agreement to clarify this.
(these are aligned with the CIC Novation Agreement)
Note:
Carefully check the terms and conditions of any novation
agreement (and other forms of assignment) are no more
onerous are acceptable with your PI insurers and lawyers.
Contract Conditions – Fees and Expenses

Clause 5 – Fees and Expenses
Basic Fee for the performance of the Services can be:
• Percentage of the Construction Cost (based on latest cost estimate then
contract sum on completion; excluding VAT, fees, claims)
• Lump sum
• Time charge based on agreed rate by amount of time reasonably spent
Basic Fee shall be adjusted for loss or expense for:
• Material changes made to the Brief, Construction
Cost, Programme (but not if due by breach by consultant)
• Services varied by agreement
• Compensation for deflation of Construction Cost

Additional Fee for additional work or expense beyond the
Architect’s control, calculated on a time basis for:
• Work outside of the Construction Cost
• Repeated revisions
• Late alterations
• Delay, disruption, promulgation
• Additional meetings or site visits
Inform the Client on becoming aware of any
additional fees
Maintain records of time spent for any expenses
and disbursements and make these available to
Client on request

Payment Notices for invoicing fees at agreed intervals, to be paid
within 14 days of issue. If not paid the Architect can:
• Charge Interest and debt collection costs
• Suspend use of copyright licence
• Suspend /terminate services
• Commence dispute resolution
• If client intends to pay less than the notified sum,
then needs to give written notice, with reasons.
• Contracts exclude the right to set-off
Contract Conditions – Copyright & Licence

Clause 6 – Copyright and License
• Architect/Consultant owns copyright and grants a licence to the
Client and asserts moral rights (Registered Designs Regulations 2001)
• Client can use licence for purpose intended if all due fees are
paid (Architect can suspend licence on 7 days notice for non-payment of fees)
• Architect not liable for any other use or modifications by others
to the design/information
• CAD/BIM digital information provided in PDF
format only (unless agreed otherwise)
Note:
Important and valuable right to retain copyright and
only grant a license for specific use.
Contract Conditions – Liability & PI Insurance

Clauses 7+8 – Architects/Consultant’s Liability & PII
• Defined time limit for actions against breach of duty
6-12 years from date of the last Services performed or date of
Practical Completion, whichever is earlier
• Limit liability by net contribution from other liable consultants and
contractors with similar cover/limits (not ‘joint and several’ liability)
• Limit liability by insurance cap to PII cover specified in Contract Details
• No personal liability for employees/directors of LLP
• PII cover limited until end of liability period or
if not longer commercially available
Need to provide evidence of insurance when reasonably
requested and to inform client of any PII changes.
Note:
‘Net contribution’ also reintroduced to Domestic contract
Following recent case law, with liability proportionate to
extent of responsibility for loss and/or damage (7.3)
Contract Conditions – Suspension+Termination

Clause 9 – Suspension & Termination
• Client may suspend service by giving 7+ days notice
• Architect may suspend service by giving 7+ days notice but only
with specific reasons:
• Client has not paid fees due
• Client is in material/persistent breach of their obligations
• Architect prevented from performing services
• Architect does not agree with Novation of Contract
• Immediate termination if either party becomes
bankrupt, goes into administration or liquidation,
insolvent, death or incapacity.
• Automatic Termination after 6 months Suspension
Note:
Client entitled to licence for material paid for to that point.
Contract Conditions – Dispute Resolution

Clause 10 Dispute Resolution
• Client and Architect should first try to resolve any dispute by
negotiation or mediation, if that does not work, use agreed
ADR systems….
• Mediation
• Adjudication (final)
• Arbitration (Final)
• or onto Litigation
Notes:
Ensure Client is aware of your complaints procedure,
to avoid getting into a dispute and to negotiate a solution.
Ensure the Client understands the ADR options
Standard and Concise: automatic right to adjudication
under HGRA, but mediation advocated in first instance
Domestic: right to refer any dispute to the courts but attempt
at ADR first may be a precondition.
Nomination made by the RIBA where no agreement
Contract Conditions – Information Formats

Clause 11 Information Formats
• All digital/electronic drawings/documents to be issued in
PDF format (unless agreed otherwise)
• Provision and use of information dependent on Copyright
• Architect/Consultant liability limited against any corruption,
unintended amendment or modification of their data, following its
issue.
Note:
Agree the format for the output of digital data with the Client
at the outset – PDF is the default. If a BIM protocol is necessary,
ensure that the design team are working to the same one and
that deliverables and data drops are agreed.
Schedule of Services
Schedule to describe scope of the work to be done by the
Architect/Consultant, on which the fee is based, has 4 parts:
• Roles Specifications for each role for each RIBA work stage
• Architectural Consultant – for architectural design
• Lead Designer – managing and coordinating design
• Project Lead – managing project and programme
• Contract Administrator – administering the Building Contract
• Specials Roles (list as many as required)
• The Services selected by a tick list
• Other Services lists other specific services
• Additional Services excludes all other services
unless agreed, can have an additional fee
Note:
The Schedule of Services should accurately reflect the Client’s
requirements, and state which Services are not included or
being carried out by others.
Principal Designer (CDM) duties covered by a separate PSC
Concise Contract
Key Differences with Standard Contract:
• Same level of obligations and conditions as the Standard form,
but shorter Services Schedules; Collateral Warranties and Novation
provision removed; Copyright conditions
• Simplified for less complex projects but still for use only by
corporate/commercial clients and not for consumer clients.
(i.e. it is a “construction contract” to which the Housing Grants, Construction and
Regeneration Act 1996 applies)
Note:
Parties need to consider if the Concise Conditions
are compatible with the complexity of the project
Conclusion – key points to remember:

• RIBA and ARB codes of conduct require a comprehensive
appointment agreement in writing
• Use the right form of contract to ensure appropriate legislation
is covered, pertinent to the client/project/procurement
• Check the name of the client in the agreement is the same as
you anticipated and is a commercial or a consumer client
• Ensure the client understands the payment provisions
• Don’t undertake work which is beyond the resources you can
access as a practice
• Don’t change ‘duty of care’ or agree to increased liabilities
• Retain copyright and set PII limits
• Don’t provide guarantees for anything beyond your direct control
or take on responsibility for the work of others
• If possible, don’t start any work until the agreement is signed
Conclusion – Purpose of using a standard form

of appointment contract
• Engage an Architect within a framework which has a proven

legal basis and incorporates standard industry practices
• clarify the respective undertakings of the parties, providing
comfort and protection for both client and architect
• establish a fair and reasonable allocation of risks between
client and architect
• define fees and payment arrangements and retain copyright
• comply with RIBA & ARB code of conduct requirements
• avoid misunderstandings & disputes
• enable a successful client-architect relationship
6pm Tuesday 23 March 2021

Questions & Discussion
© Richard Brindley rbrindley.consult@gmail.com

RIBA Prof Services Contracts - Bartlett PT 3 23 Feb 2021 Lecture

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RIBA Prof Services Contracts - Bartlett PT 3 23 Feb 2021 Lecture

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Appointment Contracts

RIBA Professional Services Contracts 2020

RIBA Professional Services Contracts 2020

Richard Brindley – March 2021 ©

• History of Architects’ appointments

• Q&A discussion - 6pm Tues 23/3/21

History of Architects’ appointments - 2500BC

Architects’ contracts have always

History of Architects’ appointments – 1670s

"handsome and noble to all the

History of Architects’ appointments – 1890s

1872 Introduction of RIBA Contracts,

History of Architects’ appointments – 1950s

Introduction of standard contracts

History of Architects’ appointments – 1970s

Suite of new RIBA & JCT standard

History of Architects’ appointments – 1980s

Arrival of CAD, H&S legislation;

History of Architects’ appointments -2010s

Variety of procurement routes

Current Architects’ appointment contracts

RIBA Professional Services Contracts 2020

Current legal context shaping these contracts:

Why do we need a standard form of contract

Compliance with ARB & RIBA codes

• You must have a written agreement in place before you

Compliance with ARB & RIBA codes

RIBA Codes of Conduct and Practice, Principle 2, 2.1:

What should an Architect’s Appointment

RIBA Professional Services Contracts 2020

5 different types of RIBA standard contracts:

Available from www.ribacontracts.com

Choosing the right type of contract

Choosing the right contract - Standard

• Building Contract : Standard (RIBA or JCT)

Choosing the right contract - Concise

Choosing the right contract - Domestic

Choosing the right contract - Principal Designer

Choosing the right contract - Principal Designer

PD Schedule of Services based on CDM2015:

Choosing the right contract – Sub-Consultant

Choosing the right contract – Bespoke

Bespoke Contracts are often demanded and used by clients,

If faced with a bespoke contract, or schedules of amendments,

Choosing the right contract – Bespoke

Areas of concern to look put for in Bespoke Contracts:

Choosing the right contract – Bespoke

Areas of concern to look put for in Bespoke Contracts:

• Liability periods (longer than 6 or 12 years)

Choosing the right contract – Letter

Letter contracts are sometimes used for very small projects,

At the very least letter contracts must cover:

• ARB codes of conduct requirements

All RIBA PSCs are based on

Components of RIBA Standard PSC 2020

• Agreement (replaces previous memorandum)

• Signed/executed as simple contract or deed

• Status of parties (registered companies or not?)

Contract Conditions - contents

Contract Conditions – Client’s Responsibilities

Clause 2.1: Information, decisions, approvals

Contract Conditions – Client’s Responsibilities

Contract Conditions – Client’s Responsibilities