THE ASSOCIATION OF CONSULTING ENGINEERS

CONDITIONS OF ENGAGEMENT 1995

2ND EDITION 1998

AGREEMENT A(2)

CONSULTING ENGINEER ENGAGED

AS LEAD CONSULTANT

MECHANICAL & ELECTRICALSERVICESIN BUILDINGS

CONTENTS
Page
A MEMORANDUM OF AGREEMENT 3

B CONDITIONS OF ENGAGEMENT 13
B1 Definitions 13
B2 Obligationsof the ConsultingEngineer 17
B3 Obligationsof the Client 19
B4 Site Staff 20
B5 Commencement,Determination,Suspension,Disruption and Delay 21
B6 Payment 23
B7 Ownershipof Documentsand Copyright 27
B8 Liability, Insuranceand Warranties 28
B9 Disputesand Differences 29
B 10 Notices 29

c SCHEDULE OF SERVICES 30
Normal Services 30
C1 AppraisalStage 30
C2 StrategicBriefing Stage 30
C3 Outline ProposalsStage 31
C4 DetailedProposalsStage 32
C5 Final ProposalsStage 33
C6 ProductionInformation Stage 34
C7 TenderDocumentationand TenderAction Stage 34
C8 Mobilisation, Constructionand Completion Stage 35
C9 General 36
Additional Services 37
C 10 Additional Servicesto be performedby the ConsultingEngineer 37
C 11 Additional Servicesto be performedby others 39

Publi,;hed:February1999

This Agreement is publi,;hed as a model fonn and the Memorandum must be completed to suit the requirements and circumstances of the
panicular commission for "hich it is to be used. A separate booklet Guidance on Completion is provided with each Agreement and its use is
strongly recommended.

Thr: '\,~i3tinn nf Consultin2 En2inCC'~ C3n 3CCCDtno li3bilitv in re,;~ of 3nV u~ to ~hjch ,~ A2TCC'nYnt!n3V bc out
 c SCHEDULE OF SERVICES AgreementA(2)
-[I

CI-C9 NORMAL SERVICES

Cl Appraisal Stage Seekthe Brief and instructionsfrom the Client describinghis

requirementsincluding what the Projectis intendedto achieve,its
cost and programme.

.2 Discusswith the Client the role of the Consulting Engineerand his

relationshipwith and needfor any Other Consultantsand the
various Contractorsand Sub-Contractorsand any planning
supervisorappointedin accordancewith the Construction(Design
and Management)Regulations.

1~ Discusswith the Client the likely requirementsfor Site Staff; these

shall be consideredagain prior to and following the appointment
of Contractors.

C2 Strategic 2.1 Seekfrom the Client all information and documentsto be

Briefing Stage provided by the Client underB3.1.

2.2 Preparea questionnairefor the Client following study of the above

information to seekhis strategicbrief confirming key objectives
and constraints.

2.3 Outline the effectsof limitations of the site on the Project and the
Works causedby the topographyand any reasonablyidentifiable
previoususesthereof andthe presenceor possiblepresenceof
contaminantsas a result of suchuseswhere such mattersare
apparentfrom the documentsand other information provided by
the Client under B3.1.

2.5 Obtain suchinformation as is reasonablyavailablefrom

documentson the existenceand extent of public servicessuch as
water, gas,electricity, sewerage,culverts, tunnels and
telecommunicationsservicesand commentto the Client on any
effect that thesemay have on the Project,both during construction
of the Project and on completion.

2.6 Commentto the Client on any physical site restrictionswhich may

affect the engineeringoptions for the Project.

2.7 Arrange for othersto preparea desk study of the geology of the
site. If necessary,and with the Client's agreement,bring forward
from C3.2 of the next stagea full site investigation.

Seekfrom the Client any further information neededby the

Consulting Engineerand any Other Consultantsso that they can
perform their servicesunder their various agreementswith the
Client.

Make initial recommendationsto the Client on the technical

viability of the Works or, if so required,of the Project with
suggestionsfor amendingthe Brief.

30
c SCHEDULEOF SERVICES AgreementA(2)

2.10 Outline to the Client the Client's and the ConsultingEngineer's

obligations under the Health and Safetyat Work etc Act 1974and
any relevantstatutory instrumentsissuedunderthat Act.

2.11 Seekthe Client's consentto proceedto the Outline Proposals

Stage.

C3 Outline After receiving the Client's consentto proceedto the Outline Proposals
Proposals Stage Stage:

3.1 Visit the site and study data and information relating to the Project
and relevantto the Works which are reasonablyaccessibleto the
Consulting Engineer,and considerreportsrelating to the Works
which haveeither beenpreparedby the ConsultingEngineeror
have beenpreparedby othersand madeavailableto the
Consulting Engineerby the Client.

3.2 Advise the Client on the needfor othersto adviseon any

arrangementsto be madefor geotechnicalinvestigationsof the
site. Arrange as agentfor the Client when authorisedby him for
suchinvestigationsto be undertaken,certify the amountof any
paymentsto be madeby the Client to the personsor finns carrying
out suchinvestigationsand advisethe Client on the resultsof such
investigations.

3.3 Advise the Client on the needfor arrangementsto be madefor and

define the extent of topographicaland dimensionalsurveysof the
site, surveysto obtain detailsof constructionin existenceon or
adjacentto the site, specialinvestigationsor model tests. Arrange
as agentfor the Client when authorisedby him for such works to
be undertaken,certify the amountof any paymentsto be madeby
the Client to the personsor firms carrying out suchworks, and
advisethe Client on the resultsof suchworks.

3.4 Consult any local or other authoritiesabout mattersof principle in

connectionwith the designof the Project.

3.5 Consideralternativeoutline solutionsfor the Project.

3.6 Develop the Client's Brief into a full Brief for the Project in
consultationwith the Client and any Other Consultants. Such
Brief shall describethe Client's requirementsin respectof the
Servicesand both the Client and the Consulting Engineershall
work to the Brief. Discussand agreewith the Client any changes
to the arrangementsfor paymentsto be madeto the Consulting
Engineer(as given in the Memorandumof Agreement)which may
have becomenecessaryas a result of changesto the Brief.
Commentto the Client on any restrictionsthe Brief may impose
on any future useof the Projectsuggestedby the Client.

31
 c SCHEDULE OF SERVICES AgreementA (2)

17 Providesufficient preliminary information in the form of advice,

sketches,repol1sor outline specificationsto enableany Other
Consultantsto preparetheir outline proposalsand input to the
outline Cost Plan.

3.8 Providean approximationat current pricesof the overall cost of

meetingthe Client's requirementsfor the Works basedupon unit
volume,unit areaor similar availablestatistics.

3.9 Collate.coordinateand presentthe outline proposalsand Cost Plan

to the Client.

3.10 After review, seekthe Client's approvalof the outline proposals

and the Client's consentto proceedto the Detailed Proposals
Stage.

C4 Detailed After receivingthe Client's approvalof the outline proposalsand the

Proposals Stage Client's consentto proceedto the Detailed ProposalsStage:

4, Liaise as may be necessarywith the Client and any Other

Consultantsand prepareand submit a compositeprogrammefor
the whole of the designand constructionof the Project.

4.2 Developthe designof the detailedproposalsfor the Project in

collaborationwith any Other Consultants.

4.3 Negotiatewith public and other utility authoritiesfor provision of

necessaryincoming services.

4.4 Prepareor seekfrom otherssuchrepresentativesketches,

drawings,specifications,and/orcalculationsas are necessaryto
enablethe Consulting Engineeror any Other Consultantto prepare
the Cost Plan.

4.5 Provideby way of SketchDrawings or schedulesthe structural

planningrequirementsfor the engineeringservicesshowing
locationsand approximatesizesof plant rooms,major items of
plant, major ducts and serviceruns and provide the approximate
weight of any item affecting the structuraldesign.

4.6 Integratethe se[\/icesof the Other Consultantsin relation to the

detailedproposalsand the resultsof their work with that of the
ConsultingEngineer.

4.7 Assessand prepareschedulesof power. heatingand cooling loads

as applicable. Re\'iew and agreethe thennal perfonnance
standardsfor the facadesand roofs of buildings with any Other
Consultants. Re\'iew and updateas necessar)'the general
considerationsaffecting the selectionof energysources.

32
 c SCHEDULE OF SERVICES AgreementA (2)

4.8 Prepareor seekfrom otherssuch information as is necessaryto

enablethe Consulting Engineeror any Other Consultantto prepare
the detailed proposals;presentthe detailedproposalsto the Client.
drawing attentionto any significant differencesfrom the
previously agreedrequirementsof the Client.

4.9 Seekthe Client's approvalof the detailedproposalsand the

Client's consentto proceedto the Final ProposalsStage.

C5 Final After receiving the Client's approvalof the detailedproposalsand the

ProposalsStage Client's consentto proceedto the Final ProposalsStage:

5. Seekfrom Other Consultantssuchinfonnation as is necessaryto

enablethe Consulting Engineeror any Other Consultantto prepare
the final proposals.

5.2 Develop the designof the Project in collaborationwith any Other

Consultantsand preparesufficient calculations,Schematic
Drawings, schedulesand specificationsto enablethe Consulting
Engineeror any Other Consultantto preparethe final proposalsin
respectof the Project.

5.3 Coordinatethe servicesof any Other Consultantsto develop the

designof the Project.
~

5.4 Monitor the activities of any Other Consultantsto measureactual

progressagainstthe programmeand report to the Client.

5.5 Check that the designinformation provided by the Consulting

Engineerand any Other Consultantsis consistentand integrated
where necessaryso that eachconsultantcan make use of the
design information providedby the Other Consultantsas necessary
to completehis servicesand so that the resultssubmittedto the
~ Client in accordancewith the ConsultingEngineer'sAgreement
are coordinatedand internally consistent.
~

~
5.6 Coordinatethe designof the Works into the overall design for the
Project.
~
5.7 Provide Builders Work Information for the Works sufficient to
~ allow developmentof the structuraldesignand preparationof bills
of quantitiesby any Other Consultant.

5.8 Preparea revisedcost approximationof the Works on the same

basisas at C3.8.
~
5.9 Prepareoutline specificationsand SketchDrawings for the Works.

5.10 Integrateinto the designof the Works any requirementsof

specialistsub-consultants,Contractorsor Sub-Contractors.

33
c SCHEDULE OF SERVICES AgreementA (2)

5.11 Presentthe final proposalsto the Client, drawing attention to any

significant differencesfrom the previously agreedrequirementsof
the Client.

5.12 Preparepre-tenderdocumentsand drawingsas necessary.Invite

quotationsfor equipment,report upon offers receivedand select
equipment.

5.13 Seekthe Client's approvalof the final proposalsand the Client's

consentto proceedto the ProductionInformation Stage.

C6 Production After receiving the Client's approvalof the final proposalsand the Client's
Information consentto proceedto the ProductionInfonnation Stage:
Stage
6.1 Monitor the activities of any Other Consultantsto measureactual
progressagainstthe programmeand report to the Client.

6.2 Monitor the activities of any Other Consultantswith regard to any

submissionsthey are making in applying for approvalsin respect
of the Project.

6.3 Preparesuchcalculationsand detailsrelating to.the Works as may

be required for submissionto any appropriatestatutoryauthority
including the co-ordin.ationof suchinformation for the Works
submittedby Other Consultantsspecialistsuppliersand/or
Contractorsas is availableand make submissionsto the relevant
authoritiesfor the purposeof applying for suchapprovalsas are
requiredby statutoryregulationsfor the Works to be constructed
excluding any submissionsor applicationsfor planning consentor
approval.

6.4 Following submissionof drawingsand other infonnation relevant

to the Works by any Other Consultants,coordinatedimensional
and similar requirementsfor engineeringservicesand any special
provisions for the fixing of componentsassociatedwith the Works.

6.5 PrepareDetailed Design Drawings for the Works.

6.6 Preparespecificationsfor the Works.

6.7 Advise the Client on the needfor any specialconditionsof

contractrelevant to the Project and on appropriateforms of
contract and invitations to tenderfor the Project.

6.8 Seekthe Client's consentto proceedto the TenderDocumentation

and TenderAction Stage.

C7 Tender After receiving the Client's consentto proceedto the Tender

Documentation Documentationand TenderAction Stage:
and Tender
Action Stage 7. Ad\'ise the Client as to the suitability for carrying out the Project
or the Works of personsand finns to be invited to tenderfor any
contract invol\'ing the construction.supply and/or installationof
all or part of the Project or the Works.
c SCHEDULEOF SERVICES AgreementA(2)

7.2 AssembleTenderDocumentationand issueto firms selectedto

tender.

7.3 With the assistanceof any Other Consultantadvisethe Client as to

the relative merits of tenders,prices and estimatesreceivedfor
executionof all or part of the Project.

7.4 Seek the Client's consentto proceedto the Mobilisation.

Constructionand Completion Stage.

C8 Mobilisation, After receiving the Client's consentto proceedto the Mobilisation,

Construction Constructionand Completion Stage:
and Completion
Stage 8. Advise the Client on the tinalisation of formal contractdocuments
relating to acceptedtendersfor carrying out the Projector any part
thereof. The Consulting Engineershall not acceptany tender in
respectof the Project or the Works.

8.2 Provide suchfurther information as is reasonablynecessary,in the

opinion of the ConsultingEngineer,to enablethe Contractor
and/or Sub-Contractorto prepareInstallation Drawings.

8.3 Examine Installation Drawings,ShopDrawings and Builders

Work Details submittedby Contractorsfor the Works or parts
thereof, in respectof the~esign intent and compliancewith
performancecriteria. The ConsultingEngineershall not be
requiredto examinethe designof any proprietaryproducts
manufacturedor suppliedby Contractorsor Sub-Contractors.

8.4 Advise the Client on the needfor specialinspectionsor tests

arising during the constructionof the Project or the Works.

8.5 Advise on the appointmentand duties of Site Staff in accordance

with B4.

8.6 ExamineContractors'proposalsas may be requiredby contracts

for the Works but not the considerationof alternativedesignsfor
the Works submittedby Contractors.

8.7 Attend relevantsite meetingsand makeother periodic visits to the

site as appropriateto the stageof constructionor as otherwise
agreedto monitor that the Works are being executedgenerally in
accordancewith the contractdocumentsand with good
engineeringpracticeand considerwith any Other Consultantsthe
needfor instructionsto Contractors.The numberof periodic visits
by the Consulting Engineershall be as specifiedin A 17 or as
otherwiseagreedbetweenthe Client and the Consulting Engineer.

8.8 Prepareor seekfrom otherssuchinformation as is necessaryto

enablethe Consulting Engineerto preparecertificates for payment
to Contractorswhererequiredunderany contract for the Project
or, wherea quantity surveyoris engageddirectly by the Client as

35
 c SCHEDULE OF SERVICES AgreementA(2)

an Other Consultant,to advisethe quantity surveyorin respectof

the preparationof the certificatesfor the Works and issue
certificatesfor paymentto Contractorswhererequiredunder any
contractfor the Project.

8.9 Perform any servicesincluding thosein C8.14 but other than those
in C I 0.27 and C 10.28which the ConsultingEngineermay be so
requiredto do underany contractfor the executionof the Project
including where appropriatethe witnessingof any specified tests,
provided that the ConsultingEngineermay decline to perform any
servicesspecifiedin a contract,the termsof which have not been
approvedby the ConsultingEngineer.

8.10 In collaboration with any Other Consultantsexaminethe proposals

of Contractorsor Sub-Contractorsfor carrying out commissioning
proceduresand performancetestingin relation to the Project or the
Works. Commentto the Client on any requirementsof these
proposalsaffecting the programmeand progressof the Project.

Subsequentto settingto work and regulationof the buildings,

plant and equipmentof the Works by Contractorsand Sub-
Contractors,examinethe resultsof commissioningand the
documentaryrecordsthereof. In collaborationwith any Other
Consultantsreview the resultsof commissioningthe Project and
report the resultsto the Client.

Inspectthe Project and the Works on completionand, in

conjunction with any Site Staff, record any defects.

On completion of the Project receivecopiesof RecordDrawings

operatinginstructionsand maintenancemanualspreparedby
Contractorsor Sub-Contractorsif so requiredundertheir contracts
for constructionand deliver one copy of the sameto the Client. If
so requesteddeliver to the Client one copy of eachof the final
drawings suppliedto Contractorsfor the purposeof constructing
the Project.

Perform work or advisethe Client in connectionwith any claim or

matter where suchclaim or matterarisesout of any contractfor
the executionof the Project or the Works and is referredfor the
first time to the Consulting Engineerprovidedthat this service
shall not extend to the detailedexaminationof any financial claim
nor to advising the Client following the taking of any stepin or
towards any resolutionof any disputeor differenceor towardsany
adjudication.arbitration or litigation in connectionwith the Project
or the Works.

C9 General Without prejudice to the precedingprovisionsof this Clause.the

Consulting Engineershall from time to time as may in his opinion be
necessar)'.advisethe Client as to the needfor the Client to be provided
with Additional Servicesin accordancewith C 10or C II.

36
c SCHEDULEOF SERVICES AgreementA(2)

CI0-Cll ADDITIONAL SERVICES

As Servicesadditional to thosespecifiedin C 1 to C9. the Consulting

Engineershall. if requestedor consentedto by the Client. perfonn as
Additional Servicesany of the serviceslisted in C 10 and take all
reasonablestepsto arrangefor the perfonnanceby otherson behalf of the
Client of any of the servicesspecifiedin C 11.provided alwaysthat if the
Client and the Consulting Engineeragreethe ConsultingEngineermay
perfonn any of the serviceslisted in C 11which he is competentso to do.

CIO Additional 10. Prepareany report or documentationrequiredfor considerationof

Servicesto be proposalsfor alternativeworks.
perfonned by
the Consulting 10.2 Work consequentupon a decisionby the Client to seek
Engineer: Parliamentarypowers.

10.3 Work done in connectionwith any applicationby the Client for

any order, sanction,licence,permit or other consent,approval or
authorisationnecessaryto enablethe Works to proceedincluding
planning consentsor approvalsbut other than applicationsfor
approvalsunderC6.3.

10.4 Prepareany information necessaryfor the Client's negotiations

with third partiesincluding ground landlords,financing bodies and
adjoining site owners.

10.5 Work in making initial recommendationsto the Client on the

economicand financial viability of the Projector the Works.

10.6 Advise the Client on the needfor arrangementsto be madefor

contaminationinvestigationson the site. Arrange as agentfor the
Client when authorisedby him for suchinvestigationsto be
undertaken,certifying the amountof any paymentsto be madeby
the Client to the personsor firm carrying out suchinvestigations
and advisethe Client on the resultsof such investigations.

10.7 Work in connectionwith providing a feasibility study.

10.8 Work in consideringalternativedesignsfor the Works submitted

by Contractors.

10.9 Develop energyefficient strategiesfor the fabric and engineering

servicesof buildings in respectof the Projector the Works.

10.10 Develop a condensationanalysisin respectof the Project or the

Works.

10.1 Evaluationof the acousticalrequirementsof the building design

and constructionwith respectto designnoisecriteria.

10.12 Measurementand analysisof ambientnoiselevels.

17
 c SCHEDULE OF SERVICES Agreement A (2)

PrepareShop Drawings for fabricationof structuralsteelwork,

ductwork or metal, timber or plastic frameworksor other specialist
suppliedcomponents.

10.14 PrepareInstallation Drawings for the Works.

10.15 PrepareBuilders Work Details basedon Installation Drawings.

10.16 Check and/or advise upon any part of the Works not designedby
the Consulting Engineer.

1017 PrepareCoordination Drawings including incorporatinginto such

CoordinationDrawings detailsof any engineeringservicesor
public health servicesdesignedby others.

10.1R Provide specialisttechnical adviceon the control and exclusion of

environmentalhazardsincluding methaneand radon.

10.19 Assessor agreewith any Contractoror Sub-Contractorthe value

of any variations to the Project or the Works.

10.20 Negotiateany contract and/or sub-contractselectedother than by

competitive tendering.

10.21 Monitor by such meansas the ConsultingEngineershall consider

appropriatethe performanceof Contractorsand Sub-Contractorsin
the developmentof the systemdesignand the production of
Coordination Drawings to meetthe requirementsof any
performancespecificationpreparedby the Consulting Engineer.

Make visits to site in addition to thoseallowed for in C8.7

10.23 Provide information to enablebills of quantitiesto be preparedfor

the Project or the Works.

Preparebills of quantitiesbasedon CoordinationDrawings for the

Project or the Works.

10.25 Price bills of quantities preparedfor the Project or the Works to

provide an estimatecomparablewith tenders.

10.26 Prepareoperating and maintenancemanuals,plannedmaintenance

schedules.Record Drawings and estimatesof cost in use.

10.27 Perfonn work or advisethe Client in connectionwith any claim or

matter where such claim or matterarisesout of any contractfor
the executionof the Project or the Works and is referredto the
Consulting Engineerand suchclaim or matter is basedon similar
or the samefacts or issueswhich have previously beenreferredto
the Consulting Engineer.

38
c SCHEDULEOF SERVICES Agreement A (2)

10.28 With any necessaryassistancefrom the Other Consultants

undertakethe detailedexaminationof any financial claim or
perfonn work or advisethe Client following the taking of any step
in or towardsthe resolutionof any disputeor differenceor towards
any adjudication,arbitration or litigation in connectionwith the
Project or the Works.

10.29 Work in supportof othersemployedto provide any of the services

specified in C II.

C11 Additional 11.1 Specialisttechnicaladvice on any aspectof the Works which is

Servicesto be not within the expertiseof the Consulting Engineer.
perfonned
by others: 11.2 Contaminationinvestigationson site.

11.3 Legal, financial and professionalservicesother than thoseoffered

by the ConsultingEngineerand within his competence.

11.4 Servicesin connectionwith the valuation,purchase,saleor leasing

of lands and the obtaining of wayleaves.

11.5 Topographical,dimensional,condition or analytical survey of sites

or existing works.

11.6 Quantity surveyingservicesother than the preparationand pricing

of bills of quantitiesfor the Project or the Works.

11.7 Investigationof the natureand strengthof existing structures.

11.8 Model testsor specialinvestigationsunderC3.3.

11.9 Independentcheckingof structuralor other designs.

11.10 Special inspectionsor testsadvisedby the Consulting Engineer

under C8.4.

1 11 Preparationof an environmentalimpact assessment

in respectof
the Project.

11.12 Evaluation of complex or novel builders work devicesfor natural

ventilation of buildings including flues and towers.

11.13 Carry out commissioningand testing proceduresand prepareall

necessaryassociateddocumentationfor permanentrecord thereof.

11.14 Specialstudieson durability and longevity issues,minimisation of

environmentalimpact and the useof non-renewableresources,and
on efficient wastedisposal.

39