Domestic House Owner Terms and Conditions (TOC) V2
1 The Architect shall provide the Services specified in the above letter, but shall exclude:
2 The Client shall pay the Architect the fees and expenses specified.
3 No action or proceedings for any breach of this Agreement arising out of, or in connection with this agreement whether in contact, negligence, tort or howsoever shall be commenced against the Architect after the expiry of six years from the date of practical completion of the Project.
3.1 The Architect's liability for the loss or damage shall be limited to such sum as the Architect ought reasonably to pay having regard to their responsibility for the same on the basis that all other Consultants, Sub consultants, Specialists and the Contractor, shall where appointed, be deemed to have provided to the Client contractual undertakings in respect of their services and shall be deemed to have paid to the Client such contribution as may be appropriate having regard to the extent of their responsibility for such loss or damage.
3.2 The liability of the Architect for any loss or damage arising out of any action or proceedings referred to in clause 2 shall, in any event be limited to a sum not exceeding GBP 250,000.00p.
3.3 For the avoidance of doubt the Architect's liability shall never exceed the lesser of the sum calculated in accordance with clause 3.1 above and the sum provided for in clause 3.2.
4 The Architect shall in providing the Services, exercise reasonable skill and care.
5 The Client is to provide the following information:
6 Payment shall be calculated, charged and paid as defined. On suspension of the Appointment, the Architect shall be entitled to, and shall be paid, fees for all Services provided up to that time, and to expenses incurred. Payment shall be due within 10 working days from the date of the invoice. We reserve the right to charge interest on a daily basis at 8% over base rate from overdue payments.
7 Where additional work and/or expense for which the Architect is not otherwise remunerated, caused by
The Architect shall be entitled to additional fees calculated on a time basis
9 The Architect shall give 14 days notice in writing to the Client of any circumstances, which make it impracticable for the Architect to carry out any of the Services in accordance with the timetable. Payment of work done up to date of termination will be done on a reasonable basis.
10 The Client may suspend the performance of any or all of the Services by giving likewise 14 days’ notice in writing to the Architect. However, to cover losses of income and project set up costs, there is a minimum termination charge of £1,000 plus VAT. In circumstances where our quoted fees are below the £1,000 plus VAT, the charge will be equivalent to the quoted fee. For the avoidance of doubt, unless agreed otherwise in writing, where a contract is signed for multiple work stages the loss of income will be calculated on the sum of all the stages whether completed or not.
11 The Architect cannot warrant: that statutory approval will be granted; the performance, work or the products of others; the solvency of any other body appointed by Client whether or not such appointment was on our advice.
12 Copyright in all documents and drawings prepared by the Architect and in any work executed from those documents and drawings shall remain the property of the Architect. So far as the reproduced building is used by the Client as a dwelling, the Client is granted a license to use the plans and documents for reproduction and the Architect is not liable howsoever in contract or tort for any defects that occur in any subsequent in part or whole of the a said drawings and documents. The license excludes the use for commercial gain.
13 Any difference or dispute arising out of the appointment shall be referred by either of the parties to arbitration by a person to be agreed between the parties.
14 The Client, in respect of any work or service in connection with the Project performed or to be performed by any person other than the Architect, shall:
- hold such person responsible for the competence and execution of his services and for visits to the site in connection with the work undertaken by him;
- ensure that such person shall co-operate with the Architect and provide the Architect drawings and information reasonably needed for the proper and timely performance of the Services;
- ensure that such persons, requested by the Architect, consider and comment on work of the Architect in relation to their work so that the Architect may consider making necessary changes to his work.
15 The Client shall hold the principal contractor and / or other contractors appointed to undertake construction work and not the Architect responsible for their management and operational methods, for the proper carrying out and completion of the works in compliance with the building contract and for health and safety provisions on the site.
16 When the Architect visits the site and can, without opening up, identify defects, he must report them without delay to the Client, and where appropriate, issue instructions as necessary.
17 Services to be provided by the Architect; as defined in the letter email of appointment
18 For the avoidance of doubt we only accept the role of Principle Designer under the CDM regulation for domestic work only up to design performance specification stage. All domestic work is done on a design and build contract basis. Thereafter it is the client's / contractor's responsibility to comply with the HSE regulations and to complete outstanding contractor's design elements.
19 Fees and Expenses
As defined in the letter of appointment
When necessary (i.e. work not encompassed by the
original agreement) rates for Services to be charged on a
time basis shall be calculated as:
A handling fee of 10 percent will be
added to all Disbursements / Expenses above £1,000 and 20%
for those below this sum:
Fees and Expenses shall be paid by
accordance with the following programme:
Our practice aims to provide a professional standard of service, but if at any time you are not satisfied, please bring the issue to my attention as soon as possible and we can discuss how to resolve the issue. We hope we shall be able to settle the matter by negotiation or mediation. However, either of us can refer the matter to adjudication under the RIBA consumer Contract Adjudication scheme. You can also bring complaints about standard of service to the attention of the Architect�s Registration Board.