Terms & Conditions
Unless otherwise agreed, these terms of business apply to any future instructions from you. Your continued instructions will amount to your acceptance of these terms and conditions of business.
Architects Services
1.0 Arctic Associates Ltd [hereinafter referred to as AA] shall:
1.1 Exercise reasonable skill and care in performing the services in accordance with the normal standards of the Architect’s profession.
1.2 As Architects we are registered with the Architects Registration Board and the Royal Institute of Architect’s, as Conservationists, we are registered with the IHBC.
We are required to practice in accordance with the professional codes of conduct of these institutions.
1.3 As Architects, we act as the Client’s representative and act fairly when dealing between the Client and any other party.
1.4 Provide advice on compliance with statutory requirements.
1.5 Co-operate with other persons appointed, coordinate and integrate their work and pass relevant information to them.
1.6 Make no material alteration to the Services or the approved design without the consent of the Client, except in an emergency or where required to do so by statutory bodies.
1.7 Advise on progress in the performance of the Services and of any issue that may affect the programme, the cost, or quality of the project;
1.8 Subject to matters beyond AA’s reasonable control, AA shall use reasonable endeavours to perform the services in accordance with an agreed programme and any changes to the services or programme agreed with AA from time to time. The Architect cannot guarantee any programme will be fully adhered to where external forces, consultants, Local Authority, Regulatory Bodies, Specialists, manufactures etc are required to feed into this programme.
Target and Cost
2.0 The Architect cannot guarantee any target or budget cost, or the timetable will be met, particularly where approvals from other parties, such as Planning Permission, Building Regulations approval, Listed Building and Conservation consent are required, nor the performance, work, or the products of others.
Clients Responsibilities
3.0 The Client shall:
3.1 Advise the Architect of the requirements and of any subsequent changes required;
3.2 Shall supply to AA in a timely fashion, without charge, all necessary and relevant information in the possession of the Client or any of the Client’s Agents, consultants, or contractors
3.3 Give decisions and all necessary instructions, consents, or approvals necessary for the performance of the Services.
3.4 Have authority to issue instructions to the Architect, subject to the Architect’s right of reasonable objection.
3.5 The Architect shall rely on such information provided by the Client as above. AA shall not be liable for the consequences of any delays to the services arising from any failure by the Client to comply with these obligations.
3.6 Appoint and pay any consultants, or contractors required will be under separate agreements.
3.7 Any delay in payment of fees can and is likely to result in a delay to the flow of information on projects. We reserve the right not to move onto a subsequent stage of a project where fees for previous work stages are outstanding.
3.8 Clients should not deal with the contractor or contractors directly or interfere with the Architect’s duties or actions under the building contract, where a Building Contract is in place and we are the Contract Administrator.
3.9 Hold the contractor or contractors responsible for the proper carrying out and completion of construction works and for health and safety provisions on the site. It is expected contractors/builders appointed will be competent members of their profession. Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
Copywrite and Licence
4.0 The Architect owns the copyright in the drawings and documents (including material in electronic format) produced in performing the Services shall remain vested in AA.
4.1 The Client shall have a licence to copy and use the drawings only for purposes related to this Project providing all fees and/or other amounts due are paid in full.
The Client will only have a licence to use drawings for their intended purpose, i.e. drawings prepared for a Planning Application would only be valid for this purpose and not be used for construction, as it will be necessary to add additional information to the drawings for the purposes of Building Regulations Approval, other Regulatory Approvals and Construction information.
Drawings produced for one Client are not transferable to another Client as our Appointment rests with the original client.
4.2 In the event of the Client being in default of payment of any fees or other amounts due, AA will revoke the licence herein granted. AA shall not be liable for the use by any person of such drawings or other documents for any purpose other than for the same provided by AA.
4.3 Neither party shall disclose to any other person any private or confidential information concerning the business of the other party unless so authorised by the other party.
Liability and Insurance
5.0 We are required to set the limit of our liability to you in contract, tort, or statutory duty for any one claim or series of claims arising from one event on any project by the Architects Registration Board.
5.1 As Architects we maintain Professional Liability Insurance throughout the period of this Agreement. The maximum limit of our liability to the client in contract, tort or statutory duty for any one claim or series of claims arising from one event on this project is limited to the amount of your target cost for the building work and in any case, limited to a total of £2,000,000. Any such liability will expire after six years from completion of the services. Professional Indemnity Insurance cover shall be maintained for this amount until the expiry of our liability.
Certificates of insurance are available on request
5.2 Subject to clause 5.1 the liability of AA shall not exceed such sum as it is just and equitable for AA to pay having regard to the extent of AA’s responsibility for the loss and/or damage in question and on the following assumptions:
i) All other consultants and contractors providing services for the Project have provided to the Client contractual undertakings on terms no less onerous than those of AA under this agreement.
ii) There are no exclusions of or limitations of liability nor joint insurance or co-insurance provisions between the Client and any other person referred to in this clause; and
iii) All persons referred to in this clause 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 the loss and/or damage.
5.3 For small works contracts (below £1m contract value), such liability of AA for any claim or claims shall further be limited to an amount apportioned to the amount of the target cost for the building work relating to Architectural elements of the Design and be superseded by the tendered agreed and signed contract sum once the contract for Building Work is signed between the Client and Contractor.
5.4 For larger contracts more than £1m construction value, such liability for any claim or claims shall be limited to an amount apportioned to the Architectural elements of the Design, and liability for all other elements should be set against the Designer associated with that element.
5.5 No action or proceedings whether in contract or in tort in negligence or for breach of statutory duty or otherwise shall be commenced against the consultant after the expiry of six years where instigated as a contract and twelve years where the contract is signed in tort, which shall commence from the date of the offer letter.
5.6 Where the client has not issued a contract for signature, our statutory duty shall be limited to six years.
5.7 The consultants and any specialist advisers shall maintain professional indemnity insurance in an amount sufficient to cover the Consultants liabilities hereunder, and public liability insurance provided always such insurance is available at commercially reasonable rates and terms.
5.8 Save in respect of death and personal injury the Client shall look only to AA (and not to any individual) for redress where the Client considers there has been any breach of AA’s duties. The Client agrees not to pursue any claims in contract, tort, or statute (including negligence) against any individual as a result of carrying out its obligations at any time whether named expressly or not.
5.9 “Individual” shall mean an employee or member of AA. Any such employee or member includes any Staff member, Director or Consultant of AA.
5.10 We shall maintain professional indemnity insurance cover for this amount until the expiry of our liability. We will be pleased to provide documentary evidence of our professional indemnity insurance if required.
5.11 Professional liability will relate to Architectural Design Items, any liability for other design elements will be carried by other appointed Consultants, or Specialist manufacturers and the like.
Target Cost of Construction
6.0 The Target Cost for a new build based on the floor area of a property of this size /type set at current cost/m² standard construction basis will be identified in the fee letter if applicable/required or Construction Cost advised by the Quantity Surveyor or Building Contract Sum.
Limits of Liability
7.0 AA is not responsible under this agreement or otherwise for advising on matters wholly, partly, directly, or indirectly arising out of or resulting from asbestos or other deleterious material (including without limitation the costs of testing for, monitoring, abatement, mitigation, removal, remediation or disposal of any products or waste containing such deleterious materials)
Local Authority Dealings
8.0 The Architect cannot guarantee Planning, Listed Building, Conservation Area Consent/approval will be achieved on any project.
8.1 There are occasions where a client’s specific requirements are at variance with planning or design policy in a particular area, and subsequent amendments have been necessary following the submission of the scheme to the Local Authority, or indeed another application may need to be submitted.
8.2 We would use our best endeavours to avoid this at the design stage and would try to advise when difficulties could be anticipated. We do, however, reserve the right to charge for our time amending or redrawing the proposal if it ultimately proves a necessity.
8.3 We draw your attention to the fact Local Authorities now request an increasing number of supporting documents to be submitted with Planning Applications, the exact extent of this information is subject to both National and Local requirements, but is also subject to the demands of Planning Authorities and officers. What one Local Authority may demand is not necessarily what an adjacent authority would equally demand. The Architect cannot, therefore, guarantee all supporting documents or information requirements will be known at the time an application is submitted.
8.4 The Architect will liaise with other consultants to assist in obtaining supporting documentation but cannot be held responsible for the time and extent gathering such information may entail. The Client should note that the Planning Authority will not register a planning application until all supporting documentation is received.
8.5 Where it becomes necessary to Appeal a Planning or Listed Building Consent Decision, we will advise you of the implications and would need to charge for the time to prepare any appeal and the supporting documents and statements necessary to submit the Appeal.
This may include recommending the appointment of a Planning Consultant to deal with specific Planning Policy issues, there are projects where policy issues would warrant this additional service.
Building Regulations Approvals
9.0 The Architect cannot guarantee Statutory Approvals will be achieved on any project, and note additional costs may be incurred. Policy and regulation changes can affect the outcome of a project, as well as the constraints of the Building, Environment, Site Conditions, Services, Other Consultants input.
9.1 Note: Where dealing with the refurbishment, extension, and alteration of existing buildings, there can be many factors which can develop during a project requiring additional detailing, or changes to the specification and detailing initially envisaged. This can be because of many factors such as cost, specification, manufacturer’s requirements, Local Authority requirements, site conditions, unforeseen elements, building condition or construction uncovered during the works, and interpretation of the regulations.
Fees
10.0 The Architect’s fees shall be calculated and charged as set out in the Letter of Appointment.
10.1 The Client shall pay AA the fee stated in the offer letter /Fee Schedule/ Appointment Agreement for the performance of the services.
10.2 The Client shall pay the Architect’s accounts, including any additional fees, expenses, disbursements, or VAT in accordance with payment terms stated in the offer letter / Invoice issued.
10.3 Payment terms: Payment shall become due on submission of AA’s invoice thereafter and the final date for payment shall be:
14 days calculated from the date of issue of invoices for work (not receipt).
The payment terms will be clearly stated on any invoice.
10.4 We will not submit Planning or Listed Building Applications until the fee for the project has been paid in full.
We will not submit applications for Building Regulations approval until the fee for the project has been paid in full.
We will not release Building Regulations Plan Check Approval and/or Construction issue drawings until the fee for this stage of the project has been paid.
We will not release any Reports or other Schedules, Specifications or Documents on any project until the relevant fee associated with the production of the report is paid in full. Where reports are issued, they will be heavily edited as a DRAFT format
10.5 The Client is responsible for the separate payment of Consultant, Specialist, Local Authority/Approved Inspector fees for each project. We will advise you of the fee at the appropriate stage of the project.
Late Payment Interest
10.6 Payment is due on delivery of our invoice to you.
All overdue fees are liable to the application of interest and shall be 8% above the current minimum lending rate at the HSBC from the original date of the fee note. A standard £15.00 administration fee will be incurred for every invoiced statement where interest is payable.
10.7 We would also reserve the right to place any debt into the hands of a debt recovery agency following failure to pay within the specified period.
10.8 Where a Fee is calculated on a percentage basis, the percentage or percentages stated in the Letter of Appointment shall be applied to the final cost of the building work, excluding VAT, fees and any claims made by or against the contractor or contractors. The percentages will be applied to the current cost estimate or accepted tender, or the contract sum until the final contract sum has been ascertained.
10.9 The Architect reserves the right not to continue with Services for the next stage of the project until the fee for the previous stage of the project has been paid by the Client. The Architect also reserves the right not to proceed with work on a separate project, where the fees/or proportion of same for another project with the same Client remain unpaid. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence). We will aim to deliver the goods by the date quoted for delivery but delivery times are not guaranteed. If delivery is delayed due to any cause beyond our reasonable control, the delivery date will be extended by a reasonable period and we will contact you to arrange an alternative time.
Additional Work
11.0 If AA has to carry out additional work and/or suffers delay or disruption in the performance of the Services for reasons beyond their reasonable control the Client shall make an additional payment to AA in respect of the additional work carried out and the additional resources employed and/or the delay and disruption suffered.
11.1 Additional fees shall be payable if the Architect for reasons beyond the Architect’s control, is involved in extra work or incurs extra expense, including requests by clients to amend layouts, details, and design.
Any additional payment shall be calculated on a time basis in accordance with either a supplied schedule of rates or shall be accompanied by an analysis report in accordance with the hourly rates set out in the offer letter issued prior to commencement.
11.2 The Architect shall be entitled to payment of any part of the fee for services satisfactorily performed together with any other amounts due at the date of any notice suspending or ending performance of any or all of the Services.
VAT
12.0 All sums due in connection with the appointment are exclusive of value-added tax, to be paid by the Client to AA at the rate and in the manner prescribed by law.
12.1 VAT will be charged at the standard rate at the time of invoice and is applicable to all our fees.
Invoicing
13.0 We will submit an invoice on account for the fees and any expenses and disbursements due [plus VAT] monthly, or at the completion of each work stage whichever is sooner.
Expenses
14.0 The Client shall reimburse expenses and disbursements, these will be itemised on Invoices
14.1 Printing: We include within our fee all reasonable A4 and A3 printing costs.
Prints – B/W
A0 prints £2.50
A1 prints £2.00
A2 prints £1.75
A3 prints included within the project fee
Presentation Prints – Colour
A0 prints £49.82
A1 prints £29.32
A2 prints £15.66
A3 prints included within the project fee
A4 print included within the project fee
14.2 Mileage over and above the fee agreement we charge a mileage rate of 0.60p per mile. Such mileage rate will change if fuel costs/published fuel rates rise beyond this rate. As soon as we have delivered the goods, you will be responsible for them and we will not be liable for their loss or destruction. Therefore, you would need to take the necessary steps to insure the items. If you delay a delivery, our responsibility for everything other than damage due to our negligence will end on the date we agreed to deliver them.
14.3 Any additional expenses incurred will be quoted at the time they are instructed, required, or raised, such as OS maps, historic mapping, sewer mapping, promotional material, brochure’s, visual presentation images, mounted presentations, models etc.
Expenses will be charged at net cost plus a handling charge of 5% to cover administration to obtain documents.
Disbursements
15.0 Our fee excludes disbursements and out of pocket expenses for parking.
15.1 We do not include in our fee proposals the fees of Local Authority submission/inspection fees, and such like, these are to be paid by the Client
15.2 We do not include in our fee proposals the fees for any consultants i.e., Structural Engineers, M&E Consultants, Quantity Surveyors, Planning Consultants etc. We will recommend their appointment at the appropriate stage in a project where these services are required.
15.3 We also do not include the fees of any specialist advisers and reports i.e., arboricultural reports, protected species survey, energy efficiency calculations, EPC certificates, Pressure testing. SAP calculations, SBEM calculations and such like as may be requested by the Local Authority during the application process. We will advise you of the requirements for these during the scheme design and detail design stages of the project.
15.4 We will obtain fee proposal quotes on your behalf and forward these to you for approval when these are required. However, we expect the appointment of any consultant is an agreement between the Consultant and the Client direct.
Records
16.0 The Architect shall keep and make available on request records of any expenses and disbursements to be reimbursed at net cost and/or of time spent on Services charged on a time basis.
Email Policy
17.0 Unless you withdraw your consent, we will communicate with you and others, where appropriate, by email, but cannot be responsible for the security of correspondence sent by these means.
It is your responsibility to check an incoming email and attachments (if any) do not contain viruses.
Storage of Paper and Documents
18.0 After completing your project, we are entitled to keep all your papers and documents whilst there is money owing to us for our charges and expenses. We will once all charges are paid send you the originals of any important documents for safekeeping. We will keep only electronic copies of any drawings and documents after this time.
18.1 Clients need to keep any Planning, Listed Building and Building Regulation Approval documents and Completion certificates safely as these will be required as part of the sale of any property/land they relate.
18.2 This office operates a paperless policy. We will only keep paper copies of documents whilst the stage of the project it relates to is in progress. After this, documents are stored electronically until all fees are paid and the limit of our liability has expired.
18.3 We will keep drawings and documents for two years after completion of the Contract Limitation, six years where a contract is executed under standard terms, and twelve years where a contract is executed as a deed. After this period has expired, we have the right to destroy them.
If you request copies of any documents a charge will be made for any retrieval from archive, printing and copying.
Assignment of the Agreement
19.0 Neither the Client or the Architect shall assign or transfer any benefits or obligation conferred by the Appointment of AA without the prior written consent of the other. Such consent shall not be unreasonably withheld or delayed.
19.1 Save in respect of the benefits or rights conferred on individuals pursuant to confer or any third party any benefit or any right enforce anything in these terms under the Contracts Rights of Third Parties Act 1999.
19.2 Unless any part or all of the Agreement is transferred with consent to another person, nothing in this Agreement shall confer or purport to confer on any third party, and benefit or right to enforce any term of this Agreement.
Suspending or Termination of the Agreement
20.0 The Client may suspend or end performance of the services and other obligations by giving at least 7 days written notice and stating the reason for doing so.
The Architect may suspend or end performance of the services and other obligations by giving at least 7 days written notice and stating the reason for doing so. Such reasons include, but are not limited to, the Client’s failure to pay any fees or other amounts due by the date when payment is due.
If the reason for a notice of suspension arises from a default:
1. Once remedied, the Architect shall resume performance of the services and other obligations within a reasonable period; or
2. Is not remedied by the defaulting party, the agreement will end by giving at least 7 days’ further written notice.
20.1 If the reason for the notice arises from a default and the recipient does not remedy the matter, the agreement will end on expiry of the notice period.
20.2 Where Services are suspended by the Client and not resumed within 3 months the Architect shall have the right to treat performance of the Services affected as ended on giving written notice to the Client.
20.3 Where services are suspended or terminated, we will be entitled to keep any papers, drawings, and other documents, whilst there is money owing to us for our fees and expenses.
20.4 If at any stage you do not wish us to continue doing work or suspend working for a period in time, you must tell us clearly in writing.
20.5 If we decide to withhold services from you; for example, if you do not pay an interim invoice or comply with a request for payment on account, we will tell you the reason and give you notice in writing.
20.6 AA/The Client may terminate the appointment in the event of breach of these terms by the other party or in the event of insolvency by providing two weeks written notice.
In these terms’ ‘insolvency’ shall mean either party becoming bankrupt, going into liquidation (either voluntarily or compulsory except as part of an amalgamation), being dissolved compounding with its creditors or having a receiver, administrative receiver appointed of the whole or part of its assets.
20.7 If circumstances arise for which AA are not responsible and AA considers make it irresponsible for them to perform any part of the service, they shall be entitled to terminate the appointment by two weeks’ notice.
20.8 In the event of any termination the Client shall pay AA a fair and reasonable amount on account of the fees due commensurate with the Services performed to the date of such termination and any outstanding expenses.
20.9 Termination of AA’s appointment shall not prejudice or affect the accrued rights or claims of either party.
Dispute Resolution
21.0 In the event of a dispute or difference arising under this Appointment, this will be in writing. We hope we shall be able to settle the matter by negotiation or mediation. Alternatively, either of us can start court proceedings to settle the dispute at any
AA aims to provide a professional standard of service, but if at any time you are not satisfied, please bring the issue to our attention as soon as possible and we can discuss how to resolve the issue. However, either of us can refer the matter to adjudication or the courts in accordance with the following: In the event of any dispute or difference arising under the agreement, the parties may:
Attempt to settle the matter by negotiation or mediation; or,
Start court proceedings to settle the dispute at any time; or,
Have disputes decided within 21 days by an adjudicator appointed under the RIBA Adjudication Scheme for Consumer Contracts.
If appointed, the adjudicator may allocate between the parties the costs relating to the adjudication, including the fees and expenses of the adjudicator.
Please also note all work carried out by the Architect is under the supervision of an Architect, Russell Trudgen, who registered as such under the Architects Act 1997 with the Architects Registration Board (ARB) and is subject to the Architects Code: Standards of Conduct and Practice. The Client can refer any complaints to the ARB if the conduct or competence of the Architect falls short of the standards in the code.
21.1 Or either of us can have disputes decided within 21 days by an adjudicator appointed under the Consumer Adjudication scheme, details of which are provided on our website.
Notice in Writing
22.0 The parties shall attempt in good faith to settle any dispute of mediation.
Governing Law
23.0 Any notice given in connection with AA’s appointment shall be in writing and given by sending the same by first class letter to the Client or AA at the address shown.
GDPR Privacy Policy
24.0The law applicable to this Agreement shall be the law of England.
24.1 Privacy is important to us. Our Privacy Policy covers what data we collect and how we use it, disclose, transfer, and store your information.
Information We Collect: We collect information about you if you make an enquiry as a potential client, or we do business with you as a Client, Consultant, contractor, sub-Contractor, Supplier, Manufacturer
24.2 Use of Information: Any information we collect may be used to: -
Respond to you via your supplied contact details, you may choose to be contacted via email, or post
Respond to you about projects by email or telephone
The information you provide us with will be used to personalise our services to suit your individual or company’s needs, for instance, we Design Buildings to suit our Client’s needs and aspirations.
To improve our website - we aim to improve our website and the information we publish so it provides information on our projects and the services we provide.
From time to time, we may send emails or correspondence about our practice, news, or service information.
24.3 Personal Information We Use:
We use a variety of personal information depending on the services we deliver to you. For all our services we need your name, address, contact details, to allow us to locate your premises /land. For some services, we might need additional information for example: -
• Bank details for payments.
• Information to allow us to check your identity and information about your credit history
• Proof of identity – and money laundering
• Fraud prevention, and to meet legal obligations
Any other information that is relevant to be able to provide the contracted services to you, meet or enforce legal obligation or where it is fair and reasonable for us to do so.
On some projects, we may ask for information relating to medical or disability conditions for instance where we are designing buildings that need to be tailored to suit those needs and the needs of occupants and visitors to a building we are designing.
24.4 Protection of Information: Enquiries submitted via our website form: (from our contact page)
Data is not stored on our website. This data is transferred via the form and emailed to us to allow us to respond to specific project enquiries.
24.5 Disclosure of Information: We do not sell, trade, or otherwise transfer to other parties any personal information.
this does not include trusted third parties who act as regular consultants, or who assist us in the operation of our business, website, or services we provide to you.
Such trusted third parties may have access to personally identifiable information on a need-to-know basis and will be contractually obliged to keep your information confidential.
We may also release your information when we believe it appropriate to comply with the law, or protect other rights, property, or safety.
24.6 Consent and Legal Basis: By appointing this practice and the services we provide you are consenting to us contacting you and using the information you provide us to carry out the Services you are appointing us to carry out.
24.7 We only use your personal information where it is permitted by law. Where: -
1. We have your consent (if consent is needed)
2. We need to use the information to comply with our legal obligations
3. We need to use the information to perform a contract with you: and/or
4. It is fair and reasonable to use your personal information either in our interests or someone else’s interests where there is no disadvantage to you. This can include where it is in our interests to contact you about services, market to you, or collaborate with others on a project or to improve our services.
Where we have your consent, you have the right to withdraw it. Further details relating to our privacy policy can be found in our Terms and Conditions.
Complaint Handling Procedure
25.0 Client Complaint: Any concerns or complaints relating to a project in which you claim an interest should be communicated in writing to the lead architect for the project, in the first instance.
The lead architect will endeavour to answer and resolve any concerns through correspondence and/or meetings.
If the lead architect’s responses do not resolve the matter, you may ask for the matter to be referred to the RIBA member designated as the client contact at the outset of the project. That person will endeavour to answer and resolve any concerns through correspondence and/or meetings.
If the client contact’s responses do not resolve the matter, you may ask for the matter to be referred to a senior partner /director for a response. That partner/director will endeavour to answer and resolve any concerns through correspondence and/or meetings.
If this further stage does not resolve the matter and you feel that the process of negotiation has been exhausted, then you may refer to the dispute resolution options as set out in our original architect’s agreement.
25.1 Non-Client Complaint: Any concerns or complaints relating to your project should be communicated in writing to the lead architect for the project, in the first instance.
The lead architect will endeavour to answer and resolve any concerns through correspondence and/or meetings.
If the lead architect’s responses do not resolve the matter, you may ask for the matter to be referred to a senior partner /director for a response. That partner/director will endeavour to answer and resolve any concerns through correspondence and/or meetings as appropriate.
If this further stage does not resolve the matter and you feel that the process of negotiation has been exhausted, then you may wish to discuss the matter further with the RIBA Professional Standards team.
Contacting Us
26.0 If there are any questions about our Privacy Policy or the Services we are providing, you may contact the practice at:
Arctic Associates Ltd, 33 Queen Street, Morley, Leeds, LS27 8EE or by telephoning 0113 253 7040
