Standard 4.4 of the Architects Code: Standards of Professional Conduct and Practice expects an Architect to ensure they have entered into a written agreement with their client before undertaking any professional work. Most commonly in the form of an Exchange of Letters, the documents should outline the contracting parties, the scope of the work to be undertaken along with the fee arrangements agreed. Additionally, responsibilities of both parties should be set-out along with provisions for suspension and termination, dispute resolution and adequate Insurance cover.
In some instance, certainly for larger projects a ‘Standard Form of Appointment‘ is utilized which has the advantage of having been ‘Legally tested’ by the judicial system removing the risk of misinterpretation should the parties ever find themselves in dispute. There are a number standard forms for the appointment of an Architect for this purpose including:
RICS Standard Form of Consultant’s Appointment
ACA SFA 2012
RIBA Professional Services Contract 2020
The 2020 RIBA concise professional service contract is also available from the RIBA which is suitable where the Architect/Consultant undertakes a commission for architectural services on a simple, non-complex, commercial project for a business client or public authority.
For domestic work, the RIBA Domestic Service Contract 2020 Architectural Service is often selected as it is specifically tailored to the requirements of a Private ‘Consumer’ Client appointing an Architect for alterations or design of their own property and is written in more simple terms and designed to be executed without a requiring legal assistance.
Occasionally Architect’s undertake work at risk when payment will only be made in the event that the project proceeds following initial feasibilities studies. It is advised that even speculative work is subject to a formal appointment between the Client and Architect defining the extent of the service and the form of reimbursement the Architect will receive in the event the project proceeds for the initial work undertaken.
In all instances it’s important to remember that a formal written appointment is there to protect BOTH parties in the event that the professional relationship breaks down.
Comments