Job Book 9th Edition - Book - Page 35
ONLINE VERSION
Stage 0 > Strategic Definition
Refer to the Architect’s Handbook of Practice Management (2010),
Chapter 2 ‘The Profession’ and Law in Practice: The RIBA Legal
Handbook (2012).
0.5.3.4
Check what the client has asked for concerning indemnities,
third party warranties, liability period, levels of professional
indemnity cover, etc. and consider whether these are reasonable
and acceptable. If being considered for the commission
depends on evidence of professional indemnity (PI) insurance
cover well in excess of that presently arranged, discuss with
insurers the possibility of providing such cover as an interim
measure, with the certainty of extending it if and when the
commission is secured.
Take expert advice from a construction lawyer and insurers if the client
seeks to impose onerous conditions.
0.5.3.5
If no terms are stipulated, draw up terms of appointment that
could be proposed.
Consider the minimum and maximum levels of services which
might be appropriate for the project, but, in order to remain
competitive, keep strictly within the stated requirements when
compiling the proposal.
Use one of the standard forms of appointment prepared by the RIBA
(Standard, Concise or Domestic Agreement 2010 (2012 revision)) exactly
as recommended in the guidance notes set out in Guide to RIBA
Agreements 2010 (2012 revision) (2012).
If for some reason this is not possible, take expert advice on the terms to
be proposed.
When setting out in writing the professional services you agree to
carry out, make absolutely clear what is not included. Leave no
room for misunderstandings, particularly when dealing with new or
inexperienced clients.
With a consumer client, always arrange to meet and talk through the
terms proposed in detail, and make sure your client fully understands
them, otherwise, under the Unfair Terms in Consumer Contracts
Regulations 1999, certain terms may not be considered to have been
‘individually negotiated’ and therefore become void.
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