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Conditions of Appointment

 

The purpose of these conditions is to set out the details of the professional relationship between the Client and Huw Meredydd Owen for the commission described

 

The services that relate to the specific project are set out in another document. These are general conditions to which that document makes reference. 

 

 

duties

The different elements of the service that will be undertaken in order to realise the brief are described in the relevant document. The descriptions given at the outset may not remain strictly accurate as the project develops, and if they vary to such a degree that they become misleading the matter will be raised in order to agree a new description.

 

fees

Fees are a figure usually based on an estimation of the time to be taken for that stage according to the circumstances. Additional work will be charged at the quoted rate. 

 

 

consultants

Services are often also provided by other Consultants, but are not included in my fees. The consultants will charge the Client directly. The services required depend on the circumstances of each commission and will be detailed by them directly.

 

'Consultants' may include:

1. land surveyors

2. site investigation engineers

3. quantity surveyors

4. structural engineers

5. mechanical and electrical engineers

6. heatloss assessor (SBEM/SAP)

7. CSH/BREEAM assessor

 

expenses

General office costs are included in the fee (correspondence, telephones, administrative time, general offcie duties) but the following are charged for at the prevailing rate (which may change):

1. additional travelling (£0.50 / mile)

2. train or bus tickets (at cost)

3. subsistence (when required, by prior agreement)

4. large format or high resolution printing

5. standard OS plans

 

VAT

Currently not VAT registered.

 

CDM

Health and Safety matters on any project are ultimately the responsibility of the Client. You should ensure that you comply fully with the requirements of the Construction (Design and Management) Regulations 2015 (as per the downloadable booklet found at www.hse.gov.uk/pubns/indg411.htm). Please note that the definition of a ‘domestic client’ depends upon the status of the house in question.

 

This agreement does not cover the undertaking the client’s duties under the Regulations for small domestic work.

 

General Conditions

 

1 Architect's Authority 

Huw Meredydd Owen shall exclusively represent the Client in all matters set out or implied in the appointment. In the performance of the services, conditions, duties and responsibilities he will use the reasonable skill and care that might be expected.

 

2 Consultants 

Specialist consultants may be nominated, by agreement, and wherever possible employed by the Client, who shall hold the consultant responsible for the competence, and general  performance of the work entrusted to them. Huw Meredydd Owen will have the authority to co-ordinate and integrate into the overall design the services  provided by any consultant, however employed.

 

3 Copyright

in all documents and drawings prepared by Huw Meredydd Owen and in any works executed from those documents and drawings shall, unless otherwise agreed, remain the property of Huw Meredydd Owen.

 

4 Assignment  

Neither Huw Meredydd Owen nor his Client may assign the whole or any part of his duties without the other's written consent.

 

5 Termination of Appointment 

Huw Meredydd Owen or the Client must give 7 days written notice to the other of their intention to terminate the appointment. Fee accounts will be prepared  for all work up to 7 days after receipt of letter.

 

6 Publishing and publicity 

The Client hereby agrees to allow publishing of photographs, drawings and descriptions of the work and its context - in the press generally; on radio, television and film; in exhibitions; in lectures and direct presentations; and through electronic means, including websites and social media unless otherwise agreed.

 

7 Fee adjustment

Unless agreed differently, the final account figure will be used to calculate the final fee account, on percentage fees.

 

On work abandoned prior to commencement of construction, the budget figure will  be used to calculate the final fee account.

 

If the Client increases, decreases or changes the nature of the work agreed at the outset, the right to change the fee charged to reflect that change is reserved. 

 

8 Fee Accounts 

Unless otherwise agreed, fee accounts will be issued  monthly for work completed during that month.

 

Payment to be made within 15 days of the presentation of fee account, and interest to the equivalent of 3% over current Bank Rate will be charged for fees delayed for more than one month. Failure to pay within a month will mean the revocation of this  agreement without further notice.

 

9 Additional charges

Should the works extend beyond the period  quoted  in the contract, for whatever reason, we expressly reserve the right to reassess the time spent on matters relating to the construction period and to charge for any additional time spent over and above that which were due for the  agreed contract duration. 

 

A proportion of the excess charge may be recovered as liquidated damages if the cause of the delay can be attributed to the contractor.

 

10 Non-payment of fee accounts

Two reminders will be sent, and unless there is a response the Architects reserve the right to find a remedy at law without further notice.

 

The Client is under a duty to get in touch forthwith should he/she/they face difficulties in settling the account received.

 

Alternative means of payment can be agreed depending on the circumstances.

 

 

12 Disputes

Any difference or dispute arising shall be referred to an arbitrator to be nominated at the request of either party by the President of the Chartered Institute of Arbitrators, or any other as agreed.

 

13 Liability

No action or proceedings for any breach of this agreement shall be commenced against the Practice after the expriy of 6 years from the date of practical completion of the works or trom the date of completion of our duties under this agreement if that is sooner. 

 

14 Expedited Service

The service as described presumes that the work is undertaken within the usual working arrangements of the Practice, namely that all work undertaken is dealt with in its turn. If the Client wishes work to be undertaken in a specified period that prevents that arrangement from continuing satisfactorily (i.e. requesting the Practice to give the work a higher priority than other work in progress), the Practice retains the right to charge an additional fee for an Expedited Service.

 

15 Planning Permission. 

Whilst making every effort to obtain planning permission, the Practice emphatically does NOT guarantee planning permission in any respect, since this is solely  the decision of the Local Planning Authority or the Planning Inspectorate.

 

16 Approval of Conditions. 

When the Client instructs for the work to commence on the project, as described, the following will be assumed:

1. that the Client agrees to these Conditions in their entirety 

2. that the Client has/ have sufficient funds for the settlement of the fee account when submitted

 

If you wish you may sign two copies and return one to us.