Conditions of Appointments

Terms
• architect or architects shall refer to Spacesix Architects

Appointment

1. The architect’s fee proposal sets out. A) The scope of service under each stage. B) The fee due from the client under each.
2. The architect shall produce a Client Requirements document as record of our understanding of the clients brief. The client will be responsible for checking this document and reporting any misinterpreted items or discrepancies to the architect prior to the commencement of the design works.
3. In the event the client fails to report any misinterpreted items or discrepancies within the Client Requirement document to the architect, the architect’s Client Requirement document will been deemed as an accurate interpretation of the client’s brief.
4. Additional or redesign work required as a result of the client failing to review the Client Requirement document will be charged at rate of £55/hrs.
5. Approval of a stage is deemed to have taken place when the client wishes to proceed to the next stage.
6. Missed appointment without 24hrs prior notification will be charged at £75.

Measured Survey

7. The measured survey consists of the physical measurements of the existing building being taken through the combined use of a traditional tape measure and laser measure.
8. Where required levels will be recorded through the use of a dumpy level.
9. Survey will be accurate to within 100mm.
10. The measured survey will be drawn up to produce a set of as existing plans, sections and elevations.
11. The drawings will be produced at a recognised scale. Generally 1:100. The drawings will not be produced with annotated measurements unless specifically requested by the client.
12. The measured survey is not a condition survey of the building fabric. It does not record any building defects visible or otherwise.

Computer generated 3D Model

13. To aid the design process the initial proposals will be developed using a 3D computer generated modelling package. This will enable the project to be developed in full collaboration with the client.
14. The architect shall provide the client with a copy of the 3D model and provide a set of basic operating instructions for use.
15. The client shall be responsible for familiarising themselves with the design through the use of the 3D model and gaining a good understanding of what is being proposed.
16. Once the design has been agreed and the client is happy to proceed. It will be the client’s responsibility to satisfy themselves that the design is affordable through appointing the services of a suitably qualified cost consultant or quantity surveyor.
17. If requested by the client the architect may offer some cost guidance. However this will be based on past experience and the architect’s understanding of the market. This should not be substituted by the client in lieu of employing a suitably qualified cost consultant or quantity surveyor.

The Planning Submission

18. The architect will produce a set of drawings consisting of plans, sections and elevations as required to satisfy the local planning authority.
19. Where appropriate the architect will include 3D images taken from the 3D computer generated model.
20. The planning drawings will be produced at a scale of 1:100 and simply annotated.
21. It will be the client’s responsibility to check the drawings prior to submission and satisfy themselves that they fully understand the size and scale of the proposals.
22. The client must satisfy themselves that the proposals are affordable.

The Building Warrant Submission

23. The architect will produce a set of drawings, specifications and u-value calculations in order to satisfy the relevant sections of the current technical standards.
24. The client will have to appoint a suitably qualified structural engineer to support the architect’s submission in order for the building warrant to be obtained.
25. Where appropriate the client will have to appoint a suitably qualified energy assessor to provide a SAP calculation and EPC certification in order for the building warrant to be obtained.
26. The approved building warrant submission is NOT construction information.

Tender

27. Tender documentation will consist of:
• The architect’s drawings with dimensions, specification, u-values, finishes schedule and schedule of works
• The structural engineers drawings and specification
28. The client will be issued with a set of tender documentation prior to the architect issuing the documents to the tendering contractors. The client will be responsible for checking that the tender documentation reflect the clients brief and satisfying themselves that all items have been covered incorporated within the documents.
29. The architect will suggest contractors that have successfully delivered projects for existing clients.
30. The architect does not recommend or endorse any contractor.
31. The architect will issue the tender documents to client nominated contractors.
32. It will be the client’s responsibility to carry out the necessary due diligence on their nominated contractors and satisfy themselves that the contractor(s) are capable of successfully delivering the project in a competent manner.
33. The client must satisfy themselves that the contractor is appropriately funded, skilled and capable before appointing the contractor to undertake the works.
34. The architect advises all clients to visit completed works of their preferred contractor and seek references prior to appointment.
35. The architect advises all clients to check the contractors trading history to determine the contractor in adequately funded.
36. The architect will issue the tender documents to 4 contractors.
37. The tender documents will be issued to the contractors by email. For record the architect shall copy the client into the correspondence.
38. The client accepts that whilst the tender documents will be issued to 4 contractors, this may not result in 4 quotations being obtained.
39. The architect is not responsible for the tendering contractors. The tendering contractor may for a variety of reasons fail to return a tender submission.
40. The client accepts that the tender documents may have to be issued to more contractors in the event that not enough tenders are returned.
41. The architect will issue an email set of construction issue drawings and specifications to the successful contractor. Please note this will only happen where the architect issued tender invite documents.
42. Should the client decide to tender the project themselves it will be the client’s responsibility to satisfy themselves that they have provided the contractors with all the necessary information. In this scenario the architects will not issue tender or constructions status information.

The Site

43. Prior to the commencement of works on site the client will be responsible for carrying out all necessary site investigations as follows:
• Site investigation to determine the condition and suitability of the ground including the necessary naturally occurring geotechnical, water and gas that may impact the works
• Hidden objects that may impact the building works
• Private infrastructure: gas, water, electric & drainage
• Public utilities such as: gas, water, electric and Sewers

44. The client will be responsible for disclosing any pre-existing problems with the site.
45. The client will be responsible for providing accurate title deed information and determining their legal ownership boundaries.

Existing Building

46. The client is responsible for instructing and appointing all necessary survey works to determine the condition of the existing building fabric and services. These may include but are not exclusive to:
• Structural survey
• Damp & rot survey
• Infestation survey
• Drainage survey
• Electrical condition report
• Heating system condition report

47. The client will be responsible for disclosing any pre-existing problems with the existing building.
48. The client will be responsible for providing accurate title deed and proof of ownership information.

Client Amendments

49. Client amendments that impact the design following approval will be subject to an additional fee. This will be calculated on either a time charge basis at a rate of £55/hr or as an agreed fixed lump sum. The Time Charge method will only be used for minor alterations where the number of hours required to carry out the works are minimal. We shall advise in writing of the estimated number of hours required to carry out the work prior to proceeding with any alterations to the design.

Third Party Fees

50. The client will be responsible for all third party fees. These consist of but are not exclusive to:
• Planning application fees + amendments if necessary
• Planning advertisement fees
• Building warrant application fees + amendments if necessary
• Topographical Surveyors fees
• Structural engineers fees
• Quantity Surveyors or Cost consultants fees
• Energy or SAP assessors fees
• Geotechnical Engineers fees
• Hydrologist fees
• Site investigation and laboratory fees
51. The client accepts they may have to appoint all of the above in order to procure the project.

Unforeseen Items & Contingency

52. The client accepts that every building project carries with it the potential for unforeseen or overlooked items. The cost associated with these will be covered by the client.
53. Prior to commencing any building project the client must make provision for a contingency fund.
54. The level of contingency will determined by the client, and what they determine to be comfortable.

Construction Phase

55. The client will be responsible for appointing a solicitor to set up an appropriate contract between the client and the contractor prior to the works starting on site.
56. The architect is not responsible for the contractor or any sub-contractors.
57. The architect is not responsible for any third parties.
58. Where appointed to do so the architect will administer the selected building contract between the client and the contractor.
59. The architect will make reasonable effort ensure the works are carried out in accordance with the contract drawings & specifications.
60. The architect is not responsible for workmanship carried out by the contractor or any sub-contractor.
61. The architect is not responsible for any works that have or have not been covered up.
62. The architect will not act as a project manager.
63. Instructions given to the contractor by the client will be the full responsibility of the client.
64. Instructions given to the contractor by the client which have design implications will be the full responsibility of the client.
65. The architect is not responsible for any unforeseen items which impact on the design.
66. The client will be responsible for any decision to proceed prior to the necessary approvals being in place and the relevant notices of commencement issued.
67. In the event that the contractor runs over the contract period the architect shall be entitled to claim for time and expense accrued during the overrun. This will be calculated and charged at a rate of £55/hr.

Intellectual Property

68. All CAD files are the property of the architect.
69. Clients wishing to obtain a copy of the CAD file may have to pay a fee. Where applicable this will be deemed to be 50% of the total agreed fee between the architect and the client.
70. The design will remain the property of the architect.

Fees & Payment

71. Remuneration by the client will entitle the client to use the design work prepared by the architect on their behalf.
72. The client accepts that failure to remunerate or appropriately remunerate the architect for the service provided may result in all entitlement to use the prepared design being withdrawn.
73. Invoices are due for payment upon receipt and prior to the commencement of corresponding work stage.