The following Terms of Appointment apply to all works carried out by MARK BRYANT DESIGN (MBD) unless specifically agreed otherwise in writing.
Written confirmation of acceptance of these terms is required prior to MBD commencing work. Otherwise further client correspondence or communication will be taken as confirmation of
acceptance of these Terms of Appointment.
The client is the individual or company instructing MBD to provide Architectural services. Any contract between MBD and the named client, together with all communications and works
completed will be for the sole use of that client and shall not be assigned or passed on to any other individual or organisation without prior consent.
1.00 SERVICES and OBLIGATIONS OF MBD and the CLIENT:
1.01 MBD shall exercise reasonable skill and care in conformity with the normal standards of the Architects profession.
1.02 The services of MBD will be restricted to those works agreed within the appointment letter/agreement. Services appertaining to other professional bodies such as the Institution of
Structural Engineers or the Royal Institute of Chartered Surveyors are specifically excluded.
1.03 MBD shall not be liable for damages in excess of their responsibility. MBD’S liability shall be in line with the Royal Institute of British Architects (RIBA) ‘Net Contribution Clause’.
1.04 MBD shall not have any responsibility for the quality of materials or workmanship.
1.05 MBD will make every reasonable effort to meet the programme for the work. Any programme or schedule produced is offered in good faith, but MBD cannot accept any
responsibility for delays or consequential losses incurred.
1.06 Subject to the provisions of item 1.01, MBD does not warrant: a) that the services will be completed in accordance with the timetable or the budget cost for construction. b) the
planning permission or other approvals from third parties will be granted. c) the performance, work or the products of others. d) the solvency of any other person appointed.
1.07 The client shall supply the Architect with accurate information together with the decisions and approvals necessary for the proper and timely performance of the services, and the
Architect shall rely on such information.
2.01 Fees will become due for services as defined within the Letter of Appointment. This written quotation will be held open for 3 months from the date of issue.
2.02 Interim invoices will be submitted monthly for services provided.
2.03 Payment shall become due on issue of Invoice. The final date for payment will be 14 days from the date of the invoice. Where payment is late MBD reserve the right to suspend
the provision of services.
2.04 All fees for services provided are due regardless of the outcome of the project or if the client chooses not to complete the project.
2.05 The fees quoted are for the type and scale of project defined at the time of pricing. If the scale of services required varies from the original proposal, or if the project does not follow
the expected time scale, MBD also reserve the right to adjust or amend the fees stated to suit the variations.
2.06 If a fee is offered in the form of a percentage it will be a percentage of the total build cost, excluding VAT. The fees will be estimated for the purpose of submitting invoices during
the progress of the works and before the total build cost is known.
2.07 All monies due and owing by the Client shall become due and payable forthwith in the event of the bankruptcy or insolvency or in the case of a limited company, limited liability
partnership or public limited company, the appointment of a receiver, administrative receiver, administrator or liquidator, or the liquidation (whether compulsory or voluntary) of the client.
2.08 Fees charged by other bodies during the course of the project, such as Local Authorities are to be paid direct by the client unless otherwise agreed. MBD reserve the right to charge a
management fee if required to pay these fees.
3.01 Any survey carried out by MBD will include dimensional information only; it will not be structural, invasive or provide levelling or detailed drainage information unless specifically
agreed in writing before the work is carried out.
3.02 Every effort will be made to identify all visible above ground features. However, it should be borne in mind that there may have been items obscured at the time of survey. Boundaries
shown are indicative only and may not represent the extent of legal ownership.
3.03 Information issued by the client will be deemed to be correct.
4.01 Copyright of all drawings/designs and intellectual property produced by MBD remains with and is owned by the practice. MBD reserve the right to control the ways in which their
material may be used. Drawings may not be copied or distributed in any way, or used for any purpose otherwise than with express consent. MBD asserts its moral rights under the
Copyright, Designs and Patents Act 1988.
4.02 Once payment as agreed has been received by MBD, the client is given a conditional nonexclusive licence to copy the drawings and information produced for the specific purpose
intended and in the location described. The information is not intended for use by any other person or for any other purpose. Any inappropriate use of design is strictly forbidden.
4.03 Full and obligation free access to MBD intellectual property for others to use (Copyright Assignment) cannot be given without prior approval and will be chargeable.
5.00 PROFESSIONAL INDEMNITY INSURANCE (PII):
5.01 MBD will retain adequate and appropriate PII cover for the project. Proof of such cover can be provided if requested.
6.00 DISPUTES + TERMINATION:
6.01 If the client is not satisfied with the services provided then they are urged to contact MBD as soon as possible and discuss the problem. MBD will seek to address the issue and resolve
6.02 If any dispute and/or differences of any kind whatever arising out of the provision of our services cannot be settled by mutual agreement between the parties, either party may refer to
adjudication and then the Scheme for Construction Contracts Regulations shall apply.
6.03 If a dispute arises requiring the services of an independent arbitrator then they shall be appointed by the President of the Royal Institute of British Architects.
6.04 Our services may be terminated by reasonable notice given by either party.
7.01 Digital versions of drawings and information can be issued in .PDF format. Editable formats of this information (.DWG) will not be issued unless by prior approval and then at the
discretion of MBD and the approval of our Insurers. Issue of .DWG information may be chargeable.
7.02 MBD reserve the right to photograph projects during construction or when complete. Name and location details can be kept private within publicity or marketing if requested.
8.00 DATA PRIVACY: