our Terms of Employment Explained
We encourage our prospective clients and clients to discuss any aspect of the T&C’s and as required to seek clarification from us if they have any queries or concerns. We are always open to discuss your views and thoughts to reach an agreement regarding the services and fee structures we can provide.
We will use different standard forms of the RIBA Conditions of Appointment depending on the scale and nature of the project.
- Private homeowner customers, it would likely be the RIBA Conditions of Appointment of an Domestic Professional Services Contract 2020
- Commercial clients, we would use either a Concise or a Standard form. You can download the full Versions of RIBA terms of appointments below.
Link to the latest contracts can be found here: RIBA Contracts (architecture.com)
Architect's Standard of Care
Under the Conditions of Appointment, we are required to employ reasonable skill, care and diligence in line with the standards of the Architect’s profession. This means that our contractual responsibility is limited to the professional standards that can be reasonably expected from a suitably qualified architect.
At all times we aim to provide the highest level of service however we cannot guarantee that our design will always provide a successful outcome over a procedure which we do not have full control such as Statutory Approvals (e.g. Planning Permissions).
Our Fees and Terms
Our fees can be charged as lump sums, as a percentage of a build cost or on a time basis dependent on the nature, complexity and scope of the project. For the majority of our projects we would use a lump sum not to be exceeded fee. Our design services will be set out in a written illustration with a tailored explanation. All our Fees are invoiced for work/time expended usually on a stage or monthly basis.
Current hourly rates of each of our staff are always included in the fee proposal. Any additional or optional services, if appropriate are usually chargeable on a time basis subject to prior approval with the Client. Our fees are then charged in stages (usually monthly payments) from the beginning of the project through to the start of construction. Our terms for all invoices are to be paid within 14 days.
Expenses and Disbursements
It is not unusual that we incur certain expenses and disbursements on our client’s behalf that are recharged to the client along with our fees, such as:
- OS planning maps, Land Registry searches etc.
- Statutory fees, Planning Applications etc.
- Printing, paper copies of plans and documents etc.
- Travelling.
Clients right to cancel (Consumer clients)
Private domestic clients, acting as individuals rather than a company, are Consumers. A consumer Client has the right to change his or her mind and cancel the contract with an Architect by sending a cancellation notice at any time within 14 days after signing the Appointment.
Copyright and related issues
Whilst we are providing services to you, drawings, specifications, schedules etc. all remain our intellectual property protected by copyright laws.
Subject to all our fees and disbursements being settled in full you do have a licence to copy and use the drawings and documents only for the purposes related to construction and any subsequent use or sale of the project. The documents may not be used for reproduction of the design, extension of the project or for any other project as we will not be liable for the consequences of using our documentation for a purpose other than for which they were prepared. In the event of the termination of our appointment and the requirement to continue using our design, we would be normally prepared to assign all relevant copyright licenses subject to a one-off fee.
Professional Indemnity Insurance
Paul Bancroft Architects carries indemnity insurance in accordance with the ARB’s code of practice which is reviewed and renewed annually.
Where our appointment does not include services through to Completion and Handover of the works, we will only be responsible for our design and will not accept responsibility for any latent defects that might become apparent at a later stage.
Termination of the contract between Client and Architect
We have a long record of positive contractual relationships with our clients however, a client may decide that they would like to terminate our appointment. In this event we will endeavour to effect this with efficiency and fairness to ensure Paul Bancroft Architects can continue to communicate and to affect an amicable termination process with the Client.
Complaints procedure
We are a RIBA Chartered practice and comply with the Royal Institute of British Architects’ criteria covering insurance, health and safety and quality management systems. Architects are registered with Architects Registration Board (ARB) and work in accordance with the Board’s Code of Conduct.
If you have concerns that we may have fallen short of the professional standards, please do not hesitate to let us know and we will do our best to address your concerns. In the unlikely event of us failing to do so, you can raise complaints with both organisations.
Dispute resolutions
We are heartened that since Paul Bancroft Architects establishment back in 1973 the overwhelming majority of our projects are completed without any disagreement. However, a dispute could arise over any aspect of a project, in such circumstances it is our policy to seek to resolve issues quickly and amicably and to try and avoid escalation.
In the unlikely instance that a dispute cannot be resolved we would seek to resolve the situation by means of mediation or arbitration rather than resorting to litigation.