Terms & Conditions of Engagement

Generally

  • DPA will exercise all reasonable skill and care in carrying out the services agreed to be provided.
  • DPA shall act on behalf of and in the interests of the client.
  • DPA will cooperate with any other consultants appointed by the client (e.g. structural engineer) and will pass relevant information to the other consultants as necessary for coordination of their work.
  • DPA will not employ another Architect or other person not employed by the practice to carry out the services they have agreed to provide.
  • DPA cannot be held responsible for elements outside their control, e.g. whether planning permission will be granted; the performance of other consultants, etc.

Fees and Payments

  • DPA’s fees and expenses will be charged as set out in the letter of appointment.
  • DPA is registered for VAT which is chargeable on all fees and expenses.
  • DPA will keep an up-to-date record of time spent on the project where fees are calculated on a time-charge basis. DPA will also keep a record of expenses incurred in progressing the project.
  • Additional fees may be payable to DPA if additional work is carried out for reasons beyond their control, for example if:

a)    the client instructs additional work to be designed beyond the scope of the original brief agreed.

b)    services by others engaged by the client are delayed or not provided involving DPA in additional work

c)    DPA are obliged to settle disputes between others in relation to the project.

  • Payments will become due to DPA 14 days after issue of an invoice. Any sums remaining unpaid at the expiry of 30 days after the date of issue of an invoice may bear interest at a rate 8% above the Bank of England rate.

Copyright

  • DPA is the owner of the Copyright in the work produced and has the right to be identified as the author of the design work. DPA’s Copyright is licensed to the client for the execution of construction work only upon full payment for DPA’s services in preparing designs for the work.

Resolution of Disputes

  • In the event of any dispute or disagreement arising, the client and DPA would hope to resolve their differences by negotiation or mediation. Alternatively, complaints or disputes can be referred to the Architects Registration Board (ARB) or the Royal Institute of British Architects (RIBA). Respective codes of conduct for Architects can be found on their websites at www.arb.co.uk and www.architecture.com  respectively.

Liabilities and Insurance

  • DPA shall maintain Professional Indemnity Insurance for £1,000,000 for any one occurrence or series of occurrences arising out of any one event.
  • When reasonably requested by the client, DPA shall produce for inspection, documentary evidence of their Professional Indemnity Insurance cover.
  • No liability shall attach to DPA in respect of services except such liability as is covered by DPA’s Professional Indemnity Insurance.
  • No liability shall attach to DPA either in contract or in tort for loss, injury or damage sustained as a result of the act, omission or insolvency of any person other than DPA and DPA shall not be liable to indemnify the client in respect of any claim made against the client for any such loss, injury or damage.

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