RIBA Agreement

Licensed copy from CIS: madhinip213@gmail.com, Steffian Bradley Architects, 31/08/2016, Uncontrolled Copy.
A single copy of this document is licensed to

madhinip213@gmail.com
On
31/08/2016
This is an uncontrolled copy. Ensure use of the

most current version of the document by searching
the Construction Information Service.
Standard
Agreement 2010
0
(2012 revision)
n)
Architect
This pack contains:
Standard Conditions
ditions of Appointment
Appointme fo
for an Architect 2010,
2012 revision
Schedules:
s: Project
ct Data; Services
Ser
Services; Fees and Expenses,
vision
n
2012 revision
Memorandum
orandum
um of Agreement
Agreem
for the Appointment of an
chitect, 2012 revision
revis
Architect,
Notes:
s: Part 1 Use and
a C
Completion; Part 2 Model Letter,
2012
12 revision
www.ribabookshops.com
Stock code 77537
Principal changes in RIBA Standard Conditions of Appointment for an Architect 2010, 2012 revision
Clause
Change
1.1
New denitions: Collaborate and Construction Acts
5.8.2
Applicable to percentage based fees only
5.9
Clarication of Additional Fee Provisions
x{
U /V
VV
U ,iVi>Liii>VVii`
U *>ii`{`>
xx
/V
VV
/Vii`>
5.19
Interest rate is per year
>viiV>*iiii
}>ìv>i>L"i*iìii`Liii`ìLViVi
i` ì LViVi
LV
{
n
Sp
ec
im
en
Standard Conditions of Appointment for an Architect 2010, 2012 revision
-LV>iìii`
/V
VV
nL
iì`Li>V>Liii>
/V
VV
/ViArbitration (Scotland) Act

ctt 2010
Some clauses and denitions, not listed above, have

ve been modied for greater clarity
c
without
w
affecting the obligations of
either party.
Standard Conditions of
Appointment for an
Architect
ct
2010 (2012 revision)
on)
Incorporating Amendment
dment 1, Se
Septem
September 2011
Royal Institute of British Architects
Architect
ctt
Sp
ec
im
en
Standard Conditions of
Appointment for an
2010
(2012 revision)
n)
Incorporating Amendment
ment 1, September 20
2011
Thiss and the followi

following 14 pages (numbered 215) are the RIBA Standard Conditions of
Appointment for an Architect 2010 (2012 revision) referred to in the Agreement relating to
The Projec
Project, namely:
between
The Client, namely:
Initials
and
The Architect, namely:
Initials
Association of
Consultant
Architects
Royal
Incorporation of
Architects in
Scotland
Royal Society of
Architects in
Wales
Royal Society of
Ulster Architects
The components of a Standard Agreement are the Conditions of Appointment, the Schedules of Project Data,
Services and Fees and Expenses, any appendices and a Memorandum of Agreement or Letter of Appointment.
A list of the principal changes from the 2010 Conditions can be found on the reverse of the pack cover sheet and is
also available online at www.ribabookshops.com/agreements.
siness oor commercial
The Standard Conditions of Appointment are applicable for a Client who is acting for business
purposes or is a Public Authority.
The Standard Conditions may also be used for a Client who is a consumer ie a natural
ral person
on acting for pu
purposes
ms in Consume
Consumer
outside his trade, business or profession but the agreement will be subject to thee Unfair Terms
Contracts Regulations 1999. The Regulations require the terms of Agreement,, ie these
se Conditions and the
Memorandum or Letter of Appointment to be individually negotiated see Standardd Agreement, 2012 revisio
revision: Notes.
Sp
ec
im
en
RIBA Agreements 2010, 2012 revision are produced in association with:
Individual architects are required to be registered with the Architects

cts Registration
istration Board, and are su
subject to its
Code and to the disciplinary sanction of the Board in relation to complaints
professional conduct
ts of unacceptable profes
or serious professional incompetence.
All parties must rely exclusively upon their own skill and judgement
when using
udgement
dgement or upon their
the advisers w
components from the suite of RIBA Agreements 2010, 2012 revision, and neither RIBA
nor RIBA Enterprises Ltd
R
no
assumes any liability to any user or any third party.
Copyright Licence
This publication is for the sole use of the

e purchaser.
You may use it for one professional services
ervicess contract only.
You and the other party to your contract
ntract may
ay distribute copie
copies of th
this publication to advisers and to other
ection with the proper pe

performanc of your contract.
persons as necessary in connection
performance
In any other case, you may not distribute

tribute or reproduce the whole
wh or any part of this document in any work,
ectronic
c or any other form, w
withou
whether in hard copy, electronic
without the prior written consent of RIBA Enterprises Ltd.
You may not use the RIBA
BA initials or logo unless you are aan RIBA chartered member or RIBA chartered practice.
Notes on using components

mponents
onents in PDF format
Conditions of Appointment
available as locked PDFs. They are copyright protected as literary
ntment
ment and guides are avail
availa
works and cannot be edited.
dited. Amendments
Amendme to tthe Conditions, if needed, are made by hand on the face of the
document or in a separate appendix.
appendix
When downloaded from the website
ebsite www.ribabookshops.com/agreements Conditions of Appointment will
include the project details name of project, client and architect or consultant in the identification box and as
a footer on each page inserted by the purchaser online.
An agreement in electronic format will comprise the Conditions together with the core and/or other components
that are also available online in Rich Text Format (RTF) as required. These components, eg schedules and notes
and model letters, can be customised using most commonly used word-processing software, such as MS Word,
to meet project requirements or modified to match the house style of the practice.
Copyright notice
Royal Institute of British Architects, 2010, 2012
Standard Conditions of Appointment for an Architect, 2012 revision
Published by RIBA Publishing, 15 Bonhill Street, London EC2P 2EA
First published 2010; updated September 2011
Revised edition published 2012
RIBA Publishing is part of RIBA Enterprises Ltd.
www.ribaenterprises.com
1
1.1
Definitions and interpretation etc.

Definitions
Where defined terms are used in this Agreement they are distinguished by an initial capital letter.
The following definitions apply to all documents comprising this Agreement and are in addition to
those set out elsewhere in this Agreement.
Brief means the latest statement of requirements for the Project issued or approved by the Client:
U >Vi]>>>iiLi
i
U >viV>vV>viLiVi]ii} iv"-iVvV>>`
U >Liiìiii*iV iv
The Brief shall include any information or drawings prepared by or on behalf of the Architect and
approved by the Client during the development of the Brief.
v "
Collaboratei>Vi>i>`ìiViiv"i*i]>>ì
ork or service
requested, information reasonably necessary for performing work
services and, where the
nformation.
Architect considers itself competent to do so, to comment on such information.
Sp
ec
im
en
Archite
Confidential Information means all information relating to the Clients and the Arch
Architects business
ceives or acquires from the othe
and affairs which either party directly or indirectly receives
other party or any
nic mail or verbally.
verba
representative of the other party either in writing, by electronic
ruction and Regeneration
Regene
Construction Acts means the Housing Grants Construction
Act 1996 and the Local
onstruction
ction Act 2009
2009.
9
Democracy Economic Development and Construction
Construction Cost means:

V}
V} i
i *iV > iVvi
U i
i>L`}ivVV}i*iV>iVviì*iV>>ii
air and reasonable
sonable amo
amount; or su
such amount is specified a fair
subsequently
i>i`` i>i >i`
>i L
U i>ivi>i>iì>i>i`Li
iii>V>Li
V} i
i *iV
V >}ii
U i>V>VvVV}i*iV>}iiiìi>v>v>>VVv
the Project; and
imitation):
n):
includes (without limitation):
i v > ii >`
U iV>viv>ii>`>i>ì`Liì`Li
i>
or for installation
nstallation during co
construc
contractor
construction of the project;
iV
V>i` L L
U > ìVV>i`LLi>vvi
i>`
v
v V>V v
>`
U vV>Vv>ìi>`>`
cludes:
ude
excludes:
`ì` />
U 6>i
6>i`ì`/>
i
U vii
v i
i
U iVviv>ì
i}>
>
U i
ii}>>ìiii
`
U >>ìii>i>`>V>V
U >>ìv>`>i``>>}iì`Vi`Li
i
Other Person means any person, company or firm, other than the Architect or any sub-consultant
of the Architect, including but not limited to consultants, contractors, sub-contractors, specialists,
site inspectors or clerks of works, statutory bodies or undertakers, approving or adopting authorities,
who have performed or will perform work or services in connection with the Project.
Project is defined in the Project Data.
Project Data means the matters set out in the Project Data schedule, which may be varied by agreement.
Services means the services to be performed by the Architect specified in the Services schedule,
which may be varied by agreement.
Timetable means the Clients initial programme for performance of the Services as specified in the
Project Data, or where no such programme is specified it shall be a fair and reasonable period.
Subsequently, the Timetable shall be the latest programme approved by the Client.
3
1.2
1.3
Interpretation
The headings and notes to the Conditions are for convenience only and do not affect interpretation.
Words denoting natural persons include corporations and firms and vice versa.
Communications
Any notice or other document required under this Agreement shall be in writing and given or served
by any effective means to the address of the recipient specified in this Agreement or such other
address, including a postal address or fax number notified to the other party.
Communications between the Client and the Architect that are not such notices or documents
may be sent to any other address, including an email address, notified by the other party as an
appropriate address for specific communications. Communications take effect on receipt, but are
of no effect unless and until confirmed by the recipient or the other party in writing or by email.
d (sub
Communications sent by special delivery or recorded delivery shall be deemed
(subject to proof to the
g day after
fter pposting.
contrary) to have arrived at the appropriate address on the second working
1.4
1.5
1.6
2
2.1
Public holidays
ed period
od of days from a sp
spec
Where under this Agreement an action is required within a specified
specified
eriod shall
hall include Satu
Saturdays an
date, that period commences immediately after that date. The period
and
Sundays but shall exclude any day that is a public holiday.
Sp
ec
im
en
Duration
e Clientt and the Architect
Archi
as long as necessary to
The provisions of this Agreement continue to bind the
ns.
give effect to their respective rights and obligations.
Applicable law
gland and Wales or Nor
Northern Ire
This Agreement is subject to the law of England
Ireland or Scotland as
ct to clause
ause 9.3 the parties subm
specified in the Project Data and subject
submit to the exclusive jurisdiction
of the specified jurisdiction.
hitect
Obligations and authority of the Architect
Duty of care
se reasonable skill, care and diligence in accordance with the normal
The Architect shall exercise
e Architects profession iin perfor
standards of the
performing the Services and discharging all the obligations
use
se 22.
under this clause
2.2
Duty to inform
all keep
eep the Cl
Client in
The Architect shall
informed of progress in the performance of the Services and of any
Bri the Construction Cost, the Timetable, or the quality of the Project.
issue that may affectt the Brief,
2.3
m the Client upon becoming aware of:

The Architect shall inform
> ii`>"i*iiviViViVi*iV
and/or
> v>]ìV>Vii`vi
i"i*iViV
performance of the Services.
Collaboration
/iViV>
>L>i"i*i>iì*iV>>V>i>>L
be expected to perform work or services and, as applicable, shall integrate relevant information
received from such persons into the Architects work.
2.5
Architects authority
The Architect shall act on behalf of the Client in the matters set out or necessarily implied in this
Agreement or in project procedures agreed with the Client from time to time, but has no authority,
without the Clients prior approval:
2.5.1 to enter into any contractual or other commitment on behalf of the Client;
x i>iiiiv"i*i>i`Li
i
2.5.3 to make or cause to be made any material alteration to or addition to or omission from the
Services or the approved design.
In the event of an emergency, the Architect may issue instructions to a contractor to prevent danger
to persons or material damage to the Project without the Clients prior approval, and shall confirm
such action in writing to the Client without delay.
2.6
2.7
2.8
2.9
Architects Representative
The Architects Representative shall have full authority to actt on behalf
for all
half of the Architect
Ar
purposes in connection with performance of the Services save where
the contrary.
ere advised to tth
Sp
ec
im
en
Photography
The Architect shall have the right to publish photographs
shall give
ographs of the Project, and the Client
C
reasonable access to the Project for this purpose
completion of the
ose for two years after practical
pra
construction works.
Publicity
ent of the Client, which consent
c
s
The Architect shall obtain the consent
shall
not be unreasonably
withheld or delayed, before publication
about the Project, unless reasonably
ication off any other information
in
necessary for performance off the Services.
ervices
Confidentiality
The Architect shall nott disclose
ose Confidential Information
In
Informat unless:
2.9.1 disclosuree is necessary

performance
of the Services, or in order to take
sary for the proper
p
per
professional
or the Services, or in order to obtain/maintain
sional advice in relation to this Agreement
A
insurance
rance cover
over as required by
b this Agreement;
2.9.2 it is in the public domain
due to wrongful use or disclosure; or
domai other than
t
9.33 disclosure is required by law
l or because of disputes arising out of or in connection with this
2.9.3
Agreement.
auth
Obligations and authority
of the Client
3.1
Clients Representative
The Clients Representative shall have full authority to act on behalf of the Client for all purposes in
connection with the matters set out in this Agreement save where advised to the contrary.
3.2
Information, decisions, approvals, etc

The Client shall supply the initial statement of the Clients requirements and shall advise the relative
priorities of the Clients requirements, the Brief, the Construction Cost and the Timetable.
3.3
The Client shall provide, free of charge, all the information in the Clients possession, or reasonably
obtainable, which is necessary for the proper and timely performance of the Services and the
Architect shall be entitled to rely on such information.
3.4
The Client shall give decisions and approvals and shall take such actions necessary for the proper
and timely performance of the Services.
3.5
3.6
3.7
3.8
Instructions
The Client (or the Lead Consultant, or other consultant designated by the Client) may issue reasonable
instructions to the Architect.
Where the Architect has responsibility to direct and/or co-ordinate the work or services of or give
V"i*i]VV>Lii`}iViV>ì
Architect shall not be responsible for any instructions issued otherwise.
Applications for consent
The Client shall instruct the making of applications for consents under planning legislation, building
acts, regulations or other statutory requirements and from others having an interest in the Project.
The Client shall pay any statutory charges and any fees, expenses and disbursements in respect of
such applications.
Appointment of Other Persons
equire the Client
Where work or services, other than those to be performed by the Architect,, are require
required,
iVi
Vi >`
>>iii}>}i"i*iivViVi>`>ii
them to Collaborate with the Architect.
Sp
ec
im
en
Li ivi`
ivi` L
L "i
"i *i
/ i
i>Vv}iViViiViLiivi`L"i*i]
ent.
their disciplines and the expected duration of their employment.
arrant the
he competence, performa
pe
The Client acknowledges that the Architect does not warrant
performance, work,
iVi]`ViVv>V"i*i
3.9
3.10
o undertake construct
construction works and not the Architect
The Client shall hold the contractor appointed to
onal methods necessary ffor the proper carrying out and
responsible for the management and operational
ompliance
nce with the building
build con
completion of the construction works in compliance
contract or contracts.
Time and cost
oes not war
warrant:
The Client acknowledges that the Architect does
on and other approvals fro

from thir
3.10.1 that planning permission
third parties will be granted at all, or in
ny anticipated
ted time-scale;
time-sca
accordance with any
3.11
3.12
3.10.2 compliance with thee Construction Cost and/o

and/or the Timetable, which may need to be reviewed
atters as, but not limite
limited to:
for such matters
roved
oved variations arising fr
from des
(a) approved
design development or requested by the Client;
riation
tion in market prices;
(b) variation
V>i`
V>i L > "i
i *
Vì>V>i`L>"i*i>`>iv>VLiìVvi
ct;
Architect;
ery at any
a time
tim of previously unknown conditions.
(d) the discovery
Legal advice
The Client shall procure such legal advice and provide such information and evidence as required for
iiv>ìLiiii
i>`>"i*i
Confidentiality
The Client shall not disclose Confidential Information unless:
3.12.1 disclosure is necessary to take professional advice in relation to this Agreement or the
Services;
3.12.2 it is in the public domain other than due to wrongful use or disclosure; or
3.12.3 disclosure is required by law or because of disputes arising out of or in connection with this
Agreement.
Assignment and sub-contracting

Assignment [1]
Neither the Architect nor the Client shall at any time assign the benefit of this Agreement or any rights
arising under it without the prior written consent of the other, which consent shall not be
unreasonably withheld or delayed.
4.1
Sub-contracting
With the consent of the Client, which consent shall not be unreasonably withheld or delayed, the Architect
may appoint a sub-consultant or sub-consultants to perform part of the Services. Any such sub-contracting
shall not relieve the Architect of responsibility for carrying out and completing the Services in accordance
with this Agreement. Such consent shall not be required in respect of agency or self-employed staff.
4.2
4.3
5
5.1
5.2
Specialist services
If during performance of the Services it is the Architects opinion that
benefit the Client, the
at it would
w
ViV>iVi`>i
i>"i*i>>ii`}i>`
>
experience to perform part of the Services. If the Client agreess to make
ke such appointment,
ap
it shall be
>ììì>"V>ii
i>}iiViiViV]
> }i
i i
V
who shall be relieved of responsibility and liability for that
at element
ment of the Services.
Services
Sp
ec
im
en
/iViV>
>L>iV"i*i
Fees and expenses
Calculation of fees
ervices and/or any additional
additio services
se
The fees for performance of the Services
shall be calculated in
F
accordance with this clause 5 and ass specified in the Fees
and Expenses Schedule, 2012 revision,
ent.
or in the Letter of Appointment.
Basic Fee
erformance
ance of the Services
Service shall
shal be:
The Basic Fee for performance
he Project iss for the design

desi and carrying
c
5.2.1 where the
out of construction works, including the
specified
the construction period:
ified number
umber of site visits during
d
(a)) a percentage
applied
to the Construction Cost in accordance with clause
entage or percentages
per
a
5.4; and/or
(b)
with clause 5.5; and/or
(b a lump
mp sum or sums
sum in accordance
ac
(c) time charges in accordance
with clause 5.6; and/or
accor
ac
(d) any combination of these; and/or
(e)
method.
e) another agreed
a
her professional
profe
5.2.2 for other
services:
(a) a lumpp sum
s or sums in accordance with clause 5.5.1; and/or
(b) time charges in accordance with clause 5.6; and/or
(c) another agreed method.
Other fees
iv>Viv"i-iViiVviì-iViViì]LVìì >V
Fee, the fee for each service shall be:
5.3.1 a lump sum or sums in accordance with clause 5.5.1; and/or
5.3.2 time charges in accordance with clause 5.6; and/or
5.3.3 another agreed method.
[1] Assignation in Scotland.
5.4
5.5
Percentage fees
Where this clause 5.4 applies, and subject to clause 5.8.2, the Basic Fee shall be the specified
percentage applied to the actual Construction Cost:
Lump sums
Where this clause 5.5 applies, and subject to clause 5.8.2, the Basic Fee shall be:
5.5.1 the specified lump sum or lump sums; or
5.5.2 a lump sum or lump sums for each work stage calculated by applying the specified
percentages to the Construction Cost on completion of Work Stage D; or
5.5.3 a lump sum for each work stage calculated by applying the relevant specified percentage to
the Construction Cost at the end of the previous stage.
5.6
5.7
Time charges
ying the time
Where this clause 5.6 applies, the time-based fee shall be ascertained by multiplying
ourly orr daily rate fo
reasonably spent in the performance of the Services by the specified hourly
for the
tion with perform
perfo
relevant personnel. Time reasonably spent includes the time spent in connection
performance
cts office.
fice.
of the Services and in travelling from and returning to the Architects
Sp
ec
im
en
Revision of lump sums and other rates

ess anyy amounts previous
previously claim
Every 12 months, lump sums complying with clause 5.5, less
claimed, and
anges in the Avera
Average Ea
rates for time charges shall be revised in accordance with changes
Earnings Index
rdance with changes
chan
in tthe Consumer Price
and rates for mileage and printing shall be revised in accordance
Index.
Each 12 month period shall commence on thee anniversary
sary of the Effective
Eff
Date of this Agreement specified
in the Project Data, or where clause 5.5.2 or 5.5.3 applies the date of calcula
calculation of the lump sums.
5.8
Fee adjustment
The Basic Fee shall be adjusted:
ance for any

ny loss and/o
and/or expense if:
5.8.1 including due allowance
ges are
re made to the Brie
Brief and/o
(a) material changes
and/or the Construction Cost and/or the Timetable,
e extentt that any change arises
ar
ffrom a breach of this Agreement by the Architect;
save to the
and/or
(b) the Services
ervices are varied by agr
agreemen
agreement;
ercentage fees in accord
accordan with clauses 5.4, 5.5.2 or 5.5.3 apply, to compensate for
5.8.2 wheree percentage
accordance
ction of the Constructio
any reduction
Construction Cost arising solely from deflationary market conditions not
he Effective
Effecti Dat
prevailing att the
Date.
5.9
Additional fees
Where the Architect for reasons
a
beyond the Architects reasonable control incurs extra work or loss
and expense for which the Architect would not otherwise be remunerated, the Architect shall be
entitled to additional fees calculated on a time basis as set out in clause 5.6 unless otherwise agreed.
Matters in relation to which the Architect shall be entitled to additional fees include but are not limited
to circumstances where:
5.9.1 the Architect is required to vary any item of work commenced or completed pursuant to this
Agreement or to provide a new design after the Client has authorised the Architect to develop
an approved design;
5.9.2 the nature of the Project requires that substantial parts of the design cannot be completed or
must be specified provisionally or approximately before construction commences;
5.9.3 performance of the Services is delayed, disrupted or prolonged; and
5.9.4 the cost of any work, installation or equipment for which the Architect performs Services is
omitted from or not included in the Construction Cost.
The Architect shall inform the Client on becoming aware that this clause 5.9 will apply.
This clause 5.9 shall not apply to the extent that any adjustment under clause 5.8.1 applies to the same
events or to any other change or extra work or expense which arises from a breach of this Agreement
by the Architect.
Supplementary agreements
If the Architect consents to enter into any supplementary agreement, the terms of which are agreed
by the Architect after the date of this Agreement, the Architect shall be entitled to payment of the
Architects reasonable costs of assuming such additional liability, including but not limited to legal
advice, and the amount of any additional professional indemnity insurance premium.
5.10
Tender not accepted

er or tenders
nders for work or services in
Where the Architect is instructed by the Client to invite a tender
ted, the Architect shall
sha be entitled to fees
connection with the Project but no tender is made or accepted,
due up to and including RIBA Work Stage H applied to thee Construction
ruction Cost or that
tha part
p of it relating
to the said work or services current at the date of invitation
ation to
o tender.
5.11
Sp
ec
im
en
Expenses and disbursements

The Client shall reimburse the Architect for expenses
xpensess in the manner spe
specified in the Schedule of Fees
and Expenses.
5.12
Maintain records
The Architect shall maintain records
Services performed
on a time basis for the
ds of time spent on Servic
per
purpose of verifying charges under
shall in addition
der clause
ause 5.6 and shal
addit maintain records of any expenses
and disbursements to be reimbursed
shall make such records available to
mbursedd at net cost. The Architect
Archite
A
the Client on reasonable request.
5.13
5.14
[2]
Payment notices
The Architect shall
all issue payment noti
notices at the iintervals specified in the schedule of Fees and
expenses.
ce shallll comprise the Architects
Architect account setting out the sum that the Architect considers to
Arc
Each notice
be due at the payment due date
da including
includ all accrued instalments of the fee and other amounts due,
lesss any amounts previously paid and
an stating the basis on which that sum is calculated , which shall
e the
the notified sum. The pa
paymen
be
payment due date shall be the date of the Architects payment notice.
Instalments
alments of fees shall be calculated
c
on the Architects reasonable estimate of the percentage of
etionn of the Services
Se
completion
or stages or other services or any other specified method.
hall pay th
The Client shall
the notified sum within 14 days of the date of issue of the relevant notice (which
nal date
d for payment) unless:
shall be the final
(a) The Architect has become insolvent (as defined in the Construction Acts at any time between the
last date on which the Client could have issued the Notice under 5.15 and the final date for
payment);
(b) The Client issues a notice under 5.15.
iii>ì>`>>Li>Liivi`/i
i>ì>>iv
"
any undisputed part of the notified sum.
The Architect shall submit the final account for fees and any other amounts due when the Architect
reasonably considers the Services have been completed.
[2] In the event of non-payment of any amount properly due to the Architect under this Agreement, the Architect is entitled to
interest on the unpaid amounts under the provisions of clause 5.19, may suspend use of the licence under the provisions of
clause 6, may suspend or terminate performance of the Services and other obligations under the provisions of clause 8, or may
commence dispute resolution procedures and/or debt recovery procedures.
5.15
Notice of intention to pay less

If the Client intends to pay less than the notified sum the Client shall give a written notice to the
Architect not later than five days before the final date for payment specifying the amount that the
Client considers to be due on the date the notice is served, the basis on which that sum is calculated
and, if any sum is intended to be withheld, the ground for doing so or, if there is more than one ground,
each ground and the amount attributable to it. The Client shall on or before the final date for payment
make payment to the Architect of the amount if any specified in the written notice.
If no such notice is given the amount due and payable shall be the notified sum stated as due in the
Architects account. The Client shall not delay payment of any undisputed part of the account. If the
Client issues such a notice and the matter is referred to an adjudicator who decides that an additional
sum greater than the amount stated in the notice of intention to pay less is due, the Client shall pay
that sum within seven days of the date of the decision or the date which apart from the notice would
have been the final date for payment.
5.16
Set-off
ement unless tthe amount
The Client shall not withhold any amount due to the Architect under thiss agreement
unal to which
ich the matter is
has been agreed with the Architect or has been decided by any tribunal
referred as not being due to the Architect.
ent would otherwise be entitled to
All rights of set-off at common law or in equity which the Client
exercise are expressly excluded.
5.17
Payment on suspension or termination

ce of any or all of the Serv
Services oor terminates
If the Architect or the Client suspends performance
gations
ions the Architect shall
sh issue an account or
performance of the Services and/or other obligations
le and the
e Architect sh
shall be ent
accounts as soon as reasonably practicable
entitled to:
prope due tto the date of the last instalment
5.17.1 payment of any part of the fee and otherr amounts properly
mount up to the date of ter
terminati
and a fair and reasonable amount
termination or suspension; and
e under clause 6; an
5.17.2 payment of any licence fee due
and
damage cause
5.17.3 reimbursement of any losss and/or damages
caused to the Architect by reason of the
he termination,
mination, save where
wher the Client gives notice of suspension or termination
suspension or the
he material or persistent
persis
breac
by reason of the
breach of the Agreement by the Architect.
5.18
5.19
orr suspension is remedied

remedied, the A
If the reason for
Architect shall be entitled to reimbursement of the
sts of resumption of perform
perf
reasonable costs
performance of the Services and other obligations in accordance
1.44 (a) and whether or not the reason for the suspension is remedied, the Architect shall
with clause 8.1.4
o a reasonabl
reasonable amou
also be entitled to
amount in respect of costs and expenses reasonably incurred by the
Architect as a result of the eexercis
exercise of the Architects right to suspend performance.
Late payment
In the event that any amounts are not paid by the Client or the Architect when properly due, the
Architect shall be entitled to simple interest on such amounts until the date that payment is received
at the daily rate equivalent to 8% per year over the dealing rate of the Bank of England Rate current
at the date that payment becomes overdue, together with such costs reasonably incurred and duly
mitigated by the Architect (including costs of time spent by principals, employees and advisors) in
obtaining payment of any sums due under this Agreement.
The Architects entitlement to interest at the specified rate shall also apply in respect of any amounts
that are awarded in adjudication, arbitration or legal proceedings.
10
5.20
Recovery of costs
The Client or the Architect shall pay to the other party who successfully pursues, resists or defends
any claim or part of a claim brought by the other:
5.20.1 such costs reasonably incurred and duly mitigated (including costs of time spent by principals,
employees and advisors) where the matter is resolved by negotiation or mediation; or
5.20.2 such costs as may be determined by any tribunal to which the matter is referred.
VAT
x >`ìvii>ìii]i
i>>>6>i`ì`/>V>}i>Lii
Architects fees and expenses.
6
6.1
6.2
6.3
Copyright and use of information

Copyright
The Architect shall own all intellectual property rights including
ding thee copyright in tthe original work
produced in the performance of the Services and generally
moral rights to be
lly asserts the Architects m
identified as the author of such work.
Sp
ec
im
en
without tthe consent of the

No part of any design by the Architect may be registered
gistered[3] byy the Client w
Architect in writing.
Use of information
The Client shall have a licence to copyy and use drawings, documents
docum
and all other such work
produced by or on behalf of the Architect
chitect
ct in performing the Services,
Service hereinafter called the Material.
The Material may be used for the construction
nstruction of the Project
P
aand for the operation, maintenance,
ation, promotion,
omotion, leasing and/or sale of the Project. The Material may not
repair, reinstatement, alteration,
be used for reproductionn of the design
ign for any part
p of any
an extension of the Project, and/or for any
other project except on payment
yment of a licence fee
fe spe
specified in this Agreement or subsequently agreed.
v i >i>
i> L > "i
"
*i
}ivi>i>L>"i*i>Liìii`Liii`ì>
sub-licence grantedd by the Client, whether

whe
ssuch Material was issued by the Client or on the
Clients behalf.
half.
The Architect shall not be liab
liable if the Material is modified other than by or with the consent of the
rchitect
hitect or used for any purpose
pu
Architect
other than the purposes for which it was prepared.
Provided
ided
ded that:
th
6.3.1 if it is intended
intend to make any permitted use after the date of the last Service performed under
this Agreement:
greemen
(a) the Architect,
following a request from the Client, shall confirm the degree of completion of
rch
the Material; and
(b) the Client shall pay to the Architect any specified licence fee or a reasonable licence fee;
6.3.2 if at any time the Client is in default of payment of any fees or other amounts properly due, the
Architect may suspend further use of the licence and any sub-licences on giving seven days
notice of the intention of doing so. Use of the licence may be resumed on receipt of such
outstanding amounts;
6.3.3 the Client obtains or ensures that any third party obtains any necessary licence and pays any
fees arising for access to any software used to produce any of the Material.
[3] Under the Registered Designs Regulations 2001.
11
6.4
7
7.1
7.2
Patents etc
The Basic Fee for performance of the Services shall include all royalties, licence fees or similar
expenses in respect of the making, use or exercise by the Architect of any invention or design for the
purpose of performing the Services.
Liability and insurance

Time limit for action or proceedings
No action or proceedings arising out of or in connection with this Agreement whether in contract,
in tort[4], for negligence or breach of statutory duty or otherwise shall be commenced after the expiry
of the period specified in the Project Data from the date of the last Services performed under this
Agreement or, if earlier, the date of practical completion of construction of the Project or such earlier
date as prescribed by law.
Limit of liability
In any such action or proceedings:
Sp
ec
im
en
mount of the Architects

Archite
7.2.1 The Architects liability for loss or damage shall not exceed the amount
professional indemnity insurance specified in the Projectt Data, providing the Architect
Arc
has
h
in
notified the insurers of the relevant claim or claims ass required by the terms of such insurance.
cer or director
rector of a company
compan or a member of a
7.2.2 No employee of the Architect, including any officer
e Architect,
tect, shall be personally
per
li
limited liability partnership or any agent of the
liable
to the Client
bility whatsoever arising from
f
p
for any negligence, default or any other liability
performance
of the
Services.
7.3
Net contribution
A
Without prejudice to the provisions of clause 7.2.1, the liability of the Architect
shall not exceed such
sum as it is just and equitable for the
e Architectt to pay having regard to the extent of the Architects
responsibility for the loss and/orr damage
ge in question and on the assumptions that:
> iV>]V>V>`"i*i>iìì
iV>V>
] V>V
>` "i
i *i
undertakings on terms
erms no less onerous than
tha those of the Architect under this Agreement;
7.3.2 there are no exclusions
ons of or limitations
limit
of liability
lia
nor joint insurance or co-insurance
provisionss between the Client and any other
oth person referred to in this clause; and
7.3.3 all thee persons
have paid to the Client such sums as it would be just
ersons referred to in this clause
cla
uitable
table for them to pay having
hav regard to the extent of their responsibility for that loss
and equitable
mage.
e.
and/or damage.
7.4
Professional indemnityy insurance

insuranc
The Architect shall maintain
ain until at least the expiry of the period specified in clause 7.1 professional
indemnity insurance with a limit of indemnity of not less than the amount or amounts specified in the
Project Data provided such insurance continues to be offered on commercially reasonable terms to
the Architect at the time when the insurance is taken out or renewed.
Such insurance shall be subject only to such other limitations, exceptions and exclusions as are
commonly included in such policies.
7.5
The Architect, when reasonably requested by the Client, shall produce for inspection a brokers letter
or certificate confirming that such insurance is being maintained.
[4] Delict in Scotland.
12
7.6
7.7
The Architect shall inform the Client if such insurance ceases to be available at commercially
reasonable terms or subsequent to the date of this Agreement any restrictions are attached to the
policy or an aggregate limit applies to any matters other than those specified in the Project Data in
order that the Architect and Client can discuss the best means of protecting their respective positions.
Supplementary Agreements
Where it is specified in the Project Data:
7.7.1 that the Architect will be required to enter into a collateral warranty with a third party or third
parties and the terms of which together with the names or categories of other parties who will
sign similar warranties are appended to this Agreement, the Architect shall enter into such
agreement or agreements within a reasonable period of being requested to do so by the Client;
7.7.2 that a Third Party Rights Schedule[5] in favour of a third party or third parties is applicable and
appended to this Agreement; the rights of a third party shall come
ome into
i effect on the date of
me of the third party and the
receipt by the Architect of a notice from the Client stating the name
nature of its interest in the Project; and/or
Sp
ec
im
en
7.7.3 that a supplementary agreement is applicable under

der which
ch the Architect is to provide services
lete the
e design and construction
con
to a contractor appointed by the Client to complete
of the Project,
reement, the Architect shall
sha enter
ente into such
and such agreement is appended to this Agreement,
ctor appointed
ppointed to complete
comple the design
d
agreement with the Client and the contractor
and
asonable
e period of being requested
rreques to do so by the Client.
construction of the project within a reasonable
plementary
tary agreement or third
t
pa rights shall confer no
It shall be a condition that any such supplementary
party
ann is conferred to the Client
Cl
unde this Agreement and that all fees
greater benefit to the beneficiaries than
under
o the Architect
hitect have been paid
p at the date when it comes into effect.
and other amounts properly due to
7.8
8
8.1
Rights of third parties

erred by clauses 7.2.2 and 7.7.2, nothing in this Agreement shall confer or is
Except for the rights conferred
o enforce any of its
it terms on any person who is not a party to it other
intended to confer any right to
es.
than lawful assignees.
rmination
Suspensionn or termination
Suspension
ension
Thee provisions for suspension
suspensio are:
8.1.11 The Client may suspend

suspen or end the performance of any or all of the Services and/or other
obligations
gations by giving not less than seven days notice in writing to the Architect specifying
the Services
Service affected.
affe
8.1.2 The Architect
hite may suspend performance of any or all of its obligations on giving not less than
seven days notice in writing to the Client of the intention and stating the ground or grounds on
which it is intended to do so. Such ground or grounds include but are not limited to:
(a) that the Client fails to pay any fees or other amounts due by the final date for payment
unless, where applicable, the Client has given effective notice under clause 5.15 of the
intention to pay less than the amount stated in an Architects account; or
(b) that the Client is in material or persistent breach of the obligations under this Agreement; or
(c) that the Architect is prevented from or impeded in performing the Services for reasons
beyond the Architects reasonable control; or
(d) force majeure.
8.1.3 The Architect shall cease performance of the suspended Services and/or other obligations in
an orderly and economical manner on the expiry of the notice period after receipt or giving of a
notice of suspension.
[5] Not in Scotland.
13
8.1.4 If the reason for a notice of suspension arises from a default:

(a) which is remedied, the Architect shall resume performance of the Services or other
obligations within a reasonable period; or
(b) which is not remedied by the defaulting party, the other party shall have the right to treat
performance of the Services or other obligations affected as terminated on giving
reasonable written notice.
8.1.5 Where Services are suspended by either party and not resumed within six months the other
Party shall have the right to treat performance of the Services and/or other obligations affected
as terminated on giving at least seven days further written notice to the other Party.
8.1.6 Any period of suspension arising from a valid notice given under clause 8.1.1 or clause 8.1.2
shall be disregarded in computing for the purposes of any contracting time limit the time taken
by the Architect to complete any work directly or indirectly affected by the
e exercise of the
Architects right to suspend performance.
8.2
Termination
The provisions for termination are:
Sp
ec
im
en
8.2.1 The Client or the Architect may by giving reasonable notice

ce to the
e other terminate performance
perform
of the Services and/or other obligations, stating the reasons
and
asons for doing so and the Services
Servi
obligations affected.
8.2.2 Performance of the Services and/or other obligations
by notice
gationss may be terminated
terminate immediately
imme
from either party if:
kruptcy
ruptcy or is subject to a receiving
receiv or administration
(a) the other party commits an act of bankruptcy
order, and/or goes into liquidation, and/or becomes insolvent,
insolven and/or
and/ makes any
arrangements with creditors; orr
(b) the other party becomes unable
through
death or incapacity.
able to perform its obligations
obliga
th
n "
i>viv>Vivi-iVi>ìL}>]>Vvi>i>
>Vi v i -iVi
iV >`
>` i
deliv
not previously provided to the Client, shall be delivered
on demand to the Client by the
Architect, subject to the terms of the licence
6.3 and payment of any outstanding
licenc under clause
c
fees and other amounts
reasonable
expenses.
mounts due plus the Architects
Archi
r
tion[6]
Dispute resolution
9.1
The Client and

nd the Architect may attempt
attem to
t settle any dispute or difference arising under the
Agreement by negotiation
egotiation or mediation,
mediation if suitable, or either party may refer the matter to
adjudication, arbitration
ration
tion or legal
leg proceedings
pro
as specified in the Project Data.
9.2
Adjudication
Either party may give notice
ce at any time of the intention to refer a dispute or difference to an
adjudicator.
9.2.1 Referral of the dispute to such adjudicator shall be made within seven days of such notice.
9.2.2 The appointment of the adjudicator shall be made in accordance with the procedures identified
in the Project Data.
9.2.3 The parties may agree who shall act as adjudicator or, the adjudicator shall be a person
nominated at the request of either party by the nominator specified in the Project Data.
9.2.4 The adjudicator may allocate between the parties the costs relating to the adjudication,
including the fees and expenses of the adjudicator, in accordance with the provisions of
clause 5.20.
[6] The Architect is expected to operate in-house procedures to promptly handle complaints and disputes relating to specific project or
performance matters.
14
Arbitration
The provisions for arbitration are:
9.3
9.3.1 Without prejudice to any right of adjudication, where in the Project Data an arbitration
agreement is made and either party requires a dispute or difference (except in connection with
the enforcement of any decision of an adjudicator) to be referred to arbitration then that party
shall serve on the other party a notice of arbitration to that effect and the dispute or difference
shall be referred to a person to be agreed between the parties or, failing agreement within
14 days of the date on which the notice is served, a person appointed by the appointor specified
in the Project Data on the application of either party.
9.3.2 Where the law of England and Wales or Northern Ireland is the applicable law:
(a) the Client or the Architect may litigate any claim for a pecuniary remedy which does not
exceed 5,000 or such other sum as is provided by order made
de under section 91 of the
Arbitration Act 1996;
(b) in such arbitration the Construction Industry Model Arbitration
Rules (CIMAR) current at the
rbitration
ion Rule
date of the reference shall apply; and
o in Sectionn 38(3) of the Ar
A
(c) the arbitrator shall not have the power referred to
Arbitration Act 1996.
Sp
ec
im
en
w such arbitration shall be conducted

cond
9.3.3 Where the law of Scotland is the applicable law
in
accordance with the provisions of the Arbitration
tration (Scotland)
cotland) Act 22010.
20100.[7]
10
Consumers right to cancel[8]
10.1
The consumer Client has the right too cancel

ancel this Agreement for any reason by delivering or
ancellationn notice to the
th Architect
Architec at any time within the period
sending (including by email) a cancellation
Agreem was
wa made.
of seven days starting from thee date when this Agreement
10.2
on is deemed
ed to be served as soon
soo as it is posted or sent to the Architect
The notice of cancellation
ectronic
ic communication on the day it is sent to the Architect.
or in the case of an electronic
10.3
cted to perform
perfo any services
se
If the Architect was instructed
before the Agreement was made or before
the end of the sevenn day period and the
th instruction
instru
or instructions were confirmed in writing, the
e
Architect shall bee entitled to any fees and expenses
properly due before the Architect receives
the notice
cee of cancellation.
cancell
10.4
addresse to the
th Architect and state:
Thee notice is to be addressed
The Client <name> hereby gives

giv notice that the RIBA Standard Agreement, 2012 revision with
chitect
ect <insert
<inser name>
name and signed [on our behalf] by <name of person(s) who [will sign]
the Architect
[signed]> on
<date of signing>
ing> is cancelled.
c
Client signature(s):
<address>
<date>
[7] The parties will need to consider whether any of the default rules in the Arbitration (Scotland) Act are to be modified or identified as not
applicable.
[8] This clause applies where the Project relates to work to the Clients home or a second home including a new home and the Client is a
consumer who is acting for purposes outside his/her trade, business or profession and has signed this Agreement in his/her own name,
ie not as a limited company or other legal entity.
15
Incorporating Amendment 1, September 2011
Standard Conditions of Appointment for an Architect, 2012 revision is designed to create

a fair balance of risk between the Architect and the Client and sets out the obligations of the
parties.
It is part of a pack RIBA Standard Agreements, 2012 revision Architect that also
contains:
im
en
Schedules, 2012 revision:

r Project Data, 2012 revision: this component is essential and is used for recording projectspecific details such as the amount of PI Insurance.
r Services, 2012 revision, comprises three parts: Role Specifications, defining
responsibilities; Design Services, compatible with the RIBA Outline Plan of Work 2007 and
suitable for use for designers in any profession; and Other Services, a facility for tailoring
the agreement to the project. It can be replaced or added to using
electronic schedules
ing e
available from www.ribabookshops.com/agreements
r Fees and Expenses Schedule, 2012 revision: this schedule
e is optional and
a can be used
with any of the RIBA Agreements, 2012 revision.
Memorandum of Agreement for the Appointment of an Architect, 2012
20 revision: a formal
method of agreeing the contract.
Notes, 2012 revision: Part 1 Use and Completion;
the Model Letter is
on; Part 2 Model Letter:
Le
signed by hand as a simple contract.
The RIBA Agreements

s 2010, 2012 revision su
suite of do
documents offers a very
flexible, versatile system
professional services
contracts.
stem for
or creating profess
s
Printed Versions
ns
Only the most
Agreements 2010,
st popular
ular RIBA Agreeme
20 2012 revision are published in print
in packs with corresponding
bundles of core
components. A new pack must be
esponding b
c
bought for every new appoint
appointment. They
Th are completed and amended by hand.
Electronic
ectronic
ic Versions
The whole suite of documents
is available electronically, including many
do
components that are not available
in print.
av
They are available fro
from www.ribabookshops.com/agreements and are:
affordable
abl
re-usable
re-usab
convenient
for sharing with Clients and others
conv
easily
amended
asily am
completed
electronically.
p
Standard Conditions of Appointment for an Architect 2010

(2012 revision)
Schedules
(2012 revision RIBA Plan
an of Work
2013 compatible version)
sion))
Sp
ec
im
en
Standard Agreement 2010:
This is the Standard Agreement 2010: Schedules

hedules (2012 revisio
revision) referred to in the
Agreement relating to
The Project, namely:
between
The Client, namely:
Initials
and
*Insert
nsert
sert The Architect
Archit
A
or The Consultant, namely
Initials
They are also available from www.ribabookshops.com/agreements as separate editable electronic files.
Note that the Services Schedule can be replaced if necessary or added to by the following online alternatives:
Access Management Services Schedule
Contractors Design Services Schedule
Initial Occupation and Post-occupation Evaluation Services Schedule
Historic Building or Conservation Project Services Schedule
Multi-disciplinary Design Services Schedule
Master Planning Services Schedule
rs when using electronic
All parties must rely exclusively upon their own skill and judgment or upon their advisers
IBA Ent
components from the suite of RIBA Agreements 2010, 2012 revision, and RIBA and RIBA
Enterprises Ltd do not assume
any liability to any user or any third party.
Copyright Licence:
This document is for the sole use of the purchaser.
You may use it for one professional services contract only.
You and the other party to your contract may distribute copies off this document
ument to adv
advisers and to other persons
as necessary in connection with the proper performance of your contracts.
ontracts.
In any other case, you may not distribute or reproduce the
e whole or any part of this docum
document in any work,
whether in hard copy, electronic or any other form, without
hout thee prior written consent
co
of RIBA Enterprises Ltd.
You may not use the RIBA initials or logo unless you are an RIBA chartered m
member or RIBA chartered practice.
Sp
ec
im
en
What is this document?

This component comprises the schedules for use with the Standard Conditions of Appointment for an Architect,
2012 revision or a Consultant, 2012 revision.
In this updated edition amendments have been made:

U i*iV>>iii>}/i>`
>`>L>`>Vi
i >`
>`
> >L
>L >`
>
schedule wh
which includes an additional service
U in the Services Schedule to reorganise the Other Services sched
Prescribed software for data transfer.
er.
U in the Fees and Expenses schedule
le to the
e layout.
Copyright notice
Schedules, 2012 revision
THE PROJECT
is acting for business or commercial purposes / is a Public Authority / is a consumer client
The Client
iii>i`
The Services relate to[1]
at (the Site)
to be procured by[2]
Sp
ec
im
en
*iV>>]i
Project description
This box may be deleted

if briefing documents are
attached see next entry
[1] Insert Project title.

[2] Eg lump sum building contract, design and build, construction management etc.
Brief
Briefing document(s) are attached as Appendix[3] :
Conditions
Amendments to the Conditions are attached as Appendix[4] :
Time and cost
The Client wishes the Project to be completed in accordance

with the initial Timetable
(Project Programme) for [5] :
and
the initial Project Budget including the Construction Cost of the

Project, ex VAT,
ie: or such other date(s) or cost as may be agreed
If not stated the time or cost constraints are a fair and reasonable period or amount.
ount.
Sp
ec
im
en
*iV>>]i
LIABILITY AND INSURANCE
Clauses 7.1, 7.2 and 7.4
The time limit for action or proceedings and insurance

urance cover is:
years
[6
If no period is stated the period is six years (or 12 years
rs if executed ass a deed).[6]
The amount of PI insurance cover

ver to be maintained in res
respect
of each and every claim
If an aggregate cap applies

delete in respect of each
and every claim or series of
claims arising from the same
originating cause and insert
in the aggregate.
or series of claims arising

ng out of the same origin
originating cause
ca
is:
except where an annual

nnual aggregate limit ap
applies in respect of
pollution
ion and contamination
ontamination the limit is:
i
and/or
asbestos
tos or fungal
funga mould th
the limit is:
If no entries
ries are made, liability is unlimited.
un
7.7
7
Supplementary Agre
Agreements applicable to this Agreement
Appendix [7]7]
Collateral Warranty
Colla
Third Party Schedule [8]

Novation Agreement
other
[3]
[4]
[5]
[6]
Insert number or letter.

Insert number or letter.
Insert the event eg Practical Completion and the target date.
If no period is stated, where the law of England and Wales or the law of Northern Ireland applies, the period is
six years (or 12 years if executed as a deed). If no period is stated, where the law of Scotland applies, the period is
six years where the Agreement is valid but not formally executed in a self proving manner and 12 years where the
Agreement is formally executed in a self proving manner, subject to the prior operation of statutory prescription.
[7] Select the preferred option and insert number or letter of the appendix.
[8R >v/`*>,}-Viì>>>Li>www.ribabookshops.com/agreements
DISPUTE RESOLUTION
Clauses 9.1 to 9.3
Mediation
The parties may agree to refer a dispute or difference arising out of this Agreement to
the Mediation service of:[9]
Delete if mediation is not required.
Adjudication
A dispute or difference arising out of this Agreement may be referred to adjudication in

accordance with:
CIC Model Adjudication Procedures current at the date of the reference
Select the preferred

procedures
The Scheme for Construction Contracts Regulations

on [10]
Other
Sp
ec
im
en
*iV>>]i
The RIBA Adjudication Schemee for Consumer

nsumer Contracts where
the Client is a consumer and
d the claim does not exceed:
exc
Or for a consumer client
If required, the nominator of the

e Adjudicator
cator is:
If no nominator is stated, the nominator

tor is the Royal Institute of British
B
Architects.
Ar
Litigation or arbitration
Without prejudice
ce to any
ny right of adjudication,
adjudica
any
a dispute or difference arising out of
this Agreement
ent
is determined
rmined by legal proceedings
pro
proceedin
Select the applicable option
is referred
erred to arbitration
arbit
in accordance with the clause 9.3 except in
connection with the
t enforcement
enf
of any decision of an adjudicator
If noo selection is made, legal proceedings

procee
apply.
Where arbitration
arbitratio is chosen
c
the appointor is the President or Vice-President[11] of:
If no app
appointor is stated, the appointor is the President or a Vice-President of the Royal Institute of British Architects.
Applicable law
The law applying to this Agreement is the law of:

Unless otherwise stated, the law of England and Wales applies.
Effective date
The effective date of this Agreement is:

Unless otherwise stated, the Effective Date is the date on which
performance of the Services commenced.
[9]
[10]
[11]
Mediation services available from Royal Institute of British Architects, Royal Incorporation of Architects in Scotland,
,ii`>`, i`
As relevant to England and Wales, Scotland or Northern Ireland.
Or the President or the Secretary of the Royal Incorporation of Architects in Scotland.
PROJECT APPOINTMENTS[12]
The Other Persons listed below are or are to be appointed to perform services in
connection with the Project:
Core Project Roles
Client Representative
Project Lead
Health & Safety Advisor
Cost Consultant
Sp
ec
im
en
*iV>>]i
Contract Administrator
i>ì}i
Architect [13]>i}i
Civil and Structural Engineer

>i}i
Building Services Engineer
>i}i
Additional Roles
Employers Agent
>`V>ii}i
Site Inspector(s)/Clerk(s)
(s)
s)
Of Works
[12] Insert profession, name and address or to be agreed/notified. If appropriate, identify particular elements to be
included in their responsibilities. Where the appointment of a sub-consultant has been agreed, enter Profession/role
in the space to the left of the page and Consultant Sub-consultant name and address in the space to the right.
[13] Architect is a protected title which can only be used by registered architects in the UK.
Enter the applicable stages in the right hand box for the Roles to be performed by the
appointee
Delete or strike through any Roles not included in the Agreement
The Services are set out in the parts of this schedule identified below
Role Specifications
Design Services [14][15]
Other Services
and additional schedule(s) [16]
The Services shall be performed in the specified stages [as defined in the RIBA Plan of
Work 2013] and include performance of any specified roles in
i the list below.
Stages
Role Specifications [17]
Project Lead
Sp
ec
im
en
Services 2010, 2012 revision
If no Project Lead is appointed then the Client or Clients Representative

resentative
ve performs the role.
Health & Safety Advisor
/i
i]vìvi`>ìV
ii
,i}>]Liiiv
,i}>]
>] Li ii v
v
statutory duties arising including the requirement
rement to
o appoint a Co-ordinator.
Co-ordinat
Cost Consultant
trator
Employers Agent
i>ì}i
i}i
i
ViV>i}i
ViV
iV > i}i
>`-V> }ii>i}i
>` -V>
-V }
`}-iVi }ii>i}i
`} -iVi
iVi
Site Inspector(s)/Clerk(s)
Inspect
In
of Works
[14R V>Lii}i

[15] Amend reference if a different schedule is used. Other available schedules include Access Consultancy Services,
Contractors Design Services, Initial Occupation and Post-occupation Evaluation Services, Multi-disciplinary Design
Services and Master Planning Services.
[16R V>Lii}i
[17] The Specified Roles to include any performed by sub-consultants employed directly by the Architect.
Preparation
and Brief
Strategic
Definition
Establish Project Programme. Review Project Programme.
Programme
Prepare Developed Design,

including coordinated and
updated proposals for
structural design, building
services systems, outline
specications, Cost
Information and Project
Strategies in accordance with
Design Programme.
Developed
Design
Prepare Technical Design

in accordance with Design
Responsibility Matrix and
Project Strategies to include
all architectural, structural and
building services information,
specialist subcontractor
design and specications,
Programme.
Technical
Design
Undertake third party

consultations as required
and conclude Research and
Development aspects.
Review and update Project

Execution Plan, including
Change Control Procedures.
Undertake third party

consultations as required
and any Research and
Development aspects.
Review and update Project

Execution Plan.
Required.
Required.
Not required.
Completed Technical Design

of the project.
Developed Design, including

the coordinated architectural,
structural and building
services design and updated
Cost Information.
Concept Design including

outline structural and building
services design, associated
Project Strategies,
preliminary Cost Information
and Final Project Brief.
Initial Project Brief.
Required.
Sustainability
Checkpoint 4
Sustainability
Checkpoint 3
ructi
Review Construction
Strategy, including
uding
nd update
up
sequencing, and
ety Strategy.
Strategy
Health and Safety
w and update Project

Review
Execution
cution Plan.
n.
Prepare and submit

Prepar
mitt Building
B
Regulations submiss
submission and
a
rd party
any other third
submissions
ubmissions requiring consent.
Review
e
a
and update
Sustainab
Sustainability, Maintenance
and Operational
and
perat
Handover
and
over
v Strategies
Strate
k Assessments
Risk
Assessments.
Sustainability
Checkpoint 2
Consider Construction
Strategy, including offsite
Review and update
fabrication, and develop Health Construction and Health and
and Safety Strategy.
Safety Strategies.
a
ate
Review and update
y, Maintenance
Sustainability,
and Operational
nal and
s and
Handover Strategies
Risk Assessments.
Prepare Sustainability
Strategy, Maintenance and
Operational Strategy and
review Handover Strategy
and Risk Assessments.
Handover
and Close Out
Administration of Building
Contract, including regular
site inspections and review
of progress.
Required.
Updated As-constructed
Information.
As-constructed
nstruct
rmatio
Information.
Not required.
Sustainability
Checkpoint 6
Updating of Project
Information as required.
Carry out activities listed in

Handover Strategy including
Feedback for use during the
future life of the building or on
future projects.
Susta
Sustainability
Ch
Checkpoint 5
Up
Update Construction and
He
Health and Safety Strategies.
Review and update

Sustainability Strategy
and implement Handover
Strategy, including agreement
of information required for
commissioning, training,
handover, asset management,
future monitoring and
maintenance and ongoing
compilation of Asc
constructed Information.
Conclude administration of
Building Contract.
As required.
RIBA
As-constructed
Information updated
in response to ongoing
client Feedback and
maintenance or operational
developments.
Sustainability
Checkpoint 7
Updating of Project
Information, as required, in
response to ongoing client
Feedback until the end of the
buildings life.
Conclude activities listed

in Handover Strategy
including Post-occupancy
Evaluation, review of Project
Performance, Project
Outcomes and Research
and Development aspects.
Undertake In Use services

in accordance with
Schedule of Services.
In Use
www.ribaplanofwork.com
Offsite manufacturing and

Handover of building and
onsite Construction in
conclusion of Building
accordance with Construction Contract.
Programme and resolution of
Design Queries from site as
they arise.
Construction
may dictate the Project Programme and may result in certain

The procurement
procur
procuremen
t route m
stagess overlapping
overlapp
erlap ing or being
bein undertaken concurrently. A bespoke RIBA Plan of Work
2013
clarify
stage overlaps. The Project Programme will set out
2 13
20
3 will c
cl
arify the sta
the s
specic
stage
sp
ecic stag
tage
e dates and detailed programme durations.
Planning
nning applications
ns are
a e typically made
ar
ade using the
th Stage 3 ou
output.
A bespoke
Plan
identify
when
planning
oke RIBA
A Pl
an of Work 2013 will id
den
enti
tify
fyy wh
w
en the plann
application
made..
a
pplication is to be
e made
Review Project Programme.

ogram
The procuremen
procur
procurementt strategy
strate
a gyy does
does not fundamentally alter the progression
off the de
design
gn or the level
le
leve
e l of detail prepared at a given stage. However,
Information
Exchanges
vary
depending
on the selected procurement
Informat n Ex
Exchange
changes
s will
w va
ry
y de
pe
route
route and Building
Buildin Contract.
Cont
ontract
rac . A bespoke RIBA Plan of Work 2013 will set
out the specic te
activities that will occur at each
tendering
ndering and procurement a
stage
the
procurement route.
stag
age
e in relation
rrelation
on to
t th
e chosen proc
Prepare
e Con
Concept Design,
including outli
outline proposals
for structural
building
fo
ural design,
d
services systems,
outline
se
syste
specications and preliminary
Cost Information along with
relevant
eleva Project
ect Strategies
Programme.
Pro
mme. Agree
alterations
brief and
a
ons to b
nd issue
is
Final
al Project
Proje Brief.
Concept
Design
Des
*Variable task bar in creating a bespoke project or practice specic RIBA Plan of Work 2013 via www.ribaplanofwork.com a specic bar is selected from a number of options.
UK Government
Information
Exchanges
Not required.
Strategic Brief.
Information
Exchanges
(at stage completion)
Sustainability
Checkpoint 1
Sustainability
Checkpoint 0
Agree Schedule of Services,

Design Responsibility
Matrix and Information
Exchanges and prepare
Project Execution Plan
including Technology and
Communication Strategies
and consideration of Common
Standards to be used.
Sustainability
Checkpoints
Prepare Handover Strategy

and Risk Assessments.
Review Feedback from

previous projects.
Suggested
Key Support
Tasks
*Variable task bar
(Town) Planning
*Variable task bar
Pre-application discussions.
Prepare Project Roles Table

and Contractual Tree and
continue assembling the
project team.
Initial considerations for

assembling the project team.
Procurement
Pre-application discussions.
Develop Project Objectives,,

including Quality Objectives
j
s
and Project Outcomes,
omes
Sustainability Aspirations,
pirati
Project Budget, other
parameters or constraints
nstrain and
develop Initial Project
Brief.
ject B
y Studi
Undertake Feasibility
Studies
rmation.
and review of Site Information.
Identify clients Business

Case and Strategic Brief
and other core project
requirements.
*Variable task bar
The RIBA Plan of Work 2013 organises the process of brieng, designing, constructing, maintaining, operating and using building projects
into a number of key stages. The content of stages may vary or overlap to suit specic project requirements. The RIBA Plan of Work 2013
should be used solely as guidance for the preparation of detailed professional services contracts and building contracts.
Sp
ec
im
en
Core
Objectives
Tasks
Stages

RIBA Outline Plan of Work 2007 as amended November 2008
The person appointed to the specified Roles is authorised to perform and shall be
responsible for performance of the activities in all relevant stages.
Project Lead
Preparing the Clients initial statement of Project Objectives, taking into account the
Clients core operations and identifying constraints.
Establishing the requirement for professional skills, procedure and programme
management, and legal, insurance and financial services.
Identifying the roles of Client representatives and stakeholders.
Managing the appointment of the project team.
}v>]ìV]>>>`Vii>ì}i]

Consultant and Contract Administrator/Employers Agent.
Implementing of any feasibility studies and/or options appraisals req
required.
Sp
ec
im
en

Part 1: Role Specifications
ii}>`>>}>iV>i}
i}
ii}>`>>}>>>}iiVi>`VV>ii
}ii Vi
Vi >` VV
V
in which all consultants, contractors
ors andd other persons can
ca perform
perfo effectively.
Managing development of the
implementation.
e Brieff and overseeing its imple
Identifying project procedures

edures
dures including:
includ
ting procedures
cedures of the Client;
Clie
U any relevant existing
administrative
actions
ns
such
as
contributions
contrib
to and frequency of progress reports,
U
etc;
programme
ocedures for pro
programm and cost matters and contingency
U change control procedures
expenditure;
nditure;
e;
gement; and
U riskk management;
nce and design
desi quality reviews.
U performance
Preparing
aring and maintaining
maintaini Cost
Co Information in co-ordination with any construction cost
estimates
prepared by others.
timates and cash
ca flow projections
pr
Monitoring performance
performan and activity, cost planning and control, programme and progress,
perfo
and reporting to the Client. In consultation with consultants and/or contractors, authorises
or applies
authorisation to take any corrective action required.
pplies for au
Facilitating
communications between the project team except that communications on
Facil
}vV>ì}>i>iì>Lii>ì}i>ìi>E->vi
}vV>
Advisor.
dvis
Leading, co-ordination and preparation of a Project Execution Plan and the Project
Programme.
Advising on methods of procuring construction.
,ii}i}ivì}ii>ì}i>ì>E->vi
Advisor.
ii}>`>>}}V>}iVViì]>`>}L>}
decisions necessary for time and cost control.
7i
>V`>]i>ì}i>ì>E->vi`
co-ordinating and reviewing the work of consultants and site inspectors during Stages 4
and 5.
Health & Safety Advisor [18] [19] Exercising the powers and duties of and associated with the statutory function of
Co-ordinator under the Construction (Design and Management) Regulations 2007.
Providing, as and when requested, information on health and safety issues to the Project
i>`]i>ì}i]i
>V`> i}i]i}i>`>
Other Persons providing work or services reasonably necessary for such persons to
carry out their duties.
Facilitating communications on health and safety issues between the Client and such
Other Persons.
Cost Consultant
Providing and updating Cost Information including estimates, advice, valuations and
other information concerning the cost of construction works.
orks
Co-ordinating and integrating estimates, advice, valuations
provided by
luations
ns and information
i
any Other Person.
Sp
ec
im
en

Providing quantity surveying services.
->}ix

Employers Agent
(Stages 5-6)
Inviting and appraising a tender or tenders,

ers, including:
U Vì}i
i>iìi>viìivVV
> iìi
ii > v
iìi
U Vì}i
i>iv>V>V]>`>`}ii
i >i
i v > V>V]
V
and duties of the parties
ties
es and the Contract Administrator
Administra under the Building Contract;
A
U i>}i `}
>V>`>>}}v}>i
`}
>V
>V >`
` >>}} v }
Administering thee Building
ding Contract, including:
inclu
U ii}iV>V}>i>ì}ivVV
i V>V
>V
}>i
}> >
U }vv>]V]iV
v v>]
>] V]
V
iV
U ii}ii>V>vv>ì`LiV>V
i} ii> V>
V
U `}
`}v>ii`vi>>v>>vV>i`
v>
v> ii`
v
contractors applications for payment;
completed
pleted or validating contra
}}Viv>>ìi
i>i
U }}
} Vi v > >`
U >Vi>}
V
>Vi>}V}>Vi>iv>ìiiìiV>V
U Viv}
>
>i
`
Viv}>iì
U ii}
v
v>V
ii}v>V>i
i
V>}iV`v>VVii>>`->vi`>`
U V>
V>}
iV
iV
ii
iiV}>>>`ìiì`}iiì>}Liii
i>ì
U iiV}
con
contract
contractor (not applicable to Employers Agent).
[18] For the purposes of the Agreement, the Co-ordinator is a member of the consultant team. In any conflict with the
}iiii
,i}>>iiViìVi
[19] Note: The Co-ordinator is to be appointed by the Client as soon as is practicable after preliminary design work,
planning or other preparation for construction work has begun. Not applicable to a Client if defined as domestic
ii
,i}>
10
7ii>ì}i]
>>ìi>E->vi`]V`>}
and reviewing the work of all consultants and site inspectors, if any, to the extent
required for the administration of the Building Contract, including:
U `}v>ii`LV>>ìiVviiVi
during the construction period;
U iVi}ivVV>>ìiVi>LiìVLi
made in respect of the administration of the Building Contract;
U V}>"i*iiì}iVvV>>Li>vviVi`L>
Client instruction relating to the Building Contract, obtaining any information required
and issuing any necessary instructions to the contractor;
U >>}}V>}iVViì>`>}L>}ìV>
necessary for time and cost control during the construction period.
Reporting to the Client.
Lead Designer
Co-ordinating preparation of stage programme[s]

process.
e[s] for the design proc
Sp
ec
im
en

Co-ordinating design of all constructional

work by consultants,
al elements,
ents, including w
c
specialists or suppliers and for health and safety
conjunction
with the Health
ty matters in conjuncti
con
& Safety Advisor.
Establishing the form and content
and a verification
tent off design outputs, their
th interfaces
inte
procedure.
Communicating with the Client
issues.
lient on significant design
d
is
ordination
tion preparation of a Project
Proje Execution Plan, including work
Leading and co-ordination
outstanding from
rom previous
ious stages.
stages
Advising on thee need for and the scope
of
s
o services by consultants, specialists, subcontractors
actors or suppliers.
Designers
i}i
}i
V`}i>ì}i
}ivii}i
}
} i
vv i
i}
Preparing
for each stage a programme for performance of the
ring and maintaining
maintai
m
-iVi] V`}
V
-iVi]V`}>-iViVii`>i>}i
viding designs,
desi
Providing
specifications, advice and information concerning the design for
V i `
Viì}iiLii,ii>i}ìi}>`V]
function
functionality,
build quality and impact, buildability, construction safety, operation and
maintenance.
aint
ii}>i>]iii>`Vi]>`>`v>]iv
VV>ìv>Viivi,ii>i}
Preparing drawings, sketches, schedules, specifications, calculations and production
>ììv>vi,ii>i}>>>i
Giving due regard to the guidelines contained in the current publication Good Practice in
the Selection of Construction Materials 2011 (British Council of Offices Publication)
unless authorised by the Client in writing to specify or authorise products or materials
}ii>ii}ivi>iiviVvV>
authorisation to be deleterious or hazardous to health or safety or to affect the durability
of construction works.
11
(Where engaged to provide services during the construction stage other than any duties
in connection with administration of the Building Contract), making the appropriate
number of visits to the site for:
U iV}ii>vi}i>`>vi,ii>i}>L
U approval of such elements of the works as may be specified to be to the reasonable
>v>Vvii}i
U obtaining information necessary for the issue of any notice, certificate or instruction
by the administrator of the Building Contract.
Architect as Designers services include siting, spatial arrangement, amenity and
appearance of buildings and external works elements. Includes services as relevant to
>`V>iViVii}i
ud civil engineering elements,
Civil and Structural Engineer as Designers services include
structural stability of building sub-structures, super-structures
ructures and external works
elements.
Building Services Engineer as Designers services
vices include
clude building se
sservices (including
mechanical, electrical, public health, transport
communications systems)
port and/or
nd/or communicatio
s
elements.
Sp
ec
im
en

te to elements
ements allocated to a co
Specialist Designers services relate
contractor or
sub-contractor who it is intendedd will construct
specialist work,
or to a consultant
onstruct the specia
w
with special expertise where the specialist
constructed by another firm.
ecialist work wil
will be cons
Wor services include
inclu inspec
Site Inspectors/Clerk off Works
inspecting and reporting upon the
progress and quality of the works
orks and conformity
conform with the contract documentation.
12
Delete or strike through any services not required. Make any necessary amendments
to include services and/or add additional services.
WORK STAGE SERVICES

Stage 0
Strategic Definition
Receiving Clients instructions and information about the Project.
Assisting the Client in defining the Clients strategic requirements and the preparation
of the Strategic Brief.
Providing information for a report on the Project Budget.
Reviewing with Client alternative project team options.
ns.
Contributing to the Project Programme and assembling
emblingg the project team.
Stage 1
Sp
ec
im
en

*>\i}-iVi
Preparation & Brief
Visiting the Site and carrying out an initial

ial appraisal.
Assisting development of thee Initiall Project Brief including

consideration
of Project
inc
c
Objectives, Quality Objectives,
Aspirations, Project
ctives,
tives, Project Outcomes, Sustainability
Sustai
Budget and other parameters
Feasibility Studies and review
ameters
ters or constraints. Undertaking
Underta
U
of Site Information.
Undertaking development
ment of Handover
Handove Strategy
Strate and Risk Assessments.
}>iLviVi>V`}VLii},iL
} >iL
L v iV i> V
Matrix,
x, Information
mation Exchanges and the
th Project Execution Plan.
(Compiling,
mpiling, revising
g and editing the In
Initial Project Brief on behalf of the Client is Other Service 3a)
Stage 2
Concept Design
*i>}
Vii}>`V`}iiVvV>
*i>}
Vi
Providing
ovidin information
infor
for approximate estimate of Construction Cost for inclusion with
Cost Information.
Inform
Contributing
Contri
to completion of the Final Project Brief.
Preparing Stage Report in accordance with agreed Information Exchanges and

submitting to Client.
Preparing Sustainability Strategy, Maintenance and Operational Strategy and reviewing
Handover Strategy and Risk Assessments.
Assisting with Third Party Consultations, updating of the Project Execution Plan,
preparing of the Construction Strategy and Health and Safety Strategies.
13
Stage 3
Developed Design
ii}i>i`
Vii}>>>>}ii]iv
construction, materials and updated outline specifications in sufficient detail to
co-ordinate the structural and building services design of the project.
i}>}ivviVv>>`>`>`VV>vi
Vii}
Consulting statutory authorities.
Providing information for estimate of Construction Cost.
Preparing Stage Report in accordance with agreed Information Exchanges and
submitting to Client.
ments and the Sustainability,
Reviewing the Project Execution Plan and Risk Assessments
on andd Hea
Maintenance and Operational, Handover, Construction
Health and Safety Strategies.
red.
Undertaking Third Party Consultations as required.
Sp
ec
im
en

*>\i}-iVi
Planning Applications.
pplication discus
discussions.
Arranging and preparing information for Pre-application
ation forr detailed planning permission.
perm
Preparing and submitting application
ditions attached to Planni
Con
Assisting discharge of conditions
Planning Consent.
Stage 4
Technical Design
chnical designs,
esigns, calculati
calculations an
Preparing technical
and specifications sufficient to construct the
>VV`>Vi
`>Vi i
i}
i ,i
iV>VV`>Viii},iL>>`>}ii`v>
nges.
Exchanges.
onsulting
ng statutory authorities
autho
oon developing design.
Consulting
Providing
viding information
informa
for upd
updating estimate of Construction Cost.
Reviewing the Pr
Project EExecution Plan and Risk Assessments and the Sustainability,
Maintenance aand Op
Operational, Handover, Construction and Health and Safety Strategies.
Undertaking
ertaking Th
Third Party Consultations as required including preparing and making
submis
submissions
under building acts and/or regulations or other statutory requirements.
Review
Reviewing design information provided by contractors or specialists to establish
t
whether
that information can be co-ordinated and integrated with other project
information.
Giving general advice on operation and maintenance of the building.
14

*>\i}-iVi
Stage 5
Construction
>}VV>i}i[20]
Responding to site queries as reasonably required for construction
Complying with the requirements of the Handover Strategy including agreement of
information required for commissioning, training, handover, asset management, future
monitoring and maintenance and on-going compilation of As Constructed Information.
Assisting with the updating of the Construction and Health & Safety Strategies.
Providing record drawings showing the building and main lines of drainage and other
information, where applicable, for the Health and Safety
ty File (CDM 2007) and the building
log book (Building Regulations Approved Documentt Part L2).
Reviewing compliance with statutory and contract
ract requirements.
quirements.
Stage 6
Handover and Close Out

s.
Advising on resolution of defects.
greeing final account.
Providing information for agreeing
Assisting building userr during
ring initial occupation
occupatio period,
period if applicable as attached
schedule.
Stage 7
In Use
Carrying
Evaluation,
if applicable as attached schedule.
rying out Post-occupation
Post-occupa
Evalu
Procurement Activities
Identify extent of design work

w by contractor and/or specialist sub-contractors.
Prepare documents
required
for tendering purposes.
docum
r
NB: Activities
tivit in italics
talics may be moved to suit project requirements.
NB: Activities
Acti
underlined
un
will vary to suit project requirements.
[20] See Role Specifications for definition.
15
Delete or strike through any services not required. Select the boxes for the required
services [Y or ], alternatively, enter T for time-based services or LS for lump sums,
make any necessary amendments and/or add additional services.
Sites, buildings and related services
1
Selection of project team members
Options appraisal
3a
Initial Project Brief
3b
Final Project Brief
3c
Room data sheets
Selection of sites and/or buildings
Compiling, revising and editing
Sp
ec
im
en

Part 3: Other Services
16
Surveys, inspections or specialist

ialist investigations
nvestigations
Accessibility audit
Environmental studies
udies
Services in connection
matters
onnection with party wall mat
Community
munityy architecture services
serv
10
Outline planning
anning submiss
submissions aand/or pre-application planning consultations
11
connection with statutory approvals

Negotiations in co
connecti
12
Submissions to and negotiations with landlords, freeholders, etc
13
or negotiations for statutory and other grants

Applications
pp
14
Prescribed software for data transfer

Prescr
Pr
15
Services in connection with value engineering

S
166
Services in connection with risk management
17
Electronic document control system
18
Services in connection with a site waste management plan
19
Two-stage tendering
20
Briefing and/or tender documentation for specialist services
21
Negotiating a price with a contractor (in lieu of tendering)
22
Additional site inspections or provision of resident site staff
23
Interim and final valuations
24
Compiling maintenance and operational manuals
25
Specially prepared drawings of building as built, models, photographs, etc
26
27
28
29
30
Sp
ec
im
en

Part 3: Other Services
Special Services
Special Services only required if the need arises

commission, which may be
es during the commiss
instructed as additional Services:
U ,ivi>>v>``>`Vi\
v >``>
`> `Vi
Vi \
comply with requirements
authorities, landlords, etc;
irements
rements of planning or statutory
sta
comply with changes
enactment or revisions to laws or
hanges
ges in interpretation or enact
statutory regulations;
gulations;
s;
make changes
anges or corrections not arising from any failure of the Architect/
Consultant.
ultant.
U i}>>`Vi>}>VV`>ViiL`}
}> >` V i>}
contract.
ract.
U iiv>i>iì}]>i>`Vi`L>V>V
ii
i v >i>i
>i>
ì}
or sub-contractor.
ntracto
U
>Vii
>V`>ì>}iivi>`
>Vi
>Vi i
>V
contractors claims.
c
U
iViLi>vvi
iViV>ìLiiii
i
U -iVi
iV Li>v
L
v
and another party.
party
U
iViv}`>>}i]ìVv]>L`}VV
U -iVi
v
v
existing buildings.
buil
U iViv}ii>v>V>V>}iii
-i
-iVi
or the insolvency of any other party providing services to the project.
U iViViVi>iiii}>>}iii
-i
17
Basic Fee
Identify the applicable clauses, relevant work stages and the basis for calculation of the
amount of the fee
Stage
Clause
Fee
Notes
Sp
ec
im
en
Fees and Expenses Schedule 2010, 2012 revision
In stages 5 and 6 the Basic Fee includes
[21]
site vvisits[21
site
Unless otherwise stated, the maximum numbe

number of visits w
will be one per month
Other fees
Subject
Other fees are

re fees for any Other or Sp
Special sservices required but not included in the
Basic Feee and, iff applicable, any sp
specified copyright licence fee for the Clients use after
te of thee last Service perfo
u
the date
performed under
this Agreement of materials produced by
the Architect (drawings, ddocuments etc.) in performing the Services.
Clause
se
Fee
[21] Unless time charges apply in which case, delete.
18
Notes
Person/grade
Rate [22]
Rate [22]
Person/grade
Time Charges
Expenses and
Disbursements
The specified expenses listed below will be charged [23]

a) at net cost plus a handling charge of
% of net cost
or
b) by the addition to the amount due of
or
c) Other [24]
Specified Expenses
Other Expenses
Hard copies of Drawingss

and Documents
% of the total fee
ci
m
en
Fees and Expenses Schedule 2010, 2012 revision
(including
ding disbursements
bursements [25] ) will be charged
ch
at net cost plus
% of net cost
Wheree applicable, travel will be charged at
per mile
A4
A3
A2
A1
AO
in blackk and white

whit
*v>>
*
v>
v
Payment
VAT Registration
Reg
number of the payee is:
Enter frequency
Where payments are to be
equalised or based on milestones,
specify details:
Accounts for instalments of fees [26] shall be issued:
[22] /hour or /day.

[23R iiii>`>
[24] Use where specified expenses are to be charged by a method different from those listed above.
[25] Such as payments to the Local Authority for planning submissions or Building Regulations approval.
[26] State whether calculated on basis of the estimate of the percentage of completion of the Services or stages or
additional services or such other specified method.
19
Sp
ec
im
en
Memorandum of Agreement
ement
ment
for the Appointmentt of an
Sp
ec
im
en
Standard Agreement 2010:
Architect
tect
ect
(2012 revision)
sion)
n)
In this updated edition, the changes are limited to these explanatory notes and to the table format which has been
amended to assist electronic completion.
All parties must rely exclusively upon their own skill and judgement or upon their advisers when using electronic
components from the suite of RIBA Agreements 2010, 2012 revision and the RIBA and RIBA Enterprises Ltd assume
no liability to any user or any third party.
Copyright Licence:
You may edit and amend it to match the style and procedures of your practice and as required for specific projects.
You and the other parties to your contracts may distribute copies of this documentt to ad
advisers and to other persons
as necessary in connection with the proper performance of your contracts.
In any other case, you may not distribute or reproduce the whole or any part of this document
ocument in any work, whether in
hard copy, electronic or any other form, without the prior written consent of RIBA Enterprises Ltd.
You may not use the RIBA initials or logo unless you are an RIBA chartered
tered member or RIBA cha
charte
chartered practice.
Sp
ec
im
en
What is this document?

The Memorandum of Agreement is used with the Standard Agreement 2010, 2012 revision to execute the contract
where a formal approach is required. It is an alternative to the Model Letter, which is less formal.
Where the law of Scotland applies:

overedd on the Scottish attestatio
at
Do not enter the date of the Agreement on the first page; this is covered
attestation page.
hed document
Narrate on the first page the number of pages of each of the attached
documents.
nexations, narrates the number

nu
The testing clause identifies the agreement and its annexations,
of pages of the Memorandum,
he hard copy proforma
proform were
we made prior to execution by the
declares that any insertions, deletions and additionss to the
ames of the signatories
signa
an the capacity in which they
parties, and the date and place of signing and thee full names
and
ress off any witnesses, if required.
rrequire
subscribe together with the full name and address
The Memorandum of Agreement must be subscribed
d (that is signed
sig
at the
th end) to be valid under Scots law. For it
to be subscribed it is necessary for at least one
ne of the signatorie
signatories to sig
sign on the same page as part of the body of the
Agreement (that is the part immediately
ately before
ore the testing
testin clause) and for any other signatories either to sign on the
age or pages.
s.
same page or the subsequent page
me
o execution if required, for instance, by a local authority
The text can be modified to providee an alternative method
of
or other body incorporated
ted under other legislation.
legislat
(Footnote
(Foot
14)
Further guidance
A Guide to RIBA Agreements
reements
eements 2010 (2012 revision)
revision explains fully how the RIBA Agreements 2010, 2012 revision work
revisio
and their legal context.
Copyright notice
Standard Agreement 2010 (2012 revision): Memorandum of Agreement for the Appointment of an Architect, 2012 revision
This Agreement: [1]
is made on the
day of
between the Client:

of
Representative:
of
and the Architect:
of
Representative:
Whereas
nectionn with
the Client wishes to appoint the Architect in connection
Sp
ec
im
en
Memorandum of Agreement for the Appointment of an Architect, 2012 revision
the Project:
at the Site:
and the Architect has agreed to acceptt the appointment.
It is agreed that
this Agreement comprisess this Memorandum of Agreeme

Agreement
and the attached documents
Ag
namely:
Confirm attachments
Standard Conditions
ons of Appointment for aan Archit
Architect, 2012 revision
Schedules of Project Data, Services aand Fe
Fees and Expenses
and Appendices
ppendices
ces
to
1 Thee Architect performs the Se

Services in accordance with the terms of this Agreement
as:
s:
Enterr roles
2 The Client pays

pa the Architect for the Services and performs the Clients obligations in
accordance with the terms of this Agreement.
AS WITNESS
WITN
the hands of the parties [2]
This
his Agreement
A
is subject to the law of [England and Wales], [Northern Ireland] and [Scotland].[3]
(as a simple contract)
Client
Architect
in the presence of [4]
in the presence of
Witness signature
[1]
[2]
[3]
[4]
Where law of Scotland applies do not insert the date.

Delete if this Agreement is to be signed as deed.
Delete as appropriate.
Witness signatures if required by the parties where the law of England and Wales or the law of Northern Ireland applies, or
where this Agreement requires to be self-proving under Scottish law, refer to the note Where the law of Scotland applies.
Where the law of [England and Wales], [Northern Ireland][5] is applicable

EXECUTED AS A DEED BY THE CLIENT [6]
namely:
AND
acting by: [7]

Signature
[Director] [Member]
OR
by affixing
[Director] [Company Secretary] [Member]
its common seal [8] in the presence of:
Name
Signature
Sp
ec
im
en
Authorised signatory
OR
acting by
Signature [9]
[Individual] [Partner] [Singlee Director]

or]
in the presence of:
Witness signature
Witness
Witness address
And
Signature [9]
Partner in the pre

presence of:
Witness signature
gnature
nature
Witness
Witness address
And
Signature [9]
Partner in the presence of:

Witness signature
Witness
Witness address
[5] Delete as appropriate.

[6] Delete the alternative methods of attestation not required on this and the next page.
[7] Insert names of two signatories, who sign the boxes below. If the Client is a registered company delete the description
Member. If the Client is a limited liability partnership delete descriptions Director and Company Secretary.
[8] Where the Client requires the use of its common seal, insert name of signatory, who signs the box below.
[9] An individual, partner or single director of a company must sign here in the presence of a witness.
Where the law of [England and Wales], [Northern Ireland] [10] is applicable
EXECUTED AS A DEED BY THE ARCHITECT
namely:
AND
acting by[11]
Signature
[Director] [Member]
OR
by affixing
[Director] [Company Secretary] [Member]
its common seal [12] in the presence of:
Name
Signature
Sp
ec
im
en
Authorised signatory
OR
acting by
Signature [13]
[Partner] [Sole Practitioner]] [Single

e Directo
Director]
in the presence of:
Witness signature
Witness
Witness address
And
Signature [13]
Partner
artner in the presence
pr
presenc of:
Witness signature
ignature
gnature
Witnesss
Witness address
And
Signature [13]
Partner in the presence of:

Witness signature
Witness
Witness address
[10] Delete as appropriate.

[11] Insert names of two signatories, who sign the boxes below. If the Architect is a registered company delete the description
Member. If the Architect is a limited liability partnership delete descriptions Director and Company Secretary.
[12] If use of a common seal is required, insert name of signatory, who signs the box below.
[13] A partner, sole practitioner or a single director of a company must sign here in the presence of a witness.
Where the law of Scotland is applicable [14]

3 The Client and the Architect have agreed to the registration of this Agreement for
preservation [and execution[15] ] and to submit to the non-exclusive jurisdiction of the
Scottish Courts.
In witness whereof this Agreement, consisting of this and the preceding pages [16] together
with the annexations hereto initialled by the parties (under declaration that any alterations
initialled by the parties were made prior to execution) is executed as follows:
It is subscribed at [17]
on
Location
Date
[on behalf of the Client] [by the Client]:

by
Sp
ec
im
en
Full name of signatory
who is
Enter Director or Secretary of a Company or Member of an LLP orr Partner of a Firm or as Authoris
Authorised Signatory
Signature
in the presence of:
Witness signature
18]
dress of witness
sss [[18]
Full name and address
It is subscribed at
on
Location
Date
[on behalf of the A

Architect] [by the Architect]:
b
by
Full name of signatory
who
o is
Enter D
Director or Secretary of a Company or Member of an LLP or Partner of a Firm or as Authorised Signatory
Signature
in the presence of:

Witness signature
Full name and address of witness [18]
[14]
[15]
[16]
[17]
[18]
Delete this page if the law of Scotland is not applicable.

The inclusion of the words and execution provision must be negotiated with a consumer client or they must be deleted.
Delete previous two pages.
If alternative method of execution is required seek legal advice.
A witness must know the signatory, or have credible evidence of their identity and must witness the signing or the
acknowledgement of the signature by the signatory but preferably should have no interest in the document and cannot be a
party to the document (ie a partner of one of the contracting parties). The witness must be over 16 and not mentally incapable.
Sp
ec
im
en
Standard
ent
nt 2010:
20
Agreement
Notes::
Part 1 Use
e and
nd Completion;
Completi
Comp
Part 2 Model
el Letter
Lette
(2012
012 revision
revision)
These Notes are in two parts. Part 1 provides notes on Use and Completion and Part 2 provides a Model Letter of
Appointment together with numbered notes to assist in the drafting of a project specific letter.
The Model Letter concludes with an Agreement clause to be signed by both parties as a simple contract. Alternatively:
U }`>Viì`viV>VLi}i`>ìi`
U iii>Lii`VV>i>`v}iii
In this updated edition amendments have been made on page 3:
U iiiProvision of Services Regulations 2009
U }>iHousing Grants, Construction and Regeneration Act is amended byy Part 8 of the Local Democracy,
Economic Development and Construction Act 2009.
heir advisers
visers when us
All parties must rely exclusively upon their own skill and judgement or upon their
using electronic
either RIBA
IBA nor RIBA Enterp
Ente
components from the suite of RIBA Agreements 2010, 2012 revision and neither
Enterprises Ltd assume
any liability to any user or any third party.
Sp
ec
im
en
These notes may be read in conjunction with Guide to RIBA Agreements 2010 (2012 revision), which gives general
guidance on getting started; terms of RIBA Agreements; consumer clients; the brief; the services; watch points
fees and expenses, copyright, liability and insurance, net contribution, dispute resolution, suspension and termination;
final details, amendments and attestation.
Copyright Licence
You may use it for one professional services contract only.
y.
You and the other party to your contract may distribute
e copies
es of this document
documen to adv
advisers and to other persons as
nce
ce of your contracts.
necessary in connection with the proper performance
In any other case, you may not distribute or reproduce
roduce the
he whole or any ppart of this
t document in any work, whether
ithout the prior written consent
c
oof RIBA Enterprises Ltd.
in hard copy, electronic or any other form, without
You may not use the RIBA initials or logo unless you
ou are an RIBA cchartere
chartered member or RIBA chartered practice.
Copyright notice
Standard Agreement 2010 (2012 revision): Notes: Part 1 Use and Completion; Part 2 Model Letter
RIBA Standard Conditions of Appointment and Schedules are suitable:

U v >Viiì>i`V>Vi>iiVi>
U v>ì>}iviV}Viii`
U
iii
i>V}vLiViV>i
U iiiVvi
iiiiii>iviiViivi
JCT Standard or Intermediate forms of building contract[1] or similar and the terms have been individually
i}>iì
i>>Vi
The components of a Standard Agreement 2010, 2012 revision are the Conditions of Appointment, the Schedules, any
appendices and either a Memorandum of Agreement or Letter of Appointment, which is signed by hand as a simple
contract or is, where the law of Scotland applies, validly subscribed.
omponents
ents aare available in print.
The architect and consultant versions of the Standard Conditions and the core components
Electronic versions are also available at www.ribabookshops.com/agreements.
ts.
Sp
ec
im
en
Standard Agreement 2010 (2012 revision): Notes: Part 1 Use and Completion, 2012 revision
Apart from the Standard Conditions and the Project Data Schedule, use off all other components
omponents is op
optional providing
the equivalent information is included in the Agreement.
The Standard Conditions for the Appointment of a Consultant are particularlyy suitable for use with a multi-disciplinary
consultant team so that all consultants are on the same terms and conditions.
nditions.
In projects where the Client is experienced in large development
opmentt projects and/or the use oof the JCT/SBCC Major
*iV>>i`]i

>
>V>Li>>Li>i>iiiiViV
>V >
Li > >Li
>L >i
>V>i>>LiiVi
i>LivLiìi>Lii>`V>>ii>ì
Liv
iv Li ìi>Li
risks allocated accordingly.

The Conditions
icit terms
ms the obligations of the parties,
p
The Standard Conditions set out in explicit
including the rules for the application of
ed to create
eate a fair balance of risk between the Architect/Consultant and the Client,
particular clauses. They are designed
ce of building projects.
whether or not the Client has any experience
egulations
ons 2009 defines the minimum
minim amount of information which service providers must
The Provision of Services Regulations
ng the registered status
s
o service providers (Architects or Consultants) who will be
make available to Clients including
of
informatio is included
incl
party to the Agreement.t. Some of the information
in RIBA Conditions of Appointment. The Model Letter
o includes suggested wording
word be
of Appointment also
before the signature about the availability of the information, which
our own initiative, be easily
ea
can be supplied onn your
accessible at your business address, or held on a publicly available
dyy provided to the Client.
weblink, if not already
sed
ed where the Client
C
The Conditions may be used
is acting for business or commercial purposes or is a public authority,
s, Construction
Construc
to whom the Housing Grants,
and Regeneration Act 1996 (HGCRA), as amended by Part 8 of the Local
pmen and Construction Act 2009, applies or where the client is a consumer ie a natural
Democracy, Economic Development
i>V}viì>ì]Livi
Business clients include charities, religious organisations and not-for-profit bodies. Where the Client is a public
authority, it may be necessary to include provisions relating to the Freedom of Information Act 2000 and to corrupt gifts
and payments, for which an electronic Public Authority Supplement is available as part of RIBA Agreements 2010,
2012 revision.
If the Client who has elected to complete an Agreement for work to his/her home or a second home, including a new
i>>i]i>i]i>>i`V>ii}>i]iiLi>Vi
i>>>i>V}viì>ì]Livi\
U iUnfair Terms in Consumer Contracts Regulations 1999 (SI 2083) UTCCR; and
U The Cancellation of Contracts made in a Consumers Home or Place of Work etc Regulations 2008 (SI 1816) apply.
[1] Other contracts include ICE Conditions of Contract for Minor Works or CIOB Small Works Contract.
The Cancellation of Contracts made in a Consumers Home or Place of Work etc Regulations 2008 (SI 1816) establish
the right of a consumer to cancel an agreement for any reason within seven days from the date when the Client signed
>iiiìVi
i}V>Vi>>}iii]iii>}i`>`>
agreement, including one relating to the construction of a new home.
`>Vi i}>}iiv>}iii>
i
i}iiìii
A company may also be a consumer, subject to Unfair Contract Terms Act 1977 but not the Unfair Terms in Consumer
Contracts Regulations 1999 (UTCCR) if the transaction is only incidental to, its business activity and which is not of a
kind it makes with any degree of regularity. It may be a wise precaution and courteous to treat such consumers as
though the UTCCR did apply.
Vi>iì>VVinot be exempt from HGCRA or exempt from the CDM Regulations
v>ìVVi>ìviì
,i}>
The Schedules
nd Other
er Services; aand Fees and
The schedules are Project Data; The Services Role Specifications, Design and
Consultan
Expenses. Role Specifications include the roles of Project Manager, Lead Consultant,t, Cost Consulta
Consultant, CDM
>` i}i
i}i
`>]
>V`> i}i]i>ì}i>ì}i
Sp
ec
im
en
Each schedule is also available online in editable RTF format to enable

le electronic
ic completio
completion, amendm
amendment or customising
to meet project requirements or to match the house style of the practice.
actice.. Using the online Sc
Schedule
Schedules file, instead of the
print version, will facilitate replacement of or the addition of anyy component,
nent, for instance, wher
where the standard Services
uilding or Conservation Project
Pr
Sc
schedule is to be replaced, by the Services for a Historic Building
Schedule or the Contractors
Design Services Schedule. Completion and customising does not constitute an ame
amendme
amendment to the Conditions.
Project Data
This component is an essential part of an Agreement

reementt based on RIBA Standar
Standard Conditions.
i >V>Li i

>
ii>viLi]iii>i>V>Lii>V>Li>Liiii
ositionss will apply.
apply
ambiguous. If left blank the default positions
The online version can be customised
mised and completed
ompleted electronically,
elec
electronica but it is important that any changes do not conflict
with the Conditions. Unwantedd items can be deleted or perhaps
pperhap struck through to remind the parties what is not included.
The Project
i
i
>
> >ii
>i v
/iViVì
i>>iiviii/i ivVi-iVi>ìi
estt outcomes it is sensible to set these out in a separate Brief document attached as a numbered
be based. For the best
Appendix.
Time and Cost
>
i>>>>Li`>>Li>}ii`/i/i>Li>ì
V
>iìviì
`
viiVìVìiì}viVV]ii>V>LiiLivi}i
Construction Cost.
The Construction Cost may be used in two ways:
U >>L>viVi>}i>`Vi>viiV>ix{]xx>`xx>`
U >iL>vVV
A project manager may be responsible for managing provision of furniture and equipment outside the building
contract, etc. In this case, the Construction Cost could include the cost of those elements.
It is important to ensure that the Client approves the latest estimate before proceeding, because in the event of no
approval the default position would be any earlier approval or the entry under time and cost or, in the absence of either
vii]>v>>ì>>Li>
Project appointments
ii>i>`>`ìiviiV>iV>viivLi>}ii`v
iiìi>V>Li
V>]>Liivi>V>iLviì}v>V>iiii}`>>}i
below ground, drainage above ground, hard landscape, soft landscape etc (unless the Multi-disciplinary Design
Services Schedule is used).
viVi>>}ii`>>LV>>Li>iìv>viViV
>iVi]
>LiViiii]vi>i\VViiV>qViV\-LV>
i>>V>i`
Liability and insurance
See Guide to RIBA Agreements 2010 (2012 revision).
It may be beneficial to discuss this issue with the insurers/broker, particularly if the net con
contribution clause is deleted
or sub-consultants are proposed or cover is limited for some claims to specific amounts
mounts
ts in the aggregate in any year
of insurance, eg claims arising from asbestos or pollution and/or other claimss such as terrorism aare excluded.
Sp
ec
im
en
It may be beneficial to discuss the professional indemnity insurance cover

er for the project with the insurers/broker,
ins
particularly if the net contribution clause is deleted or the Client is a consumer
onsumer
er or sub-consult
sub-consultants are proposed
(see also note 3 to the Model Letter).
nfirm thee name of the provider
provi
The Provision of Services Regulations 2009 require you to confirm
of professional indemnity
verage.. This can be supplied
sup
on yyour own initiative, be easily
insurance, contact details of the insurer and territorial coverage.
able weblink, or included in the Model Letter.
accessible at your business address, at a publicly available
Supplementary agreements
tary agreement,
reement, it may be advisa
Before agreeing to enter in to any supplementary
advisable to take legal advice and discuss the
issue with the insurers/broker.
nd use of the Contracts (Rights
(R
o Third Parties) Act 1999 by means of a Third
In England, Wales and Northern Ireland
of
ollateral warranties may be preferred
pref
Party Rights Schedule instead of collateral
to reduce the costs associated with
nic draft for a Third Party
P
preparation of such documents.. An electronic
Rights Schedule is available as part of RIBA
ion. In Scotland use may bbe made
mad of the Scottish common law right of Jus Quaesitum
Agreements 2010, 2012 revision.
). If so, legal
egal advice should
s
be so
Tertio (Third Party Rights).
sought.
ltant
tant Switch
Swi
Novation and Consultant
/iii
>Vi}-iVi-Viì]>>>Li>>iiVVvi]Vì}`>Vii
>V
>V i} -iVi
Vi ments
ents which may apply when the project will be procured under a design and build contract.
supplementary agreements
ere the Client
Clien is a Public Authority
Conditions applicable where
ne provides some additional requirements which may be required if the Client is a

This supplement, available online,
public authority.
Disputes
See part 2 note 7 for guidance on dispute resolution procedures. The Guide to RIBA Agreements 2010 (2012 revision)
also covers selection of the dispute resolution procedures.
Services: Role Specifications, Design and Other Services
/ViViViìviViV
>>>}iiiVi]ì}iVi>`>
Other Services.
The Schedules are designed to enable the services to be tailored to suit the requirements of the Client, the Project or
iViV
>>VVi
The objective is to identify:

U iiLiivi`qiiLi>`>vi*iV>>}i]i>`
>]

`>]
>V`> i}i]i>ì}i>ì}i>ìL`>iLiii
different appointments. A role specification defines the services of the role, whether or not the relevant consultant
is appointed on the same terms as the Architect, particularly where the Architect is not the Contract Administrator
or Lead Consultant;
U i>Vii>V>V>Li>}iqi>iVi>`
U >"i-iViii`
/i-iVi`>VV>iiviVi
iiii]>V>iiiViV
>
perform other professional services or only part of the Services within a work stage or only preparing and submitting
a planning application.
Check whether the Services are compatible with or need to be extended to comply withh client procedures, that the
Schedules accurately reflect the roles and services that the Architect/Consultant is to perfo
perform.
Delete/cross through any stages or Services not required or any alternatives which will not apply
apply. Where appropriate

>`>V>Li]>``>>Vi/viV>}i-v
i
i ,iii]
,iii i
The Design Services Schedule>>Lii`vii>>v i,iii]iiiiV
tractors Design
n (JCT DB
D 05 or SBC/DB/
is to be procured under the JCT Standard Form of Building Contract with Contractors
rts 1-4.
Scot) or similar. See also Contractors Design Services Notes Parts
mission does not relate
re
If a RIBA schedule is not suitable because, for instance, the commission
to a typical building project or
ule should
uld be devised, perhaps
pe
u
a different plan of work is used, a project specific schedule
using
the editable RTF version.
nce.
e.
Identify the new schedule with an appropriate reference.
Li i>Vi`
>Vi` } > vi
i>i]iiVi}-iViV`Lii>Vi`}>viiVvVViì
>i
i
Li ivi`
iv >V
ìv>"i-iViVVi>>iLiivi`>ViiiViiii>`
Vi> iV`
` i Vi
V v >
VììviviVi>iVìViv>ìvi`"i-iVi
ese schedules
edules the following
followin sch
As an alternative or in addition to these
schedules available in RTF format may be used with
the Standard Agreement:
dule
Access Consultancy Servicess Schedule
ces Schedule
hedu
Contractors Design Services
servation Project Services
Servi
Sche
Historic Building or Conservation
Schedule
ndd Post-occupation Evalua
Evaluation S
Initial Occupation and
Services Schedule
ervices
vices Schedule
Master Planning Services
esign
sign Services Schedule
Multi-disciplinary Design
ess file, instead
inst
Using the online Schedules
of the print version, will facilitate replacement or addition of any component,
dard Services
Servi
for instance, where the standard
schedule is to be replaced, by the Historic Building or Conservation Project
ors Design
D
Services Schedule or Contractors
Services Schedule.
Fees and Expenses
The optional schedule for Fees and Expenses provides a structured basis for recording the basis of the Fee and
alternative arrangements for reimbursement of expenses. See also numbered note 6 in part 2.
/ii>iViV>VViì
i>iivviVi>>iVi>iV>ix{]
each invoice issued by the Architect should incorporate the following wording:
This is the amount due in respect of the services provided, calculated as set out in this invoice and in accordance with
the Schedule of Fees and Expenses in our appointment agreement dated <insert date of appointment agreement>.
This invoice constitutes a notice complying with S110A(3) of the Housing Grants, Construction and Regeneration Act
1996 as amended by the Local Democracy, Economic Development Act 2009. The payment due date is the date of this
>iVi
Negotiating the terms of an Agreement with a consumer Client

vi
i>Vi>ìvi`ì1/
,iViì`>i>`}iivi
}iiii
i>```>i}>ii>ViiViviVi}>i`
so could lead to certain terms of the Agreement being invalidated.
UTCC Regulation 5.1 states: A contractual term which has not been individually negotiated shall be regarded
>v>v]V>iiiiv}`v>]V>i>}vV>L>>Vii>i}>`
L}>>}ìiV>V]iìiviVi
iiii]ii}>ì>LiiViviViiL>Vivii>ì
the risk that subsequently they would be considered to be unfair to the Client. It is not unheard of for a consumer to
claim subsequently that they did not understand the implications of a term.
Schedule 2 to UTCC Regulation 5.5 gives an indicative and non-exhaustive list of terms which may be regarded
>v>/iVìi>}iivviVv>>iiV`}}ii}>}vi
}
ViiV`}ì}iVi}>ii}>>ViiVi>ii}>ii`
Vi >
Sp
ec
im
en
RIBA Conditions of Appointment are designed as an entity and provide remedies

es for the client in tthe event of default
by the Architect/Consultant, in particular the requirement to maintain PI insurance
surance and the ooptions for dispute
resolution.
Nevertheless, the following terms may need careful explanation:
U >iii>V>Liiì>VViViV>ix{]xx]xqx]n

although these are mainly procedural;
U iVvi}vivvV>ix
U iVivVV>ix
U iV>V>>i`>ì>v>L>V>i>`
v >L >
co
clause 7.3) see also numbered note 3;
U exclusion of the right of joint and several liabilityy (as in the net contribution
U ìiV>iqii>Liiì
i`
If the Client requires amendment to or deletion

etion of any of these
thes provisions, the Architect/Consultant will need to
consider any change to liability.
The following numbered notes provide
ovide some indication
indicat of the issues to be addressed. Note 4 draws attention to the
ance of the negotiations
negotiat
need to record the substance
and any amendments that are agreed, so that it can be shown that
rds with the Regulations.
Regulations The record could be included in the Letter of Appointment or in an
the Agreement accords
ndix will be necessary if the Memorandum is used.
appendix. An appendix
If the negotiations are
re protracted or sending the Letter is delayed, it may be appropriate to send a note of the
discussions to the Client immediate
immediately after the meeting(s).
If the Client is a married couple or joint residential occupiers, all the Client parties are consumers, but the Client
should identify one of their number as their representative with full authority to act on behalf of the parties and to
sign the Agreement.
i
ii>iVì]i
iLiiiv>>ì>}v\
U iHousing Grants, Construction and Regeneration Act 1996 as amended by Part 8 of the Local Democracy,
Economic Development and Construction Act 2009]>>iì>VVi
U iConstruction (Design and Management) Regulations 2007;
U iLate Payment of Commercial Debts (Interest) Regulations 2002.
ii]vi
iiVìLii>>i>>`>i>ii>]i
iLi
deemed to be a business Client and the exemptions will not apply.
Note that the Letter of Appointment is to confirm what has been agreed or is proposed. When drafting the letter refer
to the numbered notes, the Guide to RIBA Agreements 2010 (2012 revision) and adapt the text as appropriate,
particularly where the Client is a consumer.
The style of the Letter is less important than its contents, which are necessary to complete the terms of the
Agreement. However, if the model text is not used, be careful that other wording does not modify or conflict with
other provisions of the Agreement. The essential requirement is that all the necessary information is recorded in
the Letter and/or in an appendix. Omission of any of the model contents should be considered carefully.
Numbered notes
1 For purposes of identification, insert accurate names and addresses of the parties to the agreement.
2 /iii`Liv>qi>->`>o9v>vov>`Li>vvQi>VViR
Ensure the title and location of the project are accurately stated.
o v >`
`
Li
>Vi
i}Liqi>>`>`9Viiov>`Li>vvQi>VViR]
ct with what is intended to be a legal
but avoid social or other comment that might subsequently cause conflict
agreement.
Sp
ec
im
en
Standard Agreement 2010 (2012 revision): Notes: Part 2 Model Letter, 2012 revision
i place and in a readily

3 Use of the Project Data Schedule is essential to ensure that the necessaryy information is in
meters,
s, the consultant team,
t
the limits of liability and
accessible format. It identifies the project, cost and time parameters,
our project,
ect, third party agr
agreeme
the professional indemnity insurance cover available for your
agreements, dispute resolution
options, the applicable law and the Effective Date.
ands
nds his/her role in rela
relation to th
It is a wise precaution to ensure the Client understands
the appointment of other
consultants, payment of fees, etc.
hed as an appendix to the Project
Projec Data.
Note the Letter assumes the Brief is attached
re confirmat
confirmation of th
The Provision of Services Regulationss 20099 require
the name of the provider of professional
ils of the
he insurer and territ
territorial ccoverage. This can be supplied on your own
indemnity insurance, contact details
our business
ness address,
address at a public
initiative, easily accessible at your
publicly available weblink, or included in the Model
Letter.
in
It may be beneficial to discusss the professional indemn
indemnity
insurance cover for the project with the insurers/broker,
particularly if the nett contribution clause is deleted oor the client is a consumer or sub-consultants are proposed.
] i ViV
>
iV
>
ìV>i]iViV
>>Lv`>>}iìiViiì>vi
1
>
> Vi
V /i >
ViV
>Vi/i>>>>LiviiV`Lii>>Lii>i
eness
ness test under
unde the U
pass the reasonableness
Unfair Contract Terms Act 1977, but it can be less than the cover carried by
>
> >VVi
>V
iViV
>>VVi
claus 7.3 is designed so that the Architect/Consultant pays a fair share of the loss or
The related net contributionn clause
damage to the claimant on the assumption that any other parties to the loss have also paid their share. If the Client
requires the clause to be deleted, it might, after discussion with the insurers/broker, be replaced with The total
>LviQViVRQ
>RìViV}iii>iVii`>
This may affect the professional indemnity insurance premiums payable and in turn the amount of the fee required.
iV>iv>Vi
i]V>V>iivviVii>iii}>}v>ìi>>L
and replacing it with a cap on liability may offend against the UTCCR. Nevertheless, in James Moores v Yakeley
Associates Ltd, the court accepted that in that case the cap was reasonable.
CIC Liability Briefings on Net contribution clauses and Managing liability through financial caps are available at
www.cic.org.uk/liability, but following the Scottish case of Langstane v Riversides QR
-"x]>Li>
this issue will need to be revisited.
4 Insert a paragraph to record the substance of the negotiations with a consumer Client, as noted above.
Additionally, it might be a wise precaution to make a detailed note of the negotiations, in particular drawing
attention to those terms relating to payment, liability and dispute resolution and any amendments that are
appropriate and send a copy to the client, prior to sending the Agreement for signature.
>ix{>`xx]>ìiviiViV>in>`>iìi`v>iiiV
>iL}>viì>VVi>`V>ix>LiVìi`Liv>iVi
i
in the absence of a demonstrable record of negotiation and agreement.
5 The Services can be specified in the Role Specifications, Design and Other Services Schedule or, using the
editable online version, in a customised schedule, eg if the original is not suitable because the commission does
not relate to a typical building project or a different plan of work is used. Alternatively one of the alternative online
schedules may be suitable.
using the editable online
6 Fees and expenses can be specified in the optional Fees and Expenses schedule or, us
version, in a customised schedule.
i
i `
i>i]`}ii>i>`}-Viìvii>` iiiì
`]

e to RIBA
A Agreements 201
2010 ((2012 revision).
fees and expenses can be specified in the Letter as indicated in Guide
Sp
ec
im
en
al if changes are made ssubsequently to

Indication of the fee for each stage or group of stages will prove beneficial
the cost or programme.
election of the dispute reso
resolution procedures.
7 Guide to RIBA Agreements 2010 (2012 revision) covers selection
vee a statutory right to adjud
adjudicatio
In a contract with a business Client both parties have
adjudication. In the Project Data, select
dustry
stry Council or the relevant
rele
Sc
the procedures published by the Construction Industry
Scheme for Construction Contracts
Regulations.
on. Note also that
th the joi
Choose between legal proceedings and arbitration.
joinder provision under CIMAR rule 2.6 will
er parties to
o the dispute al
also inc
apply only where the contracts of other
include an arbitration condition.
and willll be subject to the Arbitra
A
Arbitrations to be seated in Scotland
Arbitration (Scotland) Act 2010. The parties will need to
efault rules
es in the Act are to be m
consider whether any of the default
modified or identified as not applicable. A consumer
spute to the courts. Any oother ooptions must be negotiated. For instance the consumer
has the right to refer any dispute
L>
V>i
V>
Vì>i>L>V>i]i>iii>i>i
i>i}
isputes exclusively to arbitratio
a consumer to take disputes
arbitration is likely to be considered unfair (UTCCR Schedule 2.1(q)).
er chooses adjudication, th
the RIB
Or, if a consumer
RIBA Adjudication Scheme for Consumer Contracts, which may be
w value
alue claims, could be sel
select
suitable for low
selected in the Project Data perhaps in addition to or as an alternative to the
shed
hed by the Construction Industry Council or the relevant Scheme for Construction Contracts
procedures published
>
v i ,
,
Regulations 1998.i>vi, -Vii>i>>>Livii,i"vvVi]/\{
dicatio
dication@ins
\ \ adjudication@inst.riba.org
re the dispute procedures are recorded (see note 4) can an Architect/a Consultant
Only if the negotiations to agree
be assured that the decisions of an adjudicator/arbitrator could not be challenged by a consumer Client on the
grounds of no jurisdiction.
8 Completion
If this Agreement is being completed after the Effective Date, ie after performance of the Services commenced,
ensure the entries in the various components are compatible with the basis on which the Architect/Consultant
started work.
i>v}iii}i`L>Vi
iLivi>>i`]iVi}
cancel in the seven day period after signing it may give the consumer time for second thoughts after the Architect/
Consultant has invested time and creative energy.
When the contract documents are ready, send them to the Client. It may be helpful to flag the places where
signatures, witnesses or initials are required.
The Model Letter of Appointment is mainly explanatory and may help the less experienced Client to understand the
scope of the contract. The Model includes an Agreement clause, which when signed by the parties, confirms the
contract and its component parts.
The Agreement clause is to be deleted where use of a formal Memorandum of Agreement[2] is preferred.
If a consumer Client has acknowledged clause 10 of the Agreement, there is no requirement to take any further
action
Either:
Send the documents to the client asking for all the documents to be returned, when ssigned and initialled.
ments; enter the date of the
On return of the documents, check that all is in order, sign and initial the documents;
chitect/Co
Agreement and send a certified true copy to the Client for record purposes. The Architect/Co
Architect/Consultant
retains
the originals.
Sp
ec
im
en
d documents,
ments, each of w
which ind
A certified true copy may be a photocopy of the signed and initialled
indicates,
perhaps using a pre-printed adhesive label on the face:
This is a true copy of the document referred
ed to in the Agreem
Agreement
between <Client> and <Architect/Consultant>
ect/Consultant> dated <date>
<da
signed <signature of Architect/Consultant
onsultant as original>
origin
Or:
i i
i v Vì>
V
iì
iVvi`Vii
ivVì>>`>>}i>ii}i
i>`
} >`
` >
> i `Vi
ViV
>V>ii}>`>i`Viv}i>iiViV
>
copy to the meeting.
A Agreements
ments 2010 (2012 revision)
re
revision on completion and attestation.
See also Guide to RIBA
En
9 Provision of a copyy of A Clients Guide to Engaging
an Architect, which includes a brief outline of the legislation and
S
fee options and A Clients Guide to Health and Safety
for a Construction Project, which outlines the obligations of a
der CDM, may help the less
les
le experienced Client to understand what an architect can be expected
business client under
tructured. Both
B titles are published by RIBA Publishing.
to do and how their fees are structured.
ropriate place
ropria
plac to draw attention to the availability of the information required by the
10 This may also be an appropriate
lations 2009 about the practice, if not already provided to the Client.
Provision of Services Regulations
[2] Available online.
10
Refer to the numbered notes and adapt the model text as appropriate. The symbols < > indicate where project specific
information should be inserted. The sections of text highlighted in grey are optional, can be deleted or varied as
appropriate. The sections of text between the [square brackets] are alternatives; generally only one of the sections
should be selected.
Refer to note 1
<insert your full business name and address>
i
ivLi>i>`>`ì
For the attention of <insert name>
Refer to note 2
Dear [Sir] [Madam]
Project: <project title>
at <site address> (the Site)
Sp
ec
im
en
or this project.
ect. I am now w
wr
Thank you for inviting my practice to act as your [Architect] [Consultant] for
writing to confirm
our discussions.
etter [of Appointment]
ppointment] [[and the M
We have agreed that the Agreement with you will comprise this Letter
Memorandum of
ntment for [an Architect] [a Consultant]
Cons
Agreement] together with RIBA Standard Conditions of Appointment
2010 2012
ns (Appendix <<insert reference>) the Schedules of
revision incorporating the proposed amendments to the Conditions
vices and
nd Fees and Expen
(A
Project Data, Role Specifications, Design and Other Services
Expensess (Appendix
<insert reference>)
and other documents referred to in this letter.
endix <insert reference
reference> sets ou
[Your letter dated <insert date> attached as Appendix
out your requirements and information
>Li-iqi ivRQ}ii}>ì-i>iiiii>`
ii} >`
`
i -i
-
i`
i 88R
8R
v>>Li-iqi ivLii`88R
Refer to note 3
th project, cost
c and time parameters, the consultant team,
You will see that the Project Data Schedulee identifies the
fessional indemnity
demnity insurance
insu
c
the limits of liability and the professional
cover
available for your project, third party agreements,
he applicable
licable law and the effective
effect date. Please check the entries carefully to ensure they
dispute resolution options, the
match your requirements..
ns its professional indemn
indemnity po
My practice maintains
policy in respect of this Project with <insert name of insurer>, who
> i >`ì v i
V>LiV>Vi`>i>`ìviv>>L>VVivi>ìVV>Li
ation>.
tion>.
found at <insert location>.
ingg consultant
consu
Please make the outstanding
appointments as soon as possible. As the CDM Regulations apply to this
Project, you must appoint the CDM Co-ordinator as soon as RIBA Stages A and B are complete.[3]
If it should prove necessary to seek advice from any consultants or specialists not recorded in the Project Data,
we can discuss how this might be arranged.
[3] Not applicable to domestic Clients.
11
Refer to note 4 [This paragraph applies to consumer Clients only]

I also confirm that I drew your attention to and explained the purpose of each of the conditions as shown in appendix
<insert reference>. This Letter records the results of our discussions and in particular to our decisions on:
U V>ixi>}vii]iii>`>i9>}ii`viViìisubject to deletion of
clause 5.15, and the reference to it in clause 8.1.2, and deletion of clause 5.16.
U V>ii>}>L9asked for clause 7.3 (net contribution) to be [deleted] [amended to provide an
overall cap on liability] and agreed that the time limit and the amount of professional indemnity cover specified in
the Project Data appeared to be reasonable for your project.
U V>ii>}iiv>ì
You also noted the provisions of clause 10.
Refer to note 5
Services
[The Services to be provided are <describe the professional services required> ]
s.] In addition tto our role as
[The Services are set out in the schedule of Role Specifications and Design Services.]
nt] [Contract
ntract Administrato
Administrator] [Lead Designer]
Designer, the Services include performance of the roles of [Lead Consultant]
[CDM Co-ordinator[4]].
Sp
ec
im
en
Refer to note 6
Fees
edule (Fees
Fees and Expense
Expenses, 2012 revision Appendix <insert
Fees are set out [below <insert description>[5]] [in the Schedule
reference>)]
Before implementing any changes required to the Servicess or an approved
appro
design
design, the basis for any consequential
change to the Fees or Expenses will be agreed with you.
ou.
Accounts will be submitted [monthly] [on completionn of each stage] for fee
fees and other amounts due. Please note
the final date for payment of our account is
ory provisions[6] and that th
clauses 5.14 and 5.15 are derived from statutory
14 days after the date of issue.
V>ii x
x > i>
i
*i>ii>>iVvi`V>ix>i>}>`>vi{`>Li>iii>>Li
debt recovery costs.
will be ccharged [at net cost] [plus a handling charge of <insert
[In addition to fees, the expenses listed below w
ost] [by adding <insert pe
percent
percentage> of net cost]
percentage> of the total fee to the amount due.] [<list expenses>]
xpenses.]
enses.]
[The fee includes expenses.]
de on
n your beh
behalf, su
Any disbursements made
such as payments to the local authority for planning submissions or Building
charged at [[net cost] [plus a handling charge of <insert percentage>]
Regulations approval will be charg
AT, w
My practice [is registered for VAT,
which is chargeable on all fees and expenses.] [is not registered for VAT but if
during the course of this appointment it is necessary to register this will change.]
[4] Not applicable to domestic projects.

[5] See under Fees and Expenses in Guide to an RIBA Agreement 2010 (2012 revision).
[6] Applies to business clients only.
12
Refer to note 7
Disputes
My practice aims to provide a professional standard of service, but if at any time you are not satisfied, please bring the
issue to my attention as soon as possible and we can discuss how to resolve the issue. We hope we shall be able to
settle the matter without recourse to the dispute resolution procedures set out in the Project Data.
However, either of us can refer the matter to adjudication under [procedures published by the Construction Industry
Council] [the relevant Scheme for Construction Contracts Regulations] [the RIBA Consumer Contracts Adjudication
scheme]. Should we need help in choosing an adjudicator the nominator will be <insert name of selected body>
We have also agreed that, without prejudice to that right of adjudication, a dispute or difference may be referred
Qi}>Vii`}>`V>iLiìii`R>L>>VV`>ViivV>i
Should we need help in choosing an arbitrator the appointor will be the [President or a Vice President of <insert name
of selected body>] [President or the Secretary of the Royal Incorporation of Architects
Scotland].
cts in S
Refer to note 8
Completing the Agreement
Sp
ec
im
en
If you have any queries or concerns about these arrangements please let me know by <insert date>, bbut if they are
acceptable to you, please sign the [Agreement clause below] [Memorandum
of the
morandum
m of Agreement], initial each
e
appendices where indicated, and return all the documents. Theyy will then
en be countersig
countersigned and the date entered in
the Agreement clause and a certified copy set will be sent to you for your records.
In relation to clauses 2.5.1 and 3.1 of the Conditions it is confirmed
my practice and <name>
onfirmed
ed that <name> will
w represent
repre
will represent your company.
Refer to note 9
I am enclosing, for your information, a copy of A Clients
nts Guide to Engaging
Engag an Architect which includes a brief outline
of some relevant legislation and A Clients Guide to Health and Safety
Safet for a Construction Project which outlines the
obligations of a business client under CDM [7], which I hope will yyou find helpful.
Refer to note 10
[I am also enclosing] [I confirm that I have provided you with] background information about my practice [is available
at <insert website address.>]]
Yours faithfully
for and on behalf of <practice name>

name
[7] Not applicable to domestic projects.
13
AGREEMENT[8]
This Agreement is subject to the law of [England and Wales] [Northern Ireland] [Scotland].
The Client, <name> wishes to appoint the [Architect] [Consultant], <name> for the Project and the [Architect]
[Consultant] has agreed to accept the appointment.
It is agreed that in accordance with the terms of this Agreement the [Architect] [Consultant] performs the Services
>ì
i>iQViVRQ
>Rvi-iVi>ìvi
iL}>
The Agreement comprises this Letter of Appointment and the attachments listed below, each identifying the Site,
the Client and the [Architect] [Consultant] and initialled by the parties before signing this Agreement.
RIBA Standard Conditions of Appointment for the appointment of [an Architect] [a Consultant] 2010, 2012 revision.
Appendix <insert reference> Schedules of Project Data, Role Specifications, Design and O
Other Services and Fees
and Expenses.
Appendix <insert reference> Notes of discussions on the Conditions of Appointmentt
Sp
ec
im
en
Appendix <insert reference> Amendments to the Conditions

Appendix <insert reference/i iv
Appendix <insert reference> Supplementary Conditions for a Public Authority [9]9]

and any other appendices
__________________ of ___________________________ 20__

________________
This Agreement was made as a simple contract
ntract[10] onn ___________
Signed
____________________
__________
_____________________________________
____________________________________________
Client
[Architect] [Consultant]
_____________________
___________________
_____________________________________
____________________________________________
aturess if required
requir by the
t parties[11]
Witness signatures
[8] Delete this Agreement clause if the Memorandum of Agreement is used.

[9] Available as an electronic component.
[10] If the Agreement is to be signed as a deed, delete the above and insert appropriate provisions to suit the status of the parties and their signatories.
For examples see Guide to RIBA Agreements 2010 (2012 revision) or the electronic version of these Notes.
[11] If required by the parties where the law of England and Wales or the law of Northern Ireland applies, or to be self-proving under Scottish law.
14

RIBA Agreement

Încărcat de

Informații document

Drepturi de autor

Formate disponibile

Partajați acest document

Partajați sau inserați document

Opțiuni de partajare

Vi se pare util acest document?

Este necorespunzător acest conținut?

Drepturi de autor:

Formate disponibile

RIBA Agreement

Încărcat de

Drepturi de autor:

Formate disponibile

Licensed copy from CIS: madhinip213@gmail.com, Steffian Bradley Architects, 31/08/2016, Uncontrolled Copy.

A single copy of this document is licensed to

This is an uncontrolled copy. Ensure use of the

Stock code 77537

New denitions: Collaborate and Construction Acts

Applicable to percentage based fees only

Clarication of Additional Fee Provisions

Interest rate is per year

Standard Conditions of Appointment for an Architect 2010, 2012 revision

/ViArbitration (Scotland) Act

Some clauses and denitions, not listed above, have

Royal Institute of British Architects

Thiss and the followi

Royal Institute of British Architects

RIBA Agreements 2010, 2012 revision are produced in association with:

Individual architects are required to be registered with the Architects

 This publication is for the sole use of the

ection with the proper pe

 In any other case, you may not distribute

Notes on using components

Definitions and interpretation etc.

Standard Conditions of Appointment for an Architect, 2012 revision

Construction Cost means:

Standard Conditions of Appointment for an Architect, 2012 revision

m the Client upon becoming aware of:

Standard Conditions of Appointment for an Architect, 2012 revision

2.9.1 disclosuree is necessary

Information, decisions, approvals, etc

Standard Conditions of Appointment for an Architect, 2012 revision

on and other approvals fro

3.10.2 compliance with thee Construction Cost and/o

Assignment and sub-contracting

Standard Conditions of Appointment for an Architect, 2012 revision

Fees and expenses

he Project iss for the design

Standard Conditions of Appointment for an Architect, 2012 revision

Revision of lump sums and other rates

ance for any

Tender not accepted

Standard Conditions of Appointment for an Architect, 2012 revision

Expenses and disbursements

Standard Conditions of Appointment for an Architect, 2012 revision

Notice of intention to pay less

Payment on suspension or termination

orr suspension is remedied

Copyright and use of information

Standard Conditions of Appointment for an Architect, 2012 revision

without tthe consent of the

sub-licence grantedd by the Client, whether

[3] Under the Registered Designs Regulations 2001.

Liability and insurance

Standard Conditions of Appointment for an Architect, 2012 revision

mount of the Architects

Professional indemnityy insurance

[4] Delict in Scotland.

Standard Conditions of Appointment for an Architect, 2012 revision

7.7.3 that a supplementary agreement is applicable under

Rights of third parties

8.1.11 The Client may suspend

[5] Not in Scotland.

8.1.4 If the reason for a notice of suspension arises from a default:

Standard Conditions of Appointment for an Architect, 2012 revision

8.2.1 The Client or the Architect may by giving reasonable notice

The Client and

This publication is for the sole use of the

In any other case, you may not distribute

Architect [13]>i}i

>`-V> }ii>i}i

[14R V>Lii}i