BGA Architects – Terms & Conditions - V16
The Consultant shall exercise reasonable skill, care and diligence in performing the Services. Notwithstanding any responsibilities and obligations which the Client may have under any other contract or at law, nothing in this Agreement or in any proposal, report or other document is to be construed as a warranty or guarantee by the Consultant other than to use (or to have used) reasonable skill care and diligence.
The Consultant shall use all reasonable endeavours to perform the Services to the programme, if any, set out in the Agreement but shall not be liable if it is unable to perform the Services as a result of any cause beyond its reasonable control.
The Client shall supply to the Consultant in a timely fashion so as not to disrupt the performance of the Services and without charge all the information and things in the possession of the Client or any of the Client’s agents consultants or contractors and any instructions decisions consents approval or access to property and use of facilities as described in (or reasonably to be inferred from) this Agreement as necessary for the performance of the Services by the Consultant.
Intellectual Property, Confidentiality & Publicity
The copyright in all drawings reports and other documents (including material in electronic form) prepared by the Consultant in the performance of this Agreement shall remain vested in the Consultant. Any of the Consultant’s know-how, techniques, or processes used in the course of carrying out the Services are confidential to the Consultant. The Client shall not without the prior written consent of the Consultant divulge to any party details of any confidential information disclosed by the Consultant in the performance of the Services.
Because the CAD information stored in electronic form can be modified by other parties intentionally or otherwise, without notice or indication of said modifications, BGA Architects reserves the right to remove all references of its ownership and/or involvement in material from each electronic medium not held in its possession and cannot be held liable for any inconsistences or errors in the drawings provided.
Any unauthorized modification or reuse of the material shall be at your sole risk, and you agree to defend, indemnify, and hold BGA Architects harmless for all claims, injuries, damages, losses, expenses and legal fees arising out of the unauthorized modification or use of these materials.
The recipient understands that the use of any project related computer data constitutes acceptance of the above conditions. On this basis, BGA Architect is pleased to be able to provide CAD files related to the project.
The Client shall have a licence to copy and use only the final drawings and other documents provided by the Consultant and only for the purposes and for the same project for which they were prepared or compiled. The Consultant shall not be liable for the use of such drawings or documents other than for the purposes for which they were provided by the Consultant. The Consultant may on giving not less than seven days written notice revoke this licence if the Client fails to pay in accordance with this Agreement any fees or other amounts due under this Agreement.
The Client shall not without the Consultant’s prior written agreement provide to any third party or publish on any website the whole or any part any drawing report or other document prepared by the Consultant in the performance of this Agreement.
BGA Architects reserve the right to use any photos/records of your project for promotional purposes. Any images etc. you would not like us to use externally should be clearly stated in writing.
Please note that prices of potential construction costs are an estimate only and are subject to change, similarly all other prices including application/consultants’ fees quoted are for guidance only to help provide you with a project budget costing. These prices should not be used for as a detailed cost analysis.
Please note that whilst carrying out a measured survey of the property it may be necessary to expose some of the existing structure which may involve lifting carpets, creating holes within ceilings and walls etc. Conservative assumptions of the structure can be made at this stage if necessary to avoid damaging any of the existing structure. However, this may lead to additional costs being incurred at a later stage.
Whilst some check dimensions will be taken to the boundary to position the building on the site, the accuracy of these boundaries cannot be guaranteed without a full topographical survey. Where a full topographical survey is not provided, BGA Architects will base boundary positions etc, on ordnance survey data.
In the event that you should need to cancel your booked survey with BGA Architects, please provide a minimum 48hrs notice (Monday to Friday) to avoid cancellation charges.
If you should cancel our survey appointment with less than 48 hours’ notice this will result in a cancellation charge in accordance with our Cancelation Policy below.
BGA Architects strongly recommend that a full topographical / 3D laser survey be carried out whenever a new building or extension is being built within 2m of a boundary or where the overall height is critical for example where ridge lines need to line through or for the preparation of a street scene drawing. Where a full topographical survey has not been carried out and a discrepancy between the site boundaries, levels etc. occurs BGA Architects cannot be held responsible.
Please also ensure that the building/extensions are set out on site prior to any works commencing to ensure that there are no discrepancies between the drawn information and physical environment especially where works have been based on ordnance survey data as opposed to a topographical / 3D laser survey as BGA Architects cannot guarantee the accuracy of plans produced using ordnance survey data.
As part of providing a service to you BGA Architects may need to take photographs or other image records of the site/property. This information will only be used by BGA Architects to deliver our service.
Please note that some councils may charge for pre application advice and this will be payable by the client.
Town Planning decision notices are issued eight to twelve weeks after submitting the town planning application once validated depending upon whether the application is a minor or major application. Local Authorities have different validation requirements depending upon each application own merit and may require additional supporting documents to be provided prior to the application being validated. BGA Architects will provide guidance upon the need for supporting documents but cannot be held liable for invalid applications as a result of insufficient information etc.
We will naturally use our best endeavours to obtain a town planning approval on your behalf, but the decision is beyond our control as it will be decided by the Local Authority as planning policy is open to interpretation. Please note Councils do not provided any feedback prior to the issuing of a decision notice.
Please note that BGA Architects do not proceed with the full plan building regulation application documentation until a town planning approval has been granted unless we have been specifically instructed by the client.
Full plan building regulation approval is issued approximately five weeks after submitting the full plan building regulation application. Building regulation approval are often issued conditionally with conditions attached which need to be addressed on site whilst the works are carried out. It is the client’s responsibility to ensure they and their contractor are fully aware of this conditions and discharge them accordingly.
Due to different interpretation of standards, modifications may be required. We would therefore recommend that works on site are only commenced after receipt from the local authority/approved inspector and all approvals are in place.
The building regulation package produced by BGA Architects does not include for the production of a setting out plan, where a setting out plan is required additional fees will be payable, unless stated otherwise.
Assuming all the approvals are granted and the tender documentation is issued swiftly the whole process can take approximately 16-18 weeks. Much of this time is taken up with the statutory 8 week planning application process which is beyond our control. Therefore, the only way this can be speed up is by instructing us to carry out the second stage at your own risk.
Naturally we do not recommend this approach but in some circumstances, it can reduce the timescale by about half. This is because the building regulation approval and tender documentation can be produced during the statutory planning period. This would possibly allow you to appoint a contractor to start works immediately after obtaining a planning approval, assuming planning permission is granted. Should you wish to proceed a stage at YOUR OWN RISK, a full non-refundable stage payment will become payable immediately.
After an application has been submitted, any amendments to the submitted documents or discharging of planning conditions etc, will be charged at our standard hourly rate.
All schemes may be subject to Town Planning/Building Regulation approval along with other consents e.g. Statutory Water Board Applications & Party Wall Award etc. and it is the responsibility of the client/contractor prior to work commencing on site to ensure that all relevant applications have been made and approvals granted.
Where approvals have been granted with conditions and or reserved matters or are subject to statutory agreements e.g. CILs etc. where necessary these must be discharged prior to works commencing on site. Please note that BGA Architects cannot be held liable for any failure to discharge these conditions etc. The client should ensure that sufficient time is given to enable the council to consider the conditions being discharged prior to any approval lapsing.
The creation of all new dwellings will require a design stage SAP calculation (predicted energy assessment) to be carried out by a specialist energy assessor. These thermal calculations should be carried out prior to works commencing on site, with a construction phase assessment (EPC) carried out prior to completion. The building should also be built in accordance with the accredited thermal bridging details which have been developed to assist the construction industry achieve the performance standards required to demonstrate compliance with the energy efficiency requirements (Part L) of the Building Regulations.
Air permeability testing is also a mandatory requirement for new buildings under Part L of the building regulations and must be carried out prior to completion. The result of which will be used to determine the energy performance of a dwelling, and it is within that assessment that a design, target air permeability will be set.
Developments to both new build constructions and refurbished developments will also require sound testing. This will include the separating walls and floors to achieve compliance with Part E of the building regulations. The only exception is where pretested and certified Robust Details have been used.
Sound insulation testing checks for both airborne and impact travel through new or existing buildings. This may affect party walls and floors between new and existing buildings or between spaces within a new development entirely.
It is therefore recommended that a pre completion sound insulation test be carried out in accordance with BS EN ISO 140 to accurately assess what is currently in place before determining if the above specified insulation is adequate to meet minimum standards to achieve a pass on the sound test in accordance with BS EN ISO 140.
Where new dwellings are created all new mechanical ventilation installations proposed, are to be designed, installed and commissioned in accordance with The Domestic Installation Compliance Guide 2013. It is the clients/contractor’s responsibility to provide all necessary documentation to the building inspector for their approval.
Please note other members of the design team, e.g. town planners, structural engineers, quantity surveyors, M&E, environmental and energy consultants etc. maybe required to obtain town planning and building regulation approval. Whilst we will endeavour to inform you of the involvement of the design team at an early stage this is not always possible.
All design team members will be employed directly by the client.
Whilst some types of residential work can be carried out under a building notice we highly recommend submitting a full plan building regulation application and awaiting approval prior to works commencing on site. It is however in some cases possible to submit a full plan application and start works on site.
The fundamental difference between the two methods is that the building notice route does not require the submission of detailed plans, although plans and details can be requested by the Local Authority subject to the complexity of the project.
Please note that BGA Architects cannot be held responsible for any issues arising from works commencing on site prior to the full plan building regulation application approval.
Disadvantages of the building notice route are as follows:
No plan approval is given for the proposals - some financial institutions may require you to have full plan approval proof prior to releasing funds.
If you choose the building notice route then you should be sure that you have agreed what the contractor is responsible for and what has been included within their price.
It places emphasis on you and your builder to ensure the work complies with the Building Regulations.
BGA Architects cannot be held responsible for any issues arising from works on site if carried out under a building notice.
Nevertheless, if you wish to proceed under a building notice then we can submit on your behalf the relevant documentation for a small administrative charge of £50.00.
BGA Architects can provide a full architectural service, e.g. contract administration and site inspections etc. If however this is not thought to be required, but you would like to employ us to undertake one or more of the contractual elements, they will be charged out at the same rate as set out below.
For work outside the capacity for which we have been employed hourly rate charges will be applied.
Chartered Architect/Partners £120.00
Chartered Architectural Technologist £100.00
Architectural Consultant £90.00
Interior Designers & Illustrative Artist £75.00
Technicians, Draughtsman & Surveyors £60.00
All work carried out by BGA Architects is charged by the hour and is not apportioned into minutes
If additional sets of drawings are required after the client approved drawings have been issued then the following print charges will apply.
A1 Paper Size £3.00 plus VAT
A2 Paper Size £2.50 plus VAT
A3 Paper Size £0.30 plus VAT
A4 Paper Size £0.15 plus VAT
Individual site visit excluding expenses £150.00 up to and thereafter every hour.
Use of Personal Information
We will never send unsolicited email and we will only send you information about our services if requested by you to do so.
We will not disclose information regarding our clients to third parties who are not involved with providing a service(s)/quotation regarding your project unless the client has first given their consent.
By instructing BGA Architects to act on your behalf the client gives permission to BGA Architects to provide contact details and other relevant key project information that will enable them to undertake their service or provide you with a quotation which BGA Architects may obtain on your behalf.
Information collected about the client is used only for the provision of our services to the client. This information is not used for any other purpose.
If you have any concerns about privacy matters please contact us.
Prior to works commencing on site all clients should notify their insurance companies of the proposed works to ensure the property is appropriately insured and sufficient cover is in place.
3rd Party Interests
The client should notify and obtain all necessary approvals from any party that has an interest in the land or property, prior to works commencing e.g. landlord, mortgages companies etc. Or any permits and permission that may be required from time to time such as where drains discharge into adjoining ditches etc.
Subject to architectural services chosen, payment will be required as follows:
Where surveys have been carried out by BGA Architects a minimum 25% of the corresponding stage payment will become payable immediately. Until this payment has been received no further works shall continue.
Where surveys are not undertaken or stage fees are over and above £2,000.00, BGA Architects will require a 25% deposit prior to works commence on that stage. Where stage payments above £2,000.00 interim accounts shall be raised in line with the works undertaken on a monthly basis.
Where design options have been produced and sent to the client for approval/comments an invoice will be raised totalling 75% of the stage payment.
BGA Architects fee will become payable prior to submitting the town planning application. This also applies for the submission of any other applications.
Should you wish to proceed a stage at YOUR OWN RISK, a full non-refundable stage payment will become payable immediately. Please see Project Progress above.
BGA Architects reserve the right to submit Town Planning Applications through the Planning Portal website and Building Regulation Applications through the Submit-a-Plan website, or other services which may be appropriate at the time of submitting the application.
Where applications are submitted online through a portal scheme such as those described above, transaction/licenses fees will be payable by the client at the same time as the application fee itself.
By settling BGA Architects invoice for services provided the client shall take full responsibility for the information contained within the documentation as being acceptable for the client’s requirements and provides authority for BGA Architects to submit the application(s).
Please note that any variation made to a planning application once it has been validated by the Local Authority will be subject to an additional BGA fee of a minimum 25% of the planning stage fee (subject to a minimum fee of £250.00 Plus VAT).
All subsequent town planning applications will also be subject to an additional BGA fee of minimum 25% of the planning stage fee (subject to a minimum fee of £250.00 Plus VAT).
All alternative schemes which are beyond the scope of the original brief as set out in our fee proposal letter will be subject to a separate fee.
Any amendments to a building regulation application once a conditional approval has been received will be subject to an additional BGA fee of 25% of the building regulation stage fee (subject to a minimum fee of £250.00 Plus VAT).
When providing a service for contract administration BGA Architects will provide a quotation based on the anticipated number of monthly visits, subject to a minimum fee as set out in the letter of engagement
Where BGA Architects provide a full architectural service, BGA Architects will charge 75% of the remaining minimum fee prior to issuing the tender documents to contractors with the remainder of the fee spread out over the duration of the construction phase. Any amendments/value engineering exercises to tender documents after the tender has been returned will be subject to an additional BGA Architects fee based on our standard hourly rate.
Where BGA Architects provide a full architectural service BGA Architects reserve the right to adjust their professional fees in line with the latest costs with the additional monies invoiced once budget estimates/cost analysis/ tenders have been received.
Final payments will be in line with the works on site and invoiced as works proceed. Naturally if you decide not to proceed at any time during the practice involvement you will only be invoiced for the work carried out to date.
BGA Architects fees excludes any assessment of extensions of time and loss/ expense claims, which shall be charged at our
standard hourly rates.
BGA Architects are not project managers and cannot be held responsible for the errors, emissions or delays caused as a result of the contractors on site. BGA Architects have no control over the construction programme or workmanship. BGA Architects can only act as the contractor administrator where appointed and use the mechanisms within the contract to address any issues.
The following expenses will be re-charged to the client: travelling expenses; car mileage at 45 pence per mile; accommodation and subsistence costs; postage and couriers; printing and photocopying, or any other cost incurred with any third party specifically in relation to the provision of goods or services to or for the benefit of the client.
Our terms are full payment within 7 days of the account. Interim accounts for work in progress will be issued monthly. All sums due from the Client which are not paid on the due date (without prejudice to the rights of Consultant under these terms) shall bear interest from day to day at the same annual rate as prescribed from time to time pursuant to section 6 of the Late Payment of Commercial Debts (Interest) Act 1998 with a minimum rate of 2.5% per month.
During any period in which payments from the Client are overdue, the obligations of BGA Architects will be suspended.
All sums payable under this agreement unless otherwise started are exclusive of VAT and other duties or taxes. Any VAT or other duties or taxes payable in respect of such sums shall be payable in addition to such sums.
As a courtesy, we contact you to confirm the date and time of your appointment, however please understand that it is your responsibility to remember your appointment dates and times to avoid missed appointments and cancellation charges.
In the event that you should need to cancel your booked appointment or survey with BGA Architects, please provide 48hrs notice to avoid cancellation fees. If you should cancel our survey appointment less than 48 hours’ notice will result in a cancellation charge of £300.00 Plus VAT.
In the event of missed appointments, BGA Architects reserve the right to invoice a cancelation charge of £150.00 Plus VAT.
CDM 2015 applies to all building and construction work and includes new build, demolition, refurbishment, extensions, conversions, repair and maintenance.
Under CDM 2015 a Principle Designer is also required for all domestic and commercial projects that are likely to last longer than 30 days and have more than 20 workers working simultaneously at any point in the project, or involve more than 500 person days of construction work. BGA Architects can act as the Principle Designer to submit the relevant F10 notice and Pre Construction Health & Safety Documentation as required and would be happy to provide a fee quote to act as the Principle Designer.
Where BGA Architects are to provide a full architectural service we will act as the Principle Designer (under CDM 2015) for the duration of the project unless informed in writing when receiving your instruction that you will be appointing an alternative Principle Designer. 75% of this fee will become payable after the production of the pre-construction health and safety plan with the remainder of this fee paid once the health and safety file has been compiled.
The Consultant’s Liability
Notwithstanding anything to the contrary in this Agreement the total liability of the Consultant (other than for personal injury or death resulting from negligence) under or in connection with this Agreement howsoever arising whether in contract or in tort, in negligence, for breach of statutory duty or otherwise shall be limited to and not exceed in aggregate the amount stated in the Offer.
Subject to the foregoing clause which may operate to extinguish or reduce the liability of the Consultant under this clause the Consultant’s liability under or in connection with this Agreement in respect of any claim or series of claims arising out of one occurrence or series of occurrences whether in contract or in tort, in negligence, for breach of statutory duty or otherwise shall be limited to the least of the following amounts:
the greater of (a) the reasonable direct cost incurred by the Client to carry out corrective works of demolition reconstruction and repair of physical damage or clean-up works directly resulting from defective performance of the Services (excluding for the avoidance of doubt any of the following losses incurred by the Client whether direct or indirect: lost profits, wasted management time, cost of delay, increased supervision costs, professional fees, contractor and other third party costs and claims, diminution in value, financing charges, or financial loss) together with the Consultant’s fee for performing the defective part or parts of the Services; and (b) five times the Consultant’s fee for performing the defective part or parts of the Services;
the amount if any recoverable by the Consultant by way of indemnity against the claim or claims in question under any professional indemnity insurance taken out by the Consultant and in force at the time that the claim or claims or (if earlier) circumstances that may give rise to the claim or claims is or are reported to the insurers in question. This limitation shall not apply if no such amount is recoverable due to the Consultant having been in breach of their obligations under the above clause or of the terms of any insurance maintained in accordance therewith or having failed in due time to report the claim or such circumstances to the insurers in question and
the amount of the Consultant’s “Net Contribution” if applicable, being the amount that is determined on the basis that the Consultant’s liability is limited to that proportion of the Client’s losses which it would be just and equitable for the Consultant to pay having regard to the extent of the Consultant’s responsibility for the same and on the assumption that.
all other consultants, contractors, sub-contractors, project managers or advisers engaged in connection with the same project shall have provided to the Client contractual undertakings on terms no less onerous than those set out in Performance clause above in respect of the carrying out of their obligations in connection with the project;
that there are no exclusions of or limitations of liability nor joint insurance or co-insurance provisions between the Client and any other party referred to in this clause and any such other party who is responsible to any extent for the Client’s losses is contractually liable to the Client for the same; and
that all such other consultants, contractors, sub-contractors, project managers or advisers have paid to the Client such sum as it would be just and equitable for them to pay having regard to the extent of their responsibility.
No action or proceedings under or arising out of or in connection with this Agreement whether in contract or in tort, in negligence, for breach of statutory duty or otherwise shall be commenced by a party (a) after the expiry of six years after the completion of the Services or such earlier date as may be prescribed by law (b) at any time against any employee officer or director of the other party (save in respect of death or personal injury resulting from negligence).
Community Infrastructure Levy (CIL’s)
The Community Infrastructure Levy is a planning charge, introduced by the Planning Act 2008 as a tool for local authorities in England and Wales to help deliver infrastructure to support the development of their area. It came into force on 6 April 2010 through the Community Infrastructure Levy Regulations 2010.
Most new development which creates net additional floor space of 100 square metres or more, or creates a new dwelling, is potentially liable for the levy. Where the proposal is considered liable BGA Architects will complete the relevant forms on behalf of the client. Please note that the client will be liable for all Community Infrastructure Levy payments and for complying with the strict requirements as explained below.
Some developments may be eligible for relief or exemption from the Community Infrastructure Levy. Please note that strict requirements apply with regard to the timing of the exemption process and you should seek advice direct from the local authority for further information.
Professional Indemnity Insurance
Provided always that such insurance is available at commercially reasonable rates, and subject to all exceptions, exclusions and limitations to the scope of cover that are commonly included in such insurance at the time it is taken out or renewed as the case may be, the Consultant shall maintain professional indemnity and public liability insurance for a period of 6 years following practical completion of the Works unless otherwise agreed between the parties in writing. When reasonably requested to do so the Consultant shall provide a brokers’ certificate as evidence that insurance is being maintained.
Terrorism / Act of God
The Consultant is not responsible under this Agreement or otherwise for designing or advising on or otherwise taking measures to prevent or mitigate the effect of any act of terrorism or Act of God or any action that may be taken in controlling, preventing, suppressing or in any way relating to an act of terrorism / Act of God (herein called “terrorism matters”) and the liability if any of the Consultant under or in connection with this Agreement whether in contract or in tort, in negligence, for breach of statutory duty or otherwise for any claim which may arise out of or in connection with terrorism matters is excluded.
Pollution, Contamination & Asbestos
Unless included in the Services the Consultant is not responsible under this Agreement or otherwise for advising on matters which wholly, partly, directly or indirectly arise out of or result from asbestos (including without limitation the costs of testing for, monitoring, abatement, mitigation, removal, remediation or disposal of any asbestos or product or waste that contains asbestos) or pollution and contamination (including without limitation by naturally occurring or man-made substances, forces or organisms or any combination of them whether permanent or transitory and however occurring (herein called “asbestos and pollution and contamination matters”) and the liability if any of the Consultant under or in connection with this Agreement whether in contract or in tort, in negligence, for breach of statutory duty or otherwise for any claim which may arise out of or in connection with asbestos and pollution and contamination matters is excluded.
BGA Architects are registered with the Architects Registration Board (ARB) and the Royal Institute of British Architects (RIBA) and are subject to their code of conduct. The Parties shall attempt, in good faith, to resolve any dispute or difference that may arise, referring the matter to the most senior person within the respective Client and Consultant organisations. Each party shall have the right to refer any dispute to adjudication in accordance with the Construction Industry Council Model Adjudication Procedure current at the time of referral.