Architecture Design Services & Consultants - Terms & Conditions
Whether or not signed, this document sets out the Terms and Conditions which shall apply to the provision of all design and associated services undertaken by Architecture Design Services & Consultants, (in this document referred to as "us", "we", 'the firm' or "our", as appropriate) to clients (in this document referred to as "you", "your" or "client"). By transacting with us you irrevocably agree to these Terms and Conditions.
A contract with the Terms and Conditions set out below comes into being when an order is placed with us and when we accept that order (whether by starting work or otherwise). These Terms and Conditions shall override any Terms and Conditions which you may propose, unless agreed in writing by our duly authorised signatory before work is begun (not items are received after) on performance of the services requested.
We advise all clients - you should never begin any building / other works on a project until planning approval and / or building warrant is received in writing. Otherwise this WILL incur you in further costs.
The following terms and conditions shall form the basis of an agreement between client/s and Architecture Design Services & Consultants (“Firm”) in the event that the client decides to proceed and therefore is considered to accept our terms and conditions:
1. The Client/s agree/s to The Firm’s Terms and Conditions of trading, as listed on this website.
2. The Firm agrees to provide the services outlined in this proposal for the fee/s outlined.
3. The Client undertakes to pay the fee/s set out in accordance with any agreed payment milestones.
4. The Firm undertakes to consult with the Client/s in order to facilitate the completion of the agreed milestones and
the completion of the project as a whole, where applicable.
5. The Client undertakes to provide the Firm with clear instructions and guidance when required.
6. The Firm will ensure, as far as is possible, compliance with all relevant laws and regulations.
7. The Firm shall undertake all of its work with professionalism and due care.
8. The Firm may outsource work or manage contractors.
9. The Client undertakes not to withhold payment/s for any reason and irrevocably agrees that once work has begun
by the Firm there will be no refund of monies paid under any circumstances.
10. The Firm is not responsible for delays due to outside agencies such as planning or government / council authorities,
builders’ merchants, shipping and transit companies and third-party contractors.
11. The Firm is not responsible for delays due to unforeseen eventualities or acts of God such as poor weather,
flooding, natural disaster etc.
12. The Firm is not responsible for increases in costs caused by a future rise in the costs of materials or otherwise
(including outside contractors) or by a later lack of availability of those materials used as a basis for calculated
costing in our proposal.
13. The Client undertakes to insure and keep insured the site against injury to third parties and contractors.
14. The Firm makes no guarantees whatsoever regarding approvals or support from any government departments,
officers or otherwise in respect of a Client’s application / project/s.
15. Although every care has been taken in the preparation of this proposal it is not possible to predict with
complete certainty the cost and timescale of any architectural/design/build project and the Client should allow
at least a 20-25% margin on costs and timescales.
Other fees in addition include:
· Council Fees (where applicable) - payable by client directly to council
· Building Warrant / Inspection Fees - payable by client directly to council / inspectors
· Any further reports, etc required / requested by council officers or otherwise (eg SER Certification, etc)
Quotation/Estimate and Acceptance
A quotation/estimate by Architecture & Design Services does not constitute an offer and may be withdrawn or revised at any time prior to Architecture & Design's acceptance of the purchase order. All quotations/estimates for services are valid for 30 days. Unless otherwise stated. Any order placed by the Client with Us (whether or not in response to a quotation/estimate, via email or online booking) shall constitute or be deemed to have constituted an offer to Architecture & Design Services to purchase services on these conditions. Architecture & Design Services have full discretion in accepting or rejecting any order.
Any estimated building costs indicated to a client are exactly this - estimated - and should not be deemed accurate. Architecture & Design Services take no responsibility for accuracy of estimated building costs. They should be estimated/quoted by a construction firm/building firm. Clients are advised to allow a minimum. 15-25% over-run for unforeseen issues on all build projects.
Photographing our schemes/projects prior to work beginning and after completion is an important part of our work for it enables us to keep our portfolio and our website up to date. We therefore reserve the right to photograph projects prior to commencement of works, throughout works, when they are properly completed and to publish the photographs at our desire, including in Architectural and Design journals. Our client is invited to participate in any publicity emanating from the finished schemes. Some clients like to be involved in the publicity whilst others prefer to remain anonymous. Whether clients wish to participate or not, we can assure them that their views on this matter will be respected and that all reasonable steps will be taken to avoid any publicity which will be injurious to the privacy or security of clients.If a client does not wish the final completed scheme to be either photographed or published, then we ask that this view be declared and discussed before the start of the project. Unless this is discussed at the outset, clients who subsequently decide to prevent us from photographing our work will be in breach of the legal contract terms.
In our experience, clients have a tendency to make changes to the design scheme for any number of reasons. Whilst we may be happy to oblige our clients in this respect we must point out that it is easier and of less consequence to make the changes ahead of time and not after the event. By this we mean that design changes made during the design process are more easily dealt with than changes made during the on-site building phase of the contract. If we are able to make design changes without involving additional time or contract administration time, then we will do so without charging additional fees. If, however, the changes do involve us in expenditure of additional time, etc then these changes are subject to additional fees, to be charged on a time basis.
Time expended between stages
Occasionally a client will delay the progress of a project and there will be a dormant period between the work stages as set out in Work Stages and yet may require the input and services of the Architectural Designer during these periods of delay. Whilst it is a clients’ prerogative to determine the progress of a project, we reserve the right to charge fees on a timed basis for any involvement between work stages, and which is not specifically covered by our overall fee agreement.
Our 'standard' rate for site visits is £296.00 for the visit including the first hour on site; additional hours are charged by the hour (not part of) at £129.00 per additional hour thereafter. More experienced professionals are charged out at higher rates of £350.00 and £189.00. Charging rates to clients is at the sole discretion of the firm.
Responsibilities for the building works
In a building contract, the Architectural Designer is responsible for, and carries full professional indemnity insurance for all matters relating to architectural design. Likewise, the structural engineer is responsible for all aspects of the structural engineering design. The building contractor is responsible for, and carries full public liability insurance for his/her building activities and is responsible for the work he/she executes, and the manner in which he/she does so.
It is the building contractor who has the responsibility to carry out building work correctly and in accordance with the design drawings and specifications.
Architectural Designers, Designers, Architectural Technologists, Architectural Technicians and Structural Engineers have a duty to oversee (if engaged/hired to do so) and inspect the work of the contractor and to check that the work is carried out correctly. The overseeing of the works is usually carried out during regular inspections, but is not exhaustive. If a client requires continuous and detailed supervision of the work, then as an Architecture & Design Firm we would recommend that the client employs a ‘clerk of works’ to be on site at all times, or agrees to pay additional fees for Architecture & Design Services to provide a ‘site architectural service’. You irrevocably agree to indemnify Architecture & Design Services, their owners/directors/employees/freelancers/sub-contractors that they hold no liability whatsoever, howsoever caused.
Building contractors are responsible in full for their works carried out.
The Firm makes no guarantees whatsoever regarding approvals or support from any government departments,, officers, third parties or otherwise in respect of a Client’s application / project/s.