Terms & Conditions

SACKS JONES O’NEILL ARCHITECTS LTD
info@sjonarchitects.com

1. Introduction

These terms and conditions (‘Terms’) set out the rights and obligations of the architect (‘architect’), Sacks Jones O’Neill Architects Ltd and the client named in the agreement (‘client’) regarding the architectural services to be provided by the Architect.

2. Services Provided

The Architect agrees to provide architectural services (based upon the RIBA work stages). The services will be detailed in the project specific Fee Proposal document, but may include the following:

2.1 Project Inception

  • Formulation of client’s brief
  • Advice on likely timescale and build costs
  • Advice on local authority statutory conditions
  • The need to engage specialist consultants / formulation of project team
  • Preliminary / concept Designs
  • Preparation of preliminary design proposals in response to client’s brief
  • Meeting/s with the client to present preliminary designs

2.2 Design Development / Planning

  • Development of design and agreement of preferred solution
  • Meeting/s with client to review designs
  • Preparation of information (drawings, documents etc.) as required for a ‘Planning Application’ or liaison with specialist Planning Consultant (as relevant)
  • Liaison with local authority/statutory bodies and monitoring of the planning application (as relevant)

2.3 Technical Design

  • Liaison with structural engineers and specialist consultants, and coordination of information
  • Preparation of a full set of detailed construction drawings, specifications etc. for pricing
  • Preparation of all relevant technical information for Building Control application
  • Advise the client on relevant health safety issues, and responsibilities

2.4 Tender

  • Liaison with quantity surveyor / cost consultant (as appropriate)
  • Monitoring the tender process
  • Monitoring negotiations with the contractor and quantity surveyor to arrive at an agreed contract sum
  • Review of contract budget and programme
  • Provide advice on suitable construction contract
  • Preparation of Construction Contract or liaison with Construction Consultant regarding contract, as appropriate

2.5 Construction Phase

  • Attending regular design meetings with the ‘design team’
  • Attending regular site visits with the main contractor to review progress and workmanship
  • Providing regular updates to Client regarding project progress
  • Contract administration services

2.6 Project Completion / Use

  • Final inspections
  • Coordination with contractors for any remaining issues (or ‘snagging’)
  • Advise on further modifications or minor adjustments
  • Provide assistance with obtaining relevant completion certificates

3. Architect’s Standard of Care

The architect agrees to perform all services with reasonable care, skill and diligence in accordance with the standards set by the Architects’ Registration Board (ARB) and the Royal Institute of British Architects (RIBA) and relevant professional codes of conduct. 

4. Client’s Responsibilities

The client agrees to:

  • Provide the Architect with accurate and complete information relevant to the project
  • Make timely decisions and approvals as required to facilitate the progress of the project
  • Notify the Architect of any changes or modifications to the project requirements
  • Provide access to the project site and cooperate with the Architect in carrying out their duties

5. Fees and Payments

The client agrees to pay the Architect the fees as set out in the Architect’s ‘Fee Proposal Document’ for each stage of works. 

Invoices will be issued monthly or following the completion of each stage of work (whichever comes sooner) and will be payable within 14 days. 

The Architect may charge their fees in different ways, and as set out and agreed in the Architect’s ‘Fee Proposal Document’.

5.1 Percentage Based Fees

  • Based on a percentage of the total construction cost of the project, typically ranging from 8 – 15 % depending on the scale of the project
  • The percentage fee is agreed by the architect and client prior to works commencing, and typically includes all architectural services provided (as listed above)
  • This fee structure ensures that the architect’s compensation is directly linked to the scale and complexity of a project, providing a fair and equitable arrangement for both parties

5.2 Fixed Fees

  • Fee structure based on fixed fees for specific stages or phases of the project
  • Based on the Architect’s estimate of likely time to be expended on the relevant stage or phase of the project, and based on the agreed project brief and architect’s scope of work

5.3 Time Based Fees

  • In some instances, the Architect may propose a fee structure based on time spent on the project
  • Time based fees involve billing the client for the actual hours worked by the Architect
  • The hourly rate will be agreed in advance of works commencing
  • The architect will make reasonable efforts to provide an estimate of the anticipated time required for the relevant portion of works

6. Changes to Services

Any changes to the scope of services must be agreed upon in writing by both parties. Additional services requested by the client, or changes to the agreed brief, may result in additional fees.  Additional fees will be set out and agreed in advance of any work being carried out where possible.

7. Programme

The Client has the right to determine the reasonable programme and schedule for the project.. In such instances the Architect reserves the right to be compensated for any additional work required due to delays in the programme.

8. Ownership of Documents

The Architect shall retain ownership of all drawings, specifications and other documents prepared for the Project. 

The Architect grants the client a non-exclusive licence to use the relevant drawings and documents solely for the purpose of the specified project. 

In the event of termination of the contract by the client, the architect retains ownership of these documents, and the Client may not retain or use them without the Architect’s prior consent. 

9. Confidentiality

Both parties agree to keep confidential all information obtained during the course of the project, except as required by law or with the other party’s consent. 

10. Photography

The client shall allow the architect to photograph the completed project. The client shall allow the architect access to the site for photography, with reasonable notice.

11. Limitation of Liability

The Architect’s liability of any claims arising out of the services provided shall be limited to the fees paid by the Client for those services. The Architect shall not be liable for any indirect, consequential, or incidental damages.

12. Termination

Either party may terminate the agreement upon written notice if the other party materially breaches the agreement and fails to cure the breach within a reasonable time period. The Architect shall be entitled to compensation for services rendered up to the date of termination.

13. Amendments

Any amendments to these Terms must be made in writing and signed by both parties.

14. Dispute Resolution

In the unlikely event of any dispute arising out of or in connection with this agreement, the parties shall endeavour to resolve the matter amicably through good faith negotiations.

If the dispute cannot be resolved through negotiations, either party may refer the matter to mediation administered by a mutually agreed-upon mediator.

If mediation is unsuccessful, the dispute shall be referred to arbitration (by the President of the RIBA) in accordance with the rules of the RIBA and decision of the RIBA shall be final and binding on both parties.

Each party shall bear their own costs incurred in the dispute resolution process; uncles otherwise agreed in writing.

15. Professional Indemnity Insurance

Sacks Jones O’Neill Architects holds relevant Professional Indemnity (PI) insurance coverage in accordance with the ARB’s Standards of Conduct and Practice. A copy of the PI Certificate can be provided upon request.