DOMESTIC FEES. October 2015

Transcription

1 DOMESTIC FEES October 2015

2 CONTENTS 1.0 INTRODUCTION Thank you Appointing an Architect Our Mission Our Portfolio The Architect / Client Relationship SIX AD About Us Chartered Practice ANATOMY OF A PROJECT Plan of Work BIM (Building Information Modelling) ARCHITECTURAL SERVICES Domestic Services Contracts Benefits Accelerated Service Architectural Services Matrix Continuity of Services / Hold ARCHITECTURAL FEES Basis of Fee Calculations Time Charges Percentage Fees Fee Scales Worked Examples Minimum Fees Payment Plan Fee Variations Additional Services / Exclusions TERMS & CONDITIONS Service Copyright Payment Liability and Insurance Disputes

3 1.0 INTRODUCTION 1.1 Thank you Thanks for considering appointing SIX AD to undertake architectural services for your project. This is a brief introduction to the practice, the services we offer and the fees that we charge. The content of this document is intended for your guidance at this early stage, as every project potentially offers a unique set of challenges. Our hope is that through reading this guide, you will be able to make an informed decision about whether you would like to commission SIX AD to work with you on your project. 1.2 Appointing an Architect Many new clients are unsure as to the roles and responsibilities that an Architect undertakes on their behalf. SIX AD offers the skills, services and expertise that are needed to recognise the specific challenges that will be faced throughout the course of the project; we also aim to offer ideas and opportunities that you might not have considered without our involvement We recommend that you review the following Royal Institute of British Architects (RIBA) guide, entitled Working with an Architect for your home. The guide offers insight in to the following subjects:- What an architect can bring to your project What an architect can do for you How to find the right architect Setting the design brief The Client / architect contract Legislation Fees & expenses RIBA Working With An Architect For Your Home 3

4 1.3 Our Mission Our goal is to provide all of our clients with the following benefits:- A comprehensive range of Architecture + Design services, based around state of the art technology, with a bespoke response to individual project needs. Continuity of design team, including the individual attention of the same SIX AD director, from inception of a project to its completion. Added value through the range and integration of our services, while offering good value for money and exceeding the expectations of our clients. 1.4 Our Portfolio If you have not done so already, we recommend that you review our portfolio of projects, which includes examples of a variety of architectural styles and a range of scales. You ll find our portfolio at the following website address:- SIX AD Projects 1.5 The Architect / Client Relationship The importance of trust in the architect / client relationship cannot be overemphasised. There are inevitably moments in the duration of many projects where concerns are raised; this can be due to unsolicited input from third parties, worries relating to the budget or perhaps unforeseen site conditions that lead to delays this is when strength in the architect / client relationship is of paramount importance, because the client needs to be able to trust the architect to offer sound advice During the pre-appointment stage of every project, we hold an Initial Client Meeting; we use this as an opportunity to review the client s initial brief and to consider the practicalities of the project; it s also an opportunity for the client to decide whether they like the architect s ideas, whether they think that they will work well with the architect and whether they believe that he / she is worthy of their trust Equally, we use the initial client meeting to determine whether we think that SIX AD would be a good fit in terms of providing services for your project and more importantly, whether we think that we will be able to work well with you. The risks for a client on a domestic project feel very personal, because the nature of dealing with our homes is in itself a personal issue. As a practice, we re very aware of the financial investment required from our clients and in return, we re keen to work with clients who recognise the added value that we re able to bring to a project; this bi-directional trust and respect gives us the best foundation to work towards the completed project. 4

5 2.0 SIX AD 2.1 About Us SIX AD was founded by Kris Barry, who is the sole Director of the practice. Kris career in architecture began in 1995 with one year of work experience with a large architectural consultancy in Middlesbrough. Following the completion of his degree, diploma and professional qualifications in architecture, Kris registered with the Architects Registration Board and Royal Institute of British Architects in November / December As of 2015, Kris has spent over seventeen years working in architectural practice, with an additional three years of full-time university experience between 1996 and Kris CV can be reviewed in the About Us section of the SIX AD web-site. SIX AD Kris Kris professional memberships and registration details are as follows:- Chartered Architect registered as a Chartered Member of the Royal Institute of British Architects Membership No Registered with the Architects Registration Board Registered No H SIX AD is regulated by the Architects Registration Board (ARB) and the Royal Institute of British Architects (RIBA). The ARB Code of Conduct and the RIBA Code of Professional Conduct can be reviewed at the following links:- ARB - Code Of Conduct RIBA - Code Of Professional Conduct 2.2 Chartered Practice In July 2013, was registered as a Chartered Practice with the Royal Institute of British Architects (RIBA). 5

6 3.0 ANATOMY OF A PROJECT 3.1 Plan of Work The scope of service offered by SIX AD is defined by the RIBA Plan of Work 2013; more details can be found at the following link:- RIBA - Plan Of Work SIX AD offers four standard levels of service to domestic clients; these services are described in detail in Section 4. Our standard services are comprised of combinations of the work stages as listed in section All eight work stages together cover the full scope of the RIBA Plan of Work The eight work stages of the RIBA Plan of Work 2013, are as follows :- Stage 0 : Strategic Definition Stage 1 : Preparation and Brief Stage 2 : Concept Design Stage 3 : Developed Design Stage 4 : Technical Design Stage 5 : Construction Stage 6 : Handover Stage 7 : In use The intention of the RIBA Plan of Work 2013 is to provide a consistent framework, taking the client and architect from an initial discussion (Work Stage 0), through a methodology ending in a completed project, with certificates of completion issued, followed by a review relating to whether the finished project meets the expectations of the brief (Work Stage 7). 6

7 3.2 BIM (Building Information Modelling) One of the most exciting advances in architecture in recent years, is the growing capability of our design software. From the mid 1990s, Computer Aided Design (CAD) grew in prevalence throughout the design sectors. In recent years, Building Information Modelling has moved to the forefront as the design tool of choice for architects around the world, allowing construction professionals to realise projects from small scale, to large and complex groups of buildings Since the inception of our practice, SIX AD has utilised the toolset offered by Autodesk Revit to deliver our projects. As a design led practice, it s important that the software that we use provides a degree of freedom. Through Revit, we re able to prototype every building solution that we devise, using the same model to develop technical drawings or for rendering images of key aspects of the design. By working in this way, SIX AD is able to incorporate design changes quickly, accurately and efficiently. 7

8 4.0 ARCHITECTURAL SERVICES 4.1 Domestic Services Appraisal : Many of our clients initially contact us seeking confirmation that their outline brief is physically and financially achievable. We undertake an initial Appraisal on every project; Work Stage 0.1 is a no-obligation consultation that we have with all of our prospective clients at the start of the project. At the initial meeting we gather information required to produce an Appraisal / Fee Proposal, which reports on the brief, budget construction costs and architectural fees. The production of the Appraisal (Work Stage 0.2) takes around three to four hours, as such we charge a minimum fee of VAT to cover our costs (see paragraph 5.3.1). Please note that this fee is chargeable even if you decide not to proceed with the project Feasibility : We re also asked by a number of clients as to whether we can offer preliminary layouts prior to being appointed to undertake more detailed design. We offer a Feasibility service, whereby we will survey your property, produce initial floor layouts and obtain initial construction costs Architectural Design Service : This term is used to describe the works associated with undertaking detailed design on a project, to produce detailed information suitable for submission for Building Regulations approval. The output of the Architectural Design Service is sufficiently detailed for you to invite a builder to quote for the associated works; however, please note that this service does not allow for production of a project specification, tendering to builders, or inspecting works on site by SIX AD Full Architectural Service : This level of service includes all work stages identified in the RIBA Plan of Work As implied by the title, this level of service covers initial consultation, design and tendering with your chosen builder/s. If appointed to undertake the Full Architectural Service, SIX AD will act as Lead Consultant throughout the project and Contract Administrator during the construction phase, inspecting the work on site and ensuring that the terms of the building contract are complied with For more information on the above services, please refer to the Architectural Services Matrix in Section 4.5. Some exclusions apply see Section 5.9 for further details. 4.2 Contracts There are two types of contract that will be required for your project. The first is the appointment document that sets out the terms of employment between SIX AD and you as the Client. For more complex projects, SIX AD prefers to use standard appointment documents, such as the Conditions of Appointment for an Architect for a Domestic Project This agreement is published by the Royal Institute of British Architects and has been thoroughly tested to provide an unbiased basis on which to provide architectural services. 8

9 4.2.2 The second type of contract is the building contract. This is an agreement between the Client and the builder and sets out the responsibilities of each party. If appointed under the terms of the Full Architectural Service, SIX AD can advise on the selection of an appropriate building contract and ensure that the contract is executed properly. 4.3 Benefits In addition to the standard services of appointing an architect for a project, our clients can expect the following benefits as standard from SIX AD:- We recognise that each client and each brief are different. As such, we believe that every project warrants special consideration, even if a given project is similar to one that we ve undertaken previously. We seek to devise the best solution for the unique brief that we are presented with on each and every project. Fully integrated 3D building models in place of the traditional series of 2D drawings; the main advantage of this is that one co-ordinated model is used to generate the entire series of drawings and schedules required by a main contractor and other consultants. SIX AD is committed to the development and implementation of a Green Policy for use internally and on our projects we aim to exceed legislative requirements for energy conservation, reduction of carbon emissions and sourcing / recycling products in an environmentally responsible way. 4.4 Accelerated Service A significant proportion of the work that we undertake on behalf of a client, is during the Preparation stage, i.e. Stage 1. During this stage of work, we would ordinarily undertake a photographic survey, as well as a measured building survey and a level survey; we then use the information to produce a 3D building model of the respective property We have received feedback from previous clients, indicating that a payment plan consisting of regular and equally split fee payments would be easier to understand and follow than the traditional method of payment according to completed work stages. Having adopted a payment model of evenly distributed payments, we need to apportion the work undertaken during the Preparation stage, to ensure that the services and the respective fees remain closely aligned For many stages of a project, the timeline is dictated by the processes adopted by third parties. We are able to take a much higher degree of control over the timeframes involved at the beginning of most projects, as fewer parties are involved. In order to make the most of this initial freedom, SIX AD has introduced an Accelerated Service, whereby the first stages of the project programme are condensed from around three months, to one month. The respective fees are also condensed to ensure that the services and the fees remain in alignment, but subsequent fees can be evenly split throughout the remainder of the project duration. Please let us know if you would like to take advantage of the Accelerated Service, as the ability to accommodate this is dependant on our overall workload. 9

10 4.5 Architectural Services Matrix Stage 0 : Definition Appraisal Feasibility Architectural Design Service Full Architectural Service 0.1 Visit the property and carry out an initial appraisal 0.2 Record the Client s requirements in a formal brief Stage 1 : Preparation 1.1 Arrange surveys of site and / or buildings as required 1.2 Produce drawings of site and / or buildings as required 1.3 Advise on the need for services by consultants or specialists 1.4 Arrange investigations of soil or structural conditions Stage 2 : Concept Design 2.1 Produce a preliminary design and discuss with the client 2.1 Identify alternative solutions for the project 2.3 Obtain an approximate estimate of costs Stage 3 : Developed Design 3.1 Develop the preferred concept design to an agreed solution 3.2 Submit the agreed solution to client, for approval 3.3 Obtain a more accurate estimate of costs 3.4 Make an application for detailed planning permission Stage 4 : Technical Design 4.1 Co-ordinate and integrate any designs provided by others 4.2 Produce drawings / other information required for construction 4.3 Make an application for Building Regulations approval 4.4 Submit party wall notice/s if required = included in stated services 10

11 Appraisal Feasibility Architectural Design Service Full Architectural Service Stage 4 : Technical Design (continued) 4.5 Produce a specification and / or schedule of works 4.6 Advise on an appropriate form of building contract 4.7 Produce documents required for tendering purposes 4.8 Advise on builders to be invited to tender for the work 4.9 Invite, appraise and report on tenders Stage 5 : Construction 5.1 Advise on the appointment of a builder 5.2 Produce the building contract and arrange for it to be signed 5.3 Provide the builder with the information required for construction 5.4 Visit the site to see that the work is proceeding generally in accordance with the building contract 5.5 Certify payments for work carried out and / or completed Stage 6 : Handover 6.1 Make final inspections and arrange for correction of any defects 6.2 Issue the Practical Completion Certificate 6.3 If applicable, provide or obtain record drawings showing the building and its services 6.4 Give general advice in maintenance as appropriate 6.5 Agree the final account Stage 7 : In Use 7.1 Discuss any issues arisen in use 7.2 Issue a Final Certificate = included in stated services 11

12 4.6 Continuity of Services / Hold In order to effectively manage our resources, at the start of a project we assume that our clients require the respective Work Stages to be undertaken consecutively and without interruption. We do however recognise that there are many reasons why our clients may want to pause the project between specific work stages In such an instance we can agree to put the project on Hold, effective from the date of the next scheduled invoice. This means that we would temporarily suspend all services on your project for a prescribed period of between one month and three months. A suspension of services of a period greater than three months may have a detrimental impact on our ability to manage resources, so it is possible that we may have to terminate our appointment we would always discuss this with you first and attempt to avoid terminating our appointment In an instance where we require you to provide us with information or feedback in order to progress your project, we will need you to do so within a timely fashion; if you have not responded within a period of a week from the date of requesting your input, we may have to notify you that we are placing the project on Hold, so that we can reallocate our resources as above, we would always seek to discuss this with you first in order to avoid this outcome Where a pre-agreed Hold period is in effect, The Hold status can be discontinued early by giving us notice in writing at least two weeks prior to the proposed re-start date, or potentially earlier by mutual consent Please note that any services that we are required to undertake on your behalf during a Hold period, will be charged in addition to the fees agreed in the respective Architectural Services Matrix; any supplemental charges would be at the appropriate hourly rates as described in Section

13 5.0 ARCHITECTURAL FEES 5.1 Basis of Fee Calculations In order to determine appropriate fee proposals for a domestic project, SIX AD uses one of three methods as described below:- Lump Sums A combination of the following two methods is likely to be used to generate a lump sum figure. By estimating the scope of works, the time required for each team member is multiplied by their hourly or weekly rate. The fee for each team member is compiled to generate the applicable fee. Time Charges For work in initial stages, or work beyond the scope of the initial brief, time charges can be applied to a maximum figure agreed with the client. Percentage fees Using a fee scale, the estimated value of the works is multiplied by the appropriate percentage to generate the applicable fee for architectural services SIX AD produces designs as part of a 3D workflow, as noted in Section 3.2. In order to obtain the full benefits of working in 3D, a significant investment of resources is required at the beginning of a project in order to develop the building model, using our state of the art Computer Aided Design (CAD) and Building Information Modelling (BIM) software. This methodology provides greater freedom and benefits for our clients at all stages in their respective projects. SIX AD operates a fee schedule that reflects the balance of work through the project - the apportionment of fees is shown in Section Time Charges Charge-out rates for the SIX AD team are as follows:- ROLE HOURLY RATE Consultancy 95 Design / Technical Development 65 Drafting 35 13

14 5.3 Percentage Fees The Domestic Fee Schedule (see Sections 5.4 & 5.5) is apportioned according to the Work Stages of the RIBA Plan of Work 2013 (see Section 3.1). Approximate distributions of the fees are as follows:- Definition SIX AD - Fee Schedule Cummulative Fee Stage 0 : 2.5% (2.5%) Stage 1 : Preparation 17.5% (20.0%) Stage 2 : Concept Design 12.5% (32.5%) Stage 3 : Developed Design 12.5% (45.0%) Stage 4 : Technical Design (parts a + b ) 12.5% % (70.0%) Stage 5 : Construction 25.0% (95.0%) Stage 6 : Handover 2.5% (97.5%) Stage 7 : In Use 2.5% (100%) An abortive fee of VAT is payable by the client, if SIX AD are instructed to produce a formal Appraisal / Fee Proposal and no further services are required. This fee is absorbed in to Stage 0 if the client goes on to appoint SIX AD Project Account Statements : these documents are records of the fees agreed, hours allocated and actual time spent on a project. An updated statement usually accompanies an invoice. See Section Please note that where we have to undertake repeat work, abortive fees will be payable. For example, this may come in to effect where we have acted on instructions given by a client, who later rescinds or alters the previous instructions. Another example may be where we have prepared information for tender purposes and the tender process has to be repeated as the builders fail to respond completely or in part, or the client requests that we negotiate directly with a builder outside of the tender process The stated fees allow for one meeting per work stage, except for Stage 5, where one meeting per fortnight should be deemed to be included in the architectural fees, unless otherwise stated. Travel expenses may also be payable depending on the location of the project. This would be confirmed in your Fee Proposal. 14

15 5.4 Fee Scales We use the following scales to determine fees for domestic projects with estimated values of between 75,000 and 1,000,000. The fee scales represent the full architectural service and are adjusted on a pro-rata basis for other types of appointment. 5.5 Worked Examples In these examples, if we select an approximate construction value of 90,000 and assume that the project requires traditional materials and therefore normal complexity and construction detailing, then we would refer to the Blue line on the Fee Scales graph Full Architectural Service. If we locate an approximate 90,000 construction value on the horizontal axis and follow it vertically to the Blue line, then across to the vertical axis, we see the relevant architectural fee is 8%. We can then take the 90,000 estimate and multiply the figure by 0.08 (the architectural fee), to produce a figure of 7, for the Full Architectural Service. This figure can be subdivided as per section

16 Stages % = 7,200 x 0.20 = 1, Stage % = 7,200 x = Stage % = 7,200 x = Stage 4 25% = 7,200 x 0.25 = 1, Stages % = 7,200 x 0.30 = 2, (100%) 7, Architectural Design Service. Following the same procedure as paragraph 5.5.2, we come to a figure of 7, for the Full Architectural Service. The Architectural Services Matrix in Section 4.5 shows us that the Architectural Design Service covers Work Stages 0 to Work Stage 4a. The Percentage Fees in Section 5.3 show us that the cumulative fee for Work Stages 0 4a would be 57.5%. We can therefore take the figure of 7, for the Full Architectural Service and multiply it by 0.575, to give us a figure of 4, for the Architectural Design Service. 5.6 Minimum Fees Over the years since the formation of SIX AD, we have had the pleasure of working on a number of small projects with appropriately lower project constructions values. As we ve introduced time management protocols to the practice, it s become clear that smaller projects are not necessarily any less complex and this is reflected in the commitment of time / resources required. To maintain appropriate standards, we have to ensure appropriate fee structures - we therefore operate a minimum fee policy The minimum fee policy allows us to provide the Full Architectural Service, or any individual / series of work stages within the overall service structure, while maintaining appropriate fee levels. The lowest fee charged for any project is based on a minimum construction value of 75,000; the appropriate fee scale is then used to determine the architectural fees. Please see Section 5.5 for worked examples of how percentage fees are calculated. 5.7 Payment Plan We appreciate that for many new clients, the amount of information to absorb at key stages in a project can be quite overwhelming. After talking to a number of our previous clients, one thing that stood out is that we should do everything we can to ensure that there are no surprises in terms of architectural fees. With that in mind, SIX AD has moved from a payment model that is linked directly to Work Stages (of unequal scale and duration) to a monthly payment model, where the services and associated fees for each project will be evenly distributed over an agreed timeframe, with an invoice raised each month for an agreed sum, in addition to any pre-agreed project expenses incurred within that period. 16

17 5.8 Fee Variations One of the key questions that clients ask of us, is how much will my project cost?. We recognise that the answer to this question is often the basis for a clients decision to proceed with design services and on to the construction phase of works. We take this matter seriously and SIX AD has invested resources in to developing tools, that allow us to develop suitable budget estimates for small projects On most projects, we use the estimate of construction cost as the basis for calculating our fees, being mindful that the initial figure is estimated with limited design information available and with only an outline of the level of specification required. As we move through the design stages of a project, the process can generate alternative ideas for consideration and this can in turn lead to an increase in the scale or scope of a project When the client confirms to us that they would like to pursue alternative proposals, we have a duty to our client to review whether there are adequate resources in place to ensure that the same level of service can be provided; this means that we will consider the human resources available, but also the adequacy of the architectural fees for the project. We will discuss any proposed variations to the fees with you where necessary. Where variations are required, the calculations will be undertaken on the same basis as per the agreed fees. If there is a reason to use an alternative method, this would be explained to you. 5.9 Additional Services / Exclusions In our commitment to transparency, we try to be as detailed as possible in terms of what is and is not included in the scope of service for each specific project. It is not possible to cover the eventualities of every project in a single coverall document, but as highlighted in Section 1.5, we are also somewhat reliant on the strength of the architect / client relationship in terms of being able to advise our clients when elements of work that become necessary are abnormal and are therefore not covered by the Architectural Services Matrix, as per Section 4.5. The following information is intended to act as a guide as to what should be considered additional to and excluded from our standard services. Elements of work or costs that are not included within the standard scope of service offered by SIX AD, will incur additional fees or expenses as described. If you have any questions as to specific eventualities that you think may be applicable but have not been covered, please ask for clarification we will be very happy to work through your questions with you Additional Meetings : In general, we allow for one client meeting per work stage. Where we have been appointed to provide the Full Architectural Service, in line with the terms of most standard building contracts (please see Section 4.2) we would hold a site meeting every four weeks; we will also make a shorter site visit between each scheduled site meeting, to monitor progress and to liaise with your chosen builder. Additional meetings will be charged at the rate recorded in the applicable Appraisal / Fee Proposal document, as this will take in to account factors such as travel expenses as well as the charge-out rate of the applicable SIX AD team member. Out of hours meetings are charged as per paragraph

18 5.9.3 Out of Hours Services : Normal working hours are 9am to 5:30pm, Monday to Friday. Arrangements can be made to meet with clients / third parties outside of normal working hours, i.e. evenings and weekends. A surcharge is payable, which will be calculated at the team member s hourly rate multiplied by the overall travel time, plus the team member s hourly rate multiplied by the duration of the meeting in hours (incl. part hours); this figure is then halved to generate the surcharge. Partial hours will be rounded up to the nearest hour. We value our team and their expertise and this supplemental charge is used to cover the overtime payments of our team members as they work out of hours. e.g. Staff rate = 65 Travel time = 30mins Meeting duration = 1hr 50mins Travel to = 65 x 0.5hr Meeting = 65 x 2hrs Travel from = 65 x 0.5hr Surcharge = = 195 / 2 = VAT Searches / Surveys : Unless otherwise agreed, the surveys conducted by SIX AD will be limited to measured, level, photographic or visual surveys within the property immediately affected by the proposed project only. Land Registry searches, legal fees, desktop environmental studies, structural surveys, condition surveys, asbestos surveys, topographical surveys, geological surveys and drainage surveys are beyond the scope of service that SIX AD offers on domestic projects. If it becomes apparent that the services of a third party consultant are likely to be required, SIX AD will make recommendations as to a suitably qualified person Third Party Appointments : Fees applicable for services provided by third party consultants, such as Structural Engineers, Civil Engineers, Mechanical & Electrical Engineers, Quantity Surveyors, Building Surveyors and Party Wall Surveyors, are excluded from the architectural fees. Third party consultants are usually appointed directly by the Client, in addition to the architectural services. Each consultant / sub-consultant will require a form of appointment, similar to that as described in Section SIX AD will advise on the project specific considerations in relation to appointing third parties Statutory Fees : A planning application, Building Regulations application and / or Conservation Area / Listed Building Consent may be required for your project. SIX AD will determine which of these approval processes apply and advise on the relevant charges if applicable. The scale of charges for each approval is set by the Local Authority and as such SIX AD does not include for these costs within the architectural fee proposals. Please note that obtaining a statutory approval can t be guaranteed by SIX AD and prolonged negotiations with the Local Authority may incur additional fees; SIX AD will advise of the additional costs before proceeding Mapping Data : An Ordnance Survey based digital site plan will normally be required, especially where documents are to be submitted to a statutory authority. SIX AD will obtain this information and add the cost of the data to the Client account Legal Stationery : The costs of obtaining appointment documents and contracts that are a direct project requirement, are chargeable to the Client account as an extra item. 18

19 5.9.9 Reprographics : In order to minimise the environmental footprint of our practice, SIX AD prefers to issue drawings electronically. Hard-copies of drawings / documents will only be printed as necessary or as requested. Hard-copies of drawings / documents are printed at cost plus a 25 administration fee Expenses : Reasonable expenses incurred as a direct requirement of the project will be charged to the Client account. Additional expenses will be agreed prior to completion of the Client / Architect agreement where applicable. If unforeseen expenses arise, SIX AD will advise the Client of the additional costs before proceeding, unless in an emergency situation, when we may have a duty to act immediately Value Added Tax : VAT is payable on fees quoted by SIX AD, at the applicable rates. All figures stated in our fee proposals should be regarded as excluding VAT unless otherwise stated Other Exclusions : Fees relating to the services listed below are also excluded unless specifically listed in the project Fee Proposal. If any of these services become necessary and have not been expressly included, SIX AD may propose to perform the duties for additional fees, or advise on suitable third parties to undertake the work :- Negotiations in connection with Party Wall Notices. This is in addition to the production and issue of the Party Wall Notice/s. If required, this will be charged on an hourly rate basis, at the Consultancy rate specified in Section 5.2. Negotiations with builders (as well as / in lieu of tendering). This will be charged at the Technical Development rate specified in Section 5.2. Services relating to disputes between the Client and another party. This will be charged on an hourly rate basis, at the Consultancy rate specified in Section 5.2. Services following damage by fire, flood or other causes. An initial plan for recovery of the project would be produced at the Consultancy rate specified in Section 5.2; all other works would be executed at the rates proposed in the recovery plan. Services in connection with government and other grants. An initial strategy would be produced at the Consultancy rate specified in Section 5.2; all other works would be executed at the rates proposed in the strategy. Schedules, drawings or reports not previously mentioned. This will be charged at the applicable rate specified in Section 5.2. Submissions or negotiations with landlords, freeholders. This will be charged on an hourly rate basis, at the Consultancy rate specified in Section 5.2. Other consultancy services. Where SIX AD is required to produce letters / reports in support of the client / their project, this will be charged at the Consultancy rate specified in Section

20 6.0 TERMS & CONDITIONS 6.1 Service During the course of the project, you can expect the following from SIX AD:- We will advise and assist you in your duties to comply with statutory legislation. We will always act with reasonable skill and care. We will advise you on issues relating to time / cost / quality. We will not make any material change to our service or agreed design without your consent (except as necessary in an emergency, as defined under contract or by law). We will not sub-contract any of our services without your consent. 6.2 Copyright Please note that SIX AD retains the copyright to all designs, drawings and documents that are produced during the course of your project. SIX AD retains the right to be identified as author of the work under the Copyright, Designs and Patents Act Subject to appointment, SIX AD grants you a license to use and reproduce drawings and documents for purposes relating to your project only Your right to use and reproduce the drawings and documents that are produced by SIX AD during the course of your project does not extend to any future purchaser, leaseholder or tenant of your property without the prior written consent of SIX AD. 6.3 Payment Invoices for payment will be issued monthly in accordance with the agreed payment plan. Payment due dates are indicated on our invoices; the usual period for payment is seven days from the issue date of the invoice. Additional Service items may also be included on the invoices (see Section 5.9). In accordance with Section 5.3.2, a Project Account Statement may accompany invoices If payment of an invoice has not been received on the due date, we will send out a reminder; we will also add an administrative charge of 35 +VAT to the next invoice, if we have had to issue a reminder. Interest at 7.5% above the Bank of England base rate will be chargeable on late payments, as well as reasonable debt recovery costs. When a default 20

21 occurs on payment, we reserve the right to suspend performance of services and the use of the copyright license by giving at least seven days written notice Please note that debt recovery is treated as a last resort. We will make every effort to assist our clients when they take all reasonable steps to honour their agreement with us. If you do encounter unexpected financial difficulty, then please let us know as soon as possible and we can discuss the best way to proceed. 6.4 Liability and Insurance Our liability to you will expire after six years from completion of the services, or if earlier, after practical completion of the construction of the project or such earlier date as prescribed by law Unless otherwise agreed in writing, our total liability will be limited to 500,000 in respect of each and every claim or series of claims arising out of the same originating cause Until the expiry of the liability period as stated in paragraph 6.4.1, we shall maintain professional indemnity insurance cover to the amounts stated in paragraph Documentary evidence of our insurance cover will be made available on request. 6.5 Disputes It is our aim to exceed the expectations of our clients, however if at any time you are not satisfied with our quality of service, please bring your concern to our attention as soon as possible and we can discuss how to resolve the issue As stated in paragraph 2.1.2, we are regulated by the Architects Registration Board (ARB). If we are unable to resolve your concern directly and you feel that we have not taken your concern seriously, then it is your right to make a complaint to ARB, who will investigate the issue according to the prescriptions of the ARB Code of Conduct. Complaints made against architects are considered under the headings of unacceptable professional conduct, or serious professional incompetence. 21

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