Terms & Conditions

Quotation Terms

Our fee is valid for three months from the date of this letter.

Invoicing & Payment

Coleman Anderson Architects Ltd will issue the applicable invoice at the relevant work stage, as outlined below and with reference to our ‘Fee Breakdown & Payment Schedule’.

• Stage 0 (Principal Designer) – Invoiced at Planning Approval.
• Stage 1 (Survey) – Invoiced following the ‘on-site survey’ and prior to the release of drawings.
• Stage 2 (Concept Design) – Invoiced following initial presentation meeting.
• Stage 3 (Spatial Coordination) – Invoiced following submission of Planning Application.
• Stage 4 (Technical Design) – Invoiced upon submission to Building Control.
• Stage 4A (Detailed Design & Tender Information) – Invoiced prior to tender release.
• Stage 4B (Tender) – Invoice upon release of tender documentation.
• Stage 5 (Construction) – Invoiced monthly during the construction phase.
• Stage 6 (Handover & Use) – Invoiced at the end of the retention period (3,6, or 12 months following practical completion, depending on the Building Contract).

Payment shall become due to Coleman Anderson Architects Ltd on the date of issue of our invoice. The final date for payment shall be 7 days from the issue of the relevant account. Any queries are to be made within these 7 days. Coleman Anderson Architects Ltd will submit the final account for fees and any other amounts due at the work stage indicated, with an underscored line, on the fee proposal or when the Architect reasonably considers our services have been completed. Failure to pay may result in the suspension of services without further notice.

Changes to the Project

The fees quoted in the Fee Proposal allow for up to two revisions during the Concept Design phase. Any additional revisions required will be subject to additional charges at an hourly rate. Please see the Hourly Rates section of our T&Cs. Should the client change the scope of the project drastically, we reserve the right to amend our Fee Proposal as necessary to reflect the additional work which might be needed.

Hourly Rates

Additional services can be provided at an hourly rate (Director £95/hour, Architect £75/hour, Technical Assistant £65/hour).

Planning Conditions

Planning permission may be granted subject to ‘Planning Conditions’. The National Planning Policy Framework (NPPF) defines a planning condition as, ‘A condition imposed on a grant of planning permission or a condition included in a Local Development Order or Neighbourhood Development Order. Our fee proposal does not have a provision to clear any conditions imposed by the relevant council. Coleman Anderson Architects cannot provide a quote for works required to clear planning conditions until the conditions are identified.

3D Visualisation

3D modelling and visualisation are not included within the agreed scope of work unless stated otherwise. Note: Coleman Anderson Architects can produce 3D models and visualisations upon request.

Disbursements

Any planning fees, building control fees, utility searches, building contracts etc., related to a project and paid for by Coleman Anderson Architects Ltd on behalf of a Client will be reclaimed from the Client by invoice. Where printing is required, first-issue hard copies are included. Additional prints are available and would be charged as per the list below, per sheet;

Paper Copies – A4 – £0.25 each / A3 – £0.50 / A2 – £0.95 / A1 – £1.70

Mileage – £0.60 per mile

Site Visits

Coleman Anderson Architects will require multiple site visits and Client meetings during the project. An allowance is made for two site visits per work stage between stages 0 and 4. Site visits in work stages 5 & 6 are included in the agreed fee. However, we reserve the right to charge additional fees for site visits over and above what is deemed reasonable or not within our original scope of work. Such other site visits will be charged at an hourly rate plus mileage.

OS location map

If required, Coleman Anderson Architects Ltd will provide an OS Map for the planning application at the cost of £29.99. By signing our appointment letter, you agree for this purchase to be made and issued as part of work stage 1.

VAT

In addition to the fees and expenses, the Client shall pay any VAT chargeable on Coleman Anderson Architects Ltd fees and expenses.

Utility Checks & Surveys

It is the Client’s responsibility, if required, to carry out the necessary utility checks, asbestos surveys, drainage surveys, structural surveys, etc. The Client is to inform Coleman Anderson Architects in writing if they require Coleman Anderson Architects to coordinate the surveys on their behalf. The Client will be responsible for the cost of any investigations, Coleman Anderson Architects’ hourly rate and any charges made to statutory authorities.

Principal Designer

It is the Clients responsibility to issue the Health & Safety Executive (HSE) with the F10 form and to check any Health & Safety plans which may involve a specialist to undertake on the Clients behalf.

Recognition and copyright

Coleman Anderson Architects assume the Client grants permission for our input into the project to be duly recognised and publicised. We retain the copyright of all our work and will have the right to include the project on our website publicity material and all social media platforms. We agree that the project address and the Client’s name will not be referred to without the Client’s consent.

Coleman Anderson Architects Ltd owns the copyright in the drawings and documents produced in performing the Services and generally asserts the Architect’s moral rights to be identified as the author of such work. The Client has a licence to copy and use them only for purposes related to the Project providing that all fees and/or other amounts due are paid. The company is not liable for any use of the drawings and documents other than for the purpose they were prepared for. Use of Coleman Anderson Architects Ltd design work by a 3rd party is strictly prohibited without the written consent of Coleman Anderson Architects Ltd.

Form of Appointment

We will perform these services in accordance with the RIBA Standard Form of Agreement.

This appointment is subject to the RIBA adjudication rules.

Duty of Care

We will use reasonable skill and care usually used by architects in carrying out these services for a project of similar scope and purpose.

Form of Building Contract

Our fee is based on a JCT Standard Building Contract or a RIBA Building Contract for all post-tender services, but this is open to review on a project-by-project basis.

Contractor Design Input

We shall, on occasion, specify that design input is required from contractors and sub-contractors for particular proprietary elements, components and construction systems.

Construction Stage

During the project’s construction stage, we shall visit the site regularly but shall not be responsible for the work or services of others. Should frequent attendance become necessary for any reason, we will discuss additional fees to cover charges incurred by Coleman Anderson Architects Ltd. This will be agreed with the Client before making any other visits.

Referral Agreement

As per clause 1.4 of the ARB Architects Code (Standards of Professional Conduct and Practice), Coleman Anderson Architects may receive a nominal referral fee in the event of a direct agreement between a 3rd party and the Client.

Change Control

If appointed to carry out the Contract Administrator (CA) role, we shall introduce a transparent change control procedure to manage cost and programme once the brief, design response and cost plan have been established.

E-Document Transfer

To minimise the time and paper waste, all parties will exchange information by e-mail in e-file pdf format or on CD ROM.

Regulation

The statutory Authorities that regulate Architects require us to state the following:

PI Insurance – we carry Professional Indemnity Insurance up to £2,000,000 on an each and every claim basis. Insurance cover above this level can be arranged subject to discussion. Complaints – should any arise, these must be directed in the first instance to Stuart Coleman at Coleman Anderson Architects Ltd.

Insurance

It is the Client’s responsibility to inform their home insurance, and any other relevant insurer or an insurance policy, of building works taking place on their property at the appropriate time. Failure to do so could invalidate your home insurance. It is the Client’s responsibility to ensure that the chosen consultants and building contractor carry the correct insurance.

Exclusions

Our professional indemnity insurance is subject to exclusions and limitations, particularly concerning certain materials, pollution and contamination. We can provide further details on request.

Limitation

Our liability for breach of this appointment or negligence (save in respect of death or personal injury) for any one event shall be limited to the amount of our professional indemnity insurance. We do not warrant that the services will be completed according to the timetable or the budget or that planning permission and other approvals will be granted. We do not warrant the performance, work or products of others.

Suspension of Services

The Client may suspend the performance of any or all of the services and/or other obligations by giving not less than 7 days’ notice to Coleman Anderson Architects Ltd (specifying the Services affected).

Coleman Anderson Architects Ltd may suspend the performance of the Services and/or other obligations by giving the Client no less than 7 days’ notice of the intention and stating the reasons for doing so in the event.

Termination of Services

The Client or Coleman Anderson Architects Ltd may, by giving reasonable notice to the other, terminate the performance of the services and /or other obligations, stating the reason for doing so and the Services and obligations affected. On termination of performance of the Services and/or other obligations, a copy of the material not previously provided to the Client shall be delivered on demand to the Client by Coleman Anderson Architects Ltd, subject to the terms and licence and payment of any outstanding fees, and other amounts due plus Coleman Anderson Architects Ltd reasonable copying charges.

Payment on Suspension or Termination

If Coleman Anderson Architects Ltd or the Client gives notice suspending the performance of any or all of the Services or terminating the performance of the Services and/or other obligations, Coleman Anderson Architects Ltd shall issue an account or accounts on the expiry date of the notice and shall be entitled to:

1. Payment and any part of the fee and other amounts properly due on the expiry of the notice; and:
2. Reimbursement of any loss and/or expense properly and necessarily incurred by Coleman Anderson Architects Ltd because of the suspension or the termination save where the Client gives notice of suspension or termination because of the material or persistent breach of the Agreement by Coleman Anderson Architects Ltd
3. If the reason for the suspension is remedied, Coleman Anderson Architects Ltd shall be entitled to reasonable costs of resumption of performance of the Services and other obligations

Recovery of Costs

The Client or Coleman Anderson Architects Ltd shall pay the other party who successfully pursues, resists or defends any claim or part of a claim brought by the other:

1. Such costs reasonably incurred and duly mitigated (including costs of time spent by principals, advisors and employees) where the matter is resolved by negotiation or mediation: or
2. Such costs as may be determined by any tribunal to which the matter is referred.

Dispute Resolution

The Client and Coleman Anderson Architects Ltd may attempt to settle any dispute or difference arising under the Agreement by negotiation or mediation, if suitable, or either party may refer the matter to adjudication, arbitration or legal proceedings by a person appointed by the president or vice-president of the RIBA.

Consumers’ Right to Cancel

Where the Fee Schedule is prepared and issued by post or e-mail, it is considered that the Client has had sufficient time to consider the proposal if it is then signed and returned to Coleman Anderson Architects Ltd. In this circumstance, Coleman Anderson Architects Ltd will not have to give cancellation rights.

If an “Off-premises Contract” is agreed upon, and the work started with immediate effect, cancellation rights under the Consumer Contracts Regulations 2013 apply – see below. An “off-premises Contract” is a contract between Coleman Anderson Architects Ltd and the Client agreed in a place that is not Coleman Anderson Architects Ltd’s place of business (off-premises), i.e. in the Client’s home.

The consumer Client has the right to cancel this Agreement for any reason by delivering or sending (including by e-mail) a cancellation notice to Coleman Anderson Architects Ltd at any time within the period of 7 days starting from the date when this Agreement was made. The notice of cancellation is deemed to be served 2 days after it is sent to Coleman Anderson Architects Ltd, or in the case of e-mail communication on the day it is sent to Coleman Anderson Architects Ltd. If Coleman Anderson Architects Ltd was instructed to perform any services before the Agreement was made or before the end of the 7 days and the instruction/s were confirmed in writing, Coleman Anderson Architects Ltd shall be entitled to any fees and expenses properly due Coleman Anderson Architects Ltd receives the notice of cancellation.