The new 2020 edition of the RIBA Principal Designer Professional Services Contract has been fully updated to align with the revised RIBA Plan of Work and is for the appointment of a Principal Designer under the CDM Regulations 2015. It is suitable for commissions procured on any form of procurement for simple, non-complex, commercial projects of any value, in which the works will be carried out using standard forms of building contract, such as the RIBA Standard or Concise Building Contract, the JCT Minor Works Building Contract or the JCT Intermediate Building Contract.
The RIBA Principal Designer Professional Services Contract is not suitable for the appointment of a Principal Designer on non-commercial work undertaken for a consumer client, such as work done to a client’s home. Domestic projects are subject to the Consumer Rights Act 2015 and in such cases the RIBA recommends the use of the RIBA Domestic Professional Services Contract, which includes the provision for the Architect or Consultant to undertake Principal Designer duties as set out in the CDM Regulations 2015.
- Suitable for the appointment of a Principal Designer under the CDM Regulations 2015
- Suitable for commissions procured on any form of building contract and for simple, non-complex projects of any value
- Is not suitable for non-commercial work for a consumer client as domestic projects are subject to the Consumer Rights Act 2015
Easy to understand
The RIBA Principal Designer Professional Services Contract is written in plain English, which provides three key benefits:
- The language used in the contract is succinct and easy to understand, compared to other standard forms of contracts
- The terms of the contract are fair and equitable for both client and Principal Designer
- The clause structure used in the contract avoids the use of large numbers of sub-sub clauses and large amounts of cross-referencing between provisions
Key changes in the new 2020 edition
The new 2020 edition of the RIBA Principal Designer Professional Services Contract has been updated to align with the revised RIBA Plan of Work. We have also taken the opportunity, following feedback from users of the contracts and of construction lawyers, to review and revise some of the standard clauses so that they are clearer and easier to understand. In addition, we have also made the following changes:
- Included more detailed guidance on the signing and witnessing contracts
- Updated and provided more detailed guidance on the various forms of dispute resolution – mediation, adjudication, arbitration and litigation
- Included a field for the architect/consultant to state who their internal complaints contact is (in line with the requirements of the ARB and RIBA codes of conduct)
- Included additional requirements for the architect/consultant to set out their professional indemnity insurance cover for cladding and fire related issues and/or other material exclusions or restrictions, that might be relevant to the project
- Inserted a new clause in the ‘Fees’ section stating that if the client instructs for a reduction in the project brief, which in turn reduces the construction cost, the figure to which the percentage basic fee shall be applied, up to the date of instruction, shall be the estimate of the construction cost, or the lowest acceptable tender, at the time of the instruction
Copies required for each Party
It is legally advisable that both parties to the contract each have an original signed version. Therefore, you should purchase two copies of the contract, so that both the client and the architect/consultant has an original signed copy. Alternatively, prepare your contract online enabling you to issue final copies of the contract to each party at no extra cost.
Integration with other RIBA documents
The RIBA Principal Designer Professional Services Contract have been specifically written to align with the CDM Regulations 2015 and the RIBA Plan of Work.
Create your RIBA Professional Services Contract online – it is quick, simple and straightforward
Generating your professional services contract online allows you to create, alter, manage and view all of your contracts in one secure location before printing the final contract. For further details, go to: www.ribacontracts.com.