The RIBA Sub-consultant Professional Services Contract is suitable for when an Architect or Consultant wishes, or perhaps is required, by the client to appoint a sub-consultant to carry out part of the Architect or Consultant’s services, and where the contract terms are compatible with the Head Agreement between the client and the Architect or Consultant.
The RIBA Sub-consultant Professional Services Contract is suitable for both commercial work and non-commercial work directly undertaken for a consumer client, such as work undertaken on a client’s home. The Contract is not suitable for use where the client appoints sub-consultants or specialists directly, or for the appointment of a Principal Designer as a sub-consultant under the CDM Regulations 2015. The RIBA recommends that an RIBA Principal Designer Professional Services Contract 2018 is used.
- is suitable for when an Architect/Consultant wishes, or is required by the client, to appoint a Sub-consultant to carry out part of the Architect/Consultant’s services, where the contract terms are compatible with the Head Agreement between the Architect/Consultant and the client
- is suitable where one Architect/Consultant is to be sub-contracted to another Architect/Consultant
- is not suitable for use where the client appoints Sub-consultants or Specialists directly or for the appointment of a Principal Designer as a Sub-consultant
- is suitable where the Head Agreement is either for commercial or non-commercial work
Easy to understand
The RIBA Sub-consultant 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 the Architect/Consultant and the Sub-consultant
- 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 2018 edition of the RIBA suite of Professional Services Contracts
- Novation – the RIBA Standard Professional Services Contract includes a novation clause and the option for the architect/consultant to ‘walk away’ from the project, if a Design & Build procurement route is subsequently chosen
- CDM Regulations 2015 – the Contracts have been fully updated to comply with the CDM Regulations 2015 and greater guidance is given on the Regulations with more clarity around the role of Principal Designer
- Fees and charges – the ‘Fees’ section has been simplified by removing the boxes that aligned fees to stages of the Plan of Work. This is now a ‘free-hand’ text box so that users can simply set out their fees as they wish/require
- Fee payments – the payment frequency options have been expanded as well as having the additional option of using a draw-down schedule. The payment provision in the RIBA Standard and Concise Professional Services Contracts already comply with the Housing Grants, Construction and Regeneration Act 1996 and, although the Act does not apply to residential/domestic projects, similar efficient provisions have now been included in the RIBA Domestic Professional Services Contract for ease of use
- Insurance – the Contract Details have been revised so that they clearly set out the main insurance policies that should be in place
- Dispute resolution – the guidance on dispute resolution has been expanded but also simplified
- Architect’s liability – this has been amended, so that liability is now limited to the project in question
- Net contribution – this has been re-introduced into the RIBA Domestic Professional Services Contract due to developments in case law, namely the case of West & West v Ian Finlay & Associates, in which the Technology and Construction Court confirmed in its judgment that a net contribution clause does not offend the Consumer Protection Regulations as being ‘unfair’
- Schedule of Services – these have been redrafted to suit the specific form of contract and align with the stages set out in the RIBA Plan of Work 2013. However, it is envisaged that Stages 0 and 7 would require separate forms of appointment as these stages would either pre-date the signing of the Contract, or may inadvertently extend liability beyond the normal terms of the Contract.
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 Sub-consultant Professional Services Contract have been specifically written to align with the RIBA Plan of Work 2013.
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.