The following blog post was submitted on 19th May 2014 by a registered architect concerning recent draft documentation issued by the representative body for architects (RIAI) for members. As this is an opinion piece, we do not endorse or recommend any practices, interpretations or duties in this post.
Post 6: Draft Client Agreement (architect)
“S.I.9 IMPLEMENTATION PAPERS” ISSUED BY RIAI, APRIL 2014
Some comments by an architect who has advised PII insurers on defending claims against other architects and who wishes to help colleagues protect themselves.
Draft RIAI Agreement between Client and Architect for the provision of Architectural Services Draft guidance. To be used with professional judgement
This is of course not a completely new document but a modification of a document in use since around 2000. You may have your own “Standard Form” in your own office. There are many points you might consider: here are six.
- General approach. If you are hungry or – some would say – crazy enough to act as Assigned Certifier, you’ll have another agreement in that regard: next item. So you are unlikely to be able to charge a lot more money under this agreement that you would otherwise have been able to do. So you might feel that the most important things are to limit your liability as far as you can, and limit the inevitable extra work as far as you can also.
- Inception and general services. Your client might welcome advice on project cost. Where do they get this.
- Detail Design: “Consult with Building Control Authority.” You should consider omitting this clause, as otherwise if you don’t consult and there’s a subsequent problem you’ll be at fault.
- Detail Design: “Advise client on the need to engage suitable consultants, builder, specialists …. to act as Ancillary certifier.” You might consider that this is the job of the Assigned Certifier, in which case you might consider striking out this piece of work. See the next section!
- Lodge Commencement Notice under Building Regulations .. Where article 9(1)(b) of the Building Regulations 1997-2009 does not apply. You might consider changing 2009 to 2014 as it is under the 2014 regulations that all the certification business arises.
- Project Planning: Schedule and obtain Ancillary Certificates from other consultants. You might consider that this is the job of the Assigned Certifier and that if you do it, it might become your responsibility if there are defects in the schedule or if you fail to obtain the certificates, in which case you might consider striking out this piece of work. See the next section!
Attached .jpeg forms mentioned above:
NOTE: This series of posts are not meant to undermine or be in opposition to any professional advice from registered representative bodies: rather it is to offer additional technical aids to those that find themselves in the position of having to deal with SI.9 in it’s current form at present. As with all information posted on the Blog we urge all practitioners to check with their respective professional bodies before assuming any roles or duties under Building Control (Amendment) regulation (SI.9 of 2014). We hope this information that may be useful to professional implementers working within these new and difficult regulations.
If there are any registered engineers with similar concerns on ACEI documentation we would be interested in hearing from them also. At time of writing there are no SCSI/CIF (representative bodies for surveyors or builders) draft documents available to their members. We suggest professionals contact their respective professional bodies with concerns or queries.
Other Posts in the series:
Post 1: Architect’s Ancillary Cert (Design & Completion) – click link here
Post 2: Architect’s Ancillary Cert (Inspection) – click link here