Terms & Conditions
Terms and Conditions
1.1 The Client appoints the Consultant to provide the Services and the Consultant accepts such appointment upon and subject to these Terms and Conditions.
2. Standard of Care
2.1 The Consultant, when performing the Services, exercises the reasonable skill and care to be expected of an appropriately qualified consultant of the same discipline as the Consultant holding itself out as having the competence and resources to perform the Services.
2.2 The Consultant will provide advice and reports to the Client or a member of the Client’s project team. Should the Client have specific preferences with regards to lines of communication, these should be highlighted to the Consultant.
3. Statutory Requirements
3.1 When performing the Services, the Consultant complies with the requirements of all statutes and legislation relevant to the Project. In particular, the Consultant complies with the Construction (Design and Management) Regulations, to the extent they apply to the Project.
4.1 As consideration for the performance of the Services, the Client pays the Consultant the Fee as set out in the Quotation. The Quotation is deemed to be valid for 6 months from the date of issue. Where a fixed price fee is agreed, this is deemed to be inclusive of all reasonable disbursements unless otherwise stated in the Quotation.
5.1 The services are those described in the quotation.
6.1 Payment of the Fee is due on receipt by the Client of an invoice from the Consultant. The Client pays all sums due under this Appointment to the Consultant not later than 7 days after the date of the invoice (“the final date for payment”).
6.2 The Client does not withhold payment of any sum due unless it had given prior notice of their intention to withhold payment within 7 days of receipt of an invoice. Such notice must specify the amount which the Client proposes to withhold and the ground for making the withholding. If there is more than one ground, the notice must specify each ground and the amount attributable to it.
6.3 Where the fee is to be calculated on a time incurred basis the following rates plus disbursements will apply.
a. Director £120.00 /hr
c. CAD (Computer Aided Design) £60.00 /hr
6.4 If the scheme were to be abandoned at any stage, the fees to that stage would be payable. At the time of instruction of Stage 1 or 2 payments is required.
6.5 Any further professional advice required, such as will be necessary from a Structural Engineer, these costs will be additional to the fee quoted above. Also, the fee quote does not include for the charges payable to the local authority in respect of the applications for Planning Permission or Building Regulations Consent, or for the costs of obtaining Ordnance Survey sheet copies as required for these applications.
6.6 50% is payable on instruction by the client, the remainder of the payment is to be made at the completion of each stage with expectation of stage 4 where monthly fees will be expected. Payment preferably via BACS as follows:-
Sort Code: 09-01-29
Cheques made payable to Daniel Armstrong Associates
6.7 Payment of planning application/building regulations is not included in prices quoted and payable to local authority on submission of application. The price is set by the local authority.
6.8 None payment of fees after receiving of plans is prosecuted by copyright law and cannot be used by you or anyone else.
7. Default, Interest and Suspension
7.1 If the Client fails to pay any sum due to the Consultant under this Appointment in full by the final date for payment and where Clause 6.2 applies, no notice of intention to withhold payment has been given which complies with Clause 6.2: (a) the Client pays the Consultant statutory interest on the unpaid amount for the period from the final date for payment until the date of actual payment; (b) where such failure continues for 7 days after the Consultant has given its intention to suspend performance, the Consultant may suspend such performance until such amount is paid; and/or (c) the Consultant may by notice in writing to the Client suspend the copyright licence under Clause 12.1 until all owed amounts are paid.
8. Health and Safety
8.1 Should there be any concern over health and safety, whosoever, the Consultant reserves the right to suspend the Services until the health and safety issue is rectified.
8.2 The Client shall arrange safe access to and around the site, including access scaffolds, where appropriate.
8.3 Ladders should be used as a last resort, and only where use can be justified by a risk assessment. The Consultant shall follow good practice including the guidance set out in HSE document entitled “Safe use of stepladders and ladders: An employer’s guide”. Whilst there are many things to consider when using a ladder, two particularly important aspects are a) making sure the ladder extends at least 1m beyond the landing point b) making sure that the ladder is tied. See item 22 of the HSE good practice guide (copy available from the Consultant upon request). Footing the ladder should be a last resort and avoided, where reasonably practicable, by the use of other access equipment.
9.1 Except for liability for death or personal injury, the maximum aggregate liability of the Consultant to the Client under or in connection with this Appointment (whether in contract or tort (including negligence) or breach of statutory duty) is limited to that recoverable under the Consultant’s Public Liability and Professional Indemnity insurance policies.
9.2 Without prejudice to the above limitation or any other exclusion or limitation of liability available to the Consultant, the Consultant’s liability for loss or damage suffered by the Client in the event of any breach of this Appointment is limited to the proportion of such loss or damage that it would be just and equitable to require the Consultant to pay having regard to the extent of responsibility of the Consultant for the same and on the assumptions that: (a) all contractors and sub contractors and other members of the Professional Team have provided contractual undertakings to the Client on terms no less onerous than those set out in this Appointment in respect of the carrying out of their obligations in connection with the Project. (b) there are no exclusions or limitations of liability nor joint insurance or co-insurance provisions between the Client and any such persons; and (c) All such persons have paid to the Client such sums as it is just and equitable for them to pay having regard to the extent of their responsibility for such loss or damage.
9.3 Provided always that the Consultant does not assert that it has no or a reduced liability to the Client under this Appointment solely by reason of the fact that the Contractor accepts responsibility for the design of the Project, to the extent that such design is undertaken by the Consultant.
9.4 The Consultant’s maximum liability arising from any loss resulting from a conflict of interest will be limited to the Consultant’s fees incurred up to the point the conflict of interest was identified.
9.5 No action or proceedings for any breach of this Appointment may be commenced against the Consultant after the expiry of 6 years of the date of the Appointment.
10.1 Amendments will be made to 1st design proposed however after 4 appointments/changes additional charges will be incurred.
10.2 Once proposed plans signed off by the client we will provide 1 x A1 paper copy of plans. Additional available at cost of £10. PDF copy will also be sent via email.
10.3 The client will have authority to use plans once all payments have been received, until this they remain in ownership of Daniel Armstrong Associates.
10.4 Daniel Armstrong Associates will design plans to meet the client requirements and local planning regulations. However final decisions are made by the planning department.
10.5 If plans are declined by your local authority we will fight your case at appeal and/or look at alternatives with you.
10.6 Sometimes planners will require small changes to plans and this will be done at no extra cost, however if a full redesign is to take place this will be chargeable at half the original rate.
10.7 Plans will be submitted by DAA to your local authority, please allow 6-8 weeks for a decision, this is dependent upon the work load of the department and can sometimes take longer. After 6 weeks we will make contact on your behalf to see if we can obtain feedback/progression report. Portal number can be provided and can be checked online however these are not updated regularly.
10.8 Any original plans provided to us will not be returned unless requested so by the client.
11.1 We are contactable via telephone or email during office hours Monday – Saturday 8.30am – 5pm
12. Building Regulations
12.1 Fee to local authority for building regulations is not included in the price quoted.
12.2 Decision made by building department has no impact from Daniel Armstrong Associates.
12.3 Any amendments made on site by builder/client to change building regulations must be authorised by Daniel Armstrong Associates.
12.4 If building regulations are supplied by DAA, these must be adhered to by builder and responsibility of client.
12.5 Checks are carried out in stages by building inspector. If any changes are made from the original plans and not agreed with DAA it is with no fault/responsibility to DAA.
13. Building Specification Tender
13.1 We aim to send to 4 reputable companies known by DAA for prices. However if you have any companies you wish for us to invite to tender then we can also contact on your behalf, but hold no responsibility for workmanship etc.
13.2 Any contract sought by DAA is between client and builder and no liability to DAA
13.3 All building works undertaken can be arranged under a JCT (Joint Contracts Tribunal)
13.4 Price quoted after tender is fixed and not changeable by builder. However any changes made by client must be discussed with DAA and Contractor and price agreed before work starts.
13.5 The tender package is based on the documents of the previous phase that allows the contractors to correctly quote for the works and also additional administrative documents which set out the contractual arrangements between the client and the contractor. It defines the game rules and other site related rules. DAA can advise on the choice of contractors suitable for the work or the client can make their own suggestions. Depending on the quality of the tender returns it may be necessary to clarify or modify the documents in line with the budget, the clients expectations or suggestions from the builder. Once the choice of contractor is made, DAA draws up the contract documents for signature by the client and the contractor. In this way both the contractor and the client understand their contractual obligations, the quality of the works, the timescale and the cost.
14. Project management
14.1 Site visit will be made once per week by DAA
14.2 Valuation and interim certificates provided.
14.3 Certificate of completion will be signed off by DAA
14.4 Payment for this stage is payable monthly and based on invoice submitted by contractors.
14.5 DAA is not responsible for managing the Builder’s programme of works or for organising the work on site. The day-to-day supervision of the build itself is the responsibility of the Contractor, who is also responsible for ensuring that the structure is built in compliance with the Building Contract, the Planning Approval, Building Regulations and CDM Regulations.
15.1 The Consultant maintains professional indemnity insurance at a level no less than that required by the Royal Institution of Chartered Surveyors subject to such insurance being available in the insurance market on reasonable terms and rates.
15.2 The Consultant maintains public liability and employer’s liability insurance.
15.3 The Consultant produces written evidence that this insurance is being maintained whenever requested to do so by the Client.
15.4 In the event of the Consultant acting as an Introducer Appointed Representative of an insurance intermediary authorised and regulated by the Financial Services Authority, the maximum payment the Consultant will receive will be equivalent to 3% to 10% of any premium in respect of insurance that is taken out.
16. Copyright and Confidentiality
16.1 Copyright of all drawings, reports, 3D models, calculations and all other documents including computer software and revisions of the same (“Documents”) prepared by the Consultant for the purposes of the Project remains the property of the Consultant. Subject to Clause 7.1, the Consultant grants the Client a royalty-free, irrevocable, non exclusive licence to use and reproduce the Documents.
16.2 In order to handle conflicts of interest in an open and transparent way, it may be necessary for the Consultant to notify its other clients or potential clients involved with nearby properties or land of the existence of this Appointment.
16.3 Where the Consultant acts for a new client in accordance with clause 20.3, the consultant is permitted to share all relevant project information with the new client.
17. Suspension of the Services
17.1 The Client may at any time give notice in writing to the Consultant requiring it to suspend all or part of the Services.
17.2 The Consultant resumes performance of the Services which have been suspended as soon as reasonably practicable after it receives written notice to do so from the Client.
17.3 If the suspension continues for more than 3 months, either party may give notice in writing to the other terminating the Consultant’s engagement under this Appointment.
18. Termination of Engagement
18.1 The Client may terminate the Consultant’s Appointment at any time by giving the Consultant 14 days’ prior notice in writing.
18.2 If a party is in material breach of its obligations under this Appointment and fails to remedy such breach within 7 days after the other party gives it written notice to do so, the party which gave such notice may immediately thereafter terminate the Consultant’s engagement under this Appointment giving written notice to that effect to the party in breach.
18.3 If a party becomes insolvent (that is, is deemed unable to pay its debts under Sections 123 or 268 of the Insolvency Act 1986), then the other party may immediately terminate the Consultant’s engagement under this Appointment by giving written notice to the insolvent party.
19. Payment upon Suspension or Termination
19.1 Upon any suspension or termination, the Client pays the Consultant in accordance with Clauses 6.1 and 6.2 (without prejudice to any rights the Client has in respect of any breach by the Consultant of its obligations under this Appointment): (a) that part of the Fee, the Additional Services Fee (if any) and any other sums which have accrued due up to the date of suspension or termination (as the case may be) and a fair and reasonable proportion of the next instalment of the Fee and any additional fee payable for Additional Services commensurate with the Services performed, less any amounts previously paid to the Consultant; and (b) (save where such suspension or termination is due to the Consultant being in breach) all reasonable costs, disbursements and expenses properly and necessarily incurred by the Consultant (including any costs incurred in suspending and/or resuming performance of the Services) as a direct result of such suspension or termination.
19.2 Termination of the Consultant’s engagement under this Appointment does not affect the accrued rights and remedies of the parties.
20.1 The Consultant is not liable for the use of the Documents for any purpose other than that for which they were originally prepared.
20.2 This Appointment supersedes any previous agreements or arrangements between the parties in respect of the Project.
20.3 Nothing in this Appointment confers or purports to confer any right to enforce any of its terms on any person who is not a party to it. Only the Client (and the Client’s permitted assignees) and the Consultant can take action to enforce the terms of this Appointment.
20.4 Any reference to a statute or statutory provision is construed as a reference to that statue or provision as amended, consolidated supplemented or re-enacted (with or without modifications) from time to time.
20.5 Where any Clause requires an act to be done within a specified period after or from a specified date, the period begins immediately after that date. Were the period includes Christmas Day, Good Friday or a day which, under the Banking and Financial Dealings Act 1971, is a bank holiday in England and Wales, that day is excluded.
20.6 23. Daniel Armstrong Associates will need to take photographs throughout and these may be used from advertising, social media platforms and on our websites. If you do not wish for us to use these for these purposes then please contact us in writing.
21.1 Any notice under this Appointment is deemed to be given if it is in writing and delivered by hand or sent by pre-paid, recorded or special delivery post to the Client or Consultant (as the case may be) at the address set out for each party in this Appointment or any other address notified by one party to the other in accordance with this Clause.
21.2 Any notice sent by hand is deemed received upon receipt by the party to whom it is addressed.
21.3 Any notice by post as described in Clause 23.1 is deemed received 48 hours after it was posted.
22. Changes to the standard terms and conditions of appointment
22.1 The Consultant’s standard terms and conditions of appointment are negotiable and in certain instances the Consultant will be prepared to work under the Client’s own standard form of contract, providing this is agreed prior to acceptance of the Consultant’s quotation. The Consultant’s quoted fee is based on the Consultant’s standard terms and conditions of appointment and the tender price may need to be adjusted where different terms and conditions apply.
22.2 Anything noted in the Consultant’s quotation shall take precedence over these standard terms and conditions. These terms and conditions shall take precedence over any general correspondence between the Consultant and the Client, save for where stated as a specific amendment to the Consultant’s standard terms and conditions.