RICS Standard Form for Consultants Appointment

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  • 8/17/2019 RICS Standard Form for Consultants Appointment

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    RICS Standard Form of Consultant’s Appointment

    The mark of

    property professionalism worldwide

    Corporate Professional  Local

    www.rics.org

    Since this document was published, new legislation and contract documentation has emerged.

    isurv subscribers should use this document for reference only.

    If you wish to use this document, you should take independent legal advice beforehand.

  • 8/17/2019 RICS Standard Form for Consultants Appointment

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    RICS Standard Form of Consultant’s Appointment

    Since this document was published, new legislation and contract documentation has emerged.

    isurv subscribers should use this document for reference only.

    If you wish to use this document, you should take independent legal advice beforehand.

  • 8/17/2019 RICS Standard Form for Consultants Appointment

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    RICS wishes to acknowledge the contribution made to these documents from its Members from the Built Environment Group of Faculties (Building Control, Building Surveying, Project Management and Quantity Surveying and Construction). Special thanks are also due to Len Stewart of Davis Langdon, Kevin Greene, Daniel Lopez de Arroyabe, Lee Forsyth and David Race of K&L Gates LLP, Tony Baker of A&T Consultants Ltd and Yassir Mahmood for their particular contributions.

    The project stages from the RIBA Outline Plan of Work 2007 (© Royal Institute of British  Architects) are produced here with the permission of the RIBA.

    This Appointment is suitable for projects in England and Wales only.

    Published by the Royal Institution of Chartered Surveyors (RICS) under the RICS Books imprint Surveyor Court Westwood Business Park Coventry CV4 8JE UK www.ricsbooks.com

    DISCLAIMER

    Users of this document are responsible for forming their own view as to whether this document and its contents are suitable for use in any particular circumstances. The supply of

    this document does not constitute legal or other professional advice, nor does it constitute any opinion or recommendation as to how any person should conduct its business or whether any person should or should not enter into any form of contract. Users should, if appropriate, consult their professional advisers as to any such matter. No warranty, express or implied, is given in respect of this document and neither RICS nor the authors shall be liable for any loss or damage of any kind arising directly or indirectly from the use or misuse of this document or from any reliance on it by any person, except to the extent that exclusion of such liability is prohibited by law.

    First published May 2008

    © Royal Institution of Chartered Surveyors (RICS) November 2011. Copyright in all or part of this publication rests with RICS, and save by prior consent of RICS, no part or parts shall be

    reproduced by any means electronic, mechanical, photocopying or otherwise, now known or to be devised.

    Since this document was published, new legislation and contract documentation has emerged.

    isurv subscribers should use this document for reference only.

    If you wish to use this document, you should take independent legal advice beforehand.

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    CONTENTS

    Clause Page

    1 Definitions and Interpretation 1

    2 Appointment 4

    3 Consultant's Obligations 5

    4 Health & Safety, Statutory Requirements and Prohibited Materials

    6

    5 Limitations of Liability 6

    6 Collateral Warranties and Third Party Rights 7

    7 Consultant's Personnel 8

    8 Client's Obligations 8

    9 Payment 9

    10 Additional services 10

    11 Consultant's Authority 11

    12 Insurance 12

    13 Copyright and Confidentiality 12

    14 Assignment, Transfer of Rights and Obligations, and Sub- Contracting

    13

    15 Termination and Suspension 14

    16 Dispute Resolution 15

    17 Notices 16

    18 Entire Agreement 17

    19 Governing Law 17

    20 Completion of the Appendix 17

    Schedule 1 Services 18

    Schedule 2 Fees and Payment 19

    Schedule 3 Client's brief 23

    Appendix 29

     

    Since this document was published, new legislation and contract documentation has emerged.

    isurv subscribers should use this document for reference only.

    If you wish to use this document, you should take independent legal advice beforehand.

  • 8/17/2019 RICS Standard Form for Consultants Appointment

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    Since this document was published, new legislation and contract documentation has emerged.

    isurv subscribers should use this document for reference only.

    If you wish to use this document, you should take independent legal advice beforehand.

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    Insert date following execution by all parties.

    Where the Client is a

    company or a limited liability partnership, insert full name, company number and address of registered office of the Client.

    Where the Client is a

    partnership or anindividual, insert full name of the Client and address of principal place of business/address. Where the Client is an individual, delete the wording in square brackets.

    Where the Consultant is a company or a limited

    liability partnership, insert full name, company number and address of registered office of the Consultant.

    Where the Consultant is a partnership or an

    individual, insert full name of the Consultant and address of principal place of business/ address. Where the Consultant is an individual, delete the wording in square brackets.

    THIS AGREEMENT is made on the _________ day of _______________ 20__

    BETWEEN:

    (1) The Client 

    (company registration number )

      whose registered office is at

    or

    (1) The Client 

    [being all the partners of that firm and] whose principal place of

    business/address is at

    and

    (2) The Consultant 

    (company registration number )

      whose registered office is at

    or

    (2) The Consultant 

    [being all the partners of that firm and] whose principal place of

    business/address is at

    1

    Since this document was published, new legislation and contract documentation has emerged.

    isurv subscribers should use this document for reference only.

    If you wish to use this document, you should take independent legal advice beforehand.

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    NOW IT IS AGREED as follows:

    1 Definitions and Interpretation 

    1.1 In this Appointment the following expressions have the following meanings:

    “Additional Services” means any services relating to the Project which are not identified as Basic Services in the services listed in Schedule 1;

    “Additional Services Fee” means the fee payable by the Client to the Consultant for Additional Services determined in accordance with Clause 10;

    “Adjudicator ” means the person named as such in the Appendix or, if no person is named or the person named is not available, such other person as may be appointed as the Adjudicator from time to time in accordance with Clause 16.4;

    “Appendix” means the appendix to this Appointment;

    “Base Rate” means the rate set from time to time by the Bank of England’s Monetary Policy Committee or any successor to it;

    “Basic Services” means the services identified by reference in Schedule 1;

    “Building Contract” means the contract or contracts between the Client and the Contractor for the construction of the Project, a copy of which (or a copy of relevant extracts of which) the Client provides to the Consultant;

    “CDM Regulations” means the Construction (Design and Management) Regulations 2007;

    “Client’s Brief  ” means the brief set out in Schedule 3 identifying the Client’s

    requirements in relation to the Project as such requirements may, in accordance with the Client's instructions, be amended from time to time with the Consultant’s agreement (which agreement is not to be unreasonably withheld or delayed);

    “Client Contracts” means the particulars of all contracts between the Client and third parties, which the Client notifies to the Consultant, relating to the financing or re-financing of the Project, the disposal and/or letting of any interest in the Project, the provision of any enabling works for the Project, or the giving of consent or permission for the carrying out of the Project;

    “Client Group Company” means any holding company of the Client or any subsidiary of the Client or of any holding company of the Client (within the

    meaning of Section 736 of the Companies Act 1985 as amended by Section 144 of the Companies Act 1989);

    “Collateral Warranties” means collateral warranties in the relevant forms annexed to this Appointment and signed by the parties by way of identification or in substantially the relevant forms as agreed between the parties;

    “Contractor ” means the contractor or contractors which the Client appoints under the Building Contract;

    “Documents” means all drawings, plans, details, specifications, bills of quantities, schedules, reports, records, calculations and