Terms & condtions
Client’s Responsibilities
1) Advise IAD of their requirements, budget and timescales. 2) Provide all relevant and appropriate material and documents in the Client’s possession to allow the project to proceed in a timely manner. 3) Give timely decisions, approvals and sign off agreed plans at each work stage. 4) Acknowledge that planning permission and other approvals from third parties may not be granted at all, or if granted, may vary front anticipated time-scales. 5) Appoints and pays any external consultants or contractors required under separate agreements. 6) Holds the contractor or contractors responsible for carrying out and completion of construction works and for health and safety provisions on the site. 7) Complies with the requirements of the Construction (Design and Management) Regulations 2015.
Fees & Expenses
1) IAD’s fees are calculated and charged as set out in the Agreement. 2) Where a percentage fee basis applies, the
percentage or percentages stated in the Agreement are applied to the final cost of the building work, excluding VAT and fees. The percentages are applied to the current cost estimate or the contract sum until the final cost has been
ascertained. 3) IAD will issue a statement showing accrued instalments of the fee, and any additional fees due, less any amounts previously paid, calculating amounts due in that period. The final date for such payments by the Client is 14 days from the date of issue of an account. Any sums remaining unpaid after 14 days bear interest at 6% over the official base rate of the Bank of England, current at the date that a payment becomes overdue. 4) Additional fees, calculated on a time basis, unless otherwise agreed, are payable if IAD, for reasons beyond IAD’s control, is involved in extra work on behalf of the Client. 5) The Client shall formally issue written notice no later than 5 days before the payment due date that the Client intends to withhold part, or all of the payment, clearly stating the amount to be withheld and the reason(s) for withholding payment. If no notice is formally issued, the amount due is the amount stated as due in the account. 6) If the performance of any or all of the Services is suspended, or the Agreement is terminated, then IAD is entitled to payment of any part of the fee due at the date of suspension or termination, except where IAD is clearly in material or persistent breach of the obligations under the Agreement.
Copyright and Use of Information
1) IAD owns the copyright in the original work in the drawings and documents produced in performing the Services and generally asserts IAD’s moral rights to be identified as the author of such work. The Client has a licence to copy and use and allow other persons providing services to the project to copy and use such drawings and documents only for purposes related to the Project providing that all fees and/or other amounts due are paid in accordance with the above conditions.
2) Neither the Client nor IAD discloses to any other person Confidential Information unless formally agreed in writing by both parties. 3) IAD has the right to reproduce photographs and descriptive text of the Project in its brochures and promotional material.
Suspending or Terminating the Agreement
1) The Client or IAD may suspend performance of the Services by giving not less than 7 days’ notice in writing of the intention and stating the reasons for doing so. 2) On termination of the Agreement, a copy of any drawings or reports not previously provided to the Client will be delivered on demand to the Client by IAD, subject to the terms of IAD’s copyright in the original work in the drawings and documents produced in the performing of the Services and IAD’s moral rights to be identified as the author of such work.
Dispute Resolution
1) The Client and IAD may agree to refer any dispute or difference arising out this Agreement, if the matter is suitable, to an agreed Mediation service.
2) Any dispute or difference arising out of this Agreement may be referred to adjudication by the Client or IAD.
Definitions
The Agreement – The term Agreement shall refer to the Schedule of Services and Fees
Brief – Produced at project inception to reflect the Client’s initial requirements.
CDM – Construction Design and Management Regulations 2015. See www.hse.gov.uk/construction/cdm/2015/index
DAS – Design and Access Statement – required at all stages of Planning Submission
M&E – Mechanical (plumbing, heating, drainage) and Electrical design and installation
O&M – Operators and Maintanance Manual – generally supplied by the Contractor at the end of the project build
IAD – Insight Architectural Design
