Standard Terms & Conditions

One of the most important aspects of construction is to agree at the outset what is intended. To this extent, preliminary discussions with an architect are essential to the success of the project. Consequently the architect’s fees are usually treated as separate from the building contract.

We will be pleased to provide you with a quotation for the fees for a project, which will be broken down into the various sections of the project. We are happy for the fee to be fixed, against an agreed brief from you. Fees are likely to vary according to the complexity of particular projects, and are therefore based on a site visit and discussions with you. Please note that the practice employs a number of people and the detail design is not necessarily carried out by the principals.

Payment of our fees is normally by instalments paid against completion of work stages. These stages will be as the fee agreement. Where we are administering a construction contract on your behalf, which is contracted to exceed 4 months, we reserve the right to invoice our fees for this stage of the works in monthly payments by prior arrangement with yourselves. In addition to the fees, expenses and disbursements properly incurred in connection with the appointment will be added. Expenses might include, for example, the cost of printing (we charge £2.50 for an A1 print and £1.00 for A3 prints), reproduction or purchase of documents (JCT contracts range from £20 – £50), maps and ordnance survey data (approximately £40 including the required licence), models, photographs, etc., travel expenses and the cost of postage, telephone and fax as necessary. VAT at the standard rate will be charged on our fees and expenses.

Disbursements are charges necessarily incurred by the Architect but properly to be borne by the client, for example Planning Application or Building Regulations fees. These will be recorded separately. We will normally ask our clients to make a direct payment for these items, but there are occasions when it is to your advantage for us to pay these for you. Our normal terms for payment are 21 days from the date of the invoice.

Should you wish to enter into a written contract we would be pleased to forward you the relevant forms. Should you decide to go ahead we would be grateful if you could indicate your acceptance of the agreed terms in writing. Should you wish to terminate the agreement you should also do so by letter. Please note that we would be pleased to invite a representative of the RIBA to act as an arbitrator if required. For the avoidance of doubt, any services undertaken by Hibbs & Walsh Associates Ltd will be governed by the RIBA Standard Conditions 2010 (updated 2012).

This fee structure does not include for the services of another professional such as a Structural Engineer, an ecologist, a home energy assessor, etc; Hibbs & Walsh Associates Limited will be pleased to make recommendations should any be required. We would like you to note that this Practice carries professional indemnity insurance. Further details are available on request. We comply with the Provision of Service regulation 2009 by displaying the required details of our Professional Indemnity Insurance in our office.

The client is responsible for the Health and Safety at their home and on their site. The HSE Regulations require the design to be assessed for health and safety by an appointed person – the “Principle Designer”. Hibbs & Walsh Associates Ltd will discuss this with you and make recommendations. When work starts on site the contractor will need to be appointed to take care of this on your behalf. Unless Hibbs & Walsh Associates Ltd are administering a contract on your behalf our responsibility for Health and Safety ceases at this point.

The Contractor is required to be familiar with the CDM Regulations 2015 and you should request that they inform you of your duties.  The Contractor, acting on behalf of the Employer, will appoint a Principal Designer to arrange for competent and adequately resourced and trained staff and sub-contractors; ensure the co-ordination and co-operation of all contractors; ensure that all contractors have information about all risks on site and obtain risk assessments where necessary; monitor health and safety performance; make sure that only authorised personnel are on site; ensure that protective clothing is available where required, including for visitors to the site and comply with the C.O.S.S.H. regulations at all times. Notification to the Health and Safety Executive is only usually required where more than 20 workers are employed at any one time and the work on site exceeds 30 working days, or if the work on site exceeds more than 500 person days.

Please note that unless otherwise agreed the client remains responsible for all risks building insurance.

Hibbs & Walsh Associates Ltd will design buildings to meet sustainable criteria but regret that they cannot be responsible for the performance of the completed building or for any consequential losses.