Principal Work Stages, Fees & Terms and Conditions of Business
John Morris Architects Ltd is a limited company registered in England and Wales with number 7185388 and registered address of 63 Lambley Lane, Burton Joyce, Nottingham. NG14 5BG. The instructions you give us create a contract between you and John Morris Architects Ltd for the provision of services to you. Our contract with you is personal. It may be enforced by, and confers benefit on you and John Morris Architects but not on any third party. References in these Terms and Conditions of Business to “we”, “our” and “us” shall be read as John Morris Architects Ltd.
Listed below are the principal stages of work that make up our ‘full service’. (Related RIBA work stages are shown in brackets). This is to accompany our fee proposal letter in which we will normally quote a lump sum fee for Stage 1 & stage 2 for the works described in the fee letter. Stage 4 is usually charged on a time basis.
All fees will be subject to VAT at the rate current at the date of the invoice.
Our VAT registration number is 170 4201 52.
The terms of our engagement are based on the RIBA (Royal Institute of British Architects) Standard Conditions of Engagement.
Principal Work Stages and Fees –
Fee letter description of works to take priority as this will be specific to the project
STAGE 1 (RIBA stages C & D. Design Development, Planning Application Submission)
Design brief development. Measured survey of existing building for a refurbishment/extension project.
Discussion and development of initial design and preparation of drawings for submission for Planning Permission and Listed Building/Conservation Area consent if required. Our fee includes for one application submission of each.
Fee payable as stated on the Fee Proposal letter, to be paid in full prior to submission to the local authority (LA). STAGE 2 (RIBA stage E, F & G. Building Regulations Submission & Construction Information Package)
Production information – General arrangement construction drawings, Architects specification, window, roof, general construction details, electrical/plumbing/heating layout, kitchen/bathroom layouts. Coordination of information from a structural engineer consultant. Preparation of specifications/schedules for tendering or negotiating with a selected builder. Submission for Building Regulations ‘Plans Appraisal’ prior to tender.
Fee payable as stated on the Fee Proposal letter, to be paid in full prior to submission to the LA/Approved Building Inspector. STAGE 3 (RIBA stage H)
Issuing of tender packages to 3-4 Main Contractors to obtain construction cost prices.
Fee payable in full prior to sending documents out to tendering contractors. STAGE 4 (RIBA stages J & K. Construction stage and completion of the build to Practical Completion)
We can act as the Contract Administrator as described in the JCT Minor Works contract. This stage includes for site visits on a regular basis – usually fortnightly with one of the site visits being a Project Meeting with Clients and Contractor present, to check on progress and to discuss solutions to queries from the Client/Contractor up to the ‘Practical Completion’ of the project. We can also issue certificates as required by the JCT Minor Works contract.
Fee for this stage is charged at our hourly rate and is payable monthly.
Terms and Conditions of Business
Our standard hourly rate is £75/hr.
Travel costs are charged at 45p/mile.
Electronic copies of drawings will be issued in PDF format only.
We charge an additional fee at our standard hourly rate unless agreed otherwise, for a) a redesign, or for making amendments to a scheme post Stage D (unless they are a result of our own omission or error), or for making a fresh Planning, Building Regulations or other applications, or if we are involved in a ‘Planning Appeal’, b) for negotiating notional or actual variations either savings/additions with a builder and/or for altering documents to take account of agreed savings or additions, c) if the contract on site extends beyond the end of the contract period as stated in the Construction Contract, d) for time spent dealing with contractual disputes, including adjudication and legal proceedings, e) for aiding in final account negotiations, f) for the issue of the Final Certificate under the terms of the Construction Contract.
Should the client instruct additional works over and above those quoted for, additional fees will be payable either at a rate to be determined by agreement at the time, or in the case of no written agreement, on the basis of reimbursement for additional time expended at our hourly rate plus expenses.
The Client is to inform us of any restrictive covenants, easements, rights of way, or other legal burdens upon the land or building under consideration at the brief development stage. We will not make our own enquiries into these.
Should the works require compliance with The Party Wall Act 1996, the Client is to engage a suitable Consultant to act on their behalf prior to works starting on site.
Nothing confers or purports to confer onto any third party any benefit or right to enforce any term of the fee proposal letter or these terms pursuant to the Contracts (Rights of Third Parties) Act I999(England & Wales only). Please note that Contract Administrators have no control over builders and their suppliers or subcontractors other than as set out and defined in the construction contract. We cannot accept any responsibility for the standard of work on site unless we are retained on a ‘Full Service’ basis as Contract Administrator under a JCT standard form of Building Contract or similar, where the contract documents include a full set of Stage 2 drawings and a full specification, and then only to a limited extent.
Where work is carried out to existing buildings we cannot guarantee the existing structure is sound or that it can be made damp proof. We also cannot be held responsible for identifying or making allowances for concealed or underground elements e.g. the location of the existing mains services, underground springs,
water tanks etc. Unless stated otherwise in our fee letter, our fee does not include a) additional services &/or fees due to other consultants or bodies such as the local authority, b) printing, travelling, postal or courier expenses, c) for physical architectural models.
Invoices remaining unpaid beyond 14 days of issue shall bear compound interest plus reasonable debt recovery costs, such interest to accrue daily from the date of invoice issue at the rate of 8 percent per annum above the current Bank of England base rate.
Any drawings, schedules, specifications or other information provided by us and the design copyright of any works executed from these documents shall remain the property of us. The right of the Client to utilise these documents in the execution of the works therein described will be immediately suspended if our account remains unpaid.
We have a right to publish photographs of the Project, and the Client will give reasonable access to the Project for this purpose for two years after Practical Completion of the construction works.
Any invoice or item on an invoice which is disputed shall be brought to our attention in writing within seven days of the date of the invoice, failing which it shall be assumed no item is disputed.
There are many factors that determine the cost of building or renovating your home. These include the cost of labour/materials at the time of tendering/building, the availability of contractors, the quality of materials that you want to use such as windows, roof, cladding, kitchens, wet rooms, floor finishes, heating system, house ventilation systems, utility connections, etc. The initial budget needs to be realistic and additional works above the original brief will need to be factored into a revised budget. We can only aid in estimating the construction cost by cross referencing m2 floor area costs with similar projects we have undertaken. However, we do not control the cost of the construction of a project as this is calculated by
the contractor chosen to undertake the work. Should the Client require a more accurate cost estimate of the proposed design prior to tending, the Client is to obtain the services of a professional Quantity Surveyor for these purposes. We shall provide information to the Quantity Surveyor, relevant to the stage of works at the time, for their costing purposes.
This agreement may be terminated by either party on the expiration of reasonable notice in writing. We shall be entitled to any fees (or part thereof) and expenses properly due before we received or issued the notice of termination.
Neither party to this agreement may assign any part of this agreement without the written consent of the other party.
Additional services (if required) available from other consultants to be appointed separately: Topographical/levels survey. Structural, mechanical or electrical design and engineering. Plumbing and heating design. Landscape or furniture design. Cost advice including preparing schedules of rates or quantities, cost reports. Legal or tax advice. CDM Co-Ordinator (CDM/Health & Safety Regulations). Negotiations or advice relating to rights of light, access, support, boundaries, rights of way, covenants, party walls etc. Project Management. Any reports, surveys or specialist additional information required by the Local Authority e.g. tree or wildlife surveys, contamination reports and Planning Consultant Statements, Health and Safety Reports, sound or air tightness testing, SAP energy ratings, flood risk assessments. Ecology reports, Ground Investigations and percolations tests.