TERMS & CONDITIONS
Terms & Conditions
Unless otherwise agreed, these terms of business apply to any future instructions from you. Your continued instructions will amount to your acceptance of these terms and conditions of business.
Any fee proposal/quotations we provide you with remain open for a period of three months, after which we reserve the right to amend them to reflect current market conditions.
Unless a Standard Form of Appointment is used, the following terms shall be the terms under which Evoke Architecture Limited performs their services:
This agreement is to offer Evoke Architecture Limited (herein referred to as ‘Evoke), to perform the consulting services described in the attached Scope of Services. On acceptance by the Client, Evoke is strictly limited to the attached proposal and these Terms and Conditions for Evokes Services, which when acknowledged in writing, is authorised to proceed. The Client is defined as the person or business entity signed in the Agreement, authorising Evoke to proceed.
This Agreement supersedes all prior written proposals and/or negotiations not referenced herein between the parties and is expressly conditioned upon the Client’s agreement of the Terms and Conditions hereof. This Agreement may only be modified in writing, to be executed by both Parties.
Services to be Performed
The services to be performed are described in the preceding Scope of Services and Fees. Unless otherwise specified in the Scope of Services and Fees or the Terms and Conditions, Evoke shall furnish all technical and professional services, including labour, materials, supplies, equipment, transportation and supervision to perform all tasks listed in the Scope of Services and Fees and in accordance with the target schedule.
The execution by Evoke of the role of Principal Designer under the Construction Design and Management Regulations 2015 will end at the same time our services conclude, unless otherwise agreed in writing in advance. To ensure clarity on this point, we will seek confirmation of your acceptance to proceed to the next stage of the project in writing (letter or email) at which time we will proceed with both our Evoke and Principal Designer service. At the time our involvement in the project terminates, we will provide or make available upon request, the pre-construction information of the project to that date. After which we will only undertake Designer duties under CDM 2015 on any advice given.
The duties of Evoke will be undertaken with reasonable skill and care.
The Client shall establish a project budget with reasonable contingencies that meets the project requirements. The project budget shall be established by the Client prior to Evoke proceeding with the Scope of Services and Fees.
Cost estimates – other than the indicative costs based on a meter squared rate, Evoke is not contracted to provide cost estimating services. The Client shall employ a contractor or construction cost estimating consultant to provide cost estimating services. Evoke and its consultants do not warranty, guarantee or certify the construction cost for the project or any part of the project.
Evoke assumes that the Client shall be the Project Representative, unless the Client notifies Evoke, in writing, that another Project Representative has been appointed within five (5) business days.
Compensation for the agreed works is set out below.
The attached proposal describes the tasks, phases and compensation terms. Terms of payment and invoices shall be submitted upon completion of a stage or on a monthly basis: percentage complete at that time; or hourly rate. Payments are due upon the Client’s receipt of invoice. Amounts that are unpaid fourteen (14) days after the invoice date will bear interest of eight present (8%) per year, over the dealing rate of the Bank of England Rate, current at the date that payment becomes overdue, together with such costs reasonably incurred by the payee (including costs of time spent by principals, employees and advisors) in obtaining payment of any sums due under this Agreement.
Additional Services and Costs
All additional services shall be approved by the Client and Evoke in writing prior to proceeding. The following are additional services that are not specified above and are considered beyond the basic Scope of Services and Fees:
The following activities do not form part of the Services unless identified as ‘Other Services’ in writing:
• Costing of the proposed works, other than a superficial costing based on an m² rate.
• Models and special drawings.
• Making submissions to and negotiating approvals by landlords, freeholders, etc.
• Preparing a schedule of dilapidations.
• Services in connection with Party Wall negotiations.
• Negotiating a price with a contractor (in lieu of tendering).
• Services in any dispute between the client and another party.
• Services following damage by fire and other causes.
• Services following suspension, termination of any contract or agreement with, or the insolvency of any other party, providing services to the project.
• Services in connection with the government and other grants.
• Master Planning.
• Redesign to meet project budget costs. The Client is responsible to establish project budget costs and obtain required cost estimates, other than indicative costs as set out in the Scope of Services and Fees.
• Interior Design Services.
• Landscape design services.
• Party representation in dispute or legal proceedings.
Fees for Additional Services
Evoke may provide additional services beyond those listed in the Scope of Services and Fees, by a negotiated sum or on an hourly basis. Evokes hourly rates are as follows (Unless specified above):
Architect / Director £55 per hour
Project Staff / Technician £37 per hour
Hourly rates specified above are valid for 1 calendar year (1 January – 31 December) and apply to all projects within that calendar year. These shall be reviewed annually and if deemed necessary, shall be increased on the first day of the subsequent year to reflect market conditions, employee benefits and salary compensation.
Reimbursable expenses shall include, but not be limited to: printing, reproductions, bulk copying, photographic services, long distance telephone calls, postage, shipping, delivery, long distance travel expenses, lodging, meals and/or other project related out-of-pocket expenses. Items shall be reimbursed to Evoke at cost plus two and a half percent (2.5%), unless a specific cost is listed below:
We would expect to incur and pass on to you a charge of approximately £30.00 (including VAT) to purchase Ordnance Survey data in order to prepare location plan drawings that are necessary for the Planning and Building Regulation applications. If the cost is more than this, this will be confirmed with the Client in advance of purchase.
We have informed you that it might be necessary to appoint other consultants throughout the project, to ensure completion of the design. For example these may include, but are not limited to, structural engineers, mechanical engineers, kitchen designers, landscape designers, interior design consultants, audio/video consultants, lighting designers, etc.
The above consultants will be engaged and paid directly by yourselves. We would of course help you to commission such consultants and would provide them with any information that they require.
The Client is responsible for the payment of all fees for statutory application, including but not limited to, all types of Planning and Listed Building Applications, Building Regulations Application etc.
Evoke shall own the copyright of the drawings and documents produced in performing the services and generally assert Evokes moral rights to be identified as the author of such work.
Providing that all fees and/or other amounts properly due are paid, the Client shall have a license to copy and use and allow other persons providing services to the project to copy and use the drawings and documents for purposes related to construction of the project or its subsequent use or sale; but may not be used for reproduction of the design for any part of any extension of the project or any other project. Evoke shall not be liable for any use of the drawings and documents other than for the purpose for which they were prepared. Reuse and/or modification of any such documents, without Evokes written permission, shall be at the Client’s sole risk, and the Client agrees to indemnify, and hold Evoke harmless from all claims, damages and expenses, including solicitor’s fees, arising out of such reuse and/or modification by the Client or by others acting through the Client.
No part of any design produced by Evoke may be registered by the Client without the written consent of Evoke.
Target and Cost
Evoke Architecture cannot guarantee that any target or budget cost, or the timetable will be met, particularly where approvals from other parties, such as planning permission, building regulation approval, listed building and conservation consent are required, nor the performance, work, or the products of others.
Evoke and its consultants shall have the right to photograph the project and to use the photographs in the promotion of their professional service through publication, advertising, public relations, brochures, websites, or other marketing media.
Evoke Architecture Limited shall maintain Professional Liability Insurance throughout the period of this Agreement. The maximum limit of our liability to the client in contract, tort or statutory duty for any one claim or series of claims arising from one event on this project is limited to the amount of your target cost for the building work and in any case limited to a total of £2,000,000. Any such liability will expire after six years from completion of the services (unless otherwise accepted by Evoke in writing). Professional Indemnity Insurance cover shall be maintained for this amount until the expiry of our liability. Certificates of insurance are available on request. Evoke and the Client waive consequential damage for claims, disputes and other matters in question arising out of or relating to this agreement.
Evoke shall not be responsible for the identification, removal, testing and/or certification of removal for any hazardous substance including, but are not limited to, PCB, petroleum, mould infestation, hazardous waste, asbestos, lead, and any other similar substances. Evoke and the Client acknowledge that the Scope of Services and Fees does not include any items related to a Hazardous Environmental Conditions.
The following Definitions shall apply for the purposes of this exclusion:
Fire Safety - shall mean Claim or Circumstance arising directly or indirectly from or in any way related to the fire safety of a building or structure, including but not limited to;
• fire compartmentation
• fire prevention or suppression
• the adequacy of fire escapes or means of escape
• the means of detection and warning
• any advice related to evacuation procedures
• any design or advice relating to fire spread via the “leapfrog effect”
• any design, advice or specification related to a building’s compliance with applicable rules and regulations governing fire safety
Cladding and Rain Screens – Evoke Architecture’s current professional indemnity insurance does not cover this method of construction and further clarification will need to be determined by our insurers should this type of construction be adopted.
Aluminium Composite Material - shall mean a type of panel that consists of two aluminium sheets bonded to a non-aluminium core
Unless you withdraw your consent, we will communicate with you and others, where appropriate, by email, but cannot be responsible for the security of correspondence sent by these means. It is your responsibility to check that an incoming email and attachments (if any) do not contain viruses.
Evoke aims to provide a professional standard of service, but if at any time you are not satisfied, please bring the issue to our attention as soon as possible and we can discuss how to resolve the issue. However, either of us can refer the matter to adjudication or the courts in accordance with the following:
In the event of any dispute or difference arising under the agreement, the parties may:
1. Attempt to settle the matter by negotiation or mediation; or,
2. Start court proceedings to settle the dispute at any time; or,
3. Have disputes decided within 21 days by an adjudicator appointed under an Adjudication Scheme for Consumer Contracts.
If appointed, the adjudicator may allocate between the parties the costs relating to the adjudication, including the fees and expenses of the adjudicator.
Below is a brief description of each method of dispute resolution:
– Mediation involves a third party helping the Parties to try to come to an agreement resolving their dispute. If successful, mediation can be less expensive than other methods of dispute resolution and is therefore encouraged by the courts. In mediation the Parties generally pay their own costs.
– Adjudication involves a third party providing an independent decision on the dispute and is available to the Parties if the Contract is a construction contract under the Housing Grants, Construction and Regeneration Act 1996. The decision is binding in law unless and until the dispute is determined by arbitration or litigation following referral by either Party. Adjudication is generally a faster process, but is not usually recommended for complex issues. The Parties pay their own costs unless they have agreed otherwise. The Adjudicator’s costs are allocated at the Adjudicator’s discretion, the greater part usually being allocated to the losing Party.
– Arbitration is a confidential process which is an alternative to litigation and involves a third party (or parties) delivering a final and binding decision. Arbitration can only involve two parties, unless there is an express agreement to the contrary, so it would not normally be appropriate for multiparty disputes.
– Litigation is an alternative to arbitration and involves a court delivering a final and binding decision. Litigation is public and decisions may be challenged in higher courts. The greater part of the costs are usually allocated to the losing Party.
If the Parties cannot reach agreement on a person to act as Mediator, Adjudicator or Arbitrator, either Party may apply for a nomination or appointment to be made by the Royal Institute of British Architects.
Further to the above the client can refer a complaint to Evoke Architectures internal complaints procedure, which will be provided upon request. The Client may also, or alternatively, refer a complaint to the appropriate professional body if the Architect/Consultant’s conduct or competence appears to fall short of the standards in the relevant code(s) of professional conduct. In Evokes instance this includes the ARB and RIBA.
If you are having work done on your own home, or the home of a family member, and it is not in connection with a business, you will be classed as a ‘domestic’ client. The only responsibility a domestic client has under CDM 2015 is to appoint a principal designer and a principal contractor when there is more than one contractor. However, if you do not do this, (as is common practice) your duties as a domestic client are automatically transferred to the contractor or principal contractor. If you already have a relationship with your designer before the work starts, the designer can take on your duties, provided there is a seperate written agreement between you and the designer to do so. For some construction work (work lasting longer than 30 days with more than 20 workers working at the same time, or involving 500 person days of work), you need to notify HSE of the project as soon as possible before construction work starts. In practice, you may request someone else to do this on your behalf. For further information please visit the HSE website or refer to the following document:
Suspension or Termination
The Client may suspend or end performance of the services and other obligations by giving at least 7 days’ written notice and stating the reason for doing so.
Evoke may suspend or end performance of the services and other obligations by giving at least 7 days’ written notice and stating the reason for doing so. Such reasons include, but are not limited to, the Client’s failure to pay any fees or other amounts due by the date when payment is due.
If the reason for a notice of suspension arises from a default:
1. Once remedied, Evoke shall resume performance of the services and other obligations within a reasonable period; or
2. Is not remedied by the defaulting party, the agreement will end by giving at least 7 days’ further written notice.
Where services are suspended by the Client and not resumed within 3 months, Evoke has the right to treat performance of the services affected as ended, on giving at least 7 days’ further written notice to the Client.
Consumer’s Right to Cancel
The Client (domestic client procuring works exclusively for their own use and not for commercial gain) has the right to cancel this agreement for any reason by delivering or sending (including by electronic mail) a cancellation notice to Evoke at any time, within the period of 7 days, starting from the date when this agreement was made.
The notice of cancellation is deemed to be served as soon as it is posted or sent to Evoke, or in the case of an electronic communication, on the day it is sent to Evoke.
If Evoke was instructed to perform any services before the agreement was made or before the end of the 7-day period and the instruction or instructions were confirmed in writing, Evoke is entitled to any fees and expenses due before Evoke receives the notice of cancellation
Clarification of terms
Brief means the latest statement of requirements for the Project issued or approved by the Client:
- At inception, any initial statement by the Client
- After clarification of the objectives, the Design Brief (or Output Specification); and
- Any subsequent development into the Project Brief.
The Brief shall include any information or drawings prepared by or on behalf of the Architect and approved by the Client during the development of the Brief.
Collaborate means to co-operate with and to provide to or receive from Other Persons information reasonably necessary, as and when requested, for performing the Services or for such Other Persons to carry out their work or services, to consider and, where competent to do so, to comment on such information.
Confidential information means all information relating to the Client’s and the Architect’s business and affairs which either party directly or indirectly or acquires from the other party or any representative of the other party either in writing or verbally.
Construction Cost means:
- The Client’s target cost for constructing the Project as specified in the Project Data or where no such amount is specified a fair and reasonable amount; or subsequently
- The latest professionally prepared estimate approved by the Client; or where applicable
- The actual cost of constructing the Project upon agreement or determination of a final account for the Project; and
Includes (without limitation)
- The cost as if new of any equipment and/or materials provided or to be provided by the Client to a contractor for installation during construction of the project;
- Any direct works carried out by or on behalf of the Client; and
- Provision for contractor’s profit and overheads; and
- Value Added Tax;
- The costs of resolution of any dispute;
- The Client’s legal and in-house expenses;
- Any loss and/or expense payments paid to a contractor;
- Any adjustments for any liquidated damages deducted by the Client.