Last edited 17 May 2017

Appointing an architect

1 Introduction
2 Finding an architect
3 ARB 4.4
4 Architect's obligations
5 Clients obligations
6 Standard forms of appointment
7 Fees
8 Find out more
- 8.1 Related articles on Designing Buildings Wiki

[edit] Introduction

The term ‘architect’ is protected by the Architects Act 1997. Only qualified individuals that are registered with the ARB can offer their services as architects. However, the same services can be provided by people that are not architects as long as they do not claim to be architects.

Very broadly, the roles performed by an architect might include:

Assisting the client to prepare a strategic brief.
Carrying out feasibility studies and options appraisals.
Advising on the need to appoint other professionals to the consultant team, independent client advisers, specialist designers and specialist contractors.
Advising on the procurement route.
Contributing to the preparation of a project brief.
Preparing the concept design.
Preparing the detailed design.
Preparing planning applications.
Preparing applications for statutory approvals.
Preparing production information.
Preparing tender documentation.
Contributing to the assessment of tenders.
Reviewing designs prepared by others.
Acting as contract administrator.
Inspecting the works.
Advising on the rectification of defects.

For more information see: Architect.

Some services will only be undertaken by an architect if they are specifically identified in their appointment documents, and otherwise they may not be included within the fee. These are described as 'other services' on some forms of appointment.

[edit] Finding an architect

Architects may be selected by a process of:

Recommendation, for example, one consultant may recommend others, which can save time for the client and make it easier to establish collaborative working practices (it is important to set out requirements for collaborative practices during the appointment procedure to ensure that the consultant team works effectively together throughout the project).
Research and interview.
Open competition (with or without design).
Selective competition (with or without design).
An existing relationship or framework agreement.

Search engines are available from the RIBA to help find architects:

[edit] ARB 4.4

The Architects Registration Board code of conduct requires that there is a written agreement before undertaking work which adequately covers:

the contracting parties;
the scope of the work:
the fee or method of calculating it;
who will be responsible for what;
any constraints or limitations on the responsibilities of the parties;
the provisions for suspension or termination of the agreement, including any legal rights of cancellation;
confirmation of adequate and appropriate insurance cover;
the existence of any Alternative Dispute Resolution schemes that the contract is subject to and how they might be accessed;
details of the architect’s complaints-handling procedure;
confirmation that the architect is registered with the Architects Registration Board and that they are subject to the code.

[edit] Architect's obligations

The architect has a duty of care:

To exercise reasonable skill, care and diligence in accordance with the normal standards of the architects profession in performing the services and discharging the architects obligations.
Provide adequate professional, financial and technical resources. [ARB 4.2]
A duty of care in tort.

A duty to inform:

The client about progress and any issues that may affect the brief, construction cost, programme or quality.
The client of the need to appoint others to perform work in connection with the project.

Collaboration:

To collaborate with others named in project data or who's appointment is foreseeable and to integrate information into thier work.

Authority:

To act on behalf of client in matters set out in agreement.
To seek client approval to amend design, terminate others employment or enter the client into contract with others.

[edit] Clients obligations

Information and decisions:

The client should supply an initial statement of requirements and priorities, a brief, construction cost and programme.
Provide all information in their possession or reasonably obtainable necessary for the proper and timely performance of services. The architect shall be able to rely upon this information.
Give decisions and approvals and take such action for the proper and timely performance of services.

Instructions:

If the architect has responsibility to direct/ coordinate or instruct others. Instructions should be issued through the architect. They will not be responsible for other instructions issued.

Time and Cost:

Acknowledge the architect doesn't warrant: planning permission to be granted / compliance with construction cost / programme for such matters as client variations and other factors beyond their control.

[edit] Standard forms of appointment

There are a range of standard forms of appointment available:

RIBA Standard Agreement 2010 (S- 10- A) – Architect.
RIBA Concise Agreement (C- 10- A) – Architect.
RIBA Domestic Project Agreement (D- 10- A) – Architect (when using intermediate or minor building contracts on domestic projects). An agreement with a consumer client is subject to the Unfair Terms in Consumer Contracts Regulations 1999.
RIBA Sub- Consultant Agreement (SC- 10) – where one consultant appoints another to perform part of their services.
RIBA Letter contract (domestic or commercial version) – for small works.
ACA SFA 2012: ACA Standard Form of Agreement for the Appointment of an Architect.
The CIC Consultant's Contract.

If a bespoke agreement is used:

This is a matter of professional principle, commercial judgment and negotiation.
Legal advice should be sought and the architect's insurers consulted.
It is important to check there is only a 'duty of care' provision and not 'fitness for purpose'.
It is important to check warranties / payment provisions, copyright / termination / disputes
The Housing Grants, Construction and Regeneration Act 1996 (Construction Act) will still apply as long as the client is not consumer client.
It should cover the same terms as the RIBA appointment to satisfy the code of conduct.