TERMS & CONDITIONS

1. Definitions & Interpretation

 

1.1 In these Terms and Conditions, the following words shall have the following meanings:

• ‘The Practice’, ‘We’, ‘Us’, ‘Our’: Lawson Architecture Limited, the party providing the professional services.

• ‘The Client’, ‘You’, ‘Your’: The person, firm or company entering into the Agreement for the provision of the Services.

• ‘The Agreement’: The contract between the Practice and the Client, comprising the Proposal Letter and these Terms and Conditions.

• ‘The Project’: The building project described in the Proposal Letter.

• ‘The Services’: The architectural services to be provided by the Practice as detailed in the Proposal Letter, which may be referenced to the RIBA Plan of Work 2020 stages.

• ‘The Proposal Letter’: The document setting out the scope, fees, and other key particulars of the appointment.

• ‘Fees’: The charges for the Services as set out in the Proposal Letter.

 

2. Basis of Contract

 

2.1 These Terms and Conditions, together with the Proposal Letter, constitute the entire agreement between the Practice and the Client. They supersede and extinguish all previous agreements, promises, and assurances.

2.2 The Client acknowledges that it has not relied on any statement, promise or representation not set out in this Agreement.

 

3. The Practice’s Responsibilities

 

3.1 We will perform the Services with reasonable skill, care, and diligence in accordance with the standards of the profession.

3.2 We will maintain appropriate professional indemnity insurance (PII) as detailed in Clause 10.

3.3 We will comply with our obligations under the Architects Code of Conduct and Practice.

 

4. The Client’s Responsibilities

 

4.1 You shall:

a) Provide a clear and comprehensive brief.
b) Provide all necessary information, instructions, and approvals in a timely manner.
c) Appoint other consultants (e.g., structural engineer, quantity surveyor) as required, and ensure they are properly coordinated.
d) Obtain all necessary consents, permissions, and licences from third parties, including but not limited to planning permission, building regulations approval, and party wall agreements. Unless those permissions are included in the Services provided to you by the Practice.
e) Make payments in accordance with Clause 7.

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5. Programme & Performance

5.1 Any programme, timetable, or target date provided by the Practice is an estimate only and is not a guaranteed completion date.

5.2 Time shall not be of the essence of this Agreement. The Practice will not be liable for any delay in performing the Services which is caused by factors beyond its reasonable control, including but not limited to:
a) Delays by the Client in providing information or instructions.
b) Delays by other consultants, statutory authorities, or utility companies.
c) Force Majeure events as defined in Clause 14.

 

6. Health & Safety (CDM Regulations 2015)

 

6.1 The Client has specific duties under the Construction (Design and Management) Regulations 2015 (CDM 2015). We recommend you read the HSE guide ‘A domestic/ commercial client’s guide to engaging an architect’. A copy of which is available to borrow at the Practice.

6.2 Unless explicitly stated in the Proposal Letter, the Practice is not appointed as the Principal Designer under CDM 2015. The Client must, by law, appoint a Principal Designer and a Principal Contractor where a project involves more than one contractor.

6.3 If the Practice is separately appointed in writing as Principal Designer, the specific services, responsibilities, and fees for that role will be set out in a separate appendix.

 

7. Fees & Payment

 

The Fees for the Services are as set out in the Proposal Letter. All Fees are subject to VAT at the prevailing rate.

7.1 The Practice shall be entitled to charge reasonable and foreseeable expenses incurred in connection with the Services. A schedule of common expenses (e.g., printing, travel at £0.45 per mile) is available on request.

7.2 Invoices shall be issued either at the end of specified stages, or as stage payments during the stage. Payment is due within 14 days of the invoice date.

7.3 If the Client fails to make any payment by the due date, the Practice may, without limiting its other rights and remedies:
a) Charge interest on the overdue amount at 8% per annum above the Bank of England's base rate.
b) Suspend all performance of the Services upon providing 7 days' written notice.
c) Charge all reasonable costs and expenses incurred in recovering the debt (including legal fees).

7.4 Any additional services requested by the Client, not included in the original scope, will be charged at the applicable hourly rate (as stated in the Proposal Letter) or a separate quotation can be requested and agreed in writing before the works proceed.

 

8. Intellectual Property

 

8.1 The Practice shall retain the entire copyright, intellectual property rights, and moral rights in all drawings, documents, designs, and electronic data produced in providing the Services.

8.2 Upon full payment of all Fees due, the Practice grants the Client a non-exclusive, non-transferable licence to copy and use the documents solely for the purposes of constructing, promoting, and maintaining this specific Project.

8.3 This licence does not permit the Client to use the designs for any extension, future project, or on a different site. The licence may not be assigned to any future owner, tenant, or other professional without the Practice's prior written consent (which may be subject to a further licence fee).

8.4 Any breach of this clause may result in the immediate revocation of the licence, and the Client shall be liable for additional fees commensurate with the commercial value of the unauthorised use.

 

9. Liability & Insurance

 

9.1 The Practice shall maintain Professional Indemnity Insurance (PII) with a limit of indemnity of not less than £350,000 for any one claim. Evidence of insurance is available on request.

9.2 Subject to clause 9.4, the total liability of the Practice to the Client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to £350,000 for any single claim or series of claims arising from the same originating cause within an overall cap of £1,000,000 for all claims.

9.3 This Agreement is a simple contract and shall be governed by the statutory limitation periods applicable to such contracts under the laws of England and Wales (typically 6 years, or 12 years if executed as a deed).

9.4 Nothing in this Agreement shall limit or exclude liability for: (a) death or personal injury resulting from negligence; (b) fraud or fraudulent misrepresentation; or (c) any other matter which cannot be lawfully limited or excluded.

 

10. Termination

 

10.1 Either party may terminate this Agreement by giving not less than 14 days' written notice to the other.

10.2 Either party may terminate this Agreement with immediate effect by giving written notice to the other party if:
a) The other party commits a material breach of its obligations and fails to remedy that breach within 14 days of receiving notice.
b) The other party becomes insolvent or enters administration.
10.3 Upon termination, the Client shall pay the Practice for all Services performed and expenses incurred up to the date of termination, calculated on a proportional basis.

 

11. Complaints & Dispute Resolution

 

11.1 The Practice is committed to providing a high standard of service. Any complaint should be raised with the Practice in writing as soon as possible.

11.2 If a dispute cannot be resolved directly, both parties agree to attempt to settle it by mediation in accordance with the RIBA Mediation Service, or another agreed mediator, before commencing legal proceedings.

11.3 The Practice is registered with the Architects Registration Board (ARB) and adheres to its Code of Conduct. Complaints of unacceptable professional conduct or serious professional incompetence can be referred to the ARB.

 

12. General

 

12.1 Third Parties: The Practice shall not be liable for the acts, omissions, or defaults of any other consultant, contractor, or supplier appointed by the Client (or appointed by the Practice on the Client’s behalf).

12.2 Assignment: The Client shall not assign, transfer, or subcontract any of its rights or obligations under this Agreement without the prior written consent of the Practice.

12.3 Force Majeure: Neither party shall be in breach of this Agreement nor liable for delay in performing, or failure to perform, any of its obligations if such delay or failure result from events, circumstances, or causes beyond its reasonable control.

12.4 Governing Law and Jurisdiction: This Agreement and any dispute or claim arising out of it shall be governed by and construed in accordance with the law of England and Wales. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.