Recitals

First

The Client wishes to have the following work outlined in the contract carried out at the Project site address(‘the Works) under the direction of the Architect/Contract Administrator referred to in Article 3;

Second

the Client has had the following documents prepared which show and describe the work to be done:

the drawings listed in   ('the Contract Drawings')

a Specification ('the Contract Specification’)

Work Schedules

which for identification have been signed or initialled by or on behalf of each Party; those documents together with this Agreement, the Conditions and, if applicable, a Schedule of Rates as referred to in the Third Recital (collectively 'the Contract Documents') are annexed to this Agreement.

Third

the Contractor has supplied the Client with a copy of the priced Contract Specification or Work Schedules or with a Schedule of Rates 

Fourth

for the purposes of the Construction Industry Scheme (CIS) under the Finance Act 2004, the status of the Client is, as at the Base Date, that stated in the Contract Particulars;

Fifth

for the purposes of the Construction (Design and Management) Regulations 2015 (the 'CDM Regulations') the status of the project that comprises or includes the Works is stated in the Contract Particulars;

Sixth

Where so stated in the Contract Particulars, this Contract is supplemented by the Framework Agreement identified in those particulars;

Seventh

whether any of Supplemental Provisions 1 to 6 apply is stated in the Contract Particulars;

Articles

Now it is hereby agreed as follows:

Article 1 Contractor's obligations

The Contractor shall carry out and complete the Works in accordance with the Contract Documents.

Article 2 Contract Sum

The Client will pay the Contractor at the times and in the manner specified in the Conditions the VAT-exclusive sum or such other sum as becomes payable under this Contract.

Article 3 Architect/Contract Administrator

For the purposes of this Contract the Architect/Contract Administrator is the individual named in the Contract or, if he ceases to be the Architect/Contract Administrator, such other person as the Client nominates (such nomination to be made within 14 days of the cessation). No replacement appointee as Architect and/or Contract Administrator shall be entitled to disregard or overrule any certificate, opinion, decision, approval or instruction given by any predecessor in that post, save to the extent that that predecessor if still in the post would then have had power under this Contract to do so.

Article 4 Principal Designer

The Principal Designer for the purposes of the CDM Regulations is the Architect/Contract Administrator or such replacement as the Client at any time appoints to fulfil that role.

Article 5 Principal Contractor

The Principal Contractor for the purposes of the CDM Regulations is the Contractor or such replacement as the Client at any time appoints to fulfil that role.

Article 6 Adjudication

If any dispute or difference arises under this Contract either Party may refer it to adjudication in accordance with clause 7.2.

Article 7 Arbitration

Where Article 7 applies, then, subject to Article 6 and the exceptions set out below, any dispute or difference between the Parties of any kind whatsoever arising out of or in connection with this Contract shall be referred to arbitration in accordance with Schedule 1 . The exceptions to this Article 7 are:

• any disputes or differences arising under or in respect of the Construction Industry Scheme or VAT, to the extent that legislation provides another method of resolving such disputes or differences; and

• any disputes or differences in connection with the enforcement of any decision of an Adjudicator.

Article 8 Legal proceedings

Subject to Article 6 and (where it applies) to Article 7, the English courts shall have jurisdiction over any dispute or difference between the Parties which arises out of or in connection with this Contract.

Conditions

Section 1 Definitions and Interpretation

1.1 Definitions

Unless the context otherwise requires or the Agreement or these Conditions specifically provide otherwise, words and phrases defined in the Agreement shall have the same meanings in these Conditions and the following words and phrases, where they appear in capitalised form in these Conditions, shall have the meanings stated or referred to below:

Advance Payment: an amount that the Client may pay to the Contractor in advance of the first Payment Certificate. It may be repaid in instalments as set out in the Contract Details.

Agreement: the Agreement to which these Conditions are annexed, including its Recitals, Articles and Contract Particulars.

All Risks Insurance: insurance which provides cover against any physical loss or damage to work executed and Site Materials and against the reasonable cost of the removal and disposal of debris and of any shoring and propping of the Works which results from such physical loss or damage but excluding the cost necessary to repair, replace or rectify:

1. property which is defective due to:

• wear and tear,

• obsolescence, or

• deterioration, rust or mildew;

2. any work executed or any Site Materials lost or damaged as a result of its own defect in design, plan, specification, material or workmanship or any other work executed which is lost or damaged in consequence thereof where such work relied for its support or stability on such work which was defective;

3. loss or damage caused by or arising from:

• any consequence of war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power, confiscation, commandeering, nationalisation or requisition or loss or destruction of or damage to any property by or under the order of any government de jure or de facto or public, municipal or local authority,

• disappearance or shortage if such disappearance or shortage is only revealed when an inventory is made or is not traceable to an identifiable event, or

• an Excepted Risk.

Architect /Contract Administrator: the person or organisation that the Client appoints to carry out the role described in clause 5 of the Contract.

Article: an article in the Agreement.

Business Day: any day which is not a Saturday, a Sunday or a Public Holiday.

CDM Regulations: the Construction (Design and Management) Regulations 2015.

Certificate of Practical Completion or Section Completion: a certificate that the Architect/ Contract Administrator issues to the Parties in accordance with clause 9.11.1 of the Contract.

Collateral Warranty: (where item X is selected in the Contract Details) a supporting agreement made under clause 23 of the Contract, whereby the Contractor warrants to a third party that it has complied with its obligations under the Contract.

Conditions: the clauses set out in sections 1 to 7, together with and including the Schedules hereto.

Construction Industry Scheme (or 'CIS'): see the Fourth Recital.

Construction Phase Plan: the plan referred to in regulation 2 of the CDM Regulations, including any updates and revisions.

Contract: the Agreement, Contract Details, Contract Conditions and all documents listed as Contract Documents in the Contract Details.

Contract Particulars: the particulars in the Agreement and there described as such, including the entries made by the Parties.

Contract Price: the amount that the Client shall pay to the Contractor for carrying out and completing the Works, calculated in accordance with clause 7 of the Contract. Note: The Contract Price may increase (or decrease) as a result of instructions given by the Architect/Contract Administrator.

Contractor's Persons: the Contractor's employees and agents, all other persons employed or engaged on or in connection with the Works or any part of them and any other person properly on the site in connection therewith, excluding the Architect/Contract Administrator, the Client, Client's Persons and any Statutory Undertaker.

Client's Persons: all persons employed, engaged or authorised by the Client, excluding the Contractor, Contractor's Persons, the Architect/Contract Administrator and any Statutory Undertaker.

Date for Completion: the date stated in the Contract Details(if applicable) by which the Contractor is obliged to achieve Practical Completion of the Works or a Section of the Works.

Excepted Risks: ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel, radioactive toxic explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof, pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speeds.

Force Majeure: an exceptional event or circumstance (see clause 9) which:

•   is beyond the control of the Parties

•   is not caused by either Party

•   neither Party could have reasonably foreseen when entering the Contract.

Interest Rate: a rate 5% per annum above the official bank rate of the Bank of England current at the date that a payment due under this Contract becomes overdue.

Interim (or Final) Payment Date: the date specified in clause 7 and in the Contract Details representing the date on which the amount of any payment due under the Contract is calculated and becomes due. The Interim (or Final) Payment Date corresponds with the 'Due Date' as described in the Housing Grants, Construction and Regeneration Act 1996 (as amended).

Interim Valuation Date: each date as specified by the Contract Particulars (against the reference to clause 4.3).

Joint Names Policy: a policy of insurance which includes the Client and the Contractor as composite insured and under which the insurers have no right of recourse against any person named as an insured, or recognised as an insured thereunder.

Liquidated Damages: a rate specified in the Contract Details, that may be deducted by the Client if the Contractor fails to complete the Works or a Section of the Works by the relevant Date for Completion.

Local or Public Authority: a body that is a 'contracting authority' as defined by the PC Regulations.

Material Breach: a Material Breach of the Contract means that there has been a failure to perform a major part of the Contract. This failure has to be serious enough to prevent the continuous progress of the Works so that the Contract cannot be completed. For example, a Material Breach could be:

• persistent failure to engage sufficient labour

• failure to comply with statutory obligations, particularly those regarding health and safety.

• any criminal act or evidence of corruption.

New Building Warranty: a warranty that provides Insurance for some defects, inferior materials or poor workmanship discovered after the Defects Fixing Period (see clause 21).

Partial Possession: when the Client takes over the use of part of the Works from the Contractor (see clause 9).

Parties: the Client and the Contractor together.

Party: either the Client or the Contractor.

Pay Less Notice: a notice that one Party may issue to the other, in accordance with clause 7, indicating an intention to pay less than the sum shown as due on a Payment Certificate or Payment Notice.

Payment Notice: a notice that the Contractor issues to the Client, in accordance with clause 7, showing the payment that the Contractor considers is due and how it was calculated.

PC Regulations: the Public Contracts Regulations 2015.

Practical Completion: when the Works or a Section of the Works is certified complete in accordance with clause 9.

Pricing Document: a document provided in accordance with the Contract and completed by the Contractor, to show a breakdown of the pricing of the Works. The Pricing Document may be used for the assessment of the cost of the ongoing Works, and also as the basis for calculating Interim Payments or valuing changes to the Contract Price.

Provisional Sum: includes a sum provided for work that the Client may or may not decide to have carried out, or which cannot be accurately specified in the Contract Documents.

Public Holiday: Christmas Day, Good Friday or a day which under the Banking and Financial Dealings Act 1971 is a bank holiday.

Recitals: the recitals in the Agreement.

Rectification Period: the period stated as such period in the Contract Particulars (against the reference to clause 2.10).

Scheme: Part 1 of the Schedule to The Scheme for Construction Contracts (England and Wales) Regulations 1998.

Site Materials: all unfixed materials and goods delivered to and placed on or adjacent to the Works which are intended for incorporation therein.

Specified Perils: fire, lightning, explosion, storm, flood, escape of water from any water tank, apparatus or pipe, earthquake, aircraft and other aerial devices or articles dropped therefrom, riot and civil commotion, but excluding Excepted Risks.

Statutory Requirements: any statute, statutory instrument, regulation, rule or order made under any statute or directive having the force of law which affects the Works or performance of any obligations under this Contract and any regulation or bye-law of any local authority or statutory undertaker which has any jurisdiction with regard to the Works or with whose systems the Works are, or are to be, connected.

Statutory Undertaker: any local authority or statutory undertaker where executing work solely in pursuance of its statutory obligations, including any persons employed, engaged or authorised by it upon or in connection with that work.

VAT: Value Added Tax.

Works Insurance Policy: the Joint Names Policy or policies covering the Works and Site Materials to be effected and maintained under whichever of clauses 5.4A, 5.4B and 5.4C applies.

Agreement etc. to be read as a whole

1.2 The Agreement and these Conditions are to be read as a whole. Nothing contained in the Contract Drawings, the Contract Specification, the Work Schedules or the Client’s Requirements, nor anything in any Framework Agreement, shall override or modify the Agreement or these Conditions.

Headings, references to persons, legislation etc.

1.3. In the Agreement and these Conditions, unless the context otherwise requires:

1. the headings, notes and footnotes are included for convenience only and shall not affect the interpretation of this Contract;

2. the singular includes the plural and vice versa;

3. a gender includes any other gender;

4. a reference to a 'person' includes any individual, firm, partnership, company and any other body corporate; and

5. a reference to a statute, statutory instrument or other subordinate legislation ('legislation') is to such legislation as amended and in force from time to time, including any legislation which re-enacts or consolidates it, with or without modification, and including corresponding legislation in any other relevant part of the United Kingdom.

Reckoning periods of days

1.4  Where under this Contract an act is required to be done within a specified period of days after or from a specified date, the period shall begin immediately after that date. Where the period would include a day which is a Public Holiday that day shall be excluded.

Contracts (Rights of Third Parties) Act 1999

1.5 Notwithstanding any other provision of this Contract, nothing in this Contract confers or is intended to confer any right to enforce any of its terms on any person who is not a party to it.

Notices and other communications

1.6   1.    Each notice, instruction or other communication referred to in the Agreement or these Conditions shall be in writing.

         2.   Unless otherwise stated in these Conditions, any notice or other communication under this Contract may be given to or served on the recipient by any effective means at the address specified in the Agreement or such other address as he shall notify to the other Party. If no such address is then current, the notice or other communication shall be treated as effectively given or served if addressed and sent by pre-paid post to the recipient's last known principal business address or (where a body corporate) its registered or principal office.

Consents and approvals

1.7     1.  Where consent or approval of either Party or the Architect/Contract Administrator is expressly required under these Conditions and is requested, then, except as provided in clause 1.7.2, such consent or approval shall not be unreasonably delayed or withheld.

        2.  In the following cases the giving of consent or approval shall be at the sole discretion of the Party from whom it is sought and clause 1.7.1 shall not apply, namely the Client’s consent under clause 2.10 and either Party's consent under clause 3.1.

General Interpretation

1.8. The provisions of the Contract continue to bind the Client, Contractor and the Architect/Contract Administrator as long as is necessary to give effect to the Parties’ respective rights and obligations.
1.9. The Contract supersedes any previous agreement or arrangements between the Client, Contractor and the Architect/Contract Administrator in relation to the Services (whether oral or written) and represents the entire agreement between the Client and the Architect/Contract Administrator in relation to the Services.
1.10. All additions, amendments, and variations to the Contract shall be binding only if in writing and signed by the duly authorised representatives of the Client, Contractor and the Architect/Contract Administrator.
1.11. No addendum or amendments requested by the client or the Contractor will form part of this contract.
1.12. The Client, Contractor and the Architect/Contract Administrator shall not claim to have relied upon any statements or representations made by the other Party other than those set out in the Contract.
1.13. If any clause or part of any clause of the Contract is ruled by the courts or declared to be invalid or unenforceable in any way, it shall be severed from the Contract and this shall not affect any other clause of the Contract, nor the validity of the remaining clauses of the Contract, which shall remain in full force.
1.14. Any modifications or changes to the terms of this contract must be agreed upon by both parties in writing and signed by authorised representatives.

1.15. Subject to clause 3.2 of the Contract Conditions, to the extent that either Party processes personal data, as part of the Contract, the Party undertakes to do so in compliance with the General Data Protection Regulation (GDPR) and to keep such personal data in a secure technological environment. 

Applicable law

1.16.   The Contract is subject to the law of England and Wales and the Parties submit to the exclusive jurisdiction of the courts of England and Wales.

Section 2 Definitions and Interpretation

Contractor's obligations

2.1   1. The Contractor shall carry out and complete the Works in a proper and workmanlike manner and in compliance with the Contract Documents, the Construction Phase Plan and Statutory Requirements, and shall give all notices required by the Statutory Requirements. 

  2. Insofar as the quality of materials or standards of workmanship are stated to be a matter for the Architect/Contract Administrator’s approval, such quality and standards shall be to his reasonable satisfaction. 

  3. The Contractor shall take all reasonable steps to encourage Contractor's Persons to be registered cardholders under the Construction Skills Certification Scheme (CSCS) or qualified under an equivalent recognised qualification scheme.

Commencement and completion

2.2  The Works may be commenced on and shall be completed by the respective dates stated in the Contract Particulars.

Architect/Contract Administrator's duties

2.3 The Architect/Contract Administrator shall issue any further information and instructions necessary for the proper carrying out of the Works and all certificates required by these Conditions.

Correction of inconsistencies

2.4  Any inconsistency in or between the Contract Drawings, the Contract Specification, the Work Schedules and the Client’s Requirements shall be corrected and any such correction which results in an addition, omission or other change shall be treated as a variation under clause 3.6.1.

Divergences from Statutory Requirements

2.5   1.   If the Contractor becomes aware of any divergence between the Statutory Requirements and the Contract Documents or between the Statutory Requirements and any instruction from the Architect/Contract Administrator, he shall immediately notify the latter, specifying the divergence.

       2.   Provided the Contractor is not in breach of clause 2.5.1, the Contractor shall not be liable under this Contract if the Works (other than the CDP Works) do not comply with the Statutory Requirements to the extent that the non-compliance results from the Contractor having carried out work in accordance with the Contract Documents or the Architect/Contract Administrator's instructions.

Fees or charges legally demandable

2.6   The Contractor shall pay any fees or charges (including any rates or taxes) legally demandable under any of the Statutory Requirements. Such fees and charges shall not be reimbursable to the Contractor by the Client unless otherwise agreed.

Extension of time

2.7  If it becomes apparent that the Works will not be completed by the Date for Completion as stated in the Contract Particulars or as later fixed under this clause 2.7, the Contractor shall thereupon notify the Architect/Contract Administrator. Where that delay occurs for reasons beyond the control of the Contractor, including compliance with Architect/Contract Administrator's instructions that are not occasioned by a default of the Contractor, the Architect/Contract Administrator shall give such extension of time for completion as may be reasonable and notify the Parties accordingly. Reasons within the control of the Contractor include any default of the Contractor, of any Contractor's Person or of any of their respective suppliers of goods or materials for the Works.

Damages for non-completion

2.8  1. If the Works are not completed by the Date for Completion as stated in the Contract Particulars or as later fixed under clause 2.7, the Client may require the Contractor to pay or allow to the Client liquidated damages at the rate stated in the Contract Particulars between such Date for Completion and the date of practical completion.

       2. Subject to clause 2.8.3, the Client may deduct the liquidated damages from any sum due to the Contractor under this Contract (provided a notice of that deduction has been given under clause 4.5.4) or recover those damages from the Contractor as a debt.

3. If the Client intends to deduct any such damages from the sum stated as due in the final certificate or thereafter recover them as a debt, he shall additionally notify the Contractor of that intention not later than the date of issue of the final certificate.

Practical completion

2.9  The Architect/Contract Administrator shall certify the date when in his opinion the Works have reached practical completion and the Contractor has complied sufficiently with clauses 3.9 in respect of the supply of documents and information.

Defects

2.10  If any defects, shrinkages or other faults in the Works appear within the Rectification Period due to materials, goods or workmanship not in accordance with this Contract the Architect/Contract Administrator shall not later than 14 days after the expiry of the Rectification Period notify the Contractor who shall make good such defects, shrinkages or other faults entirely at his own cost unless the Architect/Contract Administrator with the Client’s consent instructs otherwise. If he instructs otherwise, an appropriate deduction may be made from the Contract Sum.

Certificate of making good

2.11   When in his opinion the Contractor's obligations under clause 2.10 have been discharged, the other Architect/Contract Administrator shall forthwith issue a certificate specifying the date they were discharged.

Contacting Each Other.
2.5. If you can’t find what you’re looking for please contact us by visiting our website www.architecturenorth.co.uk or by contacting us by telephone at 07548 835 723. We will need to verify your identity before we can speak to you about your account. If the person contacting us is not the account holder we can only provide limited information. If you want to write to us, or if any paragraph in your agreement requires you to give us written notice, you can do this at www.architecturenorth/contactus or by post to Architecture North Ltd, Archway Court, Studio One, Nottingham, NG7 4AP.
2.6. If we need to contact you, we’ll use your billing address, email address, mobile or fixed telephone number, or any other method requested by you. If we have to give you written notice, we’ll do so by email, SMS, hand, or pre-paid post to the address or telephone number you’ve provided us.
2.7. Data protection rules prevent us from discussing your project with anyone other than yourself, unless they are named as a 'nominee' on your project agreement.
3.4. You can add a new contact or nominee to your agreement at any time by completing this form: https://www.architecturenorth.co.uk/clients-area/client-requests/nominated-person
3.5. Adding a nominee allows them to speak and make changes to your project on your behalf.
3.6. Nominees have no legal rights and your agreement remains in your name as the lead client.
3.7. Without a nominee named on your agreement, we are unable to discuss your project with anyone other than yourself, even in unforeseen circumstances.
3.8. The Client or Appointed Nominee shall create a project password to secure their account.
3.9. The password must be in the following format;
3.9.1. The first initial of the client's first name and the first initial of the client's surname (both in uppercase).
3.9.2. Immediately followed by the day, month, and year of the client's birth
3.9.3. The client and appointed nominee acknowledges that their project password is for their protection and must be kept confidential.
3.9.4. The Architect/Consultant shall not be liable for any unauthorised access to the Client's account resulting from the Client's failure to keep their password confidential.
3.10. All emails from Architecture North Ltd will be deemed to be delivered immediately.
3.11. If the Architect/Consultant sends an email to the Client using blind carbon copy (BCC) and the Client is included in the BCC field, the Client agrees not to respond to the email or otherwise disclose their inclusion in the BCC field to any other party, as this may compromise the confidentiality of the email.
3.11.1. Replying to a BCC email can create confusion and disrupt the communication flow between the original sender and the other recipients.
3.11.2. Responding to a BCC email may compromise the original sender's ability to uphold confidentiality and may lead to a loss of trust.
3.11.3. When included within a BCC email you are not expected to reply or contribute to the original thread, as is can damage the professional relationship between the parties involved.
3.12. All notice or documents from Architecture North Ltd will be deemed to be delivered immediately if delivered by hand, or 48 hours after posting.
3.13. Notices given by SMS or email will be deemed to be delivered immediately when they’re sent.
3.14. We, our representatives, may monitor or record your communications:
3.14.1. For business purposes, such as quality control and training.
3.14.2. To prevent unauthorised use of our systems.
3.14.3. To ensure effective systems operation; and
3.14.4. In order to prevent or detect crime.

4. Client’s Responsibilities.
4.1. The Client shall:
4.1.1. Inform the Architect/Consultant of the Project Brief, Construction Cost, the Project Programme, and the Services required and of any subsequent changes required, and agree with steps to mitigate the consequences.
4.1.2. Provide to the Architect/Consultant, free of charge, the information in the Client’s possession, or which is reasonably obtainable, and which is necessary for the proper and timely performance of the Services, and the Architect/Consultant shall be entitled to rely on such information.
4.1.3. Make decisions and give approvals as necessary for the proper and timely performance of the Services.
4.1.4. The Client shall be responsible for reviewing and approving all documents, including but not limited to plans, specifications, and other deliverables, produced by the Architect/Consultant during the course of the project.
4.1.5. The Client shall promptly sign all Client Approval Forms presented by the Architect/Consultant indicating approval of the work performed.
4.1.6. The Architect/Consultant shall not be held liable for any delays or errors resulting from the Client's failure to timely approve or sign Client Approval Forms.
4.1.7. The Client understands that the Architect/Consultant may pause the project if there is no progress or updates from the Client in a period of two months.
4.1.7.1. The Client will be notified in writing of the pause and will have 30 days to respond
4.1.7.2. If the Client fails to respond or does not provide the necessary information or feedback within the given timeframe, the Architect/Consultant may terminate the contract without liability for any loss or damage suffered by the Client.
4.1.8. It is the Client’s responsibility to appoint or otherwise engage any Other Client Appointments required to perform work or services under separate agreements and require them to collaborate with the Architect/Consultant.
4.1.8.1. The Client shall confirm in writing to the Architect/Consultant the work or services to be performed by any Other Client Appointments.
4.1.9. The Client acknowledges that they have the right to appoint third-party consultants of their choice for their Project.
4.19.1. In such cases, it shall be the sole responsibility of the Client to provide the appointed third-party consultants with any requested information or documentation
4.1.9.2. The Architect/Consultant shall not be liable for any delay, deficiency, or error caused by such third-party consultants.
4.1.10. The Client acknowledges they cannot hold the Architect/consultant accountable for the Other Client Appointments, and not the Architect/Consultant, responsible for the proper carrying out and completion of the work or services entrusted to them under any Other Client Appointments.
4.1.11. Hold the Contractor(s) appointed to undertake construction works, and not the Architect/Consultant, responsible for the proper carrying out and completion of construction works in compliance with the Building Contract.
4.1.12. Where the Architect/Consultant is appointed as Contract Administrator for the Building Contract, not deal with the Contractor(s) directly or interfere with the Architect/Consultant’s duties under the Building Contract.
4.1.13. Not hold the Architect/Consultant responsible for any instructions issued by the Client to the Other Client Appointments or Contractor.
4.1.14. Pay any statutory charges and any fees, expenses, and disbursements in respect of any obligations for planning, building control, and other consents.
4.2. The Client may issue reasonable instructions to the Architect/Consultant. The Client’s named representative, as indicated in the signed Project Initiation of the Contract Details, shall have full authority to act on behalf of the Client for all purposes in connection with the matters set out in the Contract.
4.4. The Client acknowledges that the Architect/Consultant does not warrant:
4.4.1. That planning permission and other approvals from third parties shall be granted at all or, if granted, will be granted in accordance with any anticipated timescale.
4.4.2. That the Architect/Consultant cannot influence nor cannot control how planning case officers, local authority planning departments, parish councils or third parties conduct themselves in relation to the project.
4.4.3. The Architect/Consultant cannot control natural disasters, or weather conditions that may impact the project.
4.4.4. Compliance with any Project Programme and Construction Cost, which may need to be reviewed for, but not limited to:
(a) variations instructed by the Client.
(b) fluctuations in market prices.
(c) delays caused by any Other Client Appointments, the Contractor, or any other factor that is not the responsibility of the Architect/ Consultant under the Contract.
(d) the discovery at any time of previously unknown conditions which were not reasonably foreseeable at the date of the Contract.
(e) natural disasters, or weather conditions that may impact the Contract.
4.4.5. The competence, performance, work, services, products, or solvency of any Other Client Appointments or the Contractor.
4.5. The Client shall not disclose Confidential Information unless:
4.5.1. Disclosure is necessary to take professional advice in relation to the Contract or the Services.
4.5.2. It is already in the public domain other than due to wrongful use or disclosure by the Client.
4.5.3. Disclosure is required by law or because of disputes arising out of or in connection with the Contract.

5. Architect/Consultant’s Responsibilities.
5.1. In the performance of the Services, and discharging all the obligations under the Contract, the Architect/Consultant will exercise the reasonable skill, care, and diligence to be expected of an Architect/Consultant experienced in the provision of such services for projects of a similar size, nature, and complexity to the Project. Notwithstanding anything that may appear elsewhere to the contrary, whether under this Contract or otherwise, the Architect/Consultant’s duties and obligations shall be deemed to be subject to the exercise of such reasonable skill, care, and diligence, and nothing contained in this Agreement or elsewhere shall be construed as imposing on the Architect/Consultant any greater duty than the exercise of such reasonable skill, care, and diligence.
5.2. The Architect shall not be responsible for any works or services performed, or costs incurred by the Client, or any third party that are outside the scope of the approved architectural quotation.
5.3. Any additional works or services required by the Client that fall outside the approved quotation must be agreed upon in writing by both parties and shall be subject to a separate fee and timeline.
5.4. The Architect/Consultant shall not be held liable for any delays or errors resulting from the Client's failure to timely approve or sign Client Approval Forms.
5.5. The Architect/Consultant shall:
5.5.1. Perform the Services with due regard to the Project Brief in Project Initiation only of the Contract Details.
5.5.2. Inform the Client of progress in the performance of the Services and, upon becoming aware, of any issue that may materially affect the Project Brief, Project Programme, Construction Cost or quality of the Project, and any information, decision, or action required in mitigation.
5.5.3. Inform the Client of a need to make any Other Client Appointments to perform work in connection with the Project and/or any information, decision, or action required from the Client or Other Client Appointments in connection with the performance of the Services.
5.5.6. Collaborate with any Other Client Appointments named in the Contract Details or any other parties who might reasonably be expected to perform work or services and, where indicated in the Services, the Architect/Consultant shall co-ordinate relevant information received from such persons with the Architect/ Consultant’s design, but the Architect/ Consultant shall not be responsible for the content of the information received.
5.5.7. Make no material alteration to the Services or the approved design without the prior written consent of the Client, except in an emergency, whereupon the Architect/Consultant shall confirm such actions to the Client without delay.
5.6. The Architect/Consultant shall have the right to publish photographs of the Project. Subject to the approval of the Client, the Architect/Consultant shall have reasonable access to the Project for up to 2 years after Practical Completion. The Architect/Consultant shall obtain written consent from the Client, which shall not be unreasonably withheld or delayed, before the publication of any information about the Project, unless reasonably necessary for the performance of the Services.
5.8. The Architect/Consultant acknowledges and agrees that in the course of providing services to the Client, the Architect/Consultant may come into possession of confidential information relating to the Client's business or affairs.
5.8.1. The Architect/Consultant agrees to keep all such information confidential and not to disclose any of it to any third party without the prior written consent of the Client.
5.8.2. The Architect/Consultant agrees not to disclose any confidential information about other clients' projects to the Client without the prior written consent of such other clients.
5.8.3. The Architect/Consultant shall take all necessary measures to ensure the confidentiality and security of all confidential information provided by the Client or any other clients.
5.8.4. This obligation of confidentiality shall survive the termination or expiration of this Agreement and shall continue indefinitely.
5.9. The Architect/Consultant shall not disclose Confidential Information unless:
5.9.1. Disclosure is necessary for the proper performance of the Services, or in order to take professional advice in relation to the Contract or the Services, or in order to obtain/maintain insurance coverage as required by the Contract.
5.9.2. It is already in the public domain other than due to wrongful use or disclosure by the Architect/Consultant.
5.9.3. Disclosure is required by law or because of disputes arising out of or in connection with the Contract.

6. Appointment Booking Conditions.
6.1. Should you choose to appoint Architecture North Ltd for your project, you will be required to schedule a first project appointment. This appointment will be charged at £110.00, in addition to any necessary travel and mileage expenses incurred.
6.2. Strictly no refunds will be given for any payments made for appointments or expenses incurred.
6.3. All appointment bookings must be made in advance, and are subject to availability.
6.4. A fee of £110.00 will be charged for each appointment, in addition to any necessary travel and mileage expenses incurred.
6.5. Payment for the appointment must be received in full before the scheduled appointment date.
6.6. If payment is not received by the scheduled appointment date, we reserve the right to terminate the scope of services and discontinue the work.
6.7. Any changes or cancellations to the scheduled appointment must be made at least 24 hours in advance or a cancellation fee may apply.
6.8. In the event of a no-show or last-minute cancellation, the full appointment fee will be charged.  Strictly no refunds.
6.9. These terms and conditions are subject to change without notice and it is the responsibility of the client to review them before making a booking.
6.10. By making a booking, the client agrees to these terms and conditions.
6.11. If you have any questions regarding these terms and conditions, please contact us before making a booking.
6.12. These appointment terms and conditions shall be governed by and construed in accordance with the laws of England and Wales.

7. RIBA Work Stage 0: Strategic Definition.
RIBA Work Stage 0: Strategic Definition is the initial stage of the project where the objectives, feasibility, and potential risks are identified.
7.1. If Architecture North Ltd has not been appointed for this scope of work, administration costs will be charged to undertake this scope of work.
7.2. The Client shall engage the services of the Architect/Consultant to provide the architectural services for RIBA Work Stage 0 as set out within the Project Acceptance Document.
7.3. The Architect/Consultant shall provide the following services for RIBA Work Stage 0:
(a). Consult with the client to establish the project brief.
(b). The Client shall inform the Architect/Consultant of their project budget.
(c). Conduct a feasibility study which is undertaken at your project quotation stage, to assess the viability of your project.
(d). Where applicable, prepare an initial design concept, and sketches to illustrate the proposed design.
(e). Provide advice and assistance in obtaining necessary approvals and permits; The Client acknowledges that the Architect/Consultant does not warrant that planning permission and other approvals from third parties shall be granted at all or, if granted, will be granted in accordance with any anticipated timescale.
7.4. Under domestic scale projects a full strategic definition report is not applicable, therefore the report would suffice for the client’s quotation documentation.
7.5. Under a standard or concise contract the Architect/Consultant shall provide the following deliverables for RIBA Work Stage 0:
7.5.1. Feasibility study report.
7.5.2. Initial design concept and sketches.

8. RIBA Work Stage 1: Preparation and Brief.
RIBA Work Stage 1: Preparation and Brief is the stage of the project where the project brief is developed, and the initial design concepts are explored.
8.1. If Architecture North Ltd has not been appointed for this scope of work, administration costs will be charged to undertake this scope of work.
8.2. The Client shall engage the services of the Architect/Consultant to provide the architectural services for RIBA Work Stage 1 as set out within the Project Acceptance Client Approval.
8.3. The Architect/Consultant shall provide the following services for RIBA Work Stage 1:
(a). Develop and refine the Client’s project brief,
(b). Where applicable the Architect/Consultant will prepare an existing detailed schedule of works in CAD, BIM, or other proprietary software drawings and documents relevant to the scale of works.
(c). Prepare outline proposals to illustrate the proposed design, and establish the design principles for the project.
(d). Provide advice and assistance in obtaining necessary approvals and permits; The Client acknowledges that the Architect/Consultant does not warrant that planning permission and other approvals from third parties shall be granted at all or, if granted, will be granted in accordance with any anticipated timescale.
(e). Prepare initial cost plans to establish the budget for the project.
(f). Identify any potential risks and provide recommendations for risk management.
8.4. These deliverables where applicable to the project shall be issued with RIBA Work Stage 2 Concept Design Meeting.

9. RIBA Work Stage 2: Concept Design.
RIBA Work Stage 2: Concept Design is the stage of a construction project where the initial design concepts are developed and refined into a cohesive concept design.
9.1. If Architecture North Ltd has not been appointed for this scope of work, administration costs will be charged to undertake this scope of work.
9.2. The Client shall engage the services of the Architect/Consultant to provide the architectural services for RIBA Work Stage 2 as set out within the Project Acceptance Client Approval.
9.3. The Architect/Consultant shall provide the following services for RIBA Work Stage 2:
(a). Develop, and refine the design proposals and prepare the concept design to meet the Clients’ project brief.
(b). Undertake client project revision requests as outlined in clause 9.
(c). Walk through the design in true 1:1 scale using CAD, BIM, or other proprietary software drawings and documents relevant to the scale of works to outline and justification for the overall design approach.
(d). To record all design meetings for your personal project records.
9.4. The Client shall promptly sign off the Client Approval RIBA Work Stage 2 Sign-Off Form presented by the Architect/Consultant indicating approval of the work performed.
9.5. The Architect/Consultant shall not be held liable for any delays or errors resulting from the Client's failure to timely approve or sign Client Approval Forms.
9.6. Clients within RIBA Work Stage 2 project revisions are subject to the revisions outlined in their approved quotation, including points 7.5.1, 7.5.2, 7.5.3, 7.5.4, 7.5.5, 7.6.1, 7.6.1.2, 7.6.1.3, and 7.6.1.4.
9.7. Upon the client's approval of RIBA Work Stage 2, all allocated revision requests within the client-approved quotation will be considered closed.
9.8. The Architect/Consultant shall instruct and undertake any additional requests within the Client Approval RIBA Work Stage 3 Sign-Off Form within 5 business days.
9.9. The client understands an invoice will be raised for the additional approved scope of works.

10. RIBA Work Stage 3: Spatial Coordinated/Developed Design.
RIBA Work Stage 3: Spatial Coordinated/Developed Design is the stage, where the design of the project is in greater detail, taking into consideration the client's requirements and budget, site conditions, and any necessary statutory requirements.
10.1. If Architecture North Ltd has not been appointed for this scope of work, administration costs will be charged to undertake this scope of work.
10.2. The Client shall engage the services of the Architect/Consultant to provide the architectural services for RIBA Work Stage 3 as set out within the Project Acceptance Client Approval.
10.3. The architect will ensure that the design complies with all relevant statutory requirements, including planning requirements.
10.4. The Client shall promptly sign off the Client Approval RIBA Work Stage 3 Sign-Off Form presented by the Architect/Consultant indicating approval of the work performed.
10.5. The Architect/Consultant shall not be held liable for any delays or errors resulting from the Client's failure to timely approve or sign Client Approval Forms.
10.6. The Architect/Consultant shall instruct and undertake any additional requests within the Client Approval RIBA Work Stage 3 Sign-Off Form within 5 business days.
10.7. The client understands an invoice will be raised for the additional approved scope of works.

11. Local Authority Planning/Permitted Development Submission
A Local Authority Planning / Permitted Development Submission is a process that property owners or developers must follow to obtain planning permission from their local planning authority for any proposed development or change to an existing property.
Permitted Development is a type of development that can be undertaken without requiring full planning permission. However, there are certain limitations and conditions that must be met to ensure that the development meets specific criteria and does not have a negative impact on the surrounding area. Some examples of permitted development include minor home improvements, certain extensions, and changes of use.
If a development does not fall under permitted development, then a planning application must be submitted to the local planning authority.
11.1. Where the client has requested Architecture North Ltd to undertake Local Authority Planning / Permitted Development Submission, the client understands that upon receipt of planning validation for this scope of works will incur the relevant local authority planning application fees, standing charges, and ordnance survey open data maps which are separate to the Architects/Consultants fees.
11.2. Should the Architect/Consultant receive invalidation from the local authority planning department, the Architect/Consultant will undertake the amendments at no additional cost to the client.
11.3. As a minimum the Architect/Consultant must provide the following documents for your planning application to be valid: https://www.planningportal.co.uk/planning/planning-applications/how-to-apply/what-to-submit
11.3.1. The standard application form.
11.3.2. Most planning applications require two plans to be submitted as supporting documents:
(a). Location plan – which shows the site area and its surrounding context.
(b). Site Plan is known as a block plan –  which shows the proposed development in detail.
(c). An ownership certificate A, B, C, or D must be completed stating the ownership of the property.
(d). Agricultural holdings certificate – this is required whether or not the site includes an agricultural holding. All agricultural tenants must be notified prior to the submission of the application.
(e). Design and access statement (if applicable to the project scale) – this should outline the design principles and concepts that have been applied to the proposed development and how issues relating to access to the development have been dealt with.
(f). Fire Statement (if required) – From 1 August 2021, full planning applications involving buildings that are at least 18 metres (or 7 stories) tall and containing more than one dwelling will require a Fire Statement. There are some exemptions. View government planning guidance on fire statements or access the fire statement template and guidance.
(g). The correct application fee.
11.4. The Client acknowledges that the Architect/Consultant does not warrant:
11.4.1. That planning permission and other approvals from third parties shall be granted at all or, if granted, will be granted in accordance with any anticipated timescale.
11.4.2. That the Architect/Consultant cannot influence nor cannot control how planning case officers, local authority planning departments, parish councils, building control departments, approved inspectors, or third parties conduct themselves in relation to the project.
11.5. The client understands that all planning applications and permitted development applications are non-refundable.

Local Authority Planning/Permitted Development Extension of Time Applications.
A Local Authority Planning/Permitted Development Extension of Time Application is a request from the planning case officer. They must be agreed upon after the application has been submitted, but before the statutory period has expired.
Extension of time applications allow for an agreed path, and extra time for dealing with issues, and obstacles that emerge whilst the application is being considered.
11.6. All extension of-time applications need to be made before the statutory period has expired.
11.7. If the local authority has not requested an extension of-time application within the statutory time period, the Client has the right to appeal if the local planning authority does not make a decision within the statutory time period as outlined within clause 11.24.
11.8. With your previous planning permission invoice from the Architect/Consultant, they will have allocated a timeframe that accommodates the Architect/Consultant to undertake the professional scope of services to deliver and manage your planning application. 
11.9. By authorising your planning case officer an extension of time, will incur additional fees from the Architect/Consultant, as we would not have forecasted mitigated circumstances with your local authority.
11.10. Within your approval to authorise your extension of time application, you have agreed to your planning case officers additional time to consider the planning application
11.11. This means the Architect/Consultant needs to allocate additional time to undertake your consultation and liaison with your planning case officer. 
11.12. Therefore, the Architect/Consultant need to allocate additional time and resources for your project as this application is no longer running the prescribed government timeframe for planning applications. 
11.13. Should your planning case officer request amendments to your planning application, you will make an informed decision on how you would like to proceed with your application, by selecting one of the five options through our client portal: https://www.architecturenorth.co.uk/clients-area/extension-of-time
11.14. Full details on planning application and permitted development extension of time applications fees can be found by following our disbursements: https://www.architecturenorth.co.uk/digital-contracts/disbursements
11.15. By amending your drawings within this work stage the Client understands this will raise a relevant invoice for your scope of services, under the agreed disbursement rates.
11.16. Should your planning case officer request amendments to your planning application, and you choose to withdraw your application from the Planning Portal, you will not receive a refund for this scope of services, as time and dedication is required to undertake your requests of withdrawing the application from the system.
11.17. The Client acknowledges that the Architect/Consultant does not warrant:
11.17.1. That planning permission and other approvals from third parties shall be granted at all or, if granted, will be granted in accordance with any anticipated timescale.
11.17.2. That the Architect/Consultant cannot influence nor cannot control how planning case officers, local authority planning departments, parish councils, building control departments, approved inspectors, or third parties conduct themselves in relation to the project.
11.18. The client understands that all extension of-time applications are non-refundable.

Planning Appeals.
A local authority planning appeal is a process through which a person or the Architect/Consultant can challenge a decision made by their local planning authority on a planning application or permitted development submission.
11.19. Clients have the right of appeal against most local authority decisions on planning permission and other planning decisions, such as advertisement consent, listed building consent, prior approval of permitted development rights, and enforcement.
11.20. Before making any appeal the party seeking permission should first consider re-engaging with the local planning authority to discuss whether any changes to the proposal would make it more acceptable and likely to gain permission.
11.21. It is possible that a further planning application may be submitted without charge.
11.21.1. However, this will depend on the circumstances of each case, so parties should ask the local planning authority for further details.
11.22. The Client should give consideration to the merits of the case, and whether there are strong grounds to contest the reasons for refusal of permission, or the conditions attached to a permission, before submitting an appeal.
11.23. Parties who pursue an appeal unreasonably without sound grounds for appeal may have an award of costs made against them.
(a). An award of costs is an order which states that one party shall pay to another party the costs, which may be in full or in part, which have been incurred by the receiving party during the process by which the Secretary of State’s or Inspector’s decision is reached.
(b). The costs order states the broad extent of the expense the party can recover from the party against whom the award is made.
(c). It does not determine the actual amount.
11.24. If the local planning authority does not make a decision on the application within the deadline the Client has the right to appeal if the local planning authority does not make a decision within the statutory time period.
11.24. Clients should first consider engaging with the local planning authority to establish when an application might be decided, before deciding whether to appeal against non-determination.
11.25. Where the client has requested Architecture North Ltd to undertake a planning appeal, the client understands that upon receipt of planning validation for this scope of works will incur the relevant fees, standing charges which are separate to the Architects/Consultants fees.
11.26. Appeal against refusal of the local authority must be received within 6 months of the date on the decision notice.
11.27. Should the Architect/Consultant receive invalidation from the local authority planning department, the Architect/Consultant will undertake the amendments at no additional cost to the client.
11.28. As a minimum the Architect/Consultant must provide the following documents for your planning application to be valid: https://www.planningportal.co.uk/planning/planning-applications/how-to-apply/what-to-submit
11.28.1. The standard application form.
11.28.2. Most planning applications require two plans to be submitted as supporting documents:
(a). Location plan – which shows the site area and its surrounding context.
(b). Site Plan is known as a block plan –  which shows the proposed development in detail.
(c). An ownership certificate A, B, C, or D must be completed stating the ownership of the property.
(d). Agricultural holdings certificate – this is required whether or not the site includes an agricultural holding. All agricultural tenants must be notified prior to the submission of the application.
(e). Design and access statement (if applicable to the project scale) – this should outline the design principles and concepts that have been applied to the proposed development and how issues relating to access to the development have been dealt with.
(f). Fire Statement (if required) – From 1 August 2021, full planning applications involving buildings that are at least 18 metres (or 7 stories) tall and containing more than one dwelling will require a Fire Statement. There are some exemptions. View government planning guidance on fire statements or access the fire statement template and guidance.
(g). The correct application fee.
11.29. The Client acknowledges that the Architect/Consultant does not warrant:
11.29.1. That planning permission and other approvals from third parties shall be granted at all or, if granted, will be granted in accordance with any anticipated timescale.
11.29.2. That the Architect/Consultant cannot influence nor cannot control how planning case officers, local authority planning departments, parish councils, building control departments, approved inspectors, or third parties conduct themselves in relation to the project.
11.30. The client understands that all planning applications and permitted development applications are non-refundable.

Appeal Against Non-Determination.
An Appeal Against Non-Determination is a type of planning appeal in the United Kingdom that can be made by an applicant when a local planning authority has failed to make a decision on a planning application within the prescribed time limit. The time limit for a decision on a planning application is usually eight weeks for minor applications and 13 weeks for major applications.
If the local planning authority fails to make a decision within this timeframe, the applicant can appeal to the Planning Inspectorate on the grounds of non-determination. The appeal will then be considered by an independent Planning Inspector who will make a decision based on the evidence submitted by the applicant and the local planning authority.
It's important to note that an appeal against non-determination is different from an appeal against a refusal of planning permission. In the latter case, the local planning authority has made a decision to refuse permission for a development, and the applicant is appealing that decision. In an appeal against non-determination, the applicant is challenging the local planning authority's failure to make a decision on the application.
11.31. Clients have the right to appeal against non-determination applications.
11.32. Before making any appeal the party seeking permission should first consider re-engaging with the local planning authority to discuss whether any changes to the proposal would make it more acceptable and likely to gain permission.
11.32.1. However, this will depend on the circumstances of each case, so parties should ask the local planning authority for further details.
11.33. For minor applications, the local planning authority has eight weeks to make a decision.
11.33.1. If the local authority have not made a decision within that timeframe, the applicant can submit an appeal against non-determination no earlier than the day after the decision should have been made.
11.33.2. The appeal must be submitted within 12 weeks of the expiry of the decision notice period.
11.34. For major applications, the local planning authority has 13 weeks to make a decision.
11.34.1. If the local authority have not made a decision within that timeframe, the applicant can submit an appeal against non-determination no earlier than the day after the decision should have been made.
11.34.2. The appeal must be submitted within 16 weeks of the expiry of the decision notice period.
11.35. If the appeal is not submitted within the timeframes, it may not be considered by the Planning Inspectorate.
11.35. Parties who pursue an appeal unreasonably without sound grounds for appeal may have an award of costs made against them.
(a). An award of costs is an order which states that one party shall pay to another party the costs, which may be in full or in part, which have been incurred by the receiving party during the process by which the Secretary of State’s or Inspector’s decision is reached.
(b). The costs order states the broad extent of the expense the party can recover from the party against whom the award is made.
(c). It does not determine the actual amount.
11.36. If the local planning authority does not make a decision on the application within the deadline the Client has the right to appeal if the local planning authority does not make a decision within the statutory time period.
11.37. Clients should first consider engaging with the local planning authority to establish when an application might be decided, before deciding whether to appeal against non-determination.
11.38. Where the client has requested Architecture North Ltd to undertake an appeal against non-determination, the client understands that upon receipt of this scope of works will incur the relevant fees, standing charges which are separate from the Architects/Consultants fees.
11.39. The Client acknowledges that the Architect/Consultant does not warrant:
11.39.1. That planning permission and other approvals from third parties shall be granted at all or, if granted, will be granted in accordance with any anticipated timescale.
11.39.2. That the Architect/Consultant cannot influence nor cannot control how planning case officers, local authority planning departments, parish councils, building control departments, approved inspectors, or third parties conduct themselves in relation to the project.
11.40. The client understands that all appeals against non-determination applications are non-refundable.

Planning Inspectorate.
The Planning Inspectorate is an executive agency of the UK government that handles appeals and other planning-related matters. A Planning Inspectorate appeal is a formal process in which an individual or the Architect/Consultant challenges a decision made by a local planning authority, such as a refusal of planning permission for a development or an enforcement notice.
The appeal is heard by an independent Planning Inspector who considers all relevant evidence and makes a decision based on planning policies and guidance. The Inspector's decision is binding and can only be challenged through judicial review in the High Court.
The Planning Inspectorate also handles other planning-related matters, such as examining and making recommendations on local plans, holding inquiries into specific planning issues, and making decisions on nationally significant infrastructure projects.
11.41. Most appeals are determined by Planning Inspectors on behalf of the Secretary of State.
11.41.1. The Secretary of State has the power to make the decision on an appeal rather than it being made by a Planning Inspector – this is referred to as a ‘recovered appeal’.
11.42. Appeals are determined on the same basis as the original application.
11.43. The decision will be made taking into account national and local policies, and the broader circumstances in place at the time of the decision.
11.44. Where any change between the original planning decision and the appeal has the potential to affect the outcome, all parties will have an opportunity to comment on the new material.
11.45. The appeal will be determined as if the application for permission had been made to the Secretary of State in the first instance.
11.46. This means that the Inspector (or the Secretary of State) will come to their own view on the merits of the application.
11.47. The Inspector (or the Secretary of State) will consider the weight to be given to the relevant planning considerations and come to a decision to allow or refuse the appeal. As Inspectors (or the Secretary of State) are making the decision as if for the first time, they may refuse the application on different grounds to the local planning authority.
11.48. Where an appeal is made against the grant of permission with conditions, the Inspector (or the Secretary of State) will make a decision in regard to both the granting of the permission and the imposition of conditions.
11.49. Clients have the right to appeal local authority applications.
11.50. Before making any appeal the party seeking permission should first consider re-engaging with the local planning authority to discuss whether any changes to the proposal would make it more acceptable and likely to gain permission.
11.50.1. However, this will depend on the circumstances of each case, so parties should ask the local planning authority for further details.
11.50.2. The appeal must be submitted within 6 months of the expiry of the decision notice period.
11.51. If the appeal is not submitted within the timeframes, it will not be considered by the Planning Inspectorate.
11.52. Parties who pursue an appeal unreasonably without sound grounds for appeal may have an award of costs made against them.
(a). An award of costs is an order which states that one party shall pay to another party the costs, which may be in full or in part, which have been incurred by the receiving party during the process by which the Secretary of State’s or Inspector’s decision is reached.
(b). The costs order states the broad extent of the expense the party can recover from the party against whom the award is made.
(c). It does not determine the actual amount.
11.53. If the local planning authority does not make a decision on the application within the deadline the Client has the right to appeal if the local planning authority does not make a decision within the statutory time period.
11.54. Clients should first consider engaging with the local planning authority to establish when an application might be decided, before deciding whether to appeal against non-determination.
11.55. Where the client has requested Architecture North Ltd to undertake an appeal against non-determination, the client understands that upon receipt of this scope of works will incur the relevant fees, standing charges which are separate from the Architects/Consultants fees.
11.56. The Client acknowledges that the Architect/Consultant does not warrant:
11.56.1. That planning permission and other approvals from third parties shall be granted at all or, if granted, will be granted in accordance with any anticipated timescale.
11.56.2. That the Architect/Consultant cannot influence nor cannot control how planning case officers, local authority planning departments, parish councils, building control departments, approved inspectors, or third parties conduct themselves in relation to the project.
11.57. The client understands that all planning inspectorate applications are non-refundable.

Discharge of Planning Conditions
A Discharge of Planning Conditions is a process in the UK that allows a developer to request that specific planning conditions attached to a planning permission be discharged or deemed to have been discharged. Planning conditions are conditions attached to a planning permission that must be met before the development can proceed. They can cover a range of issues, such as landscaping, materials, access, and drainage.
Once a planning permission has been granted, the client must submit a formal application to the local planning authority to discharge each of the conditions attached to the planning permission before the development can proceed. The application must include details of how the condition has been or will be discharged, and any necessary supporting documentation.
The local planning authority will consider the application and will either grant or refuse the request for discharge. If the request is granted, the condition is considered to have been discharged, and the contractor can proceed with the relevant aspects of the development. If the request is refused, the contract must comply with the original planning condition before proceeding with the development.
Discharge of planning conditions is a separate process from applying for planning permission or submitting a building regulations application. It is important for contracts to comply with planning conditions, as failure to do so can result in enforcement action being taken by the local planning authority.
11.58. The Client shall engage the services of the Architect/Consultant to provide the discharge of planning conditions as set out within the decision notice approval.
11.59. The architect will ensure that the design complies with the relevant discharge of planning conditions as outlined within the decision notice approval.
11.60. The Client shall promptly sign off the Client Approval Discharge of Planning Conditions Sign-Off Form presented by the Architect/Consultant indicating approval of the work performed.
11.61. The Architect/Consultant shall not be held liable for any delays or errors resulting from the Client's failure to timely approve or sign Client Approval Forms.
11.62. The Client understands this will raise a relevant invoice for your scope of services, under the agreed disbursement rates.
11.63. Due to the nature of the discharge of planning conditions, they will be treated as revision requests within your scope of works.
11.64. Full details on our disbursements fees can be found by following our disbursements link: https://www.architecturenorth.co.uk/digital-contracts/disbursements
11.63. Where the Architect/Consultant cannot undertake the scope of works due to it not being within their professional scope of services, Architecture North Ltd will undertake a tender fee for the scope of works or services in connection with the Project.
11.64. Where the Architect/Consultant is instructed by the Client to invite a tender or tenders for work or services in connection with the Project but no tender is submitted or accepted, the Architect/Consultant shall be entitled to fees due up to and including the receipt of tenders based on the construction work or that part of it relating to the Services current at the date of tender.
11.65. It is the Client’s responsibility to appoint or otherwise engage any Other Client Appointments required to perform work or services under separate agreements and require them to collaborate with the Architect/Consultant.
11.65.1. The Client shall confirm in writing to the Architect/Consultant the work or services to be performed by any Other Client Appointments.
11.66 The Client acknowledges that they have the right to appoint third-party consultants of their choice for their Project.
11.66.1. In such cases, it shall be the sole responsibility of the Client to provide the appointed third-party consultants with any requested information or documentation
11.66.2. The Architect/Consultant shall not be liable for any delay, deficiency, or error caused by such third-party consultants.
11.66.3. The Client acknowledges they cannot hold the Architect/consultant accountable for the Other Client Appointments, and not the Architect/Consultant, responsible for the proper carrying out and completion of the work or services entrusted to them under any Other Client Appointments.
11.66.4. Not hold the Architect/Consultant responsible for any instructions issued by the Client to the Other Client Appointments or Contractor.
11.66.5. Pay any statutory charges and any fees, expenses, and disbursements in respect of any obligations for planning, building control, and other consents.
11.67. The Client acknowledges that the Architect/Consultant does not warrant:
11.67.1. That discharge of planning conditions and other approvals from third parties shall be granted at all or, if granted, will be granted in accordance with any anticipated timescale.
11.67.2. That the Architect/Consultant cannot influence nor cannot control how planning case officers, local authority planning departments, parish councils, building control departments, approved inspectors, or third parties conduct themselves in relation to the project.
11.68. The client understands that all discharge of planning condition applications are non-refundable.

12. RIBA Work Stage 4: Technical Design.
RIBA Work Stage 4: Technical Design is the stage, where the design of the technical side of the project. including drawings, specifications, and schedules. This stage involves coordination with consultants and contractors to ensure that all design information is complete and accurate. The Architect/Consultant also prepares any necessary reports, studies, or documentation required by relevant authorities,. The output of this stage is a detailed design package that can be used for tender submission/ main contractors’ appointment.
12.1. If Architecture North Ltd has not been appointed for this scope of work, administration costs will be charged to undertake this scope of work.
12.2. The Client shall engage the services of the Architect/Consultant to provide the architectural services for RIBA Work Stage 4 as set out within the Project Acceptance Client Approval.
12.3. The architect will ensure that the design complies with all relevant statutory requirements, including building requirements.
12.4. The Client shall promptly sign off the Client Approval RIBA Work Stage 4 Sign-Off Form presented by the Architect/Consultant indicating approval of the work performed.
12.5. The Architect/Consultant shall not be held liable for any delays or errors resulting from the Client's failure to timely approve or sign Client Approval Forms.
12.6. It is the Client’s responsibility to appoint or otherwise engage any Other Client Appointments required to perform work or services under separate agreements and require them to collaborate with the Architect/Consultant.
12.7. The Client shall confirm in writing to the Architect/Consultant the work or services to be performed by any Other Client Appointments.
12.8. The Client acknowledges that they have the right to appoint third-party consultants of their choice for their Project.
12.8.1. In such cases, it shall be the sole responsibility of the Client to provide the appointed third-party consultants with any requested information or documentation
12.9. The Architect/Consultant shall not be liable for any delay, deficiency, or error caused by such third-party consultants.
12.10. The Client acknowledges they cannot hold the Architect/consultant accountable for the Other Client Appointments, and not the Architect/Consultant, responsible for the proper carrying out and completion of the work or services entrusted to them under any Other Client Appointments.
12.11. The Architect/Consultant shall instruct and undertake any additional requests within the Client Approval RIBA Work Stage 4 Sign-Off Form within 5 business days.
12.12. The Architect/Consultant shall undertake the Client’s additional scope of services in line with our tender conditions clause 13.
12.13. The client understands an invoice will be raised for the additional approved scope of works.

13. Tender and Service Fee Client Requests
13.1. Upon client sign-off, where the client requests tender submissions and/or Service Fee scope of works the Architect/Consultant will raise an invoice for the tender submission scope of works.
13.2. Upon receipt of payment for the tender submissions and/or Service Fee scope of works within 5 working days the Architect/Consultant shall provide the project deliverables, milestones, and timelines to the client in writing.
13.3. Within the tender submissions and/or Service Fee scope of works the Architect/Consultant should also specify the scope of the tender.
13.3.1. Should the project require planning permission, permitted development, or building regulations, the project application description, as outlined by the approving inspectors constitutes the appropriate level of information for the tender submissions and/or Service Fee scope of works.
13.4. Within the tender submissions and/or Service Fee scope of works the Architect/Consultant shall outline any project exclusions or inclusions.
13.5. Any clarifications or queries from the consultants regarding the project should be raised to the Architect/Consultant.
13.6. The scope of services outlined in this tender submission is based on the information available at the time of submission.
13.7. Should any changes be required to the scope of services or deliverables during the project, the client must provide written notice to the Architect/Consultant outlining the requested changes.
13.8. The Architect/Consultant will evaluate the changes and provide a written response outlining any additional fees or timelines that may apply.
13.9. The client will have the opportunity to accept or reject the proposed changes.
13.10. Any changes to the scope of services or deliverables will be required to undertake the revision request clause number
13.11. The Architect/Consultant shall not be held liable for any delays or errors resulting from the Client's failure to timely approve or sign Client Approval Forms.
13.12. It is the Client’s responsibility to appoint or otherwise engage any Other Client Appointments required to perform work or services under separate agreements and require them to collaborate with the Architect/Consultant.
13.13. The Client shall confirm in writing to the Architect/Consultant the work or services to be performed by any Other Client Appointments.
13.14. The Client acknowledges that they have the right to appoint third-party consultants of their choice for their Project.
13.14.1. In such cases, it shall be the sole responsibility of the Client to provide the appointed third-party consultants with any requested information or documentation
13.15. The Architect/Consultant shall not be liable for any delay, deficiency, or error caused by such third-party consultants.
13.16. The Client acknowledges they cannot hold the Architect/consultant accountable for the Other Client Appointments, and not the Architect/Consultant, responsible for the proper carrying out and completion of the work or services entrusted to them under any Other Client Appointments.

14. Building Control Submission
14.1. If Architecture North Ltd has not been appointed for this scope of work, administration costs will be charged to undertake this scope of work.
14.2. The Client shall engage the services of the Architect/Consultant to provide the architectural services for RIBA Work Stage 5 as set out within the Project Acceptance Client Approval.
14.3. Submitting building regulation application and other relevant documentation to the local authority or approved inspector.
14.4. Liaising with building control officers throughout the construction process to ensure that the work meets the necessary standards and regulations.

15. RIBA Work Stage 5: Construction and Manufacturing.
RIBA Work Stage 5: Construction and Manufacturing is the stage, where the design of the project is in greater detail, taking into consideration the client's requirements and budget, site conditions, and any necessary statutory requirements.
15.1. If Architecture North Ltd has not been appointed for this scope of work, administration costs will be charged to undertake this scope of work.
15.2. The Client shall engage the services of the Architect/Consultant to provide the architectural services for RIBA Work Stage 5 as set out within the Project Acceptance Client Approval.
15.3. Act on behalf of the Client at RIBA Work Stage 5, 6, and 7 in the matters set out in the Contractor in relation to any project procedures agreed upon with the Client from time to time, subject to the Client’s prior written approval.
15.4. If acting as Contract Administrator at RIBA Work Stage 5, 6, and 7 for the Building Contract, exercise impartial and independent judgment when acting as an intermediary between the Client and the Contractor.
15.5. Amend the detailed construction drawings and specifications that accurately represent the design intent, conform to the building regulations, and are coordinated with the work of other consultants.
15.6. Undertake the construction contract, ensuring that the construction work is carried out in accordance with the contract documents.
15.7. Conducting site visits, reviewing shop drawings, and submittals, and responding to contractors'’ requests for information.
15.8. The Architect/Consultant is responsible for managing any changes to the construction contract documents, including reviewing change requests, preparing change orders, and obtaining approvals from the client.
15.9. The Client shall promptly sign off the Client Approval RIBA Work Stage 5 Sign-Off Form presented by the Architect/Consultant indicating approval of the work performed.
15.10. The client understands an invoice will be raised for each additional approved scope of works.
15.11. The Architect/Consultant shall not be held liable for any delays or errors resulting from the Client's failure to timely approve or sign Client Approval Forms.
15.11. The Architect/Consultant is responsible for ensuring that the construction work meets the design intent and conforms to the building codes and regulations.
15.12. Reviewing site inspection reports, conducting quality control checks,
15.13. Coordinating with the contractor to resolve any issues.
15.14. The Architect/Consultant is responsible for conducting site inspections to ensure that the construction work is progressing in accordance with the contract documents.
15.15. The Architect/Consultant will raise issues within a 5 to 10 business day timeframe.
15.16. This timeframe allows the Architect/Consultant to thoroughly review the issues request, evaluate the feasibility of the issues, and provide an estimate of the additional time and cost required to rectify the project issues.
15.17. The Architect/Consultant is responsible for coordinating with the contractors and other consultants involved in the project to ensure that the design intent is being met and that the work is progressing in a coordinated and efficient manner.
15.18. The architect is responsible for administering the construction contract, including:
(a). processing payment applications,
(b). reviewing and certifying payment requests,
(c). validating that the project is completed on time,
(d). validating that the project is within budget.
15.17. The Architect/Consultant cannot control natural disasters, or weather conditions that may impact the project.
15.19. Compliance with any Project Programme and Construction Cost, which may need to be reviewed for, but not limited to:
(a) variations instructed by the Client.
(b) fluctuations in market prices.
(c) delays caused by any Other Client Appointments, the Contractor, or any other factor that is not the responsibility of the Architect/ Consultant under the Contract.
(d) the discovery at any time of previously unknown conditions which were not reasonably foreseeable at the date of the Contract.
(e) natural disasters, or weather conditions that may impact the Contract.
15.20. The competence, performance, work, services, products, or solvency of any Other Client Appointments or the Contractor.

16. Revision Requests.
16.1. The Client may request revisions to the services provided under this contract as stated within their approved quotation.
16.2. The Architect/Consultant agrees to review and respond to the client's revision requests within 5 to 10 business days.
16.3. This timeframe allows the Architect/Consultant to thoroughly review the revision request, evaluate the feasibility of the changes, and provide an estimate of the additional time and cost required to implement the requested changes.
16.4. The Architect/Consultant shall undertake batch revisions which refer to a set of revisions as a collective, rather than a single change within each meeting.
16.5. Revisions within architecture, interior, and landscape designs are a professional standard industry.
16.6. Revision requests are essential within the Architect/Consultant's design scope of service as they allow the client to have their input into the design process, ensuring that their needs, preferences, and goals are reflected in the final design.
16.7. Revision requests can range from minor adjustments to major changes within the project scope, depending on the nature of the project and the client's needs and preferences.
16.8. The scope and complexity of project revision requests can vary greatly depending on the project, the client's needs and preferences, and the stage of the design process.
16.9. Architecture North Ltd acknowledges and accommodates within the client-approved quotation, the possibility of clients having both minor and major revision requests throughout the RIBA Work Stage 2 design process.
16.10. Any revisions that fall outside of the approved scope of services or allocated revision requests will be subject to additional charges and will require a change order.

Minor Revision Requests May include, but are not limited to:
16.11. Adjusting the proposed placement of walls, doors, windows, and furniture or changing the proposed design scheme of a room.
16.12. These changes may be relatively quick and easy to implement, and may not significantly impact the project timeline.

Major Revision Requests May include, but are not limited to:
16.13. Adding or removing entire rooms as per the agreed contractual agreement scope of works, through to the reconfiguring of the layout of a full interior or a landscape design proposal.
16.14. These revisions may require more time and resources to implement and may have a significant impact on the project timeline.

Revision Request Terms:
16.15. Revision requests are provided as part of your approved scope of services only within RIBA Work Stage 2.
16.16. The Architect/Consultant can undertake revision requests within any RIBA Work Stage, but this will incur additional charges to your approved quotation.
16.17. Within your recorded design meetings, you may ask for revisions requests, where if they are minor, we may be able to undertake your request within the meeting, where we will make your amendments in front of you.
16.17.1. We will undertake these requests in front of you in a quick design timeframe, therefore there may be initial errors within these requests, and we are not liable for any error with these ad-hoc revision requests within your meetings.
16.17.2. You will still be required to complete your revision requests via the online form, and authorise your revisions to request approval.
16.18. Due to the nature of revisions, we cannot anticipate any of your revision requests' timeframes.
16.19. The client shall have the right to approve or reject the instructions to instruct the Architect/Consultants to undertake the revision request.
16.20. If the client rejects the approval of undertaking the revision request, the Architect/Consultant has no obligation to make the requested changes.
16.21 If the client approves of the instruction to undertake the revision request, the Architect/Consultant shall proceed with the requested changes in accordance with the client's instruction in line with the terms of this Agreement.

The Client's Process for Communicating and Documenting Revision Requests:
16.22. The client should undertake the revision request via: www.architecturenorth.co.uk/clients-area/revision-requests
16.23. The client should specify the details of the requested changes in writing in a clear and concise manner.
16.24. The client may include any necessary attachments or supporting documents within their revision request.
16.25. The Architect/Consultant will review the revision request and respond to the client by email within the agreed-upon timeframe specified in the contract.
16.26 The response may also include any potential impact on the project schedule timeline.
16.27 If the client agrees to the proposed revisions, they must provide their approval by signing off on the project revision via the following link: www.architecturenorth.co.uk/clients-area/revision-requests/approval.

Change Order.
16.28. The Architect/Consultant will create an official change order document that includes a description of the proposed revisions, the revised scope of work, the project schedule timeline, and any other pertinent details related to the change.

Client Approval of Revision Request.
16.29. The client will demonstrate their approval and acceptance of the revised proposed scope of work by signing the revision request order form.

17. RIBA Work Stage 6: Project Handover and Close Out.
RIBA Work Stage 6: Project Handover and Close Out is after the construction has ended, the client is able to occupy the development, but the contractor remains responsible for rectifying defects during a period known as the 'defects liability period’ or 'rectification period' which typically lasts between six to twelve months.
17.1. If Architecture North Ltd has not been appointed for this scope of work, administration costs will be charged to undertake this scope of work.
17.2. The Client shall engage the services of the Architect/Consultant to provide the architectural services for RIBA Work Stage 6 as set out within the Project Acceptance Client Approval.
17.3. The architect will ensure that the design complies with all relevant statutory requirements, including building requirements.
17.4. The Client shall promptly sign off the Client Approval RIBA Work Stage 6 Sign-Off Form presented by the Architect/Consultant indicating approval of the work performed.
17.5. The Architect/Consultant shall not be held liable for any delays or errors resulting from the Client's failure to timely approve or sign Client Approval Forms.
17.6. The Architect/Consultant shall conduct a final inspection of the completed project to ensure that it has been constructed in accordance with the approved plans and specifications.
17.7. If there are any deficiencies, or unfinished items identified during the final inspection, the Architect/Consultant shall provide a snagging list to the contractor, and work with them to resolve these issues.
17.8. The Architect/Consultant shall prepare record drawings of the completed project that accurately reflect the as-built conditions.
17.9. The Architect/Consultant shall assist the client in preparing operations and maintenance manuals for the completed project, including all relevant documentation and warranties.
17.10. The Architect/Consultant shall prepare and deliver all closeout documents required for the completed project, including:
(a). As-built drawings,
(b). Operation and maintenance manuals,
(c). Warranties,

18. RIBA Work Stage 7: In Use.
RIBA Work Stage 7: In Use is the final stage of the RIBA Plan of Work, which covers the period after the construction has been completed and the project is in use. This stage is known as 'In Use' or 'Post Occupancy Evaluation' and involves evaluating the performance of the building and its systems, and assessing how well it meets the client's requirements and design intentions.
18.1. If Architecture North Ltd has not been appointed for this scope of work, administration costs will be charged to undertake this scope of work.
18.2. The Client shall engage the services of the Architect/Consultant to provide the architectural services for RIBA Work Stage 7 as set out within the Project Acceptance Client Approval.
18.3. The architect will ensure that the design complies with all relevant statutory requirements, including building requirements.
18.4. The Client shall promptly sign off the Client Approval RIBA Work Stage 7 Sign-Off Form presented by the Architect/Consultant indicating approval of the work performed.
18.5. The Architect/Consultant shall not be held liable for any delays or errors resulting from the Client's failure to timely approve or sign Client Approval Forms.
18.6. The Architect/Consultant shall conduct a post-occupancy evaluation of the completed project to determine whether the project is meeting the intended performance goals.
18.7. To review the snagging list, and work with the contractor to resolve these issues.
18.8. To review any defects that may arise during this time, and work with the contractor to resolve these issues.
18.9. The Architect/Consultant shall assist the client in monitoring the building's performance over time, including energy use, maintenance needs, and other performance metrics.
18.10. The Architect/Consultant shall assist the client in conducting occupancy surveys to determine the satisfaction levels of the building's occupants.
18.11. The Architect/Consultant liability for any claims arising out of or related to RIBA Work Stage 7 shall be limited to the amount of the architect's professional liability insurance coverage, as set forth in the contract.

19. Assignment, Sub-Contracting, and Novation.
19.1. Neither the Architect/Consultant nor the Client shall at any time assign the benefit of the Contract or any rights arising under it without the prior written consent of the other. Such consent shall not be unreasonably withheld or delayed.
19.2. The Architect/Consultant shall not sub-contract the performance of any part of the Services without the prior consent of the Client, and such consent shall not be unreasonably withheld or delayed.
19.3. The Parties may, by agreement, novate the Contract on terms to be agreed.

20. Fees and Expenses.
20.1. The fees for the performance of the Services and/or any additional services shall be calculated in accordance with this clause and as specified in the Contract Details.
20.2. We, or a third party on our behalf, will send you a invoice for services, within 30 days of the contract delivery.
20.3. You’ll receive invoices in electronic forms unless you tell us that paper bills. If you choose paper, we’ll charge you an additional amount, which we’ll tell you about when you request the change.
20.4. Disbursements will be reviewed annually at the rate of inflation in April each year.
20.5. The Basic Fee for the performance of the Services shall be as specified in the submitted quote of the Contract Details and may be any or a combination of:
20.5.1. The specified percentage or percentages applied to the Construction Cost. Until the actual cost of the building work is known, the percentages are applied to the latest approved estimate of the cost of the building works or the Building Contract sum. The total fee shall be adjusted based on the final Construction Cost upon completion of the Services. The cost shall exclude VAT, fees, and any claims made by or against the Contractor(s).
20.5.2. The separate percentages specified for each RIBA Plan of Work stage applied to the Construction Cost at the end of the previous stage.
20.5.3. The specified lump sum or sums.
20.5.4. The time charges are ascertained by multiplying the time reasonably spent in the performance of the Services by the specified hourly or daily rate for the relevant personnel, as set out in Disbursements. Time ‘reasonably spent’ includes the time spent in connection with the performance of the Services in traveling from and returning to the Architect/Consultant’s office.
20.5.5. Any other agreed method.
20.6. Lump sums and rates for time charges, mileage, and printing shall be revised every 12 months in accordance with changes in the Consumer Prices Index. Each 12-month period commences on the anniversary of the date of the Contract.
20.7. The Basic Fee shall be adjusted:
20.7.1. Including due allowance for any loss and/or expense, if material changes are made to the Project Brief and/or the latest approved estimate of the cost of the building work and/or Project Programme saves to the extent that any changes arise from a breach of the Contract by the Architect/ Consultant, and/or the Services are varied by agreement.
20.7.2. Where percentage fees in accordance with clause 8.4.1 or 8.4.2 apply, to compensate for any reduction of the Construction Cost arising solely from deflationary market conditions not prevailing at the date of the Contract.
20.8. If the Architect/Consultant is involved in extra work or incurs an extra expense for reasons beyond the Architect/Consultant’s reasonable control, such as engaging in pre-application advice, or where an extension of time is needed, additional fees shall be calculated on a time basis in accordance with clause 8.4.4 at the rate(s) set out in disbursements and expenses of the Contract Details where:
20.8.1. The cost of any additional work, including but not limited to revisions of architectural work, installation, or equipment, in connection with which the Architect/Consultant Services, is not included.
20.8.2. The Architect/Consultant is required to vary any Service already commenced or completed or to provide a new design after the Client has authorised the development of an approved design.
20.8.3. The nature of the Project reasonably requires that substantial parts of the design are not completed or that they are specified provisionally or approximately before construction commences.
20.8.4. Performance of the Services is delayed, disrupted, or prolonged.
20.9. The Architect/Consultant shall inform the Client on becoming aware that clause 8.7 shall apply. Clause 8.8.7 shall not apply to the extent that any change or extra work or expense arises from a breach of the Contract by the Architect/ Consultant.
20.10. The Client shall reimburse the Architect/Consultant for expenses and disbursements in the manner specified in our submitted Expenses and Disbursements of the Contract Details.
20.11. The Architect/Consultant shall maintain records of time spent on Services performed on a time basis and for any expenses and disbursements to be reimbursed at net cost. The Architect/Consultant shall make such records available to the Client on reasonable request.
20.12. Where the Architect/Consultant is instructed by the Client to invite a tender or tenders for work or services in connection with the Project but no tender is submitted or accepted, the Architect/Consultant shall be entitled to fees due up to and including the receipt of tenders based on the construction work or that part of it relating to the Services current at the date of tender.

Payment Notices.
20.13. The Architect/Consultant shall issue Payment Notices at the intervals specified on a monthly basis in the Contract Details.
20.14. All invoices from Architecture North Ltd are due on receipt
20.15. You will receive an automatic payment reminder on the invoice due date at 19:00 with a copy of the invoice attached.
20.16. All invoices, and all scope of services are non-refundable.
20.17. The Architect/Consultant shall not be liable to the Client for any refund or compensation for any third-party scope of services.
20.18. In the event of non-payment of any amount properly due to the Architect/ Consultant under the Contract, the Architect/Consultant is entitled to interest on the unpaid amounts under the provisions of clause 9.26. The Architect/ Consultant may:
20.18.1. Suspend the use of the copyright license under the provisions of clause 10.
20.18.2. Suspend or terminate the performance of the Services and other obligations under the provisions of clause 12.
20.18.3. Commence dispute resolution procedures and/or debt recovery procedures.
20.19. Each Payment Notice shall comprise the Architect/Consultant’s account, setting out any accrued installments of the fee and other amounts due, less any amounts previously paid, and stating the basis of calculation of the amount specified, which shall be the Notified Sum. The payment due date shall be the date of the Architect/Consultant’s Payment Notice. Installments of fees shall be calculated on the Architect/Consultant’s reasonable estimate of the percentage of completion of the Services or stages or other services or any other specified method.
20.20. The Client shall pay the notified sum upon receipt of the date of issue of the relevant payment notice (which shall be the Final Date for Payment) unless:
20.20.1. The Architect/Consultant has become insolvent (as defined in the Housing Grants, Construction and Regeneration Act 1996) at any time between the last date on which the Client could have issued the notice under clause 8.18 and the Final Date for Payment.
20.20.2. The Client issues a notice under clause 8.18.
20.21. The Client shall not delay payment of any undisputed part of the Notified Sum.
20.22. The Architect/Consultant shall submit the final Payment Notice for fees and any other amounts due when the Architect/Consultant reasonably considers the Services have been completed.

Payment Terms and Conditions.
20.23. If you don’t pay any undisputed part of your bill by the due date, we:
20.23.1. Charge you an administrative fee and interest as outlined in clauses 9.24 and 9.29, and 9.25.2. Notify credit reference agencies of your non-payment.
20.24. The Client shall, on or before the Final Date for Payment, make payment to the Architect/Consultant of the amount, if any, specified in the written notice.
20.25. If no such notice is given, the amount due and payable shall be the Notified Sum stated as due in the Architect/Consultant’s account. The Client shall not delay payment of any undisputed part of the account.
20.26. If the Client issues such a notice and the matter is referred to an Adjudicator who decides that an additional sum, greater than the amount stated in the notice of intention to pay less, is due, the Client shall pay that sum within 7 days of the date of the decision or the date which, in the absence of the notice, would have been the Final Date for Payment.
20.27. The Client shall not withhold any amount due to the Architect/Consultant under the Contract unless the amount has been agreed with the Architect/Consultant or has been decided by any tribunal to which the matter is referred as not being due to the Architect/Consultant.
20.28. If the performance of any or all of the Services and/or obligations is suspended or terminated, the Architect/Consultant shall be entitled to:
20.28.1. Payment of the agreement of the contract fee specified in our submitted quote of the Contract Details.
20.28.2. Other amounts properly due to the date of the last installment and a fair and reasonable amount up to the date of suspension or termination to reflect any work undertaken but not completed at the time of suspension or termination and payment of any license fee due under clause 10.
20.28.3. Reimbursement of any loss and/or damages caused to the Architect/ Consultant due to the suspension or the termination, except where the Architect/Consultant is in material or persistent breach of the obligations under the Contract.
20.29. In the event that any amounts are not paid when properly due, the Architect/ Consultant shall be entitled to simple interest on such amounts until the date that payment is received at 8% of the dealing rate of the Bank of England, current at the date that payment becomes overdue, together with such costs as are reasonably incurred by the Architect/Consultant (including costs of time spent by principals, employees, and advisers) in obtaining payment of any sums due under the Contract.
20.30. We calculate interest daily based on the total amount you owe. We add together all the daily interest amounts in each statement period and add together your balance on your invoice date.
20.31. We use your payments to clear any overdue amounts before we apply them to your latest statement. We use your payments in the following order:
20.31.1. Any overdue amounts from your previous statement; then the remaining balance on your statement; then
20.31.2. Any recent project hours not yet shown on your statement.
20.31.3. We use your payments to pay off balances charged at the highest interest rate and so forth down to the lowest interest rates.
20.31.4. This means the more expensive balances are always paid off first.
19.32. Non-sterling Transaction Fee: 2.95% of the amount of the sterling transaction value. Cash transaction fee: 5.00%.
20.33. If you missed a payment you will receive a ‘missed payment default charge of £100.00.
20.34. We will automatically send you charged paper copies in addition to your emailed statements and payment reminders until we hand your case to our debt collectors.
20.35. If work is undertaken, when you have failed to make any previous payment to ourselves, within the previous month's statements, you will receive a charged paper copies in addition to your emailed invoice, but the payment by default will automatically be sent to our debt collectors.
20.36. The Client or the Architect/Consultant shall pay to the other Party who successfully pursues, resists, or defends any claim or part of a claim brought by the other:
20.36.1. Such costs are reasonably incurred (including costs of time spent by principals, employees, and advisers) where the matter is resolved by negotiation or mediation.
20.36.2. Such costs may be determined by any dispute resolution body, to which the matter is referred.
20.37. In addition to the fees and expenses, the Client shall pay any VAT chargeable on the Architect/Consultant’s fees and expenses.

21. Copyright and Licence.
21.1. Architecture North Ltd shall retain all intellectual property rights, including copyright, in the drawings and documents produced while performing the Services. The Client acknowledges and agrees that the Architect/Consultant is the author of such work and has a moral right to be identified as such.
21.2. The Client shall not register any part of the Architect/Consultant's design under the Registered Designs Regulations 2001 without the written consent of the Architect/Consultant.
21.3. The Client is granted a license to copy and use the drawings and documents for which all fees and other amounts properly due have been paid, solely for purposes related to the construction of the Project or its subsequent use or sale. However, they may not be used for the reproduction of the design for any part of any extension of the Project or any other project without the written consent of the Architect/Consultant.
21.4. In the event that CAD, BIM, or other proprietary software is used, the Architect/Consultant shall provide the Client with the drawings and documents in PDF format only, unless an alternative format has been agreed upon during the Project Initiation stage.
21.5. The Client may request a copy of the CAD, BIM, or other proprietary software drawings and documents, subject to a fee, via the following link: https://www.architecturenorth.co.uk/clients-area/request/dwgs if their contract states that "all information is to be issued in PDF format only."
21.6. Upon receipt of payment in full, the Architect/Consultant shall compress, archive, and issue the CAD, BIM, or other proprietary software, drawings, and documents to the email address provided by the Client in the Contract Details section.
21.7. The Architect/Consultant shall release the drawings only after the payment has been cleared and received in full.
21.8. The Client grants a sub-license to any Other Client Appointment providing services to the Project to copy or use the drawings and documents, whether issued by the Client or on the Client's behalf.
21.9. The Architect/Consultant shall not be liable to the Client for any reasonably foreseeable and fully mitigated expenses, losses, or damages suffered by the Client due to any breach of copyright or other intellectual rights of any third party.
21.10. The Architect/Consultant shall not be liable for any use of the drawings and documents other than for the purpose for which they were prepared and provided by the Architect/Consultant.

22. Architect/Consultant’s Liability.
22.1. No action or proceedings arising out of or in connection with the Contract whether in contract, in tort, for negligence or breach of statutory duty or otherwise shall be commenced after the expiry of 6 or 12 years, depending on how the contract is executed, from the date of Practical Completion or the date of completion of the last Services, whichever is the earlier.
22.2. In any such action or proceedings:
22.2.1. The Architect/Consultant’s liability for loss or damage shall not exceed £5,000.00 for any one incident or related incidents as specified within the Contract Details.
22.2.2. No employee of the Architect/Consultant or any agent of the Architect/ Consultant shall be personally liable to the Client for any negligence, default, or any other liability whatsoever arising from the performance of the Services.
22.3. We’re only liable for losses that could reasonably be expected to occur when we entered into this agreement.
22.4. We’re not liable for:
22.4.1. Business losses.
22.4.2. Loss of income.
22.4.3. Loss of your time; or
22.4.4. Losses caused by third-party services or goods that you access through the services.
22.5. In respect of any claim by the Client under the Contract, and without prejudice to the provisions of clause 9.2.1, the Architect/Consultant’s liability shall be limited to such sum as shall be agreed between the Parties or adjudged by the court to be the proportion of the loss to the Client caused by the Architect/Consultant’s failure to exercise reasonable skill, care, and diligence in the performance of its duties under the Contract. This proportion is to be calculated on the basis that:
22.5.1. All other consultants, contractors, and Other Client Appointments providing work or services for the Project are deemed to have provided to the Client contractual undertakings in respect of their work or services on terms materially no less onerous than those which apply to the Architect/Consultant under the Contract.
22.5.2. There are deemed to be no exclusions or limitations of liability or joint insurance or co-insurance provisions between the Client and any other person referred to in this clause.
22.5.3. All the persons referred to in this clause are deemed to have paid to the Client such sums as it would be just and equitable for them to pay to have regard to the extent of their responsibility for that loss and/or damage.

23. Professional Indemnity Insurance.
23.1. The Architect/Consultant shall maintain, until the expiry of the period specified in clause 9.1, professional indemnity insurance with a limit of indemnity not less than the amount or amounts specified within our Contract Details, provided such insurance continues to be offered on commercially reasonable terms to the Architect/Consultant at the time when the insurance is taken out or renewed. The Architect/Consultant shall inform the Client if such insurance ceases to be available on commercially reasonable terms. The Architect/Consultant, when reasonably requested by the Client, shall produce for inspection a broker’s letter or certificate confirming that such insurance has been obtained and/or is being maintained.
23.2. The Architect/Consultant shall inform the Client if such insurance ceases to be available on commercially reasonable terms or, subsequent to the date of the Contract, any restrictions are attached to the policy or an aggregate limit applies to any matters other than those specified in the Contract Details in order that the Architect/Consultant and the Client can discuss the best means of protecting their respective positions.
23.3. Nothing in the Contract confers any right to enforce any of its terms on any person who is not a party to it, other than lawful assignees.

24. Suspension or Termination.
24.1. The Client may suspend or terminate the performance of any or all of the Services and other obligations under the Contract by giving the Architect/Consultant at least 14 days written notice and stating the reason for doing so.
23.
24.2. The Architect/Consultant may suspend or terminate the performance of any or all of the Services and other obligations under the Contract by giving the Client at least 14 days written notice and stating the grounds on which it intends to do so. Such grounds are limited to:
24.2.1. You break, or we reasonably suspect that you’ve broken any important terms of your agreement.
24.2.2. The Client’s failure to pay any fees or other amounts due by the Final Date for Payment.
24.2.3. That the Client is in material or persistent breach of its obligations under the Contract.
24.2.4. That the Architect/Consultant is prevented from or impeded in performing the Services for reasons beyond the Architect/Consultant’s control.
24.2.5. We’re required to for legal or regulatory reasons.
24.2.6. We’re no longer able to provide a service (or any part of it).
24.2.7. You’re abusive or threatening, making unreasonable demands on us, including on our time, or abusing our processes.
24.2.8. Your usage of the services is in excess of what we’d expect from a typical client.
24.2.9. Force majeure.
24.2.10. Any other reasonable grounds for suspension or termination of the Contract.
24.3. In the event of suspension or termination, your agreement will continue and, unless we’ve suspended or terminated your services under paragraphs 13.2.5 or 13.2.6, we will be required you to pay:
24.3.1. Your full agreement value; and
24.3.2. Our reasonable costs for suspending your services and resuming them
24.4. The Architect/Consultant shall cease performance of the Services and/or other obligations under the Contract in an orderly and economical manner on the expiry of the notice period after receipt or issue of a notice of suspension or termination.
24.5. If the reason for a notice of suspension or termination arises from a default:
24.5.1. Which is remedied, the Architect/Consultant shall resume performance of the Services and other obligations under the Contract within a reasonable period.
24.5.2. Which is not remedied by the defaulting Party, the Contract shall be ended by the non-defaulting party giving at least 7 days’ further written notice.
24.6. Where Services are suspended by either Party, after serving notice under clause 13.1 or clause 13.2 and not resumed within 6 months, the Architect/Consultant has the right to treat the performance of the services as ended on giving at least 7 days’ further written notice to the Client.
24.7. Any period of suspension arising from a valid notice given under clause 13.1 or clause 13.2 shall be disregarded in computing, for the purposes of any specified time limit, the time taken by the Architect/Consultant to complete any work directly or indirectly affected by the exercise of the right of the Architect/ Consultant to suspend performance.
24.8. Performance of the Services and/or other obligations may be terminated immediately by notice from either party if:
23.8.1. The other Party becomes bankrupt or is subject to a receiving or administration order, and/or goes into liquidation, and/or becomes insolvent, and/or makes any arrangements with creditors.
23.8.2. The other Party becomes unable to perform its obligations through death or incapacity.
23.9. On termination of performance of the Services and/or other obligations under the Contract, the Client shall not be entitled to receive a copy of any drawings and documents produced pursuant to the Services and not previously provided by the Architect/Consultant to the Client.

24. Resolving Problems and Complaints.
24.1. If you’re experiencing a problem with our services, please contact us via: https://www.architecturenorth.co.uk/terms-of-business/digital-contracts/complaints
24.2. Where the complaint is initially made orally to us, you will be asked to complete the form as mentioned in clause 14.1.
24.3. Once our Director has reviewed your written summary of the complaint, we will contact you in writing within fourteen business days to inform you of our understanding of the circumstances leading to your complaint. You will be invited to make any comments that you may have in relation to this.
24.4. Within a further twenty-one business days period, we will advise you of the outcome of our investigation and inform you what actions have been or will be taken.
24.5. If you remain dissatisfied with any aspect of our handling of your complaint please follow points 15. Dispute Resolution.
24.6. You must give us the opportunity to resolve your problems and you must continue to pay your bills whilst we investigate.

25. Dispute Resolution.
25.1. Any dispute in relation to an invoice must be received by us no later than the due date of the invoice. After that period, the invoice must be paid in full.
25.2. Where the sum due under any invoice is not paid in full by the final date for payment and no valid reasons for withholding payment have been received by us within a 2-day period, we will suspend work until full payment is made and any timescales for our work will be extended to reflect the suspension and a reasonable remobilisation period.
25.3. Where we are acting on behalf of a company, invoices may be addressed to the company. However, in your capacity, you agree to guarantee personally the payment by the company of all our costs and disbursements.

Mediation.
25.4. In the event of any dispute or difference arising under the Contract, the Parties may attempt to settle the dispute, in the first instance, by mediation

Adjudication.
25.5. If Mediation has not resolved the dispute, either Party may give notice at any time of its intention to refer a dispute or difference to an Adjudicator.
25.5.2. The appointment of the Adjudicator shall be made in accordance with the RIBA procedures.
25.5.3. The referral of the dispute to an Adjudicator shall be made within 7 days of the issue of the notice.
25.5.4. The Parties may agree who shall act as Adjudicator or the Adjudicator shall be a person nominated, at the request of either Party, by the nominating the RIBA body.
25.5.5. The Adjudicator may allocate between the Parties the costs relating to the adjudication, including the fees and expenses of the Adjudicator.
25.6. If the initial/preferred dispute resolution process is not successful, the dispute shall be referred to the final resolution process:

Arbitration.
25.7. If either Party requires a dispute or difference (except in connection with the enforcement of any decision of an Adjudicator) to be referred to arbitration, then that Party shall serve on the other Party notice of arbitration to that effect and the dispute or difference shall be referred to a person to be agreed between the Parties or, failing agreement within 14 days of the date on which the notice is served, a person appointed by the appointing RIBA body specified on the application of either Party.
25.7.1. The Client or the Architect/Consultant may refer to litigation any claim for a financial remedy that does not exceed the financial limit provided by an order made under section 91 of the Arbitration Act 1996.
25.7.2. In such arbitration the Construction Industry Model Arbitration Rules (CIMAR) current at the date of the referral shall apply.
25.7.3. The Arbitrator shall not have the power referred to in section 38(3) of the Arbitration Act 1996. Litigation
25.8. Either Party may start court proceedings to settle a dispute.

26. Information Formats.
26.1. Provided that all fees and/or other amounts properly due are paid, the Client shall have a license to copy and use the electronic drawings and documents as detailed within Project Initiation of the Contract Details only for purposes related to the construction of the Project or its subsequent use or sale, and they may not be used for reproduction of the design for any part of any extension of the Project or any other project. Such license is subject always to clause 10.3.
26.2. Copying or use of the electronic drawings and documents by any Other Client Appointments providing services to the Project shall be deemed to be permitted under a sub-license granted by the Client, whether such drawings and documents were issued by the Client or on the Client’s behalf.
26.3. The Architect/Consultant shall not be liable for any use of the electronic drawings, data, and documents other than for the purpose for which they were prepared.
26.4. Without prejudice to the Architect/Consultant’s obligations under the Contract, the Architect/Consultant does not warrant, expressly or impliedly, the integrity of any electronic data delivered in accordance with the provisions of Project Initiation the Contract Details.
26.5. For a fee, you can request a copy of your architectural CAD/BIM Or other proprietary software, drawings, and documents which will be compressed, archived, and issued over to the email address, once payment has been cleared.
26.6. The Architect/Consultant shall have no liability to the Client in connection with any corruption or any unintended amendment, modification, or alteration of the electronic drawings and documents which occur after they have been issued by the Architect/Consultant.

27. Client’s Right to Cancel.
27.1. Only under a Domestic Professional Service Contract does the Client has the right to cancel the Contract, for any reason, by sending a notice of cancellation to the Architect/Consultant at any time within 14 days of signing the Agreement.
27.2. The notice of cancellation is deemed to be served as soon as it is posted to the Architect/ Consultant or, in the case of electronic communication, the next business day that it is sent to the Architect/Consultant.
27.3. If the Architect/Consultant was instructed to perform any services before the Contract was made or before the end of the 14-day period and the instruction(s) were confirmed in writing, the Architect/Consultant shall be entitled to any fees and expenses properly due before the Architect/Consultant received the notice of cancellation.
27.4. If you want to end a series or your agreement with us, please contact us. If any service is in its minimum period, you may have to pay a fee as set out in paragraph 2.2. If you want to cancel your agreement with us, please follow the procedure mentioned in paragraph 13.1
27.5. If you want to end the service of your agreement with us outside the minimum period you will have to contact us in writing to give us 30 days’ notice.
27.6. We may immediately end your agreement by giving you written notice if:
27.6.1. We’re entitled to suspend, or all, of the. Services under clauses 13.2.1, 13.2.2, 13.2.3, 13.2.4, 13.2.5, 13.2.6, 13.2.7, 13.2.8, 13.2.9 or 13.2.10.
27.6.2. We believe your services are being used fraudulently.
27.6.3. You become bankrupt, enter into an individual voluntary arrangement, or anything similar
27.7. Termination of services by either party shall result in the scope of services rendered by Architecture North Ltd becoming non-refundable. Therefore, the Client shall not be entitled to a refund for any of the services provided under the scope of work.
27.8. RIBA work stages are dependable on other services. If we or you end one service we may need to end another service, If this is the case, we’ll tell you.
27.9. If the instructions are terminated by either of us you must pay us all remaining fees of the basic fee as specified within our approved quotation within the Contract Details, disbursements incurred before termination, together with any further fees and disbursements for any work that is necessary to transfer our files to another advisor of your choice.

28. Other Important Terms.
28.1. Each paragraph in this agreement operates separately. If any court or relevant authority decides that any paragraph is unlawful, the remaining paragraphs will remain in full force and effect.
28.2. This agreement is between you and us. No other person shall have any rights to enforce any of its terms except for Architecture North Ltd.
28.3. No client addendum or amendments requested by the client will form part of this contract.
28.4. Any modifications or changes to the terms of this contract must be agreed upon by both parties in writing and signed by authorised representatives.
28.5. This agreement is governed by the laws of England and Wales. We both agree to submit to the non-exclusive jurisdiction of the English courts.