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Clients guidance notes

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INDEX:

1. General
2. Services
3. Fees
4. Full Services
5. Partial Services
6. Notes

1. GENERAL
Architects services can usually be tailored to meet most needs for all sizes of projects and can range from simply advising on the practicability of a scheme right the way through to taking responsibility for the complete design and coordination of works up to and including the agreeing of the Final Account with the Contractor.

Please see general notes at the end of this document particularly noting item 4 - Construction (Design Management) Regulations.

Useful publications are available on the RIBA website www.architecture.com

These include (PDF)      “Working with an Architect for your home”

                                    “Finding an Architects”

                                    “Commissioning Architecture”

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2. SERVICES
The service for which we have responsibilities right the way through the project up to completion is called our full or normal  services and can be divided into a number of  clearly defined stages.  Details of these stages are given below.

If  however, as is quite common, we are only required to prepare a design and drawings sufficient for Planning and Building Regulation submissions, each of these items can be quoted for separately (if sufficient information is available to the Architect) and our engagement is then for partial services only.   Partial services will not normally include any detailed design, administration connected with obtaining tenders or organising Contractors to start on site. More information on partial services are given in section 5 of these notes.

 

AWork stages@ are generally described as follows:

Stage A            Inception and Appraisal
Discuss client requirements including time scales, financial limits etc
Carry out initial site appraisal and obtain any information available concerning ownership, existing site features, fences rights of way etc. Agree general brief requirements for project

Stage B                        Feasibility and design brief
Based on brief,  carry out such studies as may be necessary to determine the feasibility of the project. Consider alternative designs and general cost implications.  Advise on the need for the use/engagement of other Consultants (e.g. structural engineer, ecologist)

Stage C            Concept and Outline proposals
Prepare outline proposals for scheme and submit for client approval. Make Outline Planning Application as necessary.

Stage D            Scheme design development
In conjunction with other Consultants where appointed, develop a scheme design based on outline proposals and clients comments. Prepare as necessary budget cost estimates and give where appropriate possible construction start and finish dates. General arrangements of design to illustrate spatial requirements, general size, materials and appearance of building.  Make Reserved Matters of Full planning application

Stage E                        Detail and Technical design
Develop scheme to include details of construction and type and quality of materials sufficient to make an application for consent under current building regulations. Liase with other consultants in developing the design and information required, sufficient for application.

 

Stage F            Production Information
In conjunction with other consultants, where appointed, prepare production information including drawings and schedules that describe the scheme in detail for tender documentation preparation.

Stage G            Tender documentation
Develop specifications of materials and workmanship; provide information for  Schedule of Works or Bill of Quantities all in sufficient detail to allow a Contractor to prepare a tender.

Stage H            Tender action

            Advise on and obtain approval from client of a list of Contractors who are willing to tender for project.  Prepare tender documentation package and invite tenders and appraise and advise on tenders submitted.

Stage J             Project Planning and mobilisation
Advise client on the appointment of the contractor and on the responsibilities of the client, contractor and architect under the terms of the building contract. Where required, prepare the building contract and arrange for signature by client and contractor.

Stage K                        Construction to Practical Completion
Administer the terms of the building contract on site during the course of the       works.
Provide contractor with further information as and when reasonably required.
Make periodic site inspections to assess the general progress and quality of the work.

Stage L             Post Practical Completion
Administer the terms of the building contract as it relates to post practical completion of the        works including inspection at end of rectification period and final inspection at end of project.
Assist user during initial occupation period
(Optional) Review of project performance in use
Give outline guidance on maintenance and provide, if required, sets of drawings showing, in general terms, the as-built construction and main lines of drainage.

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3. FEES
It is not usual however to provide quotes for each stage if the full scope of Normal Services is to be used. It is usually fairer to both sides if the Architects fees are based on an agreed percentage of the construction cost of the scheme.

Obviously this scheme cost will not be accurately known until the works have been out to tender. It is usual therefore, in the initial stages, to use an agreed budget estimate. This estimate is normally provided by the Architect and can be updated as the project becomes more detailed and the true scope and complexity of the works are revealed. The provision of some sort of budget figure is vital if, for example, it becomes clear that the overall cost of the works is going to be too much and the Architects appointment is terminated before a tender is obtained.

In this case there are stated proportions of fees that are due at the more important work stages. These proportions are as follows :
Work stage                   Proportion of fee                      cumulative total
A,B                                 5%                                             5%
C                                  10%                                            15%
D                                  20%                                            35%
E                                  20%                                            55%
F G H                           20%                                            75%
J K L                            25%                                          100%

For example:
A scheme has been prepared in sufficient detail to allow a budget estimate to be prepared and a full planning application to be made. The Architect was employed on a full services basis.  Fees had been agreed at 10% of the construction cost of the works. 

The resultant estimate when received, suggested an overall construction cost for the project of £250,000 (ex VAT) and on this basis the client decided not to pursue it.

Fees due would be £250,000 x 10% x 35%  - where 35% is the cumulative proportion total that is due up to stage D (full Planning Application stage )                    i.e. £8750 + VAT

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4.  FULL SERVICES
Whilst these are explained reasonably fully in the Architects Appointment documents published by the RIBA and available from the RIBA Bookshop, we have found that for many projects typical services comprise of:
(i)         Taking basic instructions and formulating and agreeing a brief for the proposed works including a guide to funds available to be spent on the construction work. We would also advise on the employment of other Consultants (e.g. Structural Engineer or Quantity Surveyor) should there be sections of the work that  require specific expert advice and would benefit from their employment.

(ii)         Drawing up sketch plans, elevations etc. based on the brief and if necessary amending either plans or brief (or both) to suit changed and/or more requirements. At this stage also it is possible for us to prepare alternative schemes should there be other valid solutions to the design brief.

(iii)        Making a Planning Application for the project and negotiating as may be necessary with the Island Planning Officer.

     However, it must be remembered that no matter how much we may negotiate or revise drawings to suit comments made by the Planning Officer, we cannot guarantee that a Planning Permission is obtained.

(iv)        Preparation of  more detailed drawings for submission to the Local Authority to check compliance with the Building Regulations. At this stage, calculations are carried out to prove compliance with current energy use performance requirements

(v)        The preparation of drawn details that the project may require to amplify and clarify for a Contractor, certain elements of the construction. Also included at this stage would be the preparation of a specification of works in which materials and designs are agreed for items such as  kitchen equipment, sanitary fittings, floor and wall tiling, floor, wall and ceiling finishes, type of heating system, layout of electric power and lighting points and  external landscaping.

(vi)        The preparation of tender documents and the obtaining of competitive (usually fixed price) tenders from 3 - 6 (depending on the scope and size of the work) reputable, good quality and NFB/BEC registered Contractors.  We would then advise on the results of the tender and instruct the selected Contractor to execute the works should the price prove satisfactory

Sometimes and for many reasons, tender prices are too high.  Normal Services includes for agreeing as necessary any reasonable and practical reduction in the size or scope of the project together with its associated costs with both Client and Contractor.

What our services do NOT include however is for a Abroad brush@ redesign of the project and a new set of tender documents.

(vii)       The preparation of Contract particulars for signature by both Employer and Contractor (see note 1), periodic inspections by the Architect (typically once a week) to ascertain that the works are proceeding generally in accordance with the plans and specifications. The Architect will also issue to the Contractor instructions for any variations necessary to the works (there are inevitably variations to be agreed and instructions to be given as the works proceed) and obtain any cost implications of changes made

            Contract work payments:
            Payments during the course of work are normally made on a monthly basis. The Architect obtains a valuation (of the months work) from the Contractor agrees it or modifies it as necessary and issues an Interim Certificate. This is an instruction to the Employer to pay the Contractor whatever the amount is, as stated in the Certificate.

           
(viii)      Settle, on behalf of the Client, the Final Account with the Contractor and issue the Final Certificate giving details of overall costs, monies paid to date, residues due etc.

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5. PARTIAL SERVICES
A   General matters
(i) Advantages
(a)        It is usually a cheaper alternative to employ our professional services simply for the initial design and drawing elements of a project up to stage E of the plan of work

(b)        Many people are quite well versed in construction techniques for domestic or minor commercial construction. They often feel that our services for preparing detailed drawings, writing specifications and obtaining tenders are not needed or not relevant (if the client is going to execute the works for him or herself). Thus there is no point in paying for them.

(c)        Drawings that we produce for submission under Building regulations, whilst not fully detailed, are normally sufficient for skilled, competent and well resourced Contractors to use for building purposes, leaving them to use their good own building practice and expertise to achieve the desired result.

(d)        For works of a very simple nature the amount of specification and determination of standards and materials may be quite limited. In some cases it may be unimportant. In these cases it is not essential for the Architect to be employed for these stages.

(ii) Disadvantages
(a)        When Architects quote for services, the scope of the service has to be very well defined and any variation will normally be charged as an extra (on a time engaged basis). If the proposals are not particularly clear at the outset then quotes will be higher to reflect the increased risk of unforeseen extra work that might be needed. It could be the case that a quote for a specific stage works out more expensive than the apportioned amount of a percentage fee.

(b)        It is also normal to quote for only one sketch design solution since this is the way to the cheapest design cost, some allowance for amendments are made but not for a complete redesign. This would be either re-quoted or charged extra on a time basis.

(c)        Not all builders interpret good building practice in the same way. If a specification is not written and the works are not "self build" then clients are to some extent reliant on their Contractors as to what standards are being used and what quality level of fixtures and finishes are being applied.

(d)        For the client, the load of organisation and administration of the project rises in proportion to the fewer services that the Architect is asked to provide.

(e)        If a Contractor is being employed to execute the works there will not be the mutual protection of a standard form of Building Contract.

B   Services provided
Partial services are normally undertaken on a lump sum fee basis (subject to the exclusions in notes 2 and 3 above).

Typically these services comprise:

(i)    A measured site, and/or building survey including the taking of levels and drawing out to a suitable scale.

(ii)   The preparation of a sketch design for approval based on the brief as agreed. Advise on the likelihood of other Consultants being required.

(iii)   Modifying, if necessary, the sketch scheme and prepare any extra information that might be necessary sufficient for the submission of a Planning Application. The Local Authority processing fees would be paid for by our clients.

(iv)  Preparing further information and include more detail on existing drawings, make simple calculations as necessary sufficient for the submission of a Building Regulation application. As with the Planning Application the Local Authority require a processing fee which is paid for by our clients at the time of submission. If more detailed engineering calculations are required then these would have to be undertaken by a Structural Engineer. He would engaged by you direct and submit fees direct to you as client.

(v)   Further services are usually charged for on a time engaged basis.

See below for general notes

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NOTES

Note 1  Contracts
It is usual for all except the most simplest of building operations for Architects to ask both parties to sign a standard form of Building Contract as issued by the Joint Contracts Tribunal. These building contracts have been formulated and modified over many years and provide a framework within which the building works are undertaken. They provide protection (to both sides) in the event of default of one party or the other, they provide mechanisms for payment, insurance, starting and finishing dates, the period that the builder has to make good defects and numerous other matters.

Unless our clients have strong and reasoned arguments for not entering into an appropriate JCT form then we ask that a Contract for the works is entered into before any works start or materials ordered. At this point the drawings prepared and specifications written become incorporated as part of the Contract documents.

Note 2  Surveys
Full services do not normally include for measured site or land surveys or surveys of existing buildings. These are generally charged extra on a time engaged basis and have to be undertaken by a specialist land surveyor.

Note 3  LA and Statutory Undertakers processing and installation fees
Architects fees exclude any Local Authority (LA) processing fees or any charges that might become due to say Southern Water, Southern Electric, BT etc.

Note 4  Contingency sums and errors and omissions
Whilst our best endeavours are made to eliminate errors and omissions to the drawings and specification of works, sometimes such things occur. A contingency sum is always included in the specification to cover such matters and to allow some scope for varying the works without increasing the contract price.  Occasionally however, changes have to be made because of unforeseen circumstances and very occasionally,  these can lead to a substantial change in the final building cost. We obviously endeavour to minimise these events and would advise our clients at the earliest possible stage of any cost implications involved.

Note 5   Construction (Design Management Regulations) 2007
Except for certain domestic works and works of a minor nature as defined in the Regulations, all building operations are likely to fall within the scope of the above regulations - commonly called the CDM Regulations.  Under these regulations - which govern the management of health and safety planning at the both design and construction stages of works - the client has some potentially onerous legal obligations as he has overall responsibility for the health and safety issues of the project other than day to day issues arising during the construction phase. These obligations include, amongst other things, the appointment of a competent CDM co-ordinator (CDM-C).  It is the CDM-C’s to advise and assist in the management of health and safety issues arising during the inception and design stages of the project so that these issues are fully identified and either eliminated or minimised. The CDM-C also has a duty at the end of the project for providing the client with the Health and Safety file.

We as Architects have an obligation to inform our clients of the existence of the CDM regulations and of the duties that the client has under them.