Terms and Conditions of Business
1. On receipt of written confirmation of agreement to architectural services as detailed upon quotations, Strata Architects Ltd will commence works.
2. The client shall provide Strata Architects Ltd with current and up to date contact details and addresses. If these are to change during the period of works new contact details are to be provided.
3. The client shall be responsible for providing Strata Architects Ltd with safe access to the property/site as and when required.
4. Prior to engaging any design services, the client is to ensure that possession of the full facts in terms of ownership, including any restrictive covenants and the position of any public utility services which cross or pass close to the property/site.
5. The client is to provide Strata Architects Ltd with any known information or details that may affect or influence the project prior to commencement of architectural works. Strata Architects Ltd will not to be held responsible for any information or details that are not declared by the client.
6. Additional, unforeseen and requested alterations to architectural works outside of that listed upon the agreed quotations are subject to new quotations. Strata Architects Ltd will inform clients of any additional works prior to commencement of these works.
SERVICE AND CHARGE OUT FEES – PLANNING AMENDMENTS
7. Additional works required over and above those listed in the agreed quotation will be charged as per our Service and Charge Out Fees (dated January 2022) which are an Appendix to these terms and conditions of business.
8. Strata Architects Ltd cannot guarantee that planning permission and/or Building Regulations approval will be granted because these decisions rest with the local authority. When engaged to submit an application, Strata Architects Ltd will consider any local authority guidelines and statutory requirements so it has the best chance of success.
BUILDING WORKS AND THIRD PARTY
9. It is always recommended that building works are NOT commenced on site until planning and building regulation approvals have been granted (including the discharge of planning conditions). Any works started prior to all approvals being granted, including those which may require you or your contractor to apply for, are undertaken at the property/site owner’s risk.
10. Strata Architects Ltd is not responsible for managing the builder’s /contractor’s programme of works, or for organising the work on site – responsibility rests with the builder/contractor, including the responsibility to notify client with delays and concerns.
11. It is the client’s responsibility to appoint third party consultants, specialists and engineers (i.e. Structural Engineers, Party Wall surveyors, Ecologists, Arboriculturists or Flood Risk Assessment) and reports for Energy Efficiency calculations and Flood Risk Assessment/s. Strata Architects Ltd is not responsible for the works and performance of these third-party consultants, specialists and engineers, or payment of their fees.
12. It is the client’s responsibility to fully comply with their duties under Construction (Design and Management) Regulation 2015 (CDM). The client is to appoint a principal designer and contractor to assist in identifying, obtaining and collating the construction information and preparing the health and safety file. Strata Architects Ltd can act as principal designer if the client requires. The fee will be subject to the project requirements.
LOCAL AUTHORITY FEES
13. The client shall pay all local authority fees direct and under no circumstances will these fees be paid by Strata Architects Ltd on behalf of the client.
14. The copyright in all designs, drawings, reports, models, specifications, and any such other documents prepared by Strata Architects Ltd are protected by the Copyright and Design Act 1988 and shall remain the property of Strata Architects Ltd unless otherwise agreed, in writing.
15. Subject to Strata Architects Ltd having received payment of any fees properly due and owing, Strata Architects Ltd will grant a license to the client to copy and use the documents for the agreed project only.
16. The CAD files upon any project remain the property of Strata Architects Ltd and are not to be copied and supplied to another third party unless otherwise agreed for a fee at the discretion of Strata Architects Ltd.
17. Strata Architects Ltd shall not be liable for any use of documents for any purpose other than that they were prepared for by Strata Architects Ltd.
18. Strata Architects Ltd reserve the unrestricted right to use and publish drawings, visual representations and photographs for marketing purposes.
INVOICING AND PAYMENT
19. Strata Architects Ltd reserves the right to raise stage invoices at any stage during the contract period.
20. All invoices are due for payment 14 days from the date of issue. Interest will be calculated under The Late Payment of Commercial Debts (Interest) Act 1998 on any invoices not paid on time and will be charged along with the compensation fee. Overdue invoices for private individuals will attract interest at the Statutory Rate of 8.5% per annum. The legal and non-legal costs (whether or not legal proceedings are instituted) incurred for enforcing the claim and collecting the debt including the fees of the collecting agencies and solicitors shall be reimbursed to Strata Architects Ltd.
21. All works will be discontinued until receipt of cleared payment of raised invoice that are beyond the 14 days payment terms.
22. VAT will be added to all invoices and charged at the rate applicable at the time of invoicing.
TERMINATION OF CONTRACTUAL AGREEMENT
22. Both the client and Strata Architects Ltd have the right to terminate their contractual agreement at any time. Strata Architects Ltd is to discontinue any works underway and raise an invoice for any work to date. The client is to pay any outstanding invoices. Upon receipt of payments to outstanding invoices the client and Strata Architects Ltd are to terminate their contract in writing.
23. It is the right of either party to terminate their agreement for material breach of this contract. The right to terminate shall lapse if it has not been exercised within 35 days after giving notice in writing of the breach to the other party.
24. Termination of this contract shall not affect any rights or remedies of the client or Strata Architects Ltd which exist at the date of termination.
VARIATION OF TERMS AND CONDITIONS OF BUSINESS
25. These Terms of Business cannot be varied unless agreed in writing by a Director of Strata Architects Ltd.
SERVICES AND CHARGE OUT RATES (January 2022)
APPENDIX 1 - Terms and Conditions of Business
Prior to any work undertaken, we offer a one-hour free consultation in which the brief can be discussed and details can be exchanged. At this stage it should be clear that neither party has committed themselves to anything further than an introductory meeting.
Services and Charge Out Rates are as follows and are subject to VAT which will be charged at the rate applicable at the time of invoicing:
Director £95.00 per hour
Senior Technician £65.00 per hour
Technician £35.00 per hour
Measured Survey of existing Site / Building and production of drawings.
2. Sketch Proposals produced to scale for consultation.
3. Completed proposals for Planning Application and interior scheme proposals.
4. Working drawings including detailing for Building Regulations Application and gaining cost structures from contractors.
5. Site visits and consultations with clients or any associated authorities or associated Trades.
6. 3D modelling and visual representations will be priced individually.
7. Any additional works requested by the Client to the variation of the originally agreed brief and quotation will be charged out at the above rates.
8. Any additional works requested by the Local Planning Authority during the planning process will be charged out at the above rates.
9. At each stage and at the request of any additional services you require we will provide you with a written estimate based on the above rates.
10. Invoices will be raised either on a monthly basis of works to date completed or at each of the following stages:
(i) Measured survey and production of existing drawings.
(ii) Upon validation of Planning submission.
(iii) Works undertaken in regards to Planning Conditions attached to the Planning Decision Notice issued by the Local Authority.
(iv) Upon submission of Building Regulations details to Local Authority or Building Inspector, 85% of the quotation for this stage will be invoiced to the client.
(v) Upon approval of Building Regulations details, the remaining 15% balance will be invoiced to the Client.
11. Any additional printing costs will be applicable to VAT and if necessary, to postage and packaging:
Size Cost per item
12. No allowance is made for third party fees including but not exclusive to: Structural Engineers, Flood Risk Assessment, Party Wall surveyors, Energy Efficiency calculations, Ecologists, Arboriculturists or Flood Risk Assessment. Equally, utilities and services entering your site that may not be in your ownership should be identified by yourselves and the information presented to Strata Architects Ltd as soon as possible.
13. Where we are able to access Service maps there will be an associated cost passed directly to the Client.
14. Where Ordnance Survey plans are required there will also be a comparative fee depending on the scale of plan required.
15. All invoices and the above rates are subject to VAT which will be charged at the rate applicable at the time of invoicing.