Terms and Conditions

1. General

1.1 “the Member” is a Chartered Architectural Technologist and a Member of the Chartered Institute of
Architectural Technologists.

1.2 “the Client” is the home owner/occupier who commissions services from a Member.

1.3 “the Agreement” means the agreement between the Member and the Client including these Conditions of
Engagement.

1.4 “contract administrator” may be “the Member” as defined in 1.1 above, who is engaged to undertake the
duties as outlined in Clause 4 and administer the contract.

2. Member’s services

2.1 The Member will issue the Client with a list of services in writing to be provided by the Member and the
Member and the Client will agree the Services and any specific quality standards to be provided by the
Member.

3. Client’s responsibilities

3.1 The Client will provide a clear explanation of the project requirements and any relevant information requested
by the Member needed to carry out the agreed Services.

3.2 The Client will provide the Member with clear information about the Client’s budget and required timescales
for completion of the Member’s services and the project.

3.3 When required, the Client shall appoint any other professional specialist services on the understanding that
those fees shall be separate from, and additional to, those charged by the Member. The Member shall not be
responsible or liable for the work of those other professional specialist services.

3.4 The Client will be available at all reasonable times throughout the project in order to give due consideration
to the Member’s advice and the Member’s queries and agrees to provide any required responses within a
reasonable time period.

3.5 Where the Member is acting as contract administrator under the building contract, the Client will not impede
or interfere in the Member’s communication with the Building Contractor or the provision of any certificates
issued by the Member. It is further agreed that the Client will not give any instructions to the Building
Contractor or agree any variation in the Services directly with the Building Contractor without having
consulted the Member first.

4. Member’s responsibilities

4.1 The Member may, when appropriate, provide the Client with a realistic timetable for the implementation of
the project based on the information provided by the Client and the requirements of the project and shall
provide details of all reasonable methods to ascertain the estimated costs of the building work.

4.2 Where necessary, the Member shall advise the Client of any requirement to appoint other consultants,
specialist contractors or sub contractors to undertake part of the design, inspection or certification of the
project.

4.3 The Member shall use all reasonable endeavours to integrate into the design for which he is responsible the
designs or calculations of the other consultants, specialist contractors or subcontractors, provided always
that the Member shall not be responsible for the accuracy or errors within such designs or calculations.

4.4 The Member, if specifically instructed to do so in writing by the Client, shall make such periodic inspections
of the building works as he considers reasonably necessary to check the progress of the works and to see
that the Building Contractor is generally complying with the requirements of the building contract
documents.

4.5 The Member shall not be responsible for the work of, or design by, the building contractor nor for any failure
of the building contractor to complete the building work in accordance with the terms of the building
contract.

Conditions of Engagement for domestic projects England and Wales

4.6 If appointed as contract administrator, the Member shall act in a fair and impartial manner as between the
Client and the Building Contractor, when administering the building contract.

4.7 The Member may act as the Client’s agent to apply for any necessary statutory approvals (such as planning
permission and building regulations approval) and will use all reasonable endeavours to obtain them, but
cannot guarantee that such approvals will be obtained.

4.8 The Member shall exercise reasonable skill, care and diligence to be expected of a Member of the
Chartered Institute of Architectural Technologists in his duties and obligations in the performance of the
agreed Services.

5. Fees

5.1 The amount of the Member’s fee and dates for invoicing the Member’s fee shall be agreed between the
Member and the Client.

5.2 The Client shall pay the invoiced fees within 28 days of the date of the Member’s invoice, unless otherwise
agreed.

5.3 The Member’s fee shall not include VAT which shall be charged to the Client in addition to the Member’s fee,
if the Member is registered for VAT.

5.4 The Member’s fees shall not include local authority fees or charges associated with statutory approvals and
other professional or specialist services.

5.5 The amount of any expenses (including but not limited to printing, photography, hotels, travel and
subsistence) to be charged to the Client in addition to the Member’s fee and shall be agreed between the
Member and the Client.

5.6 A Member shall be entitled to charge interest on any fees that are unpaid after the agreed date for payment.
Interest shall be charged at 5% above the Bank of England base rate from time to time.

5.7 If the Client changes the services to be provided by the Member:

5.7.1 any addition or variation to the Services will entitle the Member to charge the Client an additional fee. Details of such additional services and variations and any additional fee due shall be provided in writing by the
Member and agreed between the Member and the Client as soon as possible;

5.7.2 any reduction to the services will entitle the Client to a reduction in the Member’s fee. Such reduction shall
be provided in writing by the Member and agreed between the Member and the Client as soon as possible.

6. Copyright

6.1 The copyright in all designs, drawings, reports, models, specifications, bills of quantities, calculations and any
other documents prepared by the Member (“the Documents”) shall remain vested in the Member. As long as
the Member has received the payment of any fees properly due and owing, the Member grants a licence to
the Client to copy and use the Documents for the purposes of the project only (excluding any extension of
the project). The Member shall not be liable for any use of the Documents for any purpose other than that for
which they were prepared and provided by the Member.

7. Duration of Member’s liability

7.1 The Member shall have no liability to the Client under this Agreement after the expiry of six years from the
completion of the services.

8. Termination

8.1 Either the Client or the Member may terminate the Agreement by giving thirty days written notice to the other
party. The Termination Notice shall not take effect for a further seven days to provide the opportunity for the
other party to respond to such Termination Notice. If after these additional seven days, the reasons for the
Termination cannot be set aside through written agreement, the Agreement will be terminated and take
effect without any further notification.

8.2 The Agreement shall terminate immediately if:

8.2.1 the Client (or any one of them if there is more than one) is adjudged to bankrupt or enters into a voluntary
arrangement with creditors;

8.2.2 the Member dies or becomes incapacitated unless there are business arrangements in place to address this by the Member’s Practice.

8.3 Upon termination of the agreement, the Client will pay the Member’s fee for those services provided up to
the date of termination of the Agreement.

©CIAT February 2015 and supersedes all other versions previously produced by CIAT

9. Disputes

9.1 If the Client and the Member are themselves unable to resolve any disputes between them arising out of the
Agreement:

9.1.1 the Client or the Member can start Court proceedings; or

9.1.2 the Client or the Member can refer the dispute to the Chartered Institute of Architectural Technologists’
Dispute Resolution Scheme which is run independently by the Independent Dispute Resolution Scheme
(IDRS), a subsidiary of the Centre for Effective Dispute Resolution (CEDR).

10. Law

10.1 The laws of England and Wales apply to the Agreement.