Terms & Conditions
1.1 Our Services will be in accordance with the RIBA Work Stages as current at the date of this Quotation.
1.2 This Appointment shall be directly between the Employer and Studio Werc Ltd (Company Registration No: 10626410) and is to be executed under hand.
1.3 Where the Employer is itself a consultant, Studio Werc Ltd’s liability shall only be to the Employer itself.
1.4 The Appointment shall be for those Services listed in this Quotation only.
1.5 Services required from other disciplines, specialists, surveyors etc., shall be the subject of direct appointment(s) between the Employer and those other disciplines, specialists or surveyors.
1.6 There is a charge of £1,000 + VAT to negotiate a bespoke Fee Agreement with the Employer outside of Item 1.1.
2.0 Responsibility of the Architect
2.1 Studio Werc Ltd agrees to do the following:
i) carry out the Services with reasonable skill, care and attention, and in accordance with applicable legal duties and responsibilities, including those outlined in the Codes of Conduct of the Architect’s Registration Board and Royal Institute of British Architects.
ii) Co-operate with these other consultants appointed by the Employer.
iii) Unless stated otherwise the Project Timetable and initial Construction Cost are deemed ‘to be agreed’ and Studio Werc Ltd will carry out the services with consideration of a fair and reasonable time period and cost constraints.
2.2 Studio Werc Ltd will act on behalf of the Employer in the matters set out in this Appointment, but has no Authority to carry out the following without the Employer’s permission:
i) Sub-contract any of the services.
ii) Enter any contractual or other commitment on behalf of the Employer.
iii) Make any material alteration to the Services or approved design.
3.0 Responsibility of the Employer
3.1 The Employer agrees to do the following:
i) Provide Studio Werc Ltd with any relevant information required to complete their Services.
ii) Comply with the Employer’s duties under the Construction (Design and Management) Regulations 2015, where applicable.
iii) Grant full authority to Studio Werc Ltd to act on behalf of the Client in connection with matters set out in this Appointment.
4.0 Changing the Services
4.1 Only the Employer can change the services. Changes will be dealt with as follows:
i) If the changes increase Studio Werc Ltd’s services, Studio Werc Ltd will advise the Employer of any additional fees the Employer will incur. Studio Werc Ltd must do this before the Employer decides whether or not to instruct this additional service.
4.2 Services in addition to those listed in this Agreement will be undertaken on a time charge basis plus expenses and VAT, or for a pre- agreed Fee. Refer to ‘Additional Services’ section included in this Fee Proposal.
5.1 Unless agreed otherwise, Fees shall not be contingent on success in applications to Local Planning Authorities, Appeals or any other such Statutory consents etc.
5.2 In addition, Fees shall not be contingent on Contractor’s achieving their construction programme or budget. Should the Completion Date be extended Studio Werc Ltd reserve the right to negotiate an additional fee to cover our prolongation costs.
5.3 Our hourly rates are set out in the quotation provided. These are subject to regular review and may be changed without prior notification.
5.4 Where the Fee or Fee component is Time Charged, Studio Werc Ltd will issue a record of time expended on those services if requested.
5.5 Studio Werc Ltd are VAT registered in England and Wales (VAT Registration No. 317 5042 25) and would charge VAT on Fees at the current rate.
6.1 Fees will be invoiced monthly on the basis of progress through the work stages as defined in the current RIBA Plan of Work.
6.2 Payment is due strictly within 14 days of the date of the invoice. If there is any query regarding this invoice, this must be notified to us within 7 days of the invoice issue date. If notification is not received within this period then the invoice will be deemed as accepted.
6.3 Interest in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 shall be added to all amounts which remain unpaid after 14 days.
6.4 Studio Werc Ltd reserves the right to suspend the performance of our terms of Appointment with 7 days’ notice, where one or more invoices has become greater than one month overdue.
6.5 Payment shall be in pounds stirling by BACS transfer to Studio Werc Ltd’s bank or by Xero payment, details of both are included on our invoices.
Expenses and Disbursements
7.1 Expenses and disbursements made or incurred by Studio Werc Ltd on behalf of the Employer, including printing and postage, shall be additional to the fee and charged pro- rata at the standard rate set out in the quotation.
8.0 Duration of Offer
8.1 This Quotation is valid for 3 months or the period as set out on the original quotation.
8.2 If this Fee Proposal has not been accepted within this period, Studio Werc Ltd reserve the right to re-negotiate as required.
8.3 Studio Werc Ltd reserve the right to retract the quotation at any time prior to acceptance.
9.0 Intellectual Rights
9.1 Studio Werc Ltd will hold the copyright in any documents prepared under this Agreement.
9.2 Providing all fess are duly paid, the Client shall have a licence to copy and use the drawings and documents only for the purposes related to the that set out on the issued drawings, but may not be used for reproduction of the design for any part of any extension to the Project or any other project. This Licence will not pass to the Client’s successors in title.
9.3 Studio Werc Ltd shall not be liable for any use of the Documents other than for the purpose for which they have been prepared.
9.4 Studio Werc Ltd shall have the right to publish photographs of the Project, and the Employer shall give reasonable access for this purpose for two years after practical completion of the construction works.
10.0 Professional Indemnity Insurance (PII)
10.1 Our PII policy currently covers us up to £1,000,000 for each and every claim, claim amount is capped to a maximum of five times the accepted quotation.
10.2 Studio Werc Ltd will maintain an appropriate level of Professional Indemnity Insurance for a period of six years from the completion of the Services.
10.3 Details of our insurance can be provided on request.
11.0 Limit of Liability
11.1 No action may be taken under this Appointment following the expiry of six years from the completion of the Services.
11.2 Notwithstanding anything to the contrary in this Agreement, the liability of Studio Werc Ltd under or in connection with this Agreement whether in contract or in tort, in negligence, for breach of the statutory duty or otherwise (other than in respect of personal injury or death) shall not exceed in aggregate the sum of five times the accepted quotation amount for the project.
11.3 Studio Werc Ltd will not be liable for any losses, costs, action, proceeding or claims arising out of or in connection with asbestos, fungal mould or pollution and contamination.
12.1 Neither the Employer nor Studio Werc Ltd shall assign or transfer any benefit under this Agreement to any third party without the other’s express consent in writing, and subject to all due fees being settled.
13.0 Collateral Warranty Agreements
13.1 Studio Werc Ltd will only enter into any warranty agreements with third parties or funders at Studio Werc Ltd own discretion.
13.2 Studio Werc Ltd would charge an additional fee of £1,000 + VAT for each Warranty.
14.0 Dispute Resolution
14.1 Each party will endeavour to resolve disputes under this Appointment by mediation.
14.2 If resolution cannot be achieved through mediation, the Employer or consultant will endeavour to resolve disputes within 21 days through Adjudication in accordance with CIC Model Adjudication Procedures current at the date of the reference.
14.3 The appointment of a mediator or adjudicator will be agreed or nominated by the President of the Royal Institute of British Architects
14.4 For consumer Clients, the RIBA Adjudication Scheme for Consumer Contracts would apply.
14.5 If the Employer or Studio Werc Ltd chooses adjudication to decide disputes they both accept that the cost, rules and procedures involved will become part of this agreement.
14.5 Employers can refer to the complaints procedure below at any time.
15.1 The Appointment may be terminated by mutual agreement of the parties or by either party if a breach of the terms has not been remedied fourteen days after notice has been served that the breach be remedied.
15.2 On termination of the Appointment any outstanding fees, expenses or disbursements due, shall be paid to Studio Werc Ltd within fourteen days of its proper issue of an invoice.
15.3 For consumer Clients only, The Cancellation of Contracts made in a Consumer’s Home or Place of Work Regulations applies.
16.0 Applicable Law
16.1 The Appointment will be made and shall be governed by the laws of England and Wales.
16.2 This agreement does not rule out or limit any other legal remedies which may be available to the Employer of Studio Werc Ltd.
16.3 Only the Employer or consultant can take action to enforce the terms of this agreement.
16.4 The Appointment is not intended to confer any rights on any third party pursuant to the Contracts (Rights of Third Parties) Act 1999.
Studio Werc's reputation is underpinned by our commitment to delivering an excellent service to our clients. If you have a complaint to make, this note sets out the procedure to be followed in respect of our architectural services.
Most complaints are the result of misunderstandings. In the event of a complaint, the first step is to contact the Director working with you on your project, by email, phone or at our offices at 40 Lisle Close, London, SW17 6LB. Where the complaint is initially made orally and cannot be immediately resolved, you will be asked to send a written summary of your complaint.
Once we have reviewed your written summary of the complaint, we will contact you in writing within fourteen 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. Within a further twenty one days we will advise you of the outcome of our investigation and inform you what actions have been or will be taken.
If you are still dissatisfied, please write to the Practice, setting out the reasons for your dissatisfaction.
Within twenty one days, we will write to you to advise the outcome of our review of your complaint and to let you know what further actions have been or will be taken.
If you remain dissatisfied with any aspect of our handling of your complaint, it may be referred to the Architects Registration Board: Architects Registration Board, 8 Weymouth Street, London W1W 5BU, Tel: +44 (0) 20 7580 5861.