JV Ref Annex 2 Annex 2A Annex 4 Annex 5 Annex 8
No. Architect Interior designer Structural engineer Building services Lead consultant
engineer
Stage 2
2.1 (A.2.2.8) (A.2.2.8) (A.2.2.8)(A4.2.7) (A.2.2.8)(A5.2.11) (A.2.2.8)
In cooperation with the In cooperation with the In cooperation with the In cooperation with In co-operation with other members of the other members of the other members of the the other members of the other members Project Team, complete Project Team, complete Project Team, and in the Project Team, and of the Project Team, the design of the Project the design of the Project accordance with the in accordance with the complete the design up to tender stage. up to tender stage. Issue Contractor Client’s brief Contractor Client’s brief of the Project up
the Contractor Client with complete the structural complete the building to tender stage.
a set of tender drawings, design element (including, services design element specification sheets and if necessary bar bending of the Project up to workmanship specifications schedules) of the Project tender stage.
for the interior elements, in up to tender stage.
the agreed tender works package format.
2.2 (A5.2.3) (A5.2.3) (A5.2.3) (A5.2.3) (A5.2.3)
Work closely with the Work closely with the Work closely with the Work closely with the Work closely with the Contractor Client and the Contractor Client and the Contractor Client and the Contractor Client and the Contractor Client and Project Team to ensure that Project Team and use best Project Team to ensure Project Team to ensure the Project Team to the building services design endeavours to ensure that that the building services that the building services ensure that the is fully integrated with the the building services design design is fully integrated design is fully integrated building services overall design of the Project is fully integrated with the with the overall design of with the overall design of design is fully and that the works can be overall interior design of the the Project and that the the Project and that the integrated with the completed within the Project and that the interior works can be completed works can be completed overall design of amount allocated for building design can be realized within within the amount within the amount the Project and that services in the approved the allocated budgets and allocated for building allocated for building the Works can be cost limit and within the programme period. services in the approved services in the approved completed within the
programmed time. cost limit and within cost limit and within the amount allocated for
the programmed time. programmed time. building services in the approved cost limit and within the programmed time.
2.3 Lead the Design
Team and coordinate (Continued)
spatially and technically all elements of the design including the work of other Consultants, Contractors and Suppliers and integrate into the overall design of the works during the tender process.
2.4 Lead the Design
Team and coordinate a response to any Contractor Client queries that may arise during Stage 2
2.5 (A8.2.10)
Coordinate all design work, ensure that the designs are fully integrated and are tested throughout the design phase against costs targeted and planning or other controls and take any action necessary to rectify deficiencies.
2.6 (A2.2.1) (A2.2.1) (A2.2.1) (A5.2.7 part) (A2.2.1)
In cooperation with the Prepare preliminary In cooperation with the In cooperation with the In cooperation with other members of the schedule of drawings and other members of the other members of the the other members of Project Team, develop the specification sheets to Project Team, develop the Project Team, develop the the Project Team, scheme design within the illustrate scope of scheme design within the scheme design within the develop the scheme
submit to the Contractor and agree tender works submit to the Contractor submit to the Contractor approved cost limit Client for approval giving packages with the client Client for approval giving Client for approval giving and submit to the details of proposed and Project Team. In details of proposed details of proposed Contractor Client for specification and cooperation with the other specification and Services. specification and Services. approval giving
Services. members of the Project details of proposed
Team, develop the scheme specification and
design within the approved Services.
cost limit and submit to the Contractor Client for approval giving details of proposed specifications and details.
2.7 Prepare and agree a
resource loaded design programme for the remainder of the design process on a package-by-package basis with the Contractor Client and incorporate the programme requirements of the other Consultants to ensure integration with the Project Programme.
Figure 7.4
An example of a schedule of services
consultant’s appointments are to be found as prescribed by turnkey or design and build contractors who themselves will be contracted direct to the client to deliver the project’s design and complete construction and fitting-out on a fixed price and timescale basis.
Their attention to the detail of consultant’s appointments is in some cases extreme but nevertheless reflects their understanding of the risk of failure on any part of the process.
The other aspect worth consideration in reinforcing in any con-sultancy agreement or contract is that of professional duty of care.
This imposes an automatic duty of care on each individual special-ist consultant arising from the law of tort, which is concerned with conduct, which causes harm to a party’s personal, proprietary or financial interests. While responsible for their own area of expert-ise, all consultants regularly engaged in working in construction have a duty of care to warn of any omission on the part of the other that comes to their attention.
Negligence claims require three essential elements: namely the existence of a legal duty of care, a breach of that duty, and conse-quential damage. It should be noted that consultants can only be held responsible for negligent acts or omissions and not for failing to satisfy the clients objectives, for example if an architect or designer presents his design proposals and the client rejects them, if it can be demonstrated that the requirements of the brief have been addressed, the client has to pay for the work done. This exam-ple clearly demonstrates the contractual importance of the brief in appointing consultants; note though that as the client is deemed in law not to be expert, the consultant has a duty to develop and agree the project brief with the client. Whereas there has been a tendency in recent years for consultants to move towards providing the client with what he wants, it should be remembered that the func-tion of a professional person is to provide what the client needs, the agreement on a developed and detailed brief is of paramount importance within the consultant’s agreement and to realize the client’s project objectives.
Other aspects of the terms of appointment that need to be addressed include provision for:
Collateral warranties. A fundamental principle of contract is that only the contractual parties have any rights or duties under that contract, therefore for any third party, such as the party provid-ing the loan finance for the project, which commonly can be 70%
of the total finance, to have any claim any third party would require the benefit of a prescribed form of warranty to create a contractual relationship and provide for the rights to seek a remedy if design defects became apparent after completion.
Copyright. In general, copyright remains with the originator or creator for his or her lifetime and for 50 years thereafter. It is unusual to transfer copyright, but more normal to grant a licence to use the copyright material for a particular purpose or for a particular period of time. In hospitality projects where it is common to
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develop multiple units of a successful product it is important to resolve this provision in agreements.
Simple or speciality contract. A simple contract is executed under hand, whereas a speciality contract, which can and normally is the same document, is executed as a deed. The important differ-ence between the two is that the former requires a consideration present between the parties to be valid and an action for breach between the parties is limited to a period of six years after the date of the breach. The latter does not require a consideration to make it valid and the limitation period is twelve years from the date of the breach.
Expenses. There is no automatic right to expenses and fees quoted should clearly state these are excluded otherwise the client can assume they are included.
Design stages. It is advisable for all consultants’ agreements to set out the different work stages, with the proviso that no stage is progressed until the precedent stage has been completed and the subsequent authorized. Reference should be made to the coord-inated design services matrix, as different consultants’ work stages are inter-dependent on the performance of the other.
Design programme. A detailed programme setting out the dif-ferent consultants’ work stages, timescales for performance and deliverables is recommended to ensure that the overall project programme is maintained.