Architect's Contract Template for Consumer (Non-Business) Clients

Architect's Agreement (Business to Consumer)

BS.ARCH.02

This Architect’s Agreement is designed for use by an architect who is instructed by a consumer client to provide services in relation to a small to medium sized domestic construction or renovation project.

As an alternative document we have a set of Architect’s Terms and Conditions (Business to Consumer), with terms very similar to those in this Agreement. These are designed for pre-contractual use to give clients an idea of your standard terms of business. We also have versions of the Terms and Conditions and Agreement for use by architects providing services to business clients.

Detailed provisions in this template document address key factors such as the obligations of the architect and the client (including compliance by both parties with all relevant laws, regulations, codes of conduct etc.) and the parties’ intellectual property rights in any designs and plans prepared by the architect.

Many of the important particulars relating to the contract, such as the exact scope and specification of the services, details of the client’s project and information on fees and payment are to be inserted in the schedules.

This document has been updated to help architects comply with the Consumer Rights Act 2015 which came into force on 1 October 2015. The language and presentation are designed to be “consumer-friendly” and the document should make sense to an average consumer who has no specialist business or legal knowledge.

The document also complies with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, which came into force on 13th June 2014. In particular:

- Clients entering into contracts “off the premises” of the architect are given a 14 day cooling-off period. This means they can change their mind for any reason after entering into a contract, subject to limited exceptions. Work can however commence within the cooling-off period so long as the client expressly agrees to this.

- The client is given a clear and concise summary of the pre-contract information they are entitled to receive.

It is important for architects to be aware of their obligations and the rights of their clients under consumer protection laws. This template has been drafted with these laws in mind. Take care when amending the template to remain compliant with the legislation and, in particular, make sure you do not include any terms that may be deemed “unfair”.

Optional phrases / clauses are enclosed in square brackets. These should be read carefully and selected so as to be compatible with one another. Unused options should be removed from the document.

This Architect’s Agreement contain the following clauses:

1. Definitions and Interpretation

2. Information about Us

3. Communication and Contact Details

4. Services

5. Your Obligations

6. Appointment of Third Party Consultants and Contractors

7. Advertising and Marketing

8. Fees, Payment and Records

9. Intellectual Property Rights

10. Complaints and Feedback

11. Cancellation of Contract during the Cooling Off Period

12. Termination

13. Effects of Termination

14. Events Outside of Our Control (Force Majeure)

15. Liability

16. How We Use Your Personal Information (Data Protection)

17. Other Important Terms

18. Law and Jurisdiction

And the following Schedules:

1. Project, Site, Specified Contractors and Specified Purposes

2. Brief

3. Specification of Services

4. Fees and Payment

5. Model Cancellation Form

6. [Programme]

This document is in open format. Either enter the requisite details in the highlighted fields or adjust the wording to suit your purposes.

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