Architect's Terms of Business (B2B)

Architect's Terms and Conditions (Business to Business)

BS.ARCH.04

In any business transaction it is essential that both parties are fully aware of their respective rights and obligations. Prior to entering into a transaction and signing the contract, a set of standard terms and conditions (also known as terms of business) can give a client a good idea of what to expect when contracting with a business.

These Architect’s Terms and Conditions have been designed for use by architects providing their services to business clients undertaking small to medium sized construction projects.

Detailed provisions in these terms address key factors such as the architect’s obligations in providing their services and the client’s obligations in using those services (including, of particular importance, the compliance by both parties with all relevant laws, regulations, codes of conduct etc.). Other key terms address the preparation of designs and plans by the architect with a particular focus on the ownership of such works and the intellectual property rights in them.

Further provisions govern the appointment of third party contractors by the client; indemnity, insurance and liability; fees and payment; rights to sub-contract obligations; and confidentiality.

An Architect’s Agreement (Business to Business), with terms exactly mirroring those in these terms and conditions is also available for use when contracting with clients.

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.

These Architect’s Terms and Conditions contain the following clauses:

1. Definitions and Interpretation

2. Architect’s Obligations

3. Designs and Plans

4. Client’s Obligations

5. Statutory and Other Consents

6. Appointment of Third Party Consultants and Contractors

7. Advertising and Marketing

8. Fees, Payment and Records

9. Intellectual Property Rights

10. Indemnity, Liability and Proceedings

11. Insurance

12. Third Party Rights

13. Confidentiality

14. Force Majeure

15. Suspension

16. Term and Termination

17. Effects of Termination

18. No Waiver

19. Further Assurance

20. Costs

21. Set-Off

22. Assignment and Sub-Contracting

23. Time

24. Relationship of the Parties

25. Non-Solicitation

26. Notices

27. Entire Agreement

28. Counterparts

29. Severance

30. Dispute Resolution

31. Law and Jurisdiction

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