Standard

Professional Services
Contract 2018
Architectural Services

Royal Institute of British Architects

Guidance
Notes
 • The Contract is devised as an agreement with a business
client or public authority and is a ‘construction contract’ to
which the Housing Grants, Construction and Regeneration

Guidance
Act 1996 (HGCRA, also known as the Construction Act), as
amended by Part 8 of the Local Democracy, Economic
Development and Construction Act 2009, applies.

Notes
• Business clients include charities, religious organisations and
not-for-pro昀椀t bodies. Where the Client is a public authority,
it may be necessary to include provisions relating to the
Freedom of Information Act 2000 and to corrupt gifts and
payments under the Bribery Act 2010.

• The RIBA Standard Professional Services Contract is not

suitable for non-commercial work undertaken for a ‘consumer’
client, such as work done to the Client’s home, including
renovations, extensions, maintenance and new buildings, if the
These guidance notes explain the provisions of the RIBA client has elected to contract in their own name, i.e. not as a
Standard Professional Services Contract 2018 for the limited company or other legal entity, or where the property will
appointment of an Architect or Consultant providing architectural be let. A contract with a consumer client is subject to the
services and set out guidance on what to consider when Consumer Rights Act 2015. The RIBA recommends the use of
completing the Contract Details and the Schedule of Services; the RIBA Domestic Professional Services Contract for work
they do not form part of the Contract. undertaken for a consumer client.

Summary of the Contract Client’s Rights and Obligations

• The RIBA Standard Professional Services Contract 2018 is • The Client has various obligations under the Contract. The
divided into four main parts: principal ones are:
– the Agreement – informing the Architect/Consultant of the Project
– the Contract Details requirements and of any subsequent changes and agreeing
steps to mitigate the consequences
– the Contract Conditions
– providing the information which is necessary for the proper
o De昀椀nition of Terms and timely performance of the Services
o Clauses – making decisions and giving approvals as necessary for the
– the Schedule of Services. performance of the Services
– paying the Architect/Consultant for the Services performed
• A Contract Checklist is included for consideration before
signing the Contract. – appointing or otherwise engaging any Other Client
Appointments required to perform work or services under
• Additional brie昀椀ng documents will also form part of the separate agreements and requiring those appointed to
Contract, if they are listed in item D of the Contract Details. collaborate with the Architect/Consultant.

• The Contract is between the Client (the person or organisation • The Client also has rights under the Contract. The principal
that wishes to commission the professional services, known one is the right to suspend or terminate the Architect/
as the ‘Services’) and the Architect/Consultant (the person or Consultant’s Services.
organisation performing the ‘Services’). Together they are
referred to as the ‘Parties’ to the Contract.
Architect/Consultant’s Rights and
When to Use this Contract Obligations
• The RIBA Standard Professional Services Contract provides • The Architect/Consultant has various obligations under the
comprehensive contract terms and is suitable where the Contract. The principal ones are:
Architect/Consultant undertakes a commission for – exercising the reasonable skill, care and diligence to be
architectural services on projects using a traditional form of expected from an Architect/Consultant experienced in the
procurement. provision of such Services for projects of similar size, nature
and complexity to the Project
• In a traditional contract, the appointment of the Architect/
Consultant would be made by the Client commissioning the – performing the Services with due regard to the Project Brief
Project. – informing the Client of progress in the performance of the
Services and, upon becoming aware, of any issue that may
• The RIBA Standard Professional Services Contract is not materially affect the Project Brief, Project Programme,
suitable for the appointment of the Principal Designer under Construction Cost or quality of the Project, and of any
the CDM Regulations 2015. The RIBA recommends that the information, decision or action required in mitigation
default choice for the Principal Designer should be the
Architect/Consultant, who should be appointed under a – collaborating with any Other Client Appointments appointed
separate and distinct professional services contract, such as or otherwise engaged by the Client to perform work or
the RIBA Principal Designer Professional Services Contract services.
2018. If the Client fails to appoint a Principal Designer (for a
non-domestic client), the Client must ful昀椀l the duties of the The obligations apply to the extent achievable using the
Principal Designer. standard of care outlined in clause 3.1.
• The Architect/Consultant also has rights under the Contract, – stating the intended number and/or frequency of meetings
the principal ones are: and visual site inspections that the Architect/Consultant is
going to attend during the Project (item F)
– the right to retain copyright in the drawings and documents
produced in performing the Services (the Client is given a – recording the rates for any time charges (item G)
licence to copy and use the drawings and documents for
purposes related to the construction of the Project or its – setting out the arrangements for charging for expenses and
subsequent use or sale) disbursements (item H)

– the right to suspend or terminate performance of the – the payment frequency of the fees (item I).
Services because of the Client’s failure to pay any fees or To ensure that the Architect/Consultant’s accounts issued to
other amounts due. the Client are effective as Payment Notices as set out in
clause 5.12, each invoice issued by the Architect/Consultant
should incorporate the following wording:
The Agreement
This is the amount due in respect of the Services provided,
• The Agreement is the part of the Contract that is signed and calculated as set out in this account and in accordance with
dated by both Parties and records the Client’s and the the Fees and Expenses agreed in our Professional Services
Architect/Consultant’s rights and obligations under the Contract dated [insert date of Contract]. This invoice
Contract. constitutes a Payment Notice complying with section 110A(3)
of the Housing Grants, Construction and Regeneration Act
• The Parties choose whether to sign the Agreement as a 1996 as amended by the Local Democracy, Economic
simple contract or as a deed. The choice determines the Development and Construction Act 2009. The payment due
statutory limitation period within which a Party can bring a date is the date of this Payment Notice.
claim for breach of contract:
– simple contract: 6 years from Practical Completion or date • Item J – Professional Indemnity Insurance: State the
of breach, if earlier amount of professional indemnity insurance to be maintained
for the Project, and any speci昀椀c limitations in respect of claims
– deed: 12 years from Practical Completion or date of breach, arising on account of pollution or contamination or asbestos.
if earlier. The amount of professional indemnity insurance to be
maintained for the Project should be reasonable in relation to
the risks and should pass the reasonableness test under the
Completing the Contract Details Unfair Contract Terms Act 1977.

When completing the Contract Details, where an option • Item K – Dispute Resolution: The Parties may choose which
APPLIES tick  the box to con昀椀rm that the section has been dispute resolution method(s) they will use should a dispute
adopted. It is necessary that any amendments made by hand to arise. Adjudication is available to either Party to select at any
the Contract are initialled by both Parties. time as a statutory right. Below is a brief description of each
method:
The Contract Details provide the speci昀椀c details of the Project: – Mediation involves a third party helping the Parties to try to
come to an agreement resolving their dispute. If managed
• Items A and B – the Client and the Architect/Consultant: well, mediation can be less expensive than other methods of
Provide details of the Client, the Client’s named representative, dispute resolution and is therefore encouraged by the
the Architect/Consultant and the Architect/Consultant’s courts.
primary point of contact. Note that if these details are changed
at a later date, it is important that the Parties inform each other – Adjudication involves a third party providing an
and agree in writing. independent decision on the dispute and is available to the
Parties if the Contract is a Construction Contract under the
• Item C – Site Address: Provide the address of the site where Housing Grants, Construction and Regeneration Act 1996.
the Project is to be carried out. The decision is binding in law unless one of the Parties
refers the matter to arbitration or to litigation. Adjudication is
• Item D – Project Brief: Provide a description of the Project generally a faster process, but not usually recommended for
and the Client’s statement of requirements for the Project for complex issues.
which the Services are being provided. The target – Arbitration is an alternative to court litigation and involves a
Construction Cost and target Project Programme, such as third party (or parties) delivering a 昀椀nal and binding decision.
dates for obtaining planning consents or for the Arbitration can involve only two parties so it would not
commencement and completion of construction works, can normally be appropriate for multi-party disputes.
be inserted.
– Litigation is an alternative to arbitration and involves a court
• Item E – Other Client Appointments: Give the details of any delivering a 昀椀nal and binding decision.
other consultant appointments (which could be individuals or
organisations) to be made by the Client to enable the If the Parties cannot reach agreement on a person to act as
Architect/Consultant to undertake work in connection with the Mediator, Adjudicator or Arbitrator, a nomination shall be made
Project. For example, this may include structural and building by the Royal Institute of British Architects.
services engineers, cost consultants, etc.
The Client can refer a complaint to the appropriate
• Items F, G, H and I – Basic Fee, Time Charges, Expenses professional body if the Architect/Consultant’s conduct or
and Payment: Specify the basis for: competence appears to fall short of the standards in the
relevant code(s) of professional conduct.
– determining the calculation of the Basic Fee, e.g. a speci昀椀ed
percentage applied to the Construction Cost, a 昀椀xed lump • Item L – Information Formats: If the Architect/Consultant is
sum, time charges, design cost per square metre (gross or producing drawings and documents for the Project using
net) or any other agreed method (item F) Computer Aided Design (CAD), any other proprietary software,
 or Building Information Modelling (BIM), these will normally be • These Services are for a traditional form of procurement
provided to the Client in PDF format only, unless an alternative covering RIBA Plan of Work stages 0 to 7. However, if the
format has been agreed and set out in item L of the Contract Architect/Consultant is novated at any point during the
Details. Contract, the Services post Novation should be subsequently
struck out and amended or redrafted to accord with the
• Item M – Supplementary Agreements: The Contract and its services subsequently required.
Schedule of Services are designed to be used with such of
the following supplementary documents as may be selected in • The completed Schedule of Services should accurately
item M of the Contract Details: re昀氀ect the Client’s requirements and the Services that the
Architect/Consultant has agreed to provide, particularly
– Novation Agreement1 where the Architect/Consultant is not to perform the full range
of Services within a stage, or is only undertaking some
– Collateral Warranties2
stages, for example only providing services up to the
– any other documents speci昀椀ed in item M of the Contract submission of a planning application. There is also a provision
Details. in the Contract for the Architect/Consultant to provide
additional services for an additional fee (not listed in the
1
See clause 4.7 of the Contract Conditions for suitable draft clauses. Basic Fee).
The RIBA recommends the use of the CIC Novation Agreement: Ab
Initio (2018) • Although the Services are described in simple terms,
2
The RIBA recommends the use of the following: CIC Collateral performance of the Services must be in accordance with the
Warranty: Consultant/Employer (2018) in favour of the Client post normal standards of the Architect/Consultant’s profession.
Novation; CIC Collateral Warranty: Purchaser/Tenant (2018) in favour of
purchasers/tenants; CIC Collateral Warranty: Consultant/Funder (2018) • Full planning application services are listed under the
in favour of a 昀椀nancier of the development. Architect/Consultant’s services in stage 3 of the Services, as
this is the anticipated norm for a standard project. However,
All of the above-mentioned documents are available from the for certain projects a full planning application may be
CIC at www.cic.org.uk. These and any other forms selected in submitted at the end of stage 2. If this is to be the case for the
item M of the Contract Details should be attached as Project, then the Client should be made aware of the
numbered appendices to the Contract. associated risks of an early planning application. If a full
planning application is to be made at the end of stage 2, then
Before agreeing to enter into any Supplementary Agreements, the appropriate box under Town Planning services in the
it may be advisable to take legal advice and discuss the issue Architect/Consultant’s Services in stage 3 of the Services,
with an insurer/broker. must be ticked [3]

• The Services being undertaken should be selected individually

The Schedule of Services and ticked [3] where an option APPLIES.
• The Schedule of Services is used to de昀椀ne the Services to be
performed by the Architect/Consultant and maps the Services
to the stages in the RIBA Plan of Work.
Contract Conditions
• The Contract Conditions set out in concise terms the rights
• There are four parts to the Schedule of Services:
and obligations of the Parties.
– Role Speci昀椀cations – specify the architectural services
roles to be performed, including any to be performed by • The Contract uses the form of Novation commonly referred to
sub-consultants employed directly by the Architect/ as ‘novation ab initio’ meaning ‘from the outset’, rather than
Consultant. Add any other roles required in addition to those the alternative to Novation by way of ‘consultant switch’.
included in the Schedule of Services.
– Services – a comprehensive set of services for each of the
architectural services roles is set out in the Schedule of
Services.
– Additional Services – these services are excluded from
the Contract but may be instructed as additional services,
if the need arises during the Project, and are subject to
additional fees.
– Other Services – these are services that the Architect/
Consultant could undertake on behalf of the Client for the
Project. If these services are to be undertaken for the
Project, they will either be included in the Basic Fee, or
charged on a time-based or lump sum basis.
The RIBA Standard Professional Services Contract 2018: Architectural Services is endorsed by the following organisations:

Royal Incorporation of Royal Society of Architects Royal Society of Chartered Institute of

Architects in Scotland in Wales Ulster Architects Architectural Technologists

© Royal Institute of British Architects 2018

Published by RIBA Publishing, 66 Portland Place, London, W1B 1NT
ISBN 978 1 85946 885 2
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mechanical, photocopying, recording or otherwise, without prior permission of the copyright owner.
It is the responsibility of the purchaser/user to ensure that all the data and information inserted into the Contract and any changes made to any of the
Contract Conditions are accurate and correct before the Contract is signed. RIBA accepts no responsibility or liability for any changes to the text,
errors or omissions made by the purchaser/user.
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3 You may use it for one Professional Services Contract only.
3 You and the other Party to your Contract may distribute copies of this document to advisers and to Other Client Appointments as necessary in
connection with the proper performance of your Contract.
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