・Architect*/Consultant: the person or organisation that the Client appoints to perform the Services.

・Basic Fee: the fee for the Services excluding VAT and any additional charges, such as expenses, disbursements, etc.

・Building Contract: the contract between the Client and the Contractor for the construction of the Project.

・CDM Regulations 2015: the Construction (Design and Management) Regulations 2015 and any guidance as issued, amended or replaced from time to time by the Health and Safety Executive, which govern the management of health, safety and welfare for construction projects.

・Client: the person or organisation referred to in item A of the Contract Details. This also includes the Client’s representative where one is appointed by the Client with full authority to act on behalf of the Client for all purposes in connection with the matters set out in the Contract, except where advised to the contrary.

・Confidential Information: all information relating to the Project and the Client’s and Architect/Consultant’s business and affairs which either Party directly or indirectly receives or acquires from the other Party or any representative of the other Party whether in writing, by electronic mail or orally and which is not otherwise already in the public domain.

・Construction Cost: the Client’s target cost for the building works as specified in the Project Brief, as set out in item D of the Contract Details (being the Client’s initial budget), and subsequently the latest estimate approved by the Client or, where applicable, the actual cost of constructing the Project upon agreement or determination of the final account for the Project. The Construction Cost includes the cost of any equipment and/or materials provided or to be provided by the Client to the Contractor for installation as part of the Project, and any direct works carried out by or on behalf of the Client. The Construction Cost excludes VAT, professional fees, the cost of resolution of any dispute, the Client’s legal and in-house expenses and any loss and/or expense payments made to the Contractor and is not affected by any liquidated damages deducted by the Client.

・Contractor: the party referred to as the Contractor in the Building Contract.

・Final Date for Payment: the date, specified in clause 5.13, by which a payment that is due shall be paid.

・Health and Safely File: the file required by the CDM Regulations 2015, which contains relevant health and safety information needed to allow future construction works, including cleaning, maintenance, alternations, refurbishment and demolition, to be carried out safely.

・Notified Sum: the sum set out in a Payment Notice or in a default notice.

・Other Client Appointments: other consultant or services appointments which have been, or will need to be, made by the Client to enable the Architect/Consultant to undertake its work in connection with the Project.

・Party/Parties: the signatories to the Agreement: the Client and the Architect/Consultant described in items A and B of the Contract Details.

・Payment Notice: a notice that the Architect/Consultant issues to the Client, in accordance with clauses 5.10 to 5.15, showing the payment that the Architect/Consultant considers is due and how it was calculated.

・Practical Completion: when the works are certified as having achieved ‘Practical Completion’ under the terms of the Building Contract.

・Principal Contractor: a contractor appointed by the Client as Principal Contractor under the CDM Regulations 2015.

・Principal Designer: a designer appointed by the Client as Principal Designer under the CDM Regulations 2015.

・Project: as described in the Project Brief, item D of the Contract Details.

・Project Brief: the Client’s requirements for the Project, as initially set out in item D of the Contract Details and including any revisions made by the Architect/Consultant and approved by the Client.

・Project Programme: the Client’s initial programme for the Project, as specified in item D of the Contract Details, and including any revisions made by the Architect/Consultant and approved by the Client.

・Schedule of Services: the schedule specifying the Services and additional services to be undertaken by the Architect/Consultant in connection with the Project, which is incorporated into the Contract.

・Services: the professional services to be performed by the Architect/Consultant specified in the Schedule of Services, which may be varied by agreement.


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‘Architect’ is a legally protected title in the UK, which can only be used by people registered under the Architects Act 1997 with the Architects Registration Board (ARB).