- The RIBA Domestic Professional Services Contract 2020 is divided into four main parts:

・the Agreement

・the Contract Details

・the Contract Conditions (Definitions of Terms & Clauses)

・the Schedule of Services.

- A Contract Checklist is included as an 'aide memoire' for the Architect/Consultant to confirm with the Client that all of the relevant parts of the Contract have been completed (but does not form part of the Contract).

- Additional briefing documents will also form part of the Contract if they are listed in item D of the Contract Details.

- The Contract is between the Client (the Party that wishes to commission the professional services, known as the ‘Services’) and the Architect/Consultant (the person or organisation performing the Services). Together they are referred to as the ‘Parties’ to the Contract.

- The RIBA Domestic Professional Services Contract is suitable for commissions for simple domestic projects of any value, in which the building works will be carried out using standard forms of building contract, such as the RIBA Domestic Building Contract.

- The RIBA Domestic Professional Services Contract is suitable for commissions procured on the basis of a traditional form of building contract where tendering occurs at the end of Stage 4 of the RIBA Plan of Work (Technical Design).

- The RIBA Domestic Professional Services Contract is devised as an agreement between an Architect/Consultant and a 'consumer client' relating to work to the Client’s own home, including renovations, extensions, maintenance and new buildings, provided that the Client has elected to use these Conditions in their own name, i.e. not as a limited company or other legal entity or where the property will be let.

- Under the CDM Regulations 2015, on projects with more than one contractor, a Principal Designer must be appointed to plan, manage, monitor and coordinate health and safety in the Pre-construction Phase of a project. This Contract has the option for the Architect/Consultant to be appointed as the Principal Designer. The RIBA recommends that on domestic projects (projects for a consumer client) the default choice for the Principal Designer should be the Architect/Consultant. On domestic projects, if the Client does not appoint a Principal Designer, the designer in control of the Pre-construction Phase of the project is deemed to be the Principal Designer.

- The Architect/Consultant must not commence work in relation to a project unless it is satisfied that the Client is aware of its duties under the CDM Regulations 2015. On domestic projects, for single-contractor projects, the Client’s duties are normally transferred to the Contractor. For projects involving more than one contractor, the duties are transferred to the Principal Contractor. If a Client has appointed an Architect/Consultant, or other designer, as Principal Designer, the Client can ask them to manage the Project and take on the Client duties instead of the Principal Contractor.

- The contract terms should be compatible with the complexity of the Project and the risks to each Party and with the terms of the Agreement.

- The RIBA Domestic Professional Services Contract is not suitable for works where the property is to be let or for commercial or residential work undertaken for business clients, including charities, religious organisations, not‑for‑profit bodies, or where the Client is a public authority. The RIBA recommends the use of RIBA Standard Professional Services Contract or the RIBA Concise Professional Services Contract for commercial projects.

- The Client is a ‘consumer’ as defined under the Consumer Rights Act 2015. The Architect/Consultant should read through the terms of the Contract with the Client and explain each term in the context of the Client’s rights as a consumer.

- A contract with a consumer client is subject to the Consumer Rights Act 2015. The Act requires that all contracts for services must provide for the following:

・the trader must perform the service with reasonable care and skill

・information which is said or written is binding where the consumer relies on it

・where the price is not agreed beforehand, the service must be provided for a reasonable price

・the service must be carried out within a reasonable time.

- While the RIBA Domestic Professional Services Contract is designed as an entity and provides remedies for the Client in the event of default by the Architect/Consultant, e.g. the requirement to maintain professional indemnity insurance and the options for dispute resolution, some of the terms may need careful explanation:

・Payment & Payment Notices (see clauses 5.10 to 5.24)

・The Limitation of Liability (see clauses 7.1 to 7.3)

・Professional Indemnity Insurance (see clause 8.1)

・Dispute Resolution (see clause 10)

- If the Client comprises a married couple or joint residential occupiers, all the Client parties are consumers, but the Client should identify one of their number as their representative with full authority to act on behalf of the parties.

- For work to the Client’s home or to a second home, the Client will be exempt from any statutory duties arising under:

・the Housing Grants, Construction and Regeneration Act 1996 as amended by Part 8 of the Local Democracy, Economic Development and Construction Act 2009, as a ‘residential occupier’

・the Late Payment of Commercial Debts (Interest) Regulations 2002.

However, if the Client’s second home is to be let at any time as a holiday rental or to other tenants, the Client will be deemed to be a business Client and the exemptions will not apply, thus this Contract is unsuitable and the RIBA Concise Professional Services Contract would be the appropriate choice.

- The Client has various obligations under the Contract. The principal ones include:

・informing the Architect/Consultant of the Project requirements and of any subsequent changes required and agreeing steps to mitigate the consequences, if any

・providing the information which is necessary for the proper and timely performance of the Services

・making decisions and giving approvals as necessary for the performance of the Services

・paying the Architect/Consultant for the Services performed

・appointing or otherwise engaging any Other Client Appointments required to perform work or services under separate agreements and requiring those appointed to collaborate with the Architect/Consultant.

- The Client also has rights under the Contract. The principal one is the right to suspend or terminate the performance of the Architect/Consultant’s Services.

- The Architect/Consultant has various obligations under the Contract. The principal ones include:

・exercising the reasonable skill, care and diligence to be expected of an Architect/Consultant experienced in the provision of such services for projects of a similar size, nature and complexity to the Project

・performing the Services with due regard to the Project Brief

・informing the Client in a timely manner of progress in the performance of the Services and, upon becoming aware, of any issue that may materially affect the Project Brief, Project Programme, Construction Cost or quality of the Project, and of any information, decision or action required in mitigation

・collaborating with any Other Client Appointments appointed or otherwise engaged by the Client to perform work or services.

- The Architect/Consultant also has rights under the Contract. The principal ones include:

・the right to retain copyright in the drawings and documents produced in either paper or digital formats for the purpose of performing the Services (the Client is given a licence to copy and use the drawings and documents for purposes related to the construction of the Project or its subsequent use or sale)

・the right to suspend or terminate performance of the Services due to of the Client’s failure to pay any fees or other amounts due.