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    Construction Contracts - Law and Management (2015) 55

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    Zeeshan
    Construction contracts often outline fees that correspond to different stages of a project to allow for payments as work is completed. However, different professions using separate agreements can cause confusion and inefficiency. It is important for the project team to work cohesively. These professional agreements detail obligations and payments but are not contracts on their own - the terms must be expressly included in the signed agreement between the parties. It has become common practice for these terms to be published as forms containing the conditions to be completed and signed by the client and professional.

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    Construction Contracts - Law and Management (2015) 55

    Uploaded by

    Zeeshan
    120 views1 page
    Construction contracts often outline fees that correspond to different stages of a project to allow for payments as work is completed. However, different professions using separate agreements can cause confusion and inefficiency. It is important for the project team to work cohesively. These professional agreements detail obligations and payments but are not contracts on their own - the terms must be expressly included in the signed agreement between the parties. It has become common practice for these terms to be published as forms containing the conditions to be completed and signed by the client and professional.

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    Construction Contracts_ Law and Management(2015) 55

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    Construction contracts often outline fees that correspond to different stages of a project to allow for payments as work is completed. However, different professions using separate agreements can cause confusion and inefficiency. It is important for the project team to work cohesively. These professional agreements detail obligations and payments but are not contracts on their own - the terms must be expressly included in the signed agreement between the parties. It has become common practice for these terms to be published as forms containing the conditions to be completed and signed by the client and professional.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    120 views1 page

    Construction Contracts - Law and Management (2015) 55

    Uploaded by

    Zeeshan
    Construction contracts often outline fees that correspond to different stages of a project to allow for payments as work is completed. However, different professions using separate agreements can cause confusion and inefficiency. It is important for the project team to work cohesively. These professional agreements detail obligations and payments but are not contracts on their own - the terms must be expressly included in the signed agreement between the parties. It has become common practice for these terms to be published as forms containing the conditions to be completed and signed by the client and professional.

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    22 Construction contracts

    Another function fulfilled by a formal agreement for services is that of


    attributing fees to various aspects of the work. By listing the activities to be done
    sequentially, those activities can be grouped together so that parts of the fee can be
    paid at each of the major steps in the consultants’ involvement.
    A potential problem arises when different professions each have their own
    professional services agreements, and this may lead to confusion. It can be
    unproductive and cause wasted work or delay because the purpose behind writing
    the standard terms has been to standardize the relationship between the client and
    the consultant. This misses the significance of teamwork in construction. It is
    essential that the team acts as a whole, and the fragmentation created by differing
    terms of appointment can compromise this (Latham 1994).
    As stated above, these standard professional services agreements are contracts
    and thus subject to the rules of contract law. The terms within them relate to the
    obligations of the parties, and detail the services to be carried out and the payments
    to be made for them. These terms need to be incorporated into the contract between
    the parties, for they are not a contract in themselves. The general situation is that
    they will not be automatically incorporated (i.e. implied) unless the client is
    familiar with the usual relationship between client and architect and has engaged
    similar professionals before on similar terms.1 Otherwise, the terms must be
    expressly included by reference to them from the document that forms the contract.
    This can be done by using a memorandum of agreement, signed by the parties,
    which refers to and expressly incorporates the conditions of engagement or
    professional services agreement. Indeed, most standard agreements currently in
    circulation include articles of agreement, recitals and an attestation or a sample
    form of agreement.
    It is becoming common practice for professional institutions to publish their
    documents as forms, containing the memorandum of agreement (or articles of
    agreement) as well as the conditions. These forms are completed and signed by the
    parties, incorporating the conditions into the agreement.
    At one time, professional institutions specified mandatory conditions of
    engagement for their members, along with minimum scales of charges. But the
    Monopolies and Mergers Commission declared that such minima were not in the
    public interest and should be abolished. In consequence, mandatory conditions of
    engagement were abolished in the UK in 1982.

    2.5 ARCHITECT

    The traditional role of the architect has involved three fields of responsibility. First
    is a design role. Second is to manage the project, generally representing the client’s
    interests. This includes managing the design process, leading other designers and
    consultants and overseeing selection and appointment of the contractor. The third
    role, expected under the building contract, involved contract administration
    including acting as an independent certifier where the architect has to judge certain

    1
    Sidney Kaye, Eric Firmin & Partners v Bronesky (1973) 4 BLR 1.

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