Who can use this contract?
This Appointment of Engineer is designed for use by an engineer when appointed to provide engineering services to a client. It is in a user-friendly format.
What is this contract for?
This Appointment of Engineer is based on a form that the author prepared some years ago for a medium-sized firm of engineers. They were unhappy with their own institutions form of appointment as it was too complicated and too restrictive for their clients. Our document includes the terms and conditions in a one page format which can be sent out to clients when tendering for engineering services.
What are the main issues?
Setting out the services to be provided as well as the fees & expenses is always important.
Change & Additional services. If the engineer considers that the client is asking for services outsde the agreed scope, the contract needs wording to deal with this – and it can be useful to have the rates for additional services set out in the pricing schedule.
Client information: As an engineering consultant is dependent in many respects on getting information from the client so as not to delay a project, the appointment needs wording to deal with this.
Copyright belongs to the engineer The client has a licence to use the documents supplied by the engineer for the the project but not for any other purpose.
Insurance: The level of professional indemnity insurance maintained by the engineer should be stated.
Liability: our form limits theengineer’s liability for negligence to the amount recoverable under their insurance policy. There is also a “net contribution” provision so as to avoid the risk of the professional becoming liable for a problem caused by some third-party on the project.
Termination: both parties have the right to terminate in certain circumstances.
What detailed terms does the contract contain?
There is a one-page form of agreement, a schedule to be completed with the services, and another schedule for the fees and expenses, plus three pages of short clauses containing the terms and conditions. Here are the clause headings:
- Standard of Care
- Key Personnel
- Fees & Payment
- Assignment and Subcontracting
- Disputes and Law
For more information on each of these sections, see our Explanatory Notes which you will receive when you download the document from our website.
For information on signing documents see our Contract Signing page
When I download the document, can I change it and/or use it more than once?
Yes, all ContractStore’s templates are in MS Word and you can use the contract on more than one project. For more information, watch the video on this page of our website or see our FAQs
ContractStore supplies templates and is not a law firm. But experienced lawyers write all our templates, so we can arrange legal assistance for customers who need special terms in one of our documents or a bespoke template. . For more information see our Legal Services page. For more information see our Legal Services page.
Contract Author – Giles Dixon
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