Who can use this contract?
This Appointment of Quantity Surveyor is written from the professional’s point of view but is fairly balanced and is an easy document for clients to understand. Written in plain English, it can also be used by an Estimator, Cost Consultant or Project Manager or other professional consultant.
What is this contract for?
This quantity surveyor appointment is designed in a user-friendly format for the consultant to use when working with a client. The terms and conditions cover three pages but there is also a one-page version of the Terms & Conditions in small print which can be used when tendering for work.
As the scope of services is left blank, our agreement can be suitable for a variety of specialist consultants in the construction and engineering field.
What are the main issues?
Clearly, a professional consultant should detail the services to be provided and the fees. You also need wording to deal with additional services/fees – probably with some hourly/daily rates
Timeliness: As a professional consultant is dependent in many respects on getting information from the client so as not to delay a project, we have wording to deal with this.
Copyright is reserved to the professional with the client having a licence to use the documents supplied by the professional for the purposes of the project but not for any other purpose.
Insurance: The level of professional indemnity insurance maintained by the professional should be stated.
Liability: our form limits the professional’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 below which you will also 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 Call 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
And if you want to contact us see our Contacts page.
You may also find these contracts of use:
Who can use this Consultant Appointment? Any company or organisation that wants to engage an independent consultant or freelance individual to provide services. What is a Consultant Appointment Letter for? It sets out the terms…
Quantity Surveyors and other professionals often use their own professional institute’s forms of appointment. While these can be useful, sometimes they are not easy for clients to understand. We have developed a template that is user-friendly and has Terms of Business that can fit onto a single A4 page – so much easier than a multi-page document that a client, especially one who is not a property developer, can find difficult to understand.
ContractStore’s construction professional appointment has been written by a specialist construction lawyer. It comprises a one page letter addressed to the client, Terms of Business over 3 pages and two template Schedules, one for the detailed services and the other for the fees and expenses (with sample wording).
And the Terms of Business come with a single page version on small print.
Some comments on these documents.
This contains some short paragraphs highlighting the key elements of the appointment and referring to the schedules, when appropriate, which will detail the services, fees etc. The letter should be prepared in duplicate with both copies sent to the client. The client is asked in the letter to counter-sign and return one copy. Once this is done, a binding contract will be created. If the client comes back with comments, then it will usually be sensible to issue a revised letter incorporating any agreed changes.
Terms of Business
There are 18 short paragraphs, most of which should be self-explanatory.
Paragraph 7 dealing with fees and payment is designed to comply with English legal requirements with regard to the payment terms under construction contracts. Our template assumes monthly payments with a payment application being submitted by the seventh of each month and the final date for payment on the 28th of the month. Any variations can be dealt with the payment schedule which contains options for a fixed fee and time-based fees as well as expenses. There is also a paragraph which allows for a fee increase after 12 months and this needs to be adjusted to meet your particular requirements.
Paragraph 8 deals with changes. It provides that no change will be implemented until the price (and, when relevant, the time implications) has been agreed.
Paragraph 9 reserves copyright in designs etc. with the consultant while the client is given a licence to use them for the project but not for any other purpose.
Paragraph 10 deals with professional indemnity insurance and the amount of cover needs to be inserted. Also, there is an optional sentence dealing with contamination and other risks where the insurance cover is sometimes limited.
Paragraph 11 limits the consultant’s liability. In our form, the liability is linked to the amount recoverable under the professional indemnity insurance up to an overall maximum that you should insert. There is also a “net contribution” provision in the second paragraph of this section.
Paragraph 12 is fairly standard, giving each party the right to terminate in certain circumstances.
Paragraph 13 gives the consultant the right to suspend work if payment is not made on time. This is a statutory right in the UK and the wording of the statute is reflected here.
Paragraph 14 deals with confidentiality but it does allow the consultant to publish information for marketing purposes, after getting the client’s approval.
Paragraph 15 allows the consultant to sublet work but neither party can assign their interests without the other’s consent.
Paragraph 16 Disputes and Law provides for adjudication – in our case the RICS procedure is used since this is popular with surveyors. Disputes that are not settled by adjudication will be referred to the courts.