Appointment of Professional Consultant to provide services to a home owner (B151)

£17.50 plus VAT
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Who can use this contract?  

While designed primarily for a home owner, this user-friendly appointment of professional consultant is a short letter that can be used by any business or organisation when acquiring services from the professional on an engineering or construction project.

What is this contract for?

This four page letter sets out the terms on which consultant provide the services. While less than four pages, it covers much the same ground as far longer, more formal looking appointments. Prepared as a letter, the consultant will be asked to countersign and return a copy. A schedule to the letter will contain details of the service; usually these will be provided by the consultant when submitting a proposal.

What are the main issues?

The main issue for a client is certainty – both with respect to the services that that will be provided and how much they will cost.

As for payment, our form follows the general construction law principles with regular payments and the right to withhold money if the client is dissatisfied with any invoice.

General duties of the consultant include providing regular reports and coordinating services with others working on the project.

Changes need to be agreed in advance and the consultant has to provide an estimate for approval

Consultants, in particular architects, want to retain copyright in their designs, while giving a licence to the client to use those designs.  This is covered in our appointment, as is the requirement for professional indemnity insurance to be maintained by the consultant.

Termination: it is usual for a client to have the right to terminate on, say, 7 days’ notice at any time, not least because the appointment may be made before planning consent is obtained. If that is delayed or refused, the client needs to bring the appointment to an end.  Either party can terminate if the other commits a breach of contract.

What detailed terms does the contract contain?

The main points cover:

  • services
  • duration
  • standard of care
  • directions
  • general duties
  • key personnel
  • fees and payment
  • changes
  • copyright
  • insurances
  • third party rights and warranties

 

  • termination
  • suspension
  • confidentiality
  • assignment and subletting
  • resolution of disputes
  • notices
  • partnerships
  • the scope of the agreement

 

There is also a Schedule to be completed that will contain details of the project, scope of services and fees.

For guidance on issues that need to be considered in the contracts for a building project, see our free document Guidance Notes for a Home Builder Z165.

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

Legal support

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

And if you want to contact us see our Contacts page.

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Explanatory Notes

Anyone embarking on a project to build a new home is going to need professional support – there will be an architect to prepare the designs and other professionals could include a quantity surveyor, a structural engineer, mechanical and electrical engineer, project manager, interior designer and landscape architect.

This is a user friendly generic form of agreement that is suitable for appointing these professionals.  While some of them will want you to sign up to their standard terms, each professional institute such as the RIBA has quite complicated contract forms.  If you are managing your own project, it is easier to use a straightforward, fairly balanced contract than to have a variety of different forms with different professionals.

The agreement contains 19 numbered sections covering such matters as the scope of services, duration, standard of care, duties of consultant, fees and payment, additional services, copyright, insurance, third party rights, termination and suspension, confidentiality, dispute resolution etc.

There is also a schedule to be completed that will contain details of the project, scope of services and fees.

This contract has simple clauses that are self-explanatory. If you have any queries you can contact us at enquiries@contractstore.com

For guidance on issues that need to be considered in the contracts for a building project, see our free document Guidance Notes for a Home Builder Z165.

For guidance on preparing and signing contracts please see our notes at signing contracts