Legal
Standard Terms of Appointment · Version July 2026
These Standard Terms of Appointment set out how we work together — clearly and fairly — and apply to every appointment alongside your fee proposal. They sit behind the fee proposal for your project. On acceptance of that proposal we will issue a short contract confirming the appointment, to which these terms apply.
Please read these terms alongside your fee proposal, and in particular the section on limitation of liability. Keep a copy for your records. If anything here is unclear, just ask — we're happy to talk it through before you appoint us.
In these terms: "we", "us" and "our" mean Architecture Workshop Ltd, a company registered in England & Wales (company number 13760396), registered office The Basement, 7 Wharf Road, Higham Ferrers, Northamptonshire. "You" and "the Client" mean the party appointing us. "The Project" means the services and works described in the fee proposal. "The Proposal" means our written fee proposal for the Project, valid for the period stated in it (60 days unless stated otherwise). "The Agreement" means the Proposal, once accepted, together with these terms. A "Business Day" is any day other than a Saturday, Sunday or bank holiday in England & Wales.
The Agreement comprises the accepted Proposal and these Standard Terms of Appointment. It becomes a binding contract when you accept the Proposal, and on acceptance we will issue a short contract confirming the appointment. Our appointment begins on the date stated in the Agreement, or the date we start work if earlier, and continues until the services are complete or the appointment is ended under these terms. The Agreement is the entire agreement between us and supersedes any earlier discussions. Any change to it must be agreed in writing. If the Proposal and these terms conflict, the Proposal takes precedence.
We will carry out the services and work stages set out in the Proposal, in general accordance with the RIBA Plan of Work 2020. Unless the Proposal says otherwise, we do not inspect, monitor or supervise construction work on site. The following are not included unless we agree them in writing: detailed cost estimating (beyond indicative guidance), physical models, party wall matters, schedules of dilapidations, applications for grants, substantial interior or landscape design, discharge of planning conditions, and any representation in a dispute or legal proceedings.
We will exercise the reasonable skill, care and diligence to be expected of a competent architectural practice providing services of a similar kind. We do not give, and nothing in the Agreement implies, any fitness-for-purpose or other higher or absolute obligation or warranty. So far as the law allows, all terms, warranties and conditions implied by statute or common law are excluded. We work closely with you and the relevant authorities to develop designs acceptable to both, but we cannot guarantee that planning permission, listed building consent or Building Regulations approval will be granted.
You will give us the information, instructions, approvals and site access we reasonably need, in good time, and make decisions promptly so the programme can be kept. You will set a realistic budget (including a sensible contingency), tell us of any change to it, and confirm that you hold the rights and interests in the site needed to carry out the Project. You will provide information about the site or building — such as boundary lines, easements, covenants and rights of way — in a timely manner, and let us know promptly of any change to your name, address or contact details. Information you or others provide will be accurate and not misleading; we rely on it and are not responsible for checking it. Unless you tell us otherwise in writing within five Business Days, we will treat you as the point of contact for decisions on the Project.
Your Project is likely to need other consultants (for example a structural engineer, or a mechanical and electrical engineer) and, in time, a contractor. Unless agreed otherwise these are appointed directly by you. We can help identify and commission them and will coordinate with them as reasonably required. You are responsible for the fees of any such consultants and for all statutory fees. We are not responsible for the services, work or fees of others, whether or not we helped to appoint them. Your Local Planning Authority or Building Control body may require structural, ecological, arboricultural, heritage or similar surveys by specialist consultants; we will aim to make you aware of these as early as possible but do not cover their cost.
We are not cost consultants and are not appointed to provide cost-estimating services. Any figures we give are indicative only (for example based on a rate per square metre). You should appoint a quantity surveyor or estimator for cost advice. We do not warrant or guarantee the construction cost of the Project.
Where you ask us to meet particular dates, and provide information in good time, we will use reasonable endeavours to meet them. We are not responsible for delays beyond our reasonable control, including statutory determination periods and the actions of third parties, and we are entitled to a fair and reasonable extension of time in such cases.
The Construction (Design and Management) Regulations 2015 ("CDM 2015") apply to construction projects. Where a project is notifiable, it must be notified to the Health and Safety Executive. CDM 2015 places duties on the client to appoint competent dutyholders, allow adequate time and resources, provide pre-construction information, and ensure a Principal Designer and Principal Contractor are appointed where there is more than one contractor. For domestic clients, the client's CDM duties normally pass to the contractor (or, where appointed in writing, to the Principal Designer). Unless we are separately appointed in writing to do so, we do not act as CDM Principal Designer or Principal Contractor; you are responsible for making those appointments and satisfying yourself that those appointed are competent.
Since 1 October 2023, the Building Regulations (as amended under the Building Safety Act 2022) impose a separate dutyholder and competence regime. For most projects involving more than one contractor, a Principal Designer and a Principal Contractor must be appointed to plan, manage and monitor design and building work for compliance with the Building Regulations. These roles are distinct from the CDM 2015 roles and carry their own duties. Unless we are separately appointed in writing to do so, we do not act as the Building Regulations Principal Designer; that appointment remains with you or as you arrange, and you must appoint competent dutyholders. We will cooperate with the appointed Principal Designer and Principal Contractor as reasonably required.
Our fee is the lump sum stated in the Proposal, allocated across the work stages. The fee covers our normal expenses, the cost of our professional indemnity insurance, travel, and the issue of drawings and documents as PDFs. It does not cover disbursements or the fees of specialist consultants. Where a fee is fixed on the assumption of a certain amount of time, and the time reasonably required for a stage exceeds that estimate by 20% or more — for example through additional design options, complexity or client interaction — we will tell you as soon as this becomes apparent and agree any additional fee with you before proceeding. Unless otherwise agreed, we may request a sum on account of fees and/or disbursements, typically between 25% and 50% of the estimated charges for the initial stage.
Statutory application fees (including Local Authority planning and Building Regulations fees), specialist surveys and reports, and other consultants' fees are payable in addition to our fee. Wherever possible, third-party invoices are issued to and paid directly by you. Anything we settle on your behalf is recharged at cost, with no mark-up. A budget figure for likely disbursements is provided with your fee proposal.
All fees, rates and figures in the Proposal and these terms are exclusive of VAT, which is charged in addition at the rate in force from time to time (currently 20%). Disbursements are shown separately on your invoice.
We invoice on completion of each stage, or monthly against the proportion of a stage completed, whichever comes sooner. The first stage is generally a deposit that secures your place and confirms the appointment. Invoices are due within 14 days of the invoice date, and you will pay in full without set-off or deduction. Our fee is not conditional on obtaining planning permission, Building Regulations approval, any other consent, the construction cost, or your satisfaction with the outcome. If you intend to withhold payment you must give notice, at least seven days before the due date, stating the amount and the grounds. We may charge interest and reasonable recovery costs on overdue amounts under the Late Payment of Commercial Debts (Interest) Act 1998, may suspend work on written notice while an invoice remains unpaid, and may exercise a lien over relevant drawings, documents or goods until payment is made in full.
Work beyond the agreed scope, or changes you ask us to make once a stage is under way, will be treated as additional services and agreed with you in writing before we proceed. Such work is charged at the lump sum agreed or at our hourly rate: Principal / Architectural Designer (Bryn Lee) — £115 per hour. Additional technical or drawing support is charged at rates advised in writing beforehand. All rates exclude VAT and are reviewed annually. In agreeing that a design should be submitted to the Local Planning Authority or Building Control body, you confirm that you are satisfied it meets your requirements; significant changes after submission may involve additional chargeable time, and changes after approval may invalidate your planning permission or Building Regulations approval.
We retain the copyright and all intellectual property in the drawings, designs, documents and reports we produce. On payment of the fees properly due, we grant you an irrevocable, royalty-free, non-exclusive licence to use and copy them for the purpose of constructing and using the Project on the site to which they relate; the licence does not extend to any other site or project. We may suspend or revoke the licence, on seven days' written notice, while any fee properly due is unpaid. We do not issue editable CAD or native files (including DWG, DXF and Revit formats) unless separately agreed; drawings are normally issued as PDFs. Records are retained for a minimum of six years, after which they may be removed from our archive.
All dimensions must be checked on site before work commences, and any discrepancies reported to us immediately. We are not responsible for building work carried out using our drawings, for work based on dimensions or materials supplied by you or third parties, or for work carried out from drawings reproduced or amended by others. It is your responsibility to ensure your builder works from the current, approved drawings; we do not accept responsibility for work carried out using out-of-date drawings or drawings not annotated as approved by the Local Authority or an Approved Inspector.
We hold professional indemnity insurance with Markel International Insurance Company Limited, with a current limit of indemnity of £2,000,000 for each claim. We will provide written evidence of cover on request, and will maintain such insurance for six years after completion of our services, provided it remains available on commercially reasonable terms.
This section sets out the full extent of our liability and should be read carefully. Our total liability to you, whether in contract, tort (including negligence), for breach of statutory duty or otherwise, arising out of or in connection with the Agreement, is limited in aggregate to the lower of (a) £2,000,000 and (b) a sum equal to ten times our fee (excluding VAT and disbursements). In no event will our liability exceed the amount actually recoverable under our professional indemnity insurance in force when the claim, or the circumstances giving rise to it, are notified to insurers.
Our liability will be further limited to the proportion of the loss which it would be just and equitable for us to pay, having regard to our share of responsibility and on the assumption that all other consultants and contractors have given equivalent covenants of skill and care and have paid their just and equitable share (a "net contribution"). We are not liable for any indirect or consequential loss, or for loss of profit, income or opportunity. No claim may be brought more than six years after completion of our services. Claims may be made against the company only, and not against any individual director, employee or consultant. No collateral warranties or third-party rights are given unless separately agreed in writing. Nothing in the Agreement limits or excludes our liability for death or personal injury caused by negligence, for fraud, or for anything that cannot lawfully be limited or excluded.
We keep information about you and the Project confidential, and process personal data in accordance with the UK GDPR and the Data Protection Act 2018, only as needed to deliver the services and meet our legal obligations. Our Privacy Policy explains this in full. We may use images and photographs of the Project to promote our work — in publications, on our website and on social media — unless you ask us in writing not to.
Either of us may suspend or end the appointment on reasonable written notice. We will only cease acting for good reason — for example non-payment, a possible conflict of interest, or a breakdown of the professional relationship. On termination you will pay for the services properly carried out, and any disbursements committed, up to the date of termination; where we have agreed a fee estimate for a stage, our charges will be a fair proportion of that estimate according to the work done. Any licence to use our documents takes effect only once those fees are paid. We may also suspend work for non-payment, or where a lack of instructions or information prevents us from proceeding.
If you are a consumer and we agreed the contract away from our office, or at a distance (for example by telephone or email), you have the right to cancel within 14 days of the contract being made, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Where the contract is made on our premises, this cooling-off period does not apply. To cancel, tell us in writing. If you ask us in writing to begin work within the 14-day period, you agree to pay for the work carried out up to the point you cancel.
We pride ourselves on the level of service we deliver, keep you updated in plain language, and usually respond to an email or call within one Business Day. If the person dealing with your project will be out of the office for more than three Business Days, we will tell you who is covering. We hope you will not have cause for complaint, but if you do, please contact the Director, Bryn Lee, at hello@architecture-workshop.co.uk, who will investigate promptly and fairly. Architecture Workshop Ltd is committed to promoting equality and diversity in all aspects of its practice.
Neither party is liable for delay or failure caused by events beyond its reasonable control. The Contracts (Rights of Third Parties) Act 1999 does not apply, and only you and we may enforce the Agreement. If any provision is found to be unenforceable, the rest continues in force, and a delay in enforcing a term is not a waiver of it. The Agreement is governed by the law of England & Wales; we will first try in good faith — and may agree to mediation — to resolve any dispute before it is referred to the courts of England & Wales, which have jurisdiction.
Architecture Workshop Ltd
The Basement, 7 Wharf Road, Higham Ferrers, Northamptonshire
hello@architecture-workshop.co.uk · 01933 322332