• Home
• Create your agreement
• Core Components
• Other Components
• How it works
• Contact us

How it works

The selection tool to create your electronic Agreement is straightforward. The flowchart below explains the process.

• RIBA STANDARD AGREEMENT 2010
• RIBA CONCISE AGREEMENT 2010
• RIBA DOMESTIC PROJECT AGREEMENT 2010
• RIBA SUB-CONSULTANT AGREEMENT 2010
• CORE COMPONENTS
• SCHEDULES
• SUPPLEMENTARY AGREEMENTS
• CLIENT GUIDES

How to create your electronic Agreement: a 6-step process

 

Click here to enlarge image

Getting started

To show you how to buy an Electronic RIBA Agreements 2010, here is a short introductory demo:

Which RIBA Agreement 2010 to choose?

CONDITIONS

RIBA STANDARD AGREEMENT 2010

WHAT KIND OF CLIENT?

The Standard Conditions of Appointment for an Architect/Consultant 2010 (Standard Conditions 2010), the main part of an RIBA Standard Agreement 2010, set out in explicit terms the obligations of the architect/consultant and a client acting as a public authority or for business purposes (including charities, religious organisations and not-for-profit bodies).

Public Authorities
Where the client is a Public Authority, it may be necessary to include provisions relating to freedom of information and corrupt gifts and payments, for which the Public Authority Supplement is available.

Business Clients
Any agreement with a business client is a ‘construction contract’ to which the Housing Grants, Construction and Regeneration Act 1996 applies. However, where construction activity is only incidental to the client’s business and is not undertaken on a regular basis, any agreement may be subject to the Unfair Contract Terms Act.

Consumers
If each term is negotiated, the Standard Conditions 2010 can also be used if the client is a ‘consumer’, i.e. a natural person acting for purposes outside his trade, business or profession. The Notes on Use and Completion (printed and electronic) give more guidance on consumer clients.

WHAT KINDS OF PROJECT?

The Standard Conditions 2010 are designed to create a fair balance of risk between the parties, whether or not the client has any experience of the building process. They are suitable for:

• a wide range of projects using most procurement methods;
• a commission where detailed contract terms are necessary;
• limiting liability of the architect/consultant for complex or high risk projects;
• use where a client representative is appointed;
• use with a multi-disciplinary consultant team, to ensure that all the consultants are working under the same terms and conditions.

WHAT IS IN THE AGREEMENT?

The RIBA Standard Agreement 2010 comprises the Standard Conditions 2010 and a set of other documents (set out below).

• Project Data 2010, along with the Standard Conditions 2010, this must be used in every Agreement.
• Services 2010, consisting of Role Specifications, Design Services and Other Services, allow you to tailor your agreement to the client’s, the project’s and the architect’s/consultant’s requirements.
• Fees and Expenses Schedule 2010
• Model Letter
• Memorandum of Agreement; if used, the agreement clause in the Model Letter must be deleted.
• Notes on Use and Completion

The electronic version is available in a bundle consisting of the Standard Conditions and Core Components (Project Data; Services (Part 1Role Specification, Part 2 Design Services and Part 3 Other Services); Fees and Expenses Schedule; Model Letter; Memorandum of Agreement; and Notes on Use and Completion).

The printed version is organised slightly differently. It comes as a pack consisting of the Standard Conditions, Schedules (Project Data, Services (Part 1: Role Specification, Part 2 Design Services, Part 3 Other Services, Fees and Expenses), Memorandum of Agreement, and Notes (Part 1 Use and Completion, Part 2 Model Letter).

HOW CAN IT BE ADAPTED TO DIFFERENT SITUATIONS?

Other schedules are available which can be used to replace or supplement those in Services 2010. These are:

• Access Consultancy Services Schedule
• Historic Building or Conservation Project Services Schedule
• Small Historic Building or Conservation Project Services Schedule
• Initial Occupation and Post-occupation Evaluation Services Schedule
• Master Planning Services Schedule
• Multi-disciplinary Design Services Schedule
• Contractor’s Design Services Schedule

If third party rights in favour of funders, purchasers or tenants are required, the Draft Third Party Rights Schedule is available. This can be used to amend the Standard Conditions 2010, but legal advice should be sought before doing so.

The RIBA Standard Agreement 2010 should be used together with the Contractor’s Design Services Schedule where the architect/consultant is:

• to be appointed by a contractor for a contractor-led development,
• to provide the contractor’s proposals for a Design and Build project, or
• appointed under a new agreement following a consultant switch or novation.

Back to top

RIBA CONCISE AGREEMENT 2010

WHAT KIND OF CLIENT?

The Concise Conditions of Appointment for an Architect/Consultant 2010 (Concise Conditions 2010), the main part of an RIBA Concise Agreement 2010, sets out in a succinct form the obligations of the architect/consultant and a client acting as a public authority or for business purposes (this includes charities, religious organisations and not-for-profit bodies).

Public Authorities Where the client is a Public Authority, it may be necessary to include provisions relating to freedom of information and corrupt gifts and payments, for which the Public Authority Supplement is available.

Business clients Any agreement with a business client is a 'construction contract' to which the Housing Grants, Construction and Regeneration Act 1996 applies.

Consumers If each term is negotiated, the Concise Conditions 2010 can also be used if the client is a 'consumer', i.e. a natural person acting for purposes outside his trade, business or profession. The Notes on Use and Completion (printed and electronic) give more guidance on consumer clients.

HOW DOES IT COMPARE TO THE STANDARD CONDITIONS 2010?

The Concise Conditions 2010 are similar to but shorter than the Standard Conditions 2010, achieved by making some of the rules or procedural requirements less detailed or omitting them altogether. The main differences are:

Condition	Less detailed provision	Not included
2. Architect’s/Consultant’s services	Architect’s authority.	Informing the Client about the need for appointing others. Requirements for decisions and actions from themselves and others. Architect’s/Consultant’s representative. Publicity. Confidentiality.
3. Client’s responsibility	Appointment of others.	Client’s representative. Instructions to Architect/consultant by others and authority of Architect/consultant to issue instructions to others. Application for consents. Legal advice. Confidentiality.
4. Assignment	Appointment of a sub-consultant by the Architect. Appointment of specialists by client.
5. Fees and expenses	Basic fee. Other fees calculated on a time basis.	Supplementary agreements. Fee for tender not accepted.
6. Copyright licence	Use of information by the Client.	Patents.
7. Liability and insurance	Architect’s liability is six years.	Supplementary agreements.
8. Suspension or termination	Client failure leading to suspension. Termination.

An evaluation of the complexity of the project and the proposed procurement route should be undertaken to decide whether the less detailed and ‘missing’ provisions will increase the individual risks of the parties. The Concise Agreement is less suited where:

• the design team is large;
• the Architect is not acting directly for the client as team leader;
• other services (CDM coordinator, cost consultant, etc) are to be provided.

WHAT IS IN THE AGREEMENT?

In the printed version, RIBA Concise Agreement 2010 is a pack that comprises the Concise Conditions 2010 and a set of other documents. In the electronic version, it comprises the Concise Conditions 2010 and the same set of other documents known as the Core Components

The Core Components of the RIBA Concise Agreement 2010 are:

• Small Project Services Schedule 2010
• Model Letter of Appointment
• Notes on Use and Completion
• Fees and Expenses Schedule 2010.

HOW IS IT COMPLETED?

The Concise Agreement is to be executed under hand by each party signing the Letter of Appointment in their own name. If it is to be executed as a deed or signed by persons representing companies or corporate bodies, it must be amended.

Back to top

RIBA DOMESTIC PROJECT AGREEMENT 2010

WHAT KIND OF CLIENT?

The Conditions of Appointment for an Architect/a Consultant for a Domestic Project 2010 (Domestic Project Conditions 2010) are suitable for a consumer client - i.e. a natural person entering into a contract for purposes outside their trade, business or profession. Note that you must explain the contract to the consumer client and negotiate the terms (see below).

WATCHPOINTS

The commission must relate to work to the client’s home, providing that the he/she has elected to use these Conditions in his/her own name, and not as a limited company or other legal entity. If the work is for a second home which is to be let at any time as a holiday rental or to other tenants, the client will be deemed to be a business client and the exemptions will not apply.

A consumer has legal protection under the Unfair Terms in Consumer Contracts Regulations (UTCCR) but is exempt from the provisions of the Housing Grants Construction and Regeneration Act, the CDM Regulations and the Late Payment of Commercial Debt (Interest) Regulations.

WHAT IS IN THE AGREEMENT?

In the printed version, the RIBA Domestic Project Agreement 2010 is a pack that comprises the Domestic Project Conditions 2010 and a set of other documents. In the electronic version, it comprises the Domestic Project Conditions 2010 and the same set of other documents known as the Core Components.

The Core Components of the RIBA Domestic Project Agreement 2010 are:

• Small Project Services Schedule 2010
• Model Letter of Appointment
• Notes on Use and Completion
• Fees and Expenses Schedule 2010.

HOW IS IT COMPLETED?

Written consumer contracts must be in plain and intelligible language and signed by hand by the consumer in their own name, not as a limited company or other legal entity.

SPECIAL CARE IN NEGOTIATING CONTRACTS WITH CONSUMERS

The client must be helped to understand their obligations and the procedural options available, in particular having their attention drawn to payment, liability and dispute resolution clauses. All terms must be negotiated, with discussions noted and copied to the client. The Letter of Appointment may be a convenient way of recording the substance of the negotiations. Note that if a term is negotiated which reduces the client’s legal protection, the Office of Fair Trading’s guidelines say, "We do object to terms that require a consumer to make declarations particularly to the effect that they have read and understood the terms of the contract or have had the terms explained."

Payment

To conform to the UTCCR, the option of offsetting a debt owed to the Architect/Consultant against any claim cannot be excluded or limited. Therefore, the Domestic Project Conditions 2010 do not include a 'no set-off' provision as in the Standard and Concise Conditions 2010. There is no provision for net contribution, and although an aggregate cap on liability to cover all claims to reduce the PII premium could be negotiated, it might be construed as limiting the consumer’s rights protected by the UTCCR.

Accounts are to be paid within fourteen days of issue unless notice is given withholding payment. In the event of non-payment, interest can be charged but if the debt is offset it is not clear if the interest is payable, when the debt is due or when the dispute is resolved.

Liability

The Domestic Project Conditions 2010 limit the bringing of an action or proceedings against the Architect/Consultant for the consequences of any failure, to six years after practical completion of the construction of the project or the date of the last services performed. This limitation period is the same as that under the Limitation Act 1980 for a simple contract and is likely to be appropriate.

The amount of professional indemnity insurance must be appropriate for the project and its risks. The extent of cover should be fully explained to the client, especially that legal costs will be paid out of the amount and any specific exclusions, for example asbestos-related or terrorism claims.

Dispute resolution

Disputes may be settled by negotiation, court proceedings or adjudication. Any choice of procedure must be left to the client. If adjudication is included, the client must be fully informed and a copy of the Adjudication Rules attached to the Agreement. Although the Agreement provides for the recovery of adjudication costs, the decision rests with the adjudicator.

Back to top

RIBA SUB-CONSULTANT AGREEMENT 2010

The Conditions of Appointment for a Sub-consultant 2010 (Sub-consultant Conditions 2010), the main part of an RIBA Sub-consultant Agreement 2010, can be used where the Architect/Consultant appointed by a client directly appoints another consultant or specialist to perform part of the Architect’s/Consultant’s Services. It is not for use when the client directly appoints other consultants or specialists.

The Sub-consultant Conditions 2010’s terms and services are compatible with any of the other RIBA Agreements 2010, which are recommended as head agreements.

Liabilities

Although the client should consent to the principal consultant’s sub-contracting any part of their services, this does not diminish the principal consultant’s primary liability to the client.

Warranties

The consultant and the sub-consultant should let their respective professional indemnity insurers see the scope of cover required to reflect their obligations to one another and to the client. If a warranty is required to form a direct contractual relationship between the client and the sub-consultant, the parties should consult a legal advisor at the earliest opportunity. A warranty to the client with typical provisions - Draft Warranty by a Sub-consultant - is available.

CDM Regulations

Under the Construction Design and Management Regulations, designers have a duty to assess the competence of an appointee before making the appointment. The appointed sub-consultant must not accept the appointment unless competent to perform the services required or, if the project is notifiable, start work unless a CDM Co-ordinator has been appointed.

Working on houses

Even if the client is a ‘consumer’ and the work is to their own home, this Agreement is a ‘construction contract’ to which the Housing Grants, Construction and Regeneration Act applies and the Unfair Terms in Consumer Contracts Regulations are not relevant.

WHAT IS IN THE AGREEMENT?

In the printed version, the RIBA Sub-consultant Agreement 2010 is a pack that comprises the Sub-consultant Conditions 2010 and a set of other documents. In the electronic version, it comprises the Sub-consultant Conditions 2010 and the same set of other documents known as the Core Components.

The Core Components of the RIBA Sub-consultant Agreement 2010 are:

• Model Letter of Appointment
• Notes on Use and Completion
• Fees and Expenses Schedule 2010.

Back to top

CORE COMPONENTS

Notes on Use and Completion

These give guidance and explanatory notes on the use and completion of the components which make up the Conditions in the RIBA Agreements 2010. There is a different set of Notes on Use and Completion for each of the RIBA Agreements 2010 and may be adapted for use in Scotland as well as the rest of the UK.

Note that in the printed version, these come as part of Notes: Part 1 Use and Completion; Part 2 Model Letter, a booklet that also includes a Model Letter. Again, there is a different booklet for each of the RIBA Agreements 2010.

Memorandum of Agreement for the Appointment of an Architect/a Consultant

The Memorandum of Agreement is for use where a formal approach is required and:

• the Agreement is to be executed as a deed; or
• either or both signatories are acting for or on behalf of a company.

If the Model Letter is used, the Memorandum replaces the agreement section.

Model Letters

These are annotated model letters that are used to complete RIBA Agreements 2010. Designed to be edited and customised by the purchaser, they may be adapted for use in Scotland as well as the rest of the UK. There is a different one for each of the RIBA Agreements 2010.

Note that in the printed version, these come as part of Notes: Part 1 Use and Completion; Part 2 Model Letter, a booklet that also includes Notes on Use and Completion. Again, there is a different booklet for each of the RIBA Agreements 2010.

Project Data 2010

The Project Data component is an essential component of the Standard Agreement and is completed by entering the essential project details.

Note that in the printed version, this comes as part of Schedules 2010, a booklet that also includes Services 2010 and Fees and Expenses Schedule 2010.

Services 2010: Role Specifications, Design and Other Services

This schedule covers:

• the roles, authority and responsibilities of a Project Manager, Lead Consultant, CDM Coordinator Cost Consultant, Contract Administrator or Employer's Agent, Lead Designer and Designer (of any discipline);
• the services in the design and construction stages, which may be used for designers in any profession; and
• any Other Services.

This may be replaced by other schedules where appropriate, such as the Historic Building or Conservation Project Services Schedule or the Contractor’s Design Services Schedule.

Note that in the printed version, this comes as part of Schedules 2010, a booklet that also includes Project Data 2010 and Fees and Expenses Schedule 2010.

Fees and Expenses Schedule 2010

This schedule is for detailing the fees and expenses for a project and may be used with any Agreement, especially RIBA Agreements 2010. Alternatively, the details may be included in a Letter of Appointment.

Note that in the printed version, this comes as part of Schedules 2010, a booklet that also includes Project Data 2010 and Services 2010.

Small Project Services Schedule 2010

This schedule is used in conjunction with the RIBA Concise Agreement 2010 and the RIBA Domestic Project Agreement 2010 and covers the design and the management duties of the architect/consultant. It is not suitable for use on large or complex projects.

Note that in the printed version, this comes bound in to the middle pages of the respective Conditions.

Back to top

OTHER COMPONENTS

SCHEDULES

Access Consultancy Services Schedule

Fully editable, this schedule is for a suitably skilled and experienced architect or consultant providing access consultancy services as a specialist in connection with the Disability Discrimination Acts 1995 and 2005. It can be used as an alternative or additional to the Services 2010 with the RIBA Standard, Concise, or Sub-Consultant Agreements 2010. A client guide – A Guide to Access Consultancy Services is also available.

There is no printed equivalent of this schedule.

Contractor's Design Services Schedule

Fully editable, this schedule is used where an architect/a consultant is to provide design services for:

• Contractor’s Proposals for a building project where the contractor is to design all or discrete part(s) of the works; or
• a Contractor’s Development project.

It is used in conjunction with the RIBA Standard Agreement 2010 and replaces the normal Services 2010. An explanation of the arrangements for Employer’s Requirements, Consultant Switch and Novation and amendments which may be required to the Standard Conditions 2010 are also available in Contractor’s Design Services Schedule Notes Parts 1-4 .

There is no printed equivalent of this schedule.

Contractor’s Design Services Schedule Notes Parts 1-4

Fully editable, this guidance on the use and completion of the Contractor Design Services Schedule and the arrangements for Employer’s Requirements, Consultant Switch and Novation, along with the amendments which may be required to the Standard Conditions 2010.

There is no printed equivalent of these Notes.

Initial Occupation and Post-occupation Evaluation Services

Fully editable, this schedule is in two parts: for work stage L2: Initial Occupation Services; and for work stage L3: Post-occupation Evaluation. In an RIBA Standard Agreement 2010, it can be used in addition to normal services, i.e. as one of the ‘Other Services’ in Services 2010, or as an alternative to Services 2010.

A client guide – A Guide to Initial Occupation and Post-occupancy Services is also available.

There is no printed equivalent of this schedule.

Multi-Disciplinary Design Services Schedule

Fully editable, this schedule is designed to identify the scope of services from each of the principal design consultants, i.e. architectural, structural engineering and building services designers, and the cost consultant, or to transfer any work group or section to another consultant or specialist.

There is no printed equivalent of this schedule.

Master Planning Services

Fully editable, this schedule may be appropriate for:

• developer-led commercial property projects;
• development by the owner/lessee to maximise the potential of a site, including partial or total occupation by the owner/lessee, in which case the schedule would replace RIBA Stages A and B in the Services 2010. It may be particularly relevant where the site constraints are complex and/or there are multiple options for development.

There is no printed equivalent of this schedule.

Historic Building or Conservation Project Services Schedule

Fully editable, this schedule is used in conjunction with RIBA Standard Agreement 2010 and replaces the normal Services 2010.

It includes additional specialist services that are essential to defining the extent of repair or constraints on change. There are also relevant Other Services, which include making an application for listed building consent and/or for conservation area consent.

A client guide – A Guide to Working with an Architect: Repair and Alteration of Historic Buildings is also available.

There is no printed equivalent of this schedule.

Small Historic Building or Conservation Project Services Schedule

Fully editable, this schedule may be used in conjunction with Concise or Domestic Project Conditions 2010. It is based on the schedule Small Project Services Schedule 2010 and includes some additional specialist services, which may be required for a small historic building or conservation project.

A client guide – A Guide to Working with an Architect: Repair and Alteration of Historic Buildings is also available.

There is no printed equivalent of this schedule.

Back to top

SUPPLEMENTARY AGREEMENTS

Draft Third Party Rights Schedule

This Supplementary Agreement is a draft agreement for use as a basis for discussions with a legal advisor where the Architect/Consultant is to provide third party rights to a funder, purchaser or limited number of first tenants. The draft is fully editable to reflect the legal advice and project requirements.

There is no printed equivalent of this supplementary agreement.

Draft Warranty by a Sub-Consultant

This Supplementary Agreement is a draft agreement for use as a basis for discussions with a legal advisor where a Sub-Consultant is to provide a warranty to the client in respect of performance of the relevant services. The draft is fully editable to reflect the legal advice and project requirements.

There is no printed equivalent of this supplementary agreement.

Public Authority Supplement

This Supplementary Agreement is a draft agreement for use with the Standard and Concise Conditions 2010 where the client is a public authority. It accounts for Freedom of Information and Corrupt Gifts and Payments. The draft is fully editable to reflect the legal advice and project requirements.

There is no printed equivalent of this supplementary agreement.

Back to top

CLIENT GUIDES

A Guide to Access Consultancy Services

This is a client guide designed to explain the impact of the Disability Discrimination Acts 1995 and 2005. Building owners or operators – the service providers - are required to ensure that the operation of their ‘premises’ – new or existing – will not bring them into conflict with the Act.

There is no printed equivalent of this guide, which is delivered as a PDF.

A Guide to Working with an Architect: Repair and Alteration of Historic Buildings

This is a client guide designed to explain how the special skills of an architect can help you repair or modify an historic or listed building and complete a successful project.

There is no printed equivalent of this guide, which is delivered as a PDF.

A Guide to Initial Occupation and Post-occupation Evaluation Services

This is a client guide explaining the issues surrounding initial occupation and, subsequently, post–occupancy evaluation to determine the level of success of the project.

There is no printed equivalent of this guide.

A Guide to Working with an Architect: Repair and Alteration of Places of Worship

This is a client guide designed to explain how the special skills of an architect can help you repair or modify places of worship and complete a successful project.

There is no printed equivalent of this guide, which is delivered as a PDF.

Back to top