We can provide expert legal advice on all aspects of professional team and consultant appointments and have extensive experience of working with all of the standard forms commonly used in the industry including those published by the Royal Institute of British Architects (RIBA), Association of Consulting Engineers (ACE), the Royal Institution of Chartered Surveyors (RICS), the Association of Consulting Architects (ACA), the Construction Industry Council (CIC), the British Property Federation (BPF) Consultancy Agreement and the New Engineering Contract (NEC) Professional Service Contract as well as bespoke forms of appointment.
We have in depth knowledge of all of the main procurements methods in use throughout the construction industry including traditional and design and build but also management contracting and construction management and can advise on the drafting of the appointments for the professional team to suit each in order to ensure the success of a project.
Our approach is to work with your team to advise on the appropriate form of appointment, whether that may be a published standard form or bespoke. We can assist from the initial tender process, through the drafting of the appointment, advising upon and negotiating its terms as required and assisting in getting them signed. We liaise directly with legal advisors and insurers in the negotiation process.
We regularly advise on the risk profiles of the appointments and can work with you to review and draft appointments to suit your requirements and to achieve your aims, whether your priorities are in relation to quality, price or programme. We believe that it is better to consider the risks at the outset and place the responsibility for them with the person most able to manage it having regard to your priorities.
When acting for a developer we consider ourselves to be a member of the professional team and work with the team to finalise the appointments. We also advise on forms of novation agreements, collateral warranties and third party rights.
We can also provide a full appointment review service for consultants being appointed for new projects and advise on the risks arising and the current market and insurance position to ensure that you are not taking on greater responsibilities and liabilities than are necessary but we also avoid becoming an obstacle and bear in mind the commercial realities of the construction industry and the relationships between all of the stakeholders.