ZIC Architecture

Conditions of Engagement

for domestic projects England and Wales

1. General 

1.1 ZIC Architecture Ltd (herein referred to as “ZICA”) are an Architectural Technologist registered practice. 

1.2 “the Client” is the home owner/occupier who commissions services from ZICA. 

1.3 “the Agreement” means the agreement between ZICA and the Client including these Conditions of Engagement.

2. ZICA's Services 

2.1 ZICA will issue the Client with a list of services in writing to be provided by ZICA and the Client will agree the Services and any specific quality standards to be provided by ZICA.

3. Client’s Responsibilities 

3.1 The Client will provide a clear explanation of the project requirements and any relevant information requested by ZICA needed to carry out the agreed Services. 

3.2 The Client will provide ZICA with clear information about the Client’s budget and required timescales for completion of ZICA’s services and the project. 

3.3 When required, the Client shall appoint any other professional specialist services on the understanding that those fees shall be separate from, and additional to, those charged by ZICA. ZICA shall not be responsible or liable for the work of those other professional specialist services. 

3.4 The Client will be available at all reasonable times throughout the project in order to give due consideration to ZICA’s advice and ZICA’s queries and agrees to provide any required responses within a reasonable time period. 

3.5 Where ZICA is acting as contract administrator under the building contract, the Client will not impede or interfere in ZICA’s communication with the Building Contractor or the provision of any certificates issued by ZICA. It is further agreed that the Client will not give any instructions to the Building Contractor or agree any variation in the Services directly with the Building Contractor without having consulted ZICA first.

4. ZICA's Responsibilities 

4.1 ZICA may, when appropriate, provide the Client with a realistic timetable for the implementation of the project based on the information provided by the Client and the requirements of the project and shall provide details of all reasonable methods to ascertain the estimated costs of the building work. 

4.2 Where necessary, ZICA shall advise the Client of any requirement to appoint other consultants, specialist contractors or subcontractors to undertake part of the design, inspection or certification of the project. 

4.3 ZICA shall use all reasonable endeavours to integrate into the design for which it is responsible the designs or calculations of the other consultants, specialist contractors or subcontractors, provided always that ZICA shall not be responsible for the accuracy or errors within such designs or calculations. 

4.4 ZICA, if specifically instructed to do so in writing by the Client, shall make such periodic inspections of the building works as it considers reasonably necessary to check the progress of the works and to see that the Building Contractor is generally complying with the requirements of the building contract documents. 

4.5 ZICA shall not be responsible for the work of, or design by, the building contractor nor for any failure of the building contractor to complete the building work in accordance with the terms of the building contract. 

4.6 If appointed as contract administrator, ZICA shall act in a fair and impartial manner as between the Client and the Building Contractor, when administering the building contract. 

4.7 ZICA may act as the Client’s agent to apply for any necessary statutory approvals (such as planning permission and building regulations approval) and will use all reasonable endeavours to obtain them, but cannot guarantee that such approvals will be obtained. 

4.8 ZICA shall exercise reasonable skill, care and diligence to be expected of an Architectural Technologist in its duties and obligations in the performance of the agreed Services.

5. Fees 

5.1 The amount of ZICA’s fee shall be agreed between ZICA and the Client. An invoice for 50% of the total fee for the work stage shall be raised upon appointment. Work will not begin until this invoice is paid. An invoice for the remainder shall generally be raised at the end of each work stage (i.e. the submission of a planning application or completion of building regs drawings). However, interim invoices may be raised if a particular stage continues for an extended period of time. 

5.2 The Client shall pay the invoiced fees within 7 days of the date of ZICA’s invoice, unless otherwise agreed. 

5.3 ZICA’s fees shall not include local authority fees or charges associated with statutory approvals and other professional or specialist services. 

5.4 The amount of any expenses (including but not limited to printing, photography, hotels, travel and subsistence) to be charged to the Client in addition to ZICA’s fee and shall be agreed between ZICA and the Client. 

5.5 ZICA shall be entitled to charge interest on any fees that are unpaid after the agreed date for payment. Interest shall be charged at 5% above the Bank of England base rate from time to time. 

5.6 If the Client changes the services to be provided by ZICA: 

5.7.1 any addition or variation to the Services will entitle ZICA to charge the Client an additional fee. Details of such additional services and variations and any additional fee due shall be provided in writing by ZICA and agreed between ZICA and the Client as soon as possible; 

5.7.2 any reduction to the services will entitle the Client to a reduction in ZICA’s fee. Such reduction shall be provided in writing by ZICA and agreed between ZICA and the Client as soon as possible.

6. Copyright 

6.1 The copyright in all designs, drawings, reports, models, specifications, bills of quantities, calculations and any other documents prepared by ZICA (“the Documents”) shall remain vested in ZICA. As long as ZICA has received the payment of any fees properly due and owing, ZICA grants a licence to the Client to copy and use the Documents for the purposes of the project only (excluding any extension of the project). Source materials, including CAD files, remain the property of ZICA. ZICA shall not be liable for any use of the Documents for any purpose other than that for which they were prepared and provided by ZICA.

7. Duration of ZICA's Liability 

7.1 ZICA shall have no liability to the Client under this Agreement after the expiry of six years from the completion of the services.

8. Termination 

8.1 Either the Client or ZICA may terminate the Agreement by giving thirty days written notice to the other party. The Termination Notice shall not take effect for a further seven days to provide the opportunity for the other party to respond to such Termination Notice. If after these additional seven days, the reasons for the Termination cannot be set aside through written agreement, the Agreement will be terminated and take effect without any further notification. 

8.2 The Agreement shall terminate immediately if: 

8.2.1 the Client (or any one of them if there is more than one) is adjudged to bankrupt or enters into a voluntary arrangement with creditors; 

8.2.2 A key member of ZICA dies or becomes incapacitated unless there are business arrangements in place to address this by the Practice. 

8.3 Upon termination of the agreement, the Client will pay ZICA’s fee for those services provided up to the date of termination of the Agreement.

9. Disputes 

9.1 If the Client and ZICA are themselves unable to resolve any disputes between them arising out of the Agreement: 

9.1.1 the Client or ZICA can start Court proceedings; or 

9.1.2 the Client or ZICA can refer the dispute to an independent Dispute Resolution Scheme.

10. Law 10.1 The laws of England and Wales apply to the Agreement.