The RIBA has issued amendments to its standard forms of appointment for architects, consultants and sub consultants, which take into account the recent amendments to the Construction Act.
The key amendments to the appointments relate to the payment provisions and are:
- The account becomes the payment notice, so it must state the amount the architect, consultant or sub consultant believes is due and the basis for the calculation of that amount.
- If the Client does not agree with the account, then it must serve a pay less notice not later than 5 days before the final date for payment.
- If payment of the account is not made by the final date for payment and no pay less notice is served, the architect, consultant or sub consultant can, upon giving at least 7 days notice, suspend all or part of its work. For instance an architect with both a design and certifying role could chose not to certify sums due to a contractor, whilst carrying on with its design.
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