1. This document sets out the Conditions of Engagement under which DMS Architects (“the Practice”) will conduct its business with the Client. The specific extent of the Practice services and the fee structure that will apply to a particular commission are set out in the letter of appointment and/or other written note to that commission. The Conditions on the letter of appointment and/or other written note shall be collectively referred to as “the Engagement”. No liability whatsoever will attach to the Practice in respect of the performance of services other than the specific services for which the Practice has been so engaged. The expression “the Practice” includes for the avoidance of doubt, the Director and employees from time to time of DMS Architects.

2. Without prejudice, any liability of the Practice to the Client shall not in any circumstance exceed the limit of indemnity or sum insured under the Practices professional indemnity insurance in the insurance year in which the Client’s claim or circumstance is first notified to the insurers.

3. All work undertaken by the Practice, and the level of the said fee structure is on the basis that a full written disclosure has been made by the Client of all information and documentation which may affect such work and the Practice shall not be liable unless such a disclosure has been made prior to its engagement.

4. The Practice undertakes to pursue diligently the Client’s objectives to the best of its ability within the constraints imposed by the facts and circumstances of the case. However, the Client agrees and accepts that success cannot be guaranteed because of the nature and uncertainties of planning procedure and legislation.

5. The Practice undertakes to supply the professional services on the basis of the identified programme which has been discussed and agreed with the Client. The Client undertakes to render all necessary assistance to the Practice by supplying upon request all necessary relevant information, documents, plans, material, etc., in his/her possession within reasonable time. The Practice shall not be held to be responsible for any delay incurred in the project as a result of any delay in the supply of such information by the Client as aforesaid, or because of circumstances beyond his control.

6. The Practice undertakes to keep the Client regularly advised of the progress of the project at reasonable intervals, including in respect of the timescale for its likely completion. He likewise undertakes not to deviate from the agreed scope of his services without further authority from the Client.

PAYMENT FOR SERVICES RENDERED

7. Within 7 days of the date of the invoice rendered, the Client shall pay all fees due and shall reimburse any expenses and any disbursements due including value added tax. Payment is to be by BACs transfer.

8. Specified fees do not include:
i) The preparation of photographic and other records, models and presentation materials unless expressly agreed at engagement.
ii) Fees, other charges and disbursements of sub-contractors, specialists or consultants engaged, with prior consent of the Client, whether directly or as agreed by the Client and whether or not working under the direction or supervision of the Practice.
iii) The reasonable cost of producing or reproducing documents, drawings, maps, photographs and other records including the costs incurred from local authorities or other sources in finding necessary and relevant documents for the performance of the services engaged.
iv) Reasonable hotel and travel expenses including mileage allowance, where the right is reserved by the Practice to pass on any costs incurred to the Client should they be necessary for the performance of the services engaged.
v) Communication charges, such as messengers, couriers, special postal items and the like, should their use be required within the Conditions of Engagement.
vi) Local Government fees and costs including statutory fees. As a general practice, in any event, the Client will be requested to pay any statutory fees directly to local authorities at the time of submission of planning applications, appeals or similar.

9. The Practice shall retain the right to charge interest, on any invoice overdue by more than 14 days at a rate of 8% above the prevailing Bank Rate in force from time to time (before as well as after any judgement for the same) or any other Base Rate nominated in writing to the Client by the Practice from time to time. In addition, the practice retains the right to charge on all third party collection costs on invoices which are beyond the terms set out in paragraph 8.

10. Where an estimate has been given by the Practice of the anticipated costs of an exercise the Client recognizes and agrees that this can only be an approximate estimate. By the nature of the planning system it is necessarily impossible to give a precise forecast of the amount of time that an exercise will take if the case is to be pursued as diligently and as thoroughly as is necessary to achieve the desired outcome. However, the Practice undertakes to endeavour to work within any agreed budget and failing this to advise the Client as soon as it appears that the likely costs will be significantly greater than estimated. At this point the Client’s instructions to proceed further will be sought.

COPYRIGHT

11. Unless otherwise agreed in writing, the Practice shall retain copyright and ownership of all files, specifications, manuals, reports, documents, drawings, maps, photographic and other records, models and presentation materials prepared by the Practice. The Client, or any other persons, may not reproduce any of the foregoing without the consent of the Practice and payment of any additional fees that may be specified by the Practice.

TERMINATION OF SERVICES

12. The Practice is entitled to suspend performance of the services retained upon serving written notice to that effect on the Client. The Client can also terminate the engagement by serving written notice on the Practice. If the performance of services has been so suspended, the Practice shall be entitled to send an invoice to the Client in respect of all outstanding fees for the services performed up to that time, to include all expenses and other disbursements incurred and value added tax.

13. If the Client is declared bankrupt or has a receiving order made against them, or has made any arrangement with creditors, or if distress or execution is levied or threatened upon any of the Client’s property, or any judgement against the Client remains unsatisfied for more than 14 days, or for nonpayment of any invoices presented for more than 14 days, the Practice may suspend performance of its services or may terminate any agreement upon serving written notice on the Client to that effect. These provisions shall also apply where the Client is a limited company and enters into liquidation, whether compulsory or voluntary (other than a voluntary and solvent liquidation for the purposes of amalgamation or reconstruction) or has a receiver or administrator appointed in respect of any of its assets.

GENERAL

14. The Engagement cancels and replaces all previous agreements or arrangements (if any) between the Practice and the Client and constitutes the whole agreement.

15. The Engagement shall be binding upon and endure to the benefits of the Practice and the Client and their respective successors and assigns except that the Client shall not assign its rights thereunder without the prior written consent of the Practice. In the event of any conflict between the Conditions and any other document binding upon the Practice and the Client, the provisions of the Conditions shall prevail.

16. The invalidity of any of the foregoing paragraphs shall not affect the validity of the remainder and shall be severed therefrom. The paragraph headings herein are for convenience only and do not effect the construction or meaning of the Conditions.

EXTENT OF LIABILITY FOR ADVICE GIVEN

17. Any advice provided will be for the sole use of the client and his/her other professional advisers. DMS Architects accept no responsibility whatsoever to any parties other than the client. Any other parties rely upon such advice at their own risk. Neither the whole or any part of any report or other written advice, nor any reference to it, may be included in any published document, circular or statement, or published in any way, without DMS Architects prior written approval including specifically the form and context in which is may appear.

SUPPLEMENTAL CONDITIONS OF ENGAGEMENT

A. This short note is intended to give a broad idea of the fees which may become payable in respect of our advice.

B. Planning and related work is difficult to quantify in terms of the time it will take. Occasionally a case takes an unforeseen course. Sometimes unexpected results occur which considerably shorten the work involved. More often, at planning application stage, the strength of opposition – unknown at the start – will decide what corrective measures and lobbying may be necessary at a late stage in the process.

C. Fees quoted are exclusive of VAT, printing, statutory fees and other disbursements. The Director or employees of DMS Architects deployed at any given time, either alone or jointly to a commission shall be decided upon at the absolute discretion of the Director.

D. The covering letter to the commission may suggest a budget figure for a certain stage of the work involved, but it is emphasised that this is mentioned only as a guide. The final sum may be less. It may be more, in which case we will advise the Client in advance, unless it is in the Client’s best interest that the specific task be completed, i.e. to meet appeal deadlines etc.

E. Depending on the nature of the Commission, it is our practice to send accounts on an interim or stage basis.

F. Where any statutory fees are due to be paid to local authorities or the Planning Inspectorate in respect of any applications, appeals, etc., such fees shall be the responsibility of the Client and the Practice shall have no liability whatsoever in respect of such fees. The necessary fees shall be rendered by the Client promptly upon request and shall be paid directly to the receiving authority.

G. Where it has been agreed between the Practice and the Client that another consultant or consultants (such as a Structural Engineer, Civil Engineer, Arboriculturalist, Surveyor or renewable energy expert) should be sub-instructed by or on behalf of the Client, the Client shall have full responsibility for the payment of any fees, costs, expenses or charges due to the sub-consultant for work carried out for or on behalf of the Client.

H. We take your privacy seriously, and your contact details will only be used as part of the Planning and Building Regulations processes, and will not be used for marketing purposes or passed onto 3rd parties, unless your express permission is granted.

I. Unless stated otherwise, DMS Architects role as Principal Designer, as referenced under the Building Regulations Oct 2023, will end at the Full Plans Approval stage of the Building Regulations process. The responsibility of Principal Designer will then pass on to someone else, possibly the Principal Contractor. This segregation of roles, will not extinguish DMS Architects liability for the original design work.