1.0 INTRODUCTION

We are often asked questions by new clients about the design process, building issues and the project management of our schemes. In response to these frequently asked questions, we have developed the following guide to the whole business of designing and constructing a building project.

In producing this guide, we are also setting out our working methods, work stages and our terms and conditions. This guide therefore forms the basis of the contract that exists between Michael Hill Architects and our clients.

To formalise the contract, Michael Hill Architects would propose to use the RIBA Domestic Professional Service Contract 2020: Architectural Services.

2.0 ROYAL INSTITUTE OF BRITISH ARCHITECTS (RIBA)

Michael Hill Architects is an RIBA chartered practice, as such we work in accordance with the RIBA’s ‘Plan of Work’. We therefore work through the sequential ‘work stages’ as set out by the RIBA’s conditions of engagement.

Further information about the RIBA can be found at www.architecture.com

3.0 ARCHITECTS REGISTRATION BOARD (ARB)

Michael Hill is a UK qualified Architect registered with the ARB and as such works in accordance with the Code of Conduct set out by the ARB.

Further information about the ARB can be found at www.arb.org.uk

4.0 OVERALL OBJECTIVES

To produce imaginative and innovative design schemes in response to our client’s brief.

To bring a practical approach to the design and construction process.

To manage our schemes in a positive and professional manner, thereby ensuring our clients enjoy as smooth a ride as possible for the duration of their project.

5.0 THE PROCESS

A successful project, whether it is a small-scale operation such as a house extension, or a major building programme, depends upon the project team following a logical and well-considered critical path. This starts with initial discussions, briefings and information gathering and ends with the final decorations and finishes touches.

The process follows the RIBA sequential work stages:

Stage 0 - 02 – Strategic Definition, Preparation and Briefing, Concept Design

Formulation of the client’s brief, advising on timescales, likely building costs, local authority statutory conditions, the need to engage specialist consultants / formation of the project team.

Preparation of preliminary design proposals in response to the client’s brief. Meeting with the client to present the designs.

Stage 03 – Spatial Coordination / Planning Submission

Developing the design scheme to a more detailed level: preparing a set of drawings, diagrams, and all relevant documentation to make a planning application (where applicable). Liaison with Planning Consultant / monitoring of the planning application.

Stage 04 – Technical Design / Building Regulations / Tender Submission

Liaison with structural engineers and any other specialist consultants. Preparation of a full set of detailed construction drawings, diagrams, specifications, schedules where required. to facilitate a ‘contract tender’ or ‘a ‘contract negotiation process’. Submission of all relevant technical information to an ‘Approved Building Inspector’ or to the local authority for ‘Building Regulations Approval’.

Monitoring of the ‘contract tender’ or the ‘contract negotiation process’ to arrive at an agreed contract sum. Review of project budget and programme.

Stage 05 – Construction

Liaising with the structural engineers and all other relevant specialist consultants and to generally prepare the project for the building works to commence on site. Preparation of contract documentation. Agreeing the building works programme with the contractor and all nominated sub-contractors. General administration and over-seeing of the building works on a regular basis throughout the ‘construction phase’. Generally monitoring the progress of the building works and reporting back to the clients on all relevant matters, including regular cost updates.

Stage 06 – Handover

Overseeing the final stages of the building and fitting-out works. Liaising with the clients, building contractors, specialist sub-contractors and suppliers. Arranging the ‘hand-over’ of the completed scheme to the clients for their beneficial occupation. Identifying any latent defects and instructing the building contractor to carry-out any remedial works that may be necessary.

Resolving the final building costs and agreeing these costs with both client and contractor.

Stage 07 – Use

When a project is completed and the client is in occupation, we are sometimes asked to monitor the performance of the building and to advise on any further modifications and minor adjustments. In these instances, we are happy to assist in the post contract evaluation of the project.

6.0 TEAMWORK

Teamwork is an important aspect of our work and is the way we approach our building projects. In the first instance we work directly and for our clients, and so the team is that of the Architect and client. Further down the line we are joined by structural engineers, party wall surveyors, building contractors and specialist consultants and sub-contractors / suppliers. The team enlarges as the project progresses.

We strongly endorse the attitude of teamwork and we make every effort to ensure that any party who joins the team plays their part to the full and contributes positively to the success of the project. In this respect, we only work with people who share our values.

7.0 ROLES AND RESPONSIBILITIES

Architect’s Responsibilities:

7.1 To provide our client with clear advice at the outset of the project, ensuring a good understanding of the salient issues which define the project, such as:

• Design responsibilities.

• Anticipated build costs, based on current projects within the practice.

• Anticipated Time scales, based on current projects within the practice.

• Statutory consents.

• Environmental concerns.

• Professional consultants.

7.2 To establish a firm and agreed brief.

7.3 To respond to the brief accurately and appropriately.

7.4 To produce design schemes which are practical and viable in terms of ‘build-ability’ and which reflect as realistically as possible the agreed brief.

7.5 To produce designs for which statutory legislation can be sought i.e. planning consent, listed building consent and building regulations approval.

7.6 To apply for planning consent at the appropriate juncture and to monitor the application whilst it is under review by the local authority.

7.7 To liaise with any other professional consultants who are engaged on the project e.g. planning consultant, structural engineer, quantity surveyor etc. To produce all the necessary detailed construction drawings, diagrams, specifications, and schedules etc. that enable a building contractor to prepare tendered costs and build the scheme.

7.8 To apply for building regulations approval and to liaise with the local authority Building Control Officer or an ‘Approved Inspector’.

7.9 To pay attention to CDM (health and safety issues) and to ensure that the design scheme complies.

7.10 To address the concerns and the rights of adjoining neighbours and to exhibit a duty of care to any adjoining or near neighbours.

7.11 To advise the clients regarding ‘Party Wall’ matters (as and if necessary) and to arrange the appointment of a party wall surveyor to consult and negotiate a party wall agreement with the adjoining neighbours.

7.12 To advise clients on the different methods or procuring a building contract. To assist the clients with the selection of a suitable building contractor as well as the selection and nomination of any specialist sub-contractors or suppliers.

7.13 To instigate the building contract (the contract between the client and the building contractor) and to oversee the building works. To generally monitor the progress and quality of the building works as closely and attentively as is reasonable possible.

7.14 To keep the client updated as much as is practically possible regarding the progress of the building works. To involve the client, as necessary when an important decision needs to be made.

7.15 To keep the client updated in respect of the overall building costs and any variations to the agreed contract costs.

7.16 To issue regular valuations to facilitate progress payments from the client to the building contractor, ensuring the smooth progress of the works.

7.17 To oversee the final stages of the building project and to assist with the logistics of the handover from builder to client and the client taking up occupation of the completed project.

7.18 To monitor the final completion of building works, the scheduling of any outstanding items of work and the rectification of any defects.

Client Responsibilities:

7.19 To be as clear as possible in briefing the Architects and in outlining the client’s main objectives and requirements for the project.

7.20 To provide all relevant information that the client has on the building itself, and if relevant, the history of the building.

7.21 To provide as much notice as is reasonably possible for any changes or variations to the scope of works.

7.22 To put in place the funds necessary to meet the client’s contractual obligations to the building contractors and the professional team (Architects, engineers etc.) and to settle all invoices promptly.

8.0 IMPORTANT CONSIDERATIONS

8.1 Contractual relationships

The client has a contract with the Architect and the Architect provides professional services to the client. The client will also have contractual relationships with the other professional consultants, as recommended by the Architect.

The client has a separate contractual relationship with the building contractor. The building contractor also has contractual relationships with specialist sub-contractors and suppliers.

One important driver in the whole design / building process is that all communication between the client and any of the other parties is channelled through the Architect.

8.2 Planning applications

We make planning applications at the appropriate stage of the project. We make every effort to ensure that our applications to local authorities are successful, resulting in the granting of ‘Planning Consent’. We have a high success rate in terms of gaining planning consent for our schemes. However, it is important to point out that planning authorities vary depending on region and borough, they can be unpredictable and can occasionally be challenging to work with.

Therefore, we can never guarantee success in gaining a planning consent.

We monitor our applications to local authorities carefully and attentively. Sometimes we are required to make modifications to our schemes in accordance with the requirements and directives from the planning department.

Our fees in respect of making planning applications are charged on the submission of the application. Our fees are not dependent on the granting of ‘Planning Consent’ notice being issued.

If we have cause to make alterations to the scheme to win ‘planning consent’ then this additional work can be charged on a time basis (in addition to the original fees for making the planning application). Any additional work will be discussed and agreed in writing.

8.3 Design Variations

Whilst we make every effort to avoid design variations to our schemes, especially when the project is in the construction phase, we know from past experiences that clients can change their minds regarding certain aspects of the project as it is being built. Changes of mind, leading to ‘design variations’, tend to add to the building costs and the duration of the on-site building programme. If a client instructs a variation to the scheme, we will advise on the cost and programming considerations. If we as Architect then have cause to alter our approved design drawings, this work is reviewed and charged additionally and on a time basis. Any additional work will be discussed and agreed in writing.

8.4 Time expended between work stages

Occasionally a client will delay the progress of a project and there will be a dormant period between work stages (as set out in section 5.0 The Process), which yet may require the input and services of the Architect during these periods of delay.

Whilst it is the clients’ prerogative to determine the progress of a project, we reserve the right to charge fees for any involvement between work stages and that are not specifically covered by our overall fee agreement.

8.5 Dispute Resolution

The vast majority of our projects are brought to a successful conclusion and free from any form of dispute over building costs, fees, design or building construction issues etc. Occasionally there may be a disagreement between builder and client or between client and Architect over some aspect of the project. In these circumstances, it is our policy to try to resolve the issue amicably, thereby avoiding the escalation of any disagreement. Working in an industry that is prone to allowing disputes to occur and to escalate, we are proud of our reputation in minimising the risks in this respect.

If we reach a ‘stalemate situation’ and are unable to resolve a disagreement amicably, we are, as a practice, committed to resolve the situation by means of mediation or arbitration, rather that resorting to litigation.

8.6 Termination of the contract between client and Architect

Our contractual relationships with our clients are largely very successful and of a positive nature. However, from time to time a client will decide that they want to terminate their relationship with us for their own reason. If and when such a circumstance arises, we endeavour to affect the termination with efficiency and with good grace. We do not put obstacles in the way nor are we inclined to resort to legal processes. We ensure that before the relationship is formally severed, all outstanding and incurred fees are fully settled by the client.

The most import aspect of a ‘termination of contract’ process is that the client and the Architect can continue to communicate and to affect an amicable parting of the ways.

8.7 Professional Indemnity Insurance

Michael Hill Architects carry fully professional indemnity insurance in accordance with the Architects Registration Board’s code of practice,

We have had continued and unbroken insurance cover since the original formation of the practice. Our policy is reviewed and renewed annually.

Please note Michael Hill Architects professional indemnity insurance policy contains a number of exclusions. These include the following:

·        Fire

·        Basements

8.8 Copyright and copyright related issues

The work we produce on our building projects, namely the drawings, diagrams, specifications, and schedules are referred to as our ‘materials’. These materials are produced for the sole purpose of facilitating the building project, the construction work and the fitting-out of the building for our clients.

Our materials are our copyright and remain so during the building project and beyond. When clients pay our fees for producing the design / drawings / specifications etc. they do not acquire the copyright, nor do they have the automatic right to use the drawings without our further involvement in the project.

It is important that when clients engage Michael Hill Architects, they understand that they are buying into a process and not buying a product or series of products.

This process starts with the initial briefing and discussions around the client’s specific requirements. It ends with the completion of all building and fitting-out works.

As Architects we have a duty of care to see projects through from start to finish and to oversee the building works, ensuring they are completed to the high standard we require.

If a client should choose to terminate our involvement before the projects has been completed but wishes to continue with our scheme (thereby using our ‘materials’), we are normally prepared to assign all relevant copyright licenses in lieu of a one-off fee payment, this would be discussed and agreed in writing.

8.9 Photography

Photographing our completed schemes is an important aspect of our work, because it allows us to keep an accurate record of our projects. It also enables us to keep our portfolio and website up to date.

We therefore reserve the right to photograph all our completed projects. Images to be approved by client prior to publication.

If a client does not want their property to be photographed it is the client’s responsibility to make this known to us at the outset of the project. Unless we are made aware of the client’s unwillingness for their property to be photographed, we will assume we are permitted to do so upon completion of the project.

Note: the exact project address will not be published. Details of the project cost will also not be published.

8.10 Signboards & social media marketing

Michael Hill Architects reserve the right to use design development material and photograph images of the project during each work stage and construction for marketing purposes.

Note: the exact project address will not be published. Details of the project cost will also not be published.

Michael Hill Architects reserve the right to erect an RIBA sign board for the duration of the project.

9.0 ARCHITECT’S FEES

9.1 There are two ways in which we charge fees to cover the work we do for our clients. Fees are either charged as a percentage of the contract value i.e. the building and fitting out costs. Or they are charged on a ‘time basis’s that is calculated on an hourly rate for the time it takes to complete the project.

In some cases, we charge fees as a combination of percentage-based fees and time-based fees. This usually only occurs where we carry out additional services other than the normal Architectural services. These additional services are charged on a time basis.

9.2 Percentage based fees

Architect’s percentage-based fees vary according to the scale of the project and therefore the financial value of the building contract. A relatively small-scale project would attract a higher percentage fee of circa. 10%, whereas a larger scale project would have a lower fee percentage.

There is therefore, a sliding scale of fees that reduces the percentage as the contract value rises. A typical project for Michael Hill Architects would involve fees in the region of 6% to 12.5% of the contract value.

At the outset of a project, we calculate our fees based on an estimated contract value. As the project develops and progresses, we review and recalculate our fees based on the agreed contract sum.

9.3 Fee stages

Our overall percentage-based fees are charged in stages from the beginning of the project through to completion. The payment schedule is set out with the architectural appointment proposal/quote.

9.4 Time-based fees

Our hourly rates vary, depending on the complexity and scale of the task undertaken and will be discussed and agreed in writing

10.0 EXPENSES / DISBURSEMENTS

In carrying out our work, we incur certain expenses and disbursements on our client’s behalf that are recharged to the client along with our fee accounts. These expenses vary from project to project but generally represent a very small proportion of the overall project costs.

Examples of re-chargeable expenses are items such as: travel and car parking costs, computer printing and reprographics, architectural models, postage and telecommunications.

11.0 RESPONSIBILITIES FOR THE BUILDING WORKS

In a building contract, the Architect is responsible for (and carries full professional indemnity insurance for) all matters relating to architectural design. Likewise, the structural engineer is responsible for all aspects of the structural engineering design.

The building contractor carries full public liability insurance for the building activities and is responsible for the work executed and the way this is carried out. It is the building contractor who has the responsibility to carry out building work correctly and in accordance with the design drawings and specifications.

Architects and structural engineers have a duty to oversee and inspect the work of the contractor and to check that the work is carried out correctly. The overseeing of the works is carried out during regular inspections. Whilst we do inspect the work carried out by a contractor on site, we are not responsible for their work, and we do not inspect daily.

Michael Hill Architects are not liable for drawings or schedules issued by other consultants appointed by the Client, this includes incomplete information, non-compliant drawings in relation to planning approved documents, incorrect drawings or schedules.

12.0 CONCLUSION

We encourage our clients to discuss any of the points raised in the above ‘Terms and Conditions’ and to seek clarification from us if they have any queries or concerns regarding any of our terms and conditions. We are always willing to discuss our client’s views and talk matters through, in order to reach an agreement regarding the services to be provided and the fee structures relating to those services.

Before we commence work on a project, we require client agreement to these terms and conditions.

GDP

A. PRIVACY POLICY – WEBSITE

www.michaelhillarchitects.com (“This site”) is operated by Michael Hill Architects. We are committed to protecting the privacy and security of your personal information (‘personal data’).

This policy (together with any other documents referred to in it) describes how we collect and use your personal data during your use of our site, in accordance with the General Data Protection Regulation (GDPR) and associated data protection legislation.

B. WHO IS USING YOUR PERSONAL DATA?

Michael Hill Architects is the “data controller” for the information that you provide to us when visiting this website. This means that we decide how to use it and are responsible for looking after it in accordance with the GDPR.

Access to your personal data within Michael Hill Architects will be provided to those staff who need to view it as part of their work in connection with the operation of this website. It will also be shared with the third parties described in Section H.

Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. We may update this policy at any time.

By visiting our site, you are accepting and consenting to the practices described in this policy. Whether you can rely on consent for the processing of personal data will depend on whether the circumstances are such that the consent can be freely given (i.e., there is no imbalance in power that might make the person feel they have to consent and you are not asking for consent as an unnecessary pre-condition for a service).

C. GLOSSARY

Where we refer in this policy to your ‘personal data’, we mean any recorded information that is about you and from which you can be identified. It does not include data where your identity has been removed (anonymous data).

Where we refer to the ‘processing’ of your personal data, we mean anything that we do with that information, including collection, use, storage, disclosure or retention.

D. TYPES OF DATA WE COLLECT ABOUT YOU

We will collect, store, and use the following categories of data when you use our site:

Data you give us. You may give us data about you including:

• IP address

• Name

• Email

• Address 

• Location

Data we collect about you. If you consent to our use of cookies

• If you visit our site, we will automatically collect certain technical information, for example, the type of device (and its unique device identifier) you use to access our site, the Internet protocol (IP) address used to connect your device to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system, mobile network information and platform.

• We will automatically collect information about your visit to our site including the full Uniform Resource Locators (URL), clickstream to, through and from the Website (including date and time), pages you viewed, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page.

E. WHEN WE COLLECT YOUR DATA

We will collect the vast majority of data about you when you: correspond with us by e-mail or otherwise, search for a specific page, participate in any social media functions on our site, when you report a problem with our site.

When you visit our site, we may also automatically collect technical information about your visit from your computer.

F. HOW WE USE YOUR DATA

We process your data for one or more of the following reasons:

To provide you with the services or information you have requested e.g., a Michael Hill Architects event

To send you marketing or other types of communication by email

We do this only where you have specifically indicated that you consent to receive such communications, for example, by sending us an email. You can withdraw your consent at any time by contacting us directly. In this event, we will stop any processing as soon as we can. However, this will not affect the lawfulness of any processing carried out before your withdrawal of consent and you may no longer be able to use the site in the same way you did before.

For the purposes for which you use this website e.g., what content you are interested in

For purposes arising from your use of this website, for example, to ensure that we understand who uses our site and how our site is used and to improve our site and ensure it is secure.

We will only use your data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another related reason and that reason is compatible with the original purpose. If we need to use your data for an unrelated purpose, we will seek your consent to use it for that new purpose.

Please note that we may process your data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

G. MARKETING

We would like to send you information by email about services and opportunities which may be of interest to you.

We will not provide your data to other businesses, so they can use it for marketing purposes.

H. SHARING YOUR DATA WITH THIRD PARTIES

We may share your data with third parties who provide services on our behalf. All our third-party service providers are required to take appropriate security measures to protect your data in line with our policies. We do not allow them to use your data for their own purposes. We permit them to process your data only for specified purposes and in accordance with our instructions.

We may also share your data with the following organisations Google Analytics for the following reasons: to give those visiting our website a better user experience and for finding out who and where our audience is located.

We may also share your personal data with third parties if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our site terms of use or to protect the rights, property or safety of our site, our users, and others.

Where your data is shared with third parties, we will seek to share the minimum amount necessary.

I. WHERE WE STORE OR USE YOUR DATA

We may store data collected by the website manually or electronically. The data is stored on our secure servers and in our premises within the UK.

There may be occasions when we transfer your data outside the European Economic Area (EEA), for example, when we communicate with you using a cloud-based service provider that operates outside the EEA such as MailChimp/Eventbrite etc. Such transfers will only take place if one of the following applies:

• the country receiving the data is considered by the EU to provide an adequate level of data protection;

• the organisation receiving the data is covered by an arrangement recognised by the EU as providing an adequate standard of data protection e.g., transfers to companies that are certified under the EU US Privacy Shield;

• the transfer is governed by approved contractual clauses;

• the transfer has your consent;

• the transfer is necessary for the performance of a contract with you or to take steps requested by you prior to entering into that contract; or

• the transfer is necessary for the performance of a contract with another person, which is in your interests.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of data transmitted to the website and any transmission is at your own risk.

J. THIRD PARTY WEBSITES

Our site contains links to and from various third-party websites. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

K. RETAINING YOUR DATA

We will only retain your data for as long as we need it to fulfil our purposes, including any relating to legal, accounting, or reporting requirements.

L. YOUR RIGHTS

Under certain circumstances, by law you have the right to:

• Request access to your data (commonly known as a “subject access request”). This enables you to receive a copy of your data and to check that we are lawfully processing it.

• Request correction of your data. This enables you to ask us to correct any incomplete or inaccurate information we hold about you.

• Request erasure of your data. This enables you to ask us to delete or remove your data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your data where you have exercised your right to object to processing (see below).

• Object to processing of your data where we are relying on our legitimate interests (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. [You also have the right to object where we are processing your data for direct marketing purposes.]

• Request the restriction of processing of your data. This enables you to ask us to suspend the processing of your data, for example if you want us to establish its accuracy or the reason for processing it.

• Request the transfer of your data to another party.

Depending on the circumstances and the nature of your request it may not be possible for us to do what you have asked, for example, where there is a statutory or contractual requirement for us to process your data and it would not be possible to fulfil our legal obligations if we were to stop. However, where you have consented to the processing (for example, where you have asked us to contact you for marketing purposes) you can withdraw your consent at any time by emailing us directly. In this event, we will stop the processing as soon as we can. However, this will not affect the lawfulness of any processing carried out before your withdrawal of consent and you may no longer be able to use the site in the same way as you did before.

If you want to exercise any of the rights described above or are dissatisfied with the way we have used your information, you should contact Michael Hill Architects directly. We will seek to deal with your request without undue delay, and in any event in accordance with the requirements of the GDPR. Please note that we may keep a record of your communications to help us resolve any issues which you raise.

 M. COOKIES

Our site uses cookies to distinguish you from other users of our site. This helps us to provide you with a good experience when you browse our site and also allows us to improve our site. For detailed information on the cookies, we use and the purposes for which we use them see our Cookie policy [LINK].

N. CONTACT

If you wish to raise any queries or concerns about this privacy policy, please contact email or call us.