Terms and Conditions
Definition of Terms included in our conditions, throughout our website and in other forms of communication.
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Architectural Consultant/Technician:
The person or organisation appointed by the Client to provide the services.
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Basic Fee:
The agreed fee for the services, excluding VAT and additional costs, such as expenses and disbursements.
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Building Contract:
The contract between the Client and the Contractor for the construction of the project.
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CDM Regulations 2015:
The Construction (Design and Management) Regulations 2015, which govern the management of health, safety, and welfare during construction projects.
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Client:
The person or organisation to whom the project pertains, including any appointed representative with full authority.
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Collateral Warranty:
A contract that provides contractual rights to a third party who does not have a direct relationship with the Architectural Consultant/Technician.
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Confidential Information:
Any information relating to the project, including business matters shared between the Client and Architectural Consultant/Technician, that is not in the public domain.
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Construction Cost:
The estimated or actual cost of construction, excluding VAT, professional fees, legal expenses, and dispute resolution costs.
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Contract:
The agreement between the Client and Architectural Consultant/Technician, outlining the services to be undertaken as described in the Schedule of Services.
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Contractor:
The party appointed to perform the construction work of the project.
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Final Date for Payment:
The date by which payments due must be made, as outlined in the contract.
Health and Safety File:
A file containing safety information required under CDM Regulations 2015, to ensure safe future works on the project.
Novation:
A process that transfers the Architectural Consultant/Technician's appointment from the original Client to a new Client, allowing the Architectural Consultant/Technician to work on behalf of the new Client.
Novation Agreement:
A three-way agreement between the Client, Architectural Consultant/Technician, and Contractor, transferring the contract obligations to the new Client or Contractor.
Other Client Appointments:
Other consultant or service appointments are required by the Client for the Architectural Consultant/Technician to complete the project work.
Party/Parties:
The individual or organisation in agreement within the contract: the Client and the Architectural Consultant/Technician.
Payment Notice:
A formal notice issued by the Architectural Consultant/Technician to the Client, detailing the payments the Architect/Consultant considers due.
Practical Completion:
When the project is considered to be completed, subject to the terms outlined in the Building Contract.
Principal Contractor:
The contractor appointed by the Client to oversee and manage the construction under CDM Regulations 2015.
Principal Designer:
The designer appointed by the Client to manage design-related health and safety aspects under CDM Regulations 2015.
Project:
The Client’s requirements for the project, including any changes approved by the Architectural Consultant/Technician.
Project Programme:
The initial project schedule, including revisions approved by the Client.
Services:
The professional services are to be provided by the Architectural Consultant/Technician as detailed in the contract.
Third Party Rights Schedule:
A schedule detailing the rights granted to third parties under the Contracts (Rights of Third Parties) Act 1999.
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1. General Interpretation:
This contract outlines the responsibilities and expectations between the Client and AD Design. All terms apply unless specified otherwise. Weekends and holidays are excluded from any deadlines. The contract may be modified by written agreement only. Both parties must adhere to the local laws governing the contract. If any part of this contract is found unenforceable, the rest will remain intact. All personal data will be handled with the utmost confidentiality in line with relevant data protection regulations.
2. Client’s Responsibilities:
The Client is expected to provide necessary information in a timely manner and to make decisions as needed for the project. The Client must also ensure that all required permissions, consents, and licences are obtained. If any additional services or professionals are required, the Client must make those arrangements. The Client is responsible for settling all fees as per the agreed terms.
3. AD Design’s Responsibilities:
AD Design will deliver services with due skill, care, and diligence, maintaining regular communication with the Client. AD Design will also coordinate with other professionals as necessary and manage the project to ensure timelines are met. All details about the project will be handled confidentially unless disclosure is required by law.
4. Assignment, Subcontracting, and Novation:
Neither party may assign their rights or obligations under this contract to any third party without written consent. Subcontracting is allowed but only with the Client’s approval. The Client may appoint other professionals as required, and the contract may be novated if needed.
5. Fees and Expenses:
Fees for AD Design’s services are agreed based on the scope of work. These may be a fixed sum, percentage, or based on time worked. Additional work arising from delays or changes to the original scope may incur extra charges. Reasonable expenses for materials, travel, or other costs will be reimbursed by the Client.
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6. Payment Notices:
The Architectural Consultant/Technician will issue payment notices at key contract stages. If payment is not made within 14 days of the notice, the Architectural Consultant/Technician may suspend services, charge interest, or begin debt recovery processes.
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7. Copyright & Licence:
AD Design retains ownership of all intellectual property, including drawings and designs. The client is granted a licence to use the designs solely for the current project, subject to full payment.
8. Termination & Suspension:
Either party may suspend or terminate the contract with written notice if there is a material breach, non-payment, or force majeure. Upon termination, all completed work and outstanding amounts must be settled.
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These Terms & Conditions were last updated on 03/09/2025.