The following standard conditions of contract apply to all work carried out by Will Falconer and Falconer Harris unless specifically amended in writing by Will Falconer prior to the commencement of work. The client is the person, company, authority or other body who instructs Will Falconer to carry out the work. The contract is between the client and Will Falconer.
Will Falconer quotes individually for each and every project. Where that quote differs from these terms it should be regarded as the correct version.
1. Will Falconer will make every effort to meet the programme for the work, but cannot accept any responsibility for delays or consequential costs howsoever caused.
2. invoices will be due immediately and no later than 14 days from the date of the invoice. Payment is by BACS unless prior agreement is made for alternative means of payment.
After the 14 day period interest at 15% over base rate and hourly charges for chasing invoices will be added to the amount owing. We reserve the right to instruct debt collectors/bailiffs to recover owed funds after 14 days.
3. The scale of charges / hourly rate charges will be reviewed as required. Will Falconer reserves the right to amend these at an interim date should exceptional circumstances so require.
4. Work is generally carried out on a percentage or fixed fee basis including travel, phone calls, printing etc.. Where work is carried out on a time basis any additional costs will be agreed in writing prior to work being carried out.
5. Copyright to all information provided by Will Falconer, remains the property/copyright of Will Falconer. Any license of use to our drawings and information can be suspended or withdrawn as determined by Will Falconer.
6. Payment of consultants works are paid and instructed directly to the consultant by the client. Responsibility of these works and consequent timeframes is with the relevant consultant.
7. Payment of any Planning Portal or local authority fees are paid directly by the client. Responsibility of these works and consequent timeframes is with the relevant local authority.
8. Chasing of invoices beyond the 14 days payment terms will attract our hourly rates. Charges by other organisations/bailiffs/solicitors etc will be additional charges to be paid directly by the client or will be invoiced through Will Falconer at cost.
9. Digital file drawings/information is owned by Will Falconer and not the client. Files in .dwg/.dxf/.skp or other information which could be manipulated by others will only be issued at the discretion of Will Falconer and acceptance of our pi insurers and will be chargeable (typically at the remaining fee to the entire project up to construction completion.
10. Any difference or dispute will be agreed through arbitration, by a person to be nominated by the Royal Institute of British Architects.
11. Fee terms are only valid for 3 months and if work is on hold or delayed through lengthy appeals etc for more than 6 months in any one stage Will Falconer reserves the right to review fee agreements.
12. Exceptional expense charges, for example large Ordnance Survey mapping etc will be charged in addition to the set price Will Falconer charges on expenses.
13. Any work on a time basis completed outside of working hours of 8.00-6.00pm will be charged at twice the prevailing hourly rate and added to any fixed priced or otherwise chargeable work and will be notified to clients for approval prior to commencement.
14. This contract is based on the law of England and Wales. It does not confer any rights to anyone other than Will Falconer and the named client.
15. This contract is personal to the client noted on the fee proposal and all work and communications shall be for the client named only and not passed on to any other person or organisation without our consent.
16. Will Falconer has a general lien on all documents, work and communications for which my
rendered invoices remain unpaid.
17. Will Falconer has no responsibility where defects in other company’s work where Will Falconer attributes a reliance on correct information and as such other parties or the client will indemnify Will Falconer against this position.
18. Will Falconer’s work is not covered by pi insurance to include the council of mortgage lenders certificates or other similar type of certification.
19. If fees are unpaid beyond their due date then we reserve the right to suspend our services until payment is made with no financial penalty to Will Falconer of any kind. We reserve the right to be able to withdraw documents or applications for pre-planning, planning, appeals, building control,
tender or construction through any dispute or non-payment with no financial penalty to Will Falconer of any kind.
20. Should project changes necessitate interim invoicing due to delays to the project then Will Falconer will issue these as required.
21. In the unlikely event that you should wish to terminate work at any point we would cease immediately upon your written instruction and invoice for the percentage stage works and/or hourly time spent up to that point as determined by Will Falconer. Where percentage fees are based on a 10% fee this is divided into 4% planning stage, 4% building information stage and 2% supervision. Fees based on other percentages are divided as individually quoted.
22. On all projects we reserve the right to take photography of the project through ourselves and/or professional photographers and at clients request change the name and location details of their project on any publicity or marketing.
23. The above assumes that we are made aware of any restrictive covenants on client’s property. Where covenants become apparent after we have started work we reserve the right to adjust fees accordingly.
Hourly rates where charged £60.00 per hour
Mileage where charged £0.75 per mile
Will Falconer is a sole proprietor and my business is not connected with any other architects.
Architects Registration Board No.051076I
RIBA Chartered Member 5730954