However, if the sub-advisor`s obligation was not agreed upon at the time of the appointment of the Senior Advisor, the client may be invited to give consent or has the right to refuse it. Since the client does not have a direct contractual relationship with the sub-advisor, he may also require a guarantee of guarantee in their favour, which allows him, if necessary, to assert a direct right against the sub-advisor and to have entry rights into the sub-counsel agreement in the event of the bankruptcy of the senior advisor. The most immediate changes are presentation; The graphics, format and layout have been thoroughly reviewed. All new versions include a single document consisting of four main parts: contract details, agreement, contractual terms and service schedule, with no separate surcharges. A contract checklist has been added, and the instructions are now simply referenced at the front of the document. This makes all RIBA PSCs more modern, more attractive and easier to use than their predecessors. The Senior Advisor should consider these issues when appointing a sub-advisor (for example. B the verification of the sub-advisor`s professional liability insurance coverage) and when negotiating his own referral fees. The new feature of the latest RIBA PSCs is also that you can now create, design and print your digital professional service contract. RIBA Contracts Digital has been specially designed to make contract preparation simple and simple. Riba Chartered members receive a welcome 50% discount on all contracts purchased through the digital tool. For more information, see architecture.com/riba-contracts.
More importantly, for the benefit of the architect, the introduction of a new „regulatory clause“ which states that „nothing it contains as an agreement or elsewhere can be interpreted in such a way as to impose a greater obligation on the architect… In practice, higher or stricter standards are sometimes set in other documents, such as the . B of a project contract, and this should help to prevent the architect from being subjected to this higher standard (unlike the results obtained in cases such as Costain v Charles Haswell – Partners (2009) where engineers were strictly held responsible for their construction.) The senior advisor may want to ensure that he has recovered clauses in his own advisory agreement and in the sub-council agreement, so as not to be exposed. Negotiation is not always linear and the best is to develop and agree on advisory and advisory agreements simultaneously. The sub-advisory agreement should cover issues such as the transfer of copyright to the senior advisor and the date of payments, so that the senior advisor`s cash flows from his or her own payments are reasonable and can meet the requirements of the Housing Subsidies, Construction and Recovery Act, which would allow a sub-advisor to suspend the benefit in the event of non-payment. There are a number of standard sub-council agreements that comply with advisory agreements, such as the RIBA Sub-Advisor Agreement and the ACE Sub-Council Agreement. In this additional liability, there may be a professional effect on damage insurance, particularly where sub-advisory services are different from the usual benefits of the senior advisor, for example. B when an architect appoints a statistician to be a sub-advisor.