How to write a good appointment agreement for a design project

Why write it down

• Clarity. Everyone knows what is expected.
• Fairness. Both sides are protected.
• Fewer disputes. If something goes wrong, there is a record of what was agreed.
• Professional rules. In many places, professional bodies expect written terms.
• Insurance and lenders may require it.

What it should include

1. Parties. Who the client and the professional are, with full names and addresses.
2. Project. What the project is, where it is, and the client's objectives and brief.
3. Services. What the professional will do, and what they will not do. Describe by stage and task. See The RIBA Plan of Work. List exclusions clearly, such as planning applications, party wall matters, detailed interior design or site inspections, if they are not included.
4. Fees and expenses. How the fee is calculated and when invoices will be sent and paid, with interest on late payment, and how expenses and disbursements are handled. See How architects set their fees.
5. Programme. Key dates, and the client's responsibility to provide information and decisions on time.
6. Client responsibilities. Providing a clear brief, access to the site, surveys, information, decisions and payment.
7. Other consultants. Who appoints and pays engineers and specialists, and who coordinates them.
8. Changes. How changes to the brief or scope will be agreed and paid for.
9. Roles and legal duties. Who takes on any statutory roles, such as principal designer. See CDM Regulations.
10. Copyright and use of designs. Who owns the copyright, and what the client may do with the designs (usually a licence to use them for the project).
11. Liability and insurance. The level of insurance, any limit on liability and the duty of care, agreed with the practice's insurer. See Professional indemnity insurance.
12. Confidentiality and data. How information is handled.
13. Dispute resolution. For example, discussion, mediation, adjudication or arbitration, and the governing law and courts.
14. Suspension and termination. How either side can end the agreement and what is owed.
15. Consumer rights. Where the client is a consumer, there may be cancellation rights and other protections.

Who the client and the professional are, with full names and addresses.

Plain language

Use clear, readable words. A contract that both sides understand is more likely to work.

Watch for

• Vague scope ("full service") without detail.
• Open-ended liability or unusual warranties, such as guaranteeing results or "fitness for purpose".
• Terms that are not covered by insurance.
• No process for changes.
• Missing payment terms.
• Unclear roles on international projects. See Working with a local architect of record.

Review

Have a lawyer check the agreement, especially for larger or unusual projects, and review it if the project changes.

In short

Write it down: who, what, how much, when, who is responsible, and what if things change. Use recognised forms and take legal advice.

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