Download PDF by David Chappell: Contractual Correspondence for Architects and Project
By David Chappell
This ebook presents over a hundred and sixty version letters, with remark to be used with the entire major JCT 2005 construction contracts. It concentrates on difficulties which could come up in the course of a undertaking, and attracts at the author's vast adventure as a contracts advisor. it's a better half to the author's common Letters in Architectural perform which covers extra regimen matters.
The revised Fourth version takes account of:
* the 2005 versions of the JCT regular construction agreement, the Intermediate construction agreement and the Minor Works construction agreement, either with their contractor's layout models, ICD and MWD
* the 2004 updates of the normal kind of contract for the Appointment of an Architect
* adjustments to case legislation because the final version used to be released in 1996
It could be a useful consultant for architects, development surveyors and venture managers.
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Continued] 44 Contractual Correspondence 28 continued [Add one of the following paragraphs: (A) if you have charged full recommended fees, (B) if you have charged a nominal fee:] (A) On payment of my fees, you are entitled to make use of the design, once only, on the site to which it relates. The copyright in all the documents remains my property. (B) You are not entitled to reproduce my designs by executing the project without my permission. I am prepared to grant you permission to reproduce my design, once only, on the site to which it relates on payment of an additional fee of £ [insert amount].
The local planning authority is the most obvious, and, in order to achieve the scheme you want, you may be engaged in a considerable amount of discussion. They have their own criteria when confronted with proposals, and some of their concerns may not be yours. Generally, however, they are very helpful in trying to reach a solution. Avoid a head-on confrontation: it only leads to entrenched positions and eventual refusal. See what can be agreed so as gradually to isolate the main problems. A little patience and diplomacy coupled with a professed understanding of the authority’s problems will often succeed in reducing the objection itself to a mere detail.
If the client terminates your appointment prematurely, you may be entitled to payment of some appropriate additional copyright licence fee. Depending on the circumstances if your client has not properly determined under the terms of the appointment, it may amount to a repudiation for which D Detailed Proposals 41 27 Letter from architect to client, if no reply Dear [insert appropriate heading] We have reached an important stage in this project and I understand your wish to be certain that the scheme satisﬁes your requirements as fully as possible.
Contractual Correspondence for Architects and Project Managers by David Chappell