Diagram Library

52 sourced
practice diagrams

Every diagram cites its primary source: JCT 2024, BSA 2022, CDM 2015, RIBA PSC 2020, ARB Code 2025. Download editable SVG files for your own study notes and PEDR documentation.

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Procurement Routes: Risk & Design Control MatrixTraditionalJCT SBC 2024Design & BuildJCT DB 2024ManagementJCT MC 2024NECNEC4 ECCClient controls designHighLowMediumMediumContractor design riskLowHighLowSharedPrice certaintyHighHighLowLowSpeed to siteSlowFastMediumFastSuitable for complex briefYesDifficultYesYesArchitect novatedNoTypicallyNoNoD&B: Architect commonly novated to contractor around RIBA Stage 4. Copyright stays with the architect; the licence carries across on novation (RIBA PSC 2020, Cl. 6).NEC4 uses Early Warning Register & compensation events, not traditional EoT/loss & expense provisions.Source: JCT 2024 Suite · NEC4 ECC · RIBA Plan of Work 2020 · RIBA PSC 2020P3P-D01
P3P-D01

Procurement Routes: Risk & Design Control Matrix

JCT 2024 Suite · RIBA PoW 2020

Procurement & Fees
BSA 2022: Higher-Risk Building Gateway ProcessApplies to buildings ≥18m or ≥7 storeys with ≥2 residential units. Gateway 2 is a hard stop: work cannot start until BSR approves.PRE-APPPre-applicationconsultationPlanning prepGATEWAY 1Planning applicationFire statementrequiredDESIGNTechnical designHRB registrationAppointmentsGATEWAY 2BSR approvalbefore workstarts on siteCONSTRUCTIONBuildChange controlOccurrence reportGATEWAY 3BSR completionregistration(12 wk target)Gateway 1Fire statement required atplanning. BSR is statutoryconsultee at this stage.Gateway 2: Hard StopFull tech. design to BSR.Target: 12 wks (extendable).PD: appointed, competent.Gateway 3Completion certificate fromBSR before occupation.Golden thread complete.Principal Designer duties under BSA 2022 (separate from CDM 2015 PD role):1. Plan, manage, monitor and coordinate building safety during the design phase (BSA 2022 s.34; Dutyholder Regs 2023)2. Coordinate the golden thread of information: building information kept throughout lifecycle (HRB Regs 2023)3. Ensure cooperation between designers; provide statutory declaration at Gateway 24. Must be competent: BSA 2022 PD and CDM 2015 PD are separate roles; one person can hold both only if competent for eachAfter Gateway 3: Occupation & ongoing duties:Accountable Person registered. Building Safety Case maintained. Residents engagement duty. Mandatory occurrence reporting continues post-occupation.Source: Building Safety Act 2022 · Building (Higher-Risk Buildings Procedures) Regulations 2023 · HSE Gateway guidanceP3P-D02
P3P-D02

BSA 2022: Higher-Risk Building Gateway Process

Building Safety Act 2022

Regulations & Standards
CDM 2015: Duty Holder Relationships & ObligationsApplies to all construction work. Notifiable (Reg. 6): longer than 30 working days AND 20+ workers at once, OR over 500 person-days → F10 to HSE.CLIENTCommercial or DomesticPRINCIPAL DESIGNERDesign phase coordinator(must be competent)PRINCIPAL CONTRACTORConstruction phase manager(notifiable projects)Designer 1Arch / StructuralDesigner 2MEP / SpecialistContractor AMain worksContractor BSpecialist tradeWorkersAll sitesPrincipal Designer Key Duties• Plan, manage, monitor & coordinate pre-construction phase• Assist the client in providing pre-construction information (Reg. 11)• Prepare and update the Health & Safety File• Liaise with PC where design and construction phases overlapPrincipal Contractor Key Duties• Plan, manage, monitor & coordinate construction phase• Prepare and maintain Construction Phase Plan• Ensure welfare facilities are provided (Reg. 13)• Consult workers and facilitate worker engagement on H&SSource: CDM Regulations 2015 (SI 2015/51) · HSE L153 Managing health and safety in constructionP3P-D03
P3P-D03

CDM 2015: Duty Holder Relationships & Obligations

CDM Regulations 2015 · HSE L153

CDM & H&S
JCT 2024 Suite: Contract FamilyAll forms updated 2024. Published by JCT Ltd. Used for the majority of UK building contracts.DESIGN & BUILDDB 2024Single point design + build. Contractor completes the design to reasonable skill and care (not fitness for purpose), per the Employer's Requirements.BUILDING CONTRACTSSBC 2024Standard Building Contract. Complex projects with full professional team. Three variants: With Quantities / Without Quantities / Approximate Quantities.IC 2024Intermediate Building Contract. Medium complexity, no specialist sub-contractors, detailed CA role.ICD 2024Intermediate with Contractor's Design. IC with CDP portions. Architect retains CA role.MW 2024Minor Works. Simple, lower-value work. Lump sum, architect as CA.MWD 2024Minor Works with Contractor's Design. MW with small CDP elements.MANAGEMENT FORMSMC 2024Management Contract. Fast-track complex projects. MC coordinates trade contractors. Price known late.CM 2024Construction Management. Client employs trade contractors directly. CM provides management expertise only.OTHER FORMSPCC 2024Prime Cost Contract. Unknown scope. Client pays actual cost plus fee.MTC 2024Measured Term Contract. Ongoing maintenance. Schedule of rates, multiple task orders.HO/B · HO/C · HO/CAHome Owner/Occupier contracts. HO/B direct to contractor; HO/C with a consultant; HO/CA is the consultant appointment (acts as CA).Source: JCT 2024 Suite · JCTltd.co.uk · RIBA Plan of Work 2020 procurement guidanceP3P-D04
P3P-D04

JCT 2024 Suite: Contract Family

JCT 2024 Suite

Contracts & Admin
RIBA PSC 2020: Copyright Ownership & Licence ChainCopyright is always retained by the architect (author) unless assigned in writing. The client receives a licence, not ownership.ARCHITECTCopyright owner (author)CDPA 1988, s.11 · PSC Cl. 6.1LicencePSC Cl. 6.3CLIENTLicence holderProject purposes onlyD&B novationtransfers licenceCONTRACTORInherits licence onnovation (D&B only)Licence conditions (PSC Cl. 6.3–6.8)• Licence for the project purposes only (Cl. 6.3)• Conditional on fees properly due being paid (Cl. 6.3)• Architect may suspend licence if fees outstanding (Cl. 6.7)• Client cannot reproduce drawings beyond project scope• Assignment requires architect's written consent• Moral rights (CDPA 1988 Part I Ch. IV) are separateExam focus points• Ownership vs licence: a critical distinction in orals• Suspending the licence is a remedy for unpaid fees• On D&B novation, contractor steps into client's shoes• Copyright can only be assigned in writing (s.90 CDPA)• Unpaid licence ≠ termination of copyright; architect retains copyright even if not paidStatutory basis: Copyright, Designs and Patents Act 1988s.1: copyright subsists in original artistic works (drawings & plans) · s.11: first ownership vests in the authors.16: restricted acts require licence or assignment · s.90: assignment must be in writing, signed by or on behalf of assignorSource: RIBA PSC 2020 Clauses 6.1–6.8 · Copyright, Designs and Patents Act 1988 · CIC Novation Agreement 2018P3P-D05
P3P-D05

RIBA PSC 2020: Copyright Ownership & Licence Chain

RIBA PSC 2020 · CDPA 1988

Appointments & Fees
RIBA Plan of Work 2020: Stage Overview0StrategicDefinitionBusiness caseFeasibilitySite selection1Preparation& BriefingProject briefSite surveysAppoint team2ConceptDesignConceptCost plan 1Feasibility3SpatialCoordinationCoordinateddesignCost plan 24TechnicalDesignFull technicalBR submissionSpec & NBS5Manufacturing& ConstructionConstructionCA admin roleChange control6HandoverO&M manualsCPIC snaggingPC to DLP7UseSoft landingsPIRCPD logging0–1: Brief▲ Planning (Stage 3)▲ Practical Completion (Stage 5)DLP endsTender timing by procurement route:Traditional: tender after RIBA 4 (post technical design, full information).Design & Build: ER issued end of Stage 3 (1-stage) or Stage 2 (2-stage); contractor then completes the design.Management (MC/CM): trade contractor packages let progressively through Stages 3–5.Design freeze at Stage 4: no design changes without a CA instruction post-freeze; any change is a JCT variation.Stage 5 CA role: certify interim payments, issue instructions, administer EoT and loss & expense under JCT forms.Source: RIBA Plan of Work 2020 · RIBA PSC 2020 Sch. 1 services · JCT 2024 SBC contract administrationP3P-D06
P3P-D06

RIBA Plan of Work 2020: Stage Overview

RIBA Plan of Work 2020

Project Stages & Process
JCT SBC 2024: Extension of Time ProcessRelevant Events (Cl. 2.29): Employer's instructions · Late information · Statutory Provider · Exceptionally adverse weather · Force majeure · Civil commotion1Relevant Event occursContractor identifies delay eventfrom Cl. 2.29 list (JCT SBC).e.g. late architect's info, AI,statutory provider, weather.2Contractor gives noticeWritten notice to CA'forthwith' on becoming aware.No prescribed time limit butmust be prompt (Cl. 2.27.1).3Contractor submits particularsParticulars of expected delayand estimate of extension.In the notice or as soon aspossible after (Cl. 2.27.2).4CA assesses claimCA reviews particulars.No need for contractor agreement.Grant 'fair and reasonable' EoT.May exceed contractor's estimate.5CA issues written decisionState new Completion Date.Reason must be given.Decision within 8 weeksof receiving particulars (Cl. 2.28.2).6Post-PC reviewCA may adjust EoT after PC.Can reduce or extend further.Must fix final Completion Datewithin 12 weeks of PC (Cl. 2.28.5).Important: EoT prevents LADs; it does not automatically entitle the contractor to loss & expense.Loss & expense entitlement (Cl. 4.20) is a separate claim; notify under Cl. 4.21.1 'as soon as it becomes, or shouldreasonably become, apparent'. Both claims may arise from the same event but are administered independently.Source: JCT SBC 2024 Cl. 2.27–2.29 (EoT) · Cl. 4.20–4.22 (Loss & Expense, Relevant Matters)P3P-D07
P3P-D07

JCT SBC 2024: Extension of Time Process

JCT SBC 2024 Cl. 2.27–2.29

Contracts & Admin
ARB Code: Key Changes from the 2017 CodeThe 2017 Code's twelve standards are consolidated into six in the current Code (2025). Complements D42 overview.2017 Code — 12 standards1. Be honest and act with integrity2. Be competent3. Promote your services honestly & responsibly4. Manage your business competently5. Consider the wider impact of your work6. Carry out work faithfully & conscientiously7. Be trustworthy; look after clients' money8. Have appropriate insurance arrangements9. Maintain the reputation of architects10. Deal with disputes / complaints appropriately11. Co-operate with regulatory requirements12. Have respect for others→Current Code (2025) — 6 standards1. Honesty and integrity2. Public interestrespect life, law & environment; challenge risk3. Competencemaintain skills; ongoing CPD; reflective practice4. Professional practiceskill & care; business, insurance, disputes, finance5. Communication & collaboration6. Respectopen-minded, inclusive practiceKey substantive changesConsolidation: fragmented 2017 duties (insurance, disputes, clients' money, reputation) are streamlined, mostly under Std 4 Professional practice.Public interest elevated: 2017 Std 5 "consider the wider impact" becomes its own Std 2 — respect for life, the law and the environment.Proactive risk-reporting: a duty to challenge others and report risks to people or the environment (Std 2); report shortcomings (Std 1).Competence & CPD: Std 3 requires continuous professional development and a reflective approach that learns from feedback.Source: The Architects Code 2025 (ARB) · ARB Architects Code 2017 · Architects Act 1997P3P-D08
P3P-D08

ARB Code: Key Changes from the 2017 Code

The Architects Code 2025 (ARB) · ARB Architects Code 2017

Professional Ethics
JCT SBC 2024: Payment Notice TimelineStatutory minimums set by HGCRA 1996 ss.110–111 (Construction Act). JCT cycle aligns to monthly interim certificates.1Due DateMonthly interimCl. 4.82+5 daysPayment NoticeCl. 4.9.13−5 daysPay Less NoticeCl. 4.11.54Final DatePayment dueCl. 4.11Payment Notice (Cl. 4.9.1)Issued by Architect/CA within 5 days of Due Date.Must state sum considered due and basis of calculation.If not served, contractor may issue Default PaymentNotice. Sum stated becomes payable in full.HGCRA 1996 s.110A: notice required by statute.Pay Less Notice (Cl. 4.11.5)Issued not later than 5 days before Final Date.Must state sum to be paid and basis of deduction.Required to deduct LADs, defective work, set-off.No Pay Less Notice: full notified sum is payable.HGCRA 1996 s.111: statutory basis for set-off limit.Consequence of no notice (smash and grab)If neither a Payment Notice nor Pay Less Notice is served, the contractor application sum becomes the notified sum.Employer must pay in full by Final Date. Adjudication enforces (ISG v Seevic, Grove v Balfour, S&T v Grove).Final Date for Payment: typically 14 days from Due Date (JCT default), but parties may agree longer (max set by Construction Act).Source: JCT SBC 2024 Cl. 4.8–4.11 · Housing Grants Construction and Regeneration Act 1996 ss.110–111P3P-D09
P3P-D09

JCT SBC 2024: Payment Notice Timeline

JCT SBC 2024 Cl. 4.9–4.11 · HGCRA 1996

Contracts & Admin
JCT SBC 2024 cl. 8: Termination Decision TreeTermination by Employer. Two distinct routes with different procedural requirements and timing.Contractor problem arisesDefault or insolvency eventRoute A: Specified default (Cl. 8.4)Notice procedure requiredStep 1: Notice of specified defaultCA serves on contractor. List defaults at Cl. 8.4.1.Step 2: 14 days to remedyContractor cures the default during this window.Step 3: Termination notice (21 days)If default continues, terminate within 21 days.Employment terminatedCl. 8.7 consequences applyRoute B: Insolvency (Cl. 8.5)No notice cure period requiredStep 1: Insolvency event occursAdministration, liquidation, CVA (Cl. 8.1).Step 2: Contractor duty to notifyContractor must inform Employer in writing.Step 3: Employer may terminateBy notice at any time. Cl. 8.5.1, no cure period.Employment terminatedWorks may continue with new contractorCl. 8.7 consequences: completion by others, set-off, removal of plant. Reasonableness applies (Cl. 8.2.1).Source: JCT SBC 2024 Cl. 8.4 (default) · Cl. 8.5 (insolvency) · Cl. 8.7 (consequences)P3P-D10
P3P-D10

JCT SBC 2024 cl. 8: Termination Decision Tree

JCT SBC 2024 Cl. 8.4, 8.5, 8.7

Contracts & Admin
CDM 2015: Notifiable Project Threshold FlowchartAll construction work is subject to CDM 2015 duties. Notifiable projects require an F10 form submission to HSE.Question: Does the construction phase meetEITHER threshold (Reg. 6)?Test A: DurationConstruction phase longer than 30 working daysAND more than 20 workers simultaneously at anypoint during the project.Test B: WorkloadConstruction work exceeds 500 person-days(workers x days), regardless of projectduration or worker count.EITHER test met: NOTIFIABLEClient must submit F10 to HSE before work starts.PD and PC appointed in writing where more than one contractor (Reg. 5).Neither test met: NOT notifiableCDM 2015 duties still apply in full.No F10 form needed but PD/PC required if multiple contractors.Domestic client exception (Reg. 7)Domestic client duties automatically transfer: to the contractor (single contractor) or to the Principal Contractor.If the client does not appoint a PC, the client must carry out the PC's duties (Reg. 5(4)). Notification still applies.Person-day: one worker on site for one shift. 10 workers x 50 days = 500 person-days (just on threshold).Source: CDM Regulations 2015 (SI 2015/51) Reg. 6 · Reg. 7 (domestic) · HSE F10 notificationP3P-D11
P3P-D11

CDM 2015: Notifiable Project Threshold Flowchart

CDM Regulations 2015 Reg. 6 & 7

CDM & H&S
BSA 2022: Accountable Person Hierarchy (HRBs)In-occupation regime for higher-risk buildings. Distinct from Gateway approvals (covered in P3P-D02).Higher-Risk Building (HRB)At least 18m tall OR 7 or more storeys, with 2 or more residential units (s.65 BSA 2022).Hospitals and care homes during design and construction phases only.Accountable Person (s.72 BSA 2022)Person who holds a legal estate in possession of part of the common parts.Typically the freeholder, or a Right to Manage (RTM) company, or a long leaseholder.Principal Accountable Person (s.73 BSA 2022)Where there are multiple APs, one is designated PAP for the whole building.PAP is the AP responsible for the structure and exterior of the building.Register buildingApply to BSR for thebuilding to be enteredon the register.s.78 BSA 2022Safety Case ReportAssess fire andstructural risks.Submit on BSR demand.s.85 BSA 2022Resident EngagementPrepare strategy forresident participationon safety matters.s.91 BSA 2022Occurrence ReportingMandatory reports ofstructural failure orspread-of-fire events.s.87 BSA 2022Building Safety Manager role removed by Levelling-Up Act 2023. Duties retained by the AP and PAP directly.Source: Building Safety Act 2022 ss.65, 72–73, 78, 83–91 · Higher-Risk Buildings (Key Building Information) Regs 2023P3P-D12
P3P-D12

BSA 2022: Accountable Person Hierarchy (HRBs)

Building Safety Act 2022 ss.65–91

Regulations & Standards
RIBA Plan of Work 2020: Stage Gate TriggersEach gate must be passed before the next stage begins. Triggers are the deliverable that confirms readiness to progress.0StrategicDefinitionGATEClient businesscase approved1Preparation& BriefingGATEProject Briefsigned off2ConceptDesignGATEConcept sign-offStage Report3SpatialCoordinationGATEPlanning submittedStage Report4TechnicalDesignGATEDesign freezeTender pack5Manufacturing& ConstructionGATEContractexecuted6HandoverGATEPracticalCompletion7UseGATEDefectsrectifiedCritical gates for the architectStage 2 to 3: client signs concept; Cost Plan issued.Stage 3 to 4: planning application submitted; design coordinated.Stage 4 to 5: design freeze; full tender pack issued.Gate failure consequencesNo design freeze: variations become JCT changes during build.No client sign-off: scope creep, fee overrun, design drift.Document gates in fee proposal (RIBA PSC Sch. 1).Stage Reports (Stages 2, 3 and 4) are the formal record at each gate, sent to the client for approval before next stage.Procurement choice affects gate timing: D&B issues ER at Stage 2 (2-stage) or Stage 3 (1-stage); Traditional tenders at Stage 4.Source: RIBA Plan of Work 2020 (Overview & Stage Outcomes) · RIBA PSC 2020 Schedule 1 servicesP3P-D13
P3P-D13

RIBA Plan of Work 2020: Stage Gate Triggers

RIBA Plan of Work 2020

Project Stages & Process
D&B Novation: Pre and Post Transfer LiabilityTypical Stage 3 timing. CIC Novation Agreement transfers the architect appointment from Client to Contractor.PRE-NOVATION (Stages 0 to 3)Architect appointed direct to Client under RIBA PSC.CLIENTEmployerARCHITECTRIBA PSCAppointsOwes duty of careDesign developed for the Client.Copyright vests in the Architect.Fees invoiced to the Client.Errors actionable by the Client.POST-NOVATION (Stages 4 to 6)Architect now appointed to Contractor. Client steps out.CONTRACTORD&B EmployerARCHITECTNovatedNow appointsDuty to ContractorDesign delivered to the Contractor.Licence transfers on novation.Fees now invoiced to Contractor.Client now uses Collateral Warranty.Key risk: ab initio effect (CIC Novation Agreement 2018, Cl. 3)The Contractor takes the appointment as if it had been the original Client from day one.Contractor inherits the right to sue for pre-novation defects, but ALSO assumes existing Client knowledge.Client loses direct cause of action against Architect: must rely on Collateral Warranty (CWa) executed at novation.Switch model alternative: Contractor takes appointment fresh; Client retains action for pre-novation services.Novation point: typically end of Stage 3 (Spatial Coordination) when tender pack issued to D&B contractor.Source: CIC Novation Agreement 2018 · JCT DB 2024 · RIBA PSC 2020 · Blyth & Blyth v Carillion guidanceP3P-D14
P3P-D14

D&B Novation: Pre and Post Transfer Liability

CIC Novation 2018 · RIBA PSC 2020

Procurement & Fees
Planning Appeals: Routes and Timing (TCPA 1990 s.78)Right of appeal where LPA refuses, conditionally grants, or fails to determine within statutory period.Planning decision received6 months to lodge appeal with PINS (12 weeks for householder)Written RepresentationsDefault route. Most common.Use: simple cases, low impactFormat: paper exchanges onlyTiming: 16 to 20 weeks typicalCost: lowestDecision by InspectorTCP (Appeals)(Written Reps) Regs 2009HearingMid-complexity cases.Use: technical or local issuesFormat: round-table discussionTiming: 24 to 30 weeks typicalCost: moderateNo formal cross-examinationTCP (Hearings Procedure) Rules 2000Public InquiryLargest, most complex.Use: major schemes, principleFormat: legal advocacy, evidenceTiming: 9 to 12 months typicalCost: high. Witnesses, counsel.Cross-examination on oathTCP (Inquiries Procedure) Rules 2000Costs awardsEither party may apply for costs if other behavedunreasonably (NPPG: Appeals, Costs).Common at Inquiry; rare at Written Reps.Award is for cost incurred, not full indemnity.Judicial Review (alternative)Challenge of legal process, not merits.Strict 6-week deadline for planning JRs.Heard by Planning Court (High Court).Grounds: illegality, irrationality, procedural.Mode of appeal selected by Planning Inspectorate (PINS). Applicant states preference but PINS decides.Source: TCPA 1990 s.78 · Planning Act 2008 · Planning Appeals (Determination by Inspectors) Rules 2000P3P-D15
P3P-D15

Planning Appeals: Routes and Timing (TCPA 1990 s.78)

TCPA 1990 s.78 · PINS Procedural Guide

Planning & Law
ARB Fitness to Practise: Complaint to SanctionStatutory disciplinary procedure under Architects Act 1997 Part III. Public protection function.1Complaint receivedAnyone may complain in writing.Registrar opens file (Architects Act 1997, s.14).Architect notified, given chance to respond.2Investigations Panel (IP)Preliminary review of evidence.Decides: no case OR refer to PCC.Most complaints stop here.3Professional Conduct CommitteePublic hearing under PCC Rules.Legal panel: chair + members.Tests of unacceptable professional conduct.4Sanctions (if upheld)Reprimand · Penalty up to 2,500 GBPSuspension up to 2 yearsErasure from Register5Right of appealAppeal to High Court within 3 months.Architects Act 1997, s.22.Decisions published on ARB website.Test for unacceptable professional conduct: serious falling short of competence and conduct expected of an architect (s.14).Source: Architects Act 1997 ss.14–22 · ARB Professional Conduct Committee Rules · ARB Code of Conduct 2025P3P-D16
P3P-D16

ARB Fitness to Practise: Complaint to Sanction

Architects Act 1997 ss.14–22

Professional Ethics
Limitation Periods: Patent, Latent, and Statutory LongstopLimitation Act 1980, Latent Damage Act 1986 and Building Safety Act 2022 set when claims must be issued.06 yr12 yr15 yr30 yrSimple contractLimitation Act 1980 s.5Breach: 6 yearsDeed / specialtyLimitation Act 1980 s.8Breach: 12 yearsTort (negligence)LA 1980 s.2; LDA 1986 s.14A6 years from damageLatent damage longstopLDA 1986 s.14B15 years from negligent actDwellings: DPA retrospectiveBSA 2022 s.135; DPA 1972 s.1 amended30 yr (works pre-28/6/22)Trigger pointsContract: clock runs from date of breach.Tort: from date damage is suffered.Latent: from date of knowledge under LDA s.14A.BSA 2022 special regimeDefective Premises Act 1972 amended by BSA 2022.30 years retrospective for claims pre-28 June 2022.15 years for new claims (DPA 1972, s.1 as amended).Source: Limitation Act 1980 ss.2, 5, 8 · Latent Damage Act 1986 ss.14A, 14B · Building Safety Act 2022 s.135P3P-D17
P3P-D17

Limitation Periods: Patent, Latent, and Statutory Longstop

Limitation Act 1980 · LDA 1986 · BSA 2022

Law
PI Insurance: Primary, Excess, Run-off CoverThe ARB Architects Code requires adequate and appropriate PI cover. Layered structure spreads risk and cost. (Limits below are illustrative.)Top-up layer (10m GBP)Sits above Excess. Triggered only on largest claims.Premium: lowestCoverage: rare eventsExcess layer (5m GBP above primary)Steps in once Primary limit exhausted.Premium: moderateCoverage: serious claimsPrimary layer (1m GBP each and every claim)First port of call. Pays defence costs and damages.Premium: highestCoverage: most frequentRun-off coverRequired after practice ceases.Maintains cover for past acts andomissions on a claims-made basis.Minimum duration:6 years for simple contract works12 years for projects under deedARB Architects Code requiresadequate run-off on cessation.Aggregate vs each-and-every claimEach and every: limit applies per individual claim.Aggregate: shared cap across all claims in the year.RIBA recommends each-and-every for new projects.Cladding and fire risks often have aggregated sub-limits.Notification dutyNotify insurer of anycircumstance that maygive rise to a claim.Late notification voids cover.Source: ARB Architects Code (PII duty) · RIBA Guidance on PII · Defective Premises Act 1972 · Insurance Act 2015P3P-D18
P3P-D18

PI Insurance: Primary, Excess, Run-off Cover

ARB Code 2025 Standard 7 · RIBA PII guidance

Practice Management
Dispute Resolution: Adjudication vs Arbitration vs LitigationConstruction disputes follow tiered routes. Adjudication is the statutory default for cash-flow protection.AdjudicationTemporary binding (Macob v Morrison)ArbitrationFinal and binding awardLitigationCourt judgment, public recordGoverning frameworkHGCRA 1996 s.108Arbitration Act 1996Civil Procedure Rules 1998Typical duration28 days (extendable to 42)6 to 18 months typical12 to 18 months (TCC)Cost bandLow to moderate costModerate to high costHighest costFinalityBinding until final resolutionFinal and bindingFinal, subject to appealApplicable contractsMost (not residential occupiers)Only if arbitration clause agreedDefault route, no clause neededKey principle: adjudication is temporary binding (Macob v Morrison Construction 1999)An adjudicator decision is enforced pending final resolution by arbitration or litigation. Pay now, argue later.Statutory right under HGCRA 1996 s.108 cannot be excluded. Scheme for Construction Contracts applies by default.Source: HGCRA 1996 s.108 · Arbitration Act 1996 · CPR Part 60 (TCC) · Macob v Morrison Construction 1999P3P-D19
P3P-D19

Dispute Resolution: Adjudication vs Arbitration vs Litigation

HGCRA 1996 s.108 · Arbitration Act 1996 · CPR Part 60

Law
JCT SBC 2024: Extension of Time Relevant Events Matrix16 Relevant Events at cl 2.29.1 to 2.29.16. Some are also Relevant Matters giving loss & expense (cl 4.22). (cl 2.28 is the EoT procedure.)ClauseRelevant EventL&E clauseRisk bearer2.29.1Variations and matters treated as a VariationYes · 4.22.1Employer cost2.29.2A/CA instructions (discrepancies, provisional sums, opening-up, Named Specialist objection)Yes · 4.22.2Employer cost2.29.3Deferment of giving possession of the site (cl 2.5)Yes · 4.20.1Employer cost2.29.4Antiquities, asbestos, contaminated material, unexploded ordnanceYes · 4.22.3Employer cost2.29.5Approximate Quantity not a reasonably accurate forecastYes · 4.22.4Employer cost2.29.6Suspension by the Contractor for non-payment (cl 4.13)Yes · 4.13Employer cost2.29.7Impediment, prevention or default by Employer / CA / QSYes · 4.22.5Employer cost2.29.8Epidemic affecting availability of labour, goods or servicesYes · 4.22.6Employer cost2.29.9New statute, statutory power or Govt guidance after Base DateYes · 4.22.7Employer cost2.29.10Statutory Provider's work (or failure to carry it out)NoNeutral (time only)2.29.11Exceptionally adverse weather conditionsNoNeutral (time only)2.29.12Loss or damage occasioned by a Specified PerilNoNeutral (time only)2.29.13Civil commotion or the use or threat of terrorismNoNeutral (time only)2.29.14Strike, lock-out or local combination of tradesNoNeutral (time only)2.29.15A Named Specialist becoming InsolventYes · 4.22.2Employer cost2.29.16Force majeureNoNeutral (time only)Also Relevant Matters (loss & expense, cl 4.22)Variations, instructions, antiquities, approx. quantities,impediment, epidemic, statutory changes — Employer-risk.Neutral events — time relief onlyStatutory Provider, weather, Specified Perils, civilcommotion/terrorism, strikes, force majeure.Deferment (2.29.3) and Contractor suspension (2.29.6) are not cl 4.22 Relevant Matters but recover cost via cl 4.20.1 and cl 4.13/4.14 respectively.Source: JCT SBC 2024 cl 2.29.1 to 2.29.16 · cl 4.22 Relevant Matters · cl 2.28 (fixing Completion Date)P3P-D20
P3P-D20

JCT SBC 2024: Extension of Time Relevant Events Matrix

JCT SBC 2024 cl 2.29.1 to 2.29.16 · cl 4.22

Contracts & Admin
Net Contribution Clause: Liability Split ComparisonScenario: 1,000,000 GBP loss. Architect 20 percent at fault, contractor 80 percent. Contractor insolvent.WITHOUT net contribution clauseJoint and several liability (default common law)WITH net contribution clauseEach party pays only its proportionate shareArchitect pays:1,000,000 GBP (full loss)Architect pays:200,000Architect not liable for the restThen chases contractor underCivil Liability (Contribution) Act 1978.If contractor insolvent: architect bearsthe loss alone.Client bears the rest:800,000 GBP unrecoverable frominsolvent contractor. Risk shiftsfrom architect to client.Enforceability and exam pointsRIBA PSC 2020 cl 7.3 includes a net contribution clause. UCTA 1977 reasonableness test applies to business clients; Consumer Rights Act 2015 to consumers.Upheld in Langstane Housing v Riverside Construction (2009): reasonable between commercial parties of equal bargaining power.PI insurers strongly prefer net contribution clauses: they cap exposure and avoid the architect paying for others insolvency.Without a clause, the architect is the deepest pocket and pays the full loss. Then has to chase others (often insolvent).Source: RIBA PSC 2020 cl 7.3 · UCTA 1977 s.11 · Civil Liability (Contribution) Act 1978 · Langstane v Riverside 2009P3P-D21
P3P-D21

Net Contribution Clause: Liability Split Comparison

RIBA PSC 2020 cl 7.3 · UCTA 1977 · Langstane 2009

Appointments & Fees
RIBA PSC 2020: Schedule of Services Mapped to Plan of WorkSchedule 1 services aligned to RIBA Plan of Work 2020 stages. Novation point typically around the Stage 4 boundary.01234567Plan of Work stageLead DesignerArchitectPrincipal Designer (CDM)Principal Designer (BSA)BIM Information ManagerContract AdministratorCost ConsultantStructural EngineerMEP EngineerD and B novationTwo Principal Designer roles (separate)CDM 2015 PD: design phase health and safety.BSA 2022 PD: HRBs, building safety, golden thread.Confirm services in writingARB Architects Code: agree terms of engagementin writing before services start. PSC Sch 1 used.Source: RIBA PSC 2020 Schedule 1 · RIBA Plan of Work 2020 · CDM 2015 Reg 5 · BSA 2022 s.34P3P-D22
P3P-D22

RIBA PSC 2020: Schedule of Services Mapped to Plan of Work

RIBA PSC 2020 Schedule 1 · Plan of Work 2020

Appointments & Fees
BSA 2022: Higher-Risk Building Definition TestsDecision tree to determine HRB status. HRBs are subject to Gateway regime and ongoing BSR oversight.Test 1: Height thresholdBuilding is at least 18m OR has 7 or more storeys?NoNot an HRBStandard Building RegulationsYesTest 2: UseContains 2 or more residential units?YesNoHospital or care home?If yes: HRB during design andconstruction only (not occupation).HRB Regulations 2023 reg 7.HRB: full regime appliesGateways 1, 2 and 3 with BSR.Accountable Person duties.Golden thread of information.Statutory basisBuilding Safety Act 2022 s.65 defines HRBs in occupation. HRB Regulations 2023 (SI 2023/275) extend the test.Height is measured from lowest external ground level to top of top floor (not roof). A mezzanine counts as a storey if its area is ≥ half the largest storey (s.118).Source: BSA 2022 s.65 · HRB (Descriptions and Supplementary Provisions) Regulations 2023 · HSE BSR guidanceP3P-D23
P3P-D23

BSA 2022: Higher-Risk Building Definition Tests

BSA 2022 s.65 · HRB Regulations 2023

Regulations & Standards
Copyright Ownership: Novation Chain in D and BCopyright stays with the Architect (CDPA 1988). Only the licence transfers via novation. The CIC novation does not assign copyright.ARCHITECT retains copyrightCDPA 1988 s.11 · RIBA PSC 2020 cl 6.1Licence flow:CLIENT (pre-novation)Licence to use designfor the project (cl 6.3)CIC NovationAgreement 2018CONTRACTOR (post)Takes licence by novationSteps into client positionSub-licence(if permitted)PURCHASER or TENANTUse of completed buildingvia collateral warrantyLicence conditions (RIBA PSC 2020 cl 6)cl 6.1: Architect retains copyright in all designs.cl 6.3: Licence to client for the project purposes.cl 6.7: Licence suspended if fees outstanding.Use beyond the project requires written consent.Assignment of copyright: only in writing (s.90 CDPA).Common exam trapsNovation transfers licence, NOT copyright ownership.Unpaid fees: Architect may suspend licence (cl 6.7).Building may proceed; further drawings cannot.Post-PC: client may use as-built, not extend or rebuild.Moral rights (CDPA Pt I Ch IV): waivable only in writing (s.87).Source: CDPA 1988 ss.11, 16, 90 · RIBA PSC 2020 cl 6 · CIC Novation Agreement 2018 · Robin Ray v Classic FM 1998P3P-D24
P3P-D24

Copyright Ownership: Novation Chain in D and B

CDPA 1988 · RIBA PSC 2020 cl 6 · CIC Novation 2018

Contracts & Admin
Pre-application Planning Consultation FlowchartNot mandatory but NPPF 2024 para 41 strongly encourages. Reduces risk at formal submission and shortens determination.1Initial enquiry to LPAInformal scoping. Officer name, area, fees scale.2PPA (optional)Planning Performance Agreement. Larger schemes. Bespoke timetable.3Formal pre-app submissionDrawings, statement, fee. LPA pre-app service paid.4LPA consults internallyHighways, conservation, ecology, urban design, etc.5Statutory consulteesEA, HE, NE, HSE for HRBs. Non-binding at pre-app.6LPA response (5 to 12 weeks)Written advice on policy, principle, key issues.7Issues addressedDesign revised. Re-engagement if needed.8Formal planning applicationValidated by LPA. Statutory 8 to 13 week clock.Status of pre-app adviceOfficer advice is non-binding. Members may take a different view at committee. Material change in policy can reset position.Source: NPPF 2024 para 41 · TCPA 1990 · LPA pre-app services · PINS Procedural Guide on engagementP3P-D25
P3P-D25

Pre-application Planning Consultation Flowchart

NPPF 2024 para 39 · TCPA 1990 · LPA pre-app services

Planning & Law
QMS Certification Hierarchy: ISO 9001 in PracticePDCA cycle underpins ISO 9001. Independent certification gives external assurance. Annual surveillance maintains it.PLANSet objectives, processes, risksDOImplement processesCHECKMonitor, measure, auditACTImprove, corrective actionUKASNational accreditation bodyCertification BodyBSI, LRQA, NQA, SGS, etc.Certified practiceHolds ISO 9001 certificateCertification cycleStage 1 audit: documentation review.Stage 2 audit: on-site assessment.~3-year cycle. Surveillance audits (frequency set by certifier). Recertification ~year 3.RIBA Chartered Practice (parallel scheme)Separate quality framework run by RIBA.Requires QMS, CPD, EDI, employment policies.Many practices hold both for procurement reasons.Why ISO 9001 matters for architectsPublic sector procurement frameworks often require it (e.g. Crown Commercial Service, NHS frameworks).Reduces PI premium loadings. Evidences risk-managed practice. Auditable trail supports defect claims defence.Source: ISO 9001:2015 · UKAS accreditation framework · RIBA Chartered Practice Manual · ARB Architects CodeP3P-D26
P3P-D26

QMS Certification Hierarchy: ISO 9001 in Practice

ISO 9001:2015 · UKAS · RIBA Chartered Practice Manual

Practice Management
JCT DB: Design Freeze and Information Release SequenceContractor completes the design to reasonable skill and care (cl 2.17.1); not responsible for the adequacy of the Employer's Requirements (cl 2.11).S2Employer RequirementsER issued. Sets brief,performance specs,mandatory standards.S3Contractor ProposalsCP returned bytenderer. Pre-tenderdesign freeze pointfor ER.S4Tender awardSuccessful tenderselected. Letter ofintent or direct tocontract.S5Contract executionJCT DB signed.Novation completed.Design liabilitytransfers.S6Post-contract designDesign developmentcontinues. DesignSubmission Procedurein Schedule 1.NovationDesign Submission Procedure (Schedule 1)Contractor submits design documents to the Employer's Agent.Marked A (proceed), B (with comments), C (revise).14-day review window unless otherwise agreed.No reply: contractor may proceed at own risk.Comments do not relieve contractor of design liability.Design liability (cl 2.17)Contractor warrants same standard as professionalconsultant: reasonable skill, care and diligence.Under no circumstances fit for purpose (cl 2.17.1.2).PI insurance often excludes fitness for purpose.Reasonable skill and care is the safer drafting.Why ER quality mattersIf ER are detailed, contractor freedom is constrained and risk of design gap closes. Loose ER invite value engineering.CP may displace inconsistent ER unless precedence is stipulated. Drafting precedence clauses prevents disputes.Source: JCT DB 2024 cl 2.11, 2.17 · Schedule 1 (Design Submission) · CIC Novation 2018 · Co-operative v Henry Boot 2002P3P-D27
P3P-D27

JCT DB: Design Freeze and Information Release Sequence

JCT DB 2024 cl 2.7 to 2.17 · RIBA PSC 2020

Procurement & Fees
Defects Liability Period: PC to Final CertificateJCT SBC 2024 sequence. Rectification Period is 6 months default (cl 2.38). May be extended by agreement.Practical Completioncl 2.30End of DLPcl 2.38Cert. Making Goodcl 2.39Final Certificatecl 4.26Rectification Period (6 months default)Making goodFinal accountEffects of Practical CompletionBeneficial occupation passes to Employer.Half retention released (typically 1.5 percent).Insurance risk shifts to Employer.Liability for LADs ceases.Limitation clock starts for breach claims.12-year clock if contract executed as deed.Final Certificate effect (cl 4.26)Conclusive evidence of final sums due.Conclusive on quality where CA approval required.28-day challenge window for proceedings.Contractor discharged for patent defects.Latent defects: separate tort and statute claims.See Crown Estate v Mowlem (1994) on conclusiveness.CA role during DLPIssue schedule of defects no later than 14 days after end of Rectification Period. Then Certificate of Making Good when defects made good.Source: JCT SBC 2024 cl 2.30, 2.38, 2.39, 4.26 · Crown Estate Commissioners v Mowlem 1994P3P-D28
P3P-D28

Defects Liability Period: PC to Final Certificate

JCT SBC 2024 cl 2.27, 2.38, 2.39, 4.26

Contracts & Admin
CDM 2015: F10 Notification SequenceNotifiable projects under CDM Reg 6. The HSE F10 form is submitted online before construction phase work starts.1Test Reg 6 thresholdTrigger: more than 30 days with20+ workers on site at any time,OR more than 500 person-days.Domestic projects: see Reg 7.2Identify duty to notifyCommercial client notifies HSE.Domestic client duty passes tothe Principal Contractor (Reg 7).Notify before construction starts.3Prepare F10 detailsProject address and description.Planned start and end dates.Client, PD and PC details.Estimated workers and contractors.4Submit via HSE portalOnline F10 form on HSE website.Free submission. Print receipt.Display copy on site notice board(visible to operatives).5Update on changesRe-submit if duty holder changes,or dates shift materially.Keep on site until handover.Retain a copy in H and S File.Notification is administrative: it does NOT replace any duty holder responsibilities.Failure to notify does not stop CDM duties applying. The pre-construction information must still be prepared.For domestic clients the duty passes to the contractor / PC, or to the PD by written agreement (Reg 7(1)).Source: CDM 2015 Reg 6 and 7 · HSE F10 online form · HSE L153 guidanceP3P-D29
P3P-D29

CDM 2015: F10 Notification Sequence

CDM 2015 Reg 6 and 7 · HSE F10 online form

CDM & H&S
BSA 2022 Gateway 2: Submission ChecklistInformation required by the Building Safety Regulator before construction can start on a Higher-Risk Building.1Full plans applicationDetailed plans showing all storeys, sections, elevations and key dimensions. Reg 13(1).2Structural designStamped structural drawings and calculations. Stability strategy. Foundations and ground info.3Fire safety strategyFire safety design summary aligned with Approved Document B. Evacuation, compartmentation, suppression.4Competence declarationClient declaration confirming the Principal Designer and Principal Contractor are competent for their roles.5MEP and services infoMechanical, electrical and public-health design summary. Smoke control. Risers and shafts coordinated.6Accessibility statementApproved Document M compliance plan. M4(1), M4(2) or M4(3) dwellings as required by planning.7Golden thread foundationInformation management plan: who holds what, version control, format, handover at Gateway 3.8Change control protocolProcedure for notifying BSR of major changes (HRB Regs reg 18–19). Distinguishes notifiable from non-notifiable.BSR decision target: 12 weeks for new HRB Gateway 2 applications (Reg 14).Incomplete submissions are rejected at validation. The clock only starts when the submission is accepted as valid.A staged submission may be agreed for very large projects. Work cannot begin on any package until BSR approves it.Gateway 2 approval is a hard stop: starting work without it is a criminal offence under s.35 of the Building Act 1984 (as amended by the BSA 2022).Source: HRB (Procedures) Regs 2023 reg 13 and 14 · Building Act 1984 s.35 (am. BSA 2022) · BSR guidance 2024P3P-D30
P3P-D30

BSA 2022 Gateway 2: Submission Checklist

HRB Procedures Regs 2023 reg 13 · BSR guidance

Regulations & Standards
JCT Contract Family Tree (2024 Suite)All forms revised 2024. Choice depends on procurement route, complexity, and value of the project.JCT 2024 SuitePublished by JCT LtdBuilding ContractsDesign and BuildManagement FormsOther FormsSBC 2024Complex, full teamIC 2024Medium complexityICD 2024IC with CDPMW 2024Small lump-sum workMWD 2024MW with CDPDB 2024Single point designMC 2024Fast-track, MC roleCM 2024Client lets tradesPCC 2024Unknown scopeMTC 2024Maintenance termHO/B · HO/CHomeowner/occupierChoosing the right formSBC for traditional, fully designed larger or more complex works. IC for medium projects without specialist sub-contractors.DB for single-point design responsibility. MC and CM are management procurement (price known late, programme led).MW or MWD for low-value simple works. HO/B contracts for domestic clients dealing directly with contractors.Source: JCT 2024 Suite · JCTltd.co.uk · RIBA Plan of Work 2020 procurement guidanceP3P-D31
P3P-D31

JCT Contract Family Tree (2024 Suite)

JCT 2024 Suite · JCTltd.co.uk

Contracts & Admin
Construction Phase Health and Safety Plan StructureRequired for every CDM project (Reg 12; single-contractor projects under Reg 15(5)). Format follows HSE L153 Appendix 3.1. Project informationDescription, address, key dates, duty holders, programme.2. Management arrangementsRoles, responsibilities, coordination meetings, reporting lines.3. Risk control measuresSignificant risks register.Specific control plans for each risk.4. Site rulesPPE, induction, access, smoking, alcohol, mobile equipment, exclusion zones.5. Training and consultationWorker induction, toolbox talks, refresher cycles, consultation log.6. Site monitoringInspection schedule, audits, escalation route, non-conformance log.7. Emergency proceduresFire, first aid, rescue, spill, evacuation.Drill schedule and assembly points.CPP duties (Reg 12)PC draws up the plan before construction starts. Plan is reviewed and updated throughout the project as risks change.PD provides relevant pre-construction information so the PC can produce a proportionate, project-specific CPP.Source: CDM 2015 Reg 12 · HSE L153 Appendix 3 · HSE INDG411P3P-D32
P3P-D32

Construction Phase Health and Safety Plan Structure

CDM 2015 Reg 12 · HSE L153 Appendix 3

CDM & H&S
Party Wall etc. Act 1996: Award ProcessStatutory framework for works to party structures, line of junction, and excavations within 3 or 6 metres of a neighbour.Works plannedBuilding owner plansnotifiable works unders.1, s.2 or s.6 ofthe 1996 Act.Serve noticeNotice served onadjoining owners.2 months (s.2) or1 month (s.6).14-day replyAdjoining owner mustreply within 14 days.Silence is treatedas dissent (s.5).Consent or dissentConsent: works proceed.Dissent or no reply:a dispute is deemedto exist (s.10.1).Surveyor appointedEach owner appointsa surveyor, or bothagree on one AgreedSurveyor (s.10.1.b).Award issued (s.10.10)Sets out the works, time, manner of execution.Allocates costs (usually paid by building owner).May require schedule of condition photos before works.Awards bind both owners and their successors in title.Third Surveyor decides if appointed surveyors disagree.14-day right of appeal (s.10.17)Either owner may appeal the award to the County Court.Court may rescind, modify or affirm the award.If no appeal, award is conclusive (s.10.16).Trespass and statutory injunctions if works without award.See Roadrunner Properties v Dean [2003] on injunctive remedies.Architect roleArchitects are not party wall surveyors by default. Advise the client to instruct a specialist party wall surveyor early.Programme: the award process typically takes 2 to 3 months. Build in time before site start.Source: Party Wall etc. Act 1996 ss.1, 2, 3, 5, 6, 10 · RICS Party Wall Guidance Note 7th ed 2023P3P-D33
P3P-D33

Party Wall etc. Act 1996: Award Process

Party Wall etc. Act 1996 ss.1-10 · RICS PW GN 2023

Law
Latent Defects Insurance: Cover Structure and TriggersBPS (Building Performance Standard) policy. First-party cover for the building owner. Distinct from architect PII.Design0Construction1-3yPractical CompletionPCYears 1-101-10yYear 10-1210-12yPII (claims-made): negligent designBPS (occurrence): inherent and structural defectsDPA 1972 s.1 (dwellings) · BSA 2022 s.135: 15 yr prospective / 30 yr retrospectivePII vs BPSPII is claims-made: must be in force when claim notified.BPS is occurrence: cover triggered by event date, not notice.PII requires proof of negligence (fault-based).BPS is no-fault: claim on the defect alone.PII supports run-off cover after practice closure.BPS attaches to the building, not to the designer.Typical BPS cover triggers1. Structural failure of load-bearing elements.2. Waterproofing failure of roof, basement, podium.3. Drainage and foul-water system defects.4. Inherent defects: design, materials or workmanship.5. Mechanical and electrical service failure (optional add-on).Excluded: wear and tear, maintenance, owner alterations.Source: DPA 1972 s.1 · BSA 2022 s.135 · ABI BPS guidance · Limitation Act 1980P3P-D34
P3P-D34

Latent Defects Insurance: Cover Structure and Triggers

DPA 1972 s.1 · BSA 2022 s.135 · ABI BPS guidance

Law
RIBA CPD Cycle: 35 Hours Annual PlanRIBA Chartered Members: 35 CPD hours/year — at least half (17.5h) structured, and at least 20h across the core curriculum topics.35 hrsper year20 hrsformal15 hrsinformalCore curriculum topics (10 total; selection shown)Architecture for social purposeHealth, safety and wellbeing (including fire safety)Business, clients and servicesLegal, regulatory and statutory complianceProcurement and contractsSustainable architecture (climate literacy)ARB CPD scheme (mandatory since 2024)All registered architects must complete an ARB CPD plan.Topics: ethics, fire and life safety, sustainability.Annual declaration at renewal. Records retained 5 years.Failure to comply is a breach of the competence Standard.Source: RIBA CPD Goals 2024 · ARB CPD scheme 2024 · Architects Act 1997 s.9 (am. BSA 2022 s.157)P3P-D35
P3P-D35

RIBA CPD Cycle: 35 Hours Annual Plan

RIBA CPD Goals 2024 · ARB CPD scheme 2024

Practice Management
RIBA PSC Appointment Termination Decision TreeRIBA Professional Services Contract 2020 Clause 9 (Suspension or Termination). Three principal grounds for ending an appointment.Termination eventDefault (cl 9.4)Insolvency (cl 9.7)Client notice (cl 9.1)TriggerMaterial breach of contract.Non-payment of invoices.ProcessServe default notice.7 days to remedy.If unremedied: 7 days' notice.Architect can alsosuspend before terminating.TriggerBankruptcy or liquidation.Administration order.ProcessAutomatic termination.No notice required.Effective on insolvency.Notify PI insurerimmediately for run-off.TriggerNo fault, no breach.Either party can use.ProcessServe written notice.7 days' notice (minimum).Client termination on notice.Most common inchange-of-mind scenarios.On termination (any ground): the architect must1. Invoice fee for services performed up to the termination date (cl 5.21). No fee for unperformed work.2. Copyright licence may be suspended if fees unpaid (cl 6.7). Otherwise licence continues for the agreed purpose.3. Notify PII insurer. Run-off cover required if practice ceases. Maintain records for limitation period.4. Hand over project information to the client. Outstanding obligations and warranties survive termination.Source: RIBA PSC 2020 cl 9.1, 9.4, 9.7 · cl 5.21, 6.7 · ARB Architects CodeP3P-D36
P3P-D36

RIBA PSC Appointment Termination Decision Tree

RIBA PSC 2020 cl 8.4, 8.5, 8.7

Appointments & Fees
Named Specialist vs Provisional Sum: JCT MechanicsTwo ways to procure work whose detail is not known at contract signing. Risk and process differ materially.Named SpecialistProvisional SumJCT clauseSupp. Provision 6 (Named Specialists)cl 3.16 (provisional sums)PricingProvisional Sum for the namedspecialist (Supp. Prov. 6.1.2)Provisional sum, undefined or definedDesign riskContractor takes risk for thespecialist work and its integrationEmployer retains risk until sum isexpended (defined or instructed)CA roleCA confirms specialist instruction.No re-tender needed.CA issues instruction to spend.Must be a Variation in form.EoT and L&ELimited grounds (specialist faultnot a Relevant Event)Defined sum: no EoT for spending.Undefined: EoT and L and E possible.Practical effectNamed Specialist: useful for lifts, curtain walling, fire engineering. Contractor warrants the integrated outcome.Provisional sum: useful where scope is uncertain. Defined sums fix timing; undefined sums attract EoT.Cost reporting: both are reconciled against the actual instructed cost at final account.Source: JCT SBC 2024 Supplemental Provision 6 · cl 3.16 (provisional sums) · JCT Practice Notes 2024P3P-D37
P3P-D37

Named Specialist vs Provisional Sum: JCT Mechanics

JCT SBC 2024 cl 3.8 and cl 3.16

Contracts & Admin
Collateral Warranty Chain: Architect to FunderBeneficiaries with no privity to the main appointment use collateral warranties. Step-in rights protect funders.ArchitectRIBA PSC 2020Appointment by ClientClientOriginal employerReceives servicesContractor (D and B)JCT DB 2024Post-novationAppointmentBuilding contractFunderBank or investorproviding financeWants step-in rightsPurchaserBuyer of completeddevelopmentFirst or onward saleTenantLong lease occupier10 plus year leaseReliance on designSubsequent ownerFuture buyerEach get a CWa(or third-party rights)Standard rights in a CIC CWa 20181. Duty of reasonable skill and care (mirrors PSC).2. Net contribution clause (typically included).3. Copyright licence to use the design.4. Limitation: 12 years if executed as deed.Step-in rights (funder version)Funder can take over the appointment.Architect cannot terminate without prior notice.21-day notice period for funder to step in.Compare with Contracts (Rights of Third Parties) Act 1999.Source: CIC Collateral Warranty 2018 · Contracts (Rights of Third Parties) Act 1999 · RIBA PSC 2020P3P-D38
P3P-D38

Collateral Warranty Chain: Architect to Funder

CIC CWa 2018 · Contracts (Rights of Third Parties) Act 1999

Contracts & Admin
Practical Completion vs Making Good: Test and EffectTwo distinct milestones. PC certifies the works as substantially complete. The Certificate of Making Good closes out the Rectification Period.Practical Completion (PC) cl 2.30Legal testMears v Costplan (2019): works capable ofbeneficial use, with only minor patent defects.Not perfection. Not absence of every defect.CA processCA inspects. Issues PC certificate.Defects schedule may accompany the certificate.What is released at PCPossession of works to Employer.Half of retention (typically 1.5 percent).LADs cease. Insurance risk passes.Limitation clock starts running.Rectification Period commences (6 months default).Contractor still responsible for patent defects.Making Good & Certificate cl 2.38 and 2.39Legal testContractor remedies defects that appearduring the Rectification Period at no cost.Period is 6 months default, may be extended.CA processCA issues defects schedule no later than14 days after end of Rectification Period.What is released at Certificate of Making GoodCA issues Certificate of Making Good (cl 2.39).Second half of retention released.Rectification Period formally closed.Final account preparation may commence.Latent defects remain claimable post-NCMG.DPA and BSA limitation continues to run.ReminderPC is not Final Completion. The Final Certificate (cl 4.26) is issued later and is conclusive of the final account.Defects after NCMG remain claimable in contract or tort within statutory limitation periods.Source: JCT SBC 2024 cl 2.30, 2.38, 2.39, 4.26 · Mears v Costplan 2019 EWCA Civ 502P3P-D39
P3P-D39

Practical Completion vs Making Good: Test and Effect

JCT SBC 2024 cl 2.27, 2.38, 2.39 · Mears v Costplan 2019

Contracts & Admin
NEC4 Early Warning MechanismNEC4 cl 15. Spirit of mutual trust and cooperation. Early warning is administrative, not a compensation event.1Early Warning NoticeAny party gives notice of matterthat could affect cost, time orquality (cl 15.1). No prescribedform. Done as soon as known.2Early Warning RegisterPM enters the matter into theEarly Warning Register (cl 15.2),maintained throughout theproject as a live document.3Early Warning MeetingPM calls a meeting attended byClient, Contractor, others asrequired (cl 15.3). Held withinone week of the notice.4Mitigation agreedParties propose actions to avoidor reduce the effect. Decisionsrecorded in Early Warning Register.Cooperative not contractual.5Compensation EventIf event meets cl 60 criteria aCE is notified separately.PM assesses time and cost.Strict 8-week notification clock.Distinction from JCT Extension of TimeJCT: backward-looking. Contractor proves a Relevant Event after the event. CA grants EoT and L and E separately.NEC4: forward-looking. EW used to head off problems. CE then assesses both time and cost in a single process.Source: NEC4 ECC cl 15.1, 15.2, 15.3 · NEC4 cl 60 (Compensation Events)P3P-D40
P3P-D40

NEC4 Early Warning Mechanism

NEC4 ECC cl 15 and cl 60

Procurement & Fees
RIBA PSC 2020: Liability Cap MechanicsPSC cl 7.2 and 7.3 limit the architect liability. Cap must be reasonable under UCTA 1977.Total potential claim (uncapped exposure under common law)Net contribution clause (cl 7.3)Architect pays only proportionate shareLiability cap to PII sum, Item J (cl 7.2)typically each-and-every-claim basisPI insurance cover (ARB Code PII duty)Must match or exceed contractual capExcess per claimFirst slice borne by the architect or practiceCannot be capped (UCTA s.2.1 and case law)Death or personal injury caused by negligence.Fraud, dishonesty, deliberate concealment.Fitness for purpose (uninsurable under PII).Statutory duties that override (DPA 1972 liability is non-excludable, s.6(3)).Reasonableness test (UCTA 1977 s.11)Bargaining power of the parties.Whether the cap was specifically negotiated.Practicality of obtaining PI cover at higher levels.Knowledge of client. See Ampleforth v Turner 2012.Source: RIBA PSC 2020 cl 7.2 and 7.3 · UCTA 1977 ss.2, 3, 11 · Ampleforth v Turner and Townsend 2012P3P-D41
P3P-D41

RIBA PSC 2020: Liability Cap Mechanics

RIBA PSC 2020 cl 7.2 and 7.3 · UCTA 1977

Appointments & Fees
The Architects Code 2025: Standards 1 to 6 OverviewSix Standards of equal importance (the 2017 Code had twelve). Current Code effective 2025. Mandatory for all UK architects.1StdHonesty and integrityBe honest and truthful.Act with integrity in allactions and decisions.2StdPublic interestAct in the public interest.Respect life, the law and theenvironment; challenge risk.3StdCompetenceBe competent for your work.Maintain & develop skills;commit to ongoing CPD.4StdProfessional practiceSkill, care and diligence.Robust business andresponsible financial mgmt.5StdCommunication & collab.Communicate effectively.Collaborate respectfully withclients, colleagues, others.6StdRespectTreat others with respect.Open-minded and inclusive;value all individuals & ideas.Enforcement and effectFailure to comply is not of itself UPC, but is taken into account in determining unacceptable professional conduct (Architects Act 1997 s.14).Sanctions: reprimand, penalty order, suspension up to 2 years, erasure from the Register (s.15).Investigation by Investigation Panel. Hearing by Professional Conduct Committee (PCC).Appeal to the High Court within 3 months under Architects Act 1997 s.22.Source: The Architects Code 2025 (ARB) · Architects Act 1997 ss.14, 15, 22P3P-D42
P3P-D42

ARB Code 2025: Standards 1 to 6 Overview

ARB Architects Code 2025 · Architects Act 1997

Professional Ethics
Contract Selection: The JCT 2024 SuiteMatch the form to project scale, pricing document and where design responsibility sits.ContractScale / complexityPricing documentContractor designTypical useMW 2024Minor WorksSmall, simpleSpec or workschedules (no BoQ)None — use MWDfor discrete designMinor works of simple characterIC 2024IntermediateSmall–medium,simple contentBoQ, spec orwork schedulesNone — use ICDfor discrete designRecognised basic trades; nocomplex service installationsSBC 2024StandardLarger, morecomplex worksQ: BoQ · XQ: spec /schedules · AQ: approxBuilt-in CDP(all versions)Detailed provisions & extensivecontrol procedures neededDB 2024Design & BuildLarger; singlepoint of resp.Employer's Reqs /Contractor's PropsContractorcompletes designBuildable brief; employer acceptssingle-point deliveryMP 2024Major ProjectLarge-scalecommercialMinimal admin,flexible pricingContractor takesfull design resp.Experienced employer with ownin-house proceduresContractor-design variants: MWD (Minor Works w/ design) and ICD (Intermediate w/ design). SBC carries a built-in Contractor's Designed Portion in every version.DB transfers design via the Employer's Requirements / Contractor's Proposals; MP assumes experienced parties and minimal independent administration.Source: JCT 2024 Suite (MW, IC, SBC/Q · XQ · AQ, DB, MP) · JCT 2024 Guides · Which Contract? (Lupton & Stellakis)P3P-D43
P3P-D43

Contract Selection: The JCT 2024 Suite

JCT 2024 Suite (MW/IC/SBC/DB/MP) · JCT 2024 Guides · Which Contract? Lupton & Stellakis

Contracts & Admin
JCT SBC 2024: Contractor's Designed Portion — Liability StandardWhat standard does the contractor's design have to meet, and is it the same as a manufacturer's guarantee?Design of the Contractor's Designed PortionDiscrete part of the Works designed by the Contractor (CDP)✓ Reasonable skill & careCl. 2.19.1.1 — warranty to use the reasonableskill and care of an architect or otherappropriate professional designer on worksof a similar scope and character.Same standard the architect owes — fault-based.✗ Fitness for purposeCl. 2.19.1.2 — the Contractor has no greaterduty than reasonable skill and care. "Under nocircumstances" is the design required to befit for its purpose.Expressly excluded — a strict, results-based duty.The Employer's Requirements (Cl. 2.13.2)The Contractor is NOT responsible for the contents of the Employer's Requirements, nor for verifying the adequacy of any design within them —subject only to the duty to notify divergences from Statutory Requirements. Design risk for the brief stays with the Employer's team.Source: JCT SBC 2024 (SBC/Q · SBC/XQ) Cl. 2.19.1.1, 2.19.1.2, 2.13.2 · JCT SBC Guide 2024P3P-D44
P3P-D44

JCT SBC 2024: Contractor's Designed Portion — Liability Standard

JCT SBC 2024 Cl. 2.19.1.1, 2.19.1.2, 2.13.2

Contracts & Admin
Defective Premises Act 1972 & the BSA 2022 Limitation ExtensionsA statutory duty on dwellings — and the Building Safety Act 2022 reaching back up to 30 years to enforce it.DPA s.1 — provision of a new dwellingDuty to carry out work in a workmanlike orprofessional manner, with proper materials, sothe dwelling is fit for habitation when completed.Owed to: the person ordering the dwelling ANDevery person later acquiring an interest in it.DPA s.2A — works to an existing dwelling (new)Inserted by BSA 2022. Extends the duty to anywork on an existing building containing dwellings— refurbishment, repair, extension, communal areas.Applies only to work done in the course of abusiness (not homeowner DIY). 15-year period.Limitation period for s.1 claims (extended by BSA 2022 s.135)28 Jun 199228 Jun 2022 — commencement+15 yrsRetrospective: 30 yearsProspective: 15 yearsWorks completed BEFORE 28 Jun 2022: a 30-year window (claims for completions from 28 Jun 1992 onward).Works completed AFTER commencement: 15 years from completion. (Previously a single 6-year period for all.)Practical effect: dormant defects on residential buildings can be actioned decades later — a key driver of post-Grenfell remediation claims.Source: Defective Premises Act 1972 ss.1, 2A · Building Safety Act 2022 s.135 (amending Limitation Act 1980)P3P-D45
P3P-D45

Defective Premises Act 1972 & BSA 2022 Limitation Extensions

Defective Premises Act 1972 ss.1, 2A · Building Safety Act 2022 s.135 · Limitation Act 1980

Law
JCT SBC 2024: Variations — Instruction & ValuationFrom the A/CA's instruction to a priced change: agree the cost up front, or have the QS value it by the rules.A/CA instruction requiring a Variation (Cl. 3.14.1)Variation defined Cl. 5.1 — 5.1.1 design/quality/quantity · 5.1.2 obligations & restrictionsRoute A: Schedule 2 Quotation (Cl. 5.3)A/CA states quotation required under Schedule 2.• Contractor has 7 days to disagree with the procedure.• Quotation submitted within 21 days of sufficient info.• Sch. 2 para 1.2: adjustment to Contract Sum, EoT, loss & expense, cost of preparing the quotation.• Stays open for acceptance at least 7 days.Accepted → Confirmed Acceptance fixes sum & date.Not accepted → carried out & valued under Route B,or not carried out (quotation-prep cost still paid).Route B: Valuation Rules — QS (Cl. 5.6–5.10)QS values where the change is not agreed.• 5.6 Measurable work — Contract rates if similar character/conditions; fair allowance if changed; fair rates if not similar. Omissions at Contract rates.• 5.7 Daywork — prime cost (RICS Definition) + percentage additions; vouchers within 7 business days.• 5.8 CDP Variation — valued per the CDP Analysis.• 5.9 Other work — re-valued if conditions change.• 5.10 Fair valuation — catch-all where 5.6–5.9 fail.Loss & expense for a Variation is recovered separately under the Relevant Matters (Cl. 4.20–4.23), not double-counted in the Valuation (Cl. 5.10.2).Source: JCT SBC 2024 Cl. 3.14.1 · 5.1 · 5.3 · Schedule 2 · 5.6–5.10 · JCT SBC Guide 2024P3P-D46
P3P-D46

JCT SBC 2024: Variations — Instruction & Valuation

JCT SBC 2024 Cl. 3.14.1, 5.1, 5.3, Schedule 2, 5.6–5.10

Contracts & Admin
Statutory Adjudication: The 28-Day Timeline"Pay now, argue later." A right in every construction contract under the Construction Act 1996, delivered by the Scheme.1Notice of adjudicationRefer 'at any time'HGCRA s.108(2)2+7 daysReferral to adjudicatorScheme para 73+28 daysAdjudicator's decisionHGCRA s.108(2)(c)4BindingUntil finally determinedHGCRA s.108(3)Extending the 28 days+14 days with the consent of the referring party.Any longer period only if BOTH parties agree afterthe dispute has been referred.The referral, not the notice, starts the 28-day clock.Status of the decisionBinding and enforceable immediately, even if wrongon fact or law ("temporary finality").Stands until the dispute is finally determined bylitigation, arbitration or agreement.Why it existsA fast, interim route to protect cash flow down the contractual chain — a statutory right that cannot be contracted out of.Source: Housing Grants, Construction and Regeneration Act 1996 s.108 (as amended by LDEDCA 2009) · Scheme for Construction ContractsP3P-D47
P3P-D47

Statutory Adjudication: The 28-Day Timeline

HGCRA 1996 s.108 (am. LDEDCA 2009) · Scheme for Construction Contracts

Law
Architect's Fee Bases: Risk & SuitabilityEach basis allocates resource and cost risk differently between architect and client.BasisWhen appropriateClient cost certaintyMain risk to architectPercentageof construction costTraditional procurement;normal services, all stagesLow — fee floats withconstruction market costTime/resource: delay raisescost, fee unchangedLump sum/ fixed feeClearly defined scope,services & programmeHigh — certainty fromthe outsetAbsorbs overrun if hoursexceed estimateTime chargehourly / daily ratesUnbounded scope; Stage 0–1,advisory, claims, approvalsLow — final costunknown until completeMinimal pricing risk; mustrecord & justify every hourUnit / arearate per unit / m²Repetitive work (rooms,housing); reuse/royaltyHigh — predictable perunit builtLike lump sum; rebatereflects repetitionIn practice the RIBA PSC 2020 often blends bases — time charge for unbounded early/late stages, lump sum for the core design stages.Source: RIBA Good Practice Guide: Fees / Fee Management · Architect's Legal Handbook · RIBA PSC 2020P3P-D48
P3P-D48

Architect's Fee Bases: Risk & Suitability

RIBA Good Practice Guide: Fees / Fee Management · RIBA PSC 2020

Appointments & Fees
Two-Stage Tendering & the Pre-Construction Services AgreementAppointing the contractor early — before the design is complete and a fixed price can be set.Single-stageComplete designFull information defined firstCompetitive tender on priceLump sum bids comparedAward main contractUsed when design is fully fixedTwo-stageStage 1: select contractorCompete on preliminaries, overheads &profit, fees & pre-construction services.PCSA — pre-constructionContractor advises on buildability,cost, programme & design development.Stage 2: agree fixed priceNegotiate on Stage 1 pricing, thenenter the main building contract.What the PCSA isA formal contract engaging the contractor forservices before the main contract is signed.JCT PCSA 2024 (General Contractor) andPCSA/SP 2024 (Specialist).If Stage 2 price isn't agreed, restart with the next tenderer.Typical PCSA services• Design & buildability / construction-method advice• Cost planning, programme & specialist procurement• Sustainability / environmental performance input• Preparing the definitive second-stage tenderBenefit: contractor expertise enters during design.Source: JCT PCSA 2024 & PCSA/SP 2024 · Part 3+ Tendering & Building Contracts · Architect's Legal HandbookP3P-D49
P3P-D49

Two-Stage Tendering & the Pre-Construction Services Agreement

JCT PCSA 2024 & PCSA/SP 2024 · Part 3+ Tendering & Building Contracts

Procurement & Fees
Practice Business Structures: Liability, Tax & RegistrationThe four ways to constitute an architectural practice — and what each means for personal risk.StructurePersonal liabilityTaxationARB / RIBA considerationsSolepractitionerUnlimited — personal assetsexposed (incl. home)Self-employed: Income Tax+ NI via Self-AssessmentMust be ARB-registered to use'architect'; show name & addressPartnership(traditional)Unlimited, joint & several —liable for partners' actsEach partner taxedindividually on their share≥ ¾ of partners ARB-registeredfor the firm name (ARB check)LLPlimited liability p'shipLimited to capital invested(separate legal entity)Taxed as a partnership —members self-employedCompanies House; ≥1 registeredarchitect responsible (ARB)Ltd companyprivate limitedShareholders limited toshare value; directors shieldedCorporation Tax; PAYEsalary & dividendsWork under control of aregistered person; RIBA practice ≥1 principalNote: an architect-director can still be held personally accountable by the RIBA for the company's acts for disciplinary purposes.Source: Architect's Handbook of Practice Management · RIBA Starting a Practice · Architect's Legal Handbook · Architects Act 1997P3P-D50
P3P-D50

Practice Business Structures: Liability, Tax & Registration

Architect's Handbook of Practice Management · RIBA Starting a Practice · Architects Act 1997

Practice Management
JCT SBC 2024: Insurance of the Works — Options A / B / CWho insures the Works, and the option reserved for building on or around an existing structure.Option AContractor insuresUsed for: New buildingsContractor takes out a JointNames 'All Risks' policy for thefull reinstatement value of theWorks + Site Materials + a %for professional fees.(Contractor's annual policy maybe used if equivalent.)Schedule 3, para A.1Option BEmployer insuresUsed for: New buildingsEmployer takes out the JointNames 'All Risks' policy for thefull reinstatement value of theWorks + Site Materials + a %for professional fees.Used where the Employer prefersto carry the Works cover.Schedule 3, para B.1Option CEmployer insuresUsed for: Existing structuresTWO Joint Names policies:C.1 — existing structures &contents vs Specified Perils.C.2 — 'All Risks' for the newWorks & Site Materials.For works in / extensions toexisting structures (refurb).Schedule 3, paras C.1 & C.2All options are in Joint Names (Employer + Contractor) so insurers cannot subrogate against either. Option C.1 cover can be disapplied where a tenant/homeowner cannot obtain it.Source: JCT SBC 2024 (SBC/Q · SBC/XQ) Cl. 6.7 · Schedule 3, paras A.1, B.1, C.1, C.2 · JCT SBC Guide 2024P3P-D51
P3P-D51

JCT SBC 2024: Insurance of the Works — Options A / B / C

JCT SBC 2024 Cl. 6.7 · Schedule 3 paras A.1, B.1, C.1, C.2

Contracts & Admin
Listed Building Consent & the Heritage Harm TestWhen consent is required, the criminal sanction for skipping it, and how harm is weighed against public benefit.Consent required — LBCA 1990 s.7Listed building consent must be obtained beforedemolition, alteration or extension that affectsthe building's special architectural / historic interest.Criminal offence — LBCA 1990 s.9Carrying out unauthorised works in contraventionof s.7 is a criminal offence — strict liability,regardless of intent.NPPF 2024 harm test — judged by degree of harm to significance, not scale of worksSubstantial harm / total loss — para 214A "high test"; even minor works can qualify if akey element of significance is seriously affected.LPA should refuse unless harm is necessary toachieve substantial public benefits that outweigh it— or all four exceptions apply (no viable use aftermarketing; no grant/charitable/public route; harmoutweighed by bringing the site back into use).Less than substantial harm — para 215Lesser impact on significance — e.g. removinginappropriate later additions, moderate/minoralterations (circumstance-dependent).Harm is weighed against the public benefits ofthe proposal — a balancing exercise.Benefits include, where appropriate, securing theasset's optimum viable use.Great weight is given to a designated asset's conservation, irrespective of harm level. Consent is separate from, and additional to, planning permission.Source: Planning (Listed Buildings & Conservation Areas) Act 1990 ss.7, 9 · NPPF 2024 paras 214–215P3P-D52
P3P-D52

Listed Building Consent & the Heritage Harm Test

Planning (Listed Buildings & Conservation Areas) Act 1990 ss.7, 9 · NPPF 2024 paras 214–215

Planning & Law

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