4 things I am putting in my fee agreements

by Bregs Blog admin team


The following opinion piece was submitted by a registered architect to the Blog on 14th May 2014.

Following on from our three widely-read Q+ A posts from a specialist certifiers (a registered engineer, architect and building surveyor) we received this contribution on 15th May 2014 from a registered architect regarding fee proposals to clients. The following points may be of interest to other registered professionals undertaking fee proposals under the new regulations at present. If readers have other standard appointment conditions they feel are of interest please send in to us here on blog.

We recently invited submissions from surveyors, engineers and architects who intend (or not) to provide specialist certifier services for SI.9 to the construction industry. We think these posts are very practical information for practitioners and consumers alike regarding  anticipated duties and timescales, and consequent costs to design teams and clients of Building Control (Amendment) Regulation (SI.9 of 2014).

As this is an opinion piece, we do not endorse or recommend any practices, interpretations or duties in this post. Many thanks to the registered architect who submitted this information.

Registered Architect: 4 things I am putting in my fee agreements:

  1. I currently have Professional Indemnity Insurance (PI) and I intend to maintain PI. However, if PI becomes too expensive; or if it is not available to me because of changes in the market or because of some future claim, I may not have cover in the future. You need to be aware that PI insurance is to protect my practice if I make a mistake. It is NOT a guarantee on the building or a fund to fix defective work done by the builder.
  2. The RIAI issue standard forms and guidance to architect members. The new Inspection Plan for members is not finalised. I may have to charge fees for additional site visits if this plan requires me to do more inspections, more paperwork or to hire in specialists to do testing.
  3. The new regulations say that I have to certify the work of other specialists. Specialists (structural engineer, fire consultant, plumber, BER assessor etc) are needed because I am NOT competent in these areas and I will be relying entirely on their expertise in writing my certificates. You will need to have separate fee agreements with them and to make sure that they also have PI.
  4. This system is new. I do not yet know how the local authority will operate this. If there are delays because the local authority ask for changes to the building or if are problems in administration, this is outside my control. This may result in additional costs to you for more building work or for more fees (if I have to do more work or spend time resolving these issues). I regret very much that I cannot give you more information and that this makes it difficult for you to budget the project. I will keep you informed and use my best endeavours to minimise any additional cost or delay.

NOTE: This series of posts is not meant to undermine or be in opposition to any professional advice from registered representative bodies: rather it is to offer additional technical aids to those that find themselves in the unenviable position of having to deal with SI.9 in it’s current form at present. As with all information posted on the Blog we urge all practitioners to check with their respective professional bodies before assuming any roles or duties under Building Control (Amendment) regulation (SI.9 of 2014). We hope to post a number of these practical posts and list in one area, so home owners, SME’s and professionals can drop in and click on a particular topic to get summary information that may be useful to them while working within these new and difficult regulations. 

other posts on this topic:

Specialist Certifier 4- COMPANY: Questions and Answers – click here

Specialist Certifier 3- SURVEYOR: Questions and Answers – click here

Specialist Certifier 2- ARCHITECT: Questions and Answers – click here

Specialist Certifier 1- ENGINEER: questions and Answers – click link here

Registered Building Surveyor’s Inspection Plan (post 1 of 2) – click here

Registered Building Surveyor’s Inspection Form (post 2 of 2) click here

Certifiers call for help! – click here

Practical Post 9: Fees & numbers of inspections? BC(A)R SI.9 – click link here

Practical Post 8: Employees won’t certify? BC(A)R SI.9- click link here

O’Cofaigh: Competitiveness issues & BC(A)R SI.9- click link here

The Engineers Journal: how BC(A)R SI.9 works in practice | BRegs Blog- click link here

Complaint to Minister: Fee fixing & BC(A)R SI.9 – click link here