RIBA has published amendments to the payment terms of its suite of appointments, including RIBA Standard Agreement 2010: Architect, following the changes to Part II of the Housing Grants, Construction and Regeneration Act 1996 (Construction Act 1996) introduced by Part 8 of the Local Democracy, Economic Development and Construction Act 2009 (LDEDC Act 2009).
The Royal Institute of British Architects (www.practicallaw.com/6-106-4941) (RIBA) has published amendments to the payment terms of its suite of appointments, including RIBA Standard Agreement 2010: Architect, following the changes to Part II of the Housing Grants, Construction and Regeneration Act 1996 (Construction Act 1996) introduced by Part 8 of the Local Democracy, Economic Development and Construction Act 2009 (LDEDC Act 2009). RIBA state that the amendments should be used with all RIBA appointments dated on or after 1 October 2011, in England and Wales.
Clients should note that new clause 5.15 of Standard Conditions of Appointment for an Architect 2010 requires a client to, in effect, include the information previously required in a withholding notice in any pay less notice. That is, contractually, a pay less notice must still include the grounds for withholding a payment. This seems an unnecessary complication for clients to deal with, as it seeks to reflect both the old law (on withholding) and the new law (on paying less) into a single clause and notice.
We have updated Practice note, RIBA Agreements 2010 (www.practicallaw.com/1-502-4076) to include links to the individual amendments published on-line by RIBA.
For more information on the changes to the Construction Act 1996, see Practice note, Getting ready for the Construction Act 1996 changes (www.practicallaw.com/3-503-9091).