TERMS EXPLAINED
Client’ the end user paying for to receive goods and services ‘We’ ‘Us’ ‘Our’ CK Architectural Ltd
Project Brief
The project brief is a description of your requirements through the design process. We will take it from your enquiry or any other communication we have with you, during the initial meeting, or describe it in a Project Feasibility Report. We may require any additional information or changes to the brief before the design process. Our designers will make every effort to get a full brief from you and we do understand things change and our designs may often provoke alternative solutions.
Project Description
This is a more detailed account of any specifics you wish to add into the design project.
Contract Items
This is the list of individual areas, types, and quantity of extension(s), conversion(s), or development(s).
1.0 Design Drawing
1.1 Survey
1.1.1 If you allow us to attend your home and conduct a measured dimensional survey, you are agreeing to our terms and conditions and as such payment and cancellation fees will apply.
1.1.2 The client must ensure all areas, both internal and external, are available and safe for measuring / surveying and photographing.
Please inform us of any un-viewable issues that could affect design or build phases. Any usable or historic information is expected to be presented to the staff carrying out the survey.
1.1.3 We are not responsible for aspects or issues that are not visible during the survey. We do not conduct invasive surveys ie, dig up the ground or pull off plasterboard / make inspection holes within walls. Please ensure dogs or small children are out the way to avoid any accidents. If possible, uncover drains and any hazardous materials or items.
1.1.4 The survey is dimensional only and not structural / conditional. We will only capture items relating to the agreed contract and return visits due to contractual changes will incur additional fees. Site boundaries are premeasured or from land registry records.
1.2 Self Survey
1.2.1 Information necessary to produce the drawings is provided by the client, and as such, the accuracy and level of detail is determined by the quality of the information provided. Delays caused from not having the correct / enough information are the responsibility of the client. Rework due to the wrong information being provided is chargeable.
1.3 PDF Plans Existing and or approved
1.3.1 Accuracy will be lost when scaling drawings done by others, and we assume the client has the necessary copyright rights for us to use the drawings provided.
1.3.2 Drawings approved by planning authorities will not necessarily comply with building control, with planning conditions, or be buildable. Design changes needing to be made to approved drawings will incur additional fees.
1.4 DWG Plans Existing and or approved
1.4.1 Accuracy cannot be guaranteed when provided by others. We assume the client has obtained the necessary copyright rights for us to use any drawings provided, both physically or electronically.
1.4.2 Drawings approved by planning authorities will not necessarily comply with building control, with planning conditions, or be buildable. Design changes needing to be made to approved drawings will incur additional fees.
1.5 Site Visits
1.5.1 Due to many variables such as meetings with other clients and traffic, flexibility is required on appointment times. We will ring ahead if we’re going to be more than 15 minutes late. We will charge for appointments that are cancelled within 2 hours of the appointment time, or if you do not allow us to survey for any reason once a designer has arrived at the property.
1.6 Existing Drawings
1.6.1 Existing drawings will be the necessary information displaying the affected areas for design in accordance with the contracted items, project brief and services.
1.6.2 Our drawings will be drawn to scale in 2D AutoCAD from the site survey, and assumptions will be made on items not visible. Typically, within an accuracy of 25mm, wall thickness and squareness cannot always be determined. All dimensions must be checked before building, manufacturing, or ordering of fittings & fixtures. We do not take responsibility for contractors ordering wrong items.
1.6.3 Should the agreed contract items, project brief or service change, the existing drawings may need additional work which will incur further fees.
1.6.4 The more information you (the client) provide, the more problems we can overcome and plan for. Where possible provide sewer / utility records, previous alterations / renovation details, structural reports, structural design calculations etc.
1.7 Concept Design Drawings
1.7.1 The initial design drawings will be in outline format capturing the project brief and / or following direct instruction or examples.
1.7.2 We produce the design(s) based upon the existing project brief in outline format. These are to a standard that will highlight the existing floorplans / elevations against the proposals drawn and within the tolerances set.
1.7.3 The concept designs are used for deeper discussions before developing the design. Alternatives in size, shape, roof
form and other aspects are examples of this.
1.7.4 Feasibility reports are advice and opinion built on information provided, experience and judgement. We take no liability for financial or personal loss from decisions made as a result of these reports.
1.8 Developed Design Drawings
1.8.1 Once the concept is agreed, the finer details can be discussed, and alternatives explored. This is done by phone or email typically, however, for an additional fee, we do also conduct a video chat or in-person design meetings dependent on availability.
1.8.2 Design development will be done by emailed PDFs after the initial design meeting / phone call (if applicable).
1.8.3 Design amendment requests will typically be answered with 72 hours. This can vary if the design development takes longer than anticipated.
1.9 Screenshot
1.9.1 Screenshots are used to display that we have carried out a portion of the works before presenting an invoice. They are not for design or detail discussion and are only visible enough to show we made a significant start on the project.
1.10 Design Meeting Video Chat
1.10.1 Video call design meetings can be done via mediums such as zoom / skype / Microsoft teams. This meeting is where our designers can share their screens and talk in detail through the designs and options. This is done to a point where the main concept can be agreed, and the final details can be added.
1.11 Design Meeting in Person
1.11.1 In person design meetings need to be arranged through the main office. Your designer will visit and go through the details on their laptop or with printed drawings. This is done to a point where the main concept can be agreed, and the final details can be done via PDF emails.
1.12 Phone Calls
1.12.1 If you need to talk to a designer, we will arrange a call back time within 24 hours of your enquiry where possible.
2.0 Planning Submissions
2.1 Existing Drawings
2.1.1 We will try to determine the best planning application possible to get approval the fastest and most cost-effective way. There are many different types of application and it’s not always clear which is the best route. Where possible, we will engage with the council to understand the best form of application appropriate for your scheme and advise accordingly but cannot take responsibility for making an incorrect application.
2.2 Permitted Development or Certificate of Lawful Development
2.2.1 Application or enquiry to determine if your development is exempt from needing formal planning permission. Criteria can vary and be subject to interpretation, and as such, we cannot guarantee all the criteria will be met.
2.3 Prior Approval or Notice
2.3.1 These applications are for certain situations when it is approved subject to meeting the criteria set out within the application. Local authorities don’t always determine the information in the same ways, so we cannot guarantee approval, albeit probable.
2.4 Full Planning
2.4.1 Full and formal planning applies to most projects; we cannot guarantee the application will be approved. Resubmissions within 12 months are generally free but we reserve the right to charge additional fees for re design and re submission.
2.5 Pre-Application Advice
2.5.1 These applications are used to gather informal information from the local authority about a potential scheme. We use a variety of different drawing standards and systems to get the necessary information.
2.6 Planning Drawings
2.6.1 These drawings will include relevant floor / site plans, elevations, and OS location map. We will use them to submit to the council and chase validation. We will make any changes with the time frame to gain approval if possible.
2.6.2 We will make Planning Officer Request Changes to gain approval within the application determination date.
2.6.3 We are not town and planning consultants. We give the best advice possible and submit the application(s) we think are correct against the known criteria.
2.6.4 Some applications require planning, heritage, and design statements which we can write to a basic level, and we will advise when it is more beneficial to use consultants.
2.7 3rd Party Consultants
2.7.1 Planning Consultants might be required for more specialised knowledge, documentation, and statements.
2.7.2 Specialists for reports on biodiversity, ecology, tree surveys, environment, flood risk, traffic, noise, pollution, archaeology etc. are not included with our fees. These fees will be paid from the client directly to the 3rd party consultant.
2.7.3 Recommendations made by us do not make us responsible for quality or correctness of any reports or information provided by others. Contract and payment to be arranged directly unless otherwise agreed in writing.
2.8 Full Planning
2.8.1 Local authorities have a set period for determining applications (typically 8-13 weeks), however, there can be delays in the validation process and they can request time extensions. We cannot be responsible for delays caused by the local authority. We do answer questions and gain further information in a reasonable time.
2.9 Rejection
2.9.1 If an application is rejected, you can resubmit to the local authority. We will require further fees to redesign and
resubmit amended plans for a new application. Planning Approval cannot be guaranteed, and as such, we do not accept
liability for any additional planning submission or related fees.
2.10 Exemptions
2.10.1 3rd Party disbursements
2.10.2 Application fees, tree survey, ecology report, biodiversity statement, flood risk assessment, acoustic assessment, Sewer Records, condition lift, archaeological report, appeals, committee meetings. Site visits other than survey and design meeting (if within contract), any unknown 3rd party disbursements.
3.0 Building Regulations
3.1 Building Regulations/Control
3.1.1 Full plans building regulations submissions need to show accordance with the approved documents England and Wales. These are assessed along with any supporting documents for approval. They then assess the builders work through various onsite investigations.
3.2 Building Regulations Drawings
3.2.1 We add the relevant detail and write the specification in accordance with building regulations requirements, showing construction detail to illustrate adherence to regulations.
3.2.2 They are not a comprehensive construction guide, and all dimensions are to be checked before setting out, manufacturing or building. Many builders do choose to build from these drawings, however that is at their discretion and that of the property owner.
3.2.3 We will submit and liaise with building control officer and amend where necessary to gain approval other than conditions by 3rd party consultants.
3.3 3rd Party Consultants
3.3.1 We will help to source and collate 3rd party consultants where necessary and appropriate.
3.3.2 Structural Engineers will often be required to design beams, foundation, roofs, frames, and other aspects of a project. They must work to the agreed standards of practice, and where necessary, confirm on site situations and dimensions without relying on CK Architectural drawings.
3.3.3 Specialist reports such as SAPs, energy efficiency, acoustic design, sewer design, M&E design, ground investigation etc. are 3rd party services not included in our services or fees.
3.3.4 Recommendations made by us do not make us responsible for quality or correctness of reports/information provided by others. Contract and payment are to be arranged directly unless otherwise agreed.
3.4 Party Wall Act
3.4.1 The client is responsible for adherence and obligations under the party wall act 1996. We offer advice where appropriate but do not take responsibility for boundary related issues.
3.5 Preliminary Regulations Plans
3.5.1 We will release the preliminary drawing for client check, initial tenders and to building control for checking off. Preliminary drawings will still require changes before they can be used safely. Client must check the revision before work or contracts commence.
3.6 Approved Plans
3.6.1 We make any changes requested by building control to gain full plans approval, sometimes this will be conditional subject to onsite investigation or awaiting 3rd party information. Once approved we have met our obligation and will consider this phase completed.
3.7 Drawing Copies
3.7.1 We will issue two printed copies of the building regulations drawings once they have been approved or conditionally approved.
3.8 Building Control Authority
3.8.1 We reserve the right to use which ever legal building control authority we chose, such as private or local authority. The client may insist on using a particular authority, but notice must be given from the outset or prior to submission to avoid additional costs.
3.9 Building Commencement
3.9.1 Duty Holder – Unless appointed in writing CK Architectural will not assume the role as principal designer / contractor once work commences on site. Your appointed builder / contractor takes on the role of principal contractor / designer and will be responsible for on site design changed, sizes, materials, health, and safety etc.
3.9.2 Unless appointed by written contract we will not assume the responsibility or role of principal designer past the design phase. The design phase meaning home design, planning drawings, and building regulations drawings / documents.
3.9.3 Our responsibility ends upon the full plans approval or conditional approval by building control and the handing over of principal designer compliance declaration.
3.9.4 CDM – When the client is selecting a contractor, they should ensure that they are aware of their duties under CDM2015.
3.10 Build Responsibility
3.10.1 We do not take responsibility for the building work. All dimensions, site conditions are to be assessed by a competent builder who will be responsible for ongoing design changes and to inform the client or us in advance of any problems before they become a cost or delay issue.
3.11 Exemptions
3.11.1 3rd Party disbursements
3.11.2 Application fees, structural engineer designed beams/foundations/frames, SAP, Ground investigation, Sewer Records, Water consumption calculations, condition lift, Mechanical and Electrical schematics. Site visits other than survey and design meeting (if within contract), any unknown 3rd party disbursements.
4.0 Additional Services
4.1 3D Images Colour Sketch Up
4.1.1 We produce a 3D model to help illustrate the size, shape and colours against the existing property or street. This is a basic scaled and non-photo realistic model in 3D with basic colour rendering. We will produce the images and the client can chose different angles within the contract.
4.2 3D Images Photo Realistic
4.2.1 The 3D images are high end 3D models with more realistic rendering, image angles must be chosen prior to rendering with the designer and re producing image can incur additional costs. The client must inform us and provide a specific detail on finishes, lighting etc prior to commencement or we will use our own initiative which might not be as you expect.
4.3 Plumbing and Electrical Layouts
4.3.1 The schematic drawings diagrammatically display the approximate location of heating, plumbing, mechanical and electrical items. This produces a guide for quantity, type of items and position to aid tender and build.
4.3.2 The exact position and type of items needs to be confirmed by the client to the contractor. Electrical and heating needs to be designed, calculated, and signed off by registered contractors.
4.3.3 We cannot determine if existing utilities, apparatus such as fuse boards, and boilers are suitable for the applications. Seek specialist advice wherever possible.
4.4 Tendering
4.4.1 Our tendering will consist of sending the preliminary building regulations drawings and a detailed project explanation email to gain detailed build estimates from our recommended builders/contractors to respond to at their discretion.
4.4.2 The prices received will vary in quality and detail depending on the builders chosen and level of supporting information we proved i.e. if using the schedule of works with plumbing and electrical Layouts the price estimate will be more detailed.
4.4.3 The client must elect their builder/contractor and do their own research as we cannot take responsibility for cost, time, and quality unless other services state differently
4.5 Schedule of works
4.5.1 The schedule of works will list out the building items in order, capturing each stage and listing out the method and materials to be used as per the building regulations specification. It will also form a list of supply and install responsibilities to ensure an accurate tender is achieved.
4.5.2 The client must provide any specific requirements such as finishes, decoration or preferred construction methods prior to us completing the works. We will send a first draft for checking over where the client can add, change, or omit anything from the schedule.
4.5.3 The schedule of works is a theoretically guide, contractors may use equivalent alternatives is confirmed suitable by us or building control. The schedule does not form a full bill of materials and quantities.
4.6 Written contracts
4.6.1 We will use JCT (Joint Contract Tribunal) independent builder contract or our own equivalent to produce a binding contract between client and contractor. Other than the standard item needs to be provided by client and or contractor in advance of writing.
4.6.2 Unless otherwise agreed we shall not administer the contract nor provide dispute settlement other than informal advice.
4.7 Quantity Survey (QS Breakdown)
4.7.1 The QS breakdown will list all materials, labours and hire items as best possible form the information provided, we reserve the right to outsource this is possible. Build estimates are not a concise build cost and do not allow for taxation and profit mark ups.
4.8 Contract Administration
4.8.1 We provide the written contracts and administer them signing off payment stages, collating documents and where possible, settling disputes.
4.8.2 Site visit frequency will be determined by the size and complexity of the project. We will not act as site/project manager, clerk of works or CDM (construction design manager) unless otherwise appointed.
4.9 Working Drawings
4.9.1 Working drawings will try to identify wherever possible all elements of the building / construction path wherever possible with more accurate drawings, dimensions, and details. 3rd Party Consultant works such as structural engineer will be added to the final drawing set rather than cross referenced.
4.9.2 Level of detail will vary from project to project and items to detail should wherever possible be identified prior to commencement.
4.9.3 Stages for payment will be agreed prior to start, due to continuous changes and various consultant input working drawings may never be fully completed.
4.9.4 On site design changes can be added to the drawing set at reasonable periods.
4.9.5 We do not assume the responsibility for build quality, cost, or on-site design changes or CDM 3rd party consultant work or time delays.
4.9.6 Details will need to be adapted on-site, when necessary, all site measurements to be confirmed prior to any
manufacture or installation.
5.0 Builder Drawings
5.0.1 Builder drawings will identify wherever possible all elements of the building / construction wherever possible with more accurate drawings, dimensions, and details. 3rd Party Consultant works such as structural engineer will be added to the final drawing set rather than cross referenced.
5.0.2 Level of detail will vary from project to project and items to detail should wherever possible be identified prior to commencement. The production of builder drawings may require an additional site survey to gather all relevant information.
5.0.3 Stages for payment will be agreed prior to start.
5.0.4 On site design changes can be added to the drawing set at reasonable periods.
5.0.5 We do not assume any responsibility for build quality, cost or on-site design changes or CDM, 3rd party consultant work or time delays.
5.0.6 Details will need to be adapted on site when necessary. All site measurements to be confirmed prior to any manufacture or installation.
5.1 Project Management
5.1.1 Project management will typically include other services such as Tendering, Plumbing and Electrical Layouts, Schedule of works, Written Contracts, Contract Administration.
5.1.2 We will provide a construction project management service to supervise a construction project from start to finish. We will organise and oversee construction procedures and ensure they are completed in a timely and efficient manner.
5.1.3 We will attend site at regular intervals, for site inspections, problem solving, solution providing, programme changes stage/payment sign off and client contractor alignment meetings.
5.1.4 We will make every effort to settle disputes in a fair manner for both client and contractor. Where disputes cannot be settled, we will defer for mediation and provide the facts as we see/record them. Should matters go to court, we cannot put forward a legal case but will supply the necessary information for client and or contractor’s legal representative.
5.1.5 If the programme is extended beyond the conditional programme, then we may require additional fees to cover the
extension of time.
5.1.6 We will sometimes provide a full work programme as part of the initial contract prestart. This is a guide only, and often works will be carried out in a different order due to external circumstances beyond control.
5.1.7 We will report progress on projects by suitable media to client, maintain and update project reporting, checkpoints, and financial reporting.
5.1.8 We will provide contract administration, to ensure the builders/contractors have priced according to client required and to ensure insurances and guarantees of contractor are up to date and provide suitable coverage.
5.1.9 We are not responsible for any damage, party wall agreements, cost increases or delays onsite during or after construction works. Insurances for property, public liability etc. are between client and elected contractor.
5.1.10 We are not site managers and will rely on the builder/contractor to plan works, source material, finalise item before order, agree specific location for items and provide on site design changes.
6.0 General Items
6.1 Fees
6.1.1 The fee schedule, stage to pay, and the amount will be highlighted in the quotation. Your design screenshot will be issued, and payment will be required within 7 days. This is prior to release of full scaled drawings printed or PDF or submission to relevant governing body or 3rd party consultant.
6.1.2 A screenshot (see section 1.9.1) invoice will provide evidence the works have been completed to suitable stage ready for release and discussion.
6.1.3 Building Regulations drawings will be paid in advance on order for follow on project stages. We will aim to deliver the preliminary drawing within 3 weeks of order. Unforeseen delays due to workload or change of circumstance may occur and will not constitute any form of refund or cancellation of contract.
6.1.4 Large project building regulations and working drawings we be paid at set intervals agreed pre contract.
6.1.5 Project management will have a pre-determined fee schedule at set intervals/stages.
6.2 Printed/Posted Drawings Additional
6.2.1 A1 – £10.00, A2 – £7.00, A3 – £5.00 per sheet
6.3 Drawing Changes once approved
6.3.1 Changes to approved plans will be billed at £75 per hour, price can be agreed prior to commencement
6.4 Site visits
6.4.1 Site visits other than survey, project management or design meetings will be charged based on type of meeting,
distance etc with a minimum charge of £150.00.
6.5 Changes to Approved Plans
6.5.1 Where possible we will price additional work prior to commencement. Changes to approved planning and building regulations drawings or off brief will be to an agreed price or £75.00ph.
6.6 Late Payment
6.6.1 Late payment may incur additional charges for administration, designer down time and work schedule changes.
6.7 Cancellation
6.7.1 Prior to Survey you can cancel the project without charge. Once surveyed / commenced cancellation fees will apply up to the drawing stage or by hours (£75ph) completed towards the next payment stage.
6.7.2 Once drawing work towards design and or planning has commenced you will be charge 50% of the stage fee unless the drawings have been presented in which case the full payment will be payable.
6.7.3 Once building regulations has commenced cancellation will incur 75% of the Building Regulations fee unless the preliminary regulations drawings have been done and or presented, in which case the full stage fee will apply.
6.8 Exemptions (Unless Designed to Build Project)
6.8.1 Duty Holder – Unless appointed in writing CKA Yorkshire will not assume the role as principal designer / contractor once work commences on site. Your appointed builder / contractor takes on the role of principal contractor / designer and will be responsible for on site design changed, sizes, materials, health, and safety etc.
6.8.2 Unless appointed by written contract we will not assume the responsibility or role of principal designer past the design phase. The design phase meaning home design, planning drawings, and building regulations drawings / documents.
6.8.3 Our responsibility ends upon the full plans approval or conditional approval by building control and the handing over of principal designer compliance declaration.