Terms of business
Last updated: 28.04.2025
Our terms of business are generally in accordance with the RIBA domestic professional services contract for Architectural Services 2020 (2024 Amendment):
01 Entire Agreement
This agreement offers Markos Design Workshop (herein referred to as ‘The Architect’) the ability to perform the consulting services described in the attached Scope of Services. On acceptance by the Client, the Architect is strictly limited to the attached proposal and these Terms and Conditions for Architectural Services, which are authorised to proceed when acknowledged in writing. The Client is defined as the person or business entity signed in the Agreement, authorising the Architect to proceed. Both parties must agree in writing upon any changes or additions to the agreement.
This Agreement supersedes all prior written proposals and/or negotiations not referenced herein between the parties and is expressly conditioned upon the Client’s agreement to the Terms and Conditions hereof. This Agreement may only be modified in writing to be executed by both Parties.
02 Services to be Performed
The preceding Scope of Services and Fees describes the services to be performed. Unless otherwise specified in the Scope of Services and Fees or the Terms and Conditions, the Architect shall furnish all technical and professional services, including labour, materials, supplies, equipment, transportation and supervision, to perform all tasks listed in the Scope of Services and Fees and following the target schedule.
The execution by the architect of the principal designer role under the Construction Design and Management Regulations 2015 will end at the same time our services conclude unless otherwise agreed upon in writing in advance. To ensure clarity on this point, we will seek confirmation of your acceptance to proceed to the next stage of the project in writing (letter or email), at which time we will proceed with both our Architectural and Principal Designer services. At the time our involvement in the project terminates, we will provide or make available, upon request, the pre-construction information of the project to that date. After that, we will only undertake designer duties under CDM 2015 on any advice given.
The architect's duties will be undertaken with reasonable skill and care.
03 Client Responsibilities
The Client shall establish a project budget with reasonable contingencies that meet the project requirements before the Architect proceeds with the Scope of Services and Fees.
Cost estimates—Other than the indicative costs based on a meter squared rate, the Architect is not contracted to provide cost-estimating services. The Client shall employ a contractor or construction cost-estimating consultant to provide cost-estimating services. The Architect and its consultants do not warrant, guarantee, or certify the construction cost for the project or any part of it. Any project delays due to the client’s failure to provide necessary information will not be the responsibility of the Architect.
The Architect assumes that the Client shall be the Project Representative unless the Client notifies the Architect, in writing, that another Project Representative has been appointed within five (5) business days. The client is responsible for promptly providing MDW with all necessary information.
Compensation for the agreed-upon works is set out below. The client must also provide the necessary information promptly.
04 Compensation
Upon engagement, a non-refundable, irrevocable mobilisation fee is required before the commencement of services. Payments are invoiced prior to the start of each RIBA Workstage and are due immediately upon receipt of the invoice. In accordance with the Late Payment of Commercial Debts (Interest) Act 1998 and ARB guidelines, interest on overdue invoices for architectural services will be charged at 8% above the Bank of England base rate, calculated daily from the due date until full payment. Clients will be notified in writing of overdue payments and applicable interest. Markos Design Workshop cannot guarantee the continuation of services if payments are not received by the due dates. Payments are primarily made via bank transfer; however, in some circumstances, we can accept PayPal, with the PayPal fee passed on to the client, which at the time of writing is 2.90%.
05 Additional Services and Costs
The Client and the Architect shall approve all additional services in writing before proceeding. The following are additional services that are not specified above and are considered beyond the basic Scope of Services and Fees:
The following activities do not form part of the Services unless identified as ‘Other Services’ in writing:
Costing of the proposed works, other than a superficial costing based on an m² rate.
Models and special drawings.
Making submissions to and negotiating approvals by landlords, freeholders, etc.
Preparing a schedule of dilapidations.
Services in connection with Party Wall negotiations.
Negotiating a price with a contractor (instead of tendering).
Services are available in any dispute between the client and another party.
Services following damage by fire and other causes.
Services following suspension, termination of any contract or agreement with, or the insolvency of any other party providing services to the project.
Services in connection with the government and other grants.
Master Planning.
Redesign to meet project budget costs. The Client is responsible for establishing project budget costs and obtaining required cost estimates, other than indicative costs as set out in the Scope of Services and Fees.
Interior Design Services.
Landscape design services.
Party representation in dispute or legal proceedings.
Fees for Additional Services
Services related to changes in legislation, regulations, or planning policy after the date of this agreement are considered additional services.
The Architect may provide additional services beyond those listed in the Scope of Services and Fees by a negotiated sum or hourly rate. The Architect’s hourly rates are as follows:
Contract Administration/ Management Project Architect: £110 per hour
Project Architect: £110 per hour
Project Staff / Technician: £75 per hour
The hourly rates specified above are valid for one calendar year (1 January—31 December) and apply to all projects within that calendar year. They shall be reviewed annually and, if necessary, increased on the first day of the subsequent year to reflect market conditions, employee benefits, and salary compensation.
Reimbursable expenses shall include, but not be limited to, printing, reproductions, bulk copying, photographic services, long-distance telephone calls, postage, shipping, delivery, long-distance travel expenses, lodging, meals and/or other project-related out-of-pocket expenses. Items shall be reimbursed to the Architect at cost plus two and a half per cent (2.5%) unless a specific cost is listed below:
Travel mileage rate: £0.55 per mile
Travel will be charged at £30 per hour, based on the journey time predicted by Google Maps at the time of travel. The first 30 minutes of travel time will be provided free of charge.
We expect to incur and pass you a charge of approximately £30.00 (including VAT) to purchase Ordnance Survey data to prepare location plan drawings necessary for the Planning and Building Regulation applications. If the cost exceeds this, the Client will confirm this before purchase.
We have informed you that it might be necessary to appoint other consultants throughout the project to ensure design completion. These may include, but are not limited to, structural engineers, mechanical engineers, kitchen designers, landscape designers, interior design consultants, audio/video consultants, lighting designers, etc.
You will engage and pay the above consultants directly. Of course, we will help you commission such consultants and provide them with any required information.
The Client is responsible for paying all fees for statutory applications, including but not limited to all types of Planning and Listed Building Applications, Building Regulations Applications, etc.
06 Copyright
The Architect shall own the copyright of the drawings and documents produced in performing the services and generally assert the Architect’s moral rights to be identified as the author of such work.
Providing that all fees and/or other amounts properly due are paid, the Client shall have a licence to copy and use and allow other persons providing services to the project to copy and use the drawings and documents for purposes related to the construction of the project or its subsequent use or sale, but may not be used for reproduction of the design for any part of any extension of the project or any other project. The Architect shall not be liable for any use of the drawings and documents other than for the purpose they were prepared for. Reuse and/or modification of any such documents without the Architect’s written permission shall be at the Client’s sole risk. The Client agrees to indemnify and hold the Architect harmless from all claims, damages and expenses, including solicitor’s fees, arising from such reuse and/or modification by the Client or others acting through the Client. The license to use the drawings and documents is revocable and non-transferable without the architect's consent.
The Client may register no part of any design produced by the Architect without the Architect's written consent.
07 Publicity
The Architect and its consultants shall have the right to photograph the project and use the photographs to promote their professional service through publication, advertising, public relations, brochures, websites, or other marketing media.
08 Liability
Insurance – The architect shall maintain Professional Liability Insurance throughout the period of this Agreement. The maximum limit of our liability to the client in contract, tort or statutory duty for any one claim or series of claims arising from one event on this project is limited to the amount of your target cost for the building work and, in any case, limited to a total of £250,000. Any such liability will expire six years after completion of the services. Professional Indemnity Insurance coverage shall be maintained for this amount until the expiration of our liability. Liability does not extend to damages resulting from the use of third-party consultants or contractors hired directly by the client.
In the event of a claim for professional negligence, any such claim will be handled in accordance with the terms and exclusions of our Professional Indemnity Insurance. This includes, but is not limited to, exclusions for claims related to pollution, asbestos, and other hazards outlined in the insurance policy.
Certificates of insurance are available on request.
The Architect and the Client waive consequential damages for claims, disputes, and other matters arising from or relating to this agreement.
The Architect shall not be responsible for the identification, removal, testing and/or certification of removal for any hazardous substance including but not limited to; PCB, petroleum, mould infestation, hazardous waste, asbestos, lead, and other similar substances. The Architect and the Client acknowledge that the Scope of Services and Fees includes no items related to Hazardous Environmental Conditions.
Client's Responsibility for Claims Excess: In the event of a claim made under our Professional Indemnity Insurance, the Client agrees to cover the policy excess of £1,000 per claim. This excess applies to each and every claim or loss, excluding legal defence costs. The Client's liability for the excess will be triggered only in relation to claims made directly against services provided under this Agreement.
The Architect’s Professional Indemnity Insurance excludes claims related to cyber incidents, pollution, and asbestos. As such, the Architect shall not be held liable for any damages, claims, or losses arising from these excluded matters.
09 Disputes
MDW aims to provide a professional standard of service, but if you are not satisfied at any time, please bring the issue to Peter Markos’s attention as soon as possible, and we can discuss how to resolve the issue. However, if the resolution is not satisfactory, either of us can refer the matter to mediation, adjudication or the courts following:
In the event of any dispute or difference arising under the agreement, the parties may:
Attempt to settle the matter by negotiation or mediation; or,
Start court proceedings to settle the dispute at any time; or,
Have disputes decided within 21 days by an adjudicator appointed under the RIBA Adjudication Scheme for Consumer Contracts.
If appointed, the adjudicator may allocate between the parties the costs relating to the adjudication, including the adjudicator's fees and expenses. This Agreement shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Please also note that all work carried out by the Architect is under the supervision of an Architect, Peter Markos, who registered as such under the Architects Act 1997 with the Architects Registration Board (ARB) and is subject to the Architects Code: Standards of Conduct and Practice. The Client can refer any complaints to the ARB if the conduct or competence of the Architect falls short of the standards in the code.
10 Suspension or Termination
The Client may suspend or end the performance of the services and other obligations by giving at least 7 days’ written notice and stating why.
The Architect may suspend or end the performance of the services and other obligations by giving at least 7 days’ written notice and stating the reason for doing so. Such reasons include, but are not limited to, the Client’s failure to pay any fees or other amounts due by the date when payment is due. The Client shall pay the Architect for all services performed up to the date of suspension or termination, including any reimbursable expenses. This will be calculated pro rata or as per the stage of work completed, following the fee structure outlined in Section 04 (Compensation).
If the reason for a notice of suspension arises from a default:
Once remedied, the Architect shall resume the performance of the services and other obligations within a reasonable period or
If the defaulting party does not remedy this, the agreement will end by giving at least 7 days’ further written notice.
Where the Client suspends services and does not resume within 3 months, the Architect has the right to treat the performance of the services affected as ended on giving at least 7 days’ further written notice to the Client.
11 Consumer’s Right to Cancel
The Client (domestic client procuring works exclusively for their use and not for commercial gain) has the right to cancel this agreement from the date of signing for any reason by delivering or sending (including by electronic mail) a cancellation notice to the Architect at any time, within 7 days, starting from the date when this agreement was made.
The cancellation notice is deemed to be served as soon as it is posted or sent to the Architect, or in the case of an electronic communication, on the day it is sent to the Architect.
Suppose the Architect was instructed to perform any services before the agreement was made or before the end of the 7-day period, and the instruction or instructions were confirmed in writing. In that case, the Architect is entitled to any fees and expenses due before the Architect receives the notice of cancellation.
12 Force Majeure
Neither party shall be liable for any failure or delay in performing their obligations under this Agreement if such failure or delay is due to causes beyond their reasonable control, including but not limited to acts of war, terrorism, strikes, labour disputes, fire, flood, pandemic, governmental orders, or any other similar cause beyond the control of the affected party.
In the event of a force majeure, the affected party shall notify the other party as soon as practicable, providing details of the circumstances and the expected duration of the delay. Both parties shall use reasonable efforts to mitigate the effects of the force majeure and resume performance as soon as possible. Suppose the force majeure event continues for more than 60 days. In that case, either party may terminate the Agreement upon written notice to the other party without further liability, except for payment for services already rendered.
13 Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern these Terms of Business. Your use of the Application may also be subject to other local, state, national, or international laws.