W+W Architects

Clause 1: Introduction 

1.1 These Terms and Conditions constitute a comprehensive and binding agreement between the Client (hereinafter referred to as “the Client”) and Walsh + Walsh Architects Ltd. (hereinafter referred to as “the Architect”). This agreement is to be interpreted in conjunction with any and all supplementary documentation including, but not limited to, the Scope of Services, Fee Proposal, and any Letter of Appointment. This document incorporates and adheres to principles established by the Royal Institute of the Architects of Ireland (RIAI) and outlined in the guide ‘Working with an Architect’. 

Clause 2: Appointment and Scope of Work 

2.1 The Architect is duly appointed to provide architectural services, including advisory, conceptual, schematic, detailed design, statutory submissions, and contract administration services, as defined in the associated documentation and/or the RIAI Scope of Services Matrix. 

2.2 All professional services rendered shall be delivered with due skill, care, and diligence, in accordance with applicable legal, technical, and professional standards relevant within the jurisdiction of Ireland. 

2.3 Modifications or extensions to the originally agreed scope of works must be documented in writing and may, at the Architect’s discretion, necessitate a corresponding adjustment in the fee structure and/or timeframes for delivery. 

Clause 4: Fees, Payment Terms and Associated Liabilities 

4.1 The Architect’s fees shall be determined based on one or more of the following methods, as explicitly agreed with the Client: (a) a fixed lump sum; (b) time-based hourly charges; or (c) a percentage of the final or anticipated total construction cost, inclusive of VAT and applicable disbursements. 

4.2 Invoices will be issued on a monthly basis or in accordance with progress stages/milestones mutually agreed at the outset of the commission. Each invoice shall clearly indicate the services rendered, the period covered, and the amount due. 

4.3 The Client shall ensure that all payments are made in full within fourteen (14) calendar days from the date of issue of each invoice, without deduction or set-off unless previously agreed upon in writing by the Architect. 

4.4 In the event of late or withheld payment, the following structured penalties shall apply automatically and without need for further notification: 

4.4.1 For payments outstanding between fifteen (15) and thirty (30) calendar days, a surcharge of ten percent (10%) of the unpaid balance shall be levied. 

4.4.2 For payments overdue between thirty-one (31) and sixty (60) calendar days, the penalty shall increase to fifteen percent (15%) of the outstanding amount. 

4.4.3 For payments in arrears exceeding sixty (60) calendar days, a surcharge of twenty percent (20%) shall apply, with additional daily interest accruing at the prevailing statutory rate under the European Communities (Late Payment in Commercial Transactions) Regulations. 

4.5 The Architect reserves the unqualified right to suspend, delay or withhold all services if any invoice remains unpaid for more than thirty (30) calendar days from the date of issue. The Client hereby acknowledges that such suspension shall not constitute a breach of contract by the Architect. 

4.6 Resumption of services following suspension shall only occur upon full and cleared settlement of all overdue sums, including surcharges and accrued interest. Delays caused by such suspensions may result in revised project timelines and additional fees. 

4.7 The Client shall reimburse the Architect in full for any legal, administrative or recovery costs incurred as a result of debt recovery actions, including solicitor fees and agency charges. 

4.8 The Client acknowledges that disbursements, such as those related to third-party statutory bodies, specialist consultants, travel, reproduction, or courier services, shall be invoiced separately and paid in accordance with the Architect’s standard terms. 

Appendix A: Working with a RIAI-Registered Architect 

Working with an architect registered with the RIAI (Royal Institute of the Architects of Ireland) ensures a professional and qualified individual will be leading your project. They have the skills and experience to guide you through the building process, whether it’s designing your dream home or undertaking renovations. The RIAI provides resources and guidance on how to work with an architect, including a register of architects and a practice directory to find qualified professionals. 

Here’s a more detailed look at working with a RIAI-registered architect: 

Finding an Architect: The RIAI Practice Directory allows you to search for registered architects based on location, area of expertise, and services offered. You can also use the Register of Architects to verify if an individual is a registered architect. 

Importance of Early Involvement: Engaging an architect early in your project can save you time and money by helping you explore various design options and determine the most appropriate and cost-effective solution. 

Benefits of Working with an Architect: An architect can help you realize the full potential of your space, even on smaller projects like kitchen extensions or attic conversions. They can also assist with finding solutions to challenging site conditions and ensure efficient space planning. 

Clear Communication: It’s important to clearly identify who will be the primary contact point with the architect, contractor, and other project stakeholders to avoid confusion. 

Architects’ Code of Conduct: The RIAI’s Architects’ Code of Conduct outlines the responsibilities of architects to the public, clients, employers, and colleagues. It’s essential to understand this code to ensure the architect is acting ethically and professionally. 

Project Scope and Costs: Before starting, it’s crucial to discuss and agree on the scope of the project and the cost of architectural services, preferably in writing.