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About this agreement

The ACE Agreements C(1) and C(2) are intended for use when the consulting engineer is appointed by a design and construct contractor or sub-contractor for the provision of civiI/structural engineering services and the provision of mechanical and electrical engineering services respectively. This guidance Agreements C(1) and C(2) issued with this publication.
This edition revised February 2004
About ACE A
ACE is the business association for consultancy and engineering and represents over 750 companies, which employ over 35,000 - staff working in the built and natural environment. ACE member firms regularly win awards for the excellence of their work and are generally regarded as some of the most innovative consultancy and engineering companies in the world.
ACE Agreements are the industry standard contract documents for consultancy appointments. ACE membership demonstrates that a company has the experience and skills necessary to provide a high-quality service to clients. ACE'S code of conduct sets high standards and the distinctive ACE logo displayed on members' signboards is a recognised mark of quality and excellence To promote best practice and better ways of working in the industry, ACE also publishes a range of briefing notes and guidance documentation for both clients and consultants. Details of the information available is listed on the ACE website at www.acenet.co.uk
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For further information contact ACE, Alliance House, 1 2Caxton Street, London SW1H OQL Tel: 020 7222 6557, Fax: 020 7222 0750 email: consult@acenet.co.uk, website: www.acenet.co.uk
0 ACE. No part of this agreement may be copied or stored electronically without the expressed permission in writing of the ACE. ACE can accept no liability in respect of any use to which the Agreement may be put.
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ACE lobbies the UK Parliaments and national assemblies and the European Parliament and maintains regular contact with ministers and officials in order to influence legislation and promote the expertise of its members. ACE is active in the key UK industry organisations and is also the British member both of the European Federation of Engineering Consultancy Associations (EFCA) and FIDIC, the International Federation of Consulting Engineers.
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document should be used in conjunction with the ACE
ACE Agreements C(1) and C(2) 2002
General
1 The Memorandum of Agreement is a major element of the contract and contains all the spaces which must be filled in to create an Agreement for a specific commission. It is vitally important that it should be completed correctly in order to create a legally valid and comprehensive contract.
The Employer
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The Memorandum has been prepared on the assumption that Agreement C will be used for the provision of design services to a Contractor (or specialist sub-contractor) tendering for and possibly winning a design and construct contract or where certain defined services are to be provided to a design and construct Contractor. The identity of the Employer should therefore be clear and should be entered where shown. The Employer also needs to be identified because he is referred to in the Services and in the limitation of liability clauses. If his identity is not known by the time the Agreement is signed advice should be taken as to the consequential amendments that may be needed. The Project needs to be described. It is the totality of the work to be constructed. It may be a phase or stage of an overall scheme sufficient in itself to provide a useable outcome; it will normally include work in more than one discipline. The description of the Project should be in outline terms with quantitative data where possible. In describing the Project reference should be made (where applicable) to the Employers Requirements for a design and construct contract and to any brief provided by the Contractor to summarise his needs and giving the details needed by the Contractor and the Consultant. It is desirable for there to be such a brief. The Memorandum provides alternative statements: [The Employer has appointed or may appoint the Contractor as a contractor.] [The main contractor has appointed or may appoint the Contractor as a specialist sub-contractor in connection with the Project.] One of these should be deleted. The Memorandum to Agreement C(1) provides for alternative bases. In the first alternative the appointment is initially for pre-tender design and will continue through development of the post tender design if the Contractors tender is successful. If unsuccessful, the Contractor will pay for the pretender design services and the appointment will then be terminated. In the second alternative the appointment is for all the services which are listed at A1 6. The Memorandum to Agreement C(2) provides for one basis only: that the appointment is for the Services which are listed at A1 6.
The Project
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Appointment of Contractor
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A2: Appointment of Consultant

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A3 to A4: Information about the completion date, Other Consultants andlor Sub-Contractors
The insertion of the forecast completion date in A3 is to enable both parties to be aware of what the Employer intends. Other Consultants and/or Sub-Contractors appointed or proposed to be appointed by the Contractor in connection with the Project should be named in A4.
AS: The Works

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The Works are those aspects for the Project for which the Consultant has to provide services. Space is provided for this at A5. This is especially important where his responsibility does not include all the work in the particular discipline for the entire Project. Examples are restrictions to some phases only of a multi-phase project or in respect of work such as curtain walling or drainage which is sometimes covered by a structural engineer and at other times by an architect or a services engineer. A range of work elements is listed in A5, which should be amended by deletions or additions to show those work elements which are applicable for that commission.
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It is intended that the Agreement is signed before any work starts on a commission and thus prior to the preparation of a pre-tender design.
ACE Agreements C( 1 ) and C(2) 2002
A6 to A7: The Project Leader!and the Contract Manager

12 The names of the Consultants. Project Leader and the Contractors Contract Manager, whose designation is required by B2.7 and B3.5, should be recorded at A6 and A7.
A8 to A13: Limits of Liability, etc

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Limits and duration of liability, the levels and duration of PI1 and PLI cover and whether any annual aggregate limit will apply in respect of pollution and contamination cover should be discussed between Contractor and Consultant prior to completing A8 to A1 3. 87.1 is drafted on the basis that a limit of liability will be agreed with the Contractor and two options have been provided in A8, one of which must be deleted. The monetary amounts need to be completed, whichever option is used.
- Agreements C(1) and C(2) 2002
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Any limitation of liability clause must be reasonable if it is to be effective and the options are drafted on the basis that Consultants will have professional indemnity insurance on an each and every claim basis for all claims except those arising out of pollution and contamination risks, where there are generally annual aggregate limits on claims for these risks, although sometimes such claims are excluded altogether. Contractors and their Consultants need to be aware of this and both parties should discuss, agree and record in writing prior to any commission how pollution and contamination risks are carried.
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When considering the amount to be agreed per claim, this should be appropriate for the project and risks in question and not necessarily be the amount of the Consultants professional indemnity insurance cover. It may be appropriate for the aggregate limit for pollution and contamination claims to be less than the amount offered per claim to allow for the possibility that other clients of the Consultant may have pollution and contamination claims which have already reduced the aggregate amount available. The restriction in this option, that the maximum payable in any event is the amount (if any) recoverable under the professional indemnity insurance policy, restricts liability to the amount left at the time in question under the aggregate policy and this could be nothing (hence it is sometimes known as an evaporation clause). Option 2 excludes all liability for pollution and contamination claims but liability is otherwise limited to an amount to be agreed per claim. Such a clause is only appropriate where it has been agreed with the Contractor that the Consultant has responsibility to advise on pollution and contamination matters. This is necessary in order to explain why liability for pollution and Contamination is being excluded and to demonstrate the reasonableness7of the exclusion. B7.2 differs from the traditional joint and several formula and provides for net contribution, ie that the Consultant will be liable for only his fair share of the loss, taking into account his share of responsibility. This clause has been revised to reflect the House of Lords decision in the Cooperative Retail Services case. (For further details concerning this case see www.acenet.co.uk legal section.) A9 to A13 must record the period of the Consultants liability for claims, the amount of the professional indemnity insurance the Consultant will maintain, the period for which it is to be maintained, the annual aggregate amount of insurance for pollution and contamination claims that will be maintained and the amount of the public liability insurance which the Consultant will maintain. When considering the number of years to be inserted at A9 and A1 1, it must be remembered that by statute the time within which claims can be brought in respect of contracts signed under hand is six years from the date of breach, while for contracts signed under seal or as a deed it is 12 years. In Scotland, the time limits for claims is five years and ten years. However, any limitation on the time within which claims can be brought is also subject to the lLreasonablenesslItest and claims in tort for
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Option 1 provides a monetary limit per claim and an aggregate limit of an agreed monetary sum for pollution and contamination claims. That aggregate limit (or any balance left of that aggregate limit) is then further limited to the lesser of (i) the direct costs of clean up; or (ii) the amount recoverable under the Consultants professional indemnity insurance. If so agreed with the Contractor, the limitation restricting the amount to the direct costs of clean up can be omitted by deleting the words the lesser of fi) the direct costs reasonably incurred by the Employer in cleaning up the site of the Project or the Works as the case may be or any part thereof or (ii).
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ACE Agreements C( 1) and C(2) 2002
latent defects, for example, can be brought later than six years from the date of the breach. A limitation somewhere between six and 12 years may be considered reasonable, depending on the commission. Once a period is agreed the same period should be inserted in A1 1, ie the period for which the Consultant is obliged to maintain professional indemnity insurance. (Obviously it is prudent to continue to maintain professional indemnity insurance beyond that period, for example, to meet claims by third parties or under collateral warranties. However, there is no need to undertake an obligation to the Contractor to this effect.) In A9 and A1 1 of Agreement C(1), the option of substantial completion should be used for civil engineering projects and for structural projects it should be practical completion! In Agreement C(2) practical completion only is referred to. 22 Agreeing to maintain professional indemnity insurance in a certain sum is not the same as agreeing to limit the Consultants liability to that amount. That must be agreed separately.
A8 to A13: Limits of Liability, etc Amendments to Agreements C(l) and C(2) in 2004
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Since the publication of the Agreements 2002, professional indemnity insurance has excluded the liability of insurers for the effects of any act of terrorism. The definitions of terrorism differ in such policies. Further, cover for claims arising out of or in connection with asbestos is now available only on a very limited basis, if at all. The limitation of liability clauses in these Agreements have therefore been revised to take account of these new restrictions and in particular to limit the Consultants contractual liability to the Contractor in respect of terrorism and asbestos. As before, 87.1 is drafted on the basis that an overall limit of liability per claim will be agreed with the Contractor. This is set out in A8. A new 87.2 has been added to provide that in respect of any claim the amount payable will not exceed the amount recoverable under the Consultants professional indemnity insurance. This is dependent on the Consultant complying with his obligation to maintain insurance under 87.1 1 as is set out at the end of B7.2. B7.3 is the net contribution clause as described in paragraph 20. It has been expanded to include all consultants, advisers, contractors and sub-contractors involved in the Project. Terrorism is dealt with in the new A8A and B7.4. A8A states that the Consultant is not responsible for designing or advising on measures to prevent or mitigate the effect of acts of terrorism. If the Consultant is so designing or advising this clause would not of course be correct and A8A should be deleted. Further, the limitation of liability that follows (see below) may not be acceptable to the Contractor, despite the Consultant having no insurance in respect of the consequences of terrorism, in which case the Consultant would be well advised to take legal advice as to other steps he could take to limit liability in such circumstances. B7.4 then states that if, notwithstanding A8A if it is applicable, liability is incurred it shall not exceed the amount of insurance cover, if any. As already explained, there is in fact unlikely to be any such cover. This limitation of liability is already provided for by B7.2 but in view of the specific and recent exclusion of the consequences of terrorism from professional indemnity insurance, it has been thought sensible to set it out expressly in a separate clause, without prejudice to the generality of B7.2. B7.5 deals with claims in relation to asbestos. Liability shall not exceed the amount of cover available at the time the claim is made, again on the basis that the Consultant has complied with his obligation to maintain insurance. Again, this limitation of liability follows anyway from B7.2 but, as with terrorism, it has been thought sensible to set it out expressly, in view of possible changes to the scope of insurance cover affecting liability in connection with asbestos. It is important to remember that the limitations of liability in this agreement only limit liability to the Contractor and not to third parties and do not limit liability for death or personal injury at all (see B7.8). However, if it is clear that the Consultant has no contractual responsibility for, say, matters relating to terrorist acts or asbestos, it may be more difficult for a third party claim in respect of such matters to be made successfully against the Consultant.
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An indemnity from the Contractor inrespect of third party claims in relation to asbestos is included in B7.6. If the Consultant has failed to comply with his obligations to maintain insurance (or to
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report any claim timeously) the Contractors indemnity is limited to the excess of the amount which would have been so recoverable but for such breach. 33 These limitations of liability for terrorism and asbestos claims are considered to be reasonable, especially in view of the current difficulties in obtaining insurance cover against such claims. The limitations are conditional upon the Consultant complying with its obligations to maintain insurance in accordance with B7.11 and with the terms of that insurance. It is therefore hoped that the limitations would be upheld by the Courts if they were challenged under the Unfair Contract Terms Act 1977, though it is not possible to be sure of this. The basis of liability for claims in respect of pollution and contamination is as in the Agreements 2002 and the options are set out in A8B - see paragraphs 16 to 19. B7.9 is the same as B7.3 of the Agreements 2002 save that lndividual has been changed to Consultants Personnel in B7.9.
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87.1 1 (B7.5 in the Agreements 2002) - the obligation to maintain professional indemnity insurance - has been extended to refer to all other exceptions, exclusions, and limitations commonly included in such insurance and specifically states that there is no obligation to maintain such insurance for terrorism claims unless it becomes available at commercially reasonable rates.
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Paragraphs 21 and 22 apply equally to the revised conditions B7.10 to 87.1 3. Special considerations apply where Consultants acting for Contractors are asked to give collateral warranties to third parties. The interests of clients, employers and others are better protected by taking out project or latent defects insurance. Where however the Consultant agrees to give collateral warranties and the terms of those warranties before the commencement of the appointment this should be recorded in A1 4. The BPF forms of warranty are not suitable for where the Consultant is employed by a Contractor. The Construction Industry Council (CIC) is currently in the process of producing its own form for use when a Consultant is employed by a design and construct contractor. Once completed that form should be suitable for use. It must be remembered that there is no general obligation on Consultants to provide collateral warranties and their number (which should be as restricted as possible) and form are a matter for agreement. If requested later, warranties will normally be provided only on payment of additional fees or other consideration to reflect the additional costs and liabilities (87.14). In A1 5 the appropriate deletions or amendments must be made, depending on the applicable law. Schedule C, the Schedule of Services, lists various engineering duties to be performed by the Consultant under both Normal Services and Additional Services.
A14: Collateral Warranties

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A15: Applicable Law

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A16: Services
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Whichever Schedule is being used the Services should be checked carefully so that the Consultant records correctly in A1 6 those services he has agreed to undertake as Normal Services and those which will constitute Additional Services for that particular appointment. This will also depend on the nature of the commission undertaken for the Contractor - see paragraph 7 of this Guidance. If all of the duties in C1 to C3 of the Schedule to Agreement C(1) are to comprise the Normal Services for that appointment A16 does not need to be completed. If some are to be excluded and/or some Additional Services and/or any other services are to be included in Normal Services, A1 6 should be completed appropriately. The same principle applies to the Schedules C(I) and C(II) of Agreement
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Agreement C(1): The Services in Schedule C have not been substantially changed from those in the 1995 edition. Agreement C(2): The Services have been divided into two Schedules: C(I) Detailed Design Services and C(II) Performance Services. The services described as Normal Services in these two Schedules correspond roughly to the Abridged Duties and Performance Duties respectively in the 1981 Agreements 4A. One of these Schedules must be chosen.
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B7.12 (maintaining public liability insurance) and 87.1 3 (insurance documentation) are the same as B7.6 and 87.7 in the Agreements 2002.
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ACE Agreements C( 1) and C(2) 2002
C(2). Additional Services are then defined as being all those in C4 (if Agreement C(1) is being used) or C10 (if Agreement C(2) is being used) except for any that have been included as Normal Services and any other further services requested by the Contractor which the Consultant agrees to carry out. 43 In relation to Agreement C(2), the BSRIA Technical Note TN 22/97 gives guidance and examples as to what Coordination, Detailed Design, Record, Schematic and Sketch Drawings should contain. There is attached at the back of Agreement C(2) a table showing how the Work Stages referred to in Schedules C(I) and C(II) of Agreement C(2) now follow those in the RlBA Plan of Work. As the notes to the table explain, where the Consultant is employed to carry out Performance Services (Schedule C(II)) the services for the Tender Documentation and Tender Action Stage are carried out at the Outline Proposals Stage. Design in the table refers to the Contractors Detailed Design. The Stages in Agreement C(2) are described by the RlBA as follows: A
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Appraisal Stage Identification of Clients requirements and of possible constraints on development. Preparation of studies to enable the Client to decide whether to proceed and to select the probable procurement method. Strategic Briefing Preparation of Strategic Brief confirming key requirements and constraints. Identification of procedures, organisation structure and range of consultants and others to be engaged for the Project. Outline Proposals Commence development of Strategic Brief into full Project Brief. Preparation of Outline Proposals and estimate of cost. Review of procurement route. Detailed Proposals Complete development of the Project Brief. Preparation of Detailed Proposals. Application for full Development Control approval. Final Proposals Preparation of final proposals for the Project sufficient for co-ordination of all components and elements of the Project. Production Information F1 Preparation of production information in sufficient detail to enable a tender or tenders to be obtained. F2 Preparation of further production information required under the building contract.
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Tender Documentation Preparation and collation of tender documentation in sufficient detail to enable a tender or tenders to be obtained for the construction of the Project.
Tender Action Identification and evaluation of potential contractors and/or specialists for the construction of the Project. Obtaining and appraising tenders and submissions of recommendations to the Client. Mobilisation Letting the building contact, appointing the contractor. Issuing of production information to the contractor. Arranging site handover to the contractor. Construction to Practical Completion Administration of the building contract up to and including practical completion. Provision to the contractor of further information as and when reasonably required. After Practical Completion Administration of the building contract after practical completion. Making final inspection and settling the final account.
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Schedules C(I) and C(II) of Agreement C(2) have combined the Tender Documentation and Tender Action Stages. The Mobilisation, Construction to Practical Completion and After Practical Completion Stages are also combined and called Mobilisation, Construction and Completion Stage.
A17 to A20: Payment of Fees and Expenses

46 Spaces are provided in A1 7 to A1 9 to give precise details of the arrangements to apply. Particular care must be taken to transfer the wording given in this guidance without alteration to ensure that the arrangements are legally valid and comply with the Housing Grants, Construction and Regeneration Act (the Act). Details of the fee basis are to go in A17 and details about the instalment intervals and how sums due at those intervals are to be calculated are to go in A1 8 . Payment by instalments. for any fee basis is required by the Act for any commission over 45 days. These details are essential if the payment provisions of the Scheme for Construction Contracts, which are unsuitable for Consultants, are not to apply. The Act also provides that contracts must provide a date when payments becomedue and a final date for payment. 85.5.1 provides that payment becomes due on the submission of the Consultants invoice and that the final date for payment is 28 days thereafter. The provisions required by the Act in relation to notices of payment or where any payment is going to be withheld are in B5.5.2 and 85.5.3. Payment for Services may be as time based fees, lump sum or percentage fees and the chosen basis is to be set out in A17 (see below).
It is essential that the arrangements for time based fees be completed, irrespective of the arrangements made for payment for Normal Services, since payment for any Additional Services will be on time charges (unless otherwise agreed) and it is the basis for payment under B5.6 (Variations etc).
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If any basis other than those described in these Guidance Notes is chosen the Consultant should take advice on how to comply with the Act and whether any alterations are required to the Conditions.
If the fee is to be on a time basis, A1 7 should be completed as follows:
Time based fees

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53 A17.2 LevellGrade (e.g. Principal) LevellGrade (e.g. Senior Engineer) etc 54 55
A1 7.1 Payment of fees for Normal Services shall be on a time basis as set out in A 172.
The rates may be specified as stated hourly sums for listed levels or grades of staff. If so a suitable form of words for A1 7.2 is as follows:
The rates for time based fees where applicable shall be:
Rate per hour
If time based fees are to be revised annually, there should be added to A1 7.2 words such as:
Rates for the time based fees set out above shall remain fixed for one year from the effective date of this Agreement after which they shall be revised to reflect the annual increase in salary for the staff in question.
Instalments: The intervals for the payment of time based fees and the date from which they start (or the interval dates) should be agreed and recorded in A1 8.1. This will apply to the Normal Services if on a time basis but has to be completed in any event for Additional Services, and for additional payment under B5.6. The intervals should be given as monthly/quarterly (or as appropriate) from the effective date of this Agreement.
Lump sum fees
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The fee for the Normal Services may be agreed as a single lump sum which should be set out in A1 7.1. A suitable form of words is:
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A1 Z 1 Payment of fees for Normal Services shall be a lump sum of t 57

Alternatively the fee for Normal Services may be agreed as the total of lump sums for the various Stages set out in Schedule C. This should be set out in A1 7.1, A suitable form of words is:
A1Z1
Payment of fees for Normal Services shall be the total of the following lump sums
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on completion of the on completion of the on completion of the
(Note: the Stages referred to in A 17.1 must be those referred to in the applicable Services Schedule. The Work Stages referred to in Schedule C to Agreement C(1) are different from the Work Stages referred to in Schedule C(1) and C(I1) to Agreement C(2)).
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Instalments: The intervals for payment by instalments for lump sum fees and the date from which they start (or the interval dates) should be completed and recorded in A18.3 in order to comply with the Act. The amount also needs to be specified or capable of calculation. Where the lump sum fee is a single sum a suitable form of words is:
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A 18.3 Otherwise payment by instalments shall be in equal monthlylquarterly instalments from the effective date of this Agreement.
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Otherwise payment by instalments shall be as follows:

Date Amount
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Where the lump sum fee is to be the total of lump sums for the various Stages, the amount and the fact that it is to be invoiced on completion of each Stage should be stated e.g.:
A18.3 Otherwise payment by instalments shall be as follows:
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If instalments of the lump sum are to be paid during a Stage, this will need to be stated e.g.:
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A18.3 Otherwise payment by instalments shall be as follows:
Percentage fees If the fee is to be based on the final Works Cost or Project Cost, A17.1 should be completed as
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to be invoiced on completion of the Outline Proposals Stage.
. to be invoiced in equal monthlylquarterly instalments from the commencement of the Outline Proposals Stage to the completion of the Production Information Stage.
Payment of fees for Normal Services shall be Works CostlProject Cost.
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O o / of the final
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If the fee is to be based on estimates of the Works Cost or of the Project Cost made at the completion of various Stages, A1 7.1 should be completed as follows:
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Payment of fees for Normal Services shall be the percentage indicated below of the Works CostlProject Cost as calculated by reference to the Consultant's estimate of the Works CostlProject Cost at completion of the relevant Stage or Stages:
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Instalments:The intervals, the date from which they start and the amounts to be paid at those intervals must be put in A18.3. In these examples, they are calculated by reference to the Consultant's estimate of the Works Cost/Project Cost.
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A18.3 Otherwise payment by instalments shall be in monthlylquarterly instalments from the effective date of this Agreement. Such instalments shall be paid during the Stage or Stages of the Consultant's Services indicated below and shall be calculated by reference to the Consultant's estimate of the Works Cost/Project Cost and so that by the completion of the relevant Stage or Stages the cumulative total of all instalments then paid shall amount to the relevant cumulative proportion of the estimated total sum to become payable to the Consultant for the performance of Normal Services as follows:
Completion of Stage or Stages Stage Stage Stage Stage Percentage of the total Fee
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Where the percentage fee is based on estimates of the Works Cost or the Project Cost made at the completion of various Stages, a suitable form of words for A1 8.3 is:
A18.3 Otherwise payment by instalments shall be in monthlylquarterly instalments from the start of the relevant Stage. Such instalments shall be paid during the Stage or Stages set out in A 1 Z 1 and shall be calculated by reference to the Consultant's estimate of the Works CostlProject Cost.
The instalments so paid shall be no more than payments on account. Statements of the sum due to the Consultant shall be prepared at the completion of each Stage or Stages and shall be calculated by reference to the Consultant's estimate of the Works CostlProject
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The instalments so paid shall be no more than payments on account and a statement of the total sum due to the Consultant shall be prepared when the Works CostlProject Cost is fully known. Such statement, after giving credit to the Consultant for all instalments previously paid, shall state the balance (if any) due from the Contractor to the Consultant or from the Consultant to the Contractor, as the case may be, which balance shall be paid to or by the Consultant as the'case may require.
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Where the percentage fee is based on the final Works Cost/Project Cost a suitable form of words for A18.3 is:
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Cost at the completion of the relevant Stage or Stages. Such statements, after giving credit to the Contractor for all instalments previously paid, shall state the balance fif any) due from the Contractor to the Consultant or from the Consultant to the Contractor as the case may be which balance shall be paid to or by the Consultant as the case may require.
Add itiona I Services

67 85.2.2 provides that fees for Additional Services shall be on a time basis, unless a lump sum is agreed. A1 7.2 and A1 8.1 cover payment and instalments under time based fees. To comply with the Act in the event of a lump sum fee being agreed for Additional Services, the equivalent details required under A18.2 must also be agreed to provide for instalments and the amounts of those instalments. This will need to be done at the time the lump sum is agreed and should be recorded. The arrangement for payment of expenses should be specified in A1 9. The recovery of expenses may be dealt with in a number of ways, which may be different for Normal Services and Additional Services, e.g. at cost; at cost plus a handling charge; lump sum(s); a percentage of Works Cost or Project Cost; or none, the fee being inclusive of expenses. Refer to 85.3, which lists those expenses which will be paid for (unless agreed to the contrary, when the agreement reached between the Contractor and Consultant should be recorded in A1 9). Suitable forms of words have been included in the Memorandum. Instalments are due at either monthly or quarterly intervals and one should be deleted. If different intervals are to apply the wording should be amended accordingly but the words the amount invoiced. . . . . . I to the end should remain, to provide an amount as required by the Act.
Expenses
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A20: Rate of Interest 70 Interest has been provided for in A20. It is to be calculated in accordance with the Late Payment of Commercial Debts (Interest) Act 1998. This provides a reference rate for the six month period in which the debt becomes late to which is added the statutory rate of interest (currently 8%). The relevant rates can be found at www.payontime.co.uk.
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For further information contact
Association of Consulting Engineers Alliance House 12 Caxton Street London S W l H OQL
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Tel: 020 7222 6557
Fax: 020 7222 0750 Email: consult@acenet.co.uk Website: www.acenet.co.uk
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ACE Agreement C(2) 2002
Amendment Sheet (February 2004)

INTRODUCTION:
The liability provisions in ACE Agreements C(1) and C(2) (as well as those in Agreements A(1), A(2), B(1) and B(2) 2002) are being revised as professional indemnity insurance now excludes the liability of insurers for the effects of any act of terrorism. Further, cover for claims arising out of or in connection with asbestos is now available only on a very limited basis if at all - for further details see Guidance to ACE Agreements 2002 for use with Agreements C(1) and C(2) revised 2004 at paragraphs 23 to 38. It is necessary to attach this Amendment Sheet (February 2004) to Agreement C(2) and to complete the details in A8, A8A and A8B in this Amendment Sheet in lieu of those in A8 of Agreement C(2) 2002. The . revised Guidance gives assistance as to the completion of these paragraphs. There are some other minor and consequential amendments.
AM ENDMENTS:
The following amendments apply to the text of Agreement C(2) 2002 as follows:
A MEMORANDUM OF AGREEMENT
Amend the last sentence of the first paragraph so that it reads Save in respect of the benefits or rights conferred on the Consultants Personnel pursuant to 87.9 nothing in this Agreement confers or purports to confer on any third party any benefit or right to enforce any term of this Agreement pursuant to the Contracts (Rights of Third Parties) Act 1999.
A8
Delete both options of A 8 and substitute:
A8
The sum referred to in B7.1 in respect of the liability of the Consultant for any claim or series of claims arising out of the same occurrence or series of occurrences is E (B7.1 refers) The Consultant is not responsible under this Agreement or otherwise for designing or advising on or otherwise taking measures to prevent or mitigate the effect of any act of terrorism or any action that may be taken in controlling preventing suppressing or in any way relating to an act of terrorism.
A8A
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A8B
Notwithstanding anything to the contrary in this Agreement and without prejudice to any provision in this Agreement whereby liability is excluded or limited to a lesser amount: (a) the total liability of the Consultant in respect of all claims under or in connection with this Agreement arising out of or in connection with pollution and contamination shall not exceed in aggregate the sum of E
(b) such pollution or contamination liability as limited by the aggregate or balance thereof under (a) shall not exceed in respect of any one claim or series of claims arising out of the same occurrence or series of occurrences the lesser of (i) the direct costs reasonably incurred by the Employer in cleaning up the site of the Project or the Works as the case may be or any part thereof or (ii) the amount, if any, recoverable by the Consultant by way of indemnity against the claim or claims in question under any professional indemnity insurance taken out by the Consultant and in force at the time that the claim or claims or (if earlier) circumstances that may give rise to the claim or claims is or are reported to the
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insurers in question. Alternative (ii) shall not apply if no such amount is recoverable due to the Consultant having been in breach of his obligation under B7.11 or of the terms of any insurance maintained in accordance therewith or having failed to report the claim or such circumstances to the insurers in question timeously. Or
A9
Delete (87.4 refers) and substitute (87.1 0 refers).
A10 and A l l
Delete (B7.5 refers) and substitute (87.1 1 refers).
A1 1
Delete note
I1
Delete if not applicable - see Guidance on Completion
Delete one of the paragraphs A8B - see Guidance on Completion
A1 2
Delete A8 and substitute A8B.
Delete (B7.5 refers) and substitute (B7.11 refers).
A13
Delete (B7.6 refers) and substitute (87.1 2 refers).
A14
Delete (87.8 refers) and substitute (B7.14 refers).
B1 DEFINITIONS
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ConsultantsIntellectual Property Rights ConsultantsPersonnel
Delete the definition of Consultants Intellectual Property Rights and substitute: Any or all Intellectual Property Rights created, developed, embodied in or in connection with any drawing, report, specification, bill of quantity, calculation or other document and information prepared by or on behalf of the Consultant in connection with the Project for delivery to the Contractor.
Add after the definition of Consultants Intellectual Property Rights: Any employee or member of the Consultant, including any officer or director of a company or a member of a limited liability partnership.
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B CONDITIONS
at the foot of page 6 and substitute:
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A8B
The liability of the Consultant for any claim or claims arising out of or in connection with pollution and contamination is excluded. (87.7 refers)
Delete:
Individual
Any employee or member of the Consultant, including any officer or director of a company or a member of a limited liability partnership.
B3 OBLIGATIONS OF THE CLIENT
B7 LIABILITY, INSURANCE AND WARRANTIES

Delete B7.1 to 87.8 and substitute:
Limitat ion of Lia biIity

7.1
Notwithstanding anything to the contrary contained in this Agreement and without prejudice to any provision in this Agreement whereby liability is excluded or limited to a lesser amount, the liability of the Consultant under or in connection with this Agreement whether in contract or in tort, in negligence, for breach of statutory duty or otherwise for any claim or series of claims arising out of the same occurrence or series of occurrences shall not exceed the sum set out in A8.
Liability not to exceed amount of Insurance

7.2
Further and notwithstanding anything to the contrary contained in this Agreement and without prejudice to any provision in this Agreement whereby liability is excluded or limited to a lesser amount, the liability of the Consultant under or in connection with this Agreement whether in contract or in tort, in negligence, for breach of statutory duty or otherwise for any claim shall not exceed the amount, if any, recoverable by the Consultant by way of indemnity against the claim in question under professional indemnity insurance taken out by the Consultant and in force at the time that the claim or (if earlier) circumstances that may give rise to the claim is or are reported to the insurers in question. This limitation shall not apply if no such amount is recoverable due to the Consultant having been in breach of his obligations under B7.1 1 or the terms of any insurance maintained in accordance therewith or having failed to report any such claim or circumstances to the insurers in question timeously.
Net Contribution
7.3
Further and notwithstanding anything to the contrary contained in this Agreement and without prejudice to any provision in this Agreement whereby liability is excluded or limited to a lesser amount, the liability of the Consultant, if any, for any loss or damage (the loss and damage) shall not exceed such sum as it would be just and equitable for the Consultant to pay having regard to the extent of his responsibility for the loss and damage and on the assumptions that: (i) all other consultants and advisers, contractors and sub-contractors involved in the Project shall have provided contractual undertakings on terms no less onerous than those set out in B2.3 to the Contractor in respect of the carrying out of their obligations; (ii) there are no exclusions of or limitations of liability nor joint insurance or co-insurance provisions between the Contractor, the Employer and any other party referred to in this clause and any such other party who is responsible to any extent for the loss and damage is contractually liable to the Contractor for the loss and damage; and (iii) all the parties referred to in this clause have paid to the Contractor such proportion of the loss and damage which it would be just and equitable for them to pay having regard to the extent of their responsibility for the loss and damage.
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Terrorism
7.4
If notwithstanding A8A, if it is applicable, the Consultant incurs any liability under or in connection with this Agreement, whether in contract or in tort, in negligence, for breach of statutory duty or otherwise, for any claim arising out of or in connection with: (i) an act of terrorism or any action that may be taken in controlling preventing suppressing or in any way relating to an act of terrorism or (ii) any consequence whatsoever resulting directly or indirectly from an act of terrorism or from any action that may be taken in controlling preventing suppressing or in any way relating to an act of terrorism (regardless of any other contributory cause or event),
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Amend heading so that it reads OBLIGATIONS OF THE CONTRACTOR
Asbestos 7.5 Further and notwithstanding anything to the contrary contained in this Agreement and without prejudice to the generality of 87.2 and to any provision in this Agreement whereby liability is
Indemnity from the Contractor in relation to Asbestos Claims 7.6 The Contractor will indemnify the Consultant against liability for any claim for injury, death, loss or
damage wholly, partly, directly or indirectly arising out of or resulting from or associated in any way with asbestos or any product or waste that contains asbestos (including without limitation the costs of testing for, monitoring, abatement, mitigation, removal, remediation or disposal of any asbestos or product or waste that contains asbestos) in excess of the amount, if any, recoverable by the Consultant by way of indemnity against the claim in question under professional indemnity insurance taken out by the Consultant and in force at the time that the claim or (if earlier) circumstances that may give rise to the claim is or are reported to the insurers in question or, in the event that no such amount is recoverable due to the Consultant having been in breach of his obligations under 87.11 or of the terms of any insurance maintained in accordance therewith or having failed to report the claim or such circumstances to the insurers in question timeously, the Contractor will indemnify the Consultant against any such liability in excess of the amount which would have been so recoverable but for such breach or failure.
Pollution and Contamination 7.7 The liability of the Consultant in respect of pollution and contamination is limited or excluded, as the case may be, in accordance with A8B. Liability for Death or Personal Injury 7.8 If the Contractor is an individual, no exclusion or limitation of liability in this Agreement shall affect
any liability for death or personal injury suffered by the Contractor.
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Liability of Employees 7.9 Save in respect of death or personal injury the Contractor shall look only to the Consultant (and not
to any of the Consultant's Personnel) for redress if the Contractor considers that there has been any breach of this Agreement. The Contractor agrees not to pursue any claims in contract tort or statute (including negligence) against any of the Consultant's Personnel as a result of carrying out its obligations under or in connection with this Agreement at any time and whether named expressly in this Agreement or not.
Limitation of Time within which to bring Claims 7 . 10 No action or proceedings under or in respect of this Agreement whether in contract or in tort or in
negligence or for breach of statutory duty or otherwise shall be commenced against the Consultant after the expiry of the period of liability stated in A9 or such earlier date as may be prescribed by law.
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excluded or limited to a lesser amount, any liability under or in connection with this Agreement, whether in contract or in tort, in negligence, for breach of statutory duty or otherwise, for any claim for loss or damage wholly, partly, directly or indirectly arising out of or resulting from or associated in any way with asbestos or any product or waste that contains asbestos (including without limitation the costs of testing for, monitoring, abatement, mitigation, removal, remediation or disposal of any asbestos or product or waste that contains asbestos) shall not exceed the amount, if any, recoverable by the Consultant by way of indemnity against the claim in question under professional indemnity insurance taken out by the Consultant and in force at the time that the claim or (if earlier) circumstances that may give rise to the claim is or are reported to the insurers in question. This limitation of liability shall not apply if no such amount is recoverable due to the Consultant having been in breach of his obligations under B7.11 or of the terms of any insurance maintained in accordance therewith or having failed to report the claim or such circumstances to the insurers in question timeously.
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such liability, notwithstanding anything to the contrary contained in this Agreement and without prejudice to the generality of 87.2and to any provision in this Agreement whereby liability is excluded or limited to a lesser amount, shall not exceed the amount, if any, recoverable by the Consultant by way of indemnity against the claim in question under professional indemnity insurance taken out by the Consultant and in force at the time that the claim or (if earlier) circumstances that may give rise to the claim is or are reported to the insurers in question. This limitation of liability shall not apply if no such amount is recoverable due to the Consultant having been in breach of his obligations under 87.11 or of the terms of any insurance maintained in accordance therewith or having failed to report any such claim or circumstances to the insurers in question timeously.
Professional Indemnity Insurance

7.1 1 The Consultant shall maintain professional indemnity insurance in an amount not less than that stated in A1 0 for any one occurrence or series of occurrences arising out of this Agreement and for the period stated in A1 1 provided that the Consultant shall not be obliged to maintain insurance in respect of pollution and contamination on the basis of any one occurrence or series of occurrences and provided that within the amount stated in A1 0 any annual aggregate stated in the relevant insurance policy in respect of claims for pollution and contamination shall not be less than the amount stated therefor in A1 2, and provided always that such professional indemnity insurance is available at commercially reasonable rates and subject to all exceptions, exclusions and limitation to the scope of cover that are commonly included in such insurance at the time the insurance is taken out or renewed, as the case may be. Without prejudice to the generality of the foregoing, the Consultant shall in particular not be under an obligation to take out or maintain insurance against liability in respect of terrorism unless and until such professional indemnity insurance is available at commercially reasonable rates. The Consultant shall immediately inform the Contractor if such professional indemnity insurance ceases to be available on the terms required by this Condition at commercially reasonable rates in order that the Contractor and the Consultant can discuss means of best protecting their respective positions in the absence of such professional indemnity insurance.
Public Liability Insurance
Insurance Documentation
7.1 3 As and when reasonably requested to do so by the Contractor, the Consultant shall produce for inspection brokers certificates to show that the insurance cover required under 87.1 1 and B7.12 is being maintained.
Collateral Warranties
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7.1 4 When the Contractor and the Consultant have so agreed before the commencement of the appointment, the Consultant shall enter into and provide collateral warranties for the benefit of other parties. It shall be a condition of the provision of such warranties that they shall give no greater benefit to those to whom they are issued in quantum, duration or otherwise than is given to the Contractor under the terms of this Agreement. Should the Contractor request alterations to the previously agreed terms or the execution of warranties in addition to those previously agreed, and the Consultant consents to such a request, these may be entered into and provided by the Consultant for such additional fee or other consideration as the parties may agree.
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7.1 2 The Consultant shall maintain public liability insurance covering the Consultant, his employees, agents and in respect of the acts of sub-consultants from the effective date of this Agreement until the completion of the Services in the sum stated in A1 3, provided always that such insurance is available at commercially reasonable rates.
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About this agreement

This ACE Agreement C(2) is intended for use when the consulting engineer is appointed by a design and construct contractor for the provision of mechanical and electrical engineering services. This agreement should be used in conjunction with the guidance document issued with this publication.
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About the Association of Consulting Engineers
The Association of Consulting Engineers (ACE) is the UK's leading trade association for engineering, technical and
management consultancies. Over 650 firms are members of the
ACE. This collective strength ensures that the voice of the ACE'S members is heard by Government, clients and all members of the supply chain in the UK, Europe and internationally. ACE lobbies the UK Parliaments and national assemblies and the European Parliament and maintains regular contact with ministers
and officials in order to influence legislation and promote the expertise of its members. ACE is active in the key UK industry organisations and is also the British member both of the European Federation of Engineering Consultancy Associations (EFCA) and
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FIDIC, the International Federation of Consulting Engineers.
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ACE member firms cover the entire range of construction, environmental and infrastructure projects and are responsible for some of the most innovative and high profile projects in the UK and internationally. For further information contact Association of Consulting Engineers, Alliance House, 12 Caxton Street, London SW1 H OQL Tel: 020 7222 6557, Fax: 020 7222 0750 Email: consult@acenet.co.uk, Website: www.acenet.co.uk
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This Agreement is published as a model form and the Memorandum must be completed to suit the requirements and, circumstances of the particular commission for which it is to be used. A separate Guidance booklet is provided with'each Agreement and its use is strongly recommended.
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The Association of Consulting Engineers can accept no liability in respect of any use to which the Agreement may be put.
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o Association of Consulting Engineers - No part of this Agreement may be copied or stored electronically without the express
permission in writing of the Association of Consulting Engineers.
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ASSOCIATION OF CONSULTING ENGINEERS AGREEMENT C(2) 2002 Mechanical and Electrical Engineering Services
Consultant Appointed by Design and Construct Contractor
CONTENTS
A MEMORANDUM OF AGREEMENT CONDIT1ONS
B
B1 82 B3 B4 B5 B6 87 88 B9
SCHEDULE OF SERVICES
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Definitions Obligations of Consultant Obligations of the Client Commencement , Termi nation, Suspension, Disrupt ion and DeI ay Payment Intellectual Property and Confidentiality Liability, Insurance and Warranties Disputes and Differences Notices
Additional Services C10 Additional Services to be performed by the Consultant C11 Additional Services to be performed by Others Schedule (I I) - Performance Services Normal Services C1 Appraisal Stage C2 Strategic Briefing Stage C3 Outline Proposals Stage C4 Detailed Proposals Stage C5 Final Proposals Stage C6 Production Information Stage C7 Tender Documentation and Tender Action Stage C8 Mobilisation, Construction and Completion Stage C9 General
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Schedule (1) - Detailed Design Services Normal Services C1 Appraisal Stage C2 Strategic Briefing Stage C3 Outline Proposals Stage C4 Detailed Proposals Stage C5 Final Proposals Stage C6 Production Information Stage C7 Tender Documentation and Tender Action Stage C8 Mobilisation, Construction and Completion Stage C9 General
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Additional Services C10 Additional Services to be performed by the Consultant C11 Additional Services to be performed by Others
RIBAIACE Work Stage Comparison
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Page 4 15 15 17 18 18 19 21 22 23 23 24 24 24 24 24 25 25 26 26 26 27 27 29 29 29 29 30 31 31 31 31 31 32 32 33 34
MEMORANDUM OF AGREEMENT made the ( ) d a y

BETWEEN
of
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("the ConsuIt antl').
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WHEREAS
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("the Employer")
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is proposing to
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This Agreement comprises
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[The Employer has appointed or may appoint the Contractor as a contractor]' [The main contractor has appointed or may appoint the Contractor as a specialist sub-contractor in connection with the Project]' to execute work under a design and construct contract, and the Contractor hereby appoints the Consultant to provide the professional services as described in this Agreement and the Consultant agrees to provide such professional services. Save in respect of the benefits or right conferred on individuals pursuant to 87.3 nothing in this Agreement confers or purports to confer on any third party any benefit or right to enforce any term of this Agreement pursuant to the Contracts (Rights of Third Parties) Act 1999.
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A: Memorandum of Agreement
6: Conditions
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3
79
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C: Schedule of Services
The Services to be performed under this Agreement shall be the professional mechanical and electrical engineering services listed at A1 6 in relation to those particular parts of the Project for which the Contractor has appointed him and comprising the work elements listed at A5.
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The intended date of completion of the Project is scheduled to b&\;
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A4)
The Contractor has appointed or proposes to appoint
and
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as Other Consultants and/or Sub-Contractors to provide professional services in connection with other aspects of the Project.
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The particular parts of the Project for which the Contractor has appointed the Consultant are
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and which shall comprise the following work elements ("the'xWorks")' Above Ground Drainage; Acoustical Design and Treatment in connection with the engineering Services; Air Compressors and Compressed Air Services; Air-conditioning and Mechanical Ventilation Services; Boiler Plants and Auxiliaries; Calorifer Plants; Clock Installations or Power and Containment for Clock Installations: Cold Water Services; Cooling-Water Services; Distribution Mains for any Services; Electrical Distribution Services; Electricity, Lighting and Power Installations, including Lighting; Fittings; Electrical Sub-Stations; Fire Detection and Alarm Services or Power and Containment for Fire Detection and Alarm Services; Fire Protection Services or Power and Containment for Fire Protection Services; Food Preparation, Cooking, Conveying and Serving Equipment or Power and Containment for Food Preparation, Cooking, Conveying and Serving Equipment; Fuel Gas Incoming Supply and Distribution; Heating Installations; Hot Water Services; Incoming Electrical Supplies; Laundry Equipment and Services; Lightning Protection Services; Lifts, Hoists and Escalators; Medical Gas Services; Medical Vacuum Services; Public Address, Personnellocation and Call Services or Power and Containment for Public Address; Personnel-locationand Call Services; Public health and Plumbing Services; Radio and Television Installations or Power and Containment for Radio and Television Installations; Refrigeration Installations and Cold Stores; Steam Services and Condensate-ReturnServices; Sterilising and Bedpan washing or Disposal Equipment; Street Lighting; Telephone Equipment and Distribution Services; Thermal Insulation; Vibration Control in connection with the engineering services; Water Treatment and Filtration.
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' Delete elements in respect of which the Services are not required and add others as necessary
; The Consultants Project Leader shall be (

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(62.7 refers)
The Contract Manager shall be
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Either
(63.5 refers)
The liability of the Consultant for any claim or series of claims arising out of the same occurrence or series of occurrences shall not exceed the sum of E provided that and without prejudice to the generality of the foregoing:
(a) the total liability of the Consultant in respect of all such claims under or in connection with this / Agreement arising out of or in connection with pollution and contamination shall not exceed in aggregate the sum of E
(b) such pollution or contamination liability as determined by the aggregate or balance thereof under (a) shall be further limited to the lesser of (i) the direct costsreasonably incurred by the \ Employer in clearing up the site of the Project or the Works as the case may be or any part \ thereof or (ii) the amount, if any, recoverable by the Consultant under any professional indemnity \ insurance policy taken out by the Consultant. ,
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The liability of the Consultant for any claim or claims arising out of or in connection with pollution and contamination is excluded. The liability of the Consultant for any claim or series of claims arising out of the same occurrence or series of occurrences shall not exceed the sum of
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The period of the Consultants liability is from the effective date hereof to date of practical completion of the Project.
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occurrence or series of occurrences is E
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The period for which Professional Indemnity Insurance is to be maintained is from the effective date \ hereof to years after the date of practical completion of the Project. \ (67.5 refers)
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(87.1 refers) years after the

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(B7.5 refers)
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When liability for pollution and contamination is not excluded under A8, within that amount of Professional Indemnity Insurance, the annual aggregate limit of cover in respect of pollution and contamination is E (87.5 refers)
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The amount of Public Liability Insurance to be carried by the Consultan/t is
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Warranties for the benefit of third parties are/are not to be provided.
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(B7.6 refefs)
(87.8 refers)
This Agreement shall be governed by and construed in all respects in accordance with the laws of England/Scotland2 and each party hereby submits to the non-exclusivejuhsdiction of the English/Scottish* courts.
A 1 9 For the purposes of this Agreement, Normal Services shall mean the Services set out in Schedule
C(I) Detailed Design Services/Schedule C(II) Performance Services3 CJ to Cg4
and Additional Services shall mean all Additional Servicesse\t out in C10 save for those if any listed above as Normal Services together with any other further services requested by the , Contractor and consented to by the Consultant.
L \ 1 3 Basis of payment of Fees5

17.1
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The rates for time based fees
Payment of fees for Normal Services shall be
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* Delete as applicable.
Delete as applicable
If a different law is to apply, amend as appropriate. Delete either Schedule C(I) Detailed Design Services or Schedule C(II) performance Services Complete as appropriate Refer to Guidance on Completion
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Payment by Instalments 18.1 Time based fees shall be paid by instalments and the amount due in each instalment shall be the sum calculated in accordance with 85.2.4 for the period in question. Fees for Additional Services shall (if a lump sum has been agreed) be paid by instalments from the date of commencement of the Additional Services. 18.3 Otherwise payment by instalments shall be
18.2
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Payment of Expenses 19.1
19.2
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Rate of Interest
Delete and complete as applicable.
Interest shall be calculated in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 and at the relevant reference rate plus the statutory rate of interest. (B5.5.1 refers)
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Expenses incurred in performing the Normal Services shall be paid at codpaid at cost plus a handling charge of %/paid as a lump sum of E /paid as
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( - -)
(- -)
of the Works Cost/Project Cost/included in the fee. Invoices for the recovery of expenses shall be submitted monthly/quarterly and the amount invoiced shall be the total of all expenses incurred during the interval in question.
Expenses incurred in performing Additional Services shall be paid at cost/paid at cost %/included in the fee. Invoices for the recovery of plus a handling charge of
expenses shall be submitted monthly/quarterlyl and the amount invoiced shall be the total of all expenses incurred during the interval in question.
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FOR EXECUTION OF THE AGREEMENT UNDER HAND

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The Contractor and the Consultant should sign below.
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SIGNED by or on behalf of the Contractor
SIGNED by or on behalf of the Consultant
FOR EXECUTIOI OF THE GREEMENT
S A DEED
The Contractor and the Consultant should sign below in the appropriate places, depending on whether they are doing so as companies, as partners, as members of a limited liability partnership or individuals.
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In Witness whereof the Parties have executed this Agreement as a Deed the day and year first before written. For use when the Contractor is a company
EXECUTED as a Deed by the Contractor by (Director)'
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and (DirectodSecretary)'
The Company Seal need not be affixed.
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Signatures of Director and Director or Company Secretary
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For use when the Consultant is a company

EXECUTED as a Deed by the Consultant
by
(Director)
Director2
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(Director/Secretary)
The Company Seal need not be affixed.
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Insert name and indicate offices of signatories.
Signatures of Director and Director or Company Secretary
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Director/Secretary2:
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For use when the Consultant is a limited liability partnership

Executed as a Deed by the Consultant by (Member)
and
(Member)
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Insert name of member of limited liability partnership

Signature of member of limited liability partnership
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Or, for use when the Consultant is a sole practitioner or partnership

SIGNED as a Deed by the Consultant:
by
(partner or sole practitioner) partner or sole practitioner2
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in the presence of3
by
in the presence of3
by
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in the presence of3
Insert name of signatory.
Signature of partner or sole practitioner. Name and address of witness. Signature of witness.
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(partner)
partner2
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witness4
FOR USE WHERE THE APPLICABLE LAW IS THAT OF SCOTLAND

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In witness whereof these presents together with Sections B and C and' executed as follows:
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who is director/secretary/person/partner authorised to sign these presents for and on behalf of the Contractor, before this witness3
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Occupation
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' Insert full details of any separate pages or schedules which are to form part of the document including the number of
pages if more than one. Also include full details on each annexation eg the names of the Contractor and the Consultant and the site, so as to clearly identify the annexation as referable to the Conditions. Insert full name of director/secretary/person or authorised signatory/partner of the Contractor Delete as applicable. A witness must know the person whose signature they are witnessing but preferably should have no interest in the document e.g. one signatory should not witness the signature of another signatory. If the usual signature of the witness is not hidher full name (eg if James Donald Smith's signature is Jim Smith) then the witness should state this (eg James Donald Smith [subscribing "Jim Smith"]).
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They are executed for and on behalf of the Contractor by being subscrjbed for and on behalf of the Contractor ( by2(
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Person authorised to sign for and,on behalf of the Contractor
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Witness3
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partnership. Delete as applicable. A witness must'know the person whose signature they are witnessing but preferably should have no interest in the document e.g. one signatory should not witness the signature of another signatory. If the usual signature of the witness is not hidher full name (eg if James Donald Smith's signature is Jim Smith) then the witness should state this (eg James Donald Smith [subscribing "Jim Smith"]).
B1 DEFINITIONS
The following definitions shall apply throughout this Agreement:
Brief
Builders Work Details
Builders Work Information
Consultant ConsuIta nt's IntellectuaI Property Rights
Contractor
Coordination Drawings
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Cost Plan Detailed Design Drawings Employer Individual
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Contract Manager
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As identified in the Memorandum of Agreement. Any and all Intellectual Property Rights created, developed, embodied in or in connection with any drawing, report, specification, bill of quantity, calculation or other document and information prepared by or on behalf of the Consultant in connection with the Project for delivery to the Client. As identified in the Memorandum of Agreement. As identified in the Memorandum of Agreement.
Add itionaI Services
As so described in A1 6.
A description of the requirements for the Works (which may also include information on the Project) and for the relevant Services to be performed by the Consultant. Drawings normally prepared by Contractors or Sub-Contractors based on Installation Drawings showing requirements for building works necessary to facilitate the installation of the Works (other than where it is appropriate to mark out on site). Drawings and/or schedules normally prepared by the Consultant to show the provisions required to accommodate the Works which significantly affect the design of the building structure fabric and external works. Such drawings and/or schedules should include requirements for foundations, bases and supporting structures for plant and equipment.
The person designated by the Contractor under B3.5 and named as such in A7, or his replacement appointed in accordance with B3.5.
Drawings showing the inter-relationship of two or more engineering services and their relation to the structure and architectural details. Such drawings should be provided to a scale of not less than 1 to 50 unless otherwise agreed and be prepared in such detail as to demonstrate that the engineering services will be properly separated from one another and can be satisfactorily installed and maintained. The Coordination Drawings shall, if the Consultant be so instructed, embrace other engineering services not designed by him. A document showing the estimated cost of all parts of the Project and how it is to be spent. Drawings showing the intended locations of plant items and service routes in such detail as to indicate the design intent. The Detailed Design Drawings will not indicate the precise position of services, but it should be feasible by using them to install the engineering services within the general routes indicated. It should be possible to produce Coordination Drawings and Installation Drawings without a major re-routing of those services.
Any employee or member of the Consultant, including any officer or director of a company or a member of a limited liability partnership.
Insolvency
Either party becoming bankrupt, going into liquidation (either voluntary or compulsory unless as part of a bona fide scheme of reconstruction or amalgamation),being dissolved, compounding with its creditors or having a receiver, administrative receiver or administrator appointed of the whole or any part of its assets. Drawings based on Tender Documentation and/or Coordination Drawings showing details of proposals by Contractors or Subcontractors for the execution of the Works. The Installation Drawings will be in such detail as to enable the Works to be installed. All intellectual and industrial property rights including (without limitation) patents, trade marks, service marks, registered designs, copyrights, database rights, design rights, moral rights or know-how, howsoever arising, whether or not registered and any other similar protected rights in any ountry and any applications for the registration or protection of such rights and all extensions thereof throughout the world. As so described in A1 6.
Installation Drawings
Intellectual Property Rights
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Normal Services Notice

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Other Consultants
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A notice given in accordance with B9.
Persons or firms other than the Consultant appointed or to be appointed by the Contractor to perform professional services in relation to the Project.
Project Project Cost
As identified in the Memorandum of Agreement.
The total amount paid to the Contractor for executing the Project; in calculating the said total amount no deduction shall be made for any liquidated damages paid by the Contractor.
Project Leader Record Drawings
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The person designated by the Consultant under B2.7 and named as such in A6, or his replacement appointed in accordance with B2.7. Drawings normally prepared by a Sub-Contractor in order to provide the Client with a record of the Works as installed.
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Schematic Drawings
Drawings defining the interconnection of components in a complex system. The Schematic Drawings may be two dimensional layouts to show the distribution of the system between building levels and/or isometric style layouts. The Schematic Drawings should include all functional components which make up the system and be labelled with appropriate pipe, cable and duct sizes. The totality of Normal Services and Additional Services. Drawings produced for the purpose of explaining how the components of the designs are to be fabricated. Line diagrams and layouts indicating basic proposals, locations of main items of plant, routes of main pipes, air ducts and cable runs in such detail as to illustrate the incorporation of the engineering services within the Project as a whole. The stages for the performance of the Services as described in the Schedule of Services. A person or firm appointed by or on behalf of a Contractor to execute part of the Project or of the Works or to manufacture or supply material for incorporation therein.
Services
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Shop Drawings Sketch Drawings , Stages
Sub-Contractor
Tender Documentat ion
Drawings and other documentation by or for the Contractor to enable Sub-Contractors to interpret the design for the Project or the Works and to submit tenders to the Contractor for all or any part of the Works. As so described in A5. The total amount paid to the Contractor for executing the Works and all its constituent parts including attendance and profit and the cost of preliminary and general items in the proportion that the Works Cost bears to the Project Cost but without making any deductions for any liquidated damages paid by the Contractor.
Works Works Cost
Headings are explantory and do not form part of the Conditions.
B2 OBLIGATIONS OF THE CONSULTANT

Noma1 Services
2.1
The Consultant shall perform the Normal Services.
Additional Services
2.2
The Consultant shall perform such Additional Services as may be requested or consented to by the Contractor.
Skill and Care

2.3
The Consultant shall exercise reasonable skill, care and diligence in the performance of the Services.
Assignment
2.4
The Consultant shall not, without the written consent of the Contractor which consent shall not unreasonably be delayed or withheld, assign or transfer any benefit or obligation under this Agreement.
2.5
The Consultant may recommend to the Contractor that the Consultant sub-lets to a specialist sub-consultant the performance of any of the Services. The Contractor shall not unreasonably withhold consent to such recommendation and the Consultant shall integrate such sub-consultant's services with his own. The Consultant shall be responsible for the performance and the payment of any sub-consultant.
Design by Sub-Contractors
2.6
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Project Leader
2.7
The Consultant may recommend to the Contractor that the detailed design of any part of the Works should be carried out by a Sub-Contractor and the Contractor shall not unreasonably withhold consent to such recommendation. The Consultant shall examine that detailed design in respect of conformity with the Consultant's design and in particular in respect of general dimensions, structural adequacy of members and connections and compliance with performance criteria. The Consultant shall integrate that detailed design into his own design. The Consultant shall not be responsible for such detailed design or liable for defects in or omissions from it. The Consultant shall not be required to examine the design of any proprietary products manufactured or supplied by Sub-Contractors.
The Consultant shall designate a Project Leader who shall be deemed to have authority to make decisions on behalf of the Consultant under this Agreement. The Project Leader shall not be replaced without the consent of the Contractor, which consent shall not unreasonably be delayed or withheld.
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Specialist Sub-Consultants
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Time1iness
2.8 All requests to the Contractor by the Consultant for information, assistance or decisions required in accordance with B3.1, B3.2 and B3.3 shall be made in a timely fashion. Subject always to conditions beyond his reasonable control, (including acts or omissions of the Contractor or third parties) the Consultant shall use reasonable endeavours to perform the Services in accordance with any programme agreed with the Consultant from time to time.
Authority
..
B3 OBLIGATIONS OF THE CLIENT

Information needed by the Consultant
3.1
The Contractor shall supply to the Consultant, without charge and in such time so as not to delay or disrupt the performance by the Consultant of the Services, all necessary and relevant data and information (including the details of the services to be performed by any Other Consultants) in the possession of the Contractor, his agents, servants, Other Consultants or Sub-Contractors.
Assistance
3.2
Decisions
3.3
The Contractor shall ensure that his decisions, instructions, consents or approvals on or to all matters properly referred to him shall be given in such reasonable time so as not to delay or disrupt the performance of the Services by the Consultant.
Assignment
3.4
The Contractor shall not, without the written consent of the Consultant which consent shall not unreasonably be delayed or withheld, assign or transfer any benefit or obligation under this Agreement.
Contract Manager
3.5
The Contractor shall designate a Contract Manager who shall be deemed to have authority to make decisions on behalf of the Contractor under this Agreement. The Contractor shall notify the Consultant immediately if the Contract Manager is replaced.
B4 COMMENCEMENT, TERMINATION, SUSPENSION, DISRUPTION AND DELAY

Duration of Appointment
4.1 Notwithstanding the date stated in the Memorandum of Agreement, the effective date of the appointment of the Consultant shall be the date upon which the Memorandum of Agreement was executed by the parties or the date when the Consultant shall have first commenced performance of the Services, whichever is the earlier. Unless terminated, the appointment of the Consultant shall be concluded when the Consultant has performed the Services required under this Agreement.
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4.2 4.3
Termination by the Consultant in Certain Circumstances

If circumstances arise for which the Consultant is not responsible and which he considers make it irresponsible for him to perform all or any part of the Services the Consultant shall be entitled to terminate his appointment by two weeks Notice in respect of all or such part of the Services.
The Contractor may at any time by Notice require the Consultant to suspend the performance of all or any part of the Services. On Notice of suspension of all or any part of the Services the Consultant shall cease such suspended Services in an orderly and economical manner compatible
Suspension by the Contractor
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The Contractor shall give, and shall procure that his agents, servants, Other Consultants and Subcontractors give, such assistance as shall reasonably be required by the Consultant in the performance of the Services.
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2.9
The Consultant shall not without the further approval of the Contractor alter the design once approved by the Contractor.
with a possible order to restart. If the suspension of the performance of all or any part of the Services exceeds six months in aggregate the Consultant may by giving four weeks' Notice treat the Works or that part of the Works as having been abandoned and the appointment of the Consultant in respect of all or any part of the Services affected shall be automatically terminated.
Termination by the Contractor following a Breach of this Agreement by the Consultant

4.4
Suspension by the Consultant

4.5
Upon the occurrence of any circumstance beyond the control of the Consultant which is such as to prevent or significantly impede the performance by the Consultant of the Services under this Agreement, the Consultant may without prejudice to any other remedy and upon not less than four weeks' Notice suspend for a period of up to six months the performance of the Services under this Agreement in respect of all or such part or parts of the Works as are affected and at the expiry of the said period of suspension either continue with the performance of the Services under this Agreement or if he is still prevented from performing such Services for reasons beyond his control terminate his appointment forthwith by a further Notice in respect of all or any part of the Services affected.
Termination by the Consultant following a Breach of this Agreement by the Contractor

4.6
In the event of a breach of this Agreement by the Contractor the Consultant may give two weeks' Notice of his intention to terminate the appointment of the Consultant setting out the acts or omissions of the Contractor relied upon as evidence of such breach. If the Contractor does not, to the reasonable satisfaction of the Consultant, take expeditious steps to repair the breach during the notice period the Consultant may forthwith on the expiry of the notice period terminate the appointment of the Consultant by a further Notice. Notwithstanding the foregoing, in the event of the failure of the Contractor to make any payment properly due to the Consultant in accordance with the provisions of B5 by the final date for payment the Consultant may, upon not less than two weeks' Notice, terminate his appointment.
4.7
The appointment of the Consultant may be terminated in the event of Insolvency of either party. Notice of termination must be given to the party which is insolvent by the other party.
Accrued Rights
4.8
Termination of the Consultant's appointment under this Agreement shall not prejudice or affect the accrued rights or claims of either party to this Agreement.
B5 PAYMENT
5.1
Payment of Fees and Expenses
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Fees
5.2
Payment by the Contractor to the Consultant for the performance of the Services shall comprise fees and if so agreed expenses.
Normal Services
5.2.1 Fees for the performance of the Normal Services shall be paid in accordance with these Conditions and A1 7.1 and A1 8.
Additional Services
5.2.2 Fees for the performance of Additional Services if any shall unless otherwise agreed be time based and paid in accordance with these Conditions and A1 7.2 and A1 8.1, save that the instalments shall start at the next instalment date provided by A1 8.1. If a lump sum fee has been agreed, it shall be paid in accordance with A1 8.2.
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Insolvency
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In the event of a breach of this Agreement by the Consultant the Contractor may give two weeks' Notice of his intention to terminate the appointment of the Consultant setting out the acts or omissions of the Consultant relied upon as evidence of such breach. If the Consultant does not, to the reasonable satisfaction of the Contractor, take expeditious steps to repair the breach during the notice period the Contractor may forthwith on the expiry of the notice period terminate the appointment of the Consultant by a further Notice.
Services performed by Others

5.2.3 Where the Consultant has arranged for the performance by others on behalf of the Contractor of any of the services specified in C11 , the Contractor shall pay direct to such person or persons their fees and expenses for performing such services. The Consultant shall obtain the prior agreement of the Contractor to the arrangements which he proposes to make as agent for the Contractor for the performance by others of any of the services specified in C1 1.
Time Based Fees
5.2.4 Where time based fees are to be paid, they shall be at the rates set out in A1 7.2 and calculated by multiplying the hourly or daily rates applicable to the persons concerned by the number of hours or days (as the case may be) spent by such persons in performing the Services, including time spent in travelling in connection with the Project or the Works. Payment shall be by instalments in accordance with A1 8.1.
Lump Sum Fees
5.2.5 Where lump sum fees are to be paid they shall be as set out in A1 7.1 with payment by instalments in accordance with A1 8.3.
Percentage Fees
Expenses
5.3
Unless included in the fees, the Contractor shall pay the Consultant's expenses incurred in performing the Services in accordance with A1 9. Unless otherwise agreed, expenses shall comprise those payments reasonably and properly made by the Consultant for: (i) printing, reproduction and purchase of documents, maps, records and photographs; (ii) courier charges; (iii) travelling, hotel expenses and subsistence payments; (iv) any other expenses for which repayment is authorised.
5.4
Notwithstanding anything to the contrary contained in this Agreement, the Contractor shall pay the Consultant for any fees, costs or charges paid by the Consultant to local or other authorities for seeking and obtaining statutory permissions.
Time for Payment

5.5
Due Date and Final Date
5.5.1 Payments due to the Consultant under this Agreement shall become due for payment on submission of the Consultant's invoice therefor and the final date for payment shall be 28 days thereafter. Interest shall be added to.all amounts remaining unpaid thereafter as set out in A20.
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Notice of Payment Notice of Withholding
.
.
5.5.2 The Contractor shall not later than five days after the date on which a payment becomes due from him under this Agreement or would have become due if: (i) Consultant had carried out his obligations under this Agreement, and (ii) no set off or abatement was permitted by reference to any sum claimed to be due under one or more other contracts
give a Notice specifying the amount (if any) of the payment made or proposed to be made and the basis on which that amount was calculated.
5.5.3 The Contractor may not withhold any payment after the final date for payment of any sum due
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Local Authority Charges
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5.2.6 Where payment is to be based on the final Works Cost/Project Cost, the fee shall be the percentage of the final Works Cost/Project Cost set out in A1 7.1 with payment by instalments in accordance with A1 8.3.
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under this Agreement unless he gives, not later than seven days before such final date, a Notice specifying the amount proposed to be withheld and the ground for withholding payment or if there is more than one ground, each ground and the amount attributable to it.
Variation or Disruption of Consultants Work

5.6
If the Consultant has to carry out additional work and/or suffers disruption in the performance of the Services because:
Effect of Termination or Suspension

5.7
Further Payments
5.8
Further payments due to the Consultant in accordance with B5.4, B5.6 and B5.7 shall be invoiced with the next account to be presented by the Consultant.
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VAT
5.9 6.1
All sums due under this Agreement are exclusive of Value Added Tax, the amount of which shall be paid by the Contractor to the Consultant at the rate and in the manner prescribed by law.
B6 INTELLECTUAL PROPERTY AND CONFIDENTIALITY

The Consultants Intellectual Property Rights shall, as the case may be, vest in or remain vested in the Consultant but the Contractor shall have a licence to use the Consultants Intellectual Property Rights for any purpose related to the Project. Such licence shall enable the Contractor to use the Consultants Intellectual Property Rights for the extension of the Project but such use shall not include a licence to reproduce the designs contained therein for any extension of the Project. In the
Consultants Intellectual Property Rights
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In the event of any termination or suspension by the Contractor or the Consultant in accordance with 8 4 other than termination by the Contractor following breach of this Agreement by the Consultant or Insolvency of either party the Contractor shall pay the Consultant a fair and reasonable amount on account of the fees due under B5 commensurate with the Services performed to the date of such termination or suspension and any outstanding expenses together with a sum for loss and costs of disruption (calculated on the basis of the loss to the Consultant and costs to which the Consultant is committed in respect of planned future work on the Works). In the event of any termination by the Contractor following breach of this Agreement by the Consultant or Insolvency of either party in accordance with B4 the Contractor shall pay the Consultant a fair and reasonable amount on account of the fees due under 8 5 commensurate with the Services performed to the date of termination and any outstanding expenses.
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the Contractor shall make an additional payment to the Consultant in respect of the additional work carried out and additional resources employed (unless and to the extent that the additional work has been occasioned by the failure of the Consultant to exercise reasonable skill, care and diligence) and/or the disruption suffered. The additional payment shall be calculated (unless otherwise agreed) on the basis of time based fees set out in A1 7.2 with payment by instalments in accordance with A1 8.1 save that the instalments shall start at the next instalment date provided by A1 8.1 The Consultant shall advise the Contractor when he becomes aware that any such additional work shall be required or disruption shall be suffered and shall if so requested by the Contractor give an initial estimate of the additional payment likely to be incurred. Where the Contractor requires that payment for such additional work or disruption is to be in the form of lump sums, these lump sums and the intervals at which instalments shall be paid and the amounts of each instalment should be agreed prior to the additional work being commenced. For the avoidance of doubt it is hereby agreed that if the Consultant carries out any work which subsequently becomes redundant the Contractor shall (unless otherwise agreed) pay the Consultant therefor on the basis of time based fees as herein set out.
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(i) the Project or the Works or Brief is or are varied by the Employer or the Contractor; or (ii) of any delay by the Contractor in fulfilling his obligations or in taking any other step necessary for the execution of the Project or the Works; or (iii) the Consultant is delayed by others (or by events which were not reasonably foreseeable); or (iv) the Project or the Works is damaged or destroyed; or (v) of other reasons beyond the control of the Consultant

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Publication and Confidentiality

6.2
The Consultant shall not, without written consent of the Contractor, publish alone or in conjunction with any other person any articles, photographs or other illustrations relating to the Project. Neither party shall disclose to any other person any private or confidential information unless so authorised by the other party save in the proper course of his duties or as required or permitted by law.
B7 LIABILITY, INSURANCE AND WARRANTIES

limitation of liability
7.1
Net Contribution
7.2
Subject to B7.1 but notwithstanding otherwise anything to the contrary contained in this Agreement, such liability of the Consultant for any claim or claims shall be further limited to such sum as it would be just and equitable for the Consultant to pay having regard to his responsibility for the loss or damage suffered as a result of the occurrence or series of occurrences in question (the loss and damage) and on the assumptions that: (i) all Other Consultants and all Sub-Contractors shall have provided contractual undertakings on terms no less onerous than those set out in B2.3 to the Contractor in respect of the carrying out of their obligations; (ii) there are no exclusions of or limitations of liability nor joint insurance or co-insurance provisions between the Contractor, the Employer and any other party referred to in this clause and any such party who is responsible to any extent for the loss and damage is contractually liable to the Contractor for the loss and damage; and (iii) all Other Consultants and all Sub-Contractors have paid to the Contractor such proportion of the loss and damage which it would be just and equitable for them to pay having regard to the extent of their responsibility for the loss and damage.
liability of Employees
7.3
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7.4 7.5
Save in respect of death or personal injury the Contractor shall look only to the Consultant (and not to any Individual) for redress if the Contractor considers that there has been any breach of this Agreement. The Contractor agrees not to pursue any claims in contract tort or statute (including negligence) against any Individual as a result of carrying out its obligations under or in connection with this Agreement at any time and whether named expressly in this Agreement or not.
limitation of Time within which to bring Claims

No action or proceedings under or in respect of this Agreement whether in contract or in tort or in negligence or for breach of statutory duty or otherwise shall be commenced against the Consultant after the expiry of the period of liability stated in A9 or such earlier date as may be prescribed by law.
Professional Indemnity Insurance

The Consultant shall maintain professional indemnity insurance in an amount not less than that stated in A1 0 for any one occurrence or series of occurrences arising out of this Agreement and for the period stated in A1 1, provided that within that amount any annual aggregate stated in the relevant insurance policy in respect of claims for pollution and contamination shall be not less than the amount stated therefor in A1 2, and provided always that such insurance is available at commercially reasonable rates. The Consultant shall immediately inform the Contractor if such insurance ceases to be available on the terms required by this Condition at commercially
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Notwithstanding anything to the contrary contained in this Agreement, the liability of the Consultant under or in connection with this Agreement whether in contract or in tort, in negligence, for breach of statutory duty or otherwise (other than in respect of personal injury or death) shall not exceed the sum or sums recoverable under A8.
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event of the Contractor being in default of payment of any fees or other amounts due under this Agreement the Consultant may revoke the licence granted herein on giving seven days Notice. Save as above, the Contractor shall not make copies of any of the Consultants drawings or other documents or information, nor shall he use any of the Consultants Intellectual Property Rights in connection with any other works without the prior written approval of the Consultant which shall not unreasonably be withheld and upon such terms as may be agreed between the Contractor and the Consultant. The Consultant shall not be liable for the use by any person of any of the Consultants Intellectual Property Rights for any purpose other than that for which the same were prepared by or on behalf of the Consultant.
reasonable rates in order that the Contractor and the Consultant can discuss means of best protecting their respective positions in the absence of such insurance.
Public Liability Insurance

7.6 The Consultant shall maintain public liability insurance covering the Consultant, his employees, agents and in respect of the acts of sub-consultants from the effective date of this Agreement until the completion of the Services in the sum stated in A1 3, provided always that such insurance is available at commercially reasonable rates.
Insurance Documentation
7.7
As and when reasonably requested to do so by the Contractor, the Consultant shall produce for inspection brokers certificates to show that the insurance cover required under B7.5 and 87.6 is being maintained.
Collateral Warranties
7.8
88 DISPUTES AND DIFFERENCES

Mediation
8.1
The parties shall attempt in good faith to settle any dispute by mediation.
Adj udicat ion

8.2
B9 NOTICES
9.1
Any Notice to be given under this Agreement shall be in writing and given by sending the same by fax or by first class letter to the Contractor or the Consultant at the appropriate address as shown on the Memorandum of Agreement. Notices shall take effect when they have been received by the Contractor or the Consultant as the case may be.
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Where this Agreement is a construction contract within the meaning of the Housing Grants, Construction and Regeneration Act 1996 either party may refer any dispute arising under this Agreement to adjudication in accordance with the Construction Industry Council Model Adjudication Procedure.
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When the Contractor and the Consultant have so agreed before the commencement of the appointment, the Consultant shall enter into and provide collateral warranties for the benefit of other parties. It shall be a condition of the provision of such warranties that they shall give no greater benefit to those to whom they are issued in quantum, duration or otherwise than is given to the Contractor under the terms of this Agreement. Should the Contractor request alterations to the previously agreed terms or the execution of warranties in addition to those previously agreed, and the Consultant consents to such a request, these may be entered into and provided by the Consultant for such additional fee or other consideration as the parties may agree.
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SCHEDULE (I)
- DETAILED DESIGN SERVICES
Cl-C9 NORMAL SERVICES
1.1
I
Seek the Brief and instructions from the Contractor describing his requirements in respect of the Works, what they are intended to achieve, their cost and programme. Discuss with the Contractor the role of the Consultant and his relationship with any Other Consultants, the various Sub-Contractors and any planning supervisor appointed in accordance with the Construction (Design and Management) Regulations.
1.2
1.3
Discuss with the Contractor the requirements if any for site staff; these shall be considered again prior to and following the appointment of the Contractor by the Employer.
C2
2.1 2.2
Strategic Briefing Stage
Seek from the Contractor all information and documents to be provided by the Contractor under 83.1. Obtain such information as is reasonably available from documents on the existence and extent of public services such as water, gas, electricity, sewerage and telecommunications services and comment to the Contractor on any effect that these may have on the Works, both during construction of the Works and on completion. Comment to the Contractor on any physical site restrictions which may affect the engineering options for the Works.
2.3
2.4
Collaborate with any Other Consultants in seeking from the Contractor any further information needed so that they can perform their services under their various agreements with the Contractor.
2.5 Collaborate with any Other Consultants in making initial recommendations to the Contractor on the
technical viability of the Works. 2.6 Seek the Contractor's consent to proceed to the Outline Proposals Stage.
C3
Outline Proposals Stage
After receiving the Contractor's consent to proceed to the Outline Proposal Stage: 3.1
Visit the site as necessary and study data and information relating to the Project and relevant to the Works which are reasonably accessible to the Consultant, and consider reports relating to the Works which have either been prepared by the Consultant or have been prepared by others and made available to the Consultant by the Contractor. Advise the Contractor on the need for arrangements to be made for and define the extent of topographical and dimensional surveys of the site, surveys to obtain details of construction in existence on or adjacent to the site, special investigations or model tests. Consult any local or other authorities about matters of principle in connection with the design of the Works. Consider alternative outline solutions for the Works.
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3.2 3.3 3.4 3.5
Develop the Contractor's Brief into a full Brief for the Works in consultation with the Contractor and any Other Consultants. Such Brief shall describe the Contractor's requirements in respect of the Services and both the Contractor and the Consultant shall work to the Brief. Discuss and agree with the Contractor any changes to the arrangements for payments to be made to the
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C1
Appraisal Stage
Consultant (as given in the Memorandum of Agreement) which may have become necessary as a result of changes to the Brief. 3.6 Provide sufficient preliminary information in relation to the Works in the form of advice, sketches, reports or outline specifications to enable any Other Consultant to prepare his outline proposals and assist any Other Consultant to prepare the outline Cost Plan. Provide an approximation at current prices of the overall cost of meeting the Contractors requirements for the Works based upon unit volume, unit area or similar available statistics.
3.7
3.8
After review, seek the Contractors approval of the outline proposals and the Contractors consent to proceed to the Detailed Proposals Stage.
C4
Detailed Proposals Stage
After receiving the Contractors approval of the outline proposals and the Contractors consent to proceed to the Detailed Proposals Stage: 4.1
Liaise as may be necessary with any Other Consultants to agree a programme for the whole of the design and construction of the Works.
4.3
Negotiate with public and other utility authorities for provision of necessary incoming services.
4.4 . . Prepare such representative sketches, drawings, specifications, and/or calculations in respect of the Works as are necessary to enable any Other Consultant to prepare the Cost Plan. 4.5 Provide by way of Sketch Drawings or schedules the structural planning requirements for the engineering services showing locations and approximate sizes of plant rooms, major items of plant, major ducts and service runs and provide the approximate weight of any item affecting the structural design. Assess and prepare preliminary schedules of power, heating and cooling loads as applicable. Receive from the architect through the Contractor tQe thermal performance standards for the facades and roofs of buildings and details of any external shading/solar control. Analyse the preliminary heat gains and losses for the purpose of initial sizing of heating, ventilation and air conditioning systems and plant, as applicable. Seek the Contractors approval of the detailed proposals and the Contractors consent to proceed to the Final Proposals Stage.
4.6
4.7
4.8
C5
Final Proposals Stage
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5.1 5.2 5.3 5.4 5.5
After receiving the Contractors approval of the detailed proposals and the Contractors consent to proceed to the Final Proposals Stage: Develop the design of the Works in collaboration with the Other Consultants and prepare sufficient calculations, Schematic Drawings, schedules and specifications to enable the Consultant or any Other Consultant to prepare the final proposals.
Assist any Other Consultant in coordinating the design of the Works into the overall design. Provide Builders Work Information sufficient to allow development of the structural design and preparation of bills of quantities by any Other Consultant. Prepare a revised cost approximation of the Works on the same basis as at C3.7.
Integrate into the design of the Works any requirements of the Contractor, specialist subconsultants or Sub-contractors.
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4.2
Develop the design of the detailed proposals for the Works in collaboration with any Other Consultants.
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5.6
Collaborate with any Other Consultants to prepare the final proposals for presentation to the Contractor, drawing attention to any significant differences from the previously agreed requirements for the Works. Prepare pre-tender documents and drawings as necessary. Seek the Contractors approval of the final proposals and the Contractors consent to proceed to the Production Information Stage.
5.7 5.8
C6
Production Information Stage
After receiving the Contractors approval of the final proposals and the Contractors consent to proceed to the Production Information Stage:
6.1
Prepare such calculations and details but not work in connection with building regulations relating to the Works as may be required for submission to any appropriate statutory authority including the coordination of such information for the Works submitted by the Contractor, Other Consultants, specialist suppliers and/or Sub-Contractors as is available which may need to be included in such submissions excluding any submissions or applications for planning consent or approval. Prepare Detailed Design Drawings for the Works. Prepare specifications for the Works.
6.2 6.3 6.4
Seek the Contractors consent to proceed to the Tender Documentation and Tender Action Stage.
C7
Tender Documentation and Tender Action Stage
After receiving the Contractors consent to proceed to the Tender Documentation and Tender Action Stage: 7.1 Advise the Contractor as to the suitability for carrying out the Works of persons and firms to be invited to tender for any subcontract involving the construction, supply and/or installation of all or part of the Works. Assist the Contractor to assemble the Tender Documentation and to issue it to firms selected to tender. Advise the Contractor as to the relative merits of tenders, prices and estimates received in respect of sub-contracts for execution of all or part of the Works. Seek the Contractors consent to proceed to the Mobilisation, Construction and Completion Stage.
7.2
7.3
7.4
C8
Mobilisation, Construction and Completion Stage
After receiving the Contractors consent to proceed to Mobilisation, Construction and Completion Stage: 8.1 Provide such further information as is reasonably necessary, in the opinion of the Consultant, to enable the Contractor and/or Sub-Contractors to prepare Installation Drawings.
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8.2 8.3 8.4 8.5
Examine Installation Drawings, Shop Drawings and Builders Work Details submitted by the Contractor and/or Sub-Contractors for the Works or parts thereof, in respect of the design intent and compliance with performance criteria. The Consultant shall not be required to examine the design of any proprietary products manufactured or supplied by Contractors or Sub-Contractors.
Advise the Contractor on the need for special inspections or tests arising during the construction of the Works. Assist the Contractor in examining the Sub-Contractors proposals as may be required by contracts for the Works other than the consideration of alternative designs for the Works submitted by the Contractor or Sub-Contractors and the services set out in C10.8 and C10.9. Examine the proposals of the Contractor or Sub-Contractors for carrying out commissioning
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procedures and performance testing in relation to the Works. Comment to the Contractor on any requirements of these proposals affecting the programme for the Works. 8.6 Subsequent to setting to work and regulation of the buildings, plant and equipment of the Works by the Contractor and Sub-Contractors, examine the results of commissioning and the documentary records thereof.
C9
I
General
Without prejudice to the preceding provisions of this Clause, the Consultant shall from time to time as may in his opinion be necessary, advise the Contractor as to the need for the Contractor to be provided with Additional Services in accordance with C10 or C1 1.
C10-C11 ADDITIONAL SERVICES
c10 Additional Services to be performed by the Consultant
10.1 Prepare any report or documentation required for consideration of proposals for alternative works. 10.2 Work done in connection with any application by the Contractor for any order, sanction, licence, permit or other consent, approval or authorisation necessary to enable the Works to proceed including planning consents or approvals but other than applications for approvals under C6.1. 10.3 Prepare a questionnaire for the Contractor following study of information provided by the Contractor under 83.1 to seek his strategic brief confirming key objectives and constraints. 10.4 Prepare any information necessary for the Contractor's negotiations with third parties including ground landlords, financing bodies and adjoining site owners. 10.5 Work in making initial recommendations to the Contractor on the economic and financial viability of the Works. 10.6 Work in connection with providing a feasibility study. 10.7 Work in commenting on quotations for equipment, reporting upon offers received and in selecting equipment. 10.8 Work in re-evaluating all parts of the services and building design which may be affected by acceptance of alternative plant selections. 10.9 Prepare a report in consideration of any alternative plant selections or arrangements proposed subsequent to the issue of the Tender Documentation. Advise whether the alternative complies with any established performance criteria. Identify the estimated cost and programme for carrying out a detailed re-evaluation of the design to incorporate the alternative proposals.
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As Services additional to those specified in C1 to C9, the Consultant shall, if requested or consented to by the Contractor, perform as Additional Services any of the services listed in C10 and take all reasonable steps to arrange for the performance by others on behalf of the Contractor of any of the services specified in C1 1, provided always that if the Contractor and the Consultant agree the Consultant may perform any of the services listed in C11 which he is competent so to do.
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8.7
Receive and comment on copies of Record Drawings.
10.10 Develop energy efficient strategies for the fabric and engineering services of buildings in respect of the Project or the Works.
10.1 1 Develop a condensation analysis in respect of the Project or the Works.
10.12 Work in undertaking a detailed analysis and preparing a report affecting the selection of energy sources.

_ _
-
10.13 Evaluation of the acoustical requirements of the building design and construction with respect to design noise criteria. 10.14 Measurement and analysis of ambient noise levels, giving general building acoustic advice. 10.15 Review and update as necessary the general considerations affecting the selection of energy sources. 10.16 Work in connection with assisting the architect in obtaining Building Regulation compliance (Part L). 10.17 Check and/or advise upon any part of the Works not designed by the Consultant.
10.18 Prepare Coordination Drawings including incorporating into such Coordination Drawings details of any engineering services or public health services designed by others.
10.19 Comment to the Contractor on the value of any variations to the Works for which the Contractor or any Sub-Contractor was responsible. 10.20 Assist in negotiating any contract and/or sub-contract selected other than by competitive tendering.
I
10.21 Attend relevant site meetings and make other periodic visits to the site as appropriate to the stage of construction or as otherwise agreed to assist the Contractor to monitor that the Works are being executed generally in accordance with the contract documents and with good engineering practice and advise the Contractor on the need for instructions to Sub-Contractors. 10.22 Advise on the appointment and duties of site staff if any and provide site staff if so agreed.
10.23 Provide technical advice to the Contractor on certificates for payment to the Contractor in respect of the Works and provide technical information to any Other Consultant to enable accounts for the Works to be agreed. 10.24 Provide information to enable bills of quantities to be prepared for the Works. 10.25 Inspect the works on completion and record any defects.
10.26 Receive and comment on operating instructions and maintenance manuals prepared by the Contractor or Sub-Contractors if so required under their contracts for construction.
10.27 Prepare operating and maintenance manuals, planned maintenance schedules, Record Drawings and estimates of cost in use.
10.28 Assess all data relating to the Works for settlement of the Contractors final account. Report to the Contractor. 10.29 Perform work or advise the Contractor in connection with any claim or matter where such claim or matter arises out of any contract for the execution of the Works whether that contract is between the Contractor and the Employer or the Contractor and any Sub-Contractor and including work in respect of the detailed examination of any financial claim or following the taking of any step in or towards the resolution of any dispute or difference or towards any adjudication, arbitration or litigation in connection with the Works. 10.30 Work in support of others employed to provide any of the services specified in C1 1.
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C11 Additional Services to be performed by others:

Specialist technical advice on any aspect of the Works which is not within the expertise of the Consultant.
11.1 Specialist technical advice on the control and exclusion of environmental hazards including
methane and radon.
11.2 Legal, financial and professional services other than those offered by the Consultant and within his
competence.
11.3 Services in connection with the valuation, purchase, sale or leasing of lands and the obtaining of
wayleaves.
11.4 Topographical, dimensional, condition or analytical survey of sites or existing works.

Works.
11.5 Quantity surveying services including the preparation and pricing of bills of quantities for the
I
I
11.6 Model tests or special investigations under C3.2.
11.7 Special inspections or tests advised by the Consultant under C8.3.

the Works.
11.8 Preparation, or assistance in the preparation, of an environmental impact assessment in respect of
, ,
11.9 Evaluation of complex or novel builders work devices for natural ventilation of buildings including
flues and towers.
11.10 Carry out commissioning and testing procedures and prepare all necessary associated
documentation for permanent record thereof.
SCHEDULE (11)
C1-C9 NORMAL SERVICES c1

1.1 1.2
Appraisal Stage
Seek the Brief and instructions from the Contractor describing his requirements in respect of the Works, what they are intended to achieve, their cost and programme. Discuss with the Contractor the role of the Consultant and his relationship with Other Consultants, the various Sub-Contractors and any planning supervisor appointed in accordance with the Construction (Design and Management) Regulations. Discuss with the Contractor the likely requirements if any for site staff; these shall be considered again prior to'and following the appointment of the Contractor by the Employer.
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1.3
c2

Seek from the Contractor all information and documents to be provided by the Contractor under
2.1
B3.1.
2.2
Obtain such information as is reasonably available from documents on the existence and extent of public services such as water, gas, electricity, sewerage and telecommunications services and comment to the Contractor on any effect that these may have on the Works, both during construction of the Works and on completion. Comment to the Contractor on any physical site restrictions which may affect the engineering options for the Works.
2.3
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- PERFORMANCE SERVICES
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2.4
Collaborate with any Other Consultants in seeking from the Contractor any further information needed so that they can perform their services under their various agreements with the Contractor. Collaborate with any Other Consultants in making initial recommendations to the Contractor on the technical viability of the Works. Seek the Contractor's consent to proceed to the Outline Proposals Stage.
2.5
2.6
C3
Outline Proposals Stage
After receiving the Contractor's consent to proceed to the Outline Proposal Stage: 3.1
Visit the site as necessary and study data and information relating to the Project and relevant to the Works which are reasonably accessible to the Consultant, and consider reports relating to the Works which have either been prepared by the Consultant or have been prepared by others and made available to the Consultant by the Contractor. Advise the Contractor on the need for arrangements to be made for and define the extent of topographical and dimensional surveys of the site, surveys to obtain details of construction in existence on or adjacent to the site, special investigations or model tests.
3.2
3.3
Consult any local or other authorities about matters of principle in connection with the design of the Works. Consider alternative outline solutions for the Works.
3.4
3.5
Develop the Contractor's Brief into a full Brief for the Works in consultation with the Contractor and any Other Consultants. Such Brief shall describe the Contractor's requirements in respect of the Services and both the Contractor and the Consultant shall work to the Brief. Discuss and agree with the Contractor any changes to the arrangements for payments to be made to the Consultant (as given in the Memorandum of Agreement) which may have become necessary as a result of changes to the Brief. Provide sufficient preliminary information in relation to the Works in the form of advice, sketches, reports or outline specifications to enable any Other Consultant to prepare his outline proposals and assist any Other Consultant to prepare the outline Cost Plan. Provide by way of Sketch Drawings or schedules the structural planning requirements for the engineering services showing locations and approximate sizes of plant rooms, major items of plant, major ducts and service runs and provide the approximate weight of any item affecting the structural design. Assess and prepare preliminary schedules of power, heating and cooling loads as applicable. Receive from the architect through the Contractor the thermal performance standards for the facades and roofs of the buildings and details..of any external shading/solar control. Analyse the preliminary heat gains and losses for the purpose of initial sizing of heating, ventilation and air conditioning systems and plant, as applicable.
3.6
3.7
3.8 3.9
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3.1 0 Negotiate with public and other utility authorities for provision of necessary incoming services.
3.1 1 Prepare outline specifications and Sketch Drawings for the Works. 3.1 2 Advise on conditions of contract relevant to the Works and upon forms of tender and invitations to tender for the Works.
3.1 3 Advise the Contractor as to the selection of firms suited to the submission of competitive tenders for the development of designs and execution of the Works, based upon documentation produced under C3.11. 3.1 4 Assemble documentation and drawings for issue to firms selected to tender and despatch to suit an agreed procedure.
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3.1 5 Comment on the preparation of formal contract documents relating to selected tenders for carrying out the Works or any part thereof. 3.1 6 After review, seek the Contractor approval of the outline proposals and the Contractor consent to proceed to the Detailed Proposals Stage.
C4
After receiving the Contractor's approval of the outline proposals and the Contractor's consent to proceed to the Detailed Proposals Stage:
I
4.1 4.2
Analyse the tenders received and recommend to the Contractor on selection.
Monitor, by such means as the Consultant shall consider necessary, the performance of Sub-Contractors in the evolution of system designs from the specification and Sketch Drawings. Submit a report to the Contractor commenting upon the performance of Sub-Contractors to the end of this Stage. Seek the Contractor's consent to proceed to the Final Proposals Stage.
4.3
4.4
C5
After receiving the Contractor's consent to proceed to the Final Proposals Stage: 5.1 Monitor, by such means as the Consultant shall consider necessary, the performance of Sub-Contractors in the development of the system designs. Seek the Contractor's consent to proceed to the Production Information Stage.
5.2
C6
After receiving the Contractor's consent to proceed to the Production Information Stage: 6.1 Monitor, by such means as the Consultant shall consider necessary, the performance of Sub-Contractors in the production of Coordination Drawings and Installation Drawings.
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6.2 6.3
Submit a report to the Contractor commenting upon the performance of Sub-Contractors to the end of this Stage. Seek the Contractor's consent to proceed to Mobilisation, Construction and Completion Stage.
C7
Tender Documentation and Tender Action Stage
Note: Where the Consultant performs Performance Services, the services for this Stage are discharged in the Outline Proposals Stage.
C8
Mobilisation, Construction and Completion Stage
After receiving the Contractor's consent to proceed to the Mobilisation, Construction and Completion Stage: 8.1 Examine Sub-Contractors' proposals for the execution of the Works insofar as these reflect upon the design intent. Comment to the Other Consultants as may be necessary. Make such visits to the site as the Consultant shall consider necessary to satisfy himself generally as to the execution of the Works.insofar as it reflects upon the design intent. Examine, subsequent to setting to work and regulation of the mechanical, electrical and other building services, installations, plant and equipment comprising the Works by Sub-Contractors, the result of their commissioning and the documentary records thereof. Report to the Contractor. Inspect the Works on completion and record any defects.
8.2
8.3
8.4
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C9
General
Without prejudice to the preceding provisions of this Clause, the Consultant shall from time to time as may in his opinion be necessary, advise the Contractor as to the need for the Contractor to be provided with Additional Services in accordance with C10 or C1 1.
C10-C11 ADDITIONAL SERVICES

As Services additional to those specified in C1 to C9, the Consultant shall, if requested or consented to by the Contractor, perform as Additional Services any of the services listed in C10 and take all reasonable steps to arrange for the performance by others on behalf of the Contractor of any of the services specified in C1 1, provided always that if the Contractor and the Consultant agree the Consultant may perform any of the services listed in C11 which he is competent so to do.
C10 Additional Services to be performed by the Consultant
10.1 Prepare any report or documentation required for consideration of proposals for alternative works. 10.2 Work done in connection with any application by the Contractor for any order, sanction, licence, permit or other consent, approval or authorisation necessary to enable the Works to proceed including planning consents or approvals.
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I .
10.3 Prepare a questionnaire for the Contractor following study of information provided by the Contractor under B3.1 to seek his strategic brief confirming key objectives and constraints. 10.4 Work in connection with providing a feasibility study.
10.5 Work in commenting on quotations for equipment, reporting upon offers received and in selecting equipment. 10.6 Work in re-evaluating all parts of the services and building design which may be affected by acceptance of alternative plant selections. 10.7 Prepare a report in consideration of any alternative plant selections or arrangements proposed subsequent to the issue of the Tender Documentation. Advise whether the alternative complies with any established performance criteria. Identify the estimated cost and programme for carrying out a detailed re-evaluation of the design to incorporate the alternative proposals.
' '
10.8 Develop energy efficient strategies for the fabric and engineering services of buildings in respect of the Project or the Works. 10.9 Develop a condensation analysis in respect of the Project or the Works. 10.10 Work in undertaking a detailed analysis and preparing a report affecting the selection of energy sources. 10.11 Evaluation of the.acoustical requirements of the building design and construction with respect to design noise criteria. 10.12 Measurement and analysis of ambient noise levels, giving general building acoustic advice.
Sp
10.13 Review and update as necessary the general considerations affecting the selection of energy sources.
10.14 Work in connection with assisting the architect in obtaining Building Regulation compliance (Part L). 10.15 Comment to the Contractor on the value of any variations to the Works for which the Contractor or any Sub-Contractor was responsible. 10.16 Assist in negotiating any contract and/or subcontract selected other than by competitive tendering.
10.17 Attend relevant site meetings and make other periodic visits to the site in addition to those allowed for in C8.2 and as appropriate to the stage of construction or as otherwise agreed to assist the Contractor to monitor that the Works are being executed generally in accordance with the contract documents and with good engineering practice and advise the Contractor on the need for instructions to Sub-Contractors. 10.18 Prepare a cost analysis of the Works as developed at any Stage.
,
I
10.19 Receive and comment on copies of Record Drawings, operating instructions and maintenance manuals prepared by the Contractor or Sub-Contractors if so required under their contracts for construction.
10.20 Prepare operating and maintenance manuals, planned maintenance schedules, Record Drawings and estimates of cost in use.
10.21 Assess all data relating to the Works for settlement of the Contractor's final account. Report to the Contractor. 10.22 Perform work or advise the Contractor in connection with any claim or matter where such claim or matter arises out of any contract for the execution of the Works whether that contract is between the Contractor and the Employer or the Contractor and any Sub-Contractor and including work in respect of the detailed examination of any financial claim or following the taking of any step in or towards the resolution of any dispute or difference or towards any adjudication, arbitration or litigation in connection with the Works. 10.23 Work in support of others employed to provide any of the services specified in C1 1
c11 Additional Services to be performed by others:
11.1 Specialist technical advice on any aspect of the Works which is not within the expertise of the Consultant. 11.2 Specialist technical advice on the control and exclusion of environmental hazards including methane and radon. 11.3 Advice on building leakage and pressure testing.
11.4 Legal, financial and professional services other than those offered by the Consultant and within his competence. 11.5 Services in connection with the valuation, purchase, sale or leasing of lands and the obtaining of way leaves. 11.6 Topographical, dimensional, condition or analytical survey of sites or existing works. 11.7 Model tests or special investigations under C3.2.
Sp
11.8 Preparation, or assistance in the preparation, of an environmental impact assessment in respect of the Works. 11.9 Evaluation of complex or novel builders work devices for natural ventilation of buildings including flues and towers.
11.10 Carry out commissioning and testing procedures and prepare all necessary associated documentation for permanent record thereof.
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~~
RIBA Plan of Work

Work Stage Title
Appraisal Stage
c1
c2
Outline Proposals Stage'
ec
Tender Documentation Stage
Tender Action Stage
Mobilisation Stage
Sp
K L
Construction to Practical Completion Stage
After Practical Completion
'
Where the Consultant is employed to carry out Performance Services, the services for the Tender Documentation and Tender Action Stage are carried out at the Outline Proposals Stage. "Design" in this table refers to the Contractor's Detailed Design
im
c 3
c4 c5 C6
c 7
C8
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Pre-design Design2 Construction
2002 ACE Work Stage
Sp
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For further information contact
Association of Consulting Engineers Alliance House
im
12 Caxton Street
London SW1 H OQL Tel: 020 7222 6557 Fax: 020 7222 0750 Email: consult@acenet.co.uk Website: www.acenet.co.uk
en

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About this agreement

document should be used in conjunction with the ACE

ACE Agreements C(1) and C(2) 2002

A2: Appointment of Consultant

AS: The Works

ACE Agreements C( 1 ) and C(2) 2002

A6 to A7: The Project Leader!and the Contract Manager

A8 to A13: Limits of Liability, etc

- Agreements C(1) and C(2) 2002

ACE Agreements C( 1) and C(2) 2002

ACE Agreements C(1) and C(2) 2002

A14: Collateral Warranties

A15: Applicable Law

ACE Agreements C( 1) and C(2) 2002

ACE Agreements C(1) and C(2) 2002

A17 to A20: Payment of Fees and Expenses

Time based fees

Lump sum fees

ACE Agreements C(1) and C(2) 2002

A1 Z 1 Payment of fees for Normal Services shall be a lump sum of t 57

Otherwise payment by instalments shall be as follows:

A18.3 Otherwise payment by instalments shall be as follows:

A18.3 Otherwise payment by instalments shall be as follows:

to be invoiced on completion of the Outline Proposals Stage.

Payment of fees for Normal Services shall be Works CostlProject Cost.

ACE Agreements C(1) and C(2) 2002

Stage Stage Stage Stage

ACE Agreements C(1) and C(2) 2002

Add itiona I Services

ACE Agreement C(2) 2002

Amendment Sheet (February 2004)

Delete both options of A 8 and substitute:

ACE Agreement C(2) 2002

Delete if not applicable - see Guidance on Completion

Delete one of the paragraphs A8B - see Guidance on Completion

Delete A8 and substitute A8B.

Delete (B7.5 refers) and substitute (B7.11 refers).

Delete (B7.6 refers) and substitute (87.1 2 refers).

Delete (87.8 refers) and substitute (B7.14 refers).

at the foot of page 6 and substitute:

ACE Agreement C(2) 2002

B3 OBLIGATIONS OF THE CLIENT

B7 LIABILITY, INSURANCE AND WARRANTIES

Limitat ion of Lia biIity

Liability not to exceed amount of Insurance

Amend heading so that it reads OBLIGATIONS OF THE CONTRACTOR

ACE Agreement C(2) 2002

ACE Agreement C(2) 2002

Professional Indemnity Insurance

Public Liability Insurance

About this agreement

About the Association of Consulting Engineers

management consultancies. Over 650 firms are members of the

FIDIC, the International Federation of Consulting Engineers.

ACE Agreement C(2) 2002

ACE Agreement C(2) 2002

MEMORANDUM OF AGREEMENT made the ( ) d a y

("the ConsuIt antl').

This Agreement comprises

The intended date of completion of the Project is scheduled to b&\;

' Delete as applicable

ACE Agreement C(2) 2002