This document forms the basis of Agreement for the Appointment of Johnson Gillies Private Clients Chartered Surveyors and Building Surveying Consultants.
Fee Basis
There are two main basis for our fees – a time charge basis and a fixed fee basis. Time charging means that our fee is determined by the time spent by those who deal with your matter. This will include, for example, inspections of buildings, meetings, time spent on the telephone with you and others, travel time, preparation of and considering documents and correspondence, legal research, attending court and anything else required to deal properly with your instruction.
In the event that the element of work can be precisely defined, we are pleased to identify a fixed fee this will be quoted exclusive of disbursements and value added tax. Fixed fees may be expressed in three ways: as simple “lump sums”; as a percentage of construction cost (in building projects); or as a “success” fee – a percentage of the saving or settlement in dilapidations claims. Occasionally we will charge a combination of time charge and success fees.
Where a fixed fee has been identified and work is required that falls outside the agreed scope of services, unless agreed otherwise, the fee for that work will be calculated on a time charge basis.
The basis of our fee for individual instructions will be confirmed to you in writing.
Disbursements
Specialist testing, specialist equipment hire, travel and subsistence, photography, bulk printing and couriers, congestion charging etc. are all charged at cost as disbursements. On long term jobs a monthly administration charge of between £10 and £20 will be added to disbursement costs for stationary, printing, binding, postage etc.
Other costs: we generally expect costs of consultants working under our control, planning applications and building regulations applications to be met directly by our clients.
When the appointment of specialist consultants is required we expect that appointment to be made direct by our clients to provide a separate contractual relationship.
Where we undertake responsibility for the coordination and integration of specialist consultants work subsequent to our initial instruction our fee will be calculated on a time spent basis.
Where access to premises is arranged but is not available at the confirmed time and date, resulting in an abortive visit, we reserve the right to charge for any additional time spent and expenses incurred.
Suspending and Terminating Instructions
You may terminate or suspend the appointment by giving seven days written notice.
If either party becomes insolvent the other may suspend performance or terminate the appointment by giving written notice.
In the event that you are in default over payment we may, on giving seven days written notice, suspend performance. Performance would be resumed upon payment.
We may terminate the appointment if you materially breach your obligations and have failed to remedy the breach in the 28 days following notice served by us.
In all cases you shall pay all fees and expenses due, commensurate with the services performed, including time spent in the seven day notice period in closing down the instruction. We reserve the right to invoice for the greater of the time charge for the work carried out or:
·
Lump sum fixed fees: pro rata the fee by reference to the stage
that work has reached.
·
Building projects: a proportion of work that we have carried out
according to pre-determined service stages
·
Success fees: a reasonable percentage of the anticipated fee, by
reference to the stage in negotiations that has been reached.
Payment Terms
Our payment terms are 14 days net. We reserve the right to charge interest at 4% over the base rate of the National Westminster Bank plc on any accounts which are not paid within 14 days. It is our practice to deliver interim bills at two month intervals from the date of instruction.
Complaints
In the event that you have a complaint you will have access to the firm’s complaints handling procedure. Where the dispute remains unresolved either party may refer the dispute to an adjudicator/arbitrator. The adjudication/arbitration shall be conducted in accordance with the Construction Industry Council Model Procedures current at the time of entering into the agreement.