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Marc Hanson
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The JCT 2005 forms have been developed over the last few years to update the JCT 98 forms to reflect changes in the law and to simplify the contracts to make them more usable. At present the new minor works, intermediate and design and build forms have been published together with a new form of framework agreement. The rest of the new versions will follow over the coming months. Expect more press coverage as they are published. The Contracts have been reduced in size and the language has been clarified. Design options have been included in the minor works and intermediate forms and the supplements dealing with the same in the old traditional main form have been incorporated into the contract to make their use easier. The new forms of contract now encourage the use of third party rights as per the Major Projects Form. IBC and the JCT are holding a conference in London on the 4th October where the new forms will be discussed in some detail by various members of the JCT drafting committee, including myself. Call 0207 017 5505 for deatils / bookings.
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Marc Hanson
Member - 4 posts
First of all check what the letter of agreement says about copyright. If its silent check to see if it incorporates any standard terms and conditions by reference ie the RIBA terms and conditions. If it does not then copyright will be dealt with at common law. Assuming that noone at your practice agreed orally or in corespondence that ownership of copyright would be transferred to the client then it will remain with your firm. However, if the client paid you to produce the scheme design then he probably has an implied copyright licence that would allow him to develop the design with another architect. If you have not been paid then the situation will be less clear cut. At anyrate assuming that you did not waive your rights under the Copyright Designs and Patent Act 1988 you will have the right to be identified as the designer of the project once built (assuming they use your scheme design and you want to be so identified). You may also have the right to object to any derogatory treatment of your design - ie if its developed in a way you don't like. However your only remedy in such a situation is likely to be your being able to insist your name isn't associated with the completed project.
To avoid similar problems in future always sign an appointment in the RIBA standard form or, when writing to a client to confirm instructions or agree fees point out that you will be working on the basis of the RIBA standard form. The RIBA form leaves copyright with the architect and restricts the clients ability to use any design prepared.
Good Luck
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Marc Hanson
Member - 4 posts
Trudi
I'm coming to this a bit late but am intrigued as to why you use the FIDIC short form. Is the work done overseas? If not its a pretty unorthodox choice as I expect many UK contractors, especially those doing smallish jobs, will add a bit to the price due to a lack of familiarity with it.
Craig is right that contractors won't be happy with a bespoke form of contract and will undoubtably price it. You'd also have to get someone to produce it which would cost money. A better bet would be to amend one of the industry standard forms - that way you'd get a better balance of risk (many are too favourable to contractors) but contractors would still be on a contract that they are familiar with.
As to which standard form, if your works are going to be carried out in the UK and have an engineering slant then the ICE minor works form might be appropriate. If they're building works then the JCT Minor Works form or the Intermediate form (as referred to by Craig) might be appropriate. Wouldn't recommend the NEC (ECC) contract - I find it unreadable. One thing you should bear in mind is whether the contractor will be undertaking any design. He usually will be even on the smallest jobs, especially if they involve any mechanical or electrical works. The ICE and FIDIC contracts cater for contractors undertaking limited design but the JCT contracts referred to above do not. You'd need to amend them if you wanted to use them where design was to be undertaken. The other thing you need to bear in mind is who will be administering the contract. Many standard forms envisage that a separate contract administrator will be engaged - you'll need to amend the contract you use if someone in house will be administering the contract (ie the FM).
If you want further info you can contact me via the online advice area.
Good luck
Marc
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