ACA SFA 2012 and the Consumer Rights Act 2015 (CRA15) . This replaces the Unfair Terms in Consumer Contracts Regulations 1999 (UTCCR99) which have been provided for in ACA SFA 2012. One change is a ‘right to reject’ period of 30 days rather than a ‘reasonable period’.
However, what is important when architects are dealing with Consumer clients is explaining to them the contract terms which the late Mr Justice Toulmin set out as unfair in Picardi v Cunniberti:
the basis of the designer’s charges
the limit of the designer’s liability
appointment, payment and responsibilities of others
dispute resolution and costs, particularly the use of adjudication and then writing to the client before the consultancy contract is executed noting that the client has explained these terms and that the client has agreed to them.
Despite Toulon’s view on adjudication, many of the cases brought by consumers have involved claims that adjudication is unfair and the vast majority of these cases have apparently been unsuccessful (see Lovell v Legg & Carver).
Anyone wishing to have their set out in more detail together with model letters on this and everything else on running a building project would do well to buy BIID Interior Design Job Book, merely substituting ‘architect’ for ‘designer’.
The Government passed an order confirming that 1st October 2011 was the date for the long anticipated implementation of the new Construction Act. The new Act applies to ACA’s entire range of Partnering Contracts and the majority of its Appointment documents and other contracts. These documents will need to be revised to show the requirements of the new Act which relate to the way that payment and dispute resolution provisions are dealt with and operated.
We have produced amendments for all ACA publications and have produced a track marked version of the amendments for our Partnering Suite of Contracts. PPC2000 (Amended 2013) includes these amendments in this version and other contracts will be updated when stocks demand.
Any contracts entered into after 1st October that have not been updated will be non compliant with the new Act.
Details of the amendments to the PPC, TPC and SPC Partnering Contracts can be found on our dedicated website: http://ppc2000.co.uk/
ACA SFA Amendments: The Bribery and LDEDC Act Amendments have been incorporated into ACA SFA 2012 to comply with the Bribery and LDEDC Acts.