Standard Terms of Engagement
Last updated: 19 November 2025
These Standard Terms of Engagement ("Standard Terms") govern the provision of architectural and professional services by ASHTON PAUL (D&B) LTD ("Ashton Paul", "we", "us", "our") to clients for specific projects.
These terms form part of the Appointment (letter of engagement or written agreement) between Ashton Paul and the Client for the provision of Services.
1. Definitions
"the Appointment" means the letter of engagement or other agreement in writing entered into between the Client and Ashton Paul for the performance of the Services upon the Standard Terms.
"the Client" means the person or company who instructs Ashton Paul to undertake the Services.
"Documents" means records, reports, documents, papers and other materials originated by or on behalf of Ashton Paul to undertake the Services.
"Fees" means the fees and disbursements to be charged by Ashton Paul to the Client pursuant to the Appointment in connection with the provision of the Services.
"Ashton Paul" is a trading name for Ashton Paul (D&B) Ltd.
"the Services" means the architectural and professional services to be provided by Ashton Paul for the Client pursuant to the Appointment and any variation thereof agreed in writing from time to time.
"the Standard Terms" means these standard terms of engagement.
2. Duties
Ashton Paul shall in providing the Services exercise reasonable skill and care in conformity with the normal standards of an Architect/Property professional.
Ashton Paul acknowledges that in respect of all Services performed for the Client prior to the date of the Appointment, such Services shall have been deemed to have been performed pursuant to the Standard Terms and with the same degree of skill and care.
3. Health and Safety
The Client shall make a full disclosure of all information it possesses which is or may reasonably be considered relevant in connection with the carrying out and performance of the Services.
The Client shall provide all information relating to any site conditions which may be considered prejudicial to safe working practices including information concerning underground installations, pipework, cables, drains or other service media. Without prejudice to the foregoing, the Client shall provide conditions of work on site which enable Ashton Paul, its employees and sub-contractors to carry out the Services without injury to any person or loss or damage to property.
The Client shall observe and perform all its obligations under the Construction (Design and Management) Regulations 2015 or any amendment thereof for the duration of the Appointment.
4. Delays
Ashton Paul shall use reasonable endeavours to carry out and perform the Services by the dates reasonably required by the Client and agreed with Ashton Paul.
Ashton Paul shall give reasonable notice in writing to the Client of any circumstances which make it impracticable for Ashton Paul to carry out any of the Services in accordance with any previously agreed timetable. Where such notice is given, Ashton Paul will not be liable for any losses suffered by the Client however occasioned arising out of delays in the performance of the Services.
5. Variations
Where any reasonable variation to the Services is proposed by the Client, such variation shall first be agreed with Ashton Paul in writing including any adjustment to the Fee and/or timescale.
Where Ashton Paul is involved in the provision of additional services and/or expense, unless otherwise agreed in writing, Ashton Paul shall be entitled to additional fees calculated on a time basis.
6. Invoices and Payment Terms
Ashton Paul provides cost-effective architectural services and relies on prompt payment and healthy cashflow. Our standard payment terms are as follows:
- Full settlement of the account will be requested prior to submission of planning and building regulation applications
- Party wall invoices will be settled prior to publishing of the award or other relevant documents
- On larger architectural and project administration projects, we will request a 30% payment on instruction and settlement prior to submission
- Standard payment terms are strictly 7 days from invoice date
- Any discounts offered are contingent on payment within agreed terms and will be removed if payment is delayed
All rights of set-off which the Client may otherwise exercise or purport to exercise are hereby expressly excluded. Where invoices are not paid within 7 days of issue, Ashton Paul shall have the right to remove any discounts and add interest at the rate of 5% per calendar month on unpaid fees from the date payment is due until the date of payment.
The Client shall in addition to the Fee pay to Ashton Paul Value Added Tax on goods and services supplied by Ashton Paul to the Client.
Ashton Paul reserves the right to charge reasonable abortive fees for works completed, should the Client decide not to proceed with the works or application.
7. Disbursements
The following disbursements will be charged:
Mileage: 50 pence per mile
Postage: Charged at cost
AutoCAD Drawing Plots:
Black Plots:
- A4: £0.50
- A3: £1.00
- A2: £2.00
- A1: £3.00
- A0: £4.00
Colour Plots:
- A4: £1.10
- A3: £2.20
- A2: £4.40
- A1: £6.60
- A0: £8.00
Other Disbursements: All other disbursements will be charged at cost
8. Professional Indemnity Insurance
Ashton Paul currently holds professional indemnity insurance cover of £500,000 per project. Insurance coverage will be increased for specific projects as required.
Ashton Paul shall use reasonable endeavours to maintain such insurance for a period of not less than 6 years from the date of the completion of the performance of the Services, provided that such insurance is available to Ashton Paul at commercially reasonable rates.
9. Limitation on Liability
Subject to the provisions below, the total liability (excluding death or personal injury resulting from Ashton Paul's own negligence) under or in connection with this Agreement, whether in contract, in tort, for breach of statutory duty or otherwise, shall not exceed the lesser of:
- Ten times the fee payable by the Client
- One million pounds (£1,000,000)
- The amount (if any) recoverable by Ashton Paul under any professional indemnity insurance policy
The total liability of Ashton Paul under or in connection with this Agreement arising out of or in connection with pollution or contamination shall not exceed the lesser of five times the fee payable by the Client, one million pounds (£1,000,000), or the amount (if any) recoverable under any professional indemnity insurance policy.
No action or proceedings for any breach by Ashton Paul of the terms of the Appointment or the Standard Terms shall be commenced by the Client against Ashton Paul after the expiry of 6 years from the date of completion or earlier determination of the Appointment.
Without prejudice to the above, Ashton Paul's liability for any actions, claims, demands, losses, costs and expenses arising out of a breach of the Appointment shall be limited to such sum as Ashton Paul ought reasonably to pay having regard to its responsibility for the same on the basis that all other consultants, specialists and contractors shall (where appointed) be deemed to have provided to the Client contractual undertakings in respect of their responsibility for such losses.
Unless otherwise agreed, the Services are performed exclusively for the Client. No liability will be assumed for any interest or reliance by any party other than the Client in or on the Services.
10. Free Consultation Service
Ashton Paul offers a free consultation service to UK homeowners, subject to the following terms:
- The consultation is offered as a 20-minute telephone call for home extensions and general building works enquiries
- The customer is expected to initiate the call to Ashton Paul
- The consultation call will be recorded for quality assurance and insurance purposes
- All communications relating to the consultation will be conducted by email
- Any drawings provided in conjunction with the consultation will be at Ashton Paul's discretion
- The appointment will be arranged at Ashton Paul's convenience
- Telephone consultation advice is provided as guidance only and is based on information provided by the customer
- As we have not carried out a site visit, some assumptions will be made during the discussion. The customer should not seek to rely on information provided over the telephone without a site visit
- Customers in the London and Surrey areas are recommended to upgrade to a 45-minute on-site consultation
11. Confidentiality
Save as may be necessary for the proper performance of the Appointment or as otherwise compelled by law, Ashton Paul shall not disclose to any third party (other than professional advisors) any information arising out of the Appointment which is designated as confidential by the Client.
12. Intellectual Property Rights
Copyright in the Documents prepared by Ashton Paul in connection with the Services shall remain vested in Ashton Paul. However, provided payment has been made for the Services, the Client shall have a transferable licence for the whole period for which copyright is to subsist without payment of any further fee to use the Documents for the purposes for which they were provided.
The name "Ashton Paul" or "Ashton Paul (D&B) Ltd" shall not be used for advertising or other promotional purposes by the Client without the prior written consent of Ashton Paul.
Ashton Paul shall not be liable for any use of the Documents for any purpose other than that for which the same were intended.
Ashton Paul retains the copyright and ownership of all AutoCAD drawings and digital design files.
13. Termination
13.1 Termination by Client
Upon the happening of one or more of the following events, the Client may terminate the Appointment:
- If Ashton Paul without reasonable cause fails to proceed regularly and diligently with the Services
- If Ashton Paul without reasonable cause suspends the execution of the Services
- If Ashton Paul is otherwise in breach of the terms of the Appointment
The Client must serve notice in writing on Ashton Paul specifying the event and requiring its remedy. If Ashton Paul fails to remedy the same within 14 days of service of such notice, or at any time after the service of such notice commits any further substantially similar breach, the Client may by further notice in writing forthwith terminate the Appointment (provided that such notice shall not be given unreasonably or vexatiously).
13.2 Termination by Ashton Paul
Upon the happening of one or more of the following events, Ashton Paul may terminate the Appointment:
- If the Client fails to pay to Ashton Paul any amount properly due and payable
- If the Client is otherwise in breach of its obligations
Ashton Paul must serve notice in writing on the Client specifying the event and requiring its remedy. If the Client fails to remedy the same within 14 days of service of such notice, Ashton Paul may by further notice in writing forthwith terminate the Appointment (provided that such notice shall not be given unreasonably or vexatiously).
13.3 Automatic Termination
Either party may terminate the Appointment by notice in writing to the other forthwith if the other ceases for any reason to carry on its business or is unable to pay its debts, or if any distress or execution shall be levied upon such other party's property or assets, or if such other party shall make or offer to make any arrangement or composition with its creditors or commits any act of bankruptcy.
13.4 Fees on Termination
Upon the determination of the Appointment, Ashton Paul shall be entitled to a proportion of the Fee calculated on a quantum meruit basis (fair value for work completed).
14. Assignment and Sub-contracting
Neither Ashton Paul nor the Client shall assign the whole or any part of the benefit of, or in any way transfer the obligation of, the Appointment without the prior consent in writing of the other.
Ashton Paul shall not sub-contract any of the Services without the consent of the Client, such consent not to be unreasonably withheld or delayed.
15. Governing Law
The validity, construction and performance of the Standard Terms and the Appointment shall be governed by English Law.
Any difference or dispute arising out of the Standard Terms or the Appointment shall be referred by either of the parties to arbitration by a person to be agreed between the parties or, failing agreement within 14 days after either party has given the other a written request to concur in the appointment of an arbitrator, a person to be nominated at the request of either party by the President of the Chartered Institute of Arbitrators. Such arbitration shall be conducted in accordance with the Arbitration Act 1996.
16. Severability
If any provision or term of the Standard Terms or the Appointment shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such terms or provisions shall be divisible from the Standard Terms and/or the Appointment as the case may be and shall be deemed to be deleted therefrom.
17. Notices
Any notices served under or in connection with the Standard Terms or the Appointment shall be in writing and be properly served if sent by recorded delivery or registered post to the address of the party receiving it as notified from time to time by either party to the other.
18. Contracts (Rights of Third Parties) Act 1999
Nothing in this Agreement confers or purports to confer on any third party any benefit or any right to enforce any term of this Agreement.
19. Contact Information
If you have any questions about these Terms of Engagement, please contact us:
ASHTON PAUL (D&B) LTD
12 Lagham Park, South Godstone, Godstone, England, RH9 8ER
Email: ashton@ashton-paul.co.uk
Phone: 07736 733326