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Introduction
The intention is to look at
letter writing
instructions
certificates
Communications generally
Architects communications
diverse in terms of
topic
formality
people
Communications generally
Things to consider?
subject matter
purpose
Communications generally
Things to consider?
style
terminology
use of capitals
means
Letters: Structure
Senders Address
xxx
RPP Limited
Date
xxx
Yours faithfully
Main Body
Closing
Name
Subject
Most formal
Least formal
Dear Sir/Madam
Yours faithfully
Yours sincerely
Dear Susan
or Sue
Letters: Example 1
To a prospective client, offering services
Dear [insert name]
I was interested to hear that you intend to [insert nature of development]. I do not
know whether you have already commissioned an architect for the work. If not, this
letter is to let you know that I would be delighted to discuss the project with you.
A copy of my illustrated brochure is enclosed and I hope you will find it of interest.
You will see that this practice is experienced in carrying out work of the kind you
appear to have in mind.
If you consider that a meeting would be mutually beneficial, please let me know. I
should make clear that I will not charge for any initial meeting.
Yours sincerely
Source: STANDARD LETTERS IN ARCHITECTURAL PRACTICE 4th ed D Chappell
Letters: : Example 2
To contractor, accepting tender and forming contract immediately
SPECIAL DELIVERY
Dear Sir
[Insert project name etc]
I am instructed to inform you that my client [insert name] accepts your tender dated
[insert date] in the sum of [insert amount in words] for the above work in accordance
with drawings numbers [insert numbers] and the bills of quantities [or specification]
and the terms of the contract noted in the preliminaries section of the bills of
quantities [or specification].
As agreed by telephone today, the date for possession will be [insert date], and
consequently the date for completion will be [insert date].
Yours faithfully
Copies:
Employer
Letters: Example 3
To quantity surveyor regarding defective work
Dear Sir
[Insert project name etc]
The following defective work has been noted on the above site:
[Insert list of defective work in sufficient detail to enable the quantity surveyor to
identify it. Include items from previous months until the defects have been corrected]
The above work is to be omitted from your next valuation.
Yours faithfully
Source: STANDARD LETTERS IN ARCHITECTURAL PRACTICE 4th ed D Chappell
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Letters: Example 4
To contractor, requiring making good during the rectification/ maintenance period
Dear Sir
[Insert project name etc]
As a matter of urgency, please carry out the making good as indicated on the enclosed
instruction.
The instruction is issued in accordance with clause 2.38.2.
Yours faithfully
Copy: Clerk of works
Source: STANDARD LETTERS IN ARCHITECTURAL PRACTICE 4th ed D Chappell
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Letters: Example 5
Cantrell and Another v Wright & Fuller Limited [2003] EWHC 1545 (TCC)
Dear Mr Cantrell
New EMI Unit - Phase 1
I now write to enclose the final certificate as per the contract sum, variations
and omissions. I believe this now discharges our obligations under the
contract.
I would respectfully remind you that you would be advised to check that the
sub-contractors have been paid their due amounts before you make any final
settlement.
Yours sincerely
C R Tanner
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Meetings
Examples
design
pre-start
progress meeting
Purpose
outcomes
agenda
Minutes
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record
issued
Meetings: Agenda
Sports Centre Development
Agenda for Pre Start Meeting
To be held on 2 May 2011 at 11.00am in the site office
Apologies
1.
Personnel
2.
Production information
3.
4.
Insurances
16. Samples
5.
Bond
6.
Sub-contractors
7.
Employers licensees
19. Services
8.
Architects instructions
20. Signboard
9.
Based on an example agenda included in The Architect in Practice 9th Edition Chappell & Willis
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Meetings: Agenda
Sports Centre Development
Agenda for Progress Meeting to be held at site on xxx at 9.30am
AGENDA
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1.
Apologies
2.
3.
Matters Arising
4.
5.
Design/Information
6.
7.
8.
Meetings: Minutes
Structure - introduction:
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Project
Location
Date
Time
Present
Meetings: Minutes
ITEM
DESCRIPTION
1.
APOLOGIES
2.
3.
MATTERS ARISING
4.
5.
DESIGN / INFORMATION
5.1
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XXX
xxx
6.
7.
8.
NEXT MEETING
9.
DISTRIBUTION
Action by
Date
Instructions
Instructions
RIBA standard pro forma Under the terms of the above-mentioned contract,
I/We issue the following instructions:
The Contractor shall forthwith comply will all instructions issued to him by the
Architect/Contract Administrator...
Examples
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postponement
Instructions
Importance of wording
Simplex Concrete Piles Ltd v The Borough of St Pancras (1958) 14 BLR 80
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importance?
status?
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Certificates
What is a certificate?
When the architect certifies, he is recording for the parties his professional,
personal and objectively arrived at opinion that the fact (sic) situation
recorded by the certificate is accurate at the time the certificate was issued.
Thus, the certificate must be one which clearly expresses the relevant opinion
of the Architect in a form that shows that the opinion is that of the Architect, is
the one which the contract calls for and which addresses and only addresses
the matters called for.
Cantrell v Wright & Fuller Ltd
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Certificates
Cantrell and Another v Wright & Fuller Limited [2003] EWHC 1545 (TCC)
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Certificates
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The Employer took issue with the architects final account and as a consequence
the validity of the architects Final Certificate. The matter went first to arbitration
and then to the courts.
The Judges comments in Cantrell v Wright & Fuller Ltd on the architects
documents were as follows:
the sum certified did not state that it was the product of the completed
adjustment process required by clause 30.6.2.
the requirement that the certificate was to be paid within 14 days clearly
indicated, in context, that the certificate was an Interim Certificate.
Certificates
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the covering letter referred to the certificate as "the final certificate" whereas
the conditions carefully define the certificate as being the "Final Certificate"
using capital letters.
the covering letter also referred to the certificate as being "as per the contract
sum, variations and omissions". This wording would appear to differentiate
the certificate from one certifying the "Adjusted Contract Sum.
the covering letter suggested that Mr Cantrell check that all nominated subcontractors have been paid in full before "you make any final settlement. The
language suggests that the Architect was envisaging a less formal procedure
and that the certificate was not the Final Certificate.
Certificates
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the covering letter uses the words "before you make any final settlement".
This suggests that the sum certified was intended to be one about which the
parties would be having further discussions.
the Architect suggested in sending the final certificate: "I believe this now
discharges our obligations under the contract". Had the certificate been the
Final Certificate it would have been more natural for the Architect to have
positively asserted: "This Final Certificate now discharges our obligations
under the contract".
Final Thought
In early December 2003 Mr Bullen sent an email to one of his colleagues, in which he
expressed reservations about Mr Mell:
"Have been thinking about Ampleforth I don't think the replacement PM is up to
the job!!! Have not decided how to play this with Jim Fletcher as yet because I do
not want to prolong my involvement with the projectI'll let you know how it
goes."
In the light of Mr Talabani's evidence on this point, the terms of his email of 26th
August 2004 is surprising: "The only thing holding up executing the contract docs is
Shires appointment. I suggest we issue a letter of intent for the whole value up to
the end of the job. Then Shires can go fuck themselves."
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Final Thought
All of this does, of course, emphasize the vital point that the duty of a
professional man, generally stated, is not to be right, but to be careful.
Royal Brompton Hospital NHS Trust v Hammond and others (No 7) (2000)
76 ConLR 148
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Questions
Delivering Professional Solutions to the Property Industry
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