Civil Engineering Reference
In-Depth Information
In theory, it depends on whether the professional is acting as principal by providing profes-
sional services to a client or whether the professional is acting as agent for a client. In prac-
tice these situations sometimes get mixed up. For example, architects often make planning
applications or building regulation submissions as agents for their clients. Surveyors may
attend meetings on behalf of clients or may be instructed by clients to negotiate boundaries
and the like.
However, architects are not acting as agents when they give advice on the suitability of
buildingsitesorwhentheydesignbuildings,administer contractsoractasexpertwitnesses.
Quantitysurveyorsactasprincipals,notagents,whentheypreparebillsofquantitiesorgive
cost advice.
If professionals are acting as principals in providing a service to their clients, such clients
are entitled to what they have contracted to receive, but no more. For example, a quantity
surveyor who has agreed to provide bills of quantities or specifications is obliged to provide
suchbillsandspecifications,butnotanyoftheroughcalculationsorworkingsthatpreceded
them. An architect must provide designs and working drawings, but not the rough sketches
and notes. If a client sends original documents such as leases or conveyances, they obvi-
ously remain the client's property. If they are copies, it depends on circumstances whether
they must be returned.
If professionals are acting as agents, their clients are entitled to all the documents created
bytheprofessionals orreceived bythemfromthirdparties inthecourseofdischarging their
ent is entitled to the submission together with the approvals once received.
A professional is entitled to retain all the client's letters, copies of the professional's own
belong to the client when a professional is acting as agent and more likely that they belong
to the professional when that professional is providing a service.
Obviously, the parties to a contract can expressly agree to vary those general terms.
Indeed, many terms of engagement that have been especially drafted for the benefit of the
client have clauses that modify the position in favour of the client. Some are modified to
such an extent that the client may call for any information required whether or not it is
strictly part of the professional's own file.
