Civil Engineering Reference
In-Depth Information
There are two major problems which arise when an architect is engaged on a project from
which a previous architect has been dismissed or resigned. One concerns the professional
obligationnottoseektosupplantanotherarchitect.Theotherconcernscopyrightinanyma-
terial produced by the previous architect.
The RIBA Code of Professional Conduct does not expressly refer to taking over from a
previous architect, but information is contained in the excellent Guidance Notes, particu-
larly notes 4 and 7. In essence, an architect must not actively seek to take on a commission
on which another architect has been appointed. However, if approached by a client to take
on a commission, an architect should try to establish whether another architect was previ-
ously engaged. If there was a previous architect, the new architect must write to the former
architect, giving formal notification of appointment. It may be that the previous architect is
unhappy because of the circumstances in which his or her appointment has been terminated.
Perhaps there are fees owing, or the client may be taking some kind of legal action. On re-
ceipt of notification that a new architect is taking the commission, a former architect will
often write, stating that the new architect should not take the commission and setting out
a litany of problems with the client. None of this should concern the new architect unduly.
Havingnotified thepreviousarchitect, thenewarchitect cansimplygetonwiththejob.Ob-
viously, something written by the previous architect may cause the new architect to think
carefully about proceeding, but there is no requirement to refuse to work until the previous
architecthasbeenpaidinfull.Itisnopartofthearchitect'sdutytopassjudgmentonwheth-
er payment has been withheld rightly or wrongly; that is a matter for the courts. Ideally, the
previous engagement should have been amicably brought to an end and all fees due paid in
full, but life is rarely like that.
Copyright tends to be the most serious issue. If the new architect will be using any ma-
terial produced by the former architect, it is important that the client has a licence allowing
such use. The terms of engagement of the previous architect should make the copyright po-
sition clear, but disputes over unpaid fees may muddy the situation. Copyright issues are
notoriously complex, and the architect is not expected to be an intellectual property lawyer.
Therefore, if there is the slightest doubt, the architect should obtain an indemnity from the
client. This is a document, possibly in letter form, in which the client promises to indemnify
the architect against any liability, claims, etc. in connection with infringement of copyright.
It is not something to be scribbled hastily by the client in order to get the project underway.
The letter should be specially drafted by a lawyer experienced in this field. If satisfied that
thereisanexistinglicencewhichallowstheclientandanyinstructedprofessionaltouseand
