EFM home
  020 3367 2207

Terms and Conditions documents

The sample contracts below are for reference and are are not necessarily indicative of all our formal contracts.

 

 1. APPOINTMENT OF EFM CONSULTANT

 

The Educational Facilities Management Partnership Ltd (trading as EFM) is hereby appointed to report, provide advice on the potential impact on education facilities and appropriate mitigation measures, and to negotiate towards a settlement with the Local Authority in relation

to  *         

for *                                                   

 

EFM will be represented by Steve Clyne  (“the Consultant”) until changed by mutual consent.

 

The Consultant will be guided in the broad parameters of the assignment by                                                                                                  (“the Client Representative”).

 

The Consultant will be responsible and accountable for providing the Client with both solicited and (where appropriate) unsolicited advice, covering the whole range of school place provision issues and related matters, up to the point at which a decision is made on the application submitted or no further progress towards agreement with the Local Authority is possible. The Consultant will also prepare a report setting out EFM’s advice, and assessment of the position reached with the Local Authority – any such report to be provided in first draft form for consideration by the Client.

 

Thereafter the assignment may be extended by mutual consent to include further reports, meetings with the Client [and/or his advisers], meetings with representatives of education and planning authorities [either with the Client and/or his advisers] or as a representative of the Client. Subsequently the assignment may also be extended to include the preparation of evidence for an Inquiry and attendance at an Inquiry to give evidence.

 

The Consultant will be the day to day contact and expected to respond promptly to requests.

 

At all times, EFM and the Consultant will seek to be objective in the collection and analysis of data, and will apply proper professional standards to the use of that data in deriving conclusions, and making recommendations. 

 

The Consultant for this assignment is specifically responsible for:

 

  • Representing the EFM name and reputation;
  • Representing the Client as appropriate;
  • Dealing with care and skill and in a fashion appropriate to a competent consultant in this field;
  • Day to day liaison with the Client Representative;
  • Reporting progress, as and when requested, to the Client Representative and to EFM;
  • Identifying any team resources necessary to carry out the work required;
  • Ensuring that the Client’s other advisers are actively engaged in the assignment when appropriate; and
  • Co-ordinating the work of other EFM staff with regard to this appointment.

 

Where information provided by the Client, the Client’s other advisors or commercial data providers is used, the source of that information will be properly attributed in any formal reports produced.  However, neither EFM nor the Consultant will be responsible for the accuracy of such data.

 

EFM and the Consultant will be responsible for any professional advice given either verbally or contained within reports provided under this agreement.

 

In any discussions, meetings and/or correspondence the Consultant is expected to be conversant with the relevant technical parlance, to challenge assumptions and to act as a professional adviser to the Client.

 

EFM and the Consultant will not be responsible for the content of reports and/or any conclusions contained within any such report in the event that the Client changes the base information upon which the report relies.

 

EFM will maintain Professional Indemnity Insurance at all times to the level of £1 million in aggregate.

 

All EFM staffs undertake annual continuing education and professional development that is recorded in the Company CPD file.  EFM will maintain its registration under the relevant BS/ISO 9000 scheme.

 

Employees of EFM will not during or after the termination of this agreement use other than for the business of the Client, or disclose to any person, firm or company, any confidential documents, secrets or confidential information relating to the Client, unless authorised in writing.

 

Once invoices properly raised are settled, any reports produced under this agreement by EFM are the joint property of the Client and EFM and, in an unamended form, may be used by the Client in the furtherance of its business but may not be traded separate to an interest in the applicable development without the consent of EFM.

 

I agree that the fee for the assignment will be £ (exclusive of VAT) excluding meetings and courier charges. Part invoices will be raised as the assignment progresses. Meetings outside London are charged at £ + vat and within London at the hourly rate, inclusive of travel costs.

 

Any work outside of this appointment at an hourly rate will be £/hr (exclusive of VAT)

with mileage charged at £0.83p/mile

 

Payment is due on receipt of an invoice within 30 days.

 

Signed *                                                                                                              

 

                                                               

Date *                                                                                                                  

 

Name *                ________________    

 

 

On behalf of *   ________________                                                   

 

 

FURTHER RELATED ASSIGNMENTS

 

Note: A noted up version of this agreement is to be issued for each change / extension / amendment to this agreement.

 

No.

Date

Task

Due date

Rate

Apportionment

Counter sig.

1

 

 

 

 

 

 

2

 

 

 

 

 

 

 

 

 

 

 

2. Client Standard short Form deed of Appointment

 

 

 [or to be typed on Client entity letterhead]

 

[Name of consultant practice]
[Address]

[Date]

 

Dear Sirs

Project XXX (the “Development”)

1                  We wish to instruct you to carry out the services (the “Services”) identified in paragraph 2 of the schedule to this letter (the “Schedule”) in respect of the matters relating to and/or elements of the Development (the “Project”) identified in paragraph 1 of the Schedule. The Services will if so stated include the production of a written report or reports (a “Report”) explaining your conclusions.  Your appointment is on the terms set out in this letter and the Schedule and no other terms will apply unless specifically noted in paragraph 3 of the Schedule. 

2                  We require you to perform the Services using all reasonable skill and care, in accordance with our instructions and having regard to any specific timing and/or other requirements that we may notify to you.

3                  For performing the Services in accordance with this letter we will pay you a fee in the sum noted in paragraph 4 of the Schedule.  This fee is inclusive save in respect of VAT.  We will pay you any properly chargeable VAT on receipt of a valid VAT invoice.  

4                  You will retain the copyright in any written or other materials produced by you in the performance of the Services (including a Report if applicable) but by accepting the appointment under this letter you grant an irrevocable, royalty-free, non-exclusive licence to us and to the parties identified in paragraph 7 of the Schedule to use all such materials.

5                  You will not assign or transfer any right or obligation in relation to this appointment without our prior written consent.  In particular you will not, without our prior written consent, sub-contract to any person the performance of any of the Services.

6                  We will have no claim against you under or in connection with this letter and/or any Report after the expiry of the period noted in paragraph 5 of the Schedule other than in respect of any claims notified to you prior to that date.

7                  By accepting the appointment under this letter, you agree to maintain professional indemnity insurance for the period noted in paragraph 5 of the Schedule with a level of cover not less than the sum stated in paragraph 6 of the Schedule, provided that such insurance is available in the UK market on commercially reasonable rates and terms.  You also agree to supply upon request a broker’s letter to show that insurance is being maintained in accordance with this paragraph.

8                  In accepting the appointment under this letter you agree that such appointment may be enforced and that any Report may be used and relied upon by the parties identified in paragraph 7 of the Schedule pursuant to the Contracts (Rights of Third Parties) Act 1999 as if this letter had been issued by any of them, and you shall be entitled in any proceedings under this Act to rely on any limitation in this letter and to raise equivalent rights of defence of liability (but excluding set-offs and counterclaims).

9                  The provisions of this letter may be waived or varied by agreement between you and us without the consent of any of the parties identified in paragraph 7 of the Schedule.

10                In accepting the appointment under this letter you agree to keep confidential all information relating in any way to the Development, to our business and to the business of any of the parties identified in paragraph 7 of the Schedule, unless and until such information comes into the public domain other than through any breach by you of this requirement.

11                We may at any time terminate this appointment or suspend the performance of the Services by written notice to you.  In that event we shall pay to you any unpaid instalments of the fee which have accrued due up to the date of termination or suspension, but we will have no liability to you for any other costs or losses suffered by you as a result.

Please sign and return the attached copy of this letter to signify your acceptance of its contents.

Yours faithfully

 

…………………………………………………….
Signed on behalf of Grainger [●]  Limited

Print Name:

 

Signed on behalf of [CONSULTANT]

…………………………………………………….
Director/Partner/Authorised signatory[1]

Print name:

…………………………………………………….
Date

 

 

SCHEDULE

 

1

Project

[Identify the matters relevant to the Development and/or the elements of the Development to which the Services relate]

2

Services

 

 

 

 

 

[Identify elements to be surveyed]

[Identify other services to be performed]

[Include any particular objectives/issues to be covered]

[State whether a Report is to be produced]

3

Terms included by reference

 

[None]

4

Fee

 

£[●]

5

Limitation Period

 

[6][12] years

6

Required level of professional indemnity insurance cover

 

£[●] [ for any one claim]

[in the aggregate]

7

Third parties with an interest in the Project

  • Any entity providing funding (or committed to providing funding) to us in relation to the Project or any part of it;
  • Any purchaser of a freehold or long leasehold interest in any part of the site of the Project, or in the works to comprise the Development or any part thereof (other than individual residential units);
  • Any tenant of a commercial element of the Project;
  • Any holder of a reversionary interest in the Project or any part of the Development, of any tier;
  • [Any provider of latent defects insurance in respect of the Project];
  • [Any registered social landlord taking an interest in the Project];
  • [Other interested parties]; and,
  • [The main contractor employed or to be employed to carry out the proposed works at the Property]


[1] Delete as applicable

EFM home
Terms and Conditions documents

The sample contracts below are for reference and are are not necessarily indicative of all our formal contracts.

 

 1. APPOINTMENT OF EFM CONSULTANT

 

The Educational Facilities Management Partnership Ltd (trading as EFM) is hereby appointed to report, provide advice on the potential impact on education facilities and appropriate mitigation measures, and to negotiate towards a settlement with the Local Authority in relation

to  *         

for *                                                   

 

EFM will be represented by Steve Clyne  (“the Consultant”) until changed by mutual consent.

 

The Consultant will be guided in the broad parameters of the assignment by                                                                                                  (“the Client Representative”).

 

The Consultant will be responsible and accountable for providing the Client with both solicited and (where appropriate) unsolicited advice, covering the whole range of school place provision issues and related matters, up to the point at which a decision is made on the application submitted or no further progress towards agreement with the Local Authority is possible. The Consultant will also prepare a report setting out EFM’s advice, and assessment of the position reached with the Local Authority – any such report to be provided in first draft form for consideration by the Client.

 

Thereafter the assignment may be extended by mutual consent to include further reports, meetings with the Client [and/or his advisers], meetings with representatives of education and planning authorities [either with the Client and/or his advisers] or as a representative of the Client. Subsequently the assignment may also be extended to include the preparation of evidence for an Inquiry and attendance at an Inquiry to give evidence.

 

The Consultant will be the day to day contact and expected to respond promptly to requests.

 

At all times, EFM and the Consultant will seek to be objective in the collection and analysis of data, and will apply proper professional standards to the use of that data in deriving conclusions, and making recommendations. 

 

The Consultant for this assignment is specifically responsible for:

 

  • Representing the EFM name and reputation;
  • Representing the Client as appropriate;
  • Dealing with care and skill and in a fashion appropriate to a competent consultant in this field;
  • Day to day liaison with the Client Representative;
  • Reporting progress, as and when requested, to the Client Representative and to EFM;
  • Identifying any team resources necessary to carry out the work required;
  • Ensuring that the Client’s other advisers are actively engaged in the assignment when appropriate; and
  • Co-ordinating the work of other EFM staff with regard to this appointment.

 

Where information provided by the Client, the Client’s other advisors or commercial data providers is used, the source of that information will be properly attributed in any formal reports produced.  However, neither EFM nor the Consultant will be responsible for the accuracy of such data.

 

EFM and the Consultant will be responsible for any professional advice given either verbally or contained within reports provided under this agreement.

 

In any discussions, meetings and/or correspondence the Consultant is expected to be conversant with the relevant technical parlance, to challenge assumptions and to act as a professional adviser to the Client.

 

EFM and the Consultant will not be responsible for the content of reports and/or any conclusions contained within any such report in the event that the Client changes the base information upon which the report relies.

 

EFM will maintain Professional Indemnity Insurance at all times to the level of £1 million in aggregate.

 

All EFM staffs undertake annual continuing education and professional development that is recorded in the Company CPD file.  EFM will maintain its registration under the relevant BS/ISO 9000 scheme.

 

Employees of EFM will not during or after the termination of this agreement use other than for the business of the Client, or disclose to any person, firm or company, any confidential documents, secrets or confidential information relating to the Client, unless authorised in writing.

 

Once invoices properly raised are settled, any reports produced under this agreement by EFM are the joint property of the Client and EFM and, in an unamended form, may be used by the Client in the furtherance of its business but may not be traded separate to an interest in the applicable development without the consent of EFM.

 

I agree that the fee for the assignment will be £ (exclusive of VAT) excluding meetings and courier charges. Part invoices will be raised as the assignment progresses. Meetings outside London are charged at £ + vat and within London at the hourly rate, inclusive of travel costs.

 

Any work outside of this appointment at an hourly rate will be £/hr (exclusive of VAT)

with mileage charged at £0.83p/mile

 

Payment is due on receipt of an invoice within 30 days.

 

Signed *                                                                                                              

 

                                                               

Date *                                                                                                                  

 

Name *                ________________    

 

 

On behalf of *   ________________                                                   

 

 

FURTHER RELATED ASSIGNMENTS

 

Note: A noted up version of this agreement is to be issued for each change / extension / amendment to this agreement.

 

No.

Date

Task

Due date

Rate

Apportionment

Counter sig.

1

 

 

 

 

 

 

2

 

 

 

 

 

 

 

 

 

 

 

2. Client Standard short Form deed of Appointment

 

 

 [or to be typed on Client entity letterhead]

 

[Name of consultant practice]
[Address]

[Date]

 

Dear Sirs

Project XXX (the “Development”)

1                  We wish to instruct you to carry out the services (the “Services”) identified in paragraph 2 of the schedule to this letter (the “Schedule”) in respect of the matters relating to and/or elements of the Development (the “Project”) identified in paragraph 1 of the Schedule. The Services will if so stated include the production of a written report or reports (a “Report”) explaining your conclusions.  Your appointment is on the terms set out in this letter and the Schedule and no other terms will apply unless specifically noted in paragraph 3 of the Schedule. 

2                  We require you to perform the Services using all reasonable skill and care, in accordance with our instructions and having regard to any specific timing and/or other requirements that we may notify to you.

3                  For performing the Services in accordance with this letter we will pay you a fee in the sum noted in paragraph 4 of the Schedule.  This fee is inclusive save in respect of VAT.  We will pay you any properly chargeable VAT on receipt of a valid VAT invoice.  

4                  You will retain the copyright in any written or other materials produced by you in the performance of the Services (including a Report if applicable) but by accepting the appointment under this letter you grant an irrevocable, royalty-free, non-exclusive licence to us and to the parties identified in paragraph 7 of the Schedule to use all such materials.

5                  You will not assign or transfer any right or obligation in relation to this appointment without our prior written consent.  In particular you will not, without our prior written consent, sub-contract to any person the performance of any of the Services.

6                  We will have no claim against you under or in connection with this letter and/or any Report after the expiry of the period noted in paragraph 5 of the Schedule other than in respect of any claims notified to you prior to that date.

7                  By accepting the appointment under this letter, you agree to maintain professional indemnity insurance for the period noted in paragraph 5 of the Schedule with a level of cover not less than the sum stated in paragraph 6 of the Schedule, provided that such insurance is available in the UK market on commercially reasonable rates and terms.  You also agree to supply upon request a broker’s letter to show that insurance is being maintained in accordance with this paragraph.

8                  In accepting the appointment under this letter you agree that such appointment may be enforced and that any Report may be used and relied upon by the parties identified in paragraph 7 of the Schedule pursuant to the Contracts (Rights of Third Parties) Act 1999 as if this letter had been issued by any of them, and you shall be entitled in any proceedings under this Act to rely on any limitation in this letter and to raise equivalent rights of defence of liability (but excluding set-offs and counterclaims).

9                  The provisions of this letter may be waived or varied by agreement between you and us without the consent of any of the parties identified in paragraph 7 of the Schedule.

10                In accepting the appointment under this letter you agree to keep confidential all information relating in any way to the Development, to our business and to the business of any of the parties identified in paragraph 7 of the Schedule, unless and until such information comes into the public domain other than through any breach by you of this requirement.

11                We may at any time terminate this appointment or suspend the performance of the Services by written notice to you.  In that event we shall pay to you any unpaid instalments of the fee which have accrued due up to the date of termination or suspension, but we will have no liability to you for any other costs or losses suffered by you as a result.

Please sign and return the attached copy of this letter to signify your acceptance of its contents.

Yours faithfully

 

…………………………………………………….
Signed on behalf of Grainger [●]  Limited

Print Name:

 

Signed on behalf of [CONSULTANT]

…………………………………………………….
Director/Partner/Authorised signatory[1]

Print name:

…………………………………………………….
Date

 

 

SCHEDULE

 

1

Project

[Identify the matters relevant to the Development and/or the elements of the Development to which the Services relate]

2

Services

 

 

 

 

 

[Identify elements to be surveyed]

[Identify other services to be performed]

[Include any particular objectives/issues to be covered]

[State whether a Report is to be produced]

3

Terms included by reference

 

[None]

4

Fee

 

£[●]

5

Limitation Period

 

[6][12] years

6

Required level of professional indemnity insurance cover

 

£[●] [ for any one claim]

[in the aggregate]

7

Third parties with an interest in the Project

  • Any entity providing funding (or committed to providing funding) to us in relation to the Project or any part of it;
  • Any purchaser of a freehold or long leasehold interest in any part of the site of the Project, or in the works to comprise the Development or any part thereof (other than individual residential units);
  • Any tenant of a commercial element of the Project;
  • Any holder of a reversionary interest in the Project or any part of the Development, of any tier;
  • [Any provider of latent defects insurance in respect of the Project];
  • [Any registered social landlord taking an interest in the Project];
  • [Other interested parties]; and,
  • [The main contractor employed or to be employed to carry out the proposed works at the Property]


[1] Delete as applicable