About ACE

Purpose of ACE• ACE exists to represent its members’ interests to clients,

both government and private sector, and stakeholder organisations, including the professional institutions, industry bodies and academic institutions. In addition ACE keeps abreast of the latest developments which affect our member’s businesses.

Values

ACE’s strategic aims

• To be the voice of the UK industry

• To continue to increase its representation

• To promote the business interests of its sector to UK and global stakeholders, including governments and clients

• To provide business information, services and standards for the sector

• To operate a dynamic and sustainable business structure

Membership - national

• Approximately 600 companies

• Representing 90,000 employees

• Corporate membership

• 96% SME – 87% employ fewer than 50 people

• But – most of UK’s major consultancies are also represented

ACE in Scotland

• 84 member companies represented at around 152 locations

• Represented by ACE Scotland Committee

• Engagement with key government, client and stakeholder bodies in Scotland

ACE Agreements

• ACE prepare Agreements for

• Design

• Advisory, Investigation and other Services

• Design & Construct

• Sub-Consultancy

• Homeowner

• Expert Witness

• Adjudicator

Agreement 9

• Certification is NOT design

• Considered that a separate Agreement was required for Certification

• Worked with SER in developing Agreement 9

Agreement 9

• Part A: Memorandum of Agreement

• Part B: Particulars of Agreement

o Defines agreed Professional Indemnity Levels for Certification

o Defines Period of Liability for Certification

• Part C: Programme

• Part D: Schedule of Fees

Part E: Terms of Contract

Clients Obligations

E2.2 The Client shall supply the Consultant without charge and in a timely fashion with all necessary and relevant information in the possession of the Client or any of the Client’s agents consultants or contractors and with any necessary instructions decisions consents or approvals.

Part E: Terms of Contract

Client Obligations

E2.3 In particular, the Client shall use reasonable endeavours to procure that the Contractor provides and procures from Sub-Contractors (as such terms are defined in Part F: the Schedule of Services) and supply to the Consultant without charge and in a timely fashion all information within the scope of Structural Design Information (defined in Part F: the Schedule of Services) or otherwise necessary to permit the Consultant to perform the Services.

Part E: Terms of Contract

E5.7 Save in respect of personal injury or death, the Client shall look only to the Consultant (and not to any of the Consultant’s personnel) for redress if the Client considers that there has been any breach of this Agreement. The Client agrees not to pursue any claims in contract, delict or statute (including negligence) against any of the Consultant’s personnel as a result of carrying out its obligations under or in connection with this Agreement at any time and whether named expressly in this Agreement or not.

Part E: Terms of Contract

E5.9 The Consultant shall not be in breach of its obligations under this Agreement to the extent that the reason the Certificate is not issued (or its issue is delayed) is the Client’s failure to comply, or delay in complying, with clause E2.2 or E2.3.

Part E: Terms of Contract

E5.10 The parties agree that the services specified in Part F: The Schedule of Services do not give rise to any duty (whether under contract, delict or tort, at common law or under statute):-

 

(1) to check whether Structural Designers have discharged any duty of care undertaken by them to the Client or to any other party

 

Part E: Terms of Contract

(2) to verify the adequacy of the Structural Design Information beyond that which is necessary to issue the Certificate in accordance with the Act and the Regulations

 

(3) to warn the Client of defects or potential defects in the design of the Works except as expressly stated in Part F: The Schedule of Services

 

Part E: Terms of Contract

E5. 11 The issue of a Certificate or Form Q in accordance with Part F: The Schedule of Services is not and shall not be deemed to be a warranty or undertaking by the Consultant that the Structural Design Information is or may be fit for purpose.

Part F: Schedule of ServicesDefinitions

Certification Strategy

the strategy agreed between the Client and the Consultant to procure the issue of the Certificate, taking into account the type of construction procurement, programme, information required from the Client, the Scheme requirements and all applicable statutory requirements.

Part F: Schedule of ServicesDefinitions

Contractor

a contractor who has responsibility for the preparation of Structural Design Information (including any prepared by Sub-Contractors)

Sub Contractor

persons employed by the Contractor with responsibility for preparing Structural Design Information for any part of the Project

Part F: Schedule of ServicesDefinitions

Other Consultants

those consultants involved in the Project (other than the Consultant) who are involved in the design, detailing or specification of elements of work which require certification under the Scheme and who consequently are defined as Structural Designers under the Scheme

Structural Designer(s)

each person engaged on the Project who has responsibility for preparing Structural Design Information for the Project or any part of it (including Sub-Contractors)

Part F: Schedule of ServicesPre Certification

• Obtain from Client details of project, programme, warrant application staging

• Advise Client on relationships of other parties to the process and name Certifier

• Advise Client on Structural Design Information and programme for receipt to meet agreed programme

• Agree Certification Strategy

• Obtain from Client Application Forms and Structural Design Information for the warrant

Part F: Schedule of ServicesCertification

• Review the provided Structural Design Information (SDI) for compliance with Building Standards

• Advise Client on omissions in SDI preventing certification

• Advise relevant Structural Designer and Client if SDI information does not comply with Building Standards Section 1

• Request and receive revised SDI on non compliant issues and assess revised SDI

Part F: Schedule of ServicesCertification

• When satisfied with SDI, procure Certificate and Issue to Client with Schedule 1 Form (if required)

• Request Client procures from Contractor & Sub Contractors all SDI required for Schedule 1 Items

Part F: Schedule of ServicesForm Q

• Review the provided Schedule 1 SDI for compliance with Building Standards

• Advise Client on omissions in Schedule 1 SDI preventing completion of Form Q

• Advise relevant Structural Designer and Client if Schedule 1 SDI information does not comply with Building Standards Section 1

• Request and receive revised SDI on non compliant issues and assess revised SDI

• When satisfied with Schedule 1 SDI, issue completed Form Q to Client

Part F: Schedule of ServicesAmendment to Warrant

• Amendments to Certified Design require a review – additional fees referred to

• Client provides full details of amendments to certified design to Certifier

• Certifier advises whether a new certificate is needed

• Where a new certificate needed then certification process redone

• Where original certificate stands then Certifier advises Client and writes to Verifier confirming this.

Why use Agreement 9?

• Separates Design from Certification

• Shows Certification has value

• Defines liability and obligations

• It defines who else is a Structural Designer for certification purposes

• Provides a common scope of services

Where can I buy Agreement 9?

www.acenet.co.uk and click on ACE Agreements

Paper and Digital Versions available

Member and non-member prices

ACE Survey on SER Scheme

ACE Committee in Scotland regularly receive comments and queries on SER Scheme mainly on an informal basis.

To allow definition of whether the issues raised are general and define the scale of issues a survey was prepared and is running till end of November 2011.

Survey discussed with SER prior to issue and some additional questions added at their request.

ACE Survey on SER Scheme

• The results of survey will be reviewed and analysed and an action plan prepared which may involve

• Training and seminars for other professions

• Representation to Scottish Government/ LA’s (Verifiers)

• Representation to SER

• Representation to Agreement drafting organisations/ NBS, etc.

ACE Survey on SER Scheme

Survey is open to both ACE member firms and non-member firms and we would like as many certifiers and approved bodies as possible to respond-

TELL YOUR COLLEAGUES

Findings will be shared with SER but identity of respondents won’t be shared. All respondents will be provided with survey results.

ACE Survey on SER Scheme

www.acenet.co.uk/ser

Will only take 5 minutes to respond and have your thoughts counted