Terms and Conditions

1.0      DUTY OF CARE

1.1      The Consultant shall exercise reasonable skill and care in conformity with the normal standards of our profession in performing the Services defined in the Client Agreement and discharging all our obligations.

2.0       FEES

2.1       The Client will pay the Consultant the fee and expenses set out in the Client Agreement.

2.2       Unless otherwise agreed, invoices will be submitted monthly or, if appropriate, a programme of instalments shall be drawn up.  Instalments may not necessarily reflect the progress of our works and, in such cases, payment shall be made in accordance with Clause 9.0 thereunder if suspension or termination occurs.

2.3       Payments are due within 21 days of the date of the invoice and the Consultant reserves the right to cease work on the project if fees are not paid by the due date.

2.4       Interest is payable on all outstanding amounts at the rate of statutory interest applicable on the payment due date, 8% above the Bank of England base rate. Interest is chargeable from the due date for payment accruing on a daily basis up to the date of receipt of cleared funds.

2.5       The Consultant reserves the right to cease work in the case of breach of contract or the non-payment of fees.

3.0       EXPENSES

3.1       Out of pocket expenses include the cost of hotel charges and travelling expenses within the United Kingdom, but exclude postage, telephone, internet and fax charges and various minor items, which are included in our fee.

3.2       Disbursements to be charged additionally include such items as:

3.2.1        Drawings and documents required by agents, funds or third parties with an interest in the development.

3.2.2        Colour prints and drawings. (A1 paper prints issued at £9.00 and emailed pdf drawings issued at £3.50 each and A3 paper prints issued at £3.00 each).

3.2.3        Physical models.

3.2.4        Site surveys, structural investigations and load tests (unless otherwise agreed).

3.2.5        Fees for specialist professional advice not covered by the Client Agreement.

3.2.6        All costs relating to the engagement and payment of resident site staff.

3.2.7        Special reports and photographs for publicity or progress records.

3.2.8        Letting specification, drawings, brochures.

3.2.9        Planning and Building Control Submission fees.

3.2.10      Courier charges.


4.1       Should there be a variation in the agreed scope of works the Consultant will identify and issue this in a Change Notification Form which will identify any fee or programme implications. All Change Notification Forms issued will need to be agreed by the Client before the Consultant progresses with any variations.

4.2       Time Charges - Hourly rates include direct staff costs as well as indirect overhead costs apportioned across all technical staff.


5.1       Although the Consultant is responsible for guiding the Client, the success of the project will depend to a large extent upon the Client’s instructions and approvals being given when required to suit the project timetable. The Client therefore will provide the Consultant with such information and make such decisions as are necessary for the proper performance of the agreed service.

5.2.      Additional charges may be made for extra work arising from changes or delays in Client instructions in accordance with clause 5.1.

5.3       The Consultant cannot accept responsibility for the connection of utilities or services or for upgrading of a service in the event of an increased loading requirement. It is the Client's responsibility to check with their chosen service providers that the required services can be supplied to the site.

6.0       COPYRIGHT

6.1       Intellectual property rights including copyright in the original work produced in the performance of the Service shall remain the property of the Consultant and the Consultant generally asserts the moral right to be identified as the author of such work.  However, the Client shall be entitled to use such documents and drawings under a non-exclusive license and subject to payment having been received by the Consultant of a license fee.

6.2       The Consultant shall not be liable for the consequences of any use of information or designs prepared by them except for the purposes for which they were provided.

6.3       Photography – The Consultant shall obtain the consent of the Client, which consent shall not be unreasonably withheld or delayed, before publication of any other information relating to the Project, unless reasonably necessary for the performance of the Services.


7.1       As a practice, we continuously strive to improve upon our service and approach and as such may request Client feedback at key project stages including post occupancy evaluations on completion with the Client’s consent.

8.0       ASSIGNMENT

8.1       Neither the Client or the Consultant shall at any time assign the benefit of this agreement or any rights arising under it without the prior written consent of the other, which consent shall not be unreasonably withheld or delayed.


9.1       In the event of our appointment being suspended the Consultant shall be entitled to fees for all work executed at that time.

9.2       During such a period of suspension the Consultant shall be reimbursed for all expenses, and disbursements necessarily incurred under this appointment.

9.3       On the resumption of a suspended service within six months previous payments will be regarded solely as payments on account towards the total fee.  The Consultant shall be entitled to treat as terminated any Appointment under which the service remains suspended for six months or more, and the provisions of 9.4 below shall then apply.

9.4       Should the Consultant’s appointment with you be terminated at any stage of the project because you decide to:

9.4.1        Relinquish your interest in the site or project to others

9.4.2        Proceed with the development without ourselves acting as your consultant designers

9.4.3        Abandon the development for any reason

9.4.4        Terminate the appointment for any reason

Then the fee due to the Consultant at the time of termination shall be calculated, either;

9.4.5        As a pro rata proportion of an agreed fixed fee

9.4.6        on a time charge basis at the agreed hourly rates or, 

9.4.7        in the event of no rates having been agreed, at the Consultant’s hourly rates current at that time, such sum shall be recoverable as a debt.   

9.5          The Consultant’s appointment with you may be terminated at any stage of the project by the Consultant for any reason.

9.6          Use of the Consultants documents and drawings in the event of termination shall be subject to Clause 6.0 above.


10.1    Limit of liability – in any such action or proceedings:

10.1.1     The Consultants liability for loss or damage shall not exceed the amount of the professional indemnity insurance specified in the Project, providing the Consultant has notified the insurers of the relevant claim or claims as required by the terms of such insurance.

10.1.2     No employee of the Consultant, including any officer or director of a company or a member of a limited liability partnership or any agent of the Consultant, shall be personally liable to the Client for any negligence, default or any other liability whatsoever arising from performance of the Services.

10.2    Net contribution – Without prejudice to the provisions of clause 10.1, the liability of the Consultant shall not exceed such sum as it is just and equitable for the Consultant to pay having regard to the extent of the Consultants responsibility for the loss and/or damage in question and on the assumptions, that:

10.2.1     All other consultants, contractors and other persons involved in the project have provided to the Client contractual undertakings on terms no less onerous than those of the Consultant under this Agreement;

10.2.2     All the persons referred to in this clause have paid to the Client such sums as it would be just and equitable for them to pay having regard to the extent of their responsibility for that loss and /or damage.


11.1    Nothing in this appointment shall confer or is intended to confer any right to enforce any of its terms on any person who is not a party to it other than lawful assignees.


12.1    Client confirmation of acceptance of this fee agreement is necessary for the Consultant to commence work. Confirmation may be by way of an email or post.


Guernsey Studio

Guelles Court
Guelles Lane
St Peter Port

9am - 5:30pm   |   01481 712633


Jersey Studio

12 Britannia Place
Bath Street
St Helier

9am - 5:30pm   |   01534 767950


Chloe Whitmore

E: chloe.whitmore@pfaarchitecture.com

T: 01481 712633

Chloe is the first point of contact in the Guernsey studio. She has moved from a career of more than 20 years in the legal profession to managing a creative environment and its people - a welcome change for her! Her experience and legal background are a great asset for the Group.

Ollie Muston MCIAT

E: ollie.muston@pfaarchitecture.com

T: 01481 712633

Having been educated and grown up in Guernsey and developing a passion for technical design work, information technology and an intrigue for building design and history during his GCSE years, Oliver decided to commence his career in 1999 as an Architectural Technologist with Lovell Ozanne one of the largest architectural practices in the Channel Islands,  During those first inspiring 9 years he gained his BTEC HNC qualification increasing his fundamental experience and developing his knowledge base by working on multi-million pound commercial and residential developments including, Mixed Use and Redevelopment Areas (MURA), offices, apartments and industrial units.  

Moving to the States of Guernsey’s Property Services Team in 2008, Oliver was able to learn invaluable working skills and practices, increasing his expanding skillset in tendering and contract administration, whilst having the opportunity to work on public buildings and the differing challenges brought about by these types of projects. These projects encompassed education premises, States buildings with high security requirements, projects at the airport and harbours and fully accessible health facilities.  Full Accessibility audits for the health facilities became a prominent project for Oliver as his career progressed and he carried out a number of audits and reports for substantial business within the Island.

Now with a total of 21 years’ experience within the industry, his expansive knowledge not only covers all areas of a very vast field, but includes all aspects of a project from inception right through to the final handover of a completed project; which, for Oliver is the most rewarding experience. 

Oliver’s exceptional wealth of knowledge has lead him to gain his chartership with the Chartered Institute of Architectural Technologists and was formally invited to become an Interview Assessor for the Institute in 2015, a position limited to only a small number and in which someone can only be invited by the Institute.  Oliver completed the necessary assessor training a few months later.  

Ever striving to continue growing and expanding his professional knowledge, Oliver is a driven member of PF+A and one of the top in his field. With his professional yet friendly approachable nature he is an individual able to facilitate and communicate to clients, contractors, sub-contractors and other third parties to ensure that a project is always the best it can be.  Internally an exceptional trainer to the less experienced members of the team with an ease of teaching methods to ensure an unseamingly level of continuity for their development.

In his spare time Oliver enjoys spending time with his young family of three daughters, experiencing travelling and cultural diversity and of course Guernsey’s beautiful outdoor environment.