Episode 78:

Hello and Welcome to the Part3 with me podcast, 

The show that helps part 3 students jump start into their careers as qualified architects and also to provide refresher episodes for practicing architects. I am your host Maria Skoutari and this week we will be talking about the RIBA Client Adviser Role. Todays episode meets PC1 & PC2 of the Part 3 Criteria.

So what and who is a client adviser:

The RIBA Client Adviser service started in 2005 by the RIBA to support clients in delivering their projects, getting the most out of their design team and learning from past experiences. 

A RIBA Client Adviser is usually an experienced architect and professional practitioner (but not the one designing the building) working with the client's team, is independent of the supply team, and monitors and helps the client to manage the design process from its earliest stages. Helping clients maintain control over issues affecting the quality, value and lifecycle of a building project. This includes advising on developing the brief, examining feasibility and capacity, setting sustainability and safety strategies and assisting to select the right team. 

The UK Government recommends the early appointment of an independent client adviser (like a RIBA Client Adviser) to provide high level expert advice and to help protect the client's interests.

RIBA Client Advisers are selected by the RIBA from their membership for their all-round procurement expertise, design experience, business knowledge and track-record of delivering results in construction projects helping to provide clear and independent advice to clients through the whole life of the project.  They can assist the client to develop the scope of work for consultants and define a clear set of deliverables, as well as advising on the structure and appointment of the design team and contractor. Client Advisers can be used on any type of procurement.  

Depending on the clients needs, some of the Client Advisers key skills include:

• Exploring high-level options for meeting their clients business or strategic needs
• Consulting with key stakeholders to identify significant project issues
• Carrying out strategic risk assessments of the project
• Preparing the outline business case
• Identifies lessons learned from previous experience
• Prepare the project brief, output specification and sustainability goals
• Assist to define project outcomes and benefits
• Provide guidance on the use and benefits of BIM
• Prepare feasibility studies and a strategic business case for the project
• Ensure the project is compliant with the original brief 
• Assisting to set a budget and propose a funding strategy
• Checking budgets, design proposals, construction details and project documentation 
• Identify and develop the most appropriate procurement strategy for the project
• Prepare and implement strategies for handover, soft landings and post occupancy evaluation
• Manage the invitation, evaluation and selection of tenders from design and construction teams

So, how can RIBA Client Advisers be appointed and were would a client look to find someone:

In terms of how to find and appoint someone, clients can contact the RIBA Client Services team to advise them on why, how and when they should engage and appoint a Client Adviser. Or the client can also refer to the Client Adviser Register. 

Now in terms of their actually appointment, they are appointed directly by the client and the RIBA Client Adviser Professional Services Contract can be used for their appointment. 

The RIBA Client Adviser Professional Services Contract has been developed to be aligned with the RIBA Plan of work, it provides fair terms for both parties and is compliant with the Consumer Rights Act.  

Similarly with the other RIBA Professional Services Contracts I mentioned in the previous episode, the Client Adviser Professional Services Contract also consists of the Agreement, Contract Details, Contract Conditions and Schedule of Services.

It also includes a contract checklist at the start for items to be considered before signing the Contract.

Similarly with the other Contract Forms, under the Agreement: 

This is the section where the parties to the Contract sign and date the document.

Then are the Contract Details were:

• Under Item A - The clients name and details are stated
• Under Item B - Would be the architects/consultants name and details are stated
• Then under Item C - is the site address to be outlined
• Item D - Is where the Project Brief is outlined, together with the construction cost and project programme
• Under Item E - Are the names of any other client appointments needed on the project 
• Item F - Covers the Basic Fee and other Services
• Item G - Is for time charges
• Item H - Expenses
• Item I - Would state the payment frequency 
• Item J - Includes the Professional indemnity insurance
• Item K - The dispute resolution options
• And Item L - Information formats to be shared

Then we have the Contract Conditions which are split into the Definitions of Terms and the Clauses:

The Definition of Terms is essentially a list of words and phrases that are found throughout the document and are explained within the definition of terms.

Then the Clauses section are the major terms of the Contract which determine the obligations of the parties. The Clauses are set out in a similar order to the Contract Details.

• Section 1 - Covers General Interpretation of the Contract
• Section 2 - States the Clients Responsibilities
• Section 3 - States the Client Advisers Responsibilities
• Section 4 - States any Assignment, Subcontracting or Third Party Rights
• Section 5 - Sets the requirements for Fees and Expenses including Payment Notices and Notice of Intention to Pay Less
• Section 6 - Outlines the agreement regarding Copyright and Licenses
• Section 7 - States the Client Advisers Liability 
• Section 8 - States the requirements for the client adviser to hold an active Professional Indemnity Insurance
• Section 9 - States the process when it comes to suspending or terminating the contract
• Section 10 - States the preferred methods of Dispute Resolution to be used if a dispute arises under the contract 
• Section 11 - Sets out the Information Formats to be shared

And then following the clauses, you have the Schedule of Services:

Which sets out the specific services that the Client Adviser will carry out at each stage of the project from RIBA Stages 0-7 as well as scope for any Other and Additional Services that may be required. 

In terms of each parties obligations and liabilities under the Appointment Contract, looking at the client first:

• They should inform the Client Adviser of the project requirements 
• Provide the Client Adviser with all necessary information of the project to assist with the performance of their services
• Make timely decisions and approvals
• Provide timely payment for the services performed
• Appoint others as required under separate agreements and appointments and ensure collaboration between all parties
• Hold the contractor appointed to undertake the construction work responsible for the proper carrying out and completion of the works and not the Client Adviser
• Not hold the Client Adviser responsible for any instructions issued by the client to the other client appointment or the contractor 
• Identify that the Client Adviser does not warrant compliance with the project programme and construction cost and the competence, performance, work or services by any of the other client appointments or contractor 
• And the client shall not disclose any confidential information unless necessary 

Now in terms of the Client Advisers obligations and liabilities, these include:

• That the Client Adviser is required to exercise reasonable skill, care and diligence expected of an experienced Client Adviser of a similar size, nature and complexity of the project 
• Perform their services to meet the clients brief
• Inform the client at all times of the progress and performance of the services that may affect the project brief, programme, construction cost or quality
• Act on behalf of the client on matters set out in the contract agreement 
• Collaborate with any other client appointments 
• They have the right to retain copyright in the documents produced for the purposes of performing the services
• They also have the right to suspend or terminate their services if the client fails to pay any fees or amounts due and commence dispute resolution procedures
• Similar with the client, the Client Adviser shall not disclose any confidential information unless necessary 

So once a Client Adviser is selected and appointed, there a number of ways they can help clients make their buildings better, including:

1. Enhancing client resources and the business plan - The RIBA Register of Client Advisers includes cross-sector experience including housing, education, wellbeing and so on, as well as sustainability experts which the Client Adviser can bring into the clients team and resources. In terms of the business plan, Client Advisers offer long-term strategies for development, advising on the impacts on people, places and facilities, from inception before the design team is appointed. This process will help inform the client’s estate decisions and if the result could be new or re-purposed buildings or no building at all.

2. Assisting with the development of the brief - The client adviser supports the client to determine the scope of the project and its wider objectives.

3. They promote embedding quality - The client adviser assists the client on how to define a realistic approach to balancing time, cost and quality and providing a clear vision, articulated in specific values and objectives, informing how appointments are made embedding quality from the outset. Advisers can also help clients to push quality as a project develops by structuring focused evaluation processes and promoting design reviews. They encourage clients to thinking more about and managing quality, enabling them and their design teams to get to the heart of a project and be clear about priorities.

4. They also assist with User experience - Client advisers know that to make better buildings and environments you need to learn from experience. Their wide experience of varied client types, scales and institutions and use techniques and data help clients benefit from their experience both before starting a project and after completion – through post-occupancy evaluation.

5. Sustainability - Client advisers can help ensure that the requirements to achieve the client sustainability goals are incorporated into the brief, maintained through the design process and measured post-occupancy. Early decisions made on orientation and siting of buildings contribute to energy performance and user satisfaction and the Client Adviser can assist the client to embed these in the process from the outset.

6. They assist with Team selection - And finding the design team that is the best fit for the project. As experienced architects, client advisers offer a unique perspective from both sides of the project team, which is of particular value to clients when selecting the design team. Through an in-depth understanding of delivering this role, combined with experience of interpreting clients’ needs on each specific project, client advisers can help to identify the benefits of the different approaches available in the current market. This includes: reviewing the range of skills and experience needed; defining consultants’ scope of services as some may be part of a core team and others specialists with more targeted roles; advising on the best procurement method for selecting the team; and managing the assessment process to evaluate the potential consultants.

7. And of course, adding value - By taking a strategic overview early on, clients with the Client Advisers make a long-lasting impact through inspiring leadership, strategic thinking and holistic and evidence-based assessment in a broader context. Client Advisers define the purpose and provide the resources necessary to ensure the client’s needs are met. As experienced architects, client advisers bring critical analysis and design-thinking to the project, helping to lay the foundations for a successful project long before the design team is appointed. They form strong working relationships with clients, providing valued independent advice throughout the life of one project and into the next.

So to sum up what I discussed today:

• RIBA Client Advisers are experienced architects and professional practitioners who work as part of the client team
• RIBA Client Advisers are assessed and accredited by the Royal Institute of British Architects in recognition of their all-round procurement expertise, design experience, business knowledge and track-record of delivering results on construction projects. 
• They are appointed directly by the client and can be appointed using the RIBA Client Adviser Professional Services Contract
• RIBA Client Advisers assist on the clients resources and business plan, project brief, ensure high quality throughout, keep user experience at the forefront and ensure its utilised to a high standard, adopt and pursue sustainability methods, assist with team selection and add great value to all projects they are involved in 

So today, instead of a scenario I will provide you with a case study to demonstrate how a Client Adviser Brough value to a project:

1. The aim of this case study was to identify achievable solutions to improve best practice for delivery of education-led mixed-use projects. To increase preparedness in advance of complex projects, the RIBA Client Adviser, was appointed and developed baseline information for the Design Team. A key aspect was creating a template for Schools’ user requirements – an Education Design Brief – alongside a methodology for preparing this during Stage 0. A school was selected as a Test Case, to trial the process and inform the template. Having established a strong working relationship with London Borough of Camden, as both Architect and Strategic Adviser, they were invited to review the internal processes for major capital projects in the Communities Investment Programme (CIP) and to advise on improvements to achieve best practice. Acting as a strategic independent adviser the Client Adviser on the project helped identify key areas to help increase both efficiency for the Local Authority client and support better outcomes for projects. 

2. Another example, the project comprises the demolition of existing buildings in a triangular site and the construction of a new high-quality mixed-use scheme, which will revitalise the town centre. The scheme is a mix of retail, commercial, offices and residential buildings with associated underground parking and a new public town plaza at its heart. It seeks to improve accessibility and links with the local Shopping Centre, High Street and the Maidenhead railway station. The Client Adviser was commissioned by London and Aberdeen prior to site purchase, as an RIBA Client Adviser, to determine the mix, massing, heights and density for the new development. The scheme had already been through several design iterations with another developer and had not been successful in achieving planning approval. The Adviser, working closely with the client and RBWM, helped to set and get agreement to the basic parameters for the scheme, which enabled the client to purchase the site.