Morris Associates :: Construction Disputes Specialists

Terms of Appointment

1. Morris Associates (hereinafter referred to as “the Consultant”) has agreed to provide professional services (hereinafter referred to as “the Services”) as detailed in the Confirmation of Appointment that encloses these Terms of Appointment to the individual, firm, organisation or public body referred to therein (hereinafter referred to as “the Client”).
2. Unless specifically varied in the Consultant’s Confirmation of Appointment or otherwise in writing by the Consultant, the following payment terms shall apply: all fees quoted are exclusive of VAT and to the extent that VAT is chargeable in respect of any goods, work or services supplied by the Consultant, VAT at the rate in force at the time of supply should be added to payments otherwise due. Pro-forma accounts will be rendered monthly and on completion of the services provided and will be due for payment strictly within 7 days of submission. Upon receipt of such payment, the Consultant will furnish a tax invoice in respect thereof, the tax point being the date of such payment.
3. The Consultant shall also be entitled to the reimbursement of all out of pocket expenses and disbursements reasonably incurred in connection with the Services. This will include the reimbursement of fares for First Class rail travel and Business or Club Class air travel, accommodation in four-star or equivalent hotels, mileage at the stated rate, etc.
4. Where the Consultant is appointed to act in connection with arbitration or litigation proceedings, all fees will be paid prior to and shall not be limited by taxation of fees and costs.
5. In certain circumstances at its discretion the Consultant may require some monies to be paid prior to commencement of work on account of fees likely to be incurred.
6. All fees quoted are subject to review by the Consultant annually and will apply from 1 May each year.
7. In the event that full payment is made later than required by Condition 2. hereof or if only partial payment is made, the Consultant may at its absolute discretion charge for administration costs at its hourly rate for chasing monies outstanding and interest on any monies owed at either the rate of 2% interest per month or at the annual rate of 7% above the base rate published from time to time by Barclays Bank plc, whichever is the greater rate, calculated weekly and compounded monthly.
8. The Consultant reserves unto itself the right to withdraw its services at its entire discretion, particularly in the event of any failure to pay its pro-forma accounts and invoices. Upon such withdrawal, the Consultant shall be under no liability whatsoever to the Client for any costs, losses and damages, howsoever arising, that the Client may incur of may have incurred.
9. It is hereby agreed between the Consultant and the Client that where the Consultant withdraws its services pursuant to Condition 8. hereof, the Consultant shall retain, and shall not be under any obligation to return or provide access to, any and all documents, papers, etc. belonging to the Client until payment is made in full of all the Consultant’s pro-forma accounts and invoices.
10. Copyright in all documents, papers, etc. prepared or caused to be prepared by the Consultant is expressly reserved by the Consultant.
11. These Terms of Appointment are governed by and subject to English Law and may be altered by the Consultant without notice.

Please click here for our Terms of Appointment for work outside the United Kingdom.