The following Construction guidance note provides comprehensive and up to date legal information covering:
The ACE Professional Services Agreement (PSA) is a standard form consultant appointment published by the ACE (Association for Consultancy and Engineering). This Practice Note looks at the 2017 edition (ACE published previous editions of the ACE Agreement and associated documents in 2009). The ACE PSA contains integrated guidance notes and is available in digital and hard copy form. The ACE also publishes other agreements, including, among others, a sub-consultancy agreement, a short form agreement and an agreement for use by a consumer (which are not covered by this Practice Note).
This Practice Note considers notable terms of the ACE PSA. It also looks at the form of collateral warranty intended for use with the ACE PSA and also refers to the services schedules published separately by the ACE for civil and structural engineering and mechanical and electrical engineering.
For more commentary on these forms when they were released, see News Analysis by Sir Vivian Ramsey: ACE Professional Service Suite of Agreements 2017 released.
This Practice Note uses the terms ‘Consultant’ and ‘Client’ as those are the expressions used for the parties in the ACE PSA.
The ACE PSA is intended to be used where an employer is engaging a consultant to design permanent works or where a contractor is engaging a consultant as a sub-consultant to carry out design.
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