Law360, London: On 16 January 2020, the City of London Police said the boss of a struggling consultancy business was ordered to pay compensation and handed a suspended prison sentence after trying to inflate a genuine insurance claim by £200,000.

According to COBS 6.1C, FCA defines a consultancy charge as: ‘Any charge payable by or on behalf of an employee to a firm or other intermediary (whether or not that intermediary is an employee benefit consultant) in respect of advice given, or services provided, by the firm or intermediary to the employer or employee in connection with a group personal pension scheme or group stakeholder pension scheme, where those charges have been agreed between the firm or intermediary and the employer in accordance with the rules on consultancy charging and remuneration.’

Someone who advises on technical or architectural matters during the building works

Date [insert date] 20[insert year] Parties 1 [insert name of Consultant] (Company Number [insert company number]), whose registered office is at [insert address] (the ‘Consultant’); [and] 2 [insert name of Beneficiary] (Company Number [insert company number]), whose registered office is at [insert address] (the ‘Beneficiary’, which expression shall include successors in title and any permitted assigns)[; OR .] 3 [[insert name of Employer ] (Company Number [insert company number]), whose registered office is at [insert address] (the ‘Employer’).] Recitals (A) [[insert name of Employer] (Company Number [insert number]) whose registered office is at [insert address] (the ‘Employer’) OR The Employer] has appointed the Consultant under an appointment dated [insert date] (the ‘Appointment’) to perform [insert details of services] services (the ‘Services’) at the development known as [insert details] (the ‘Project’). (B) The Beneficiary has agreed to [provide finance in connection with OR purchase a freehold interest in OR enter into a lease for [insert details] at] the Project. (C) The Consultant has agreed to execute this Deed in favour of the Beneficiary Now in consideration of the payment of £1 (receipt of which is hereby acknowledged by the Consultant) This

Date [insert date] 20[insert year] Parties 1 [insert name of Consultant] (Company Number [insert company number]), whose registered office is at [insert address] (the ‘Consultant’); [and] 2 [insert name of beneficiary] (Company Number [insert company number]), whose registered office is at [insert address] (the ‘Beneficiary’, which expression shall include successors in title and any permitted assigns)[; and OR .] 3 [[insert name of Employer] (Company Number [insert company number]), whose registered office is at [insert address] (the ‘Employer’).] Recitals (A) [[insert name of Employer] (Company Number [insert number]) whose registered office is at [insert address] (the ‘Employer’) OR The Employer] has appointed the Consultant under an appointment dated [insert date] (the ‘Appointment’) to perform [insert details of services] services (the ‘Services’) at the development known as [insert details] (the ‘Project’). (B) The Beneficiary has agreed to [provide finance in connection with OR purchase a freehold interest in OR enter into a lease for [insert details] at] the Project. (C) The Consultant has agreed to execute this Deed in favour of the Beneficiary Now in consideration of the payment of £1 (receipt of which is hereby acknowledged by the Consultant)

Date [insert date] 20[insert year] Parties 1 [insert name of Consultant] (Company Number [insert company number]), whose registered office is at [insert address] (the ‘Consultant’); 2 [insert name of Employer] (Company Number [insert company number]), whose registered office is at [insert address] (the ‘Beneficiary’, which expression shall include successors in title and any permitted assigns); and 3 [insert name of Contractor] (Company Number [insert company number]), whose registered office is at [insert address] (the ‘Contractor’). Recitals (A) The Beneficiary appointed the Consultant under an appointment dated [insert date] (the ‘Appointment’) to perform [insert details of the services] services (the ‘Services’) in connection with [insert description of the project] (the ‘Project’). (B) The Beneficiary engaged the Contractor under a contract dated [insert date] (the ‘Building Contract’) to carry out design and construction works in connection with the Project. (C) The Beneficiary has novated the Appointment to the Contractor by way of a deed of novation dated [insert date] and the Consultant has agreed to execute this collateral warranty in favour of the Beneficiary. Now in consideration of the payment of £1 (receipt of which is hereby acknowledged by the Consultant) This deed witnesses

Date [insert date] 20[insert year] Parties 1 [insert name of Consultant] (Company Number [insert company number]), whose registered office is at [insert address] (the ‘Consultant’); 2 [insert name of Employer] (Company Number [insert company number]), whose registered office is at [insert address] (the ‘Beneficiary’, which expression shall include successors in title and any permitted assigns); and 3 [insert name of Contractor] (Company Number [insert company number]), whose registered office is at [insert address] (the ‘Contractor’). Recitals (A) The Beneficiary appointed the Consultant under an appointment dated [insert date] (the ‘Appointment’) to perform [insert details of the services] services (the ‘Services’) in connection with [insert description of the project] (the ‘Project’). (B) The Beneficiary engaged the Contractor under a contract dated [insert date] (the ‘Building Contract’) to carry out design and construction works in connection with the Project. (C) The Beneficiary has novated the Appointment to the Contractor by way of a deed of novation dated [insert date] and the Consultant has agreed to execute this collateral warranty in favour of the Beneficiary. Now in consideration of the payment of £1 (receipt of which is hereby acknowledged by the Consultant) This deed witnesses

1 Consultant warranties and undertakings 1.1 The Consultant warrants and undertakes that: 1.1.1 the Consultant has observed and performed and shall continue to observe and perform all the terms and obligations of the Consultant under the Appointment in accordance with the terms of the Appointment; 1.1.2 in respect of the performance of the Services under the Appointment, the Consultant has exercised and shall continue to exercise all the reasonable skill, care and diligence to be expected of a properly qualified and competent professional consultant experienced in projects of similar scale, scope, character, complexity and value as the Project. 1.2 The Consultant's duties under this Memorandum shall be no greater and of no longer duration than the duties which it owes to the Employer under the Appointment and the Consultant shall be entitled in any action or proceedings to rely on any limitation in the Appointment and to raise the equivalent rights in defence of liability as it would have against the Employer under the Appointment had the Beneficiary been named as joint employer under the Appointment, save with respect to any set-off or counterclaim.

1 Consultant warranties and undertakings 1.1 The Consultant warrants that: 1.1.1 the Consultant has observed and performed and shall continue to observe and perform all the terms and obligations of the Consultant under the Appointment in accordance with the terms of the Appointment; 1.1.2 in respect of the performance of the Services under the Appointment, the Consultant has exercised and shall continue to exercise the reasonable skill and care to be expected of a properly qualified and competent professional consultant experienced in projects of similar scale, scope, character, complexity and value as the Project. 1.2 The Consultant's duties under this Memorandum shall be no greater and of no longer duration than the duties which it owes to the Employer under the Appointment and the Consultant shall be entitled in any action or proceedings to rely on any limitation in the Appointment and to raise the equivalent rights in defence of liability as it would have against the Employer under the Appointment had the Beneficiary been named as joint employer under the Appointment. 2 Deleterious materials The Consultant warrants that it has not used or specified

Professionals appointed by the employer to provide design, management, cost control and other related services. They include the architect, quantity surveyor, manager'>project manager, and specialists such as the structural engineer and services engineer. The consultants are often collectively referred to as the professional team.

Consultants carrying out the role of certifier Consultants such as employers’ agents, contract administrators, project managers and architects are often required to act as certifier under a building contract. For example, under several of the JCT forms of contract, including the Standard Building Contract and Intermediate Building Contract, the architect/contract administrator is responsible for making a number of decisions, including issuing the practical completion certificate and certificate of making good (see also Practice Note:Administration of construction contracts). Under the JCT Design and Build Contract 2011/2016/2024, the employer’s agent takes on this role. Under the NEC3/NEC4 contracts the project manager has the role of certifier, and there are equivalent roles under other standard form building contracts (see for example Practice Note: FIDIC contracts 2017—the role of the Engineer). Acting in the role of certifier requires the consultant to act in a decision making capacity, and the role carries with it duties to act fairly and impartially as between the employer and contractor. Consultants do not usually have such duties when they are acting solely on behalf of one party. What

Consultant appointments take many forms and there is considerable flexibility in the layout and in the drafting of clauses. Parties may choose to adopt one of the standard forms of appointment published by industry bodies, see for example Practice Notes: RIBA Standard Professional Services Contract 2020 for Architectural Services, NEC Professional Service Contract, ACE Professional Services Agreement and CIC Consultants' Contract Conditions. Alternatively, many consultants and employers have their own bespoke terms for the appointment of consultants on construction projects. This Checklist sets out the key clauses which should generally be included in a well-drafted consultant appointment. It can be used when drafting or reviewing proposed terms for a consultant. This Checklist contains links to clauses within our clause bank which may be used or adapted for use in consultant appointments. For precedent forms of consultant appointment (which contain the provisions referred to below), see Precedents: Consultant’s appointment—long form design and Consultant’s appointment—long form non-design. Cover page For clarity, a well-drafted appointment should have a cover page containing the date on which the appointment is executed, the names of the parties