At DTM Legal, we support developers, contractors and consultants across the full lifecycle of construction and engineering projects. Alongside our Development Agreements expertise, we can facilitate and document the appointment of the professional team your project needs, ensuring the scope, fees, obligations and risk profile are clear from day one.
Professional appointments are often signed early and then relied upon throughout design and delivery. Getting them right helps protect budgets, programmes and working relationships, and reduces the scope for disputes later on.
Types of Professional Appointments We Can Assist With
We regularly advise on appointments for a wide range of project roles, including:
- Architects
- Structural / civil / MEP engineers
- Project managers / employer’s agents
- Quantity surveyors / cost consultants
- Building surveyors
- Principal Designer (CDM) and other health & safety roles
We can support both standard form appointments (such as commonly used industry templates) and bespoke appointment agreements tailored to your project.
Key Considerations When Putting Appointments in Place
We help ensure the agreement properly reflects how the project will run in practice, including:
- Scope and deliverables: defined services, outputs, RACI responsibilities, coordination duties, exclusions and assumptions
- Fees: fixed fee / capped fee / time charge rates, expenses, invoicing triggers, variations and payment timelines
- Standard of care: appropriate professional obligations (and alignment with funder requirements where relevant)
- Programme: milestones, information release schedules, and dependencies on third parties
- Insurance: required PI levels, duration of cover, notifications, and evidence obligations
- Liability and caps: limitations of liability, net contribution clauses, indirect/consequential loss wording where appropriate
- Third-party protection: collateral warranties or third-party rights for funders, purchasers and tenants
- Intellectual property: licence to use designs, BIM/digital deliverables, and ownership/usage rights on termination
- Novation: managing future novation to design-and-build contractors (if anticipated), and protecting the employer’s position
- Termination: clear termination triggers, handover obligations, step-in rights and payment provisions
- Dispute resolution: escalation procedures, mediation/adjudication/arbitration/litigation options
Benefits of Having Properly Drafted Appointments
- Clarity and accountability across the professional team
- Improved cost and programme control through defined deliverables and change mechanisms
- Reduced dispute risk by allocating responsibilities and risks appropriately
- Better funder and stakeholder confidence, particularly where collateral warranties or third-party rights are required
- Stronger legal protection if performance issues arise
Costs can vary depending on the number of appointments and the complexity of the project, including stakeholder requirements (for example, funders or tenants) and any collateral warranties or third-party rights needed. We offer transparent pricing and can provide a clear estimate once we understand the project structure and timescales.
Speak with a Member of the DTM Legal Team
If you need support putting professional appointments in place for a construction or engineering project, our team is here to help. Contact us to discuss your requirements by calling 01244 354800 / 0151 3210000 or emailing construction@dtmlegal.com.
