ACE Agreement 1 Design 2009 Edition: A Comprehensive Guide
The ACE Agreement 1 Design 2009 Edition is a widely used standard form contract that is designed for use in the engineering and construction industry. It is created and published by the Association for Consultancy and Engineering (ACE), a professional organization that represents consulting and engineering firms across the UK.
This agreement is primarily used for engineering and construction projects, where the consultant is responsible for designing the project and the client is responsible for implementing it. It covers a wide range of services including the preparation of plans, specifications, and other design documents.
Here are some key features of the ACE Agreement 1 Design 2009 Edition:
1. Scope of services
The agreement clearly defines the scope of services that the consultant will provide, including the type of work and the deliverables that are expected. This helps to avoid any misunderstandings or disputes between the parties.
2. Payment terms
The payment terms are set out in detail, including the fees that will be charged and the method of payment. This provides clarity on the financial aspects of the project and ensures that both parties are aware of their obligations.
3. Intellectual property rights
The agreement sets out the ownership of intellectual property rights, including copyright and design rights. This is important as it ensures that the consultant retains ownership of their work and can use it for future projects.
4. Liability and indemnity
The agreement includes provisions for liability and indemnity, whereby the consultant agrees to indemnify the client against any claims arising from the consultant`s negligence. This provides a measure of protection for both parties.
5. Dispute resolution
The agreement includes provisions for dispute resolution, including the use of mediation and arbitration. This provides a mechanism for resolving disputes in a timely and cost-effective manner.
In summary, the ACE Agreement 1 Design 2009 Edition is a comprehensive and widely used standard form contract that provides clarity on the scope of services, payment terms, intellectual property rights, liability and indemnity, and dispute resolution. It is a valuable tool for consultants and clients alike, providing a clear framework for successful projects in the engineering and construction industry.