Letters, Instructions, etc.

Delivering Professional Solutions to the Property Industry

Michael Dunn FRICS FCIArb LLB LLM
T: 02079 976 520 and 01274 693 622
E: m.dunn@rpp.co.uk
www.rpp.co.uk

Introduction
The intention is to look at

letter writing

agenda and minutes of meetings

instructions

notes, records and internal memos

certificates

Communications generally
Architects communications

diverse in terms of

topic

formality

people

Communications generally

Things to consider?

recipient (i.e. audience)

subject matter

technical / appointment / contractual

purpose

client (existing / prospective) / contractor / planning authority /

colleague

direction / informative / inquisitorial

Communications generally

Things to consider?

style

terminology

use of capitals

NEC 3 use of italics

terms in documents e.g. the contract

means

formal e.g. a notice / personal /technical

post / e-mail / facsimile / special or recorded delivery

Letters: Structure
Senders Address

xxx

Your Ref: xxx

References

Our Ref: xxx

28 January 2011

RPP Limited

Date

ABC Construction Limited

xxx

Recipients name and

address

For the attention of xxx

Dear Sir
NEW FACTORY AT XYZ
We acknowledge

Yours faithfully

Main Body

Closing

Space for signature

For and on behalf of RPP Limited

Name

Subject

Letters: Salutation and Signing Off

Spectrum of formality listed below with corresponding sign off

Most formal

Least formal

Dear Sir/Madam

Yours faithfully

Dear Mr/Ms Jones

Yours sincerely

Dear Susan

Yours truly or Regards

or Sue

Letters: Example 1
To a prospective client, offering services
Dear [insert name]
I was interested to hear that you intend to [insert nature of development]. I do not
know whether you have already commissioned an architect for the work. If not, this
letter is to let you know that I would be delighted to discuss the project with you.
A copy of my illustrated brochure is enclosed and I hope you will find it of interest.
You will see that this practice is experienced in carrying out work of the kind you
appear to have in mind.
If you consider that a meeting would be mutually beneficial, please let me know. I
should make clear that I will not charge for any initial meeting.
Yours sincerely
Source: STANDARD LETTERS IN ARCHITECTURAL PRACTICE 4th ed D Chappell

Letters: : Example 2
To contractor, accepting tender and forming contract immediately

SPECIAL DELIVERY
Dear Sir
[Insert project name etc]

I am instructed to inform you that my client [insert name] accepts your tender dated
[insert date] in the sum of [insert amount in words] for the above work in accordance
with drawings numbers [insert numbers] and the bills of quantities [or specification]
and the terms of the contract noted in the preliminaries section of the bills of
quantities [or specification].
As agreed by telephone today, the date for possession will be [insert date], and
consequently the date for completion will be [insert date].
Yours faithfully

Copies:

Employer

Source: STANDARD LETTERS IN ARCHITECTURAL PRACTICE 4th ed D Chappell

Letters: Example 3
To quantity surveyor regarding defective work

Dear Sir
[Insert project name etc]
The following defective work has been noted on the above site:
[Insert list of defective work in sufficient detail to enable the quantity surveyor to
identify it. Include items from previous months until the defects have been corrected]
The above work is to be omitted from your next valuation.
Yours faithfully
Source: STANDARD LETTERS IN ARCHITECTURAL PRACTICE 4th ed D Chappell

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Letters: Example 4
To contractor, requiring making good during the rectification/ maintenance period

Dear Sir
[Insert project name etc]
As a matter of urgency, please carry out the making good as indicated on the enclosed
instruction.
The instruction is issued in accordance with clause 2.38.2.
Yours faithfully
Copy: Clerk of works
Source: STANDARD LETTERS IN ARCHITECTURAL PRACTICE 4th ed D Chappell

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Letters: Example 5
Cantrell and Another v Wright & Fuller Limited [2003] EWHC 1545 (TCC)
Dear Mr Cantrell
New EMI Unit - Phase 1
I now write to enclose the final certificate as per the contract sum, variations
and omissions. I believe this now discharges our obligations under the
contract.
I would respectfully remind you that you would be advised to check that the
sub-contractors have been paid their due amounts before you make any final
settlement.
Yours sincerely
C R Tanner

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Meetings
Examples

design

pre-start

progress meeting

Purpose

outcomes

agenda

Minutes

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record

issued

Meetings: Agenda
Sports Centre Development
Agenda for Pre Start Meeting
To be held on 2 May 2011 at 11.00am in the site office
Apologies
1.

Personnel

13. Contractors programme, form and updating

2.

Production information

14. Progress reporting

3.

Contractors copy of contract documents

15. Role of the clerk of works

4.

Insurances

16. Samples

5.

Bond

17. Covering up work

6.

Sub-contractors

18. Setting out

7.

Employers licensees

19. Services

8.

Architects instructions

20. Signboard

9.

Clerk of works directions

21. Consultants and their roles

10. Oral instructions

22. Procedural matters not otherwise covered

11. Queries and information requests

23. Any other business

12. Further meetings and participants

24. Date, time and place of next meeting

Based on an example agenda included in The Architect in Practice 9th Edition Chappell & Willis

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Meetings: Agenda
Sports Centre Development
Agenda for Progress Meeting to be held at site on xxx at 9.30am

AGENDA

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1.

Apologies

2.

Approval of Minutes of the Meeting held on xxxx (copy attached).

3.

Matters Arising

4.

Progress/Programme and Contractors Report

5.

Design/Information

6.

Health and Safety/CDM

7.

Any other business

8.

Date of next meeting

Meetings: Minutes

Structure - introduction:

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Project

Location

Title (of meeting)

Date

Time

Present

Meetings: Minutes
ITEM

DESCRIPTION

1.

APOLOGIES

2.

APPROVAL OF MINUTES OF THE MEETING HELD ON XXX

2.1

3.

MATTERS ARISING

4.

PROGRESS / PROGRAMME AND CONTRACTORS REPORT

5.

DESIGN / INFORMATION
5.1

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XXX

xxx

6.

HEALTH AND SAFETY / CDM

7.

ANY OTHER BUSINESS

8.

NEXT MEETING

9.

DISTRIBUTION

Action by
Date

Instructions
Instructions

direction / command / order

RIBA standard pro forma Under the terms of the above-mentioned contract,
I/We issue the following instructions:

SBC 05 clause 3.10

The Contractor shall forthwith comply will all instructions issued to him by the
Architect/Contract Administrator...

Examples

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Variations to the Works

postponement

removal of defective works

Instructions

Importance of wording
Simplex Concrete Piles Ltd v The Borough of St Pancras (1958) 14 BLR 80

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architects letter accepted quotation

no qualification e.g. no adjustment to the Contract Sum

Notes & Records

File notes / records

importance?

status?

Mr Recorder Toulson QCs said the architects assessment of an extension

of time was fundamentally flawed in a number of respects

no logical analysis in a methodical way of the impact of Relevant

Events

he made an impressionistic rather than a calculated assessment

he misapplied the provisions of the Contract

allowance for Relevant Events bore no logical or reasonable relation

to the delay caused

John Barker v London Portman Hotel (1996) 50 ConLR43

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Certificates

What is a certificate?

When the architect certifies, he is recording for the parties his professional,
personal and objectively arrived at opinion that the fact (sic) situation
recorded by the certificate is accurate at the time the certificate was issued.

Thus, the certificate must be one which clearly expresses the relevant opinion
of the Architect in a form that shows that the opinion is that of the Architect, is
the one which the contract calls for and which addresses and only addresses
the matters called for.
Cantrell v Wright & Fuller Ltd

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Certificates
Cantrell and Another v Wright & Fuller Limited [2003] EWHC 1545 (TCC)

Letter written by architect

Dear Mr Cantrell
New EMI Unit - Phase 1
I now write to enclose the final certificate as per the contract sum, variations and
omissions. I believe this now discharges our obligations under the contract.
I would respectfully remind you that you would be advised to check that the subcontractors have been paid their due amounts before you make any final
settlement.
Yours sincerely
C R Tanner

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Certificates

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The Employer took issue with the architects final account and as a consequence
the validity of the architects Final Certificate. The matter went first to arbitration
and then to the courts.

The Judges comments in Cantrell v Wright & Fuller Ltd on the architects
documents were as follows:

the certificate was in a form identical to the immediately preceding interim

certificate .

the sum certified did not state that it was the product of the completed
adjustment process required by clause 30.6.2.

the requirement that the certificate was to be paid within 14 days clearly
indicated, in context, that the certificate was an Interim Certificate.

Certificates

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Judges comments in Cantrell v Wright & Fuller Ltd

the covering letter referred to the certificate as "the final certificate" whereas
the conditions carefully define the certificate as being the "Final Certificate"
using capital letters.

the covering letter also referred to the certificate as being "as per the contract
sum, variations and omissions". This wording would appear to differentiate
the certificate from one certifying the "Adjusted Contract Sum.

the covering letter suggested that Mr Cantrell check that all nominated subcontractors have been paid in full before "you make any final settlement. The
language suggests that the Architect was envisaging a less formal procedure
and that the certificate was not the Final Certificate.

Certificates

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Judges comments in Cantrell v Wright & Fuller Ltd

the covering letter uses the words "before you make any final settlement".
This suggests that the sum certified was intended to be one about which the
parties would be having further discussions.

the Architect suggested in sending the final certificate: "I believe this now
discharges our obligations under the contract". Had the certificate been the
Final Certificate it would have been more natural for the Architect to have
positively asserted: "This Final Certificate now discharges our obligations
under the contract".

Final Thought
In early December 2003 Mr Bullen sent an email to one of his colleagues, in which he
expressed reservations about Mr Mell:
"Have been thinking about Ampleforth I don't think the replacement PM is up to
the job!!! Have not decided how to play this with Jim Fletcher as yet because I do
not want to prolong my involvement with the projectI'll let you know how it
goes."
In the light of Mr Talabani's evidence on this point, the terms of his email of 26th
August 2004 is surprising: "The only thing holding up executing the contract docs is
Shires appointment. I suggest we issue a letter of intent for the whole value up to
the end of the job. Then Shires can go fuck themselves."

The Trustees of Ampleforth Abbey Trust v Turner & Townsend Project

Management Limited [2012] EWHC 2137 (TCC)

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Final Thought

All of this does, of course, emphasize the vital point that the duty of a
professional man, generally stated, is not to be right, but to be careful.
Royal Brompton Hospital NHS Trust v Hammond and others (No 7) (2000)
76 ConLR 148

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Questions
Delivering Professional Solutions to the Property Industry

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