Appointing Consultants
{1. Agents/Surveyors}
{2. Lawyers}
{3. Forensic Accountants}
{4. Design Consultants}
{5. Construction Consultants}
2. Lawyers
1. Agents/Surveyors
3. Forensic Accountants
4. Design Consultants
5. Construction Consultants
1. Parties
1. Who is the Appointer
[1. Is it a direct appointment]
[2. Is it a indirect appointment]
[3. Specify counterparty name in the notes]
[4. Is the appointment non-assignable]
[5. Is the appointment assignable]
[6. Is the appointment subcontractable]
2. Who is the Appointee
[1. Is it a direct appointment]
[2. Is it a indirect appointment]
[3. Specify counterparty name in the notes]
[4. Is the appointment non-assignable]
[5. Is the appointment assignable]
[6. Is the appointment subcontractable]
3. Governance
[1. Anti Money Laundering]
[2. Antibribery and corruption]
[3. Know your client]
[4. Sanctioned entities]
4. Provenance
[2. Tax transparency]
[3. Reputational]
[4. Human rights]
[5. Modern slavery]
5. Appointer's Security
[1. Guarantor]
[2. Reference]
[3. Specify other in the Notes]
6. Appointee's Security
[1. Guarantor]
[2. Reference]
[3. Specify other in the Notes]
3. Financial
1. Fee
2. Fee Payment trigger
3. Multiple appointees
[1. Sole agency]
[2. Multiple agency]
[3. Capped fee]
[4. Agents to resolve effective cause]
4. Fee administration
5. Abortive fees
6. Caps and Collars
[1. minimum fee]
[2. maximum fee]
4. Term and Termination
1. How long is the appointment
[1. Fixed term]
[2. Monthly]
[3. Indefinite until terminated]
[4. Linked to life of the project]
[5. Specify other in the notes]
2. Termination for cause
[1. Insolvency]
[2. Breach]
[3. By Appointer]
[4. By Appointee]
[5. Specify other in the notes]
3. Discretionary termination
[1. Natural end date]
4. Notice
5. After termination
[1. Handover of documents]
[2. Intellectual Property]
[3. Specify anything else in the notes]
5. Performance
1. Monitoring
[1. review meetings]
[2. escalation generally]
2. Disputes
6. General
[2. GDPR]
[3. Jurisdiction]
2. Scope
1. Scope
[1. Written scope]
[3. One document with all terms]
[4. Multiple attachments]
[5. Are you referencing Standards and KPI's]]
[6. Specify what else you need in the notes]
[7. If a renewal do you have all the previous terms]
3. Standard terms
[1. Do they override the scope?]
[2. Do they only add to it if consistent with the scope]
[3. Disregard inconsistencies?]
4. From where does the appointee provide the services?
[1. Anywhere]
[2. One location]
[3. Multiple locations]
5. Where are the services provided?
[1. Locally]
[2. Regionally]
[3. Nationally]
[4. Internationally]
6. Identity of the team
[1. Specified team leader]
[2. Specified team members]
[3. Unspecified team members]
7. Complying with Standards and KPI's
8. Liability
1. Triggered by a transaction event
[3. Simultaneous exchange and completion]
[4. post-completion events?]
[5. specify any other triggers in the notes]
1. Liability caps - use a,b,c etc?
[(a) specify amount in notes]
[(b) specify multiple of fee in the notes]
[(c) specify other arrangements in notes]
[(d) No liability cap]
2. Insurance - use a,b,c etc?
[(a) details to be provided prior to appointment]
[(b) details to be provided after the appointment]
[(c) details to be provided on request]
[(d) Is there a minimum sum]
1. Specify documents they must comply with
2. Specify standards they must comply with
[1. professional standards]
[2. moral standards]
[3. ethical standards]
[4. legal standards]
[5. Key Performance Indicators]
[6. other standards]
2. Is there a Retainer?
[1. Is it capped at a % of the overall fee]
[3. Is it deductible at the end]
1. Amount
1. Percentage
[1. percentage of base consideration]
2. Calendar date trigger
3. Is the trigger the effective cause
4. Type of transaction
[1. asset deal]
[2. debt deal]
[3. share deal]
[4. specify other in notes]
1. Billing arrangements
[1. Electronic]
[2. Non-electronic]
2. Payment speed
[1. 14 days]
[2. 28 days]
[3. 60 days]
[4. 90 days]
[5. Other]
3. Interest for late payment
[1. 14 days]
[2. 28 days]
[3. Other]
4. Termination for late payment
5. Currency
6. VAT
[1. Exclusive]
[2. Inclusive]
1. Yes
[1. How much]
[2. What triggers it]
2. No
1. Escalation prior to a dispute
2. 3rd Party referral
[1. Expert]
[2. Arbitration]
[3. Mediation]
[4. Non-Binding dispute resolution forum]
[5. Other]
1. Written notice
2. Length of notice
[1. 1 month]
[2. 3 months]
[3. 6 months]
[4. Specify other lengths in the notes]
2. Specified sums
3. Disbursements
2. percentage of additional consideration
[1. overage]
[2. deferred payments]
[3. clawback]
[4. specify other in notes]
3. Consultancy Fee
[1. Time based]
[2. Value based]
[3. Other]
5. Are you excluding any triggers?
[1. For an existing introduction]
[2. For an existing relationship]
[3. Other]
5. Criminal corporate offence
[1. One off on appointment]
[2. monitor and review after the appointment]
[3. Consequences of failure]
1. Jurisdiction of the counterparty
[1. Transparency for its covenant status/net worth]
[2. Is enforcement an issue?]
[3. Corporate and execution formalities]
1. Do you need a project description
[1. For the term of the appointment]
[2. For copyright]
[3. To give the scope proper meaning]
[4. For transaction triggers]
[5. For some other reason]
4. Announcements
[1. Confidentiality]
[2. Publicity]
2. By Appointer
[1. On notice]
3. By Appointee
[1. On notice]
2. Unconditional Exchange
[1. Transaction completion]
[2. Post completion events]
2. Is it a regular payment
[1. Monthly]
[2. Quarterly]
[3. Milestones]
[4. Other]
2. Copyright
[2. Appointer owns]
1. Appointee owns
[1. Licences to the other unconditionality]
[2. Licence for the project]
[3. Specify other arrangement in the notes]
2. Verbal scope
[1. How will you evidence it]
1. Conditional Exchange
[1. Unconditionality]
[2. Completion of the transaction]
[3. Post completion events]