Carefully drafted professional appointments will set the standard required from the consultant. A basic standard of care is to state that the consultant will use 'reasonable skill and care' in performing its services. This, however, is not considered to be the 'highest possible' degree of skill and care, as the consultant will be judged against an average consultant in the same profession. The contract might therefore strengthen the standard of care by, for example, referring to a consultant having the appropriate qualifications for a particular industry and/or being an experience consultant on projects of a similar size to the project in question. This ensures that the consultant is tied to measurable standards.

Certain words can be incorporated into the professional appointment to raise the standard of care above the norm where a consultant has held himself out as having skills and abilities above the norm. We can also incorporate a stronger obligation here for 'fitness for purpose', which means that when the project is completed it will be fit for its intended use. This means that the consultant is effectively guaranteeing that, for instance, its design will be fit for purpose. Consultants will often resist this obligation being included within the contract, however, this is something our expert construction solicitors can negotiate on your behalf.

Professional indemnity insurance insures the professional consultant against liability for professional negligence, for example liability arising from defective design or negligent advice. In addition to the requirements of its professional body, a professional consultant is invariably required to main professional indemnity insurance as a condition of its professional appointment. This is because:

• the client can claim damages for breach of contract if the professional consultant fails to comply with its contractual duty to maintain professional indemnity insurance; and

• the professional appointment can set out detailed obligations, beyond the minimum required by the professional consultant's professional body.

Our expert construction solicitors will ensure a professional indemnity insurance clause is included within the professional appointment that covers the level of insurance required, who the insurer is, how long the insurance is to be maintained, how to check whether the professional consultant is maintaining professional indemnity insurance, what happens if the insurance ceases to be available on the required terms and what happens if a claim is made.

It may be a requirement of a professional appointment to provide collateral warranties or third party rights (under the Contracts (Rights of Third Parties) Act 1999), in favour of other parties with an interest in the project. This may include a funder, tenant, purchaser or the employer under the building contract in some situations.

It may also be the case that in a design and build project, the professional consultant engaged by the employer may be novated to the contractor as the building contract is put in place. You would therefore require a Deed of Novation to be drafted in order to do this.

Our expert construction solicitors can advise accordingly on the correct contracts you require to be in place between all parties of the construction project to ensure your interests are protected at all times.