For more comments on these forms from the date of their publication, see News Analysis published by Sir Vivian Ramsey: ACE Professional Service Suite of Agreements 2017. We have started the layout of the agreement. PSA 2017 moves away from the multi-stakeholder approach of the 2009 edition, which required extensive navigation. All operational provisions at the front of the document are now clearly delineated in the « contractual conditions » with obligations of advice, clientele and participation. All contract data is inserted in the following calendar and contains relevant alternatives in case the customer is a contractor. Psa 2017 also contains important user guides that are included in the sales contract. If a restructuring is envisaged instead of formal insolvency proceedings (see practice note: advantages of restructuring over formal proceedings), the company may wish to ensure that the creditors concerned quickly conclude a standstill agreement in order to obtain a respite for a restructuring PSA 2017, as in the 2009 edition, contains a net contribution clause, although it has been simplified (clause 10). There are now clearer provisions for the liability cap agreement and the parties are encouraged to discuss and agree on an appropriate cap, in addition to discussing the level of professional liability insurance coverage that the advisor must maintain. In particular, the liability limit is explicitly worded to include any liability that may arise from any guarantee that the advisor gives to other parties, which insurers should welcome. In all new documents, we have tried to meet modern and emerging practices and standards. For example, in 2017, PSA provides for a mutual obligation to comply with an agreed BIM protocol (clause 17). It was rightly pointed out that the parties should carefully examine each protocol and avoid any misinterpretation with the provisions of PSA 2017. The ACE Professional Services Agreement (PSA) is a standard form published by the Association for Consultancy and Engineering (ACE).
This practice note discusses the 2017 edition (ACE published previous editions of the ACE Agreement and related documents in 2009). The ACE PSA contains built-in guides and is available in digital and printed form. ACE also publishes other agreements, including the ACE Professional Services Agreement: Advisory, Investigatory and other services, a sub-advisory agreement, a sub-form contract and a consumer use agreement (which are not covered by this practice note). ACE 2017 Schedule of Services: Mechanical, Electrical and Public Health Engineering Single Consultan £11.00 PSA 2017 now contains a mutual non-liability clause for indirect losses, profit and business losses and consequential damages suffered by the other party, which corresponds to other forms of appointment in the sector. A new edition of the ACE Sub-Consultancy Agreement has been introduced, which complements the ACE Professional Services Agreement. . . .