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DIR 01/18 | Fees

Over the past couple of years, the Council of the Kamra tal-Periti has received an ever increasing number of complaints from members of the public regarding fees charged by periti. In most cases, the situation arises because the periti involved do not inform their clients of the fees that will be charged for the services rendered.

Although the Council of the Kamra tal-Periti does not enter into disputes relating to fees charged by periti, in view of the fact that clients have other means of redress for such issues, the Council would nevertheless like to draw your attention to Regulation 20 of Tariff K of the Code of Organisation and Civil Procedure, which states that:

20(a)  The foregoing provisions of this Tariff shall not prohibit a Perit and his client, from agreeing on a fee, or the basis on which the fee is to be determined which is different from that established by this Tariff, and in any case the agreed fee or basis for determining it, not being a basis prohibited by law, shall apply, subject to the provisions of the following sub-paragraphs:

          Provided that in any case, a Perit shall inform his client of the applicable fee or the basis on which the fee is to be determined before the service is provided.

20(b)  For the purposes of this paragraph, an agreement concerning fess shall be in writing.

 

It is therefore, not only in your interest, but it is also your obligation to ensure that any agreement on fees is made in writing, and that the services covered by such fee are clearly outlined.

Please be guided accordingly.

 

Alex Torpiano
President

 

DIR 01/15 | Drawings, Design Documents and Intellectual Property of a Perit

It has come to the Kamra’s attention that Periti are frequently facing demands by their Client/s to provide a copy of drawings or other design documents in digital editable format.

Drawings, illustrations and/or other design documents are the intellectual property of the Perit that prepared them and there exists no obligation to provide these to a third party save for the purposes of statutory requirements and provision of a printed copy to the Client.

Although the Clients reimburse Periti for their professional services, with respect to designs, drawings and other design-related documents created by the Periti, the Client is entitled solely to their use and acquires no other rights over them.

Although not obliged to do so, Periti may choose to provide a copy of the relevant documents to the Client in locked digital format (such as Pdf) but there exists no obligation to provide same in an editable digital format (such as dwg files) unless this is specifically established in the Agreement between the Perit and the Client, which Agreement must be in accordance with Article 20 of Tariff K.

In the event that a Perit does decide (voluntarily and without obligation) to provide a Client or any other relevant third party with copy of such documents in editable format, then he is within his rights in demanding whatever remuneration he considers appropriate, over and above any other remuneration received in respect of professional services rendered, save where this is precluded by Agreement as outlined in the previous paragraph.

In the case of surveys of existing property however, where the measurements are taken and the relevant drawings of the building or property in its existing state are prepared by the Perit, in this case alone, the Client has the right to request provision of such drawings in editable format from the Perit, given that such survey includes no additional input of creative design work or similar by the Perit and is merely a record of the existing state of affairs.

Christopher Mintoff
President