The ACE Professional Services Agreement (EPI) is a standard form consultant published by the Association for Consultancy and Engineering (ACE). This practical opinion relates to the 2017 edition (ACE published in 2009 the previous editions of the ACE agreement and related documents). The ACE EPI contains built-in instructions and is available in digital and print form. CEA also publishes other agreements, including the ACE Professional Services Agreement: Advisory, Investigatory and other services, a sub-consultancy agreement, a Short form agreement and an agreement for use by a consumer (which are not covered by this practical note). For more comments on these forms from the time they are published, see News Analysis by Sir Vivian Ramsey: ACE Professional Service Suite of Agreements 2017. We have started the draft agreement. PSA 2017 is moving away from the multi-party approach of the 2009 edition, which required extensive navigation. From now on, all the operational provisions of the “conditions of the agreement” are at the top of the document, with obligations of consultants, clients and common obligations clearly defined. All contractual data is included in the schedule below and contains relevant alternatives in the event that the customer is contracting. PSA 2017 also contains a lot of user information that is built into the loan-to-purchase contract. When a restructuring and not a formal insolvency procedure is envisaged (see practical note: benefits of restructuring over formal proceedings), the company can guarantee that the creditors concerned quickly enter into a status quo agreement in order to obtain a PSA 2017 restructuring now contains a reciprocal exclusion of liability in the event of indirect losses, loss of profits and business and subsequent damages of the other party. , which is compatible with other forms of designation in the sector. ACE 2017 Service Plan: Mechanical, Electrical and Public Health Engineering Single Consultan 11.00 – In all new documents, we have tried to meet new modern practices and standards.

PSA 2017 provides, for example, a mutual obligation to comply with an agreed BIM protocol (point 17). It was rightly pointed out that the parties must carefully review each protocol and avoid any misdirection with the provisions of PSA 2017. PSA 2017, as for the 2009 edition, contains a net contribution clause, although it has been simplified (point 10). There are now clearer provisions for the agreement on liability ceilings and the parties are encouraged to discuss and agree on an appropriate ceiling, in addition to the debate on the amount of professional liability insurance that the advisor must maintain. In particular, the liability cap is expressly formulated to include all the guarantees that may arise in the context of guarantees that the advisor grants to other parties, which insurers should welcome.