PROFESSIONAL PRACTICE 1.1 PROFESSION: What is a profession? A profession includes:A large body of specialized information and discipline Mastery of this material and associated skills which is obtained through long standardized period of education, training and apprenticeship Regulation (education, quality, conduct etc.) by an association of experienced members of the profession Providing service to those who do not have this expertise Besides these, a profession is also required to: Conduct research which improves the quality of their services and report findings not only to their colleagues but also to the public Maintain a caring relationship with the client or person/s served based on altruism, trust and virtue Based on the above criteria, determine whether architecture can be called a profession. How is a profession different from a trade or an occupation, which also form associations to monitor and regulate their work e.g. hairdressers, waiters, auto mechanics, shopkeepers etc.? In most instances trades-people are not accountable for the quality of their product whereas professionals do not sell products but services for which they are fully accountable. Lately, consumer oriented laws are, however, forcing trades-people in western countries to be more honest and accountable. Professionals are different because: they have obtained substantial and specialized education they have to exercise discretion wisely. An auto mechanic may have one correct way of fixing a problem, whereas, there could be very many good design solutions and the architect has to make a wise decision from a large number of choices. They have higher fiduciary (trust) responsibilities. This is characterized by good faith and loyalty and exercise of skills and intelligence on behalf of the beneficiary at all times. Unlike trades-people, professionals are not guided by profit considerations alone – you don’t need to check the scales every time. The duty of the professional is to place the client’s interest above one’s own and the public interest above both. Trade includes manufacture, purchase, sale or resale of commodities whereas a professional has nothing to sell except his knowledge and skills. He does not advertise his skills or work unlike the trades-people who are heavily dependent on advertising of their product to attract buyers.
The relationship of the professional with whom s/he works (colleagues and other specialists) and people s/he serves (client or public) is consensual and fiduciary. The professional: Needs to provide client with good judgment and learning – Needs to provide client with good judgment and learning – act as the client’s expert advisor. Oliver North’s attorney objected to questioning by US Senators as he felt that his role was not to sit idly while his client was facing serious legal difficulties. Needs to provide clients with information and options so the clients have the opportunity to understand the situation and make the best choice of action. Must have no conflict of interest with the client. Needs to have diligent self-policing of incompetence as well as of intentional misconduct and abuse. This is the true hallmark of professionalism. Earlier professionals were expected to exercise good judgment and fair dealing. To ensure these professional codes of conduct or ethical standards were established and rigorously maintained to improve the standard of practice and policing of the profession. However, the codes have often been used to determine if actions fit into the approved ethical guidelines rather than whether the underlying concept of good judgment and fair dealing have been meted out to the client, public or the profession. 1.2 PROFESSIONAL ETHICS Ethics is a set of moral values which define what actions we take are “right” and what are the principles for the “good”. The subject of ethics is best left to the philosophers as it is very difficult to come to specific terms. It has often been argued that teaching ethics is useless, as it is a trait acquired from childhood to maturation. What is not arguable is that architecture students need to be made aware of the ethical standards expected of a professional architect. It is expected that an architect maintain high moral and ethical obligations to the public to whom service is rendered. In a public opinion poll in the US in the mid 90’s architects were rated higher in ethical behavior to lawyers and some medical doctors and almost all business people. The clergy was ranked the highest. Ironically, in Nepal the priests would probably be rated one of the lowest and the architect probably in a favorable position. Professional ethics are established to codify those standards of ethical behavior which members of a professional organization must adhere to. The main problem in ethical behavior comes when self-interest, guided or not by practical ethics, differs from our professional ethics. Pragmatic and self-interest concerns are always present in practice but our main obligation should always be to our client, users of the buildings as well as the general public. However, when an architect faces financial ruin and loss of firm, practical ethics may cause him to deviate from strict adherence to the code. Nonetheless, he may not disobey the law.
The code of ethics calls for the obligation of its members to obey the law. A violation of the law is a violation of the code of ethics; however, some violations of the code may not be unlawful. Actions against some laws have been deemed morally right in certain circumstances e.g. civil rights movement, antiapartheid actions, democratic movement during Panchayat and Rana era etc. 1.2.1 Brief Look at AIA and RIBA codes Earlier the American Institute of Architects had two sections to the code: advisory and mandatory – “Responsibilities of the Profession, Advisory” and “Standards of Behaviour … Mandatory for Membership”. This was later changed in 1993 to goals that architects should aspire (as opposed to responsibilities) and rules of conduct which are obligatory (as opposed to mandatory). Some of the highlights of the earlier documents were: Part One: Obligatory Architect to maintain highest integrity Architect’s honesty of purpose must be above suspicion Moral responsibilities to associates and subordinates Act with entire impartiality (between all parties in a project) Part Two: Mandatory Architect can only be compensated by his fees for work done on the project No service without compensation (no free sketches except for established clients) Architect shall not compete for a project on a fee basis Architect shall not injure the professional reputation, prospect or business of a fellow architect. He shall not attempt to supplant another architect or undertake a commission for which another has been previously employed until he has determined that the original employment has been terminated. Architect cannot be employed for a project for which he has been an advisor. Architect shall avoid paid publicity Architect shall not guarantee the cost of the project Mandatory adherence to these standards. In the 1993 AIA Document 330, these rules were changed to allow submitting competitive bidding, providing discounts and providing free service because of action by the Justice Department based on the concept that common good is “right”. Supplanting rules were also changed. The five obligatory rules of 1993 documents included: General Obligations, Obligations to the Public, Obligation to the Client, Obligation to the Profession and Obligation to the Colleagues.
If an architect is found to have breached the code of conduct, the Council can investigate the matter and either reprimand or suspend the architect. Suspension from the Council leads to his cancellation of his right to practice. The Royal Institute of British Architects also has codes of conduct very similar to the AIA codes. It consists of three principles. The first principle deals mainly with agreeing to the conditions of appointment and agreed fees, not sub-letting work without the permission of the client and acting impartially in the interpretation of the building contract. Principle twodeals with informing client about any conflict of interest; not advertising and giving credit to works of employees. Principle three deals with giving correct information, not offering gifts or discounts to gain work and not supplanting another architect unless his appointment has been terminated. A member proven to have breached the code of conduct can be reprimanded, suspended or expelled from the Institute, in which case he would be unable to practice architecture. 1.2.2 SCAEF Code of Conduct The Society of Nepalese Architects (SONA) does not as yet have a code of ethics, however, these are expected to be prepared in the near future. The Society of Consulting Architectural and Engineering Firms (SCAEF), which has been in existence since November 1990, has a code of ethics applicable to all its members. As of 2001, out of the 39 members 8 firms are mainly engaged in architectural works. The SCAEF codes are a revised and improved version of the Code of Ethics for Engineers first prepared by the Nepal Engineers’ Association (NEA) in 1969. The NEA code of ethics laid out ethical conduct under 3 headings: 1) Relations with the Public 2)Relations with the Employer and Client and 3) Relation with Engineers. This was later expanded by SCAEF to 5 sections: 1) Responsibility towards the Nation 2) Responsibility towards the Client 3) Responsibility towards the Profession 4) Responsibility towards Fellow Professionals and 5) Client’s Responsibility towards the Consulting Engineer. The fundamental principles of professional engineering ethics are: The Engineer will uphold and advance the honour and dignity of the engineering profession in keeping with the high standards of ethical conduct: Will be honest, fair and will serve with devotion his employer, his client and the public Will dedicate himself to the advancement of the competence of the engineering profession Will use his knowledge and skills in the service of humanity A. Responsibility towards the Nation Moral Responsibility – towards community/gain public’s confidence Involvement in Community Development Refrain from Work which is against National Interest - endanger human race or environment
B. Responsibility towards the Client To gain and Maintain Client’s Confidence To be Loyal to Client – use best technical knowledge and skills To Protect Interest of the Client – with absolute professional integrity To Safeguard Client’s Confidential Information To disclose any Conflict of Interest C. Responsibility towards the Profession The Necessity of Formal Qualification Refrain from Claiming Skill not in his Profession Need to Exercise Greater Skill in Specialized Jobs – exercise best judgment and advise client accordingly Need for High Quality of Skills Eligibility for Agreed Remuneration only Refrain from Holding Position Where There is Conflict of Interests Need for Professional Development – exchange of professional experiences D. Responsibility towards Fellow Professionals Respect Fellow Professionals – not undermine professional credibility of others Refrain from Unhealthy Professional Rivalry Refrain from Associating with Undesirable Firms/ Individuals E. Client’s Responsibility towards the Consulting Engineer Selection of Consulting Engineers on Merit Basis Payment of Agreed Fees as per Agreed Payment Schedule Respect for Professional Relationship Acceptance of Consequences Arising from Deviation of Advice Relation with Third Party Analyze clause by clause how closely members are adhering to the above codes. Unlike the AIA, RIBA, IIA or even the Nepal Engineering Council acts, expulsion from membership of SCAEF for a breach of code does not hinder the member from practicing. Also SCAEF tends to be exclusive and somewhat elitist as its members consist only of larger, more established firms. Some of the drawbacks of the SCAEF code of ethics How can an architect or Engineer be accountable for the actions of the client? The clauses are more appropriate for inclusion in the Contract Agreement rather than as part of the code of conduct of SCAEF members.
Concern shown only for fellow professionals. Silent about appropriate/adequate compensation and working conditions for subordinate and employee professionals and providing opportunity for their professional development, which is expressly stated in the NEA codes. No specific mention against discounts, commissions, gifts or other inducements No mention about giving due recognition to the professional contribution of employees. The Architects Professional Conduct Regulations 1989 India contains most of the clauses of SCAEF except the clauses on the responsibility of the client. In addition, it includes the clauses on giving proper recognition, remuneration and working environment etc. to employees. It disallows discounts, commissions and advertising. It stipulates members to follow specified competition guidelines and fee structures for services rendered. The Architects’ Council of India can look into complaints of misconduct and if found guilty, the architect can be reprimanded or removed from the register after which the architect would be barred from practicing in India. 1.2.3 Nepal Engineering Council Act and Code of Conduct The Nepal Engineering Council Act 2055 became effective since 11 March 1999. As per the Act one has to be registered with the Council in order to be able to practice engineering in Nepal. Since Nepal does not have a separate Architects’ Council, architects have to register with the Nepal Engineering Council in order to practice in Nepal. This is the only statute regarding engineering practice. SONA or SCAEF do not have any statutory backing and serve only as professional associations that have no authority to stop any member or non-member from practicing in Nepal. The Council has the authority to prepare policies, plans and programs for engineering services; award recognition to institutions providing engineering education; determine minimum qualifications for practicing engineering and to strike out from its register the names of those who violate the professional code of conduct. Since the Council is still in its infancy, it has not as yet begun its regulatory functions. These are expected to be taken up once the Council is more established and begins to function smoothly. The Council has prepared a brief code of conduct for its members. The main elements of the code are: To practice engineering profession with discipline and honesty for the welfare and honor of the profession. To maintain good relations with the client and to keep confidential all information related to his work. Not to discriminate against the client because of his religion, race, gender, caste or any other reason.
Not to accept any financial benefits other than professional remuneration and related facilities To remain accountable for one’s professional services To disclose the name, designation and registration number in all the drawings and documents Not to advertise in a way which would unnecessarily influence clients If a complaint is received against a member for a breach of code of conduct and the investigation committee of the Council finds him guilty, he will be suspended from membership and his name will be removed from the register of the Council. He will then be prevented from practicing until he is again reinstated by the Council. 1.3 DISCUSSIONS OF CASE STUDIES OF PROFESSIONAL CONDUCT Example of misconduct – undercutting of fees, commission from contractor, collusion with project manager, inflating the bill of quantities etc. Example of high professional conduct – Citicorp Centre in Midtown Manhattan. Building raised on 4 nine-storey high columns placed at the centre of each elevation. Architect Hugh Stubbins Jr.; William J. Le Messurier (pronounced Lemeasure), leading structural engineer, designed the 25,000 ton steel skeleton under the 59 storey tower’s sleek aluminum skin. In 1978 a student calls to tell his professor thinks column placement wrong. Column design result of compromise to rebuild the existing St. Peter’s Church. Buildings corners cantilevered out 72’ out over church and plaza - dramatic effect. Le Messurier explains LeMessurier explains structure best solution to cover quartering winds. New York City’s building codes required adequate strength in perpendicular winds which had been determined safe. In the spirit of intellectual play, he decided to check for winds at 45° and was surprised to discover strain on bracing increased by 40%. When cross-checking, he found that welding at joints had been changed to bolted joints to reduce cost as well over designed strength. He had doubts about bolted joints’ ability to withstand quartering winds. After consulting leading Canadian engineer Alan Davenport who ran tests in wind tunnel, his fears got confirmed. Calculations showed joints at 30th floor would fail in a 16 year storm and with dampers in a 55 year storm but high chances of electricity to control dampers failing during storm. Additional welding at joints required. To prevent disaster Le Messurier decided to blow the whistle despite knowledge this could lead to possible protracted legal action, bankruptcy and professional disgrace and would definitely be a shock to Citicorp management and shareholders. Contemplated keeping silent, even suicide. Grilled by company lawyers. Leslie Robertson, structural consultant for the World Trade Centre brought in review design. Le Messurier and Stubbins went to meet the chairman of Citicorp who was very supportive. Department of Buildings informed but efforts taken not to leak information to avoid panic. Evacuation plans prepared,
constant watch of weather and damper. Robertson, constantly monitoring the building and progress. Citicorp released bland press release. Qualified welders hired to conduct welding after office hours throughout the night. Strengthening carried out successfully. Building can now withstand 500 year storm. Le Messurier sued by Citicorp for $4.3 million but settled for $2 million which was the limit of insurance coverage. This is an example of no villains and all heroes. Reference: Legal and Contractual Procedures for Architects; Bob Greenstreet and David Chappell; 1996. Nepal Engineering Council Regulations; Nepal Engineering Council, 2057. Report on Consulting Architectural and Engineering Industry in Nepal; The Task Force on Consulting A & E Industry in Nepal; 1990 Professional Practice: A Compendium of Business and Management Strategies in Architecture; Andy Pressman; 1997
2. PROFESSIONAL RELATIONSHIP 2.1 ARCHITECT-CLIENT RELATIONSHIP For the practicing architect, attracting and retaining fee-paying clients is a matter of survival. In the US, out of over 13,000 architecture firms owned by AIA members, only 5% employed more than 10 architects while 62% were one-person firms and growing. In India out of over 23406 registered architects in 1998, 10% were in the public sector, 30% in the private sector while 60% were self-employed. In Nepal as employment opportunities in the public and semi-public sectors become saturated, the trend towards individual private practice will have to be expanded. Currently less than 5% of the buildings in Nepal are designed by architects and the majority of the architects are concentrated in Kathmandu Valley. If the percentage of buildings designed by architects can be increased and architects begin practice in the rapidly urbanizing centers of the country, the scope for private practice is quite significant. The success of private practice hinges on successful client-architect relationship. Professional organizations recognize this and include it in their code of ethics. Breakdown in relationship is less from failure in design and more often due to breakdown in the contractual relationship due to misunderstanding, miscommunication or general lack of comprehension of the relative responsibilities of both parties. It is important, therefore, for both parties to have a clear understanding not only of their own rights, responsibilities and duties but also of the other party. This understanding can be brought about through discussions, letters, recorded minutes of meetings etc., however, use of contracts is one of the most convenient ways of establishing the ground rules. Although one can produce one’s own contract, uses of standardized contracts ensure that important issues are not left out. They have been continuously reviewed and revised and tend to be fair to both parties. For the meeting of minds to be successful, two conditions must be fulfilled: The relationship needs to be detailed out as much as possible so that both parties understand them fully The understanding needs to be achieved BEFORE the contractual relationship has been formalized The AIA, RIBA have various types of standardized agreements. The Indian Institute of Architect also recommends the use of a standard contract agreement. SONA has yet to produce its own set of contract documents, whereas, SCAEF has a standard agreement based on FIDIC and ADB documents. Many projects being implemented in Nepal through donor funding have to use the contract agreements of the concerned agencies e.g. the World Bank, ADB, UN, USAID etc. The contract document also allows the architect to “educate” the would-be client on the roles and responsibilities of each side and conversely what is NOT part of the basic services. The standard agreements always specify the basic services to be provided. This helps to protect the architect against unrealistic expectations of the client and also alerts the client to his role during the period of the contract. Although this appears to be a tedious task, not as
interesting as discussing design and also has the possibility of frightening off a few clients, it is better to lose an uncertain client before the work begins rather than during the process. Architects are most vulnerable to working for a client on a verbal or informal basis in the beginning of their careers because of the need to grab any client at any cost. As a result they are overworked and underpaid. Example – a client demanding daily site visits delayed payment, conflict. When dealing with a client, a few things which need to be kept in mind: Time to Sign Contract It is quite common for architects to produce a few sketch designs at preliminary meetings with the client before signing a contract. This is not necessarily a bad practice as it is akin to “fishing” and helps secure the client. But such work should be limited and agreement should be entered into within a reasonable period of time. In Nepal certain clients are notorious for trying to milk architects for designs, simultaneously engaging two or more, and finally getting the agreeable design developed cheaply through an overseer or draftsman. It is often very difficult to deny clients when they request to take the sketches to discuss with family and friends. They should be judged carefully before parting with such sketches. When the client tends to prolong the signing of an agreement, the future of the relationship needs to be carefully evaluated. Better to lose a potentially troublesome client than to risk problems later on. Architects in heavy demand or with substantial workload can charge for preliminary works, but this may not be possible for beginners. Clarifying Client’s Requirements Sometimes a client has difficulty clarifying his requirements and despite a lot of work the architect cannot satisfy him. To safeguard against this, at the outset it must be made very clear to the client that the architect is paid to review and clarify the client’s program. If the client is vague about his requirements and needs substantial assistance from the architect to gather and analyze necessary information (such as market studies, field studies, soil investigations etc.), he should be informed that additional fees will be required. When to Stop Designing The architect is supposed to provide a design which fulfills the client’s expectations. Sometimes some clients are very difficult to please and the architect has to produce a continuous stream of drawings causing him to overrun his budget. It is possible to limit the number of sketch design at the contract stage, especially if such a situation can be foreseen. However, this requires the client’s agreement and he may be reluctant to setting limits. Fees can also be set according to the amount of work done, but again the client may not agree to this. Nonetheless, it pays to plan for such contingencies to prevent problems later on. Accuracy of Estimate During the early phase of design, the client needs to be given only preliminary cost of the project. However, care must be taken to keep the cost fairly accurate. Many consultants in Nepal tend to deliberately provide underestimates to the clients in order not to scare them
off. This is not a good practice as it unnecessarily puts the client in a financial difficulty later on which could be harmful to the future relationship. Detailed estimates need to be prepared before bids are invited. Certain consultants have been known to deliberately inflate and underestimate certain items and later delete them or include them as additional items. This is done with bad intentions and made known to certain contractors so they can outbid others by quoting unrealistically low or high prices for these items. Delays Beyond Architect’s Control Delays can occur in getting necessary approvals/ agreements, financing etc. where architect has no obligation to expedite the process. The client should be made fully aware of any such delays. There should be no misleading of the client. If long delays are foreseen in some projects (legal/financial etc.) it may be wise to include limits to project extension periods. Extent of Services There is a tendency to think that the role of the architect as advisor and consultant more or less covers everything about building design and construction. Both clients and architects often fall into this trap. Architects could be providing too many services for too little fees. It is advisable to prepare clear terms of reference (TOR) for the architect’s services, clarify the TOR to the client and include it in the contract. This will avoid over-expectation of services from the client. Site Visits Site visits should be made at appropriate intervals depending on the stage and nature of the project (setting out, before cover-up, reinforcement, concreting etc.). The contract agreement should be, however, be thoroughly studied while advising on site work or conditions and process should be followed accordingly. Misunderstanding of instructions can lead to conflict between client, contractor and architect. Architect’s Fees The amount and timing of the architect’s fees is very important for the smooth functioning and proper financial management of the firm. In many instances architects face difficulty in receiving timely payments, putting him into financial crises and completely disrupting his plans. Often a certain percentage of the fees are never paid at all and payment of fees is an issue that often brings about conflict in the client-architect relationship. Thus mode of payment, payment amount or percentage etc. must be clearly stated in the contract agreement and must be made clear to the client. Despite all the care, certain clients are always reluctant to make timely payments. Therefore, it is good practice to promptly submit bills, maintain excellent records of all transactions and keep sending polite reminders. Although legal action is possible, it should be done only after careful consideration because of the cost, time and potential public relations damage. 2.2 ARCHITECT- CONTRACTOR RELATIONSHIP Although there is a contract agreement between the owner and architect and the owner and the contractor, there is no contract between the architect and contractor to guide and
formalize their relationship. However, the contract agreement between the owner and contractor (the standard GoN document is based on the World Bank’s small contracts format while the documents used by SCAEF and ADB are based on the FIDIC format) gives certain rights to the architect (designated as “Engineer” in many of the standard documents) associated with his contractual duties to the owner. The documents also specify responsibilities of the architect to both the owner and the contractor. It is while trying to balance his duties to the two parties that he faces potential problems, especially with regard to accuracy of drawings, specifications and contract documents; certification of progress payments; review and approval of work, substantial completion certificate and claims. To carry out the balancing act properly, the architect should strive to gain the respect rather friendship of both the parties. The contract document designates the Project Engineer/manager (who normally represents the architect at the site) as the main line of communication between the client and the contractor. Since the architect is vested with the authority to receive and give instructions on behalf of the owner, the architect’s action or lack of it, makes the owner liable to the contractor for the architect’s improper actions. The owner also expects to recoup any losses incurred due to the architect’s action/inaction. The owner expects the architect’s full loyalty in protecting the owner against poor workmanship and excess costs. However, as per the contract, the architect, despite being hired by the owner, is expected to act impartially between the two parties. A few areas of potential problems are: Errors in Drawings and Estimates As per the contract documents, the contractor is responsible for the careful review of drawings, specifications, estimates etc. and pointing out any errors, omissions or inconsistencies. This does not cover review to ascertain whether the drawings are in accordance with applicable laws or building codes. Genuine claims by contractors can arise due to errors in the drawings and documents, whereas, the owner may be reluctant to bear the additional costs. The architect has to objectively deal with such conflicts. Construction Supervision The architect has the authority to ascertain that works are being undertaken as per the contract. He has the authority to reject defective materials and construction, make variations, certify payments etc., however, he needs to carefully follow the procedure spelled out in the contract. He can ask for testing of works which if found proper has to be paid for by the owner. The owner expects the architect to favor him during such decisions while the contractor may question the objectivity of the architect. The architect is expected to act fairly towards both the parties; however, he may be put under great pressure by the owner, especially if the owner happens to be the government or a large institution. Changes to the Construction Contract Changes in the construction contract are quite common due to problems in the drawings, specifications, site conditions, weather, acts of God etc. Sometimes the owner orders extra work. Change orders can sometimes effect the profit or loss situation of the contractor if
loss making items are increased or profit items are deleted unreasonably. The associated time extensions also affect the contractor if there are bonuses or liquidated damages built into the contract. When there is mutual agreement between the owner, architect and the contractor, the change orders can be executed without problems. However, even if the contractor disagrees, he is obligated to perform the work whether agreement is reached or not. Owners are also very sensitive to changes as they increase cost. Some owners even insist on deleting items to reduce costs. Thus the architect needs to be very careful while making change orders in the contract as he could come under attack from both the parties. In certain circumstances, the architect needs to be extra careful about requests for change, especially if he suspects there is collusion between the owner and the contractor. This is not unusual if the owner is the government and is represented by corrupt bureaucrats. In case of legal action, the architect is liable to be made the scapegoat. Because of such malfeasance the World Bank and ADB have now made it mandatory to include a clause on corrupt and fraudulent practices which can terminate a contract and blacklist a contractor. This clause becomes completely redundant when the owner himself colludes with the contractor. In such severe situations the architect has to be very careful and may even have to consider terminating his agreement. Example of an architect who wanted to cancel the tenders because of suspicion of collusion among contractors during bidding and the owner insisting on continuing giving the excuse of excessive time loss in re-bidding. Unfortunately, there are also innumerable examples of architect’s colluding with contractors as well as with clients. Disputes The architect is given the power to resolve all claims and disputes between the client and the contractor, including any claims arising out of the architect’s errors or omissions. Unfortunately, many contractors tend to discount the architect’s ability to be fair in determining disputes between the owner and the contractor and prefer to refer them to arbitration. As arbitration involves extra time and cost, it is important that the architect resolve claims and disputes fairly so that the contractor builds more faith on his neutrality. Payments The architect has to process the contractor’s interim and final payment requests. Care has to be taken against “front-end loading” or excessively high or low rates for certain items in the contract. He should consider asking for additional guarantees if he feels such imbalance could affect the smooth performance of the contract. Payment is a sensitive issue as the owner does not want to pay for work not performed while the contractor does not want to continue work unnecessarily at his own expense. The architect needs to certify payments within the stipulated time period. Unless there are valid reasons e.g. defective works, persistent delays, failure to pay subcontractors etc., the architect should not unreasonably withhold payment certification as it can be very financially damaging for the contractor. While processing of payment requests need to be as thorough as possible, minor errors or omissions can easily be adjusted in the subsequent bills.
Project Completion It is the architect’s responsibility to certify substantial completion and final completion of the project. After substantial completion, a significant proportion of the retention money is released, building use is permitted, liquidated damages period is terminated, defects liability period is commenced and preparation of final bills initiated. Before certification, a joint inspection is made and a list of minor items to be completed is prepared. Conflicts can arise during the preparation of the list or determining whether the substantial completion certificate can be issued as it involves large financial outcome. 2.3 ARCHITECT’S RELATIONSHIP WITH OTHER CONSULTANTS AND STAFF Consultants When a construction project requires certain services outside the normal services offered by the architect, on the advice of the architect, the owner may employ specialists. This is common for a one person practice. Separate contracts should be made with the specialists so that the architect is not made liable for the specialists’ work. Some of these specialist services are town planning, quantity surveying, structural engineering, mechanical engineering, electrical engineering, interior design, landscape design etc. Often it is more practical and profitable, especially for an architectural firm, to include these services within its normal services in which case it must increase the fees to account for payments to be made to the consultants. When the architect takes on the full responsibility of providing the specialist services, he is liable for their performance so he must ensure their work is undertaken with skill and care. He also needs to make the owner clear about such an arrangement as he has to bear their costs. Where the specialists’ inputs form a part of the architect’s services, it is advisable for the architect to sign an agreement with the specialists prior to the commencement of the work, clearly outlining the scope of services, responsibilities, terms of payment, duration of services etc. in order to avoid misunderstanding and conflict later on. While dealing with fellow architects, the architect should not try to compete with them unfairly by reducing fees; offering discounts or other inducements in order to undercut their fees. He also should not discredit or try to undermine the professional credibility of other architects. Until and unless it has been determined that the contract of an architect has been terminated in a fair and proper manner, no attempt should be made to supplant that architect. Such actions not only create problems among architects, they are in breach of the code of ethics of architects. Staff The architect should take every care to ensure the health, safety and general welfare of his employees as far as he reasonably can. This includes providing a proper working environment, training and social benefits. Although a contract is not generally necessary for
employees, a statement of the terms of employment should be provided. The terms of employment should generally include:
Names of parties, Date of commencement of employment, Wage or salary rates Payment intervals Working hours Benefits such as paid leave, sick leave, insurance, provident fund, pensions, gratuity etc. Job title and job description If the employment is for a fixed period, the date of expiry of employment Restrictions on private work, if any Position as to copyright
Certain obligations are implied on both the architect and his staff after employment. It is the duty of the architect to provide work, wages, take reasonable care of the employee’s safety and indemnify them against liability in the proper performance of their duties. He should also recognize and respect the professional contribution of his employees, associates and consultants. Similarly, it is the duty of the staff to work honestly and faithfully and not to permit personal interests to conflict with their duties. They should use reasonable skill and care in performing their jobs and to indemnify the architect against liability incurred as a result of a breach of duty. Reference: Professional Practice; Dr. Roshan H. Namavati; 1997. Professional Practice: A Compendium of Business and Management Strategies inArchitecture; Andy Pressman; 1997. Legal and Contractual Procedures for Architects; Bob Greenstreet and David Chappell;
