1) Section A Flashcards
What are the 3 key items Part B1 of the AAS outlines?
Inputs
Tasks
Deliverables
What must written terms of appointment cover? (Ethics 58a)
Scope, responsibilities, fees, billing
Scope of the work, and exclusions
Allocation of responsibilities
Limitation of responsibilities
Fees, or any methods for calculating fees
Billing
What should effective client communication cover? (Ethics 58a)
quality
budget/cost
programme
issues
How might you “win” a project?
Word of mouth or referral
Existing relationship
Invited Tender (RFP)
Open Tender (RFP)
Design competition
Online portfolio
What are the key aspects of your client liaison role?
Offer a professional services
Establish roles & expectations, obligations & responsibilities
Listen and observe
Perform and respond
Relationship is highest priority
What might you consider to establish project context?
Topographic survey
Climate
Existing services & structures
RMA, district plan status
Heritage
Geotechnical
Health & Safety
Legal status COT, easements
What are the impacts of these to the project / services?
Does your client own the site?
What are key aspects that define a brief?
Written live document
Confirmed and agreed
Includes qualitative and quantitate aspects of the project
What are the main forms of agreement for services?
NZIA AAS
NZIA AAS Short Form - SPA don’t use
NZIA Small Projects
CCCS - Conditions of Contract for Consultancy Services
Kainga Ora and Ministry of Ed. have their own.
What are the 4 parts of a NZIA AAS Contract?
Part A: Contract
Part B: Scope of Services
Part C: Fees
Part D: General Conditions
When would you use the NZIA Small Projects?
One -offs projects with fees are less than $5000
Bulk and Location, Masterplanning, Feasibility Studies, one off Concepts and Expert Witness engagement.
How might you calculate fees?
Lump sum
Time charge/hourly
Percentage fee of construction budget
Combination of the above
What should you watch for in agreements special clauses?
Indemnity clauses or any other clauses which exceed your duty of care.
What is indemnity?
A contractual agreement between two parties in which one party agrees to pay for potential losses or damage caused by another party.
When the term is used in the legal sense, it also may refer to an exemption from liability for damage.
The Indemnity aspect of the Deed is where a party agrees to assume responsibility and cover the costs of any loss or damage suffered by a party – even if they didn’t cause it.
What should you be seeking during initial client contact meetings?
Brief
Budget
“Fit”
Enough information to set parameters for the AAS
What is the CCCS?
Conditions of Contract for Consultancy Services
What are the parts of the CCCS?
Form of Agreement
General Conditions;
Special Conditions
Appendix A-G
What are the main differences between the AAS and CCCS?
Copyright
Default insurance provisions
What are the differences in copyright between CCCS & AAS?
AAS - architect retains copyright and grants client a conditional and non-exclusive licence to use for scope of the project only.
CCCS - client and architect share new copyright (not pre-existing IP)
What actions as an architect are important in delivering limited (or partial) services?
Highlight limits to the client and difference between full and partial services
Ensure adequate fees
Remain available to clear up any issues with documentation produced even when no longer part of the project
stamp drawings with “limited services”
add pro-forma clauses to clarify liabilities, responsibilities and processes
What five aspects are required for a contract to be valid under contract law?
Agreement (offer and acceptance)
Consideration
Intention (the intention to create legal relations)
Certainty (the terms of the agreement are certain)
Completeness (the agreement does not need further development or clarification)
What do you need to consider if you engage sub-consultants?
What do you need to consider if you engage sub-consultants?
What are the professional indemnity insurance provisions under AAS vs CCCS?
AAS = 250K (or specific in Special Conditions)
CCCS = 5x the fee, with a $500K min, and $2M max., or as stated
What are the public liability insurance provisions under AAS vs CCCS?
AAS = not less than $1M
CCCS = $2M or as stated
What are the ethical standards an architect must follow in relation to other architects?
Acknowledge the contributions of others
Not maliciously or unfairly criticise
Conflicts of appointment must be made known to other appointed architects
Must notify another architect when asked to give an opinion on their work (unless the opinion is part of litligation)
What course of actions should be taken before agreeing to providing services for a project that another architect may have previously provided services for?
1./ Ascertain from the client whether another architect has been involved
2./ request clients permission to contact previous architect to confirm the following:
a. fees have been paid
b. client is legally entitled to use info provided by previous architect
c. contractual arrangements are tidied up between previous architect and client
d. any work produced has been returned if required by agreement
What should be done if the client declines a request to contact the previous architect?
As a minimum, should get written assurance from the client that all legal and ethical issues have been resolved
What should be considered when setting up a joint venture agreement?
Parties and Purpose
The nature and duration of the association
Scope of work of each party
Management and who has the ability to act on behalf of the joint venture
Dispute resolution process
Fee split
Liability, indemnity and insurance
How the partnership and public refer to the parties in the JV
Liability vs indemnity?
Indemnity clauses are a way to manage and allocate liability within the context of a contract or agreement.
Liability is a broader legal concept that pertains to responsibility for actions or obligations, whether arising from law or contract
indemnity is a contractual provision that specifically addresses how one party will compensate or protect the other party in the event of certain defined losses or liabilities.
What areas of non-performance under an agreement for service might give an architect cause to cease working for a client?
non-payment of agreed fees
refusal to pay for increased services
refusal to engage specialist consultants
unrealistic requirements regarding budget and time
client persistently bypassing the architect to deal with contractor or consultants
clients insistence or persistent instruction that is in conflict with the architect statutory or professional obligations
Design conflict
Personality conflict
Ill health
What would you do if you had the opportunity to work overseas?
Assume everything is different especially modes of operation, contracts, laws and regulation
discuss with other architects that have worked in that country
Talk to NZ Trade and Enterprise
Read PN 3.114
Partner with a local architect
What are 4 development risks and which should the architect/consultant team take on?
Technical (risk to consultant team)
Feasibility (risk to client)
Fitness for Purpose (risk to client)
What are general project fee percentages?
4-6% commercial
9-15% residential
18% complex alterations
What are 5 reasons to have a signed contract?
NZRAB Code of Ethics (58a)
Describes the agreed obligations of all parties
Certainty of agreed terms and conditions of engagement
Limitation on level and duration of liability in contract
Proportionate Liability
Ownership of new intellectual property created in delivering the services
