2D / 2E: Professional Appointment Flashcards

1
Q

Can you tell me some ways of calculating fees?

A
  • In our profession there are three main fee calculation methods: lump sum, percentage and time charge.
  • Retainers can also be used: we are payed a certain amount to work on an ‘as needed’ basis.
  • Incentive fees can be used to incentivise certain results, such as getting planning permission.
  • Pro bono: work for charity which is done free of charge, or at reduced rates.
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2
Q

What is a lump sum fee?

A

Fees are calculated in one ‘lump’ - a total fee is given for a clearly defined package of services. This can be revised with the client at a later date is necessary.
A lump sum fee is best used when the scope of works is clearly defined from the outset, but there is no set project cost.
Services must be clearly set out: time, project size, cost. The option to add variations are almost always set out in the contract.
This is the type of fee we most often use at Define.

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3
Q

What are the advantages and disadvantages of using a lump sum fee?

A

Advantages:

  • exact payment amount known, giving certainty to both consultant and client
  • Good cost control for the client

Disadvantages:

  • Risk that if anything goes wrong, e.g. if time is wasted through fault of the consultant (without justification) the consultant will lose money.
  • risk of scope creep, which leaves you out of pocket
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4
Q

What is a percentage fee?

A

It is a fee calculated by assigning your work a certain percentage of the total construction cost. Services, budget and nature of the work are all agreed at the outset.
It is best used for straightforward landscape design and construction project, when the construction cost is known.

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5
Q

What are the advantages and disadvantages of using a percentage fee?

A

Advantages:

  • fee calculation at tender stage is less complex
  • for the consultant, another benefit is that if the overall project budget is high, their fee will be too
  • Good cost control for client

Disadvantages:

  • the budget for landscape works may not accurately reflect the actual value of the works
  • no flexibility
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6
Q

What is a time charge fee?

A

It is a fee charged based on all time reasonably spent on a project. It is best used when there is a good working relationship between the client and consultant and there is a high level of trust, and when the scope of works cannot be clearly foreseen and services do not relate directly to landscape construction costs. It is best practice to agree a ‘ceiling figure’ with the client, and to have regular progress and budget updates with them.

This is used on a few projects at Define, where the projects are complex and long-running and there are good working relationships with the clients… instead of variations on a lump sum fee, a time charge is often used with these clients to make things easier for both parties.

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7
Q

What are the advantages and disadvantages of using a time charge fee?

A

Advantages:

  • more freedom for the consultant, and they are paid for all hours worked on the project, included for work not originally anticipated
  • for the client, there is faster response to changes to the scope, and less paperwork (ie no variations)
  • client only pays for time actually spent on the project

Disadvantages:

  • less cost control for the client
  • less certainty for the client
  • consultant can take advantage of having less incentive to work efficiently (at Define, we have regular progress meetings and share updates to work regularly, to ensure trust is maintained and efficiency is maximised).
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8
Q

How would you charge for a public consultation?

A

If duration is known, it can be charged as a lump sum based on time spent preparing, travelling and participating. If further away, travel costs will increase the fee, although travel expenses may be charged separately.
If duration is not known, it can be charged on a time charge.

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9
Q

How would you produce a competitive fee?

A

It is a balance of how much you want to win the project, and how much financial sacrifice you are willing, or are able, to make.
It can be a benefit to lower rates with a new client, to ‘get a foot in the door’ and build a relationship which will provide future work. It can also be necessary when struggling for new work.

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10
Q

What are the methods of appointment available to landscape architects?

A
Direct appointment (private only)
Competitive fee tendering
Design Competition 
Framework (Public sector only)
"Find a tender", previously OJEU prior to Brexit (Public sector only)

The vast majority of Define’s appointments are through direct appointment, due to good client relations, recommendations and a lot of repeat work for the same clients.

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11
Q

What would you consider when preparing a fee proposal?

A

I would ascertain what fee types is most appropriate depending on the nature of the project - the size, timeframes and client relationship.
Then I would check with the client for information such as the scope of the services required and the timescales involved. I would then check whether our team has the required time and skills required. I may also consider work stages, and whether fees can be tied in with work stages. I would also ensure that all exclusions are clearly set out.

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12
Q

What are the four types of competitive tendering procedures in the regulations for public procurement?

A
  • Open procedure
  • Restricted procedure
  • competitive, two stage
  • negotiated
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13
Q

What kind of professional appointment is most used at Define?

A

It is usually direct appointment, due to good client relations, recommendations and a lot of repeat work for the same clients.
The appointment is discussed and then considered, before negotiating fees.

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14
Q

What should a fee proposal contain?

A

Techical information: scope of services, design team information, initial design approach.
Fee proposal should then set out the work stages alongside a fee programme, and terms and conditions.

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15
Q

How are professional fees calculated on a competitive basis?

A

Hourly rate X hours required = fee.

Hourly rate includes all overheads and profit.

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16
Q

What factors should a landscape architect consider when entering into legal relationships? e.g. agreeing to a contract/job?

A
  • The client: do they have the financial resource and appropriate approach to commission this work?
  • Conflicts: any conflicts of interest, or conflicts with your responsibility as a landscape architect (e.g. code of conduct, royal charter).
  • Competence: do you have the relevant expertise?
  • Resources: Do you have appropriate resources?
  • Legal and insurance considerations: check PII, whether collateral warranties are requested, etc.
17
Q

What are the four key elements to the landscape consultants appointment?

A
  • conditions of appointment
  • memorandum of agreement
  • scope of services
  • schedule fees and expenses
18
Q

What are some examples of disbursement?

A

Tree surveys, planning application fees, too surveys, soil testing etc. which we pay for and it is agreed that the client pays us back for. These are things which it is advised client pays for directly - we should not have to be ‘lending money’ as it is a financial risk to us.

19
Q

What is a framework agreement?

A

An agreement with a supplier to basically give them repeat work, based on the same terms and conditions. Each project will have different contracts, but same T&Cs.
The most common example of this is in the public sector: often a council will have a framework agreement with one or several contractors which have all agreed to certain terms and costs (in response to a tender) - these contractors will then form a list of contractors which jobs are awarded to.
I had experience of this in my previous job, where we provided landscape services to the EA under a framework agreement.

20
Q

What are the advantages of a framework agreement?

A
  • only have to tender once
  • only dealing with one or a small number of contractor can mean a better relationship
  • increased work efficiency due to repeat nature of the work
  • increased certainty of time, quality and cost
  • good platform for local training and employment programmes
21
Q

What are your responsibilities when acting as the clients agent?

A
  • apply reasonable skill and diligence in all work - carrying out a duty of care to the client… to act in the clients interest
  • not delegate authority
  • not take bribes or secret profits
  • may be asked to sign off work/contracts and make payments on behalf of the client - if agreed (always check insurance, legal advice etc if ever unsure)
22
Q

Why would landscape architects appoint a sub-consultant?

A

For work that exceeds their professional competencies, and where it is easier, or the client prefers, a single point of contract.
The most common sub-consultants I have experienced are arboriculturalists (to carry out tree surveys), soil surveyors, and verified visualisers (this is the once I have had direct experience working with).
This relates to the code of conduct standard relating to competency, and it is key that we appoint others to do specialised work like this.

23
Q

What is the difference between a landscape architect and a client appointing a sub-consultant?

A

If the LA appoints a sub-consultant, they will be liable for any errors the sub-consultant make. They can be sued by the client, and then would have to sue to sub-consultant. This may also cause damage to the LA’s relationship with the client.

24
Q

What is the landscape consultant’s appointment?

A

It is a document produced by the LI to enable both LAs and client to clearly understand the services and deliverables offered by the LA. It also defines the conditions of these services, and sets out payment structures. Often landscape practises will have their own terms of engagement, which may be based on the landscape consultant’s appointment.

25
Q

What should you consider when appointing sub-consultants?

A
  • Their capabilities and competencies - previous work and reputation
  • price: is their fee factored into your fee? Can you charge the client directly (disbursement)?
  • Ensure they have the required insurance and financial standing
26
Q

Have you worked on any projects which are set up to be paid via a time charge?

A

Yes - for Define’s project at Ebbsfleet Garden City.
Project initially set up via a fee proposal for lump sum. After a few years and regular updating to the project fee due to the length and complexity, it became easier to set the project up as a time charge (with ceiling figure in place). This was only possible due to the good working relationship and level of trust with the client.

27
Q

Have you worked on any fee proposals?

A

I have not completed an entire fee proposal, but have done a few alongside my colleagues where they have talked me through the process.
I also had a mentor session whereby my mentor talked me through the process of putting together a fee proposal for a competitive tender:
- first a meeting was set up to discuss deliverables and timetable of the project
- fee proposal calculated based on these deliverables and timescales, and fees organised into each work stages.
- this is then sent to the client and they can either accept or ask for amendments.

28
Q

What is the landscape consultant’s appointment?

A

It is a set of documents provided by the LI to its members, which aims to:

  • enable consultant and client to achieve a clear understanding of the services required to the client, and the services we offer
  • define the conditions concerning these services
  • sets out the payment relating to these services

It also includes things like CDM roles.

The documents can form a contract.

29
Q

How may a contract be discharged?

A

There are several ways, such as:

  • mutual aggreement
  • performance - each party has carried out its obligations under the contract
  • breach
  • frustration (e.g. illness of one party)
  • lapse of time (e.g. employment contracts - free to leave at will)
  • contractual stipulation - contract is agreed to finish after a set amount of time.