Conversation Questions Flashcards
What were some BC conditions on your project?
Waiver of modification of the Building Code:
Stormwater Soakage System:
The property owner must maintain a stormwater system as per Council guidelines, with Council oversight and the ability to enforce compliance through an encumbrance registered against the land.
The typical one:
Under s.90 of the Act, agents (staff and contractors) authorised by the Building Consent Authority are
entitled at all times during normal working hours or while building work is being done, to inspect the
building work and ensure the provisions endorsed on the building consent are being carried out.
What were the conditions of engagement of the Architect in your project?
Normal as per AAS. Some stages were tbc until revised AAS
150m2 family home
$1.12M Dollars excl gst
18 months
No special conditions
What was the basis of the employment of other consultants in Apple Shed?
Decide who is needed from brief
Seperate consultants.
Non-engagement of planner - working within rules
We noted that from our previous experience the RFQ is reasonable. Stick to the facts
Let clients decide
Discuss the benefits and pitfalls of other strategies? (engagement strategies?)
AAS has a clear Architect role and defines responsibilities of Architect
CCCS has to use appendix to make roles clear
Tell us about copyright in the contract?
AAS VS CCCS
Architect owns copyright and gives the client a license to use if Agreement if followed
What were the roles and responsibillties of the parties in apple shed?
NZRAB terms of engagement
AAS’s scope of services shows responsibility clearly
Tell me about the “As Exisitng” Drawings for Apple Shed
Property file:
Old plans.
“Sunlover Module”
Approved 1978 (permanent homes ltd)
Measurements in feet and inches
Missing council information of the prefab extension
Garage has the most documentation incl RC (2011) - Versatile Buildings
Easements and ROW in the DP
Discuss the process of information gathering including use of specilist consultants?
GIS/Unitary Plan Rules
Branz Maps
Client documents
Brief
LIM
DP
Property File
CCTV
Surveyor
Geotech
Site Visits
Photos and Videos
What was the design development process like?
Design Development followed from sketch design to more and more detail. Once at Developed Design, the design should be mostly resolved including a layer of technical information (e2 risk matrix, g7 etc)
Tell me about the consideration of sustainability in the project?
Both SGA and Client were interested in Sustainable Design.
Mitigation of energy demand through:
Thermal Mass
Shading Devices
Proclima System - internal intelligent air barrier
Ultra-Low Emission Burner
PV system with Tesla Batteries
Water re-use
Were there any special environmental effects you had to consider and weathertighness issues?
High Wind Zone (Risk Matrix)
Flashings to suit
Direct Fix Cladding Okay
Climate Zone 1
Overland Flow paths (no assessment needed due to covenant/easement and stormwater report)
Earthquake zone 1
Corrosion Zone C (to do with Durability) (fasteners etc)
Explain your presentation and client response process
Generally:
a face-to-face meeting
meeting minutes
send presentation over email with minutes
Client email feedback
SGA email response
Request for permission to go to next stage
Feedback captured in next stage
Typically 50% and 100% presentations
50% presentations didn’t occur for Concept and Developed Design for Apple Shed
Preliminary Design Presentations did not occur face-to-face.
Why did you go for the presentation methodology you did?
Two fold:
-For client communication (Renders)
-For us to design precisely (BIM)
Best ways of communication. Some clients have limited technical understanding
Sketch design for speed
Workshop details for clarity
BIM allows us to coordinate with consultants in more efficient manner
Alterative sernarios. What if the clients wanted to push the RC? Bigger building coverage etc
Firstly look at H20 Waitakere Foothills Zone
Activities that do not comply with Standard H20.6.4(1) (300m2 max) are a restricted discretionary activity provided that the total building coverage on the site does
not exceed 25 per cent of the net site area.
Building coverage that exceeds 25% of the site area is NC
Communicate to the client that RC would be needed. Time + cost
Alterative sernarios. What if the clients wanted to operate a small farm, and add a farm building? What about a restaurant?
Farming is a permitted activity
Consider Building Coverage if a Barn is needed
Restaurants are are RD/D
Double Check with Council Planning desk
What does this mean for Building Coverage
Time and Cost added
RC. England Street. What do the new MDRS rules mean for your site?
Because there is a Special Character overlay it most likely will mean MDRS will not apply
Special Character Zones are considered Qualifying Matter
WOULD CHECK WITH COUNCIL AND PLANNER
Have you done a RC from the start before?
Be honest. Limited experience. Amendment done for England Street.
Worked on BCs that needed RC but only worked on BC
Worked partially on RCs
Discuss the process of co-ordinating and checking consultants work
timelines and availability are checked early on when RFQ goes out
Sharing our own timelines
SGA Checklist
Kick-Off meetings if required
sometimes 30,60,90% check-ins
Calls and Email follow-ups
Sketch details and mark-ups
Read all documents from Consultants
Consultants can stamp our drawings (JMA)
All client and consultant correspondence documents are clearly
labeled and stored in the SGA filing system.
Our job is not to supervise other consultants
Discuss the role of other consultants particualrly in generating budgetary information
QS:
Quantity surveyor’s report came back higher than original estimate
Meeting held with clients to discuss higher costs, potential reasons, and value engineering options. (Communication)
Project architect proposed Early Contractor Involvement (ECI) to mitigate unforeseen costs and allow for cost-saving construction methodologies
Some engineering decisions for budget reasons (steel portal removal)
Tell us how the SGA estimate and QS esntimate differed?
QS estimate higher
QS P&G higher
QS estimate had excluded some items as options when compared to SGA estimate
Pool Size difference adds cost compared to SGA estimate
I did a mark-up of QS estimate with DS help
Meeting held with client to discuss
Were there any special or specific conditions in the AAS?
No - no special condiditons
Some stages initially TBC (limited services)
Discuss the properties of the materials selected, details of their use and options for detailing common junctions and penetrations.
Desired aesthetics and preferences from prev stages/brief
Previous projects/precedents.
Sustainability (concrete thermal mass)
Site conditions, durability, maintenance, budget, and client preferences.
LRV
Codemark
Manufacturers, suppliers, and consultants.
Hidden gutter
Direct Fixed
6mm and 4mm shadow lines
E2 details
Discuss the structure of the drawing set
Bigger Scale to Smaller
In Order of Construction
A-00 - Plans
B-00 - Elevations and Sections
C-00 - Scheudles and Specialist Drawings
D-00 - Details
Schedules, stairs, pool and fireplace details are usually in Section C for ease of transfer.
Details in XYZ form
X- Ground/Floor Details
Y - Walls and WIndow details
Z - Roof Details
Sketch some typical details
Fasia with corrugate, window head and jamb
Discuss Building Act, MBIE determinations, building consents
Discuss the Building Code and Approved doucments
Building Regulations 1992 Schedule 1
Apple Shed used used Acceptable Solutions and 2xDeterminations
Review documentation covering applications and approvals
BC Usually needs:
-Drawings
-Spec
-COW (Form 2A)
-CoT
- Council Checklist
-Form 2 - Application
-Agreement to provide PS
-Any determinations
-Letter of Authorisation
-PS1s
-Survey
-Geotech Report
-Civil Reports (Stormwater, Effluent)
- Structural Engineer documents (COW, Calc, PS1)
Discuss the Quality Assurance processes you took with your project
Early research on products
50% and 100% Architect “Red Pen” Mark-ups
SGA Templates
Archicad templates
Defined Filing Systems
Record keeping
Clarifying in writing
Site Visits/Observation
What were the notable specific conditions of contract in your project? Including insurances, bonds, liquidated damages, and retentions
- CRC
- 5% to $50,000 max retentions
- Client supply items
- Client Contract Works Insurance
- 40/60 retentions
- Site possession on 3rd of August
- Prime cost and Provisional Sums allowed for
- Contenigency Sum allowed for
- Time for completion in stages (no PC date)
- No liquidated damages
- Construction prgramme to be received at 1st Payment Claim
- Offsite payemtns only allowed for: Cabinetry + Aluminium Joinery
What happens if there is a mistake in a tender?
Advise Tenderer before Acceptence of tender. Tenderer can widthdraw or honor tender summary (can they fix?)
What was the tenderieng process that your project took?
ECI/Negotiated Tender
Was there any evaluation of the tender summary?
Some back and forth from both SGA and Crate, to clarify tags, inclusions and exclusions.
Compare against QS estimate
What were the specific/special conditions of the SCC?
- CRC
- 5% to $50,000 max retentions
- Client supply items
- Client Contractor Works Insurance
- 40/60 retentions
- Site possession on 3rd of August
- Prime cost and Provisional Sums allowed for
- Contenigency Sum allowed for
- Time for completion in stages (no PC date)
- No liquidated damages
- Construction prgramme to be received at 1st Payment Claim
- Offsite payemtns only allowed for: Cabinetry + Aluminium Joinery
Why was retention maxed out at $50,000 and why was the renteions 5%?
We have commonly done this only with contractors we know/have worked with before, only with client approval also based on the size/scope of project.
Given that if a builder is working on say a 8-10% margin they get no profit all all during the typical 10% retention contract period.
Payments are made around 20th of following month so the client has that time cover, being “behind” on payments as more work has been done before they pay if there should be some issues.
Gospel according to DS…
What are the implications of the Contractural Mistakes Act?
Why was Crate chosen as your selected contractor?
Gave the Facts to the client:
Availbility
Previous working relationship
Happy to do ECI
Disclose Conflict of Interest
Client chose to go ahead with them
How were site meetings dealth with for this project?
Site meeting every month before payment claim
Notes from prev meetings analysed
List of discussion items compiled
Special Site vists not needed
Site minutes distributed
Talk about how site observation occured for this project
Observation to see generally if details have been built to contract doucments
Talk to Site Foreman about any issues
Observe H&S
Minutes
Were there any shop drawing approvals for this project?
Cabinetry Shop Drawings only.
Window shops were reviewed in person with the contractor (next door). We noted the items to contractor and they sent an email to the window manufacturer
Kowhai Garage had window shop drawings. No disclaimer added to either
Say what you know about shop drawings
10 days
Disclaimer
Talk about window joinery at England Street
Talk about any guarantees in this project?
Built-In 10 year guarantee.
A result of bank request
10 year implied warrntee under the Act
Talk about insurances in the Apple Shed project
Contract works - client
Plant - Contractor
Public Liability - Contractor
Motor Vehicle - Contractor
Demolition costs were insured - presume for minor dwelling ($113,200)
We asked contractor for renewed documents
How did the contract instructions process work? Can you give us some examples of this?
ADs - 31 ADs sent
Examples:
Bathroom Change - client request
Minor dwelling framing - contractor discovery
Entry pathway
A: Direction – Action immediately or information only
B: Action immediately- Price to follow.
C: Price Request only- Do not action unless directed.
How were variations dealt with in the project?
Variations managed through Architectural Directions (ADs) and Variation Schedule.
Clients informed of variation costs through ADs and Payment Schedule (not variations schedule)
Contractor’s cost-actuals document provides breakdown of costs related to variations per claim
VPRs and VO
What were the contingency sums in the project?
2.5% fluccuations and 5% contingency in SGA estimate
7.5% in QS report (but we asked to redcue to 5%)
7.5% Contingency + fluctations allowance in tender summary
Explain the progress payment certication process for this project
Observation
Payment Claim recevied
Evaluated asap
Judgement made
Schedule to all parties
No client amenedments
Contractor sends invoice
Client pays
How did you make a judgement on if sums were certifyable.
Site photos
Invoices
Any missing invoices
Clarifcations with the contractor
Judgement
Impartiality
Explain practical completion process
-
What information is needed for CCC?
As per the Contract - this is also answered on another card so remeember!
Who applied for CCC?
Contractor on clients behalf, although it is the clients responsibility
Why did defects laibility period take so long in the project? ( around 6 months)
Covid delay, defects not complete on time, deffered works too much longer than expected
And covid level 4
Client wasnt too happy!
How did this project deal with the HSAW Act?
S36, S39
HSID reports
Contractor Site Specfic H&S plan (requested at Pre-start meeting)
What would you do if there were disputes with payment on this project from the contractor side?
Contract terms:
- Either the Principal or the Contractor can inform the Architect.
- The Architect must respond in writing within 10 working days.
- If there’s dissatisfaction, mediation is initiated.
- Mediation request must be in writing within 30 working days.
- Mediator’s decision binds unless rejected within 10 working days.
- If no mediation or settlement in 30 working days, dispute goes to Arbitration.
- Arbitrator appointment within 15 working days.
- Arbitrator’s decision is final and binding.
What would you do if there were disputes with payment on this project from the client side?
Same as the if there were disputes form the contractor side. Refer to other cue card
Discuss different types of Business models? Which one would you start with? Which business model do you see yourself working with in 10 years time and for what reason?
Sole Trade
Partnership
Co-Operative
Joint Venture (only temp)
Limited Liability Company
in 10 year with emplyees a Limited Liability company would be best
Explain PAYE, GST in relation to audit, tax, insurance and salary purposes
Not an expert - would get an accountant
You have to fulfil your legal obligations
Keep a serpate bank account for business costs
Talk through the professional indeminity insurance at SGA?
Hold PI of 2,000,000 for any one claim or 4,000,000 in aggregate
Where can you find information and support if you are starting a business?
NZIA support, colleauges etc
business.govt.nz
Practice Notes!
banks can provide you with a buiness plan
So can NZIA
Generally how does SGA comply with the Law?
The Registered Architects Rules (2006) state that ‘a registered architect must abide by the professional codes of ethics and conduct and laws in force in the countries and jurisdictions in which he or she provides professional service.’
Understanding there are a number of Laws that have be be complied with.
Keep up to date with Law changes in relation to business and the construction insdustry
- Registered Architects Act 2005
- Registered Architect Rules 2006
- Copyright Act 1994
- Consumer Guarantees Act 1993
- Fair Trading Act 1986
- Arbitration Act 1996
- Privacy Act 2020
- Goods and Services Tax Act 1985
- Health and Safety at Work Act 2015
- Resource Management Act 1991
- Building Act 2004
- Construction Contracts Act 2002
What are the Quality Assurance methods that SGA practice? (Section F)
Templates
Record Keeping
Filing Systems
Office Manager handling financial obligations
Staf meetings
Mark-Ups
Monday.com
Office manual
Why was there a Built-In guarantee if
Schedule G1 warranty was signed applied already?
Because the majority of banks now require this extra protection in the form of a 10 year guarantee
If the builder defaults it is more beneficial to have a guarantee than warranty
What is the most difficult situation you have dealt with in work?
Apple shed Bank
Apple shed Deferred works
Apple Shed Pool Plaster Colour
Increase from 150m2 to 160m2?
Extension of covered deck/outdoor room
What if your client is a builder?
Owner Builder Provisions would not apply as a builder would presumely is LBP
What are the risks?
Less control because builder/client would have greater say
Presumely builder/client would be project managing
Design build and not admistering
Automatic ECI
Automatic Limited Services
Talk to insurer and colleagues to see if any risk
Arguments/disputes may be hard to resolve.
Are you confortable with working with this paticular builder/client?
Will you be happy with the result?
Why is England street being observed, what does the contract say? Does it have a disclaimer?
Check this
Why is public liability standard of 5,000,000 (standard amount in pro Forma) reduced to 2,000,000 in your SCC?
Generally 2million is carried by smaller builders. SCC 2018 had 1,000,000 but 2023 will have 2,000,000. Because the broadfofm liability (public liability) that Crate carried was only 2,000,000
Why is Crates third party vehicle insurance so high?
10,000,000 is high yes when contact only requires 2,000,000
Did you only get Built-In guarantee after banks requested it?
Yes
What would you do if a builder wants a bond?
Clients Bond? - Typically if developers
Understand requirment for Bond and inform principal
Same if other way around (and its more common)
(three types of bonds:
-Contractor performacen bond
-Principals Bond
-Bond in Lieu of Retentions)
What were the main adverse affects on the England Street AEE?
Special character zone
Earthworks exceeded
Building Coverage exceeded
Impereable Area exceeded
Minor HIRB
Water discharge???? (Maybe don’t mention)
Lots of other stuff. Look into this in depth
What was your response for Oratia insurance requested to be taken out by Contractors?
Clients broker advised contractor to take out Contract Works Insurance
We noted this may lead to grey areas
The client extended their insurance to cover the works.
We are not insurance experts
Should we have advised this?
We weren’t advising we kept to the facts. “In our experience….”
WE SHOULD HAVE SENT A LETTER USING PRO-FORMA GUIDE-LETTER IN PRACTICE NOTE 9.410
Why was Schedule E2 not included in the contract? (PS3)
Perhaps should have been. But usually Schedule E2 (PS3) are required in the format that the council requires. They may not accept the E2 schedule
Did your project come within budget?
Slightly above from Tender Summary
Tender Price: $1,131,585.56 Excl GST
Final Payment: $1,262,413.73 Excl GST
Difference: $130,828.17
Why did you send the letter of acceptance early
Letter of Acceptence should only be send once agreement of client has been obtained for the Final Tender Summary
Apple Shed Letter of Acceptence was sent without any record of the client agreeing to the final summary
Why was your CCC before Defects liability certificate ???
Defects liabiliy certifiate should only be send once ALL the defects and deffered works are complete
We waited until december for all defects/deffered works to be completed
Because defects didn’t affect compliance (Pool cover, light angle, marks on walls) CCC could be obtained before hand
In reality after the final inspection and all compliance items have been finalised, then CCC can be granted. the council doesnt care about non-compliance items such as a light being the wrong angle etc)
Letters to bank - what were the procedures you took to avoid liability here. Read up on practice note
We stuck to the facts and wrote about our obligations under the contract (observation role)
There is a proforma from NZIA that could have been used for the bank letter. Bank Funding Statement (PN1.227)
What is your understnaading of the Contract Works Insurance provision that you described to the clients when their bank argued that the Contractor needs to take out Contract Works Insurance?
From SCC: Contract Works insurance
1.1 The Contractor shall effect insurance in the names of the Principal and the Contractor.
OR
The Principal shall effect insurance in the joint names of the Principal, the Contractor and
subcontractors.
We opted for the latter as there were exisiting works on the property - to avoid grey areas
WHy did you recommend the principal talk to the house movers regarding insurnace?
“Once you have your Contract Works insurance in place it is recommended that your broker also have a chat to the minor
dwelling moving company to get an accurate description of the job (they might want to discuss the equipment being used,
estimated time of the move etc.”
Insurance requirements incase something goes wrong. Who’s insurnace pays, the movers or the clients? Have this sorted before any work starts
How was quality managed in your project?
Early research on products
50% and 100% Architect “Red Pen” Mark-ups
SGA Templates
Defined Filing Systems
Record keeping
Clarifying in writing
Site Visits/Observation
How was time managed on your project?
Design:
AAS cover letter showstime estimates
Practice Meetings (support needed)
Team meetings
Project work plan
Set internal deadlines
Keeping Clients informed - proress sets
Consultant requests for timelines
Sharing our timelines with all parties
Designing within Unitary Plan
Monday.com
Practice manager
Knowing how many hours allowed for
Construction:
Keeping parties informed through:
Requesting contractor timeline (on SCC and pre-start meeting)
Emails
Meeting Minutes
ADs
Contractor provided timeline
How was cost managed in your project ?
Keeping Parties Informed of changes
Avoid RC
Using 3604 - simplify structure
QS
ECI
Detail changes (Steel Portal)
Where did you ask the contractor needed to provide a health and safety plan? (Note Heath and safety plans are mandatory in scc2024)
Kick-off meeting on site
You gave extension of defect liability date, were formal extensions of time provisions under the contract followed?
Extensions of time only apply to Practical Completion.
However Extension was partially given for DLP due to Covid
Contract General Conditions notes extension of time for “Something else of significance beyond the Contractor’s control.” This would apply
New SCC 2024 considers pandemic events
Why did the timelines between stages take so long? Between inital client contact and concept, and between concept design and prelimairy design.
Clients took a whille to gather thier thoughts and fill in SGA brief document before approaching
A lot of time waiting for client feedback
There was a big gap from the singing of the AAS to concept design (2 months), waiting for survey, gap between concept and prelim (3 months), waiting for clients feedback, and between prelim and developed (2 months) - a month between 50% prelim and 100% prelim waiting for client feedback
Were site works included in the brief and estimate?
Site works was asked by client to be included in the brief
Estimated included site works (site establishement and cleanrance) but not landscaping
Why did you sign up to 3 stages if the brief was clear?
Even though brief is clear, there is a risk of brief creep. Dave would’ve been aware of this from previous projects, and revising the AAS as required with revised estimates and fees, and scope, is ultimately more clear for all involved.
He noted this in his revised estimate email (now that we have a better defined project)
You say Garage not included but is included in Estimate?
Garage meant carport in estimate
What were the changes between the first and second estimate?
Removed Coastal Factor (interesting why it was there in the first place)
P&G and Contractors margin changed as a result of above
Contingency increased to 5% - presumably based on looking at existing work
Development contributions added
Were fluctuations allowed in your estimate and SCC?
Yes fluctuations allowed in both estimate and SCC at 2.5% but not with Schedule C1
How would a pre start meeting be different in a commercial build vs a residential?
Who are the parties
who are the consultants
how many consultants
will you be a sub-consultant
who is the clients
who is calling the shots
what are the limits of your role?
not RBW
is the company who is paying for your fees a legal entity (incorperated)
What is the timeline
Time, quality or cost triangle
How do you determine the warranty period for schedule g1?
Architects judgement:
-what period is normally offered
-client expectation
-the strength of the person who the warranty is being sought
-the likelihood of the warranty being called up
Get agreement between contractor and principal
10 years under Building Act - implied warranties
What constructions dont fall under the RMA? Where does the RMA not apply?
Not sure if this is a thing….I think everything has to comply with RMA
If it doesnt have adverse affects on the environment
possibly temporary works - but have to be permitted
Make a cue card about what to do if a client approaches you about a project. What are the exact steps
- Meet and talk to them if required
- Send them welcome book and brief doucments
- Clients encoruaged to send back as much information as possible (property file etc)
- Gather some inital information from GIS to asses feasability
- Review brief
- Send AAS
- Do inital estimate/Get QS
- Discuss/Meet with clients
- Site Visit and Measure
- Get survey
how do you charge for project establishment since AAS is not yet signed (sometimes)?
Get AAS signed as early as possible. Some inital feasibility (eg GIS) may not be able to be charged but most items on AAS B1 should be charged.
why did Oratia take longer than expected to start on site? Intially clients wanted to tart in early 2020. But only started on site in august
A lot of time waiting for client feedback
There was a big gap from the singing of the AAS to concept design (2 months), waiting for survey, gap between concept and prelim (3 months), waiting for clients feedback, and between prelim and developed (2 months) - a month between 50% prelim and 100% prelim waiting for client feedback
What is a consent notice?
A resource consent notice is a notice of intention to start work
Consent notices are a form of covenant between the council and the land owner and can only be imposed through a subdivision consent. (Council imposing restrictions on the site - developments??)
What happens when you are approached for observation but not administration?
This is the same as limited services. Refer to Practice Note and Discliamer Proforma
“However when requested the architect will visit the site to answer specific rations put to them by the Client concerning design problems, or the Architect’s construction documents.”
If I sign a BC at Knights does this make me liable? Because I can’t sign with the practice name because it’s not an NZIA practice
Yes presumely for RBW. Talk to Dahlia
Cannot sign RBW as architectural practice
How early should you engage a planner?
As soon as you know you are not working within the Permitted Activities. But can enegage once plans are finalised at preliminary developed design.
Can a Limited Liability company have partners or can a partnership be a limited liability company?
yes the end of practice note 1.316 describes this
Should you give health and safety manual as part of completion booklet?
Could be a good idea (design, constrction, maintainance/repair, demolition)
How does AAS deal with a fast track (novation) or design build contract?
no provision - but should charge more fees
Clients think they will save money but don’t consider rework and extra consultant costs
Did Apple Shed use short form for both AAS and SCC?
No SCC was standard form - but schedules were deleted to more match short form and to match specific conditions (no bonds, fluctuations, schedule of quantities etc)
What needs to be covered when there are existing works on the property?
An extension of existing insurance works well as the Contract Works insurance needs to cover the full replacement value of the existing less the value of any demolition works.
What Action should Dave have taken intead of talking to the bank directly?
The project Architect asked, to contact the mortgage advisor and bank, to accelerate the process. The Architect proceeded to call the bank without the permission of the client where upon the client called to state his disapproval about this process. A more appropriate action may have been to provide the bank, through the clients mortgage broker, with a Bank Funding Statement (PN1.227) that may be used in place of the valuation. It should be noted a Bank Funding Statementsincurs more risk and, therefore should be reflected in an additional fee.
Was the letter to bank risky?
Dave kept it factutal - but since values in the bank spreadsheet were changed then yes it was risky.
Bank funding letter can be risky due to evidence of duty owed by architect so should be reflected in additional fee
The letter could have taken the form of the proforma in PN1.227
Were deffered works in Oratia covered by clients insurance?
we advised the client to update their insurer regarding the status of the contract works, prior to the certificate being issued. The clients sent the list of deferred works to the insurer. The clients confirmed that their new house policy will cover deferred works except the pool and the existing contract works policy will cover the pool for a period.
When exactly is CCC should be applied for?
this can happen when compliance items have been completed. Usually after Final Inspection. Usually happens after practical completion or after defects liability period.
Do you need to pass final inspection from council before achieving practice completion?
No but often useful due to final inspection can help identify defects
Deferred works
you can also make Final Inspection a condition of gaining PC in the SCC
Does the Letter of Acceptance come from the client usually? For Apple Shed we did it on behalf of the client
No - it can come from Architect. There is a proforma in tender Schedules to do on behalf of client
What is broad-form liability?
same as public liability
Public Liability insurance otherwise known as General or Broadform Liability, is the foundation to a business’ liability insurance programme.
What is statutory liability?
This provides indemnity when action is taken by a regulator (or statutory body with authority to prosecute under an Act of New Zealand Parliament) against you or your business because of a breach of a New Zealand statute.
Howcome SGA dont insure with NZACS?
No idea
What should you do if the client requests ‘originality’?
Discuss further with the client what they mean by originality, all project should have originality to an extent (i.e architecture of place).
Discuss processes and working with an Architect.
Explain that each project is unique due to different site conditions, context, client needs and budgets.
Make sure the word ‘originality’ isn’t in the contract
What should / would you do if you won a project due to the skills of an employee but they leave?
You shouldnt rely on just one employee
Give them incentive to stay
Be honest with your client that your team has changed
Upskill
Hire another consultant
How do you ask for additional fee? What is the process? How can you word your agreement to allow for that? PN3.200’s
AAS; Right to renegotiate under Part D; Clause 15.2
If architect agrees to undertake the variations then the architect will be entitled to charge on a time and cost basis at an hourly rate as stated in part C
Special Conditions? Fee linked to m2 rate so you can identify scope creep.
Under AAS pg 4: “Programme – At the time of this Agreement, the Client’s anticipated timing to Practical
Completion is as per the programme attached. Any extension of the programme may result in
an upward pro-rata adjustment of the underlying fee percentage quoted. To the extent the
construction period is extended requiring further observation the fee per month shall be
increased by one third of the average monthly fee for the preceding three months.”
How do you define a budget? PN1.211
Assess market conditions, ask colleagues/prof. network. Engage QS to benchmark against m2 rate - ‘rough order of costs’. Analyse timesheets.
Manage Client expectations - quality, timeframe etc.
List contentious items out as Contract exclusions in Special Conditions - identify excluded scope in drawings.
What are the implications of having clients that are in a trust vs private?
Option A: Agreement with the trust – all trustees should sign the agreement.
Option B: All trustees to sign approval letter with written confirmation for representative X to provide all approvals for the purposes of project X.
Commerical Clients - Consumer Guarantees Act doesn’t apply.
What is one of the first questions you should ask when approached with a commision?
Is my client a legal person?
A trust is not a legal person so any contract entered into
must be with the Trustees, not the Trust.
The most common
forms of legal persons are natural people (individuals) and companies
When is a client not valid in an agreement?
- An unincorporated body, such as an unincorporated club.
- A ‘company’ (so called) which is yet to be incorporated.
- A minor, i.e. someone under the age of 18.
- A person not having legal status, such as an undischarged bankrupt or person of unsound
mind.
How many chapters in Unitary Plan?
Section A-N
What are the NZIA Rules
- Name, 2. Objects; i.e. Promote excellence in NZ Architecture, 3. Powers, 4. Interpretations, 5. Membership, 6. Disciplinary Proceedings, 7. Constitution of Council, 8. Officers of Council, 9. Branches, 10. Annual General Meetings, 11. Entrance Fees and Subscriptions, 12. Alterations to Rules, 13. Liquidation and Disposition of Property, 14. Notices and Communications.
How many Iwi Authorities in Auckland?
19
What is the % of project scope increase are you allowed to then claim for additional fees?
What document is this % number given?
Any variations to this Agreement, including to the scope and nature of the Agreed
Services, must be in writing and will be subject to all the terms and conditions of this
Agreement.
15.2 Variations to the Agreed Services may be requested by the Client. In the event the
Architect agrees to undertake the variations then the Architect will be entitled to charge
on a time and cost basis at an hourly rate as stated in Part C.
15.3 If the Agreed Services need to be delayed or accelerated because of changes in the
Client’s instructions or requirements, or due to any reasons beyond the Architect’s
reasonable control, then irrespective of the manner in which fees are being charged, the
Architect shall be entitled to additional fees on a time and cost basis.
AAS 2016 D10 Insurances say the maximum aggregate payable by the architect is 250 thousand.
What if a claim is more than that?
**$250 Thousand is the maximum liable for a claim. **
The client will need to cover the remainder of the claim.
If it is gross negligence / incompetence then under ‘Tort’ law the architect may be liable for more.
Understand the role of Mana Whenua and the process for engagement for RC
The mana whenua have a special cultural and spiritual relationship with the environment which is a matter of national importance under the Resource Management Act.
Include relationships with their scared sites, treasures , water and ancestral lands.
Mana whenua interests are represented by 19 iwi authorities in Auckland.
Benefits
Understand the history of your area and site
Be informed about the views of mana whenua
Ensure AEE
Get written approvals from potentially affects iwi to help avoid notification
Cultural Values Assessment prepared by Mana Whenua
What is a major and minor RC?
Major =
Public Notification Process (4-6months depending on complexity and level of contention – ad in newspaper or on website).
Limited Notification – Affected Parties (unless signed approval is acquired before application)
Minor = Non – notified consent
How might you get up-to-date information on construction costs if a QS has not been appointed- whether for your own use or advising a client of a ballpark?
Trade enquiries / Quotes
Benchmarking against similar projects ($/m2)
Ask around - colleagues or professional network
Refer to The NZ Building Economist / Rawlinson’s
QV cost estimate
…other methods?
What are determinations?
Determination is a legally binding decision made by MBIE as a way of resolving disputes about the rules that apply to buildings, how they are used, accessibility, health and safety etc.
They only apply to individual parties of the determination, but are useful to others as a guide when faced with a similar problem
What is a risk matrix?
i.e. E2 - External Moisture
E2/AS1 Tables 1-3 assessing the ‘building envelope’
Mitigating risk based on the principle of the 4D’s
* Deflection
* Discharge
* Drying
* Durability
Evaluate risk factors and select appropriate cladding
according to risk severity.
* i.e. Low, Medium, High, Very High
* Wind Zone
* Number of Stories
* Roof/Wall Intersection Design
* Eaves Width
* Envelope Complexity
* Deck Design
What are the LBP classes of competency?
LBP scheme has several classes of competency;
Design (design has 3 classes)
Site
Carpentry
Roofing
External Plastering
Brick and Block Laying
Foundations
Durability – 15 years? 50 years?
B2 – Durability
50 Year Durability (Structural Stability / Difficulty Accessing or Replacing / Use)
15 Year Durability
5 Year Durability (Easy to replace)
CCCS suspending work in a dispute
“No dispute arising gives either Party the right to suspend their obligations under the terms of this Agreement.”
WHat is the PPSR/PPSA?
Items should be registered on the Personal Property Securities Register and complies with the Personal Properties Securities Act.
Can the nominated ‘Architect’ to an SCC contract be anyone other than a registered architect?
Yes, ‘Architect’ refers to the NZIA Practice named in the Specific Conditions. An ‘Architect’s Representative’ can be appointed by the ‘Architect’ to administer and fulfill the obligations under the Contract.
What is an invitation to tender?
Not sure if there is a proforma. No risk in invitation
Can be a formal letter
How are shop drawings processed?
Issued by Contractor. Typically Architect & Engineer have [10] working days to review, and formulate response as outlined in P&G’s.
Responsibilities defined in AAS;
Stage B7 Contract Administration clause 7.4.
Shop drawings stamped with NZIA disclaimer outlined below; as recommended in PN4.206
“This drawing has been examined for compliance with the appearance, general set out and order of size detailed in the Contract Documents. The Architect accepts no responsibility for dimensions, quantities, methods or manufacture or assembly or for completeness of the information shown.
Return of this document as noted below is not an approval of structural adequacy, detailed dimensions, method of manufacture, statutory compliance, nor any contractual responsibility of the Contractor or user of this drawing. It does not relieve the Sub-contractor of responsibility for the correctness of the shop drawings, site dimensions, and the overall design, or for ensuring the work is performed in compliance with the Contract Documents. Nor can it be construed as authorising departure therefrom.”
a. ‘Returned’
b. ‘Returned as noted’
c. ‘Returned for amendment and resubmission’
Should separable portions be given separate PC so that retentions can be released?
Yes
What do you need to consider when working overseas?
What are the statutory requirements? What are the limitations of the service you can offer? Will your insurance company provide cover? Do you have the expertise in that environment. What are the building regulations? Is there someone / a practice in this country that you can team up with to provide local knowledge?
What / who does PI cover?
Protects the practice against risks of negligence and civil liabilities. It provides insurance to cover the employees that act for and on behalf of the firm. and you should ensure that the policy has a waiver of subrogation to protect the employees by preventing the insurance company from counter suing the employee that performed the act of negligence.
Professional Indemnity Insurance provides indemnity to the insured party for claims made against them for negligent acts that have occurred as a result of the services provided by that party. P.I .I can also cover some instances of civil wrongs.
It must be renewed anually to ensure that cover stays in place.
It covers acts discovered in the current year even if these have resulted from acts of negligence that have occured prior to the policy being put in place.
An excess is agreed with the provider – this is the first contribution of the insured party to claims made against them.
What is statute law and how can you be sued under it? What is an example of a breach of statute law?
Statute law is written legislation for example the Building Act, the Consumer Garuntees Act, the Fair trading Act.
A breach in statute law may include non-compliance with the building code. This would also suable under tort law.
Cannot scite about yourself under the Fair Trading act.
What is criminal law and how can you be sued under it? What is an example of a breach of criminal law?
Criminal law relates to acts which are threatening, harmful or otherwise endangering to the property, health and safety, and moral welfare of people.
A breach in criminal law might include if as a result of your design a person was to be injured or killed. E.g. a non-compliant barrier that resulted in a child falling from height.
What is non-plausible deniability?
That you are unable to claim that you were unaware and therefore are not responsible for the acts of your employees.
This was talked about after the earthquake in Christchurch where the Engineer for the CCTV building collapsed, and they claimed to not have known everything about what their employees were issuing.
What if your clients wanted to go over the 300m2 building coverage? What are the steps
Activities that do not comply with Standard H20.6.4(1) (300m2 max) are a restricted discretionary activity provided that the total building coverage on the site does
not exceed 25 per cent of the net site area.
Have you ever done a BC Amemdment?
Yes in Kowhai Garage Coversion, where we had to install a pump station for wastewater
Talk about Duty of Care
not just to those you are in contract with
Were minor dwellings permitted in H20 Waitakere Foothills Zone?
Yes - we didnt need an RC
The following standards apply to minor dwellings:
(1) a minor dwelling must be located on a site with a minimum net site area of
1500m2;
(2) there must be no more than one minor dwelling per site;
the proposed minor dwelling must have a floor area less than 65m2 excluding
decks and garaging;
the minor dwelling must share the same driveway access as the principal
dwelling; and
What were the yards for Apple Shed?
10m all sides
What were the colour reflectively rules on Apple Shed?
a dwelling must be constructed to have colour reflectivity limited to the
following:
(a) between 0 and 40 per cent for exterior walls; and
(b) between 0 and 25 per cent for roofs;
standard H20.6.9(2) does not apply to unstained timber and natural materials;
Why are the TBAs in Scheudle F1 in Apple Shed
Becuase they were principal and their broker to advise insurance items.
What tools would you use to determine construction R-value?
Design Navigator
Branz when doing calculations method
difference between calculation method and modelling method…
heat loss (calculator) vs energy use (modelling)
What should you consider when using the Modelling Method?
Minimum R values under E3 - “Prevention of Fungal Growth”
Why was Rich mad about the figures sent to the bank?
3 stages + reduced cost:
They wanted the bank sums be be redued from the contract price
We send them reduced values, breaking the build into 3 stages
Pool was to the the last stage
They only wanted to present stage 1 & 2 to bank
We presented all stages but reduced values for some items
Rich was unaware of this, didnt review the doc, and sent to the bank
Because of the sums they hit lending limits ($1,244,000)
they calls about their dissatisfaction
we agreed re holidng off pool and clients noted to the bank that the pool will be hold off
Clause 15.1 in B1 Specific Conditons notes you must do Final Payment Claim within 3 months, but the final payment claim happenened much later in December (PC was in June). What does this mean for the agreement?
After the Practical Completion certificate has been issued and no later than the time stated in
the Specific Conditions or within such additional time as the Architect may reasonably allow,
the Contractor’s final Payment Claim must be submitted to the Architect. The Contractor must
send a copy of the final Payment Claim to the Principal.
If the Contractor fails to submit the** final Payment Claim the Architect will make an assessment
and forward this to the Contractor**. The Contractor then has 10 Working Days in which to notify
the Architect about any objection to the assessment and the reasons for the objection/s.
In Apple Shed why did contractors claim intermediary payment claims between PC and Final Payment Claim?
Deffered works were present - therefore these had to be payed for.
What does the KA Service Agreement look like?
SDSA - Spatial Design Service Agreement
DINZ + AAS = SDSA
- Cover Letter
- Introduction
- Agreement Page
* Contact Info
* Stages
* Budget
* Programme
* Design Phase Outline
* Brief - Team Page
- Scope
- Fee Page
- Signatures
- General Conditions
How much Insurance do KA carry?
1m PI
2m PL
What are some of the clauses of the KA SDSA?
Liability - Only Liable for reasoble costs. Total liability should not exeed the full value of payments made by the client. Any claims must be filed in Court within two years of the agreement.
Insurance - The Designer holds professional indemnity insurance for an amount no less than that stipulated in the Project Details. Maintain insurance for a period of six years following the end of the services.
Disputes - Notify nature of dispute, informal resolution, if not resolved in 15 days go to arbitration,
Copyright - Designer owns, Client has license to use
How did Dave deal with the Conflict of Interest with having a family member be the Contractor?
Daves Answer:
I did the payment certs in my capacity as a registered architect, bound by ethics and I was not the contractor.
Well known older architect Brian Aitken told me that given you have no financial interest in that company and its a different legal vehicle there are no issues.
We once did work for a barrister and he said it was a benefit to him as he knew I would look over Cam’s shoulder to make sure he didn’t stuff up on one of his first projects !
For example Motu was done with me as builder and Pat as architect.
When Rich was asking for a “Bank Spreadsheet,” that didn’t reflect the actual value of the project to get their mortgage approved (he had money coming in from the UK sale), was this risky for us/him?
Daves Answer: Can’t remember other than trying to assist him with getting funding, may have been the UK funds delay? best you don’t show any of it in your case study…
How much public liability does SGA hold?
5 million
What were all the deferred works of Apple Shed?
Pendant lights
Installation and Certification of Fire
Bathroom Window Shutters
Earthworks for Drainage
Fence and Gate
Pool
Pool Fence
Tank Water Supply Pump
How would you deal with leaner times?
Assess 12 month runway/cashflow
Look at overheads (company car/Programme Licenses)
Try to look for more jobs
Identify creditors and debtors
Have emergency fund set up
Be cautious with spending in the good times
Go to 80%
If you must, go to redundancy process
What other Concept Designs have you done?
Kowtow
Naveya and Sloan
RK offices
Ohoka
What other prelim design packages have you done?
Kowtow
Pavilion
Worley
Sakey
RK offices
Apple Shed
What other developed design packages have you done?
Kowtow
England Street
Pavilion
Worley
Sakey
RK offices
Apple Shed
What other RC packages have you done?
England Street
Onemana - partial
What other BC sets have you done?
Apple Shed
Kōwhai
MGC x2
Apple Shed
Bellevue
Mahoenui
Pelham Ave
Domain Street
(Kowtow)
What is included in the granted consent?
Resource consent conditions that the council has put on the proposal to mitigate and effects on the environment
Reason for the council granting consent. whether any monitoring of the consent is required
Whether the consent has an expiry date
For applicantions that are notified - you generally have a stand down period of 15 days before works can commence. This is to allow any appeals to be submit. (Lodged with the Environment court)
Building consent is similar to this in that it includes the building consent conditions for the proposal. This can include limitation to working hours producer statements required for CCC
inspections and monitoring required by council officers reasons for granting the consent
What is a recent challenge you faced in your role?
Kowtow Melbourne
Hole being cut in floor based on previous plans
Contractor started on site before Construction plans were issued
Issue sorted between contractor and client directly
Direct contract
If I was administering try to resolve in good faith
List some minor variations from Apple Shed and England Street
Apple shed:
Slip joint
Window shift in minor dwelling
England Street:
Custom gutter detail
Sto plaster to resene plaster
Extents of weatherboards
Garage head detail
What Acts govern the tendering process?
The Fair Trading Act
The CCA
The Building Act
Contract and Commercial Law Act 2017
Dave determined your brief and budget would be a 150m2 house, without his help how would you estimate how big a house might need to be?
It would be based on looking at:
Previous similar jobs I have worked on
Asking around
QV Cost Builder
NZ Building Economist
Rawlinsons
QS
List some things you would have done differently on this job? Apple Shed
-Checked on the pool plaster colour
-Do not rely on photos for DL Cert
-Get more quotes for Consultants
-Bank funding statement??
How do you negotiate with a developer who is trying to beat down your fees?
No fee cutting
Make a commercial decision
Client changes their mind on drawings?
Have a chat with them
Increased service fees in good faith
Variations under contract AAS
Has the amount of drawings been defined in the contract?
Can you move these changes to the next stage?
If the client has copyright over the contract what are the risks?
Liability if they sell our works
Our details may not be built correctly
Similar to limited services
We might not be able to use for portfolio/marketing if client has IP
What consultant changes occurred that you had to communicate with the client?
Apple Shed:
Portal frame to braced wall
Covenant floor level
England Street:
Portal location in glazing corner
Fireplace made bigger
Insulation to basement - Greenstuff
What sort of things do you look for in a feasibility study?
Prior to any design being carried out.
If brief matches the budget and site
If commercial then it may to be do with financial viability of investment - ROI - an external expert may be needed as this is beyond architects expertise. Perhaps QS - or specialist economic consultants
Tenders have been received for a job and they are all too high. Client is considering abandoning. What do you do?
Explain possible reasons
Fluctuations in exchange rates, international products, competition and builders not being desperate so have high cost margins.
Re-tender with altered drawings
Was a QS approached and VE done or not?
Failure of due diligence?
Who is responsible
Does this require a complete redesign?
Negotiation with best tenderer
Your client wants to rush construction after design has been done. What would your advice be?
Alternative methods of procurement
Fast track
Consent drawings and construction staged
Or staged parts of the building
Explain risks and costs involved - charge for more risk
Quality might suffer
Design Build/Builders package may accelerate the process but hard to control quality
What are the signs of a builder about to go bankrupt? How would you advise the client?
Over claims
Tension between builder and sunnies
Sunnies not paid on time/coming to you
Unreasonable variations
DO EVER SUGGEST TO CLIENT THAT BUILDER IS GOING BANKRUPT
Could be seen as defamation
Stick to the facts
Have a conversation with the builder and client
Record conversations
Ensure insurances up to date
Assume if a major fault occurred during the defects liability period, what would your actions be?
Organise a meeting on site
Observe and record the damage
Advise client and builder measures to minimise damage
Investigate - check drawings vs what has been built on site
Do not admit any liability or accuse anyone.
Notify PI insurer
What would you tell a junior staff member if they are going to a meeting by themselves?
They should have adequate supervision - part of ethics (Competence)
And Registration Status of others
What can you demolish without consent?
Refer to Schedule 1 of Building Act
How did you/Dave let the clients know that your estimate was in fact an estimate?
On the cover letter
Tell them only a rough order of costs
Advise them to get a QS estimate (this is what was one on Apple Shed cover letter)
How might you know how long a project may take? Programming
Look forward with work load in office
Give client the most realistic programme with generous allowances
Which parties may you talk to if you don’t know something ?
Colleagues
NZIA
Insurer
Lawyer
Why did you do observation only once per month? NZIA practice note recommends once every week
Dave’s decision. Yes NZIA recommends once a week. Distance to consider
Perhaps something to consider in future
What Predesign Projects have you done?
Tent House
360 Showroom
Kowtow
Lots of Site Measures
What administration and observation projects have you done?
Apple Shed
England Street
Kōwhai
RK
(Tara Iti)
Why did you allow clients to move into minor dwelling before PC?
Should have done a run through and photographed
Sending a letter would have been good
Clients are able to occupy before practical completion even though not recommended.
Ensure relevant insurances are in place - VERY IMPORTANT
Health and safety concerns
What were the Geotechical matters in England Street? Re RC
Groundwater diversion, mechanical deflection in retaining
Who pays for the defects?
Generally the contractor, unless directed by architect
When you say “the principal did not take any actions available under the contract due to these delays” what do you mean?
I meant in regards to getting someone else to fix the defects with the contractor paying. OR seeking dispute through mediation or arbitration
What might you do if a contractor keeps delaying the programme?
They are compelled to act in a timely manner under SCC
Bonds and liquidated damages may be present
CGA may apply for consumer clients
Reasonable time
The Contractor must achieve Practical Completion of the Contract Works within the time stated in the Specific Conditions as adjusted for all extensions of time.
What were the conditions of RC on England Street?
Work to be carried out in accordance to the drawings (listed drawings)
5 years lapse time
$1020 for monitoring charges
Demolition should not exceed what’s on the plan
What does the health and safety risk matrix measure?
Severity and likelihood
Control measures
