General Situations Flashcards
You have been working for several years on designing an apartment building for Huge Contracting Co Limited. The apartment building is already under construction, but you fall out with Huge Contracting Co which subsequently relinquishes your services in the middle of construction. Huge then demands your CAD files so that another architect can complete the work for a reduced fee. How do you proceed?
*Assume design build. Would not typically allow a contract that this was possible, or have a contractual relationship with contractor rather than client. Check Services Agreement and seek legal advice.
*Note to client the risks involved in stopping services. Mediation with the contractor to resolve before services are relinquished.
*Copyright in services agreement, unless stipulated then Copyright Act applies (client owner as commissioner). AAS etc. sets to contract out of this. Copyright is vested in the architect in most contracts.
*What do you agree to provide. Did you agree to share models? If not then no. If yes then still reluctant but ask lawyer.
*Risk in terms of liability if they’re using your model.
Not long after the first slab is poured and cured, cracks appear. You suspect the work is defective, believing that there should not be a problem if it is constructed according to the drawings and specification. The builder insists the problem is with the engineers specification. What should you do?
*Check own docs and engineers specification and drawings.
*Seek advise from senior colleagues
*Discuss with the contractor how they have complied with documentation and ask them to provide evidence (photos, material receipts etc.) look back at own observations.
*Notify engineer and hold meeting with contractor
*Between the engineer and contractor – impartially facilitate remediation
*Is the work guaranteed by the engineer or subtrade
*May need a second opinion.
*Advise client in timely manner
*Insurance might cover remediation
*Engineer site inspect and sign off
*Engineer would have done pre pour inspection
*Judgement if in tolerance or not, in specification under concrete, masterspec for tolerance
What must a junior do before leaving the office to go to the building site?
*Tell some someone
*Bring appropriate PPE
*Come up with a plan, review relevant drawings before going to site
*Ask the contractor what is happening on site, and confirm they can induct them onto site.
What do you tell your client if you are not successful in your Resource Consent Application?
*Do you have a planner? Discuss with them
*Review Council reasoning, ask for further information if required
*Once you understand issues, explain to client and give the client options, stop project or redesign/re-apply
*Client should not have expectation that it definitely will get resource consent
*Depends on why, pre-app. If pre-app was positive then you will want to know why. If pre-app was negative then why did you proceed?
*Engage a planner
What do you advise your clients re – alternative solutions?
*Totally depends. Explain to process and risks.
*Ask why has alternative solution being considered, is it a cost or availability issue
*Client, builder or designer driven
*More admin involved to get through council
*Risk of not being accepted. Do you have a back up option.
*Ask suppliers if the product has gained compliance in similar situations. They might have testing and PS3 they can provide.
You are doing a feasibility study for a property which allows only multiple dwelling use. What things do you look for / include?
*Look at district plan, PIM/LIM and CoT
*Clients brief
*Might use NZIA Small projects agreement
Tenders have been received and they are all too high. The client is considering abandoning the project. What do you do?
*Confirm that tender docs notes that client does not have to accept any tender
*Notify tenderers of unsuccessful tenders
*Discuss clients options, retender or redesign and retender
*Second opinion from independent QS on feasibility QS
*Consider how this happened, why did the misalignment happen between cost and budget.
Fringe benefit tax (FBT) what is it? How do you apply it to running tax?
Tax you pay on fringe benefits i.e a car
It’s the first day of pouring the concrete and halfway through there is a torrential downpour. What should the builder do? What should you do?
*Slab vs footings
*Builder needs to use good judgement
*Ask the contractor what is the implication of this. What options have they considered
*What remedial works will be required? Contractor to provide a plan on how to proceed
*How did this happen
*Builder responsible for pour, not for architect to instruct
*If there are likely to implications on time then ensure they notify client
You have just completed developed design for some shops and the client wants to rush construction to take advantage of Xmas trade. What are you’re options?
*Is it actually feasible? Explain time, quality, cost implications and risks to client
*ECI for advice and lock in timing
*Building Consent and Tender at the same time
*Prefab options
*Look at design build
*Options for staged BC, separable portions etc.
*Start building before detailed design, detail joinery and things later, what needs to be priorities
Can you issue variations after PC (during the defects liability period) for works that are necessary but not included in the contract?
*Variations only pertain to changes to changes in the contract. No Variation.
*Remediation only
You have noted a defect during the defects liability period, and advised the Builder to rectify it. The builder inspects it, and advised you that the client will need to pay for the work. What do you do?
*Check PC inspection report. Was this noted before and not been remediated.
*If not there when certified PC then how did it occur
*Is it as result of client or defective work
*Act impartially to see how defect occured
You observed bricklayers commencing a wall and noticed that the DPC was missing. You told the builder that it must be included, he said OK. You later observe and it still has not been included. You send out an architect’s instruction requesting that the wall be pulled down and the DPC included. The builder tells you that he has mentioned the issue to the client and offered a $500 reduction in the contract sum, to which the client has agreed. What do you do?
*Should have instructed formally when you first noticed DPC missing. Also check drawings to make sure it’s not missing there.
*Explain to client and contractor that it has to be built in line with the drawings for CCC and also the risk of dampness on the performance of the building. Act impartially in interest of the project only.
*Explain that they will likely fail inspection and work won’t be able to progress
The builder refuses to knock down a brick wall which you consider is defective. What is your course of action?
*Assuming that they have disputed the direction, some number of working days
*Refer to contract for dispute resolution process
*It is non-negotiable
What are the issues of going out for tender before building consent?
*Building consent may not be granted
*Changes to the design will be variation which will incure additional margin
- Changes can be issued as a NTT or PTC (depending on stage of the tender)
*Well considered & reviewed drawings should have minor changes during building consent.
If you were boss and a client comes to you with a type of project you haven’t worked on, how would you set your fee?
*Refer to code of ethics, can’t misrepresent your abilities
*Let client know but that with the right team it could be undertaken.
- experienced subconsultants (note this is a risk) or separate consultants
*Propose a fee estimate range to build in some risk
*Discuss with other architects if you feel comfortable/have that relationship with them
*Stage services and recalibrate at each stage
*Clear scope, clear brief from client
*Factor coordination of specialists into fee
The builder just rang up and told you that the footing of a slab on an adjoining property has encroached onto your client’s property by 600mm and it is affecting progress of work on site. What do you do?
*Check site boundary and review docs, checking if survey picked up on this
*Organize site visit with surveyor, and they can investigate if it is encroaching on boundary
*If this hadn’t been discovered earlier then why? If so then this should have been mitigated.
*Assume already existing
*Has contractor notify of potential EoT claim
*Once you have established outcome then discuss options with contractor and client
What if you do prelim design up to resource consent and then the client wants to take it elsewhere to another architect to continue/finish?
*What does your Services Agreement say, this might be totally within the clients right
If a client came to you with a budget, which is below the spatial requirements, what would you do?
*Misaligned brief and budget
*Show them recent sqm rates from current projects (note to manage risk project need to be similar scale)
*Clarify you are not a price expert so you would suggest a QS if they wanted to progress
*Discuss options with client if they want to progress
*Understand risk
- List QS estimate as separate consultant, note this could be completed at each or key design stages.
Tender is submitted 10 mins late with the client sitting next to you and they grab it out of your hand - 100K under others. Client wants to take it. What do you do?
*Remind client of NZRAB ethics
- Ask Tender reason why they are late
*Check reason for late tender. Has to be fair so ethically non-confirming tender cannot be accepted
What happens if you go to a site and you see unsafe work practices?
*Have to report to PCBU or site safety representative
*Note in report/in writing
What do you need to do if you are asked to provide Producer Statement?
*Authors must only sign producer statements for work which they can attest to and which is within their limits of technical competence.
What if there were 3 tenderers, 1 pulled out, the other 2 had a 10% difference in their tender price? What do you do?
Following from the question above, in the lower tender, the sum for the appliances is significantly higher than the other, what do you do?
*Is it a requirement for more than 2 tenders?
*Evaluate and see where 10% is and may need to ask tenderer if they want to withdraw or confirm price (if you suspect underquoted)
*Assume tender submission not as good
If the client has the copyright through the contract, what are the risks?
*AAS client given limited license till building work complete
*If no such clause exists (MoE/KO e.g) risks are reproduction of your work
*Unless otherwise specified the drawings are site specific
Tags – if there is an alternative proposed by one of the tenderers and the client would like to consider that particular alternative,
what do you do?
*Evaluate alternative for compliance, compatibility etc.
*Have to accept whole tender to consider this alternative
*Assume hourly rate for any evaluation of tender, redesign
You notice a mistake in one of the tender submissions, the joinery quote is missing. What do you do?
What do you do if they confirmed it with the joinery quote still missing?
What’s likely to happen during the contract works period if you accept this tender?
*Ask for a clarification
*Non confirming tender so not acceptable
*Ask if they want to withdraw or confirm
*You would evaluate that as a major risk, they may corner cut later to make up lost money, or claim variations
*Not a good way to start relationship taking advantage of a mistake
If you submit a non-standard detail [that you know works] to
council and they refuse it what do you do [to make sure it can
happen]?
*Can you prove compliance through alternative solution
* Is it worth the additional Risk
If a tender comes in and the tenderer wants to change it to make it better and it’ll beat the rest my miles and make the project 50
times better and the client has caught wind of it and is pushing you to accept the change, what do you do?
*Tender prices are set at tender submission time, unethical to accept changes after submission deadline.
*Very unethical on contractor. Need to explain process to client.
- Remind client of NZRAB Ethics
*If client wants to reject other prices it could be tendered but would recommend against it
*Why would price change so dramatically
