PCM Flashcards
Ethics in Professional Practice
What is the history of AIA and anti trust laws?
AIA was made in 1909 and provided regulation for practice before NCARB. AIA is a non govt organization that precedes NCARB which is a state/govt entity.
AIA has 7-12 members (3 yr term) that handle complaints against an architect if in violation of code, does hearings has a hearing officer, make council decisions and penalties or appeals according to aia bylaw (bylaw is law made by an organization.
AIA created broad principles, ethical standards that members aspire to and rules of conduct which if violated result in disciplinary action
AIA and anti trust laws, aia is restricted to what they can regulate to foster economic competition. in 1980 code of ethics was repealed and temp replaced with unenforced ethical principles, was then revised and reinstituted in 1987
What are the 6 cannons of AIA code of ethics? What are 4 ways to think about ethics?
1-general obligation (respect history and art of the profession as well as impact. use sound judgment while in practice)
2-obligation to public (serve public interest and respect law)
3-obligation to the client
4-obligation to profession (integrity)
5-obligation to colleagues
6-obligation to environment (sustainable design)
Four ways to think about ethics:
1character based (integrity)
2contract based (social contract)
3duty based (deontology)
4results based (structure that protect )
What is a general overview of professional ethics in architecture?
Architects have a professional responsibility to build safely for the general public, client, and environment. It is important to practice ethically, legally and safely using sound technical knowledge, respect collegial orgs , uphold ethical public values, and client services.
Regulation of Professional Practice
What are common elements in licensing laws in a state? What is a registration board? Name 5 collateral organization in Prof Practice?
10th amendment leaves authority up to state for professional practice. licensing laws are regulation for health, safety, public welfare and consumer protection (assurance that building meets min state regulation).
practice act and title acts ensure practice and titles can only be used by registered architects.
registration board is comprised of combined profession it is voluntary and renewed by term.
common elements in licensing laws through each state are:
1 broad rules for authority and operation
2 definition of practice of architecture
3 set requirements for license
4 exemptions for certain structures not requiring an architect
5 define professional conduct and misconduct
6 sanction penalize when statue is violated
5 collateral organization:
NCARB national council of arch registration board
AIA american institute of arch
AIAS american institute of arch students
ACSA association of collegiate schools of arch
NAAB national arch accrediting board
note: architects might be able to size structural elements in a small residential projet but that is depending on code official during permit review
What are the steps for licensure, explain renewal, reciprocity, exemption, corporate practice?
use of title - under license and architect has “responsible control” over documents. they consider reviewing/correcting not responsible control.
a violation is called plan stamping.
“holding out” can be used for architect without a license, “fishing license” is for people who have a project in another jurisdiction but affiliated w a practice in the state. “emeritus and retired” is ppl who stopped practice. cant use the word architect under proposals or preliminary design in not licensed in state. rubber stand or embossing seal is made when licensed. all drawings from consultants should be sealed and changes should be sealed after building permit are issued.
qualification for licensure is education experience and exam. there is an application you fill out to the board plus a fee after ARE. might require additional open book on local licensing laws and rules and conditions.
renewal is 1/2/3 year cycle, most states have mandatory continueing education.
licensce is form of wall and wallet card
renewal application is online and containing questions pertaining to diciplinary action or if license was relinquished
reciprocity - comity/endorsment- transfer license to another state
exemption-to build without a license, residential by size or cost, agriculture structure
corporate practice- some states require firm name registered with licensing board with an annual fee. names that are not of the registered architect need approval
for bigger corps min precentage of stock ownership be held by licensed , regulated by state for certain legal entity, check secretary of state
other laws by state can regulate arch services only to be retained during construction or work to be performed only with signed agreement
What are the steps when a complaint is filed, the violation, outcome, what are board rules vs statutes?
anyone can file a complaint against an architect to the licensing board, it will be reviewed by staff of board. outcomes are:
-dismissal
-investigation - board reviewing cd
-referral to state attorney general office for cease and desist
-deferral to hold off on action until civil or criminal suit is resolved
-disciplinary action-action after review
note: self reporting life safety issues if an insurance claim is filed
violation: either violation of unlicensed untrained person which state attorney general is referred to or violation by licensed individual trained individual which will be fined such as fining an intern who does not yet have license
outcome-can receive letter of admonition that becomes part of public record, fines, cease and desist by state attorney general, remedial education, suspension of license for period, revocation of license, imprisonment if refusal to disobey cease and desist
board rules vs statutes:
board rules are procedure rules as written policies. details what is not covered in state or law
-idp doc
-rules for early exam
-requirements for design n stamp usage
-rules w wall license or wallet card
-ethical code
-mandatory continuing education
Explain continuing education system after licensure?
aia / ces - continuing education system made mandatory in 1996 through approved provider program. min is 18 credits for aia members
aia has learning units- 1 unit = 1 hr 2-6 credits required
learning unit, health and safety welfare-12 credits
learning unit health safety and welfare/sustainable design-4 credits
courses are given by design and construction associations, gov agencies, product manufactures and uni also through aia community
CSI-construction spec institute
IIDA-international interior design assoc
ACI-american concrete institute
bec - building envelope council
MCE- mandatory continuing education board requires state regulate appox 12 credits per year
Public interest design
Overview what socially responsible design is? And project types, and internal external and social practices? Also organization that support socially responsible design?
Socially responsible design addresses social enviro economic political issues through design, protects public interest (law defines general welfare) in their work. 3 basic goals 1.community and user based design 2 sustainability 3 meets needs of those who cannot afford design services pro bono work.
Project types - community based projects that improve urban conditions, community charette where community influences design, design build project like habitat for humanity that engages locals to build.
Internal and external practices: diverse staff workplace wellness supportive work enviro establish team missions with consultant, use design research, use sustainable principles, perform life cycle analysis. external-provide pro bono
organization - ACD association for community design, R/UDAT regional urban design assistance team, AIAS FBD freedom by design (students doing community service)
Role of architects in disaster response and recover
Give an overview for natural hazards (6), building damage assessments and approach to resilient design?
natural hazards include hurricane flood tornado earthquake volcano wildfire
75% is flooding typ home insurance excludes flood, hurricanes can trigger tsunamis on coast lines
arch role in construction :
manage emergency situations, help avoid or recover from disaster, building safety assessments, temp housing
building damage and safety assessments in 3 ways:
1 windshield assessment-drive by firefighter for police assessment of damage and public safety
2 rapid assessment- red yellow green signify safety. local building dep will determine habitability and extend of damage at request of owner
3 detailed assessment- before rebuilding, deep assessment
building retrofits:
passive or active retrofits policies: after disaster or in advance
some examples are hurricane clips, cheap walls, hold down anchors , hurricane shutters, impact resistant glass, heavy duty door garage openings, steel safe rooms bolted to foundation
Architects in non profit
List 5 do’s and don’ts of pro bono work?
5 dos
design the process
consider effort as relationship building endeavor
look for opp to enlist others
advocate and educate
5 dont
overpromise, rely on jargon, dont work without understand client needs, dont grandstand should engage in community discussion, dont allow the project to go on forever
Public service and community involvement
Give an overview of civic and community engagement?
aia definition of civic architect- architect improves community and human conditions, aware of local-fed issues and advocates for higher standard of living.
in land use policy, zoning, building codes:
planning and 1 zoning commissions
2 building code dev and review
leaderships: elected official or public service employment aka govt
Legal organization development
Give a legal overview of architects and law? List common claims against architects?
legal overview includes requirements by law which maybe be the following:
statues passed by federal state local law
admin rules and regulation like the planning board
building codes and standards
local ordinances by municipal law
legal obligation established by contract
laws established by precedents on requirements
two categories of legal issues are:
1 party disputes are delays, failures or potential failures relating to work performed or fee controversies
2 admin issues which relate to regulations, code and registration
common claims against architects are based on negligence or breach of contract. with negligence 4 issues need to be proven:
1-duty-legal obligation
2-breach-failure to perform
3-cause-breach of duty caused harm
4-damage-damages of breach
standard of care - is prudence in profession according to project type and budget and client needs. “in the same general locale..same or similar circumstance..sametimeframe “ -legal phrases in quotes
it is important to understand legal knowledge or hire rep during law suit , law does not require perfection and arch should not use phrases like “best practices” or “highest prevailing standard” these phrases will cause the claim to not get covered by insurance
do not:
detail specific results
take on contractors responsibilities or dictate their means and methods this is contractors performance selection
promise results by date
damages in negligence claim is compensation to remedy situation
breach of contract claims is when arch fails to deliver duties in contract
use contractual protections , essential provisions(contract clause) written into contract. most use AIA forms for provisions.
contacts should include project scope(the scope excluding what is not ur responsibility) , project time frame (start/completion dates) project fee (detailed payment either lump sum hourly not to exceed and when it is due percentage of project completion)
describe some key terms or provisions in contract
limitations of liability clauses- set a limit an owner can claim from ur insurance in litigation (max claim limit by state and insurance
mutual waiver consequential damages- waves damages from omissions causing delay and loss of revenue included in aia from
indemnification provisions-clause owners use to make arch responsible for all damages written broadly if not modified will not cover claim bc it transfers responsibility over to architect consult broker and attorney
changes in scope of services should be well documented and sent over to owner to be signed, even unsigned it can be still effective
damages of breach in contract claims where damages are measured in the difference where there was no breach
note agency in law:
vicarious liability-know the limits of authority in terms of being an agent for the owner
consultant-act as an agent for the architect providing expertise, know consultants insurance if owner hired consultant do not sign certificate for payment or certificate of substantial completion of consultants work
employee-usually firm is held responsible unless they acted beyond their role
what are some details of possible third party defense claims (4)
third party actions can claim on negligent acts, error or omissions that injure and damage third parties worker passersby occupants. arch should safeguard life health public and property
statue of limitations-claims expire 3 -10 years after completion of project
statues of repose-when claim occurs the time limit is set
betterment-owner can not sue for compensation of something they would normally have to pay for in a negligence claim against arch with error or ommision claim
How to avoid claims and litigation?
have proper contracts, communicate well and give client short term and long term expectations, use proper documentation on each project
Proper project documentation includes:
architect should inform owner of all significant events in writing.
should provide :
record of contracts between parties
record of scope of work to be accomplished
record of ongoing communication esp addressing problems
record of chronology events
consolidated record if project needs to be revised later
establish proper protocol and record keeping, wording is key do not jump to conclusions bc of liability admission of fault will be used against you in litgation. if recording a problem write “has to be investigated”
documentation: recreate what happen on job when and why in records.
dated project diary, site observation report, key event with time, photos , correspondence, status letters on regular basis, issue letters stating changes and potential problems, confirm issue and question owners position, do not assume, meeting minutes, memo phone calls, project scheduling info, change order logs, shop drawings logs, progress payment logs to owner and consultant, payroll and equip records, counting cost reports, estimates, bids, material invoices, claim reports
Copyright law for architects include:
intellectual property has 3 main areas in the us patent and trademark office and us copyright office.
-trademarks
-patents
-copyrights
copyright license termination in b101 grants owner limited license to reproduce for the purpose of construction and cease when it ends
copyright transfer- can not transfer liability of the documents, can transfer copyright license to owner at a date but all can not be transferred
avoid copyright infringement by maintaining copyright, read agreements for transfer by owner
obtain proof of copyright, use copyright notice and and register ur material, (need if wanted to file infringement claim) attorney fees and damages rebate are available if infringement occurred after
avoid substantial similarity consult intellectual property lawyer
aia a201 defines arch instruments of service to qualify under us copyright protection, includes drawings studies models specs and other similar matters which can be renderings and report phots bc govt does not have specific category for architectural work under their copyright protection
Entrepreneurial practice for starting firm
infrastructure-bc of new tech big operating budget is not necessary to start
collaboration-new firms can offer niche expertise and consultants
global practice-access to global design market , entering into international market is easier now
design firm business model
design firm business model articulates what business is conducted and how it will generate income
three business models
efficiency based firms-focused on fast and less expensive project delivery
experienced firms-solving non routine and complex design firms
expertise based firms-star arch or extreme talent based or narrow professional knowledge
generalist firm-located small community work on varied projects
business or financial setup, s corp is most common legal structure. select accounting system, establish tax identification and filing status , establish bank account, engage in trusted prof accountant attorney w legal setup and agreement, acquire funding outside if necessary or small business loan, loan program max 2 mil most common or micro loan max 35k
(other funding options through cc personal loads vendors suppliers , partnership through larger arch, secure gran funding through crowd sourcing)
software -archioffice is good for project scheduling and invoicing
what are elements of a business plan
purpose/business model- values project type
financial plan-revenue goals over time, operating budget over time, profit plan over time, firm revenue and staffing
operations plan-org structure, tech, project delivery model
marketing plan-external market conditions and competition , target market, image
firm legal structures
sole proprietorship
general partnership
a limited liability partnership
b professional limited liability partnership
a business corp sub c
b business corp sub s
professional corp
a limited liability corp
b professional limited liability corp
What are some elements for strategic planning for a design firm and some firm growth and development to build culture, what is effective leadership
mission statements for identity and purpose, vision objective and goals, goals and revenue, action plans detailed 1 year with deliverables in a timeframe
swot analysis: strength weakness opp threat
explain ownership transitions in a firm
identify buyer(when you sell write letter of intent/memorandum and develop purchase agreement)
, valuing the firm (net worth, net income, net fees, current backlog which is unearned net fees remaining on contract)
lawyer will go over legal corp doc, share holder info, benefits, financial info, insurance and liability info
when changing or merging , acquisition:
vision, roles for partners, partnership agreement which include guidelines for governance, methods of conflict resolution, code conduct, confidentiality req, terms of separation, and how leadership is cultivated for the transition
ways to organize departments:
1 shared studio/team based
2 studio by discipline
3 studio by project type
4 studio by principal