PML Flashcards
What does RIBA do?
Promote:
• Advancement
• highest standards in architecture
• and facilitate good practice
RIBA code of conduct?
- Integrity (honesty and truth)
- Competence (conscientious and with knowledge)
- Relationships (respecting rights and interests of others
ARB code of conduct?
- Conduct and competence - honesty, skill and care
2. Client services and complaints
Failure to comply with ARB?
Disciplinary action and removal of architects name from register
Why is a register important for public?
Gives architects integrity and reassures
Who is in the project team?
• Client • Contractor > sub contractors and suppliers • Architects • Quantity surveyors • Other consultants > structural or landscaping
Contractor?
Constructor of building - can be larger or smaller firms depending on project
How do large contractors work?
Work is subcontracted, with contractors adopting a managerial approach
What do the ARB do?
- prescribe qualifications for entry
- issue a code of conduct and practice
- operate a disciplinary process
- Prosecute for misuse of architects title
Why register?
- become true professional
- higher standards than non professionals
- architects become accountable under code of conduct
- are more trusted due to regulations
Common complaints for ARB?
- no written contracts or wording not clear
- inadequate communication between architect and client
- clients expectations not correctly managed
- architect handled problem badly
What is English civil law?
Law that affects, controls and conditions the activities of buildings
What is civil law concerned with?
- Rights and liabilities between parties
2. The provision of remedy
What is a contract?
An agreement conferring rights and imposing obligations between two or more parties - enforceable in court
Why have a contract?
Enforces promises - contractual duties are agreed between parties themselves
3 stages of a contract?
- Intention - to create a legally binding relationship
- Agreement - made between parties
- Consideration - skills being offered from both parties (e.g. Labour or fees)
What is intention?
- formal and binding intention
* only enforced by law if the parties intended their promises to be legally binding
What are the two stages of agreement?
Offer and acceptance
What is an offer in a contract?
- bound by law if offer accepts
- offers are precontracual - no contract until accepted
- an act already performed cannot be used as a consideration for a new contract
What is acceptance of a contract?
- written or oral confirmation
- silence is not acceptance
- must accept every term
What is the consideration of a contract?
- ‘quid pro quo’ - something for something else
- usually in the form of a fee or labour
- bargain decided by parties, not law
- when party provides consideration, they have probity of contract
difference between deed and contract?
Deed = 12 years to make claim Contract = 6 years to make a claim
Letter of intent?
- unilateral agreement in which one party confirms their intention to enter into a contract
- must contain an instruction to act on and confirmation of a paid sum
- enforceable in court
What are express terms?
Written conditions and terms the parties have agreed within the contract
What are implied terms?
When the law implies terms of a contract
E.g. Where it is obvious from the contract that parties would have agreed it - had it been suggested when the contract was made
Advantages of Standard term contracts?
- pitfalls of contract law have been removed - like wording issues
- interpretation of words used and their intentions have been settled by case law
- user of contract enjoys benefit of other people’s litigation
- people know where they stand
Why should standard term contracts not be altered?
- provisions and definitions have cross-obligations and are inter linked
- special legal action should be taken if parties wish to modify the contract
What happens when there is a breach of conduct?
The contract provides remedies, usually in the form of a financial penalty to the negligent party
Law of tort?
Law of wrong doing
Three parts to a law of tort claim?
- Must be a duty of care
- Must be breached by carelessness
- Damage must have resulted
Architect as agent?
- architect acts on behalf of client
- client is contractually bound to architects decision
- therefore architect has duty of care with decisions
What is negligence?
- careless infliction of harm or damage
* something which a prudent and reasonable man would not do
3 legislations?
- Town and country planning act
- Building Regulations
- Construction (design and management) regulations
Types of planning application?
- Pre-Application Advice
- Outline Planning Application
- Full Plans Application
When is consent given after a planning application?
Work cannot commence on site until an unconditional planning consent is given
Purpose of building regs?
- Health and safety in and around building
- welfare and convenience of a building - e.g. disabled access and energy conservation
DO NOT RELATE TO QUALITY CONTROL
Two building regulations applications?
- Full plans application
2. Building notice
When is consent given for building regulations?
Work can commence on site as soon as Application is made - at your own risk
What is CDM?
Construction (design and management) regulations
Aim of CDM?
To integrate health and safety into management of projects
How does the CDM improve health and safety?
- improve planning and management from start
- identify hazards early, eliminate or reduce them
- target effort which can do the most good
- discourage bureaucracy
3 roles of client?
- Client to design team
- Employer of contractors
- Building owner (although may not use building)
Main duty of architect?
Duty of care
Duty of care?
- required to exercise reasonable skill, care and diligence
* act in accordance with normal standards of the architects profession
How can a breach of conduct be resolved?
Seek remedy through:
• complaint to ARB
• action in court under the terms of contract
• action in tort
Standard form of agreement as agent?
- sets out terms and conditions
- defines scope
- defines duties of architect and client
- defines fees to be paid to architect
Architects liabilities?
- Liable in contract directly - under specific terms and conditions
- Liable in agency - under the standard form of agreement in acting on the clients behalf
Bilateral agreement?
Where both parties give promises
How can an architect manage risk?
- state liability limit
- rely upon net contribution clause
- professional indemnity insurance of a minimum £250,000
- prudent management of practice
Different forms of practice? (6)
- the sole principle
- the partnership
- limited liability partnership
- limited liability company
- public liability company
- cooperative and collaborative arrangements
What does a business strategy need to show?
- evaluation of current state of business
- Predict where the company will be in 5 years
- Promote operation plan within which the practice promises to develop
What is a swot analysis?
Internal study by a company to analyse strengths and weaknesses
What are implications of growth?
Need to:
• promote yourself more efficiently
• predict future income
• increase staffing and logistical support
What is the major implication for growth?
GROWTH COSTS MONEY
Why are accountants necessary?
- annual audit accounts
- tax advice
- advice on financial strategy
Why are legal advisors necesssry?
For general legal matter: • employment • leases Specialist matters: • third party warranties • contracts • litigation
Why are insurance brokers important?
For: • premises and contents insurance • employee insurance • third party insurance • vehicle insurance • professional indemnity insurance
Most significant outlay after salaries?
Premises - accounting for 20% of revenue
Why is choosing the right staff important?
Significant investment - so staff should know company goals and that their personal goals can be achieved within the workplace
What is good management?
involves everyone and understands the patterns and processes that are effective
What is vicarious liability?
When someone is held responsible for the actions of another person.
What is delegation?
Assigning roles to members of a team
Why is delegation necessary?
- creates an efficient team
- staff need to demonstrate leadership under pressure
- advances younger staff, which is in the interest of the practice
Keys to successful delegation?
- task and person are compatible
- degree of responsibility
- the person is properly briefed and understands role
How to motivate employees?
- inspiring people
- good working conditions
- good prospects
- good salary
- individual is given opportunity to benefit practice
What is procurement?
The means by which a principal contractor is to be appointed, where a contract is agreed
What determines the procurement process?
The choice of and agreement upon the form of contract
What determines the procurement path?
- Time - economy and certainty
- cost - economy and certainty
- control - apportionment and risk
- quality - in design and construction
- size and value - small/medium/large
- complexity - complex or simple
What are the principle procurement systems?
- Traditional
- Design and build
- Management contracting
- Construction management
What is traditional procurement?
When a client commissions an architect who leads and coordinates the design team
Under traditional procurement, what jobs must the architect carry out?
- develop a specific brief
- produce a design
- invite tenders
- administer the contract during the construction period
- agree and settle the final account
What is design and build procurement?
Places responsibility for both design and construction in the hands of contractors
What is traditional design and build?
When the contractor carries out and is responsible for the functions of completing the design (designed by others) and constructing the building
What must an architect do for design and build?
- Prepare designs to the employers requirements and be liable to them
- Ensure hat the design will not end in injury or death to building users
How can the architect remain part of the design process in design and build?
Through novation and consultant switch
Novation?
When a contract between architect and employer is replaced by another, on identical terms between the architect and the contractor.
Consultant switch?
The original design team adopts a consultant role, where the contractor completes the work
What is a project manager?
- used in traditional and design and build
- leader of consultant team
- can be architect but now generally a separate individual
- emphasis on planning and management
- acts as link between design team and client
What is the problem with project managers?
Often have all the authority but no responsibility
What is management contracting?
- contractor employed early on
- contractor doesn’t carry out construction, simply a manager
- construction work is divided into packages
- contractor responsible for overseeing process and judging costs
- fast process that allows for construction as soon as sufficient information provided
Why does management contracting put pressure on architects?
Detailed design work and production documentation needs to be produced to a specific deadline
What is the difference between management contracting and construction management?
In construction management - all the trade contractors are responsible to and in contractual relationship with the employer, not the contractor
Construction management removes what problems from management contracting?
- the contractor, as construction manager, can become an active member of the design team
- trade contractors are liable for their breach of contract directly to the employer - removing the contractor from the contractual chain
What is partnering?
Commercial system to achieve a building with a structured approach to facilitate team working and relies upon trust
What are the two approaches to partnering?
- Parties enter a single legally binding contract which included partnering principles such as trust. May or may not be enforceable by law.
- Parties enter a single legally binding contract and includes the partnering objectives in a separate non-binding charter
What is the point of partnering?
Enables professionals to work together with the objective of reducing costs for mutual benefit
What is tendering?
Process by which a contractor is selected and appointed
Two ways of tendering?
- Negotiation
2. Competition
When is negotiation tendering used?
- when construction time is limited
- where specialists or expertise are required
- where there is a working relationship already
Process of negotiation tendering
- Shortlist compiled or single contractor selected
- Basis for first stage tender established - e.g. Drawings provided
- Negotiation is established, letter of intent may be issued
- Contractor works with design team over pricing
- A formal contract is established
Stages of competition tendering?
- Shortlist created
- Preliminary enquiry requesting confirmation of interest
- Successful contractors submit tenders
- Tenders given time to submit
- Tenders opened and contractor/s decided
Factors affecting choice of contract?
- cost
- time
- quality
- Complexity
- size
Principle members of design team
Architect Quantity surveyor Structural engineer Building services engineer (Other consultants)
