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PML Flashcards

1
Q

What does RIBA do?

A

Promote:
• Advancement
• highest standards in architecture
• and facilitate good practice

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2
Q

RIBA code of conduct?

A
  1. Integrity (honesty and truth)
  2. Competence (conscientious and with knowledge)
  3. Relationships (respecting rights and interests of others
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3
Q

ARB code of conduct?

A
  1. Conduct and competence - honesty, skill and care

2. Client services and complaints

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4
Q

Failure to comply with ARB?

A

Disciplinary action and removal of architects name from register

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5
Q

Why is a register important for public?

A

Gives architects integrity and reassures

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6
Q

Who is in the project team?

A 
• Client
• Contractor 
> sub contractors and suppliers
• Architects
• Quantity surveyors
• Other consultants 
> structural or landscaping
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7
Q

Contractor?

A

Constructor of building - can be larger or smaller firms depending on project

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8
Q

How do large contractors work?

A

Work is subcontracted, with contractors adopting a managerial approach

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9
Q

What do the ARB do?

A
  • prescribe qualifications for entry
  • issue a code of conduct and practice
  • operate a disciplinary process
  • Prosecute for misuse of architects title
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10
Q

Why register?

A
  • become true professional
  • higher standards than non professionals
  • architects become accountable under code of conduct
  • are more trusted due to regulations
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11
Q

Common complaints for ARB?

A
  • no written contracts or wording not clear
  • inadequate communication between architect and client
  • clients expectations not correctly managed
  • architect handled problem badly
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12
Q

What is English civil law?

A

Law that affects, controls and conditions the activities of buildings

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13
Q

What is civil law concerned with?

A
  1. Rights and liabilities between parties

2. The provision of remedy

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14
Q

What is a contract?

A

An agreement conferring rights and imposing obligations between two or more parties - enforceable in court

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15
Q

Why have a contract?

A

Enforces promises - contractual duties are agreed between parties themselves

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16
Q

3 stages of a contract?

A
  1. Intention - to create a legally binding relationship
  2. Agreement - made between parties
  3. Consideration - skills being offered from both parties (e.g. Labour or fees)
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17
Q

What is intention?

A
  • formal and binding intention

* only enforced by law if the parties intended their promises to be legally binding

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18
Q

What are the two stages of agreement?

A

Offer and acceptance

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19
Q

What is an offer in a contract?

A
  • 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
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20
Q

What is acceptance of a contract?

A
  • written or oral confirmation
  • silence is not acceptance
  • must accept every term
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21
Q

What is the consideration of a contract?

A
  • ‘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
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22
Q

difference between deed and contract?

A 
Deed = 12 years to make claim
Contract = 6 years to make a claim
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23
Q

Letter of intent?

A
  • 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
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24
Q

What are express terms?

A

Written conditions and terms the parties have agreed within the contract

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25
Q

What are implied terms?

A

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

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26
Q

Advantages of Standard term contracts?

A
  • 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
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27
Q

Why should standard term contracts not be altered?

A
  • provisions and definitions have cross-obligations and are inter linked
  • special legal action should be taken if parties wish to modify the contract
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28
Q

What happens when there is a breach of conduct?

A

The contract provides remedies, usually in the form of a financial penalty to the negligent party

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29
Q

Law of tort?

A

Law of wrong doing

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30
Q

Three parts to a law of tort claim?

A
  1. Must be a duty of care
  2. Must be breached by carelessness
  3. Damage must have resulted
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31
Q

Architect as agent?

A
  • architect acts on behalf of client
  • client is contractually bound to architects decision
  • therefore architect has duty of care with decisions
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32
Q

What is negligence?

A
  • careless infliction of harm or damage

* something which a prudent and reasonable man would not do

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33
Q

3 legislations?

A
  1. Town and country planning act
  2. Building Regulations
  3. Construction (design and management) regulations
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34
Q

Types of planning application?

A
  1. Pre-Application Advice
  2. Outline Planning Application
  3. Full Plans Application
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35
Q

When is consent given after a planning application?

A

Work cannot commence on site until an unconditional planning consent is given

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36
Q

Purpose of building regs?

A
  • 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

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37
Q

Two building regulations applications?

A
  1. Full plans application

2. Building notice

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38
Q

When is consent given for building regulations?

A

Work can commence on site as soon as Application is made - at your own risk

39
Q

What is CDM?

A

Construction (design and management) regulations

40
Q

Aim of CDM?

A

To integrate health and safety into management of projects

41
Q

How does the CDM improve health and safety?

A
  • improve planning and management from start
  • identify hazards early, eliminate or reduce them
  • target effort which can do the most good
  • discourage bureaucracy
42
Q

3 roles of client?

A
  1. Client to design team
  2. Employer of contractors
  3. Building owner (although may not use building)
43
Q

Main duty of architect?

A

Duty of care

44
Q

Duty of care?

A
  • required to exercise reasonable skill, care and diligence

* act in accordance with normal standards of the architects profession

45
Q

How can a breach of conduct be resolved?

A

Seek remedy through:
• complaint to ARB
• action in court under the terms of contract
• action in tort

46
Q

Standard form of agreement as agent?

A
  • sets out terms and conditions
  • defines scope
  • defines duties of architect and client
  • defines fees to be paid to architect
47
Q

Architects liabilities?

A
  1. Liable in contract directly - under specific terms and conditions
  2. Liable in agency - under the standard form of agreement in acting on the clients behalf
48
Q

Bilateral agreement?

A

Where both parties give promises

49
Q

How can an architect manage risk?

A
  • state liability limit
  • rely upon net contribution clause
  • professional indemnity insurance of a minimum £250,000
  • prudent management of practice
50
Q

Different forms of practice? (6)

A
  • the sole principle
  • the partnership
  • limited liability partnership
  • limited liability company
  • public liability company
  • cooperative and collaborative arrangements
51
Q

What does a business strategy need to show?

A
  1. evaluation of current state of business
  2. Predict where the company will be in 5 years
  3. Promote operation plan within which the practice promises to develop
52
Q

What is a swot analysis?

A

Internal study by a company to analyse strengths and weaknesses

53
Q

What are implications of growth?

A

Need to:
• promote yourself more efficiently
• predict future income
• increase staffing and logistical support

54
Q

What is the major implication for growth?

A

GROWTH COSTS MONEY

55
Q

Why are accountants necessary?

A
  • annual audit accounts
  • tax advice
  • advice on financial strategy
56
Q

Why are legal advisors necesssry?

A 
For general legal matter:
• employment
• leases 
Specialist matters:
• third party warranties
• contracts
• litigation
57
Q

Why are insurance brokers important?

A 
For: • premises and contents insurance
• employee insurance
• third party insurance
• vehicle insurance  
• professional indemnity insurance
58
Q

Most significant outlay after salaries?

A

Premises - accounting for 20% of revenue

59
Q

Why is choosing the right staff important?

A

Significant investment - so staff should know company goals and that their personal goals can be achieved within the workplace

60
Q

What is good management?

A

involves everyone and understands the patterns and processes that are effective

61
Q

What is vicarious liability?

A

When someone is held responsible for the actions of another person.

62
Q

What is delegation?

A

Assigning roles to members of a team

63
Q

Why is delegation necessary?

A
  • creates an efficient team
  • staff need to demonstrate leadership under pressure
  • advances younger staff, which is in the interest of the practice
64
Q

Keys to successful delegation?

A
  • task and person are compatible
  • degree of responsibility
  • the person is properly briefed and understands role
65
Q

How to motivate employees?

A
  • inspiring people
  • good working conditions
  • good prospects
  • good salary
  • individual is given opportunity to benefit practice
66
Q

What is procurement?

A

The means by which a principal contractor is to be appointed, where a contract is agreed

67
Q

What determines the procurement process?

A

The choice of and agreement upon the form of contract

68
Q

What determines the procurement path?

A
  • 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
69
Q

What are the principle procurement systems?

A
  1. Traditional
  2. Design and build
  3. Management contracting
  4. Construction management
70
Q

What is traditional procurement?

A

When a client commissions an architect who leads and coordinates the design team

71
Q

Under traditional procurement, what jobs must the architect carry out?

A
  • develop a specific brief
  • produce a design
  • invite tenders
  • administer the contract during the construction period
  • agree and settle the final account
72
Q

What is design and build procurement?

A

Places responsibility for both design and construction in the hands of contractors

73
Q

What is traditional design and build?

A

When the contractor carries out and is responsible for the functions of completing the design (designed by others) and constructing the building

74
Q

What must an architect do for design and build?

A
  1. Prepare designs to the employers requirements and be liable to them
  2. Ensure hat the design will not end in injury or death to building users
75
Q

How can the architect remain part of the design process in design and build?

A

Through novation and consultant switch

76
Q

Novation?

A

When a contract between architect and employer is replaced by another, on identical terms between the architect and the contractor.

77
Q

Consultant switch?

A

The original design team adopts a consultant role, where the contractor completes the work

78
Q

What is a project manager?

A
  • 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
79
Q

What is the problem with project managers?

A

Often have all the authority but no responsibility

80
Q

What is management contracting?

A
  • 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
81
Q

Why does management contracting put pressure on architects?

A

Detailed design work and production documentation needs to be produced to a specific deadline

82
Q

What is the difference between management contracting and construction management?

A

In construction management - all the trade contractors are responsible to and in contractual relationship with the employer, not the contractor

83
Q

Construction management removes what problems from management contracting?

A
  • 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
84
Q

What is partnering?

A

Commercial system to achieve a building with a structured approach to facilitate team working and relies upon trust

85
Q

What are the two approaches to partnering?

A
  1. Parties enter a single legally binding contract which included partnering principles such as trust. May or may not be enforceable by law.
  2. Parties enter a single legally binding contract and includes the partnering objectives in a separate non-binding charter
86
Q

What is the point of partnering?

A

Enables professionals to work together with the objective of reducing costs for mutual benefit

87
Q

What is tendering?

A

Process by which a contractor is selected and appointed

88
Q

Two ways of tendering?

A
  1. Negotiation

2. Competition

89
Q

When is negotiation tendering used?

A
  • when construction time is limited
  • where specialists or expertise are required
  • where there is a working relationship already
90
Q

Process of negotiation tendering

A
  1. Shortlist compiled or single contractor selected
  2. Basis for first stage tender established - e.g. Drawings provided
  3. Negotiation is established, letter of intent may be issued
  4. Contractor works with design team over pricing
  5. A formal contract is established
91
Q

Stages of competition tendering?

A
  1. Shortlist created
  2. Preliminary enquiry requesting confirmation of interest
  3. Successful contractors submit tenders
  4. Tenders given time to submit
  5. Tenders opened and contractor/s decided
92
Q

Factors affecting choice of contract?

A
  • cost
  • time
  • quality
  • Complexity
  • size
93
Q

Principle members of design team

A 
Architect
Quantity surveyor
Structural engineer
Building services engineer
(Other consultants)

PML (1 decks)

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