PN 2.100-3.200 - CHATGPT Flashcards
1
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Flashcard Questions and Answers:
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Q: What is the purpose of Practice Note PN 2.102 on Quality Control Checklist?
- A: Purpose: To provide recommendations to improve practice methods related to quality control in architectural projects.
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Q: According to the practice note, what should architects assure themselves of before accepting a commission?
- A: Architects should assure that the client has the financial capacity for the proposed project and avoid projects for clients prone to litigation or speculative projects without a proven record.
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Q: What is the recommendation regarding the selection of consultants in the practice note?
- A: Select or nominate consultants based on competence. Consultants should provide evidence of professional indemnity insurance without limitations detrimental to the architect.
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Q: How does the practice note suggest handling staff members’ performance in terms of quality control?
- A: Appoint a qualified member for in-house quality control. Establish checking procedures, especially for less experienced staff, and have their work checked by a qualified individual.
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Q: What does the practice note recommend concerning contract documents?
- A: Architects should be familiar with the agreement terms, ensure a written contract for every project, understand rights and responsibilities in general conditions, and not modify standard form contracts without legal advice.
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Q: What is the advice regarding specifications in the practice note?
- A: Inform project personnel about proposed specifications during drawing preparation. Begin preparing specifications early, avoid over or under-specifying, use standard language, and beware of typographic errors.
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Q: What does the practice note recommend regarding the use of materials and equipment?
- A: Architects should not use newly developed materials or equipment without ensuring suitability. Ensure the producer understands the product’s application, and keep trade literature current.
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Q: What advice does the practice note give regarding construction phase services?
- A: Clarify to the owner that architects cannot guarantee the builder’s performance. Emphasize the client’s protection lies in the competence and integrity of the builder. Avoid language making architects responsible for site safety. Ensure all dealings are through the builder, not subcontractors.
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Q: According to the practice note, what should architects be familiar with regarding statutory requirements?
- A: Be familiar with all statutory requirements and restrictions applicable to the project, ensuring necessary resource consents have been obtained.
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2
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Flashcard Questions and Answers:
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Q: What is the purpose of Practice Note PN2.104 on Post-occupancy Evaluation (POE)?
- A: Purpose: To outline the benefits and practices of post-occupancy evaluation and provide a pro forma survey form for evaluating project processes and performance.
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Q: Why is post-occupancy evaluation important, according to the practice note?
- A: To improve project and product performance, identify effective processes, readjust unsuccessful ones, and assist in selecting team members for future projects.
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Q: What are the different levels at which post-occupancy evaluation can be conducted, as mentioned in the practice note?
- A: Evaluation levels include getting feedback from clients and building users, holding in-house and consultant post-mortems, and circulating survey forms at the project’s end.
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Q: How can post-occupancy evaluation be planned, and what are the two broad approaches mentioned in the practice note?
- A: Planning can be viewed as an inquiry into the match between people and buildings. Two broad approaches are empirical (customized systems by managers) and theoretical (more rigorous methods by researchers or specialists).
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Q: What do empirical post-occupancy evaluation methods typically focus on, and how are they measured?
- A: They focus on questions like building portfolio comparison and identifying the best design and construction professionals. The measure of success is usually “it works for us.”
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Q: How does the practice note describe theoretical post-occupancy evaluation methods, and what is their typical aim?
- A: Theoretical methods are more rigorous, systematic, and aimed at developing generalized knowledge about buildings. They stand up to tests of validity and reliability and are not specific to any one organization.
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Q: What does the pro forma survey attached to the practice note evaluate, and what are the five major driving forces mentioned?
- A: The survey evaluates the project party’s evaluation of the five major driving forces: People, Money, Scope, Quality, and Time.
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Q: What are some references provided for post-occupancy evaluation in the practice note?
- A: References include “Building Evaluation Techniques,” “User Participation in Building Design & Management,” and “Architect’s Professional Practice Manual.”
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3
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Flashcard Questions and Answers:
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Q: What is the purpose of Practice Note PN 2.105 on Design for Safety in Buildings?
- A: The purpose is to guide designers in understanding their responsibilities in designing for safety in buildings. It is also relevant to owners, project managers, regulators, etc.
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Q: According to the Practice Note, what does “designer” encompass, and who is the document primarily directed to?
- A: “Designer” includes those conceptualizing and documenting buildings and those determining construction programs. The document is primarily directed to designers of all building disciplines.
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Q: What is the scope of the Practice Note, and what legislation does it aim to demonstrate compliance with?
- A: The Practice Note aims to guide compliance with a designer’s responsibilities under the Health and Safety in Employment Act. It doesn’t cover all health and safety responsibilities and recommends referencing the legislation directly.
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Q: According to the Practice Note, what are the two categories into which the work of “designers” is divided?
- A: The work is divided into “Permanent Works Design” (PWD) and “Temporary Works Design” (TWD).
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Q: In Permanent Works Design (PWD), what are the obligations of those carrying out the design?
- A: Those involved in PWD must take steps to ensure the safety of end users, addressing aspects like load-bearing capacity, safe access, maintenance, and protection from hazards.
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Q: For Temporary Works Design (TWD), who is responsible, and what health and safety risks must be considered during construction?
- A: The constructor is responsible for TWD, and health and safety risks include working at height, in confined spaces, dealing with hazardous materials, temporary stability, and more.
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Q: How are the roles of Permanent Works Designers and Temporary Works Designers defined in the Practice Note?
- A: PWD involves preparing plans and specifications for completed structures, while TWD includes programs, methodology statements, and designs for the method and sequence of construction.
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Q: What are some examples of design considerations for safety in the disciplines of Architecture, Structure, Mechanical Services, Acoustics, and Fire Engineering?
- A: Examples include specifying safety glass in glazing, designing safe access for construction, ensuring fire protection during construction, and considering noise protection and shielding in acoustics.
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4
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Flashcard Questions and Answers:
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Q: What is the purpose of Practice Note PN 3.102 on setting up a project-specific agreement with another Architect?
- A: The purpose is to provide preliminary guidance for situations where one architectural practice needs to collaborate with another to offer a complete range of services for a project.
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Q: What are the key considerations mentioned in the Practice Note when considering collaboration with another architect?
- A: Considerations include the security of the project, the client, the fixedness of the brief, the program, and other risks. It also emphasizes evaluating the relationship with the other architect, considering their reputation, and ensuring compatibility in “practice cultures.”
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Q: In terms of scope of services, what does the Practice Note recommend addressing, even if the scope is not yet clear?
- A: The Practice Note recommends addressing who will lead the project, perform key roles, and suggests a draft scope split based on the NZIA Agreement scope, comparing it with the other architect’s assessment.
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Q: How does the Practice Note advise handling the fee split between collaborating architects?
- A: The fee split should be based on the respective scope undertaken by each firm over the project program. It suggests that time recording systems and charge-out rates should be compatible, and an imbalance may lead to dissatisfaction.
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Q: When should a formal agreement be made between collaborating architects, and what are some considerations for that agreement?
- A: When decisions about project details have been made, a formal agreement is recommended. Considerations include attribution for project publicity, awards, high-level partnering principles, and ensuring that the agreement is appropriate to the type, size, and time-span of the project.
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Q: What does the Practice Note suggest regarding professional indemnity, and why is it important?
- A: The Practice Note recommends ensuring that both collaborating architects have adequate professional indemnity (PI) cover and seeing evidence of each other’s current policy. It emphasizes informing PI insurers about the project and the agreement made to avoid potential issues with claims.
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Q: Are there additional references or related Practice Notes mentioned in the document?
- A: Yes, the Practice Note refers to “Joint Ventures” PN 3.105 as additional information that may be relevant to collaboration between architects.
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5
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Flashcard Questions and Answers:
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Q: What is the purpose of Practice Note PN 3.104 on novation contracts in design and building procurement?
- A: The purpose is to make architects aware of novation contracts, explaining their nature and highlighting important considerations when clients want to use this method of building procurement.
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Q: In the context of the Agreement for Architects Services, what does “Novation” mean?
- A: Novation means replacing one party to the agreement (the Client) with another party (the Builder), where the architect’s role shifts from working with the client to working with the contractor.
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Q: Why do building owners, especially developer clients and large projects, turn to Novation?
- A: Novation aims to achieve single-point responsibility for the design, development of documentation, and construction phases. It establishes a direct relationship between the party supplying funds (bank/financier) and the party delivering the building (Builder).
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Q: How does a Novation Contract function in terms of design and build?
- A: It is a form of “developed design and build” agreement where consultants initially carry out design and documentation to define quality and price. The Builder, after being selected, takes overall responsibility for project delivery, including design and design management.
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Q: What are some benefits of Novation highlighted in the Practice Note?
- A: Benefits include reduced risk of time and cost overruns, improved security of payment for the architect, enhanced time, cost, and quality performance through a collaborative “team” approach, and the ability for the builder to determine market pricing more closely.
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Q: What are some potential risks or challenges associated with Novation contracts?
- A: Risks include the builder lacking experienced staff for effective design management, taking cost risk without detailed pricing, potential significant redesign issues, and the need for early engagement between the builder and architect on material selection and construction methodology.
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Q: What are the key components of the Novation process, as outlined in the Practice Note?
- A: The process involves documentation such as the Consultant Agreement, Deed of Novation, Building Contract, and Deed(s) of Covenant. Each document serves a specific purpose in defining the roles, responsibilities, and relationships between the parties involved.
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Q: What general comments are provided in the Practice Note regarding Novation contracts?
- A: Comments include the importance of clear lines of authority and accountability, the need for legal advice due to the complexity of Novation contracts, and considerations for the Consultant Agreement, Deed of Novation, Building Contract, and Deed(s) of Covenant.
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6
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Flashcard Questions and Answers:
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Q: What is a Joint Venture?
- A: A formal business agreement between two or more firms for specific projects, combining expertise and resources.
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Q: Why are Joint Ventures formed?
- A: To meet strategic or technical demands of projects, such as large scale or specialized expertise.
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Q: How is a Joint Venture formed, and key agreement issues?
- A: Requires a written agreement; key issues include defining parties, scope, management, dispute resolution, fees, liability, and insurance.
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Q: Advantages of forming a Joint Venture?
- A: Exposure to diverse projects, skills, and technology; reassures clients; allows working outside geographical areas.
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Q: Disadvantages of Joint Ventures?
- A: Requires time, effort, and a well-drafted agreement; may need separate liability policies; challenges in insurance claims and award entitlement.
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Q: General advice on Joint Ventures?
- A: Approach carefully, emphasizing goodwill and communication; plan and consider pros and cons before entering into a joint venture.
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7
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Flashcard Questions and Answers:
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Q: What are Limited Services in architectural contracts?
- A: Agreements providing less than the full scope of architectural services, excluding key components like Contract Procurement and Administration.
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Q: What risks are associated with Limited Service contracts?
- A: Increased exposure to litigation and client risk due to potential changes in construction without the architect’s knowledge and uncertainty in compliance.
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Q: What precautions are recommended for Limited Service contracts?
- A: Clearly define and agree on scopes of work in writing; avoid additional services outside the agreed scope; refuse involvement without continuous service during construction.
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Q: What responsibilities should architects uphold in Limited Service contracts?
- A: Educate clients on increased workload and risks; clarify client responsibilities in administration and compliance; agree on fees for adequate documentation; protect against disputes.
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Q: What actions should architects take when providing Limited Services?
- A: Clearly itemize inclusions and exclusions; highlight limitations to clients; ensure fees cover potential work; stamp drawings with “Limited Services”; offer written qualifications to services provided.
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Q: What pro-forma clauses can be included in Limited Service contracts?
- A: Conditions addressing reduced liability for limited services; clarification of architectural responsibilities; client’s duty to advise subsequent purchasers; limitations on site involvement.
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Q: How should architects handle inspection and certification in Limited Service contracts?
- A: Refrain from certifying work for which they haven’t provided prior services; offer qualifications such as no structural or weather-tightness survey, visual inspection only, and no certification.
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Q: What is the conclusion regarding Limited Services?
- A: Limited Services expose architects to increased potential risks, and agreements should be entered into cautiously, considering the client’s understanding of associated risks and benefits.
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8
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Flashcard Questions and Answers:
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Q: What is the purpose of Practice Note PN 3.108U?
- A: To help practitioners understand the services offered by Client’s Project Managers and provide opportunities for architects.
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Q: What are some Client Management Responsibilities outlined in the practice note?
- A: Describing project vision, creating a project business case, identifying key project targets and drivers, and establishing pre-design expertises.
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Q: What areas of expertise are covered by Client’s Project Management Services?
- A: Project business case integration, client liaison, project strategy, brief development, scope of works, execution plan, reporting, time schedule, quality, risk management, value management, budget control, procurement strategy, and more.
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Q: What are some Design Management Services provided by Project Managers?
- A: Design consultant procurement, reporting, reviews, approvals, program establishment, change management, budget monitoring, communication management, risk management, value management, consent process, documentation quality, and closeout.
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Q: What services fall under Architectural Project Management?
- A: Pre-design, concept, preliminary design, developed design, detailed design, procurement, observation and administration of contract works, and additional services.
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Q: What are some additional services mentioned in the practice note?
- A: Management of multiple contracts, project programming, heritage assessments, environmental impact studies, interior design, energy sustainability studies, and more.
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Q: What responsibilities does the Architect have regarding Sub-consultants and Separate Consultants?
- A: Engage, coordinate, integrate services of, and pay agreed Sub-consultants; coordinate with Separate Consultants engaged by the Client.
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Q: What is emphasized regarding architects offering professional services?
- A: Architects should offer services within their competence, and coordinated offers may be made based on project experience. Thoroughly tabulate exclusions if necessary.
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9
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Flashcard Questions and Answers:
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Q: What is the purpose of Practice Note PN 3.111?
- A: To provide guidelines for architects reviewing the suitability of potential clients.
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Q: Why is client selection emphasized in the practice note?
- A: A good client/architect relationship is crucial for a smooth and successful project.
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Q: What aspects should be considered when establishing an open line of communication with a client?
- A: Previous dealings, client’s building experience, mutual comfort, respect, confidence, alignment with aims, expectations, and budget.
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Q: What information should be explained to the client regarding architectural services and fees?
- A: Nature and extent of services, fees to be charged, understanding of client’s objectives, confidence in meeting requirements within budget, and clarity on services and responsibilities.
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Q: What should architects determine about the client’s capacity to finance the project?
- A: Whether the project is speculative, the client’s credit record, payment for secondary consultants, and if the client is building ‘on the cheap’ intending to sell quickly.
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Q: Why is it important for architects to ensure they have the training, experience, and capacity for a commission?
- A: To confirm they can meet the project’s requirements, special code requirements, and the project timeline.
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Q: What is emphasized regarding written agreements in the practice note?
- A: The importance of obtaining a written agreement, preferably using the NZIA Agreement for Architectural Services, covering scope of work, responsibilities, fees, termination, and professional indemnity insurance.
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Q: What issues should be discussed when reviewing the NZIA Agreement for Architectural Services with the client?
- A: Identification of parties, allocation of responsibilities, description of services, remuneration, variation of services, dispute resolution, termination, novation, and coverage of exclusions and inclusions.
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Q: Why is it mentioned to consider professional indemnity insurance in the conclusion?
- A: There is a ‘proximity or related entity’ exclusion in most policies, and architects should check if insurance covers working for relatives or related parties.
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10
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Flashcard Questions and Answers:
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Q: What is the purpose of Practice Note PN 3.112?
- A: To discuss situations in which it may be necessary to resign an architectural commission and provide a sequence of events for terminating an engagement.
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Q: Why should resigning a commission be considered a last resort?
- A: Good business practice includes retaining an existing client base, and resigning should only be used when the situation becomes untenable.
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Q: What are some possible areas of disagreement between architects and clients mentioned in the practice note?
- A: Differing expectations regarding the extent of service, remuneration, liability, and rights or obligations in relation to a building project.
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Q: In what situations might an architect consider resigning a commission?
- A: Areas of non-performance by the client, persistent conflict with the architect’s statutory or professional obligations, and clashes such as design conflict, personality conflict, or ill health.
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Q: Is non-payment of fees grounds for termination, according to the practice note?
- A: Non-payment of fees that have not been agreed upon is not grounds for termination. The architect should follow the resolution process outlined in the NZIA Agreement for Architect Services.
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Q: What is the recommended process before resigning a commission due to unpaid fees?
- A: Talk to the client about the problem, stop work if fees are unpaid, and follow the termination clauses in the conditions of engagement, ensuring compliance with statutory preconditions.
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Q: What is the suggested sequence of events when resigning a commission?
- A: Ensure no breach of agreement or statutory preconditions, act in accordance with termination clauses, complete any urgent work, provide a detailed claim for fees, put the resignation in writing, seek legal advice if payment is refused, inform professional indemnity insurers, consider intellectual property rights, and be cautious about residual liability.
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11
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Flashcard Questions and Answers:
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Q: What is the purpose of Practice Note PN 3.113?
- A: To discuss the implications and risks associated with fast-track projects in architectural procurement.
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Q: What is fast tracking in the context of architectural projects?
- A: Fast tracking is a building delivery method where design and construction activities overlap to shorten the overall time between deciding to proceed with a project and its completion.
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Q: How does fast tracking differ from the traditional design-build process?
- A: In fast tracking, design and construction activities overlap, while the traditional process involves a linear sequence of tasks: brief, schematic design, design development, contract documentation, and construction.
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Q: What are the implications for the client in a fast-track project?
- A: The client may achieve savings in financing costs and holding charges, have earlier cash flow, building sale, or occupation. However, the actual construction cost may be higher, and the client needs to accept flexibility in the project brief.
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Q: What role does the project manager play in a fast-track project?
- A: The project manager is critical to the success of a fast-tracked project. They must establish how the building is to be built, define trade packaging, set a realistic program, and monitor progress in coordination with the contractor.
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Q: What challenges do architects face in fast-track projects?
- A: Architects and the design team must design and document simultaneously, facing coordination issues and disjointed documentation. The tendency to use tried and tested design methods may sacrifice innovative solutions, and there is a risk of conflicts and errors due to fragmented design.
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Q: What are the risks for architects in fast-track projects?
- A: Risks include insufficient coordination, potential variations due to later design information, tendency to sacrifice innovative design, inefficiencies in design, and conflicts becoming apparent during construction. Fast tracking may also limit design choices.
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Q: How should architects handle fees in fast-track projects?
- A: Architects should charge fees accordingly to cover the risks involved in fast-track projects, considering higher construction costs, more consultant services, and additional coordination efforts.
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Q: What is the conclusion regarding fast tracking in architectural projects?
- A: While clients may be attracted to the promised financial benefits of fast tracking, they need to understand and accept the incidental costs necessary to achieve early completion. Architects must advise clients of the risks associated with fast-track projects.
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12
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Flashcard Questions and Answers:
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Q: What is the purpose of Practice Note PN 3.116?
- A: To discuss common issues related to carrying out architectural services for office tenancy work.
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Q: What are the two most common building types involving tenancy work, according to the note?
- A: Office buildings and shopping centers.
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Q: How does the note define terms such as ‘Owner,’ ‘Tenant,’ and ‘Client’ for clarity?
- A: ‘Owner’ refers to the owner of the building; ‘Tenant’ describes the intended occupier of the tenancy; ‘Client’ describes the party engaging the architect, which can be a ‘managing agent,’ ‘leasing agent,’ ‘tenant,’ or building ‘owner.’
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Q: What are some influencing factors in the execution of office tenancy work?
- A: Building occupancy, control by managing agents, ease of access for tenancy contractors, relationships between architects and consultants, and the stage at which tenancy works are carried out.
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Q: Why might separate building consents be necessary for tenancy service works?
- A: Building consents obtained for the main building contract may not necessarily apply to tenancies, and separate consents may be needed for tenants’ service works.
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Q: What are the considerations when commissioning tenancy works before practical completion of the main building contract?
- A: It can be arranged as a variation to the building contract or a separate contract with the main contractor. The main contractor’s obligations from the building contract should be considered.
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Q: What are the four methods that may be adopted if tenancy work is carried out after the practical completion certificate is issued?
- A: Arrangements made by the tenant, by the owner’s architect, by the tenant’s architect, or arrangements shared by both architects.
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Q: How can relationships between the owner’s architect and tenant’s architect be structured?
- A: It can involve design work only, design and contract documentation, full architectural services, or the owner’s architect retained as a consultant.
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Q: What are some additional considerations in office tenancy work, as mentioned in the note?
- A: Limitations on fixing methods, loadings, insurance provisions, warranties for special equipment, and procedures for non-statutory approvals.
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Q: What is the note’s conclusion regarding office tenancy work?
- A: Clear communication and documentation of rights, responsibilities, and agreements are essential to avoid confusion and potential detrimental effects on the project and architects involved.
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13
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Flashcard Questions and Answers:
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Q: What is the purpose of Practice Note PN 3.117?
- A: To address issues related to meeting client expectations and avoiding common causes of complaints against architects.
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Q: What are some common causes of complaints against architects, as mentioned in the note?
- A: Poor communication, not meeting expectations, poor technical performance, and disputes related to fees and service.
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Q: How does poor communication contribute to complaints against architects?
- A: Absence of a written client and architect agreement, failure to inform the client about provided services, failure to keep the client informed, and failure to respond to client instructions.
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Q: What are some essential elements for effective communication with a client, as mentioned in the note?
- A: Having a written client and architect agreement, discussing roles and responsibilities, keeping the client informed, being accessible, acting upon client instructions, and documenting meetings and discussions.
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Q: How does the note suggest meeting client expectations?
- A: By establishing realistic design expectations, explaining the project clearly, managing time, quality, and cost effectively, making realistic allowances, defining roles, and providing continuous cost reporting.
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Q: What considerations are highlighted for appropriate technical performance?
- A: Ensuring adequate and clear documentation for tendering and construction, regular inspection of works in progress, and correction of faulty work by the contractor.
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Q: What are some rules suggested for avoiding disputes related to fees and services?
- A: Always having a client and architect agreement, invoicing clients progressively, charging adequate fees, understanding contractual procedures, and retaining project records for a specified period.
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Q: What is emphasized as the basis for a successful relationship between a client and an architect?
- A: Clear communication and high levels of confidence in each other.
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Q: What is the recommended duration for retaining relevant project records following completion?
- A: Not less than 7 years, preferably 10.
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Q: What organization is the NZIA indebted to for their collaboration on this practice note?
- A: The RAIA (Royal Australian Institute of Architects).
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14
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Flashcard Questions and Answers:
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Q: What is the purpose of Practice Note PN 3.118?
- A: To alert members to potential liabilities of undertaking Weathertightness Remediation Work and provide an addendum to NZIA AAS to clarify professional responsibilities.
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Q: What statutory immunity do assessors under WHRS Act enjoy, and how does it affect architects and contractors?
- A: Assessors enjoy statutory immunity from liability for their work; however, architects and contractors carrying out remediation work defined in the assessor’s report do not have such immunity.
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Q: What liability does the architect have if contracted for the design and observation of weathertightness remediation?
- A: The architect will be liable under contract and in tort for negligence, particularly for the design and observation of the remediation process.
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Q: What clauses should be included as an addendum to NZIA AAS 2011 in B2 Special Conditions for situations where another party provides the assessment and scope of remediation work?
- A:
- (a) The client acknowledges that the architect’s agreed services do not include investigating or advising on the cause and extent of the building’s weathertightness failure.
- (b) If additional design or other services are required due to changes in the scope of remedial works, the architect may undertake these services at the client’s request with additional fees.
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Q: What is advised if previously undiscovered substantial work is required during the remediation process?
- A: Require the client to contact the WHRS for a new assessment report, particularly if the expanded scope of work will require a new Building Consent Application.
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Q: What level of professional responsibility does the architect undertake when commissioned to provide assessments and scope of remediation work without WHRS involvement?
- A: The normal level of professional responsibility, and the architect cannot limit its liability under the Consumer Guarantees Act.
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Q: What caution is given regarding professional indemnity insurance (PI Insurance) for weathertightness work?
- A: Different insurers may offer varying conditions and levels of indemnity, so architects may not have the full $250,000 PI Insurance cover stated in NZIA AAS. It’s important to modify AAS accordingly and define the limit to the client.
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Q: Why is a greater level of inspection during observation recommended for weathertightness remedial work?
- A: Remedial work may require more detailed inspection, and architects should be aware of this and contract accordingly, not limiting observation services.
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15
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Flashcard Questions and Answers:
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Q: What is the purpose of Practice Note PN 3.119?
- A: To provide guidance to members acting as Expert Witnesses, covering qualifications, responsibilities, and the process.
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Q: What role does an expert witness play in arbitration?
- A: An expert witness is called upon to give expert evidence, helping the arbitrator understand complex technical matters.
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Q: What qualifications are necessary for an expert witness, and what must they demonstrate to be considered an expert?
- A: The expert must be qualified and demonstrate expertise in the relevant field. Evidence of opinion outside the expert’s field of knowledge should be excluded.
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Q: What is the expert witness’s role in assisting the party and the arbitrator?
- A: The expert should assist the party in understanding the problem, point out facts, and be frank about the case’s strengths and weaknesses. The expert’s role is to help the arbitrator, and they do not have an advocacy role.
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Q: What factors determine your suitability as an expert witness before accepting a brief?
- A: Factors include whether the matter is within your professional knowledge, absence of personal conflicts, potential to help the client, ability to provide timely work, and agreement on fees.
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Q: What does the expert witness’s brief typically include?
- A: The brief includes the expert’s name, qualifications, relevant experience, summary of evidence, assumptions, means of knowledge, understanding of technical and legal terms, facts, opinions, technical schedules, appendices, conclusions, and reasons.
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Q: What are the considerations during the expert’s preparation, especially concerning language, fees, and sources?
- A: The expert ensures clarity in language, absence of spelling mistakes, a full Curriculum Vitae, knowledge of fee details, professionalism, availability of necessary sources, and avoidance of bias.
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Q: What obligations does an expert witness have during the hearing, especially concerning truthfulness?
- A: The expert is under an obligation to state the truth of facts and opinions. They must know the limits of the accuracy of observations, remain within their expertise, and avoid bias.
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Q: How does cross-examination of expert witnesses typically proceed, and what factors should be considered?
- A: Cross-examination challenges credibility, adds information, and highlights opinions weakening the opposing party’s case. Experts should be well-prepared, and their briefs should be exchanged before the hearing.
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Q: What is the liability of an expert witness, and what factors determine their standard of skill?
- A: The expert must meet the standard of skill expected of an ordinary competent expert, considering their experience and expertise. Professional indemnity insurance should cover expert witness roles.
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