Professionalism Flashcards
What are the rules governing a landscape architects’ work and copyright?
As per LCA
Protected under Copyright, Designs and Patents Act 1988. This restricts:
- Copying the whole or a substantial part of the work
- Issuing copies of the work to the public
Duration – until death of artist/author plus 70 years after
The client is entitled to the drawings prepared for his project on payment of the architect’s fees. If all copyright is assigned to the client he may make such use of it as he wishes (needs to be agreed in writing – assumed all copyright remains with artist/author not client).
‘The Client shall have a license to copy and use documents and drawings prepared by the Landscape Consultant in performing the Services under this Agreement. This entitlement applies to the construction, operation, maintenance, management, repair, promotion or sale of the Project provided that all the fees due to the Landscape Consultant have been paid.’
What is the function of the European Landscape Convention?
- Part of the council of Europe’s work on natural and cultural heritage, spatial planning and the environment
- To promote the protection, management and planning of European landscapes and to organise European co-operation on landscape issues
- Progressive
- Trans-frontier cooperation
- Local expertise
- Everyday landscapes
- Importance of landscapes and their value on society – eg Durham Heritage Coast
How would you set about formalising the relationship between client and landscape architect?
A written agreement is essential and must define and set out the services to be provided, the obligations of each party including terms and conditions, and set out the fee basis and method of payment.
Formalising the appointment in this way creates a clearly identifiable legal basis for the commission and establishes a sound business approach to the relationship between the architect and the employer.
Oral agreements- valid but do not comply with LI’s requirements under CoC.
What liabilities are involved with an LLP? How does this differ from a partnership? What other kinds of liabilities does a LA have to consider?
LLP allows a collective limited liability alongside the mutual, cooperative characteristics of a partnership. / Partnership is more informal regarding structure, management and set up and full burden of debts and liabilities falls on members.
LLP is owned by the partners/members. / Partnership is also owned by the partners/members.
Under Limited Liability Act 2000 and it is set up based on registration at Companies House. / Partnership is under Partnership Act 1890 and it is set up based on Partnership Agreement (contract).
Every member is an agent of the LLP; a member is not liable in tort for any obligations incurred by the LLP (member is individually liable in tort for their own negligence); can only sue an LLP in contract. / In Partnership every member is individually liable; partnership can be sued jointed or individually; liable as a member of a partnership in both Contract & Tort. In contract jointly liable – will have to contribute if other partner/member owes money (even may come from private money or property)
And what types of insurances do you need to take into account?
Professional Indemnity Insurance (PII) – cover against allegations of a breach of duty of care (negligence); compensates the claimant and protects the professional; works for 12-15 years after completion of the last project
Public liability (third party) Insurance
The Occupier’s Liability Act 1957 and common law cover duties owed by occupiers to visitors on their premises so property insurance (to protect your own property)
Motor Insurance
Building and office contents insurance – such cover may also be required by the tendering procedures of public business.; equipment (against theft and damage)
What would you consider if you wanted to start your own practice?
- What kind of practice you intent to set up (sole trader/partnership/company) so LEGAL form and STRUCTURE
- The budget and shareholders if any
- Premises
- Insurance
How should a landscape architect protect him/herself with regard to copyright?
- Check the conditions of appointment – client has a license to copy and use documents in performing the services – unless otherwise specified and once he/she has paid for LA’s services
- Adding a copyright symbol can remove any confusion
- Automatic protection – copyright: drawings, model – intellectual property
- Automatic protection – design right: shapes of objects
- Apply for: trademarks and patents
What moral obligations do landscape architects have in their professional lives?
Code of Conduct
To protect, conserve and enhance the natural and built environment for the benefit of the public by promoting landscape architecture.
How would you react if a client asked you to undertake a project, which was environmentally sensitive?
Standard 1.
As well as – you have responsibilities to the character and quality of the environment. You should seek to manage change in the landscape for the benefit of both this and future generations, and should seek to enhance the diversity of the natural environment, to enrich the human environment and to improve them both in a sustainable manner.
What are the different ways that a landscape architect can practice?
A landscape architect can work at
- Landscape consultant’s- local or global
- Consultant architects office
- Consultants engineers office
- Main contractors, landscape contractors
- Property developers
- Public body, departments, council
What is the difference between a director of a company and partner of a practice?
Director – only in Limited Liability Partnership or Company; not liable for company’s debts or torts (only their own); manages the company or partnership but does not own it; can be liable if also a shareholder; receives a salary.
Partner – owns part of it; liability limited to the value invested in the partnership (in limited partnership); full burden of debts and liabilities on members, partners (in Unlimited); administrative and managerial responsibilities; receives profit share or equal share; in contract jointly liable – will have to contribute if other partner/member owes money (in unlimited partnership)
What is the difference between a co-operative and a consortium?
Consortium - a temporary alliance of two or more business firms in a common venture
Co-operative - a farm, business, or other organization, which is owned and run jointly by its members, who share the profits or benefits.
How would a landscape architect charge for their service?
Method of payment is agreed at the start of the contract:
Percentage fee
Time charge fee
Lump sum
What are the disadvantages of a time based charge?
From client’s point of view – open-ended method with uncertainty regarding his total financial commitment until the job is complete;
For LA – may seem LA has no incentive to work efficiently
Therefore, it is advisable to keep the client informed on the progress of time-charged work and to agree a figure, which is not to be exceeded.
What do you think about competitive tendering of professional services?
Sometimes cost over quality, doesn’t guarantee the best approach unless well assessed.
How do you work out fees on a time basis? How do you produce competitive prices?
Calculated in advance for individuals within the office or bands of staff; charge out rate depends on each individual’s wage plus overheads.
Often it is calculated at 2.5-3.0 x salary and should include a method of revisions to reflect subsequent changes in salaries and costs.
Secretarial and administrative work is not usually charged unless project specific work is necessary.
What responsibilities does the landscape architect have to his client?
- Duty of care (Duty to make reasonable effort to produce the desired result. Duty of care in contract can be implied rather than expressly stated.)
- Responsibility to comply with CoC
- Landscape Consultant’s Authority (LI)
- The Landscape Consultant’s Representative (TLA)
- Duty to inform and collaborate (advise on changes to programme/information or decision required from the client/advise on appointment and liaising with other consultants)
- Duty to comply with statutory requirements (planning legislation, Health and Safety)
- Confidentiality and publicity
What is the hierarchy of responsibility in a private practice and local authority?
PRIVATE - Directors/Partners - Managers - Professional staff of varying grades from senior to junior - Technicians - Administration PUBLIC - Senior Landscape Architects - Landscape architects - Technicians
You find a commission covers work for which you are not qualified, how do you advise your client?
Advise the client so, as per Standard 6 of CoC: Landscape Professionals should only undertake professional work for which they are able to provide proper professional and technical competence and resources.
You wont be able to undertake work that does not fall within your expertise.
Who is your duty to as a professional?
Society The Environment The client The Landscape Profession My own organisation and colleagues Contracting and other professional organisations
How would you charge for a community consultation?
If costs associated with your involvement – then as expenses or included in the fee proposal.
If costs of the actual consultation – then disbursement (though it should be resisted by the LA to cover these as LA are not in the business of lending money and a lot of additional administration and risk is involved.)
The removal of a well-loved public park could be the result of your clients brief for an extension to a residential development. What responsibility do you have as a landscape architects to the environment?
Standard 1.
As well as – you have responsibilities to the character and quality of the environment. You should seek to manage change in the landscape for the benefit of both this and future generations, and should seek to enhance the diversity of the natural environment, to enrich the human environment and to improve them both in a sustainable manner.
List the Code of Conduct.
- LAs are expected to have regard to the interest of those who may be reasonably expected to use or enjoy the products of their work.
- The LI expects members to uphold the reputation and dignity of their profession and their professional organisation
- LI expects members to actively and positively promote the standards set out in this Code of Conduct.
- The Landscape Institute also expects members to actively and positively promote and further the aims and objectives of The Landscape Institute, as set down in its Charter, and to contribute to the work and activities of the Institute.
- The Landscape Institute expects members to act at all times with integrity and avoid any action or situations, which are inconsistent with their professional obligations.
- Landscape Professionals should only undertake professional work for which they are able to provide proper professional and technical competence and resources
- The Landscape Institute expects members to maintain their professional competence in areas relevant to their professional work and to provide educational and training support to less experienced members or students of the profession over whom they have a professional or employment responsibility
- The Landscape Institute expects members to organise and manage their professional work responsibly and with integrity and with regard to the interests of their clients.
- The LI expects members to carry out their professional work with care, conscientiously and with proper regard to relevant technical and professional standards
- Members of the LI should only promote their professional services in truthful and responsible manner and such promotion shall not be an attempt to subvert professional work from another member
- The LI required member to ensure that their personal and professional finances are managed prudently and to preserve the security of monies entrusted to their care in the course of practice or business
- The LI expects members to have adequate and appropriate Professional Indemnity Insurance
- The LI expects that any complaints concerning the professional work of individual members or their practice should be dealt with promptly and appropriately
Why have a Code of Conduct?
- To protect interests of the clients of the profession
- To maintain the status of the profession in the eyes of society
- To protect the public and the profession
How is the arrangement between client and Landscape Architect confirmed/formalised?
A written agreement is essential and must define and set out the services to be provided, the obligations of each party including terms and conditions, and set out the fee basis and method of payment.
Formalising the appointment in this way creates a clearly identifiable legal basis for the commission and establishes a sound business approach to the relationship between the architect and the employer.
Oral agreements- valid but do not comply with LI’s requirements under CoC.
What are the disadvantages of a percentage based fee to the landscape consultant and to the client?
Vulnerable to market forces and their influence on contactors’ tendering; if tender figure is lower than estimate the consultant loses out.
No flexibility and if the LA budgets incorrectly then he loses money.
What is a professional?
A professional person is one who offers competence and integrity of service based upon a skilled intellectual technique and an agreed code of conduct. Demonstrates: - Qualification - Skills - Ethics
What are the objectives of the Landscape Institute?
To protect, conserve and enhance the natural and built environment for the benefit of the public.
How can you make sure you are paid as a consultant?
Encourage regular payment (preferably monthly) by suggesting that the client pays according to a plan of programmed instalments. The LI recommends using LCA’s Schedule of Fees and Expenses, which are associated with scope of services.
What is novation?
Novation agreements are used to transfer the rights and obligations of one party under a contract to another party, whilst the other contracting party remains the same (Design & Build for example).
What is a Collateral Warranty?
- Legal agreement which stands alongside main agreement between client and landscape architect
- Forms a legal responsibility to the client and funder / tenant / purchaser (third party)
- It must be no more or no less onerous for the designer than that which exists between designer and client
How would you deal with non-payment of fees?
The simplest approach is to be clear as to your terms and agree them in writing. Standard 8 of CoC – ‘terms and contract to be in writing’. If contract is breached (unpaid fees) then LA can seek remedy through the courts or mediation:
- Arbitration
- Adjudication
- Mediation
- Litigation
What are the main methods of confirming an appointment?
- LI LCA Memorandum of Agreement (Standard)
- CIC Cons/Con (Standard) for experienced parties working on major projects
- JCLI Consultancy Agreement for a Home Owner / Occupier (Standard); not to be used if consultant does not deal directly with contractor
- Clients Standard Appointment Document (Non-Standard)
- Exchange of Letters (Non-Standard)
- Under Seal (Deed) (Non-Standard)
How is the Landscape Consultants appointment set out?
- Conditions of Appointment – obligations of each party, allocation and limitation of responsibilities, method of fee calculation, payment provisions, termination (7 days notice), dispute resolution
- Memorandum of Agreement – names and addresses of the parties, the agreement, signatures and witnesses
- Scopes of Services – aligns with RIBA Plan of Works – see notes – fully editable to suit
- Schedules of Fees and Expenses associated with the Scopes of Services - method of calculating and charging fees and expenses, setting out the stages of payment (monthly or stage), alternative methods of charging expenses and disbursements
What factors should be considered before accepting an appointment?
- The client
- Conflicts
- Competence
- Resources and Finance Commitments
- Legal and Insurance Considerations
How would you charge for expenses when preparing a fee quotation?
Expenses are included in the schedule of fees and expenses (LCA) but are separate from fees. LA has to clearly state in their fee bid the chosen method of calculating and charging fees and expenses, and the way of payment (monthly or stage), as well as alternative methods of charging expenses and disbursements; a time-charge schedule is included for different grades of staff; in LCA this is reinforced by the conditions of Appointment, Clause 4 – Fees and Expenses, to which both parties agree
How is landscape architect obliged to conduct his business?
Standard 8: The LI expects members to organise and manage their professional work responsibly and with integrity and with regards to the interests of their clients.
You should not undertake professional work unless terms of the contract have been recorded in writing as to
- the scope of the work
- the allocation of responsibilities
- any limitation of responsibilities
- the fee or method of calculating it
- any provisions for termination
- any special provisions for dispute resolution
You should ensure that any changes to the fee arrangements are similarly recorded in writing.
You should ensure that you have appropriate and effective internal procedures, including monitoring and review procedures, and sufficient suitably qualified and supervised staff to enable you to function efficiently.
You should have arrangements in place for the conduct of your business in the event of your death, incapacity or other absence from work.
If you were approached to undertake a large engineering commission, what would you do?
Ask for more details and advise the client on the typical scope of works of Landscape Architect in relation to the specific project. Verify the requirements and if incompetent then do not undertake (Standard 6).
Advice to seek other consultants to built a design team. Understand client’s aspirations and requirements. Clearly set out your understanding of the requirements of the project, what you will be undertaking as part of the submission, methodology, and the terms and conditions of your appointment if successful, to avoid misunderstandings.
How would you ensure your office procedures are to a quality standard?
Review the office procedures manual yearly or monthly against Quality management systems ISO 9000, which provides a framework around which a quality management system can effectively be implemented.
Internal audits as well as third-party assessments using the criteria of BS EN ISO 9000 against the office quality manual, enable a firm to assess whether its business-plan objectives are being achieved.
What are the services that a LA offers to his client?
The services of design, construction and management (main topics) have been expanded to allow for flexibility in procurement type. This enables the landscape consultant to be responsible for either design through to contract administration, or design through to non-administrative post contract services on Design and Build projects. The scope aligns with RIBA Plan of Work 2013, which is based on a set of unified industry stages agreed through the Construction Industry Council (CIC).
S1: Landscape Design and Administrative/Post-Contract Services
S2: Masterplanning Services
S3: Landscape and Visual Impact Assessment Services
S4: Landscape Planning Services
S5: Landscape Management Plan Services
S6: Stakeholder Engagement Services
S7: Landscape Maintenance Design and Contract Administration services
S8: Other Services (for where the above Scopes are not applicable to the service being offered by the landscape consultant)
How do you calculate professional fees?
- Percentage fees – a percentage of the total construction cost – calculated by applying either THE SPECIFIED PERCENTAGE TO THE FINAL CONSTRUCTION COST or THE RELEVANT SPECIFIED PERCENTAGE FOR EACH WORK STAGE TO THE CONSTRUCTION COST AT THE END OF THE PREVIOUS STAGE
- Time charge (some KXC, extra work on Project Mural)– hourly rates are calculated in advance for individuals within the office or bands of staff (TLA); calculated 2.5 – 3.0xsalary and should include a method of revision to reflect subsequent changes in salaries and costs
- Lump sum (Project Mural)– fees calculated on the basis of a total sum of money for a clearly defined package of services and payable in agreed stages – lump-sum fees are applied at agreed payment intervals and at agreed proportions;
time charge are often converted to lump sums when the project becomes sufficiently defined;
percentage fees may similarly be converted to lump sums when a firm budget or contract sum is known.
