Q&A Flashcards

1
Q

Winning work:
How does your company get new commissions and win work?

A
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2
Q

What is a loss leader?

A
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3
Q
  1. Understand site analysis. What are some resources about the site that you
    would obtain?
A

Type of site: parkway sloping to NE
Direction sunlight
Adjacent context - SH1, police station, residential properties

Confirm all unitary plan requirements eg, zoning, land use, rules, site coverage, recession planes etc. Obtaining a LIM will provide relevant information such as special site characteristics such as erosion, flooding information, historical information, A PIM will provide more site specific information as well. Site visits – confirm climate data such as prevailing weather patterns and sunlight and shading impacts on the site and additional site features eg Streams, trees etc. Also confirm eq zone, corrosion zone, wind and climate zones etc. Obtain a certificate of Tile which will included easements and any caveats on site.

Confirm if any items of cultural significance – these are listed in the district plan.

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4
Q

What does the term ‘limited as to parcels’ mean?

A

Land parcel has limited information. Sites where area and dimensions of the title are not guaranteed. Found at the top of the title is site is limited. Generally older subdivisions where a proper survey was never undertaken.

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5
Q

What is shown on a surveyor’s plan?

A

Floor levels, critical RL’s such as existing roof levels, building edge, property boundaries including coordinates, existing services SW, WW, conduits, cess pits, contours, existing trees, existing landscape features eg, rock wall, retaining walls, any existing driveways, foot paths etc

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6
Q

What is a covenant?

A

Formal agreement between two or more parties. Similar to contract conditions but the burden they impose may remain enforceable to parties who were not party to the original agreement.

Restrictive convenants may be imposed by a seller of a piece of land, preventing the buyer from using it in a way that could cause harm to land the seller has retained. Eg,
- Prevent buildings or structures being erected on the land
- Prevent use of the land for business activity
- Present residential development on the land

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7
Q

What is an encumbrance?

A

An encumbrance is a claim against a property by a party that is not the owner. An encumbrance can impact the transferability of the property and restrict its free use until the encumbrance is lifted. The most common types of encumbrance apply to real estate; these include mortgages, easements, and property tax liens.

An encumbrance is a restriction or limitation on the Certificate of Title, which may or may not be able to be removed. Encumbrances include mortgages, changes, easements and covenants. Some encumbrances may benefit the property.

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8
Q

What is an easement?

A

SS Parnell had an easement, portion of the site the public could walk through / access from the train station up to the main road.

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9
Q

How do you deal with an archeological site? PN5.202 & PN7.104U (JC)

A

Definition of archaeological site:
Archaeological ‘authority to modify’, where work is proposed on a site associated with human activity before 1900s.
Owners role: need to obtain authority prior to excavation

PNs: resource management Act
- Local authorities to write district plans
- Provide protection of historic heritage from inappropriate subdivision, use and development,
- District plans have schedule of built heritage, comprising structures, objects, buildings and areas with rules to control modification including relocation and demolition
- Architect’s role to review heritage schedule with the local authority
Historic places Act
- Required to establish and maintain a register of historic places, areas, waahi tapu
- Architect’s role – check register of the HPT when working on an existing building

Building Act
- Legislation controlling built heritage
- Assessing application for building consent, local authority is required to take into account principles of section 4(2)(f) of the Act:
facilitate preservation of buildings of significant cultural, historical or heritage value.

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10
Q

Know what is contained in the A-N sections of the Auckland Unitary Plan
(Operative in Part)

A

Each chapter generally provides the objectives and policies and, in the case of the regional and district plans, the rules for a particular resource management matter or issue or a location or other information to support the use of the Plan.

The Plan maps (the planning maps) show overlays, zones, precincts and designations affecting land, water and airspace. They also show zone and Auckland-wide standards that have a spatial component to them such as the Height Variation Control or the Subdivision Variation Control. Additional maps for specific matters are also included within the text of the Plan.
A:Intro (Purpose of the plan and explanation of the chapters)

B: Regional Policy Statement (All regional policy statement objectives and policies are found in Chapter B)

C: General Rules (There are a number of general rules which apply throughout the Plan except in the
regional policy statement and where otherwise specified. These include rules applicable to the consent process and notification of applications, how applications involving multiple activities and different types of plan provisions will be assessed, and how infringements of standards for activities will be assessed.)

D: Overlays (Overlays manage the protection, maintenance or enhancement of particular values
associated with an area or resource. Overlays can apply across zones and precincts and overlay boundaries do not follow zone or precinct boundaries. Overlays also manage specific planning issues such as addressing reverse sensitivity effects between different land uses. Overlays generally apply more restrictive rules than the Auckland-wide, zone or precinct provisions that apply to a site, but in some cases they can be more enabling.)

E: Auckland Wide (Auckland-wide provisions apply to the use and development of natural and physical
resources across Auckland regardless of the zone in which they occur.)

F: Coastal (Descriptions of different Coastal-related zones eg Ferry Terminal Zone. The coastal marine area applies to the foreshore, seabed, water and air from mean high water springs to 12 nautical miles (territorial sea). It is defined in section 2 of the Resource
Management Act 1991.)

G: Rural Urban Boundary (RUB) (The Rural Urban Boundary identifies land potentially suitable for urban development.)

H: Zones (Overview of all the different zones that are on the planning maps. Zones manage the way in which areas of land and the coastal marine area are to be
used, developed or protected. The spatial application of zones generally identifies where similar uses and activities are anticipated. All land and all of the coastal
marine area within the Auckland region is zoned, except for roads.)

I: Precincts (Precincts enable local differences to be recognised by providing detailed place-based
provisions which can vary the outcomes sought by the zone or Auckland-wide provisions and can be more restrictive or more enabling. Precinct provisions are located in Chapter I and grouped according to their location as Auckland-wide, central, north, west and south. Precinct areas are identified on the planning maps.)

J: Definitions (All provisions in this section are regional policy statement, regional coastal plan, regional
plan and district plan provisions)

K: Designations (A designation is a provision in the Unitary Plan that gives effect to a notice of requirement
for a public work or project by a requiring authority. Requiring authorities include a
Minister of the Crown, local authority or approved network operator. A public work or project could include a school, police station, road, park, or a network utility.)

L: Schedules: (Tables identifying specific natural features, ecological areas, volcanic viewshafts etc.)

M: Appendices

N: Glossary of Maori Terms

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11
Q

What is on a LIM, PIM and CT (AL)

A

LIM: Summary of information that council holds on a property. Eg sewer drains, erosion issues
PIM: A report that council specifically prepares on request. Contains information on special features of the land and existing utility services. Also contains RC, heritage approvals and development contributions.
CT: Certificate of Title: Otherwise known as a memorandum of interests, contains a deposited plan, information on the land parcel, ownership, easements, covenants, mortgage information. Also known as record of title

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12
Q

What are the interests involved in a certificate of title? (AL)

A

New wording for “memorandum” as above.

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13
Q

What is a deposited plan DP?

A
  1. Surveyor submits an LT (land transfer) plan, which is an approved survey.
  2. Surveyor supplies info to council and requests certifications
  3. Surveyor instructs lawyer to request titles from LINZ
  4. LINZ approves. Plan is then formally deposited and becomes a DP.
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14
Q

Understand the terms; Freehold, crosslease, leasehold, fee simple, life estate, stratum, crown ownership

A

Freehold: also known as fee simple, is the most common ownership type in New Zealand.
Leasehold: someone else owns the land. You purchase an exclusive right to possession of the land and the buildings on it for a specific period of time according to the terms of the lease.
Cross-lease: you own a share of the freehold title in common with the other cross leaseholders and a leasehold interest in the particular area and building that you occupy.
Unit Title: is most common in a building development where there are multiple owners.
Life Estate: form of joint homeownership. Ownership is shared between a life tenant and a so-called “remainderman.” As the name suggests, the remainderman has an ownership interest but cannot take possession until the life tenant’s death.
Stratum: form of ownership and housing tenure devised for multi-level apartment blocks and horizontal subdivisions with shared areas. The word “strata” refers to apartments being on different levels
Crown ownership:

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15
Q

What information and assistance might you need for a site?

A

Certificate of Title, Drainage Plans, Regional, District & Unitary Plan Overlays, Cadastral survey plan showing legal boundaries, area and dimensions – i.e. Deposited plan, survey office plans, maori land plans), height to boundary info sheet (HIRTB – Height in relation to boundary surveys), LIM, PIM, Site photos, soil condition/ topographical condition, utilities, and services, Schedule of notable trees, And for refurbishment project, existing services or structures, asbuilt records, contamination report, HPT Register (register of historic places)

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16
Q

What do the geotechnical engineer look at on site? What will the Geotech report show?

A

A geotechnical engineer will access the soil, rock and groundwater conditions to ensure stability and safety of the proposed structure.

Geotech Report will show:
1. Site investigation findings and i.e. subsurface soil profiles, ground water conditions, rock
2. Engineering analysis i.e. soil bearing capacity, soil instability or seismic activity
3. Specific engineering recommendations for design – i.e. foundation design modifications to ensure the stability of the structure
4. Interpretation and analysis of Soil testing data (project specific data). I.e soil classification, strength and compaction characteristics.
5. Suggested solutions for anticipated problems.

Examples
Tanking - AirNZ 3m water table and the lift pit was 1.6m.
Brightside - Basalt ground - foundations/vibration/sounds - assessment of environmental effects
Western Springs - ECBF
Subsurface soil profiles
Seismic activity, foundations engineering stability of structure
soil testing data
strength, compaction
Suggest solution for problem

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17
Q

Which laws and statutes govern the role of Architects?

A

Registered Architects Act 2005
* Administered by MBIE
* General laws on Registered architects
* Currently under review.
Registered Architects Rules 2006
* Pursuant to section 67 of the RAA: Board must make rules relating to registered architects
* These rules set out the requirements for becoming and remaining registered architects.
* Contains codes of ethics
Registered Architects Amendment Rules 2020
* Legal regulations that amend the existing RAR 2006.

Recent event - MBIE challenged registered architect - remove. NZIA provided submissions.

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18
Q

Tell me about the Building Act

A

Released in 2004, Building act is made:
a) to provide for the regulation of building work, the establishment of a licensing regime for building practitioners, and the setting of performance standards for buildings to ensure that
1. People who use buildings can do so safely and without endangering their health
2. Buildings have attributes that contribute appropriately to the health, physical independence, and well-being of the people who use them
3. People who use a building can escape from the building if it is on fire
4. Buildings are designed, constructed and able to be used in ways that promote sustainable development.
b) To promote the accountability of owners, designers, builders and building consent authorities who have responsibilities for ensuring that building work complies with the building code.

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19
Q

What are the Building Code Clauses?

A

Building Code – contained in Schedule 1 of the Building Regulations 1992, sets the minimum performance standards buildings must meet.

Building Code Clauses as follows:
A – General Provision
B – Stability
C – Protection from Fire
D – Access
E – Moisture
F – Safety of Users
G – Services and facilities
H – Energy Efficiency.
For Specific buildings - Backcountry Huts / Simple House – Revoked.

Buckland School - Risk Matrix
SS Parnell??

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20
Q

What parts do you especially need to consider for an existing building?

A

The building needs to be investigated thoroughly before commencing works..
- 3D scan of the building / Point cloud
- Survey plans (show the area and dimensions of a property. They include the observations that the surveyor made or calculated to define the property boundaries).
- Structural Report
- Asbestos Report
- Any historic information – heritage / cultural value
- Demolition Report
- Involvement of heritage architects & Planner

As reasonably practicable as possible

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21
Q

What should you do if the client requests ‘originality’?

A
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22
Q

How would you go about winning work if you had your own company?

A
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23
Q

What happens during initial client contact and meetings?
What information are you looking for?

A
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24
Q

What are joint ventures and what insurances are required?

A
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25
Q

What is a Public Private Partnership PPP and what are the risks of getting involved?

A
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26
Q

What are the pros and cons of winning work via competitions?

A
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27
Q

What should / would you do if you won a project due to the skills of an employee but they leave?

A
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28
Q

Agreements:

A

What makes up a proposal for services?

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29
Q

What are the 4 parts of the AAS and other standard agreements and the risks behind them?

A
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30
Q

What are the differences between AAS, CCCS and IPENZ, MOE contract etc

A
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31
Q

Who owns the copyright under the different agreements?

A
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32
Q

What are the differences between sub and separate consultants?

A
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33
Q

What are the risks in engaging sub-consultants?

A
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34
Q

What does the insurance for liability cover?

A
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35
Q

How do you obtain fee quotes from sub-consultants and engage?

A
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36
Q

What if the client asks you to recommend a separate consultant?

A
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37
Q

What are the standard methods of setting fees and how does your company do it and why?

A
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38
Q

How do you ask for additional fee? What is the process? How can you word your agreement to allow for that? PN3.200’s

A
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39
Q

How do you agree a scope of works?

A
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40
Q

How do you define a budget? PN1.211

A
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41
Q

What does novation mean and what are the implications? What are the pros and cons?

A
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42
Q

What does ‘Limited services’ mean and what are the benefits and risks associated?

A
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43
Q

What are the implications of having clients that are in a trust vs private?

A
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44
Q

Winning work:
How does your company get new commissions and win work?

A
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45
Q

What is a loss leader?

A
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46
Q

What should you do if the client requests ‘originality’?

A
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47
Q

How would you go about winning work if you had your own company?

A
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48
Q

What happens during initial client contact and meetings?
What information are you looking for?

A
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49
Q

What are joint ventures and what insurances are required?

A
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50
Q

What is a Public Private Partnership PPP and what are the risks of getting involved?

A
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51
Q

What are the pros and cons of winning work via competitions?

A
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52
Q

Agreements:

A

What makes up a proposal for services?

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53
Q

What should / would you do if you won a project due to the skills of an employee but they leave?

A
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54
Q

What are the 4 parts of the AAS and other standard agreements and the risks behind them?

A
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55
Q

What are the differences between AAS, CCCS and IPENZ, MOE contract etc

A
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56
Q

Who owns the copyright under the different agreements?

A
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57
Q

What are the differences between sub and separate consultants?

A
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58
Q

What are the risks in engaging sub-consultants?

A
59
Q

What does the insurance for liability cover?

A
60
Q

How do you obtain fee quotes from sub-consultants and engage?

A
61
Q

What if the client asks you to recommend a separate consultant?

A
62
Q

How do you ask for additional fee? What is the process? How can you word your agreement to allow for that? PN3.200’s

A
63
Q

How do you define a budget? PN1.211

A
64
Q

How do you agree a scope of works?

A
65
Q

What are the standard methods of setting fees and how does your company do it and why?

A
66
Q

What does novation mean and what are the implications? What are the pros and cons?

A
67
Q

What does ‘Limited services’ mean and what are the benefits and risks associated?

A
68
Q

What are the implications of having clients that are in a trust vs private?

A
69
Q

What is a waiver of subrogation? How does it relate to vicarious liability?

A

Waiver of subrogation is when someone waives the right of their insurance companies to recover damage from a third-party company.

Subrogation is when an insurance company pays for a claim cause by a third party.

For example, suppose you were involved in a car accident where your car was hit by a car that ran a red light. In this case, the other party was totally at fault. Usually your insurance company will pay you for the loss and will try to recover their payment for that loss from the third-party insurance company.

The key reason for using a waiver of subrogation is to contain a financial loss to the insurance policy of a specific party. The party is generally the one providing service to another. This helps clients to control the cost of their insurance and the cost of managing risk.

In architecture, a “waiver of subrogation” refers to a contractual agreement between parties involved in a construction project, typically the owner, architect, and contractor.

Subrogation refers to the right of an insurance company to recover payment from a third party that caused the loss or damage to their insured client. In the context of construction projects, if there is a loss or damage caused by one party’s negligence or fault, their insurance company may seek to recover costs from the other parties involved.

A waiver of subrogation clause in a contract essentially means that the parties agree to waive their right to seek recovery from each other’s insurance companies in the event of a loss or damage, even if the other party is at fault. This provision is usually included in construction contracts to protect the parties involved from being sued or dragged into litigation by their insurance companies.

For example, in an architectural context, a waiver of subrogation clause may be included in the contract between the owner and the architect. If the architect’s negligence leads to a loss or damage during construction, the owner’s insurance company cannot seek recovery from the architect’s insurance company.

Instead, the owner’s insurance company will cover the loss or damage, and the parties agree to resolve any disputes between themselves, rather than involving their insurance companies.

70
Q

What is a companion policy and how does it cover you when you move companies? What about if you don’t work at an NZIA or architectural practice anymore?

A
71
Q

What if your agreement is never signed?

A
72
Q

Why would you have bonds and retentions on fees? PN3.202

A
73
Q

What do you do if the client proposes a different agreement or changes to a standard one?

A
74
Q

What does indemnify mean and why can’t you indemnify as part of your agreement? (PN 1.201)

A
75
Q

Winning work:
How does your company get new commissions and win work?

A
  • Building relationships with ongoing clients, through functions etc. Friends, family.
  • Building / upholding a reputation, especially in certain typologies. Award ceremonies etc.
  • Marketing strategy. Company presence in public, website, social media. Being active
  • Some competitions. Staff might enter individually but then bring the project into the office upon winning.

NB All proposals go through a ‘stop-go’ process for determining whether the project is suitable for the business, i.e whether it is likely to be profitable / risky / beneficial. If high score, go ahead. If low, meet with sector lead, 3x principals and the MD to discuss validity of project.
Always assess client suitability. Capacity to fund project. Their prior record – credit record, other projects.

76
Q

What is a loss leader?

A

“A pricing strategy in which a product is sold at below market cost, or below minimum profit margin, to stimulate sale of other more profitable goods or services” (Wiki)
In architecture, this can refer to
- A project not likely to be profitable but will be good for company reputation / marketing and award potential / or to earn a new client.
- Agreeing to early phases for a lower fee, with the intent of then recuperating costs later in the project.

This is risky and often ineffective, especially if the profitable projects / phases do not happen. Fee cutting as can undercut the company and the industry (unethical). Sets up low fee expectations and can add tension trying to make ends meet. PN3.209 2.4 states you should make a profit on every job. Provides a cushion for the firm to operate in lean times. Source of investment for new goods. Record of profitability important for banks. Profits enable reward of staff, good company culture. If shareholders don’t get good return they may invest elsewhere. PN1.405 says profit is not essential, but avoidance of loss is, and planning for profit is the best way to avoid loss.

77
Q

What should you do if the client requests ‘originality’?

A

Clarify their expectations. What do they mean by this? Advise that very design is tailored to an individual brief, and site, so is unique in this way. Explain the reality around product / material systems and details – we rely on others expertise (ethics: competency) and repetition is a way to mitigate risk.

If you are doing something very different design wise, talk about copyright – make sure a clause is in contract to cover both drawings and building.

78
Q

How would you go about winning work if you had your own company?

A

Small projects through existing relationships. Market these well. Look for industry opportunities, movements eg tiny homes, eco friendly, affordable inner city living.

Through networking events
DuVal Group, developers, someone approached me
Archipro that connects clients with architects

79
Q

What happens during initial client contact and meetings?
What information are you looking for?

A

PN.3111 PN3.117 PN5.101. ‘Initial Client Meeting’ Proforma.
Set up good open lines of communication. Instil confidence.
Establish Brief, Budget, Programme, Site, (Legal description, Site Survey, Geotech information if the have it)
Understand their aims, expectations and budget.
Ensure understanding of your services and each other’s responsibilities. (recommend NZIA Guides to Architects services and charges).
Scope of services, exclusions, inclusions etc
Fee indications if they ask. Delay setting a fee. Outline options, hourly rates if need.
Advise of services to be covered by other consultants.
Discuss dispute resolution procedure, potential of termination.
Obtain a written agreement (preferably NZIA AAS, if other, make sure it is fair and insurable)

80
Q

What is a Public Private Partnership PPP and what are the risks of getting involved?

A

Also known as Private Financial Initiation – a single integrated supply team is appointed for design, construction and management and then to operate it for a period of time, - generally for large industrial project by government, such as prison…hospital, Risk: liability never ending?

81
Q

What are joint ventures and what insurances are required?

A

PN3.105. A formal business agreement between two or more firms, for one or more specific project(s). Pros: shared expertise and resources, opportunity to work outside locality, exposure new typology and methods. Cons: time and effort to set up, potential lack of clarity for insurance claims and award recognition, increased risks. Insurance: companies must have similar PII. May require separate liability policy, project specific. Goodwill and good communication are critical.

82
Q

What are the pros and cons of winning work via competitions?

A

Pro: good marketing exposure, monetary award for winning, can futher negotiate scope of services, good training tool for younger staff, raise standards within office, try new method. Maybe possibility of JV with oversea companies
Con: risk of losing, careful about the copyright issue, who owns the copyright of the work? Stress /wellbeing of staff

28 Shortland Street
Pro - exciting project, exposure to interview by client’s lawyer whether 13:1 could be achieved on a 10:1 site. Freedom of creativity and time to spend on the project.
Neg - cost was on the architect to cover, not paid, sustainability of this against overheads

83
Q

What should / would you do if you won a project due to the skills of an employee but they leave?

A

Try best to negotiate with the staff – ask them to stay. If doesn’t work – try to find suitable replacement of staff and discuss with client, (notify client in writing) – if not ok, possibly JV with other firm who has the skillset, if none of the above work, last resort is resign – Code of ethics is to not take on jobs that you cant deliver

84
Q
  1. How should communication with the client happen?
A

PN5.101 2 main things : 1 is to give client confidence the choice of Architect is correct, and 2, to obtain sufficient information to understand what the client wants,
Initiate client meeting aiming to sought information of the following: client brief, time, budget, site survey information, legal information of site, geo tech etc. bring the NZIA pro-forma questionnaire.

85
Q

Agreements:
1. What makes up a proposal for services?

A

Mandatory ‘Written terms of Appointment’
“Offer, consideration and acceptance”

Scope of work, services provided, timeframe & fee, exclusions

86
Q

What are the differences between AAS, CCCS and IPENZ, MOE contract etc

A

AAS has scope of services, AAS by NZIA
AAS short form, AAS standard form 2018
drawings take precedence over specification

CCCS used in conjunction with NZCIC guidelines
CCCS prepared by multidisciplinary team
large commercial projects

Differences in General conditions

87
Q

What are the 4 parts of the AAS and other standard agreements and the risks behind them?

A

A Contract
B Scope of Services
C Fee
D General Conditions

Amendments of General Conditions - lawyer to review. Highlighting scope of services vs. removing scope of services.

88
Q

What are the risks in engaging sub-consultants?

A

Become responsible for meeting their contractual obligations i.e. programme deadlines, work scope etc.

89
Q

What are the differences between sub and separate consultants?

A

Sub-consultant; contracted to architect
Separate consultant; engaged by client

90
Q

Who owns the copyright under the different agreements?

A

AAS; Architect retains copyright. If paid up, the Client has the right to use the design for the physical site.
CCCS; Jointly owned between Architect/Client ‘royalty free in perpetuity’
NZS3910;
NZS3915;
MOE;

91
Q

How do you obtain fee quotes from sub-consultants and engage?

A
92
Q

What if the client asks you to recommend a separate consultant?

A

Ethics. Don’t ‘recommend’. Offer more than one suggestion of companies you have worked with and get prices – it should the clients decision. The Architect cannot be seen to be offering favours.

93
Q

What are the standard methods of setting fees and how does your company do it and why?

A

lump sum, percentage and hourly rate

94
Q

How do you ask for additional fee? What is the process? How can you word your agreement to allow for that? PN3.200’s

A

cost estimate increased by 5% to reconfirm fee
list the basis of the brief, eg 2 bedrooms, if this changes to 3 - this is a scope variation
Tell the client is this a scope change,
I will review suggestions and prepare a services variation letter,
review this against the programme to assess additional time required, communicate extension of programme. Or if programme is critical, then add additional resource to meet the programme.

95
Q

How do you agree a scope of works?

A

Talk through the scope of services line by line
to confirm which consultant or client is managing/responsible

96
Q

What does the insurance for liability cover?

A
97
Q

How do you define a budget? PN1.211

A
98
Q

What does novation mean and what are the implications? What are the pros and cons?

A
99
Q

What are the implications of having clients that are in a trust vs private?

A
100
Q

What does ‘Limited services’ mean and what are the benefits and risks associated?

A
101
Q

What is a waiver of subrogation? How does it relate to vicarious liability?

A

In layman’s terms, subrogation occurs when an insurer pays an insured for a loss caused by a third party. The insurance company is then “subrogated” – or steps into the shoes of the insured – to sue that third party for the loss suffered by the insured. In short, the insurance company pays its insured to make the insured whole. The insurer, to make itself whole, then has the right to sue the third-party that caused the damage.
Despite this generally universal insurance policy term, often times commercial contracts between parties (not the insurer) will include “waiver of subrogation” provisions. These are most often found in construction and lease contracts. A waiver of subrogation provision prevents the insurance company (who steps into the shoes of the insured after it pays a loss) from suing the other party to the contract – which likely caused the loss. Moreover, waiver of subrogation provisions found in contracts are generally upheld by Court

Waiver of subrogation is when someone waives the right of their insurance companies to recover damage from a third-party company.

Subrogation is when an insurance company pays for a claim cause by a third party.

For example, suppose you were involved in a car accident where your car was hit by a car that ran a red light. In this case, the other party was totally at fault. Usually your insurance company will pay you for the loss and will try to recover their payment for that loss from the third-party insurance company.

The key reason for using a waiver of subrogation is to contain a financial loss to the insurance policy of a specific party. The party is generally the one providing service to another. This helps clients to control the cost of their insurance and the cost of managing risk.

In architecture, a “waiver of subrogation” refers to a contractual agreement between parties involved in a construction project, typically the owner, architect, and contractor.

Subrogation refers to the right of an insurance company to recover payment from a third party that caused the loss or damage to their insured client. In the context of construction projects, if there is a loss or damage caused by one party’s negligence or fault, their insurance company may seek to recover costs from the other parties involved.

A waiver of subrogation clause in a contract essentially means that the parties agree to waive their right to seek recovery from each other’s insurance companies in the event of a loss or damage, even if the other party is at fault. This provision is usually included in construction contracts to protect the parties involved from being sued or dragged into litigation by their insurance companies.

For example, in an architectural context, a waiver of subrogation clause may be included in the contract between the owner and the architect. If the architect’s negligence leads to a loss or damage during construction, the owner’s insurance company cannot seek recovery from the architect’s insurance company.

Instead, the owner’s insurance company will cover the loss or damage, and the parties agree to resolve any disputes between themselves, rather than involving their insurance companies.

102
Q

What if your agreement is never signed?

A

SS Parnell was not signed until Developed Design. Principal kept changing this until it was signed.

103
Q

What is a companion policy and how does it cover you when you move companies? What about if you don’t work at an NZIA or architectural practice anymore?

A

Companion Cover complements the Professional Indemnity Insurance offering and fills more of those risk gaps that may arise from your business activities.
There are several types;
General Public Liability Insurance
Statutory Liability Insurance
Directors and Officer Liability Insurance
Employers Liability Insurance
Employment Practices Liability Insurance
Cyber Liability Insurance

104
Q

Why would you have bonds and retentions on fees? PN3.202

A

Clients may ask the architect for a performance bond or require a special retention of fees until the expiration of the maintenance period. The requirement of a bond should be discussed and agreed as part of the agreement for services

105
Q

What do you do if the client proposes a different agreement or changes to a standard one?

A

Talk to WM in house lawyer.

106
Q

What does indemnify mean and why can’t you indemnify as part of your agreement? (PN 1.201)

A

secure (someone) against legal liability for their actions.

107
Q
  1. What is the aim of a feasibility study?
A

Usually happens at pre-design phase .tests whether the project brief is feasible within client budget and site constraints. Aim is to understand risks and complication of the project at early stage

108
Q
  1. Explain the formulation of brief and return brief process
A

Refer NZIA AAS‘definition of brief : Clients requirements, preferences and priorities of the project, purpose for structure, types of activity intended, safety requirements, all information available to the client that is related to site. Return brief is usually a back and forth process., the return brief confirms the project requirement and must be puts into writing, signed off by client.

109
Q
  1. How can you ensure the project can easily be passed to someone else in your absence?
A

Good filing system, no saving on desktop, file email conversations regularly, usually there is more than 1 staff on the project. record and report progress daily to senior staff member. If you know you will be absent, make sure there is enough hand-over time and brief the other staff.

Email - project log, location of files saved, briefing ahead of annual leave, location of Revit files, queries received from consultants, clients, priority of items requiring response

110
Q
  1. What is the aim of a feasibility study?
A

Usually happens at pre-design phase .tests whether the project brief is feasible within client budget and site constraints. Aim is to understand risks and complication of the project at early stage

111
Q
  1. Explain the formulation of brief and return brief process
A

Refer NZIA AAS‘definition of brief : Clients requirements, preferences and priorities of the project, purpose for structure, types of activity intended, safety requirements, all information available to the client that is related to site. Return brief is usually a back and forth process., the return brief confirms the project requirement and must be puts into writing, signed off by client.

112
Q
  1. How can you ensure the project can easily be passed to someone else in your absence?
A

Good filing system, no saving on desktop, file email conversations regularly, usually there is more than 1 staff on the project. record and report progress daily to senior staff member. If you know you will be absent, make sure there is enough hand-over time and brief the other staff.

Email - project log, location of files saved, briefing ahead of annual leave, location of Revit files, queries received from consultants, clients, priority of items requiring response

113
Q
  1. AAS 2016 SF vs AAS 2018? Why do some projects use this?
A

Bel’s case: project used 2016 because at the time the 2018 contract hadn’t yet been reviewed and approved by our in-house lawyer. Something our company likes to do.
The NZIA AAS in its long form has been regarded by many practices as unsuitable for small to medium sized commissions mainly because of its size and complexity.
PN3.110The purpose of this Practice Note is to introduce a new Short Form Agreement for Architect’s Services for use by NZIA Practices on small to medium sized commissions.

114
Q
  1. What range of %fee would you charge for a job?
A

Depends on Typology. Complexity. New/ Renovation.

2% for tower due to multiple floors
10% for a house - takes same amount of time to set up
compare to historical data in our system of project completed and their costs

115
Q
  1. How do calculate a fair $/m2 rate? What happens if its too high?
A

Suggest getting a QS to review design at each phase.

116
Q
  1. How do you address contingency with your client? (E Construction Q)
A

PN 9.510
It is prudent to advise Principals on the need to allow for a contingency sum for all contracts. The
contingency sum may be either included in the Contract Price or kept separate by the Principal.
The contingency sum might be assessed as a percentage of the estimated costs as follows:
5% for most Contracts
2½% for simple, straightforward contracts (e.g. repetition of a previous design)
7½% for complex Contracts (e.g. involving new construction or construction techniques; difficult
site conditions)
10%+ for alteration work where there is a high degree of uncertainty relating to conditions or where
the work has been based on minimum documentation.

117
Q
  1. What range of %fee would you charge for a job?
A

Depends on Typology. Complexity. New/ Renovation.

2% for tower due to multiple floors
10% for a house - takes same amount of time to set up
compare to historical data in our system of project completed and their costs

118
Q
  1. What is the aim of a feasibility study?
A

Usually happens at pre-design phase .tests whether the project brief is feasible within client budget and site constraints. Aim is to understand risks and complication of the project at early stage

119
Q
  1. How can you ensure the project can easily be passed to someone else in your absence?
A

Good filing system, no saving on desktop, file email conversations regularly, usually there is more than 1 staff on the project. record and report progress daily to senior staff member. If you know you will be absent, make sure there is enough hand-over time and brief the other staff.

Email - project log, location of files saved, briefing ahead of annual leave, location of Revit files, queries received from consultants, clients, priority of items requiring response

120
Q
  1. Explain the formulation of brief and return brief process
A

Refer NZIA AAS‘definition of brief : Clients requirements, preferences and priorities of the project, purpose for structure, types of activity intended, safety requirements, all information available to the client that is related to site. Return brief is usually a back and forth process., the return brief confirms the project requirement and must be puts into writing, signed off by client.

121
Q
  1. AAS 2016 SF vs AAS 2018? Why do some projects use this?
A

Bel’s case: project used 2016 because at the time the 2018 contract hadn’t yet been reviewed and approved by our in-house lawyer. Something our company likes to do.
The NZIA AAS in its long form has been regarded by many practices as unsuitable for small to medium sized commissions mainly because of its size and complexity.
PN3.110The purpose of this Practice Note is to introduce a new Short Form Agreement for Architect’s Services for use by NZIA Practices on small to medium sized commissions.

122
Q
  1. How do you address contingency with your client? (E Construction Q)
A

PN 9.510
It is prudent to advise Principals on the need to allow for a contingency sum for all contracts. The
contingency sum may be either included in the Contract Price or kept separate by the Principal.
The contingency sum might be assessed as a percentage of the estimated costs as follows:
5% for most Contracts
2½% for simple, straightforward contracts (e.g. repetition of a previous design)
7½% for complex Contracts (e.g. involving new construction or construction techniques; difficult
site conditions)
10%+ for alteration work where there is a high degree of uncertainty relating to conditions or where
the work has been based on minimum documentation.

123
Q
  1. How do calculate a fair $/m2 rate? What happens if its too high?
A

Suggest getting a QS to review design at each phase.

124
Q
  1. How can you ensure the project can easily be passed to someone else in your absence?
A

Good filing system, no saving on desktop, file email conversations regularly, usually there is more than 1 staff on the project. record and report progress daily to senior staff member. If you know you will be absent, make sure there is enough hand-over time and brief the other staff.

Email - project log, location of files saved, briefing ahead of annual leave, location of Revit files, queries received from consultants, clients, priority of items requiring response

125
Q
  1. Explain the formulation of brief and return brief process
A

Refer NZIA AAS‘definition of brief : Clients requirements, preferences and priorities of the project, purpose for structure, types of activity intended, safety requirements, all information available to the client that is related to site. Return brief is usually a back and forth process., the return brief confirms the project requirement and must be puts into writing, signed off by client.

126
Q
  1. AAS 2016 SF vs AAS 2018? Why do some projects use this?
A

Bel’s case: project used 2016 because at the time the 2018 contract hadn’t yet been reviewed and approved by our in-house lawyer. Something our company likes to do.
The NZIA AAS in its long form has been regarded by many practices as unsuitable for small to medium sized commissions mainly because of its size and complexity.
PN3.110The purpose of this Practice Note is to introduce a new Short Form Agreement for Architect’s Services for use by NZIA Practices on small to medium sized commissions.

127
Q
  1. What is the aim of a feasibility study?
A

Usually happens at pre-design phase .tests whether the project brief is feasible within client budget and site constraints. Aim is to understand risks and complication of the project at early stage

128
Q
  1. How do calculate a fair $/m2 rate? What happens if its too high?
A

Suggest getting a QS to review design at each phase.

129
Q
  1. What range of %fee would you charge for a job?
A

Depends on Typology. Complexity. New/ Renovation.

2% for tower due to multiple floors
10% for a house - takes same amount of time to set up
compare to historical data in our system of project completed and their costs

130
Q
  1. How do you address contingency with your client? (E Construction Q)
A

PN 9.510
It is prudent to advise Principals on the need to allow for a contingency sum for all contracts. The
contingency sum may be either included in the Contract Price or kept separate by the Principal.
The contingency sum might be assessed as a percentage of the estimated costs as follows:
5% for most Contracts
2½% for simple, straightforward contracts (e.g. repetition of a previous design)
7½% for complex Contracts (e.g. involving new construction or construction techniques; difficult
site conditions)
10%+ for alteration work where there is a high degree of uncertainty relating to conditions or where
the work has been based on minimum documentation.

131
Q
  1. How can you ensure the project can easily be passed to someone else in your absence?
A

Good filing system, no saving on desktop, file email conversations regularly, usually there is more than 1 staff on the project. record and report progress daily to senior staff member. If you know you will be absent, make sure there is enough hand-over time and brief the other staff.

Email - project log, location of files saved, briefing ahead of annual leave, location of Revit files, queries received from consultants, clients, priority of items requiring response

132
Q
  1. Explain the formulation of brief and return brief process
A

Refer NZIA AAS‘definition of brief : Clients requirements, preferences and priorities of the project, purpose for structure, types of activity intended, safety requirements, all information available to the client that is related to site. Return brief is usually a back and forth process., the return brief confirms the project requirement and must be puts into writing, signed off by client.

133
Q
  1. How do calculate a fair $/m2 rate? What happens if its too high?
A

Suggest getting a QS to review design at each phase.

134
Q
  1. What is the aim of a feasibility study?
A

Usually happens at pre-design phase .tests whether the project brief is feasible within client budget and site constraints. Aim is to understand risks and complication of the project at early stage

135
Q
  1. AAS 2016 SF vs AAS 2018? Why do some projects use this?
A

Bel’s case: project used 2016 because at the time the 2018 contract hadn’t yet been reviewed and approved by our in-house lawyer. Something our company likes to do.
The NZIA AAS in its long form has been regarded by many practices as unsuitable for small to medium sized commissions mainly because of its size and complexity.
PN3.110The purpose of this Practice Note is to introduce a new Short Form Agreement for Architect’s Services for use by NZIA Practices on small to medium sized commissions.

136
Q
  1. What range of %fee would you charge for a job?
A

Depends on Typology. Complexity. New/ Renovation.

2% for tower due to multiple floors
10% for a house - takes same amount of time to set up
compare to historical data in our system of project completed and their costs

137
Q
  1. How do you address contingency with your client? (E Construction Q)
A

PN 9.510
It is prudent to advise Principals on the need to allow for a contingency sum for all contracts. The
contingency sum may be either included in the Contract Price or kept separate by the Principal.
The contingency sum might be assessed as a percentage of the estimated costs as follows:
5% for most Contracts
2½% for simple, straightforward contracts (e.g. repetition of a previous design)
7½% for complex Contracts (e.g. involving new construction or construction techniques; difficult
site conditions)
10%+ for alteration work where there is a high degree of uncertainty relating to conditions or where
the work has been based on minimum documentation.

138
Q
  1. How do calculate a fair $/m2 rate? What happens if its too high?
A

Suggest getting a QS to review design at each phase.

139
Q
  1. Explain the formulation of brief and return brief process
A

Refer NZIA AAS‘definition of brief : Clients requirements, preferences and priorities of the project, purpose for structure, types of activity intended, safety requirements, all information available to the client that is related to site. Return brief is usually a back and forth process., the return brief confirms the project requirement and must be puts into writing, signed off by client.

140
Q
  1. What range of %fee would you charge for a job?
A

Depends on Typology. Complexity. New/ Renovation.

2% for tower due to multiple floors
10% for a house - takes same amount of time to set up
compare to historical data in our system of project completed and their costs

141
Q
  1. What is the aim of a feasibility study?
A

Usually happens at pre-design phase .tests whether the project brief is feasible within client budget and site constraints. Aim is to understand risks and complication of the project at early stage

142
Q
  1. AAS 2016 SF vs AAS 2018? Why do some projects use this?
A

Bel’s case: project used 2016 because at the time the 2018 contract hadn’t yet been reviewed and approved by our in-house lawyer. Something our company likes to do.
The NZIA AAS in its long form has been regarded by many practices as unsuitable for small to medium sized commissions mainly because of its size and complexity.
PN3.110The purpose of this Practice Note is to introduce a new Short Form Agreement for Architect’s Services for use by NZIA Practices on small to medium sized commissions.

143
Q
  1. How do you address contingency with your client? (E Construction Q)
A

PN 9.510
It is prudent to advise Principals on the need to allow for a contingency sum for all contracts. The
contingency sum may be either included in the Contract Price or kept separate by the Principal.
The contingency sum might be assessed as a percentage of the estimated costs as follows:
5% for most Contracts
2½% for simple, straightforward contracts (e.g. repetition of a previous design)
7½% for complex Contracts (e.g. involving new construction or construction techniques; difficult
site conditions)
10%+ for alteration work where there is a high degree of uncertainty relating to conditions or where
the work has been based on minimum documentation.

144
Q
  1. How can you ensure the project can easily be passed to someone else in your absence?
A

Good filing system, no saving on desktop, file email conversations regularly, usually there is more than 1 staff on the project. record and report progress daily to senior staff member. If you know you will be absent, make sure there is enough hand-over time and brief the other staff.

Email - project log, location of files saved, briefing ahead of annual leave, location of Revit files, queries received from consultants, clients, priority of items requiring response