Section A Flashcards
What must written terms of appointment cover? (Ethics 58a)
- Scope of the work
- Fees or any method of calculating fees
- Exclusions
- Allocation of responsibilities
- any limitation of responsibilities
- how billing will occur
How might you “win” a project?
- Word of mouth or referral
- Existing relationship
- Invited Tender (RFP)
- Open Tender (RFP)
- Design competition
- Online portfolio
What might you consider to establish project context?
Geotechnical report
Topographical survey, level survey
Existing underground services, structures
Climate
Heritage report
Asbestos report
Certificate of Title (any easements and covenants) - legal status
Request Land Information Memorandum from the Territorial Authority
District/ city / unitary plan rules applicable to the site
What are the main forms of agreement for services?
- NZIA AAS 2018
- NZIA AAS Short Form 2018
- NZIA Agreement for Architects Services Small Projects 2018
- CCCS - Conditions of Contract for Consultancy Services
- Kainga Ora and Ministry of Ed. have their own.
What triggers notified Resource Consent? (RMA 1991 Section 95A)
- Type of project (some project are always notified, e.g. if they significantly affect people and environment). If the effects are more than minor, e.g. Building a wind farm.
- If neighbours (affected people) refused to give written approval/give their consent to your project
- the application is for a resource consent for 1 or more activities, and any of those activities is subject to a rule or national environmental standard that requires public notification
- if the consent authority notifies the applicant under section 92(2)(b) that it wants to commission a report, but the applicant—
(a) does not respond before the deadline concerned; or
(b) refuses to agree to the commissioning of the report. - the applicant has requested that the application be publicly notified
- if the consent authority requests further information on the application under section 92(1), but the applicant—
(a) does not provide the information before the deadline concerned; or
(b) refuses to provide the information.
What are the classes of activities in RMA 1991 (Section 87A)?
- non complying activity (RC required, with conditions)
- discretionary activity (RC required, with conditions)
- restricted discretionary activity (RC required, with conditions)
- permitted activity (RC not required)
- controlled activity (RC required, with conditions)
- prohibited activity (the consent authority must not grant a consent for it)
What items should be included in LIM issued by the TA?
- identification of any special feature or characteristic of the land including, but not limited to, erosion, soil removal, falling debris, subsidence, slippage, liquefaction, siltation or flooding or the presence of contaminants known by the TA
• information on private and public stormwater drains
• information relating to any rates outstanding on the property
• information about any consent, certificate, notice, order or requisition affecting the land or any building on the land previously issued by the TA
• permitted land uses and any restrictions on that use
• information relating to any classification of the land by any statutory authority permitted to do so
• information on network utilities supplied to the TA
• any other information the TA believes relevant to the site.
What is PIM?
A Project Information Memorandum (PIM) contains information relevant to the proposed building work or project that is held by the TA. It may be applied for before the building consent (recommended), or the information can be supplied at the same time as a consent.
When would you use the NZIA Small Projects?
One-offs projects when fees are less than $5000
Bulk and Location, Masterplanning, Feasibility Studies, one off Concepts and Expert Witness engagement.
How might you calculate fees?
- Lump sum
- Time charge/hourly
- Percentage fee of construction budget
- Combination of the above
What is the CCCS?
Conditions of Contract for Consultancy Services
What five aspects are required for a contract to be valid under contract law?
- Offer A clear offer must be made by one party to another.
- Acceptance The offer must be accepted by one party. Acceptance must be explicit and direct.
- Consideration Each party must agree to provide something of value as part of the bargain. Consideration can be money, an act of service.
- Intention to create legal relations All parties must intend to enter into a legally binding agreement.
- Certainty the terms of the contract must be certain.
What course of actions should be taken before agreeing to providing services for a project that another registered architect may have previously provided services for?
Ask client’s permission to contact the other architect to discuss:
- If fees have been paid
- All copyright/ license issues have been resolved
- Contractual obligations have been satisfied
- Documents / perspectives / reports have been returned if required by agreement
If in doubt about your ethical position the only possible recommendation is DO NOT GET INVOLVED.
If client refuses then request a written confirmation from him that all legal and ethical issues have been resolved and there is no legal or moral impediment to a new commission or agreement
Ethically what do you need to do before starting work on a project?
- Ask client if any other registered architect has been previously involved in the project. Ask the client for permission to contact another architect, and if permission is not granted, obtain written confirmation from the client.
- Obtain written confirmation from the client that all fees have been paid and contractual issues have been resolved so that there are no obstacles to entering into a new contract and the client may legally use documentation prepared by another architect.
- Sign an agreement for services with the client. Don’t forget to check that you have all the insurance.
What are the purposes and principles of The Building Act?
This Act has the following purposes:
(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—
(i) people who use buildings can do so safely and without endangering their health; and
(ii) buildings have attributes that contribute appropriately to the health, physical independence, and well-being of the people who use them; and
(iii) people who use a building can escape from the building if it is on fire; and
(iv) 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.
