Section F Flashcards
What are the types of practice?
Limited Liability Company
Sole Practitioner
Partnership
Joint Venture
What is PI Insurance?
Professional Indemnity Insurance
Protects against claims for breach of professional duty or negligence resulting in financial loss.
Purchased annually.
Where can you buy PI Insurance?
Join the NZ Architects Cooperative Society (NZACS) then can buy from AON insurance group.
How long are contractual and negligence liability periods, in relation to building work?
Usual liability is 6 years from the time the work done.
Possibility of a 3 year “late knowledge” extension.
10 year longstop is provided by the Building Act.
Refer NZACS website.
What does the Health and Safety at Work Act 2015 mean?
The HSWA sets out principles, duties and rights in relation to workplace health and safety. It shifts the focus from monitoring and recording health and safety incidents to proactively identifying and managing risks so everyone is safe and healthy.
Who is responsible for the HSWA?
Everyone plays a role.
Businesses have the primary responsibility for the health and safety of their workers and any other workers they influence or direct.
Officers (company directors, partners, board members, chief executives) must do due diligence to make sure the business understands and is meeting its health and safety responsibilities. These are PCBU.
Workers must take reasonable care for their own health and safety and that their actions don’t adversely affect the health and safety of others.
SPA has a Employee Participation Policy to meet the requirements of employee participation, by election of representatives every 2 years. Aims to bridge between staff and management on Health, Safety and Wellbeing.
What is a PCBU?
Person Conducting a Business or Undertaking.
An individual or company responsible for the health and safety of its officers and workers. Primary duty holder to ensure safety in the workplace.
At SPA it is 3 founding directors and 2 independent directors.
As designers PCBUs myst take “all practicable” steps not to create risk for those who construct, use, maintain or demolish a workplace or structure.
What is Public Liability insurance?
Protects against claims from third parties for injury or property damage suffered due to your business’s actions.
What is Tort law?
A tort is a civil wrong or a wrongful act committed by one party against another, resulting in harm or injury.
Several types of Tort including; intentional such as assault, defamation and unintentional, which negligence falls under
To whom do you owe a duty of care in tort?
It depends! Basically, anyone who might foreseeably be affected by your actions
When does a duty of care arise?
It depends! But if you are involved in your professional capacity, you are expected to have regard for the interests of those affected by your actions, to the extent that others in your profession would, if placed in a similar situation.
What is negligence?
The failure to exercise reasonable skill, care and diligence.
Doing what others in similar circumstances would not have done.
What are the steps of a negligence test?
Was a duty of care owed to the claimant?
Was that duty breached?
Did the claimant suffer a loss?
Was the loss caused by the defendant?
Was the loss reasonably foreseeable?
All questions must be answered YES for claim to be established
What is a Conflict of Interest?
A conflict of interest refers to a situation in which a person or entity has competing interests or loyalties that could compromise their impartiality, objectivity, or decision-making abilities in a particular matter. It arises when an individual or organisation is in a position to make a decision or take an action that could benefit them personally, financially, or professionally, while at the same time having a duty or responsibility to act in the best interest of another person or group.
What does the Registered Architects Rules 2006 contain?
- Registration as registered architect - initial and ongoing assessment
- Code of Minimum Standard of Ethical Conduct
- Discipling of registered architects
