THE LAW, ARCHITECT'S ACT AND CODE OF CONDUCT

Question 1

What is a civil claim?

What action of an architect might give rise to a civil claim against them?

Answer 1

Civil claims are made when a wrong is done to someone (tort) and they sue you for compensation to cover the loss.
Examples:
1. To cover budget over runs
2. To cover costs to make the building compliant
3. Pain and suffering (eg due to injury)

Question 2

What is a criminal
Prosecution?
What actions might lead to an architect being criminally prosecuted?

Answer 2

Prosecution by a government enforcement body for a breach of certain obligations
Example :
1: failure to comply with safe design legislation resulting in significant loss

Question 3

What is a contract and what is required for it to be legally binding?

Answer 3

An agreement between parties

1. Offer and acceptance
2. Consideration $
3. Intention to create legal reactions (eg a promise)

Question 4

When is a written contract required for home building projects and by what authority?

Answer 4

When works exceed $20k

Home Building Act

Question 5

What are some examples

of areas of tort claims?

Answer 5

Nuisance - excavation causing subsidence
Trespass - unjustified entry or intrusion into property (inclu airspace)
Negligence - duty if care breached resulting in damages

Question 6

What is an Architect’s duty in tort to third parties?

Answer 6

To act with reasonable competence in the provision of the services that are within the scope of the agreement with the client.

Question 7

What should the architect consider in order to ensure they don’t cause damage to a third party?

Answer 7

Proximity - potential affected parties
Foreseeability - ways of causing them loss of damage
Reliance - who will rely on your advice?

Question 8

Competition and Consumer Act has what ramifications for Architect’s?

Answer 8

• no collusion - agreeing not to compete or to limit competition.
• no price fixing
• no unconscionable conduct - taking unfair advantage of innocent parties

Question 9

What does the Architect’s Act aim to do?

Answer 9

1. ensure architects provide their services in a professional and competent manner
2. provide mechanisms for disciplinary action against architects
3. ensure the public can find out about the qualifications and competence of architects
4. promote a better understanding of architectural issues in the community

Question 10

What does the Architect’s Act include?

Answer 10

1. Code of Conduct (in regs)
2. types of offences relating to being an architect
3. requirements for registration
4. processes for complaints and disciplinary proceedings
5. Details about the Registration Board
6. Board fees
7. miscellaneous provisions

Question 11

What is the Architects’ Code of Conduct NSW?

Answer 11

Established under the Regs of the Architect’s Act. Provides standards for architects in relation to general practice, dealings with clients, the public and other architects, as well as requirements to have PI insurance and do CPD.

Question 12

What are some general practice requirements of the code of conduct?

Answer 12

1. Provide information in writing;
2. provide services with care and competency;
3. be prompt and timely;
4. withdraw from projects which would result in unethical actions;
5. only offers services you are skilled for;
6. advise where specialist consultants are needed.
7. declare conflicts of interest

Question 13

What are some requirements about dealing with clients from the code of conduct?

Answer 13

1. Communication with the client must be: accurate, not misleading, sufficient to make decisions, clear about implications, promptly respond to client’s requests, honest about expectations, not disclose confidential information
2. There must be a written C/A agreement
3. If Contract Administrator, the Architect must be fair and impartial, discharge obligations diligently and promptly, provide the client with all relevant info, not seek bribes to act impartially.
4. not seek a deposit above 10%
5. Keep accurate records (6 years min)
6. provide regular invoices
7. provide requested documents to the client
8. stay informed about the project
9. advise the client promptly of inability to follow instructions.

Question 14

What are some standards concerning the public in the code of conduct?

Answer 14

1. clear communication on name and reg
2. must not make misleading endorsements
3. must disclose whether endorsements are paid
4. must not sign off on anything they have not personally checked
5. must not ascribe authorship to something they did not author.

Question 15

What are some requirements for dealing with other architects in the code of conduct?

Answer 15

1. be honest and fair

2. inform successive architects about matters that are important to know - don’t withhold information

Question 16

What are some requirements for dealing with other architects in the code of conduct?

Answer 16

1. be honest and fair

2. inform successive architects about matters that are important to know - don’t withhold information

Question 17

How does the Home Building Act protect consumers?

Answer 17

1. only licensed builders can enter into home building contracts;
2. certain information and terms and conditions are required to be included in home building contracts;
3. home building works are required to be insured;
4. and builders have statutory warranties that cannot be contracted out of.

Question 18

How does Australian Consumer Law control the behaviour of Architects?

Answer 18

Australian Consumer Law which forms a part of the Competition and Consumer Act 2010, governs the relationships between businesses and between businesses and consumers. ACL contains a number of implied guarantees benefiting the consumer, and in particular, a guarantee that goods or services provided are reasonably fit for the intended purpose.
However, the guarantee that services will be fit for a purpose does not apply to professional services provided by a qualified architect or engineer.