Tute 7 (Melany) Flashcards
What can you be liable for if the tender quotations come in too high and the client can’t proceed with construction?
All or part of your fee.
If the client can’t build the project based on your drawings due to budget constraints, the drawings are effectively worthless and they are entitled to get their fee back.
Under the Australian Consumer Protection laws, the client can sue you for misleading and deceptive conduct for the tenders coming in above budget.
Often the solution is that the client will agree (via a deed of release) to a settlement through your PI insurance rather than suing the architect’s fees.
If there is an event which occurs outside of the construction site which causes a loss to a third party , compensation could be given through which Insurance?
Public Liability
What is the Right of Subrogation, and provide an example of how it could be exercised during construction works?
Subrogation is a term describing a legal right held by most insurance carriers to legally pursue a third party that caused an insurance loss to the insured.
For example:
If the architect is injured whilst inspecting a building site, they will seek compensation from their statutory Workers Compensation. Under the Right of Subrogation, the Architect’s WC Insurance may be entitled to seek damages from the Contractor’s Public Liability Insurance.
What is a ‘Witness Point’?
The opportunity to witness an activity or item for which the contractor is required to give notice but which involves no obligation of the architect to witness (i.e. after the period for notice, the contractor may proceed with the activity or item, regardless of whether the architect has inspected).
What is a ‘Hold Point’?
The opportunity to witness an activity or item for which the contractor is required to give notice. The contractor mush not proceed further without the approval of the architect.
What is Melany and Tara’s private climbing hashtag?
girlsclimbbeta
:D
What is a ‘Verification Point’?
An activity or item for which the contractor is required to comply with requirements and confirm and record compliance or to identify a default or non-compliance before proceeding.
What is the contractor entitled to if a latent condition is found?
Additional time and costs to overcome the latent condition.
Define ‘Practical Completion’.
The state of being substantially complete and fit for use and/or occupation by the owner.
What should the Architect remind the Contractor of if they are issuing an unreasonable number of RFIs?
The representation Contractor made at the time of tendering that it had:
- read and understood the contract documents and submitted its tender on the basis of those documents.
- studied and compared the tender documents with each other and had reported to the architect any errors, consistencies or ambiguities discovered.
What is the Architect in breach of if they agree to the substitution of alternative materials on site which have not been approved by the client?
Their obligations under the Client Architect Agreement.
The architect must seek approval from the client in writing.
Refer CAA 2009, A.4 - Approvals - “obtain the client’s written approval of all construction documents”
If the Contractor has installed substitutions without approval, the Client may: (2)
1) Give notice that the specified materials be installed, or
2) Claim damages for the substitution.
What are some of the key objectives that Architects should be mindful of with Partial Services Agreements? (5)
- Identify and describe scope of services.
- Identify and described liabilities that are excluded
- Establish a framework to vary the scope of services
- Minimise exposure to third parties who can cause delays and extended programs
- Limit the architect’s liability to the same extent that the client is limiting the architect’s opportunity to correct the inevitable inconsistencies and errors that occur in the design process.
- Seek advice from PI Insurer.
An architect has not discretion to accept substandard work. If they do accept substandard work under the client’s direction, who is the Architect liable to?
Any future owners, occupiers and third parties if a problem arise.
List the steps to be taken for the commission of a Dilapidation Report. (4)
1) Specify in the tender documents the requirement for the contractor to complete the survey.
2) Once completed, the survey must be signed and verified by the author, structural engineer, or contract administrator as a true and accurate survey of the building condition.
3) Send the survey/agreed report to the principle, client, adjacent owners and all relevant parties for their information.
4) Once building work is complete, the architect must determine is the new work has led to a change in the pre-existing condition prior to work.
