PROFESSIONAL

PRACTICE
UNIT 2
SUBMITTED BY
NEELIMA S
16011AA020
SPA, JNAFAU
Architect Relation with Client

As an architect, the most rewarding experience possible is to exceed the dreams and expectations of our
clients. Working one on one with, you, the client creates a dynamic conversation about how you live,
work, love and interact in everyday spaces. Therefore, our highest priority is listening to and engaging
with you right from the start to make sure your project is reflective of your vision.

There typically isn’t a one size fits all approach to how much an architect is engaged through design
and construction, but we have the skills and training to manage and be responsible for all facets of the
process. At a minimum, an architect is responsible for design, documentation, and the permitting of a
project, however it is optimal to be involved from start to finish. This means helping select an
appropriate site for where you want to build, interviewing builders, and being involved through
construction closeout.
When the architect is at the center of the process, they transfer information collaboratively with the various team
members. A beautiful, harmonious design is often a series of solving complex problems brought forth by the client.
It’s then up to the architect to clearly communicate these ideas back to you through sketches, renderings, drawings
and models for your feedback. An architect must be able to then facilitate this information to the contractor, their
sub-contractors and other members of the design team while simultaneously being open for additional feedback
about ways a project can be improved.

For a project to be successful we expect you to be an active participant in the design process. This means being as
open and transparent about your expectations and your budget and to provide honest feedback during work sessions.
We also expect you to be open to new ideas, flexible and realistic about the limitations that a project’s site or budget
may present. The ability for us to work through problems decisively will ensure the success of the design.
Architect Relation with the Contractor and
Subcontractor
A positive working relationship between the architect and the contractor is vital for a smooth
construction project. A poor alliance between the two groups can result in delays, additional costs, and
even non completion. Not only will a construction project suffer, but both architects and contractors can
also lose clients and future opportunities for work.

When architects and contractors build a solid connection through effective communication,
disagreements are minimized and deadlines are met. Here are five ways architects and contractors can
work together more efficiently.

There can be disagreements during the course of any construction project. Architects may complain to
contractors that the vision set forth in the design is not being followed properly. Contractors might
respond that certain building features were impractical or impossible to implement as designed. This can
happen. However, the outcome of these incidents is determined by the architect-contractor relationship.
If one or both sides immediately take a defensive tone or shift blame back and forth, the entire construction project
can be put at risk (in the manner covered in the previous point). If, on the other hand, the two sides have an
established, positive relationship, then the project doesn’t have to suffer as a result of these conflicts. There is no
winner in a finger-pointing exercise.

The key to any successful architect-contractor relationship is open, honest communication and a mutual respect for
one another. Contractors should take strides to keep the design team informed on a regular basis throughout the
construction process to avoid confusion and minimize mistakes. Likewise, architects should be open to the reality of
the situation in the field. Contractors may find that, from time to time, certain design elements simply aren’t feasible.
In a good working relationship the contractor will undoubtedly ask for clarification on design elements and a timely
response from the architect is necessary to keep the project moving.
Unitowners in condominium associations and homeowners in homeowner associations are often confused about the
legal responsibilities of design professionals, general contractors, subcontractors and municipal building officials and
building inspectors regarding construction of their homes. This blog is intended to briefly clarify and explain the
relationship among these various people and entities.
Architects are licensed professionals who design buildings to meet the needs of the owner. They are required to
adhere to all applicable building codes and standards in the industry. To that end the architect creates construction
drawings, details, and specifications to direct the subcontractors as to the materials or systems they are to use and
how those materials and systems are to be integrated into the overall construction in such a manner as to satisfy the
design intent of the architect. Architects have to have an overall understanding of the systems and materials being
designed into a building and the requirements of the applicable building codes governing construction.

The scope of work of the architect varies from job to job and is typically defined by the contract signed by the
architect. For example, the scope of work could be as narrow as being hired by builders to simply produce a set of
construction drawings that can be used by the builder to obtain a building permit. After that, the architect has no
further involvement.
At the other end of the spectrum, the architect is involved in reviewing and approving submittals of materials the
builder or subcontractors want to use on the project, reviewing contractor applications for payment of invoices, and
even reviewing work done by the general contractor/subcontractors in the field for compliance with the plans,
manufacturer’s installation specifications, and details.

The Building Department of the municipality is responsible for protecting life and safety. They review the
architectural and other construction drawings for compliance with building codes prior to issuing a building permit.
They review things like the height of the building, square footage, intended occupancy, fire ratings, seismic
requirements, and other considerations with an eye towards keeping the public safe. Once construction is under way,
the building inspectors visit the site to check to see if the building is being built per the codes and approved plans.
When construction defects are discovered and damage is found, many homeowners and condominium unit owners
want to know why the building inspector and township are not responsible. While they may have some moral
responsibility, the law of New Jersey gives them a qualified immunity from liability for negligence in doing building
inspections. In the absence of fraud (ie, taking bribes), the building inspectors and the municipalities are immune
from civil liability. This immunity was presumably granted by the legislature to prevent every municipality in New
Jersey from being bankrupted by construction defect cases.
The general contractor can also be, and often is, the owner of the project. Where there is an owner separate from the general
contractor, the general contractor is hired by the owner of the project to handle the overall construction, supervision, and
coordination of the work of the subcontractors to ensure that the construction project meets the schedule for delivery of the units
and is built in accordance with the approved construction drawings, applicable building codes, specifications and standards in the
industry. The general contractor has to be cognizant of the fact that accepting the low bid from an unqualified subcontractor may
lead to delays in the job or to construction defects that may not be detected for many years.

In a similar vein, the general contractor who selects a complicated , expensive, high quality system and then saves
money by hiring cheap labor to do the installation work may well be creating construction defects that will be
very expensive to fix when they are eventually discovered years later. Bear in mind that while the general
contractor has general knowledge of the work being done by the subcontractor, the general contractor is relying
upon the special skills of his specialty subcontractors in doing their trade work. The general contractor simply
doesn’t have the expertise to knowledgeably supervise the work of the specialty subcontractor. However, that
does not excuse the general contractor from getting the manufacturer’s installation specifications and details and
doing spot checks to determine if they are being followed by the subcontractor.
The subcontractor is required to have the skill and knowledge to strictly adhere to the manufacturer’s installation
specifications and details and to make sure that its work adheres to all applicable building codes. It is amazing to us
how many times we take the deposition of subcontractors who have been installing stucco, EIFS, manufactured stone
veneer, fiber cement panels and other claddings systems, only to find out that these subcontractors have never seen
the manufacturer’s installation specifications and details that explain how the materials or systems in question are to
be installed.

The liability of the architect, general contractor and subcontractors will vary from project to project. Specific
questions about the culpability of entities and persons involved in a construction project can best be answered by
counsel on a case by case basis.
IIA Code Professional Conduct

A code of conduct is a set of rules that outlines the duties and responsibilities of a particular person, groups or organization. All professions are bound by these codes, including
architecture which is a process of designing, planning and construction of buildings and other structures.

In India, just like other countries, architects do have codes of conduct. Indian architects are required to register with a government body called the council of architecture so that
one can be able to carry out the professional practice. It is illegal to conduct any architectural activities without getting registered by this body. When they register with this
body each architect gets a unique registration number. They also have to follow the Indians architects act 1972, which states the following.

All architects are to be bound by this act and are to follow it.

The council of architecture shall be the body responsible for all architects. Through this body contracts can be made. One can sue or be sued.

The head office shall be in Delhi unless stated otherwise by the central government, which will be put in the gazette.

Specifies the number of members who are to be on the council and there mode of election.

It talks about the registration of architects. That with them they should have their birth certificate, national identification card, relevant school documents and a degree from a
known institution.

Punishments to those who give false representation are also stated.

ARCHITECTS (PROFESSIONAL CONDUCT) REGULATIONS,
1989
F.No. CA/1/89.- In exercise of the powers conferred by sub-section (1) read with clause (i) of sub-section (2) of
Section 45 of the Architects Act, 1972 (Act No. 20 of 1972), the Council of Architecture, with the approval of the
Central Government, hereby makes the following regulations to promote the standard of professional conduct/
self-discipline required of an Architect, namely :-

1. Short Title and Commencement :

● These regulations may be called with Architects (Professional Conduct) Regulations, 1989.
● They shall come into force on the date of their publication in the Official Gazette.

2. **(1) Every architect, either in practice or employment, subject to the provisions of the Central Civil Services
(Conduct) Rules, 1964 or any other similar rules applicable to an Architect, he shall :-

● Ensure that his professional activities do not conflict with his general responsibility to contribute to the quality
of the environment and future welfare of society,
● apply his skill to the creative, responsible and economic development of his country,
● provide professional services of a high standard, to the best of his ability,
● if in private practice, inform his Client of the conditions of engagement and scale of charges and agree that
these conditions shall be the basis of the appointment,
● not sub-commission to another Architect or Architects the work for which he has been commissioned without
prior agreement of his Client,
● not give or take discounts, commissions, gifts or other inducements for the introduction of Clients or of work,
● act with fairness and impartiality when administering a building contract,
● maintain a high standard of integrity,
● promote the advancement of Architecture, standards of Architectural education, research, training and practice,
● conduct himself in a manner which is not derogatory to his professional character, nor likely to lessen the
confidence of the public in the profession, nor bring Architects into disrepute,
● compete fairly with other Architects,
● observe and uphold the Council's conditions of engagement and scale of charges,
● not supplant or attempt to supplant another Architect,
● not prepare designs in competition with other Architects for a Client without payment or for a reduced fee
(except in a competition conducted in accordance with the Architectural competition guidelines approved by
the Council),
● not attempt to obtain, offer to undertake or accept a commission for which he knows another Architect has
been selected or employed until he has evidence that the selection, employment or agreement has
beenterminated and he has given the previous Architect written notice that he is so doing : provided that in the
preliminary stages of works, the Client may consult, in order to select the Architect, as many Architects as he
wants, provided he makes payment of charges to each of the Architects so consulted,
● comply with Council's guidelines for Architectural competitions and inform the Council of his appointment as
assessor for an Architectural competition ,
● when working in other countries, observe the requirements of codes of conduct applicable to the place where
he is working ,
● not have or take as partner in his firm any person who is disqualified for registration by reason of the fact that
his name has been removed form the Register under Section 29 or 30 of the Architects Act, 1972 ,
● provide their employees with suitable working environment, compensate them fairly and facilitate their
professional development,
● recognize and respect the professional contribution of his employees,
● provide their associates with suitable working environment, compensate them fairly and facilitate their
professional development,
● recognize and respect the professional contribution of his associates,
● recognize and respect the professional contribution of the consultants,
● enter into agreement with them defining their scope of work, responsibilities, functions, fees and mode of
payment ,
● shall not advertise his professional services nor shall he allow his name to be included in advertisement or to
be used for publicity purposes save the following exceptions :-
● (a) a notice of change of address may be published on three occasions and correspondents may be informed by
post, (b) an Architect may exhibit his name outside his office and on a building, either under construction or
completed, for which he is or was an Architect, provided the lettering does not exceed 10 cm. in height ,
● (c) advertisements including the name and address of an Architect may be published in connection with calling
of tenders, staff requirements and similar matters,
● (d) may allow his name to be associated with illustrations and descriptions of his work in the press or other
public media but he shall not give or accept any consideration for such appearances,
 ● (e) may allow his name to appear in advertisements inserted in the press by suppliers or manufacturers of
materials used in a building he has designed, provided his name is included in an unostentatious manner and
he does not accept any consideration for its use,
● (f) may allow his name to appear in brochure prepared by Clients for the purpose of advertising or promoting
projects for which he has been commissioned,
● (g) may produce or publish brochures, pamphlets describing his experience and capabilities for distribution to
those potential Clients whom he can identify by name and position ,
● (h) may allow his name to appear in the classified columns of the trade / professional directory and/or
telephone directory/ website. **
(2) In a partnership firm of architects, every partner shall ensure that such partnership firm complies with the
provisions of the sub-regulation (1).
(3) Violation of any of the provisions of sub-regulation (1) shall constitute a professional mis-conduct.
Certification of Payment of Contractor

Many standard forms of construction contract require that certificates are issued by the contract administrator. Certificates generally
result in payment being made by the client to the contractor. These certificates can either be issued regularly during the course of the
works, such as interim certificates (normally issued monthly), or may signify that a particular stage has been achieved, such as
practical completion. This can trigger other transitions, such as the commencement of a lease or access for a tenant to commence
tenant works.

Typically, the certificates issued under a construction contract will include:

● Interim certificates.
● Certificate of practical completion (or section completion certificates where the works are to be completed in sections).
● Certificate of making good defects.
● Certificate of non-completion.
● Final certificate.

● There may also testing certificates for works and activities such as commissioning, electrical work, sprinkler systems,
building regulations, concrete cube crushing, cladding mock ups and so on.
The Housing Grants, Construction and Regeneration Act 1996 (also known as the Construction Act) provides for the right to be paid in interim,
periodic or stage payments, as well as the right to suspend (or part suspend) performance for non-payment and to claim costs and expenses incurred
and extension of time resulting from the suspension. In addition, the Act requires that if the client intends to pay less than the amount certified they
must issue a pay less notice setting out the basis for their calculation. Care must be taken to certify the correct amount, as over-certification followed
by insolvency of the contractor may result in the client making a claim for negligent certification against the contract administrator.

Other specific certificates may be required (some from third parties) on completion of different aspects of the works:

● Fire regulation compliance.

● Electrical completion certificates.
● Test certificates both for manufacturing and installation.
● Lifting beams tests and marking.
● Building regulation compliance.
● Pressure vessel and boiler certificates.

Particular licenses and certificates may also be required for specialist projects, such as nuclear, pharmaceutical, oil, gas, and rail projects.
Inspection During Construction of work

Construction projects involve the co-ordination of a great number of people, materials and components. Regular inspection is a crucial part of
ensuring that the works progress as intended, both in terms of quality and compliance. Inspections will be carried out for a number of different
purposes throughout the duration of a project.
The inspection process is separate from the contractor's own supervision of the works. Inspection is carried out purely to give an independent
view of the works either for the client or a third party, the term supervision might imply taking some responsibility for the works, when in fact
contractual responsibility lies with the contractor.
Inspection of the construction works will be carried out as they proceed to verify compliance with the requirements of the contract documents.
Site inspectors (or clerks of works) may be provided as an additional service by the existing consultant team, or could be new appointments. They may be
based on site permanently or may make regular visits. On large projects it may be appropriate to have separate site inspectors for mechanical and electrical
services, structural works and architectural works. Specialist inspections may also be necessary for specific aspects of the project such as; the client's
environmental policy, site waste management plan, accessibility, and so on.
Health and safety

Inspections are also necessary to ensure compliance with health and safety and CDM regulations. (Construction (Design and Management) Regulations). These can
be internal inspections carried out by the contractor, third party audits or external inspections by the Health and Safety Executive.
The CDM regulations themselves only specifically mention inspection in relation to excavations, cofferdams and caissons (and any work equipment and materials
which affect their safety), however, other health and safety inspections may be necessary in relation to:
● Prevention of falls and personal fall protection systems.
● Work at height.
● Work platforms such as scaffold and mobile platforms.
● Ladders and stepladders.
● Personal protection equipment, including head protection.
● Plant, vehicles and other equipment.
● Storage.
● Electrical systems.
● Asbestos risk.
● Provision of welfare facilities such as toilets and handwashing facilities.
● Site conditions and order.
● Avoidance of obstructions.
● Management of respiratory risks.
● Structural stability.
● Prevention of unauthorised access to the site.
Building control
Building control inspections are carried out to verify compliance with the building regulations. These can be carried out by a local authority building control
inspector or by an approved inspector. Inspections may be required for:
● Excavations, before filling.
● Foundations before covering up.
● Damp proof course.
● New drains before covering up.
● Ground beams and steelwork.
● Insulation.
● Roof construction.
● Completion.
Other inspections
Other inspections might include:
● Planning inspections to verify compliance with planning permissions, conditions and obligations.
● Inspections by funding bodies for the release of money.
● Inspections by insurers.
● Highways Authority inspection and adoption of roads and sewers.
● Environmental Health Officer inspections related to pollution (mud, noise, smoke, water) and certain installations (such as drainage and kitchens).
● Fire Officer inspection of fire escapes, and for hazards, storage of certain materials and protection systems.
● Archaeological inspection of excavations.
● Factory inspectorate.
● Health and safety inspectors.
NB: In a submission to the Inquiry into the Construction of Edinburgh Schools in 2016, The Royal Incorporation of Architects in Scotland (RIAS) criticised the
transfer of responsibility from construction professionals to other parties less involved with the design process and sited the dilution of the role of the design team
as one of the causes of poor quality construction.
Scale of Charge: Units and mode of
Measurements

There are several kinds of estimating techniques; these can be grouped into two main categories

1. Approximate estimates
2. Detailed estimates

1. Approximate Estimates
An approximate estimate is an approximate or rough estimate prepared to obtain an approximate cost in a short time. For
certain purposes the use of such methods is justified.

2. Detailed Estimate
A detailed estimate of the cost of a project is prepared by determining the quantities and costs of every thing that a
contractor is required to provide and do for the satisfactory completion of the work. It is the best and most reliable form of
estimate. A detailed estimate may be prepared in the following two ways

(a). Unit quantity method

(b). Total quantity method.
(a) Unit Quantity Method

In the unit quantity method, the work is divided into as many operations or items as are required. A unit of measurement is decided.
The total quantity of work under each item is taken out in the proper unit of measurement. The total cost per unit quantity of each
item is analyzed and worked out. Then the total cost for the item is found by multiplying the cost per unit quantity by the number of
units. For example, while estimating the cost of a building work, the quantity of brickwork in the building would be measured in cubic
meters. The total cost (which includes cost of materials. labor, plant, overheads and profit) per cubic meter of brickwork would be
found and then this unit cost multiplied by the number of cubic meters of brickwork in the building would give the estimated cost of
brickwork.

This method has the advantage that the unit costs on various jobs can be readily compared and that the total estimate can easily be
corrected for variations in quantities.

(b) Total Quantity Method

In the total quantity method, an item of work is divided into the following five subdivisions:

(I) Materials

(II) Labor

(III) Plant

(IV) Overheads

(V) Profit.
Standard Method of Measurement of Building Works:
The different methods of measuring used by various Central and State Government departments and by construction agencies were found to be a
serious difficulty to estimators and a standing cause of disputes. For this reason a unification of the various systems at the technical level had been
accepted as very desirable and wanting.
Although the standard has no legal sanction and as such need not be adopted unless it is referred to in the contracts.

Principles of Deciding Unit of Measurement:

A beginner may find it difficult to remember the units of measurement of different items. Memorizing of units of measurement would be greatly
simplified if he knows the principles kept in view while selecting the units of measurements. Following are the most important principles of
selection of unit of measurement:
1. The unit of measurement should be simple and convenient to measure, record and understand.
2. It should be one, which provides for fair payment for the work involved.
3. In the result it should yield quantities, which are neither too minute nor too large.
4. The price per unit should not be a very small figure or a very large one, that is, generally costlier items will be measured in smaller units, cheaper
ones in larger units.
5. The unit of measurement may sometimes depend upon the unit for the raw material and/or labor and/or important dimensions. For example, stone
masonry is measured in cubic meters because raw materials are measured in cubic meters plastering or pointing is measured in square meters, as the
labor is considerable.
Negotiated Tendering

Negotiated tenders are obtained by the employer inviting a contractor of his choice to submit prices for a
project. Usually this is for specialized work or when particular equipment is needed as an extension of
existing works, or for further work following a previous contract. Sometimes negotiated tenders can be
used when there is a very tight deadline, or emergency works are necessary. A negotiated tender has a
good chance of being satisfactory because, more often than not, it is based on previous satisfactory
working together by the employer and the contractor. When invited to tender the contractor submits his
prices, and if there are any queries these are discussed and usually settled without difficulty. Thus
mistakes in pricing can be reduced, so that both the engineer advising the employer and the contractor
are confident that the job should be completed to budget if no unforeseen troubles arise. However,
negotiated tenders for public works are rare because the standing rules of public authorities do not
normally permit them. But a private employer or company not subject to restraints such as those
mentioned in the next section can always negotiate a contract, and many do so, particularly for small
jobs. Even when a negotiated tender is adopted it is usual to prepare full contract documents so that the
contract is on a sound basis. Production of the documents also means they are available for open or
selective tendering should a negotiated tender fail, or should the chosen contractor be unable to
undertake the work.
Negotiated tendering occurs when the client approaches a single supplier based on their track-record or a previous
relationship and the terms of the contract are then negotiated.
Negotiating with a single supplier may be appropriate for highly specialist contracts (where there may be a limited
number of potential suppliers), or for extending the scope of an existing contract. It can give the client the confidence
of working with a supplier they already know, can reduce the duration and costs of tendering and can allow early
supplier involvement.
However, unless the structure of the negotiation is clearly set out there is the potential for an adversarial atmosphere
to develop, even before the contract has been awarded. Carrying out negotiations in the absence of competition so
that both parties feel the outcome is fair can be complex and time consuming.
Negotiated tendering can be seen as anti-competitive and exclusive, with the potential for ‘cozy’ relationships to
develop between the client and the supplier. Negotiated tendering may not be permitted by some organisations due to
the perceived lack of accountability. On public projects, or projects that include a publicly-funded element it may be
necessary to advertise contracts. This is a requirement of the Public Contracts Regulations, intended to open up
public procurement within the European Union and to ensure the free movement of supplies, services and works (see
OJEU for more information).