Bool. Repl waaay Ae MUM. Lene PROFESSOR: a . PRACTICE” CONTRACT & ARBITRATION) S. M. Patel School of Studies & Research in FOR Architecture and Interior Design VALLABH VIDYANAGAR-388120 ARCHITECTS, ENGINEERS, LIBRARY UERS. p20" SURVEYORS, VALI 2 —_—__ hia ane CONTRACTORS, BUILDERS 7 Boop) AND STUDENTS 1. Please keep the book clean, protect it from rain and do not in any way damage or deface it, Any damage done to the book will be charged for, PRICEY Rs. 250.00 NAM . apa ~~ 72° 236(PRPROFESSIONAL PRACTICE (WITH ELEMENTS OF ESTIMATING, VALUATION, CONTRACT & ARBITRATION) FOR ARCHITECTS, ENGINEERS, SURVEYORS, ‘VALUERS, CONTRACTORS, BUILDERS AND STUDENTS B yy: DR. ROSHAN H. NAMAVATI BLE. (CIVIL) HONS., LLM. PH.D. (LAW) FLA, FE. PLS, Ad. ARB. ARCHITECT, ENGINEER, SURVEYOR & REGISTERED ESTATE VALUER EX-VISITING LECTURER : SIR J.J. COLLEGE OF ARCHITECTURE FIRST GOLD MEDALIST: THE INSTITUTION OF VALUERS, NEW DELHI NINTH REVISED EDITION (2008-2009) LAKHANI BOOK DEPOT Sunder Bhavan, Raja Ram Mohan Roy Road, ‘Girgaumn, Mumbai 400 0C4 Phones = 23854356 — 23850016© Dr. Roshan H. Namavati No part of this book shall be reproduced, reprinted or translated for any purpose whatsoever without prior permission of the author in writing. First Edition 1965 Second Edition 1969 Third Edition 1982 Fourth Edition 1984 Fifth Edition 1988 LIBRARY Sixth Edition 1993 es east Geevieed) Vidyanagar Seventh Edition 1997 (Revised) Eighth Edition 2001 (Revised) Ninth Edition 2008-2009 (Revised) Published by : Mr. Anup Lakhani, LAKHANI BOOK DEPOT, Sunder Bhavan, Raia Ram Molan Roy Road, Girgaum, Mumbai 400.004 Phones : 23854356 — 23850016 Printed and bound ty: ‘M/s. Decora Printers, Mumbai PREFACE TO NINTH EDITION ‘The Ninth Edition of my book also takes bitth in the new Millennium which calls for certain guidelines to be laid down by the architectural professional bodies including Council of Architecture. Debates are going on, relating to changing trends in architecture, Such a changing trend was seen in 20th century which gave birth to landscape architecture. as a specialised field, In order to frame rules and regulations and code of conduct as also fees 10 be paid to my professional brothers, to work with foreign architects in thet new Millennuium calls for some guidelines from Couneil of Architecture as well as from the Indian Institute of Architee's. Besides the above the new Arbitration and Concillation Act 1996 has opened out more area for ‘Architects in professional field either as the Arbitrator appointed by the party or appointed as presiding arbitrator. This calls for details about the subject of LILA. Contractual Machinery and Damages which has been covered by me ‘under Chapter 11 besides the other chapters have been retained and modified wherever needed, Chapter 12 is anew addition. With this introductory observations I have great pleasure in presenting this Ninth Edition of my book tomy esteemed readers as also tomy architectural students and brothers, express my gratitude to all the authorities cited in this book as also iy thanks to M/s, Lakhani Book Depot for their co-operation in-printing this revised Ninth Edition Iwill be failling in my duty if do not express my gratitude and thanks to Professor Madhav Deobhakta who has expressed a lot of appreciation ‘on my book on ‘Professional Practice’ in his book recently published known as Architectural practice in India (1997 Edition). Professor Madhav Deobhakta’s said book forms a valuable addition to the books existing on'the subject of professional practice and bound’ to be vade-mecum in the field of architecture. . Dated : : Dr. Roshan H. Namavati Ist September 2008CONTENTS CHAPTER 1 The Architect As An Artist Administrator CHAPTER 2 Dignity And Integrity Of Profession (Code Of Conduct And Fees) CHAPTER 3 ‘Architectural Competitions CHAPTER 4 Duties And Liabil In Profession CHAPTER 5 Estimating CHAPTER 6 Methods Of Estimating And Cost Planning CHAPTER 7 Building Cost Index CHAPTER & Estimated Cost Of High Rise Structure CHAPTER 9 Tenders CHAPTER 10 Contract And Problems Arising Therefrom CHAPTER 11 LLA. Contractual Machinery And Damages CHAPTER 12 Administration Of Building Contract, CHAPTER 13 Arbitration And Conciliation (Condition Nos.55 & 56 OF LIA. Form Of Contract) bu 12-29 30-41 42-80 81-91 92- 98 99 - 108 109-114 uis- 144 145-255 256-306 307-320 +321 -342 | I CHAPTER 14 - Fire Insurance CHAPTER 15 7 aw Relating To Repairs, Dilapidations, faste And Fixtures HAPTER 16 one Elements Of Valuations ~method, Techniques, Other Techniques And Nlustrative Examples ‘° CHAPTER 17 / Basis For Standard Rent CHAPTER 18 Vv Land Acquisition + CHAPTER 19 Easements + CHAPTER 20 ‘Units And Mode Of Measurements CHAPTER 21 Rate Analysis APPENDIX, i) Two Bullock Cart Capacity ii) Cost of Landscaping iii) Cash Flow Chart iv) Index 343 - 356 357-378 379 - 428 429-449 450 ~456 457 - 469 470 - 486 487 - 532 533 533 534 535-539t f } CHAPTER 1 LEER THE ARCHITECT AS AN ARTIST ADMINISTRATOR ‘The architect along with others stands inthe preference line of laurels because of his creative instincts, cretion of architectural monuments out of nothing which last four centuries unfolding past history of civilisation ete: To bring to Kite his work, he bas to depend upon the eliet and the contractor. This dependency onthe said two persons expands his field fiom being an artist (o becoming an artist-administealor, involving something ofa businessman and something of lawvey inspite of business clement can one cal arehites’s profession a ade or a business? Architects Profession ‘Trade Business The word “Architect” is derived from the Greek word “arch” meaning “‘chiet” and the word “tekton” meaning “carpenter” or “builder”, nd hence architect is rightly called the Master Builder. He is"an alist t a major extert as his works require taste, skill, technical leaming and ability of high and rare kind along with business acumen. Professional field with its wide wings encompasses in it various disciplines like law, medicine, accountancy, business management etc., and architecture also finds an equally important place in it. The architect is a part and parcel and active member of the family of professional brotherhood in general and does not belong to trade or business circle, inspite of the fact that the profession of an architect is a meeting point of art and business without which the creative ideas of an architect vill remain on papers, as commercial enterprises and finencial expenditures open the doors to the creative'instinets of an architect. a Noble Creative Profession and not a What is Profession? Profession means one that involves some branch of learning snd science and is normally associated withthe exereise of inlllectal of technial equipment Fesuliag Won Tring or lence Te is toe Gttusinessfocludes any snide commiereé i sianufactiving or any profession, the profits of which are chargeable fo incime-ax, Thus, the element of profit is present in all yet the profession oT areifetditingithes fom trade or business on account of various characteristics and specily the profit element, This oft element is not the primary purpose in architecture esis poston isin business or ‘Fite ere achtocie tis secondary or an incidental on, te primny bing Te noble sesh creaion Whore Weve nothing. This eeaion is meautnot ony forthe sent generation having profound effects on thelr lives and those of their children. 1PROFESSIONAL PRACTICE, field of arel be clear that profession of architect differs widely from trade or business. Tfone were to analyse the definition of “Architecture” and “Architect” it will Architecture has been defined as the art or science of design. Construction, style, appearance of any structure with aesthetic Character: In a restricted sense, if may be termed as fine'art, method| of erecting an edifice characterised by peculiarities of ornamentation] land desigr especially pleasing to the eyes. Architect has been defined in| ‘one English decision as one who possesses, with due regard to aestheti ‘as well as practical considerations, adequate skill and knowledge t ‘tnable hin (i) to originate, (i) to design and plan, (ii) to arrange for ‘and supervise the erection of such buildings or other’ works calling for| ‘Skill and design in planning as ke might in the course of his business. reasonabl; be asked to carry out or in respect of which he offers his| services as a specialist. ‘ ‘(Refer p. 38 of Hudson’ Building-Contract 1959 Ed) Itis submitted with respect that this definition is required to be, enlanged at presentin our country.due to the Architects Act, 1972 by adding the words: “and whose name has been entered in the register maintained by the Council of Archit@eture”. ‘As Section 37 of the said act prohibits use of the tile “Architect” with ceitain exceptions. ‘The above definition of the “Architect” ‘a trade or business. Like other professions which are considered as noble where the governing factors are gthics, code of conduct, and public services, the profession of architect does possess these ingredients. Ethics ip hat bemeh of foal science which treats the duties which a member of architectural profession owes to: @) (b) ©, (a) G) Clients. Calling he has opted out for, Council of Architecture ot to the institute in which he is # member. Professional brothers. ‘Community. ‘Acompurativeanalsi ofall the above willrvealtowhatextentthearchitet’s profession is # noble creative profession and not a trade or business. has used the word “business”. “Business” isa word of wide import which will also include profession yet architecture is not business of trade for the architect does not manufaeture any comm purchase any commodity for the purpose of sale or resale _Encept fr ik disintodste-seesios Thus, fnetion Wise archien’s profession 550 He has nothing to sell | | | Clients 0 «i «iy Gv) w) ‘THE ARCHITECT AS AN ARTIST ADMINISTRATOR He is employed by the client as an agent with limited powers to complete the work in economical and efficient manner. Thus he in al trades and business, however 5 5s do exercise rigid quality control as well ds efficient services. It wll be interesting here to make @ reference tothe care in quality control toa case which had come before the Court of Small Causes at Bombay where a lady filed a suit against te businessman for damages asthe colour of sari purchased by her had faded away withina very shor time and she was ranted to relief. He represents to the client that he has and will exercise reasonable care and skill without nesligens Hee owes to his client a fiduciary duty tact loyally and in good faith and he is bound to make full disclosure of all mates relev ‘which the ownér should know which element is nol fo ‘business fm_general.— “Tine: client reposes full faith in his honesty, ability and skill as his “works “Hie is remunerated solel eos fig the client or by salary fom his employer and be is debarred from accepting any ide or Calling he has Adopted out for Calling he has adopted imposes on the architect dual positions, viz: (@) —Toact as an agent of the client; (b) To-actas a quasi arbitrator to interpret terms naditions of the contract; which dual position Ts absent in trade and business, ‘Pegaes THE ABOVE calling requires certain good norms to be observed by him which norms may or may not be the ingredients of business or trade, namely: ® Gi Gi) @) w ‘Not to assume or aecept any postion in which his interest may be in conflict withthe ealling He has to comply with all rules and regulations ofthe local or other authorities confflling the development of the place in which he ‘Frscticing — He is WOT Supposed to delegate his powers to his clerk of works. He Gannot mislead the contractor by his negligent or WaudUTent mis- Tigent certificates statements or n “The cafling he has adopted shows that the architect gets work or clientele byPROFESSIONAL PRACTICE (® his previous jobs: () recommendation by ends ()spectaizaton in certain fils; (@) saci contacts 6) tough Compelons. He can hot ove Wa Usage advertisement which element Ts present in some of the business and wades Irshoutt be ‘GOTETTNE a ST Wars by adversement or OBUATING WOAETROGEN ous are shunned by the profesion of architect As regard ade and besinessadvectsemnent i common feature ofthe day. The failure in duties and obligations cast on the architect may lead to rofessional misconduct and thus attract Section 30 of the Architects Act, 1972. Council of Architecture or Member of an Institute. As registered architect or member of a recognized institute, he is to obey all rules and regulations of those bodies, so as to avoid professional misconduct. Based ‘on the definition of professional misconduct as given in a Case Law, the professional misconduct with reference to the architect may be defined as under: “If 1 is shown that an architect, in purswit of his profession has done something with regard 10 it which would be reasonably regarded as ‘THE ARCHITECT AS AN ARTIST ADMINISTRATOR Gi) Is one ofthe main contributors in piblis health, safety and welfare; (ii) Leaves his niomuments for the guidance of future generations: (iv)__Debigns Tow cost housing for economically weaker section of the sSeiEiy a IMIS OTE his helping Hand n wiping ou socal tears of the dovintrodden,- a All the-above aspects clealy justify thatthe profession of an architect is a _Boble creative profession and not a trade or business, Option on Entering the Profession Leaving aside the option of joining the Government services or statutory tundertakiogs, this chapter centres around the architect in praclies Asitvey- carried “OuEWA Te ew entrants for architectural education will show that practically every ‘one goes infor the said training with final destination as private practice, Some reach zenith, some climb the ladder halfivdy and some remair atthe Doliom of laddex Yet, one important aspect to be noted in all th architects either at zenith or at bottom oF the ladder is thei er sat ction. His jab satisfaction ‘at times even supersedes the financial aspects and that is why a number of archteste eer ender ant wate ofa servees for public pupor sd Tor religious and chantable Tstitulions either fee af. al fees to cover Misconduct is sufficiently comprehensive to include: rmance of lawful act, (Improper ps «a formance of an unlawful act. | Gil) Any conduct which brings ~ (a) reproach to architectural profession. (®) unprofessional acts though they may not be unlawful Professional Brothers He has a duty to his professional brothers in as much as he should not exhibit spirit of unhealtiy competition by reduction of fees or offering other inducements to Clients; not to supplant his fellow brothers. ——ewVe Seen ere Ses wal mavaits sats fx inkomplan Jo tay ane en ue cited annie ane r nconpete cae ‘As compared to trade or business his services to the community are not less important in as mich as he: (Originates the designs of structures as well as create’ forms with aesthetic effects; | TEs or he architect to study the problems of oaniaen, wating ati of services and producvi: He mat aio poses elementary koedge of hook kesping,rsads, ling, eomespondeee At ihe Oman plese S ‘Wehitect has got the following options: ' (®) To buy a practice, or may inherit a practice. (©) To work in a firm or climb the ladder of promotion to the stage of becoming 4 principal or a partner of the firm; or leave the frm and start on his own, (© To win competition and start his own practice, @ Individual joining together and starting a practice as partners. ‘While running his own office alone the architect will have to face the following shortcomings: 1) As the principal he has to do all techniéal and research work himself and he ‘will thus lack in good technical informations. 2) Less productivity and hence he can not achieve the highest technical and design standards. 3), Along period of experience is required to handle big projects. 4) Continuity of work is difficult to maintain. 5) Cannot satisfy the clients so far as the speed is concerned. 6) No vacation for the principal and when he is ill, work i likely to suffer.PROFESSIONAL PRACTICE However, if the architect works in a well established firm, he stands to following advantages: 1) Pleasant atmosphere, location, situation, etc 2) High salary. 3) High standard for design and is presentation. 4) Sufficient time available for research, 5) Able to handle big projects within a st time By developing and expanding his “one man practice” the architect gradually assumes the positon ofa “Principal” anda stage might come when he simply becomes seecdnistadmninstotor™. The Prinipal isthe chief man in the office with legal and Financial responsibilities, “The duties and responsibilities ofthe principal are 1) To keep a steady flow of work so as to maintain the high standard of his wie 2) To take an active part inthe social activities, 3) Co-ordimiing the works of various consultants so as to obtain the desired result witout any hiteh and delay. 4) Properdsstribution of work among the members of his staff 5) Atend ip contac, cost planning, and time limit forthe completion of tbe 6) Financing ofthe office, Io TulFling his obligations by presenting a convincing solution to his cient, the Principal at times is affected by the following external frees: 1)” Insufficient time allowed by the elient for designing. 2) decisions of the cient. 3) _Riseinprices, 4) “Poor organization of the office. 5) “Slow approval ofthe proposal by the local authorities. ‘When fe architect or enginer start his practice, he has to fae two problems, vie (0) ofc neuding is manages and administration for he ney SO efficiently in good management and administration js money Eammet: (6) to secure He “Tibis who are the life and Blood for his very existence How to Secure Clientele "A client usually expects that one who undertakes his work Ha the knowledge and skill to implem i e proper execution of the work. Although the Fitect is not expected to display more than average skill, there are many who have teached a distinguished position of pre-eminence, but such pre-eminence is not to be expected from al the professionals in ordinary walk of any profession. Ttwould be unprofessional for the architect to tout for business, or allow his, staff to do £0. He can secure the clients in the following ways: 6 “THE ARCHITECT AS AN ARTIST ADMINISTRATOR: (@ Through social contacts. Gi) ‘Through acquaintances and advocates Gi) By recommendations from his past clients provided they are satisfied «with his servi ena (3) "By specialization in certain fields like cinema planning, hotels, accousties, et a (¥)_Bytaking partin competitions, seminars, conferences and contributing to technical journals. a (wi) By goodwill ofthe firm, (vil) By suggesting a schems to the government or a local authority for development. is gation. Office and its Management ‘The office forms one of the important aspects of practice and as such he should plan the layout for his office in such a way that itbecomes functional. He has to See to it that no over crowd lace and that su‘ficient lis oe Soauble tots meres of is sta Unless ef hinselfnciodica. he cannot eae of aisptne i is afl He sould also ber the following pins in vain —_—or Tis office shouldbe located in prominent and convenient place 2) His eabin should bear some evidence of is profsions status 3) He should ange hi appointments so tht his cents dont have to wait for slong time 4) He should be ready for discussion his clients on the appointed date with al informations at hand. 5) Prompt atiention to Correspondence and filing. 6) Catalogues and samples should be properly range. 7) Sufficient ime should be devoted to she staff 8) He should possess a good library Before discussing the problem of managemert and administration of an architect's offic, it will Be worthwile to recapitulate his functions which will have a lose beariog to the sad problem of management. His functions are: 1). Collection and analysis of clients instructions to understand What he needs. 2) Discussion with the client on appointment of consultants, contract procedure, target cost and time period. 3) Scheraties to wransate cies requirements on papers (grpt writing). 4). Preparing dtiled plans and ging the same agproved from lel authori. 5) Preparing working drawings. 6) Tender work and contract stage. 7) Site supervision, discussion, ete. 8) Final completion stage and record plan. 7I cm gs mee em PROFESSIONAL PRACTICE ‘The architect can fulfill his obligations given above in the éapacity of “one rman” show or create a balanced technical staff. In both the cases, it will be essential to have some time for maintaining the continuity of the work, so that the office runs smoothly. A small office or a big firm, the architect will have to analyse and answer the following in terms of job satisfaction, and time spent in relation to the professional fees earned: (i) To what extent the elient is consulted during the preliminary stage, to know his requiremenis, target cost, ec. Gi) Man hours required to prepare a schematic and extent of research essential for it, Gil) How to select consultants. (iv) Whats the extent and degree of preparing working drawings? (v) To what extent principles of cost planning have been kept in view during the process of design and execution of the work. (vi) Whether full use has been made of the experience gained and research work done for the new project, (vii) Whether aesthetic consideration, and form of the building create a balance situation, (viii) Out turn of technical and non-technical staff ‘The fact cannot be denied that the salaries of the technical staff will be far ore as coripared to the salaries of non-technical staff. Hence, it will be essential to analyse man hours spent by the technical staff on the following: (i) Drawings, design, revision, checking (a dominant activity) (i) Meetings, discussions, telephoning and site survey. Gil) Site supervision, (iv) Reference to technical or trade literature (W) Time for research, (vi) Correspondence and report. (vii) Staff supervision and directing activities of team, Structure of an Arehitect’s Office (@) Principal may be self or partner or a senior assistant. (b) Assistant Architects (©) Architectural assistants, © Quantity euveyor. (©) Office manager. () Accounts clerk. (@) __ Steno-typist. (i) Typist-cum-telephone operator, ® —Peons, ete ‘THE ARCHITECT AS AN ARTIST ADMINISTRATOR, In case of big firms, secretaries are usually employed either common to all principals or one for each. Science of Business Management and Architects “Management has been defined by Harold D. Kootz asthe art of gelting things Sone sua and with people in omellyorsnized group. THs definon i ely suitable to the architect, a Master Manage WHO REST aChTeve his objectives by co- ordinating the activites of complex groups of individuals rather than performing all nertns by hms. The rites business ast nding clients money and technology as it feals in plannin; ahead ofthe time jontrolling and co-ordinating the activities. Thus, alt principles of business management will apply with equal force to the profession of architect too, An efficient administrative organization can lighten the work load of technical staff. “The factors responsible for the mismanagement of an architec’s office will be: @) No proper setting ofthe objectives and no proper programming to achieve the (©) Noproper organizing, staffing nd directions. (© Noproper control, ‘These will result in the architect not being able to: (@) — Toco-ordinate work ofthe group. (©) Canmot keep up schedule time limit and cost planning i shatered. (©) Cannot produce clear drawings, working drawings, depicting half hearted labour, a eee (@) Cannot give decision in time and if decisions are given, the same are not clear but ambiguous. — Ifan architect desites to un his office on medcm lines, he wil have to apply principles of management keeping the following objectives in View: (@)_ Tosetup the ultimate gos (©) Analyse and identify the problems. (Plan out of work, (®) Organize for implementation. © Direct the execution. (Check performance of work as well as staff during execution (@) Final completion, research and audit including financial outcome so far as architect's office is concemed. (8) Fees received per man hour put in. (Staff salary as percentage of gross receipts G+ Overheads as percentage of sa salary or percentage of gross receiptsWH AE PROFESSIONAL PRAC’ GENERALACCOUNTING Balance sheet Tis a sheet of balance which ought to show a true and fair consult their legal experts on the applicabilities and extents of applicabilites of the following Acts as the extents of applicabilities change from time to time. ‘THE ARCHITECT AS AN ARTIST ADMINISTRATOR In the above connection the architects and engineers are well advised to and Credit, A well known rule given hereunder will be helpful for reading of the profit and loss account. i) Debit what c ii) Debit the receiver and credit the giver. in and credit what goes out iif) Debit all expenses and losses and credit all incomes and gains.As per the amendments in the Income-tax ‘Act, 1961, the architects and engineers are required to maintain the proper books of account, the chief of the same being: 1.2 and 3. Petty Cash Book a ‘Records of cash transactions of small value. The account clerk is usually given a small sum of Rs. 200 to Rs. 300 p.m. ‘and he will spend the same as directed on petty purchases, eg. purchase of “D.C. Rule Book” or binding charges of a book, paid to mazdoor, cost of stamps, etc ‘Cash Book @) Tt records all transactions of income as well as expenses. Ledger (3) It contains a summary ofall the items of cash book and other books if any. 10 view ofthe stte of affairs ofa business thas got two 1) The Indian Income Tax Act, 1961 colurmns, viz, asets and bilities. 2) Sense wx, From -7-1598 Assets (@) Fixed assets (tangible assets): 3) The Payment of Bonus Act1965. ¢ Lad, buildings, plants and machineries, furnitures and |, 4) ‘The Employees’ Provident Fund ad Misoellaneaus Pinion Act 1952 fittings, vehicles, ete | 3) The Payment of Gratuity Act, 1972 (b)_ Intangible assets: 1 9 Te ate Tax on Professions, Trades, Callings and Employment Goodwill, patents and trade mark. The assets are long- | cts teri use ofthe funds or benefits which are spread over | | a fong period of time. I Tiabiies | Wohows the obligations ofa caterpve to various paies | | including to owners who have financed the project. The i obligations may be actual or potential, may be compulsory) | or voluntary, may be foreseen or unforeseen, may be recurring or nonrecurring Profit and Tr shows the reslt of operations of an enterprise atthe end Loss Account | of every financial year. thas also two columas, viz, Debit4] CHAPTER 2 sere DIGNITY AND INTEGRITY OF PROFESSION (CODE OF CONDUCT AND FEES) ‘The Council of Architecture incorporated under the Architects Act, 1972 has. got a number of publications to its credit. Out of the above at the students” level at least the following be studied: (@) Architects (Professional Conduct) Regulations, 1989. (©) Architectural Competitions Guidelines. Couvcil of Architecture has been constituted as per Section 3 (1) of the Architeets Act, 1972 and it has a number of fimetions and powers. Section 45 provides for the said powers of the Council to make regulations for architectural education, standards of professional conduct and etiquette and code of ethics. Thus, the Council's ‘own regulations on the code of professional conduct, architectural competitions and professional charges which will have a binding force on alt the registered architects. ‘The Code of Professional Conduct Forming Index to Uphold the Dignity and Integrity of the Profession ‘The Architect is a person who creates speaking monuments out of nothing. He has notte be an astist alone but also an administrator and something of a lawyer. Besides owitg duties to his clients, fellow brothers and employees if any, he owes & dluty to the society in general. In this complexity of duties certain rules of behaviour called the Code of conduct are absolutely essential and the architect without Code of Conduct will resemble a rudderless ship. In éxercise of the powers couferred by Section 45 0° the Architects Act, 1972, the Council of Architecture has published the regulations dealing with the professional conduct which regulations are known as “architects (Professional Conduct) Regulations, 1989. It is a comprehensive code pinpointing the extent of duties of the architect to the society, dient, fellow brothers, etc, and sets out in detail architect’s behaviour and or approact to the various problems coming from various directions. It isthe code of conduet or rules of behaviour in profession which will generate not only confidence in the architact but inculcate in him self-discipline and make him a well respected and efficient architect. It should be remembered that a true professional is ove who is tield in high esteem by his own professionel brothers and if he is condemned by his ‘own professional brothers, perhaps that architect will have to set in motion a heart searching exercise to find out where he has gone wrong. : ' k | | | i i i | t Architect and Society 1. He mist ensue that his professional activities do not conflict with his general responsibility to eontibute to the quality of the environment and future welfare of the society 2, He shall apply his kil tothe creative, responsible and economic development of our county. He has to promote the advancement of architecture, standards of architectural education, research, training and practice. 4, He must 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. 5. When working in other countries he must observe the requirements of codes ‘of conduct applicable to the place where he is working. Architect and Client ‘The client is the life line of the architect and he must have 2 client to set his professional whee! in motion. So far as the client is concerned the take-off point ‘commences with a duty imposed on the architect to provide professional services of a high standard to the best of his ability. Other rules of conduct are as under: @ _ fin private practice, to make know one's client about the conditions of engagement and scale of charges and to agree that these conditions shal be the basis of his appointment. Gi) Not to sub-commission another architect or architects the work for nnsent of the client, Gi) He is prohibited to give discounts, commission or other gifts or inducements for the introduction of the client or to obtain the work. He n a high standard of integrity (iv) Even thongh he has been appointed by the client and he is his payrhaster, yet he has to act with faimess and impartiality when administrating @ building contract. ‘Though the Professional Conduct Regulations rohibit architect to advertise his professfonal services, as also prohibit his name to be included in the advertisement or tobe used for publicity purposes, yet these prohibitioss do not partake as a total ban ‘but some certain exceptions have been carved as given herewider: (@) A notice of change of adress may be published on three occasions and correspondents may be informed'by post. (©) Anarchitect may exhibit his name outside his o“ice, and on a building, either “under construction or completed for which he is or was an architect, provided the letting does not exceed 10 em. in height 13PROFESSIONAL PRACTICE, (© Adverisements including the name and address of.an architect may be published in connection with the calling.of tenders, staff requirements and | similar matters. - i (@ 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 appearance: (©) 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, pyovided his name is included in an unostentatious manner and he does not aceept any consideration for is use. (© Mayallow his name to appear in brochure prepared by clients for the purpose of advertising or promoting projects for which he hes been commissioned. (@) May produce or publish brochures, pamphlets describing his experience and capabilities for distribution to those potential clients whom he can identify by name end position. : A (©) May llow his name to appear in the classified columns’ of the trade/ professional directory and/or telephone difeotory. i Architect aad his Brothers in Profession ‘The architect isnot to supplant nother architect and has to compet fry with} other architects: To compete fairly does not encompass reduction in fee or offering | inducement to the client. If an architect has been selected or employed for 2 job on Which another architect had previously been employed, he shall nt attempt to obtain or offer to undertake or accept commission for that jeb, unless he has evidence that the selection, employment or agreement with the previous architect has been terminate. Moreover, fe as to give notice to the outgoing architect that he is undertaking that job. However, tere is a self-imposed code of conduct among the architects not to take away the work of frst architect tll he gives his no objection cerifcate. The retiring architect can have no objection for the.substituted architect. coming in, provide his, professional dues are paid up. Hf the retiring architect still refuses 10 issue ro objection certificate, setting aside the offer of payment of reasonable amount of professional fees, the substituted architect can take over the work without inviting any misconduct except substituted architect has to give due notice tothe first architect. ‘There i one exception tothe above and that is at preliminary stages of warks, the client, may. consult, inorder to select the architect, ftom many architects a8 he wants provided he makes payment of charges to each of the architects so consulted Architect and his Employees, Associates and Consultants ‘The architect isto: (@ ~ Provide bis: employees and/or sigsodiaies with suitable working | environment; compensate them fairly and facilitate their professional development. “4 DIGNITY AND INTEGRITY OF PROFESSION Gi). Recognise and respect the professional costtibutions of his employees andlor associates and/or consultants. Enter into agreement with them defining their scope of work, responsibilities, functions, fees and mode of payment, General "The Code further puts a restriction on the architect to take another architect as aapariner if the latter stands disqualified for registration by the reason of the fact that his name has been removed from the Registér under Section 29 or Section 30 of the Architects Act, 1972. : ‘On the other hand if an architect practises as a artner in @ partnership firm or is in charge and is responsible to a company registered under the Companies ‘Act, 1986, forthe conduct of business of such company, te shall ensure that such parnership firm or the company as the case may be complies with the Architects (Professional Conduct) Regulations, 1989, Condition of Engagement and Scale of Professional Fees and Charges ‘When an architect undertakes 2 job, his fees are usually agtecd in advance cor may not have been agreed upon. Ifthe fees are not agreed upon, the same may resull in straining of the relationship with his lient and Ultimately may terminate in a legal suit for recovery of his dues. The Hon"ble Court while deciding the reasonable remuneration ofthe architect either on Quantum Meruit or otherwise may look to the scale of fees as laid down by relevant professional body, which here willbe the Council of Architecture. However, the following aspécts about the fees should be not (@)_tthere i an agreement between the owner ang an architect about the fee, the anne wil bo Binding on both the partes. In this case the sale of fees of| the Courell wil have no aplication. When te agreement provides that the creitons of engagement and scale of feos willbe such as are prescribed by theCourcl, tie samecan be enforced. Even in sich csea the Hon'ble Cours wt ook to tho rat compliance of te regulations bythe architect (0) When the architec proceeds with the woik witout motioning his TRuerston, he will be eniled to rsonele remuneration based on Quantuii’ Meruit, In fixing reasonable remunzration, the Hon”ble Courts tray Consider scale of fees of Council vis sid tht HHn’ble Cours have Feguenty caprested amply towards profesional seale of every kin ‘However, Donald Keating in his book known as “Building Conracis”, (1978 252) quotes the ease of whipkam Vs. Ever, which shows fo what ‘extent scale bf fees may be Considered by the Hon’ble Courts: “rn Whiphaty Va Bert building otk bad tbe abandoned s the tenders reseed wete wo high Eaninent architects wer called 9 prove that in such a 15PROFESSIONAL PRACTICE DIGNITY AND INTEGRITY OF PROFESSION : case the architat be pa for plans an preliminary work on percentage basis { set out in R.L.B.A. scales, # z i Perce it yas held by Kenedy J, thatthe architect was ented toa earonsble remuneration and that although the R.LB.A. scale was not binding law because it was no #eusion of s universal an application a to be implied tem of every contac, nevertelss was ight fake info consideration the practice adopted by the large proportion ofthe profession, as shown by the rules drawn up by the Councit of the R.LB.A. for the guidance of the merabers of the profession”. { With the Architets Act 1972 in force along with architects (Profesional Cont) Regsaton, 1989 which incorporates the fees and services, the same ray I find de cosieraon in ogel espe st th fos payable to he aches i CONDITIONS OF AGREEMENT : 1. Scope of Work ‘Thearchitect shall provide services in fespect ofthe following works: a) Site evaluation and analysis, . b) Environmental impact assessment. ©) Architectural work and site development 1 Structural engineering work. 6) Sanitary, plumbing, drainage, water supply and sewerage work. 1) Electrical work ! 8) Heating, ventilation and air-conditioning work (HVAC). 1 1) Acoustical work, : ’) Landscape work, 1 4) Interior designing i) Sraphic signage. i 2. Schedule of Service jh : ___ The architect shall after taking instructions ftom elient render the following I 2) Parish a site-eelstion and assis rport wth basic approch t : circulation, activity distribution and interaction and external linkages ») amish preliminary report on environmental imnpact ofthe projeet and finalise it after discussion with the client clearly outlining the measures required for mitigating the adverse impact, ©) Prepare conceptual designs with reference to requirements given and prepare epproximate estimates of coat by cubic measurements or on area i 7 = { 4) Modify the conceptual design incorporating required changes and prepare preliminary drawings and designs and study model for the ‘lient’s approval along with revised estimate of cost. 16 dD i) Prepare drawings necessary for submission to statutory bodies for sanction and assist and advise on formalities, Prepare working drawings specification and schedule of quantities sufficient to prepare estimates of cost. Prepare a short list of contractors, together with appropriate Justification, Prepare working drawings including large-scale and full size details, detailed specifications and schedule of quantities sufficient to invite tenders. Prepare and submit complete working drawing and details sufficient to commence work at the site and for the proper execution during construction, Visit the site of work and provide periodic supervision as and when necessary to clarify and decision or interpretation of the: drawings and specifications that may be necessary-and attend conferences and meetings, as and when réquired and to ensure that the project proceeds generally in accordance with conditions of contract, “For frequent or constant supervision’ Clerk of works shall be appointed, He shall be nominated or appointed by the architect and shall be under the direction and control ofthe architect. He shal be paid by the client ot, alternatively, may be employed by the architec, who shall be reimbursed the cost of the said employment including overheads. However, the ‘overall cost of the employment of the clerk of works shall not exceed 0:5% of the overall cost of the project. ‘On completion ofthe work, the architect will prepare and submit two sets ‘of as built drawings (one set on reproduction prints) of the building and services. Client's Responsibilities ‘The following shall be the responsibilities of the client: » 2) 3) 4) » ® Provide detailed requirements ofthe project. Provide a correct site plan to suitable scale showing boundaries, contours at suitable intervals, existing physical features including any existing roads, paths, es, existing structures, existing secviee and utility lines to which the proposed service can be connected. Fumish reports on soil conditions and soil test as required by the architect. Inthe case of client being a Government agency, it will furnish Public Works Department Schedule of fates, codes of practice and other documents pertaining to the State, required to be followed by the architect. Pay the fees of the architect within one month of submission of bills. ‘Take note of the observatjons made by the architect on his inspections 7PROFESSIONAL PRACTICE, and visits and ensure the correction of deficiencies in the work pointed oat by him. 7) On the advice: of the architect prepare @ short Jist of approved ‘contractors who would be allowed to tender, invite tenders, select the ‘contractors for the project in consultation with the architect, STANDARD TERMS FOR CMPREHENSIVE ARCITECTURAL SERVICES Standard scale of fees is for comprehensive services including pre-design study, architectural, -structural, electrical and plumbing designs, air conditioning, heating, acoustics and interiors, ifrequired, detailed architectural | and engineering designs for all exiemal servioes namely roads, sewerage, drainage, water supply, street lighting, landscaping and graphic signage. To easure quality work, archjtects will be engaged enly on comprehensive servises and partial services should be avoied ‘The fee structure is based on tendered cost of total project,includig site deve opment, civil and electrical works, lifts, electric sub-stations, water towess, landscaping aud interiors. Where whole or part of the project is | not executed, the fee will be on the cost calculated on prevailing rates, that is, mnrket rates or scheduled.rates plus current tender percentage. The fee structure takes into consideration any repetition in design work as well as total volume of work and no reduction will be made on grounds of repetition or size of project. It will be expected that housing units are not repeated more than a reasonable number of times, say 50 to 100 and repetition is also avoided. in other works to promote sound and acceptable environmental standards, ‘The practice of developing standard designs and planning them all over the ‘country will be totally discouraged. ‘The services included in urban design will be pre-design study layout building volumes and form and architectural controls, The fee shall be calculated on the estimated cost on prevailing rates. When whole or part of the project is, Iter taken up for comprehensive design; the prorata cost for design will be adjusied in the fee payable. Pre-cesign study shall include location and site analysis requirement analysis, and environmental impact assessment and shall form the brief for designing the project, The client shall provide al the possible assistance and data for the study in case of complex projects like hospital projects where considerable research is involved such research will be additionally paid for or other consultants engaged fori. Demand survey and economic feasibility or market research studies willbe separately paid for, ‘The mode of payment and other termsand conditions shall boas indicated in the apperded staridard letter of Appointment which shall constitute the Agreement between the client and the Architect, Public Authorities or Architectural Firms 18 i Note: DIGNITY AND INTEGRITY OF PROFESSION ave strongly recommended to adopt the Letter of Appointment Ut shall be the responsibility of the clint to furnish accurate site survey details Aeseribed below and the architects shall be responsible for the time schedule ‘only, from the date such details are furnished. If any infructuous work is involved on account of wrong survey, the architect shall be additionally remunerated fori [As part of the services, the architects shall, from time to time, certify that their drawings are being correely interpreted zt site and the finishing is of acceptable quality and in case of adverse certification the payments of the contractor shall be withheld until the defects have been rectified. In case the architectural firm is required to verify and certify the bills of the contractors, additional fee of 1.0 pereent shall be payable. ‘The above scale of fees is the minimum payable for services listed under scope of work. Architects, depending on complexity or detail, are free to quote higher fees. Quoting less fees and furnishing partial or incomplete services ‘would be detrimental to the project and notin the intrest of the client. The Government/Public Authorities haye been advised that if an architect has ‘been accepting any public job (except those of rocil or philanthropic nature with intimation to the Council of Architecture) on low fees, the firm may be declared ineligible for handling any public work in fatare. |All drawings to be co-oidinated with relevant structure aire conditioning electrical, plumbing drawings. For small simple buildings, social housing «tc oor plans/etevations, sections, scale 1 :$0, Stair, toilet and kitchen details layout information, seale 1 25 GUIDELINES of the confidence placed in his An architect carries responsibility on accout Judgement and integrity. He must possess adequate Skill and knowledge to enable him to or is il The planning and consiruction of a building requires a close working relations! nate design, arrange for and to supervise the erection of such buildings. between the Architect and the client. The client expects the following basic skills in an Architect: ‘An expert knowledge of the techniques and stills required.to carty out the design. ‘A thorough understanding of the purposes and functions of the bui erected, ing to be 19PROFESSIONAL PRACTICE A working knowledge of the Act, Bye-laws and other regulations affecting buildings. ‘The ability to advise on costs. Skills inthe preparstion of drawings, plans and specifications to ensure that the building will fulfil all requirements at the most economic cost. ‘The ability to superintend the design and construction of the building. ‘The ability to issue certificate of payment. ‘The Council of Architecture has prescribed the conditions of engagement and the fees payab'e to the Architect. The conditions cast a grave responsibility on the architect to ensure that the design evolved by him is capable of being built. [tis necessary that drawings must be complete and adequate for the purposes; in general: a) Sizes of drawings and format should be standardized. ) Scale, lettering, annotation, dimensioning and degree of deta should be consistent. ©) Subjects and formation should be suitable grouped. ¢)_Allrequired information should be given, without unnecessary repetition and irrelevant information excluded. ©) There should be adequate cross reference and interrelation between drawings, 1) Scale, in general to be 1:10 for main floor plans, elevations and sections. For detailed sections ard large-scale details of critical and special areas, scale to be 1:50 ad 1:25. For small plots and social housing floor plans, sections, elevations; etc., at 1:50 and all details 1:25. It is difficult to quantify the drawings required for each project, as it would depend uponthe complexity of the project. However, the following listof Architectural drawings couldbe a guide for the preparation of drawings. Architectural Drawings Site Plan - showing all majorsite features, building location levels, surrounding roads, demolition required; north point, scale ~ f : 200. All floor and roof plans, seale 1: 100 All elevations, scale ~ 1 : 100 Sections through all major spaces: scale ~ 1 : 100 Sections and larger details of all typical and special areas: scale ~ 1 Large-scale plans and section of stairs, ramps and lifts: scale 1 : $0. Large-scale plans, elevations and sections of toilets, kitchens, panties, showing fixtures, counters, ties, seale 1: 50. Schedule of doors and windows and grills, schedule of hardware, Fullhalf scale door, window details, including fixing arrangement Reflected ceiling plans (if required) ceiling construction details (co-ordinated with lighting and HVAC). 50. I. 12, 13, DIGNITY AND INTEGRITY OF PROFESSION Plans, elevations/sections and details of fixed funiture, scale I : 25. Interior elevations (if required). Landscape plans and details including paving, planters, roads, horticulture site drainage, sewerage and lighting, EXECUTION OF THE ASSIGNMENT 1 All the stages of work shall be completed by the architect and the necessary approval given by the clients aecording to the time schedule mutually agreed ‘upon, The works throughout the stipulated period of contract will be carried ‘out with diligence, time being the essence of the contract, In the event of architect's firm closing its business, the clients shall have the power to employ any other agency to complete the work after payment has ‘been made to the architect upto the stage of service then in progress. In the event of the failure on the part of the architect to complete his work cr the clients to give their approval and or make payments within the time specified in the time schedule or in the event of ther of the parties committing, a breach of any one or more ofthe terms and conditions of the agreement, the aggrieved party shall be entitled to rescind this agreement without prejudice to its rights to claim damages or remedies under the law. The period of notice to be given to rescind the contract will be 30 days. ‘The architect shall prepare drawings, designs, outline specifications and estimates of cost by cubic measurements or on area basis on schedule of rates, of the executing ageney plus tender percentage and/or on Bureau of Indian Standards (previously ISI) specifications and per requirement. In the absence ‘of rate in the aforesaid schedule of rates, the same shall be arrived at by actual analysis. ‘The architect will advise the client on the time and progress chavt prepared by the contractors for the completion of the work, if required. Appoint consultants in consultation with the client. The architect however shall be responsible for the direotion and integration of the consultant's work. Consultants shall be solely responsible for the competency and the detailed ‘design and supervision of the work entrusted tc them. ‘The architect must have the authority of his client before initiating any stage of his duties. ‘The architect shall assume full responsibility forthe design and specifications for items deseried in the scope of work. The clients will have full access to the delails of the calculatings and the structural designs for purpose of scrutiny. for satisfying themselves as to their correctness. The structural engineers of the azchitect will render all possible help forthe above scrutiny. ‘The architect shall supply tothe clients free of cast four sets of final drawings at Stage 2 of the agreement, eight sts of all drawings, specifications and other a