Professional Documents
Culture Documents
Professional Practice 3
Professional Practice 3
performed adequately.
MODULE 1
Building projects are complicated, and most architects would
OVERVIEW OF THE GENERAL CONDITIONS OF THE prefer to resolve differences amicably to maintain healthy
CONTRACT: The general conditions are an integral part of continuing relationships with clients. Accordingly, a good first
the contract for construction for a large project and they are step is to establish open communications and to be crystal
incorporated by reference into the owner/contractor clear as to the obligations of the parties prior to beginning
agreement. They set forth the rights, responsibilities, and work on a project. Because there are many types of services
relationships of the owner, contractor, and architect. Though that architects and engineers can provide, a client may have
not a party to the contract for construction between owner a different understanding of what those services mean. A
and contractor, the architect participates in the preparation of clear description up front of services to be provided will help
the contract documents and performs construction phase clarify the client’s expectations.
duties and responsibilities described in detail in the general
conditions. Beyond clarifying expectations, a clear description of
services can also serve as a basis to adequately respond to
Warranties the owner’s programmatic requirements, allow the
Contract Price development of an effective work plan, allow for the
Terms of Payment negotiation of fair contract terms, see that adequate
Duration (completion period) compensation is agreed to, and provide a benchmark for
Construction Schedule determining when requested services are additional to those
Plans, Specs, and Drawings in the contract.
Changes
TYPES AND CATEGORIES OF SERVICES (as per SPP)
Manuals and Instructions
Inspection and Testing Pre-design Services
Quality Control Basic Design Services (A & E)
Safety and Sanitation Specialized Architectural Services
Security and Property Protection Full Time Supervision Services
Liens and Claims Construction Management Services
Bonds and Insurance Post-Construction Services
Subcontracting Comprehensive Architectural Services
Cancellation or Suspension of Contract Design-Build Services
The Contractor and Construction Manager Architectural Design Competition
Work of Other Contractors Architectural Consulting Services
Completion of Work by Owner
Acceptance of Work DEFINING SERVICES
General Provisions
Determine What Kinds of Services Are Needed
UAP DOCUMENT 301: General Conditions Prepare a Proposal for the Services to Be Provided
Negotiate the Final Scope of Services
MODULE 2 Prepare the Professional Services Agreement
PROJECT SERVICES: To help set up a project for success, Monitor and Manage Changes in Scope
it is important that the client and architect establish a mutual FACTORS AFFECTING THE SCOPE OF SERVICES
understanding and agreement on its intent as well as on the
expectations of performance of all parties involved. The The unique nature of most projects requires an
architect must enter into a professional services agreement understanding of the factors that can have an effect on
to define the project service expectations. Whenever there is professional services with respect to their type, quality, and
a problem concerning architectural and engineering services depth, etc. Possible factors that can affect the level of
serious enough to include attorneys and a dispute resolution professional services include the following:
process, the contract for services will be the initial document
referenced by both sides. Moreover, throughout the dispute Programmatic requirements
resolution process the professional services agreement will Project budget
be the most important document in consideration of the Project schedule
architect’s responsibilities. All discovery and argument will Engineering consultants included in basic services
strive to determine an understanding of the services Specialty consultants required under your
performed in the context of what was defined in the agreement (those outside your core expertise or
professional services agreement. Ultimate resolution will those usually used with basic services)
evolve from a determination of the contracted obligations of Services (consultants or contractors) to be provided
by others
Your firm’s own internal capabilities and cause. Thus, even if the contract is not notarized, it is
Regulatory requirements and public approval valid provided these elements are present.
process
The client’s goals, expectations, and values (if you ELEMENTS OF A CONTRACT
don’t know, find out) Intention to Create Legal Relation - Such a casual
The client’s level of knowledge and experience exchange has all the appearances of a contract, but if
regarding facility development and building someone tried to claim his dues through a court he would
construction probably be disappointed, for the law will not enforce a
Whether or not BIM technology must be or will be promise if the parties did not intend their promises to be
used legally binding.
The method of construction procurement (e.g.,
services for a design-build project will be vastly Consideration - Something of value was promised in
different from services for a traditional design-bid- exchange for the specified action or nonaction. This can take
build project) the form of a significant expenditure of money or effort, a
The form and terms and conditions of the promise to perform some service, an agreement not to do
professional services agreement something, or reliance on the promise. Consideration is the
The level of risks associated with the project value that induces the parties to enter into the contract.
services
Agreement (Mutuality) - The existence of agreement
CONTRACT: A contract is an agreement made between between the parties to a contract is in practice the most
two or more persons who is binding in law, and is troublesome of the three essential ingredients. The law of
capable of being enforced by those persons in court or contract does not peer into the minds of contracting parties
other tribunal like arbitral tribunal. In Philippine law, in the to see what they really intended to contract to do; it contents
Book IV of RA 386 (Civil Code of the Philippines) article itself with taking an objective view and, on the basis of what
1305 contract is defined as a meeting of minds between the parties have said and done, and the surrounding context
two persons whereby one binds himself, with respect to in which they did so, the courts decide what the parties
the other, to give something or to render some service. should be taken to have intended
The people who made the contract are described as being
party or ‘ privy’ to it and they are said to enjoy ‘privity of Offer - a promise, made by the offeror, to be bound
contract’. This expression means that the parties are drawn by a contract if the offeree accepts the terms of the
into a close legal relationship with each other which is offer. The offer matures into a contract when it is
governed by the agreement that they have made. That legal accepted by the other party.
relationship creates rights and obligations between the Acceptance - The acceptance of the offer can be by
parties and binds only between those who are privy to the word – written or oral – or by conduct and the
contract, and not other people who are not parties (often acceptance must be communicated or made known
described in law books as ‘ strangers ’ or by the misnomer to the offeror. Silence is not sufficient to accept an
‘third parties’) even though those people may be affected by offer because neither assent nor dissent has been
the contract directly or indirectly. The contracting parties may communicated by the offeree. The court is thus not
establish such stipulations, clauses, terms and conditions as able objectively to see whether there was an
they may deem convenient, provided they are not contrary to ‘agreement ’ : it will not peer into the offeree’s mind.
law, morals, good customs, public order, or public policy.
In Philippine Law under the Civil Code of the Philippines
Usually the agreement will contain a promise or set of Book IV, Title II, Chapter 2, Article 1318 says that there is no
promises that each party has made to the other: this is contract unless the following requisites concur:
known as a bilateral contract because each party promises
to do something. For example, Blengblong promises to build Consent of the contracting parties manifested by
a house for Mommy S. and Mommy S. promises to pay the meeting of the offer and the acceptance upon
Blengblong for doing so. Sometimes only one party will make the thing and the cause which are to constitute the
a promise to do something if the other party actually does contract. The offer must be certain and the
something stipulated by the former. For example, Blengblong acceptance absolute. A qualified acceptance
promises to pay P 203B if Bir completes and returns a constitutes a counter-offer. Acceptance made by
marketing questionnaire to Blengblong. Such a contract is letter or telegram does not bind the offerer except
known as an unilateral contract because the promise is from the time it came to his knowledge. The
one-sided. Although Blengblong has promised to pay in the contract, in such a case, is presumed to have been
stipulated circumstances, Bir is under no obligation to entered into in the place where the offer was made.
complete and return the marketing questionnaire but if he Object certain which is the subject matter of the
does the court or arbitral tribunal will recognise a binding contract - All things which are not outside the
agreement that Blengblong will pay him P 203B. commerce of men, including future things, may be
the object of a contract. All rights which are not in
Under the Civil Code, a contract is valid and binding if all its transmissible may also be the object of contracts.
elements are present, i.e., the elements of consent, object, No contract may be entered into upon future
inheritance except in cases expressly authorized by
law. All services which are not contrary to law,
morals, good customs, public order or public policy
may likewise be the object of a contract.
Cause of Contracts / the obligation which is
established the prestation or promise of a thing or
service by the other; in remuneratory ones, the
service or benefit which is remunerated; and in LEED AP Operations + Maintenance (LEED AP O+M) -
contracts of pure beneficence, the mere liberality of Distinguishes professionals implementing sustainable
the benefactor. practices, improving performance, heightening efficiency and
reducing environmental impact in existing buildings through
ARCHITECT’S METHODS OF COMPENSATION: enhanced operations and maintenance.
Architect’s Guidelines 2016
MODULE 3
LEED AP
LEED AP Homes - Suited for those involved in the design
A LEED AP credential distinguishes those with advanced
and construction of healthy, durable homes that use fewer
knowledge in green building, plus expertise in a particular
resources and produce less waste.
LEED rating system. Previous experience working on a
LEED-registered project is strongly recommended.
Certification Details:
The WELL exam must be written and passed to achieve Membership categories
accreditation. This accreditation is more relevant than ever
with the ongoing pandemic. The primary aim of ICOMOS is furthering the conservation of
cultural heritage in its tangible and intangible aspects. It has
LEED GREEN ASSOCIATE four categories of members:
The LEED Green Associate credential affirms a Individual members, people with expertise in one
professional’s thorough comprehension of green building or more areas related to the aims of ICOMOS and
principles and practices. The exam is ideal for those newer to students who have chosen a discipline in one of
to sustainability and LEED. these areas
Institutional members, organizations of any kind
Certifying organization: GBCI (Green Business Certification with expertise in one or more areas related to the
Inc.) aims of ICOMOS and those that own or look after
cultural heritage places
Certification Details:
Affiliate members, individuals, institutions and
More than two years of education or training after organizations who are interested in cultural heritage
high school required? YES conservation and wish to support the aims and
activities of ICOMOS
More than two years of work experience required?
YES Honorary members elected by the General
Assembly, individuals who have given distinguished
Two hours long exam, 100 items multiple choice
services at the international level to the
questions
conservation of cultural heritage
Renewal Required every 2 years. Must earn 15
CPD hours. COUNCIL ON TALL BUILDINGS AND URBAN HABITAT
(CTBUH)
MODULE 6
INRASTRUCTURE
ARCHITECTURAL FRIM
Technology is enabling architects to start their own
INTRODUCTION firms to expand their capacity and the possible types of
engagements. The chance to leave a larger firm and go out
Architects (master builders) have existed since on one’s own does not necessarily mean giving up large
early in the recorded history. projects or participation team that executes them. Working
The earliest recorded architect is Imhotep (c. 2600 with larger project firms does not necessarily require a big
BCE) and Senemut (c. 1470 BCE). Both of them operating budget.
are noble but there are no writings exist to describe
how these architects performed their work. The evolution of file sharing technologies, building
information modeling (BIM), multiplatform collaboration, and
The oldest surviving book on architecture, De
online project communications and management tools have
Architectura by Vitruvius describes the design and
enabled small and start-up practices to quickly develop
construction of towns, buildings, clocks, and
offices that are cost-effective, flexible, and scalable.
machines but provides no information about the
organization of architect’s assistants and the COLLABORATION
professional practice.
New firms can serve as expert consultants, contract
production staff, or valued collaborators. Founders of start-
up firms have the opportunity to thoughtfully assess their
skills, strengths, and areas of interest to determine project
opportunities that are good fit. Depending on the nature of
the project team arrangement, firms can take on discrete
tasks or serve in support role, demonstrating value and
expertise.