Professional Practice

AR 805
Year : V Part :1

Gyanendra Shakya
gshakyaguita@gmail.com
9841253112
Unit - 2
Role of Architects (8hrs)

Professional Practice
AR 805 Year : V Part :1
 Practice Qualification
Practicing architect / consulting engineer
• independent technical professional
Role of Architects

• produce services for clients

• on a fee basis – sole source of income.
• Possesses >> qualification and professional
independence
• employs qualified staffs
• maintains own office
• own technical equipment
• act as advisor for client> all matter pertaining to
the concerned field.
 Practice Qualification
The professional requirements for architects
• vary from place to place, but usually consist of
three elements:
Role of Architects

• a university degree or advanced education,

• a period of internship or training in an office,
• examination for registration with a
jurisdiction.

• prior to the late 19th century - not necessarily

trained in a separate architecture program in an
academic setting.
• carried the title of Master Builder, or surveyor,
 Services by Practicing Architects /Consulting
Engineers
• Preliminary Investigation :
o Assessment of client's needs
Role of Architects

o analysis of problems
o preliminary costs and recommendations.
• Feasibility and cost benefit studies
o examination of alternative solutions
o economic comparison
• Architectural and Engineering Design
o schemes, calculations drawings, specifications, contract
document for tendering.
o Calling Tender and tender appraisal
 Services by Practicing Architects /Consulting
Engineers
• Contract Supervision
o inspection of work and equipment
Role of Architects

o review shop drawings and testing

o commissioning periodic and detailed supervision
• Contract Administration
o technical and administrative duties
o Project Management
o Project Planning
o control procurement of the material and equipment
o awarding and coordinating contracts
o determination of cash flow, budget control etc.
 Classification of Consultancy Service

Based on Scope Based on Office establishment

Technical Established firm's office
Role of Architects

Socio-Economic
Health Established home office
Based on time Mobile office (Briefcase
Full time consultants)
Part time Based on execution
Based on Continuity self executioner
Regular
Irregular commission agent
Occasional supplying manpower
Based on Nationality Based on Owner
Local Private
Foreigner
Government (NEPECON)
 Professional Relationships
ARCHITECT – CLIENT RELATIONSHIP
• Retaining fee-paying clients >> matter of
survival.
Role of Architects

• In the US, out of over 13,000 architecture firms

– 5% employed more than 10 architects
– 62% were one-person firms
• In India
– 10% : public sector, 30% : private sector, 60%: self-
employed.
• In Nepal
– less than 5% of the buildings are designed by
architects
– majority - are concentrated in Ktm Valley.
– great scope for architecture profession
 ARCHITECT – CLIENT RELATIONSHIP (Contd…)
• successful practice >> client-architect relationship.
• Why relation breaks ???
– must have a clear understanding on rights, responsibilities
and duties (>> discussion, minute, letters etc)
Role of Architects

– use of standarized contract >> why???

• Two conditions must be fulfilled
– detailed out RELATIONSHIPS & have understanding before
formal contractual relationship.
• AIA, RIBA, SCAEF has standard documents. (FIDIC,
ADB as reference)
• Contract documents >> 'educate' the client.
• Unrealistic expectations, roles of both parties,
• Architects are vulnerable to >>> – over work + under
paid.
• Better to lose an uncertain client.
 ARCHITECT – CLIENT RELATIONSHIP (Contd…)
• as 3-legged stool >> "checks
and balances"
• Ultimately, the Client has
two contracts >>
Role of Architects

• Beware of the Contractor

Client
that does not want an
Architect involved.

Agency relationship
 ARCHITECT – CLIENT RELATIONSHIP(Contd…)
Dealing with client >> ???
• Time to sign contract : few preliminary sketchs -
before contract → for “fishing” only OK
Role of Architects

– may try to milk architects for designs – finished cheaply

from overseer or draftsman.

– if the client tends to prolong the signing - Better to lose a

potentially troublesome client

– Architects on heavy demand or with substantial workload

charges for preliminary works - may not be possible for
beginners.
 ARCHITECT – CLIENT RELATIONSHIP(Contd…)
Dealing with client
• Clarifying client's requirement
– if client is not clear about his requirements
Role of Architects

– should inform about the scope of the work and

– inform that additional fees will be required.
• When to stop Designing
– Situtation – "some clients are very difficult to please and
the architect has to produce a continuous stream of
drawings causing him to overrun his budget." ???
– limit the drawing ?
– charge according to work done ??
– Plan for contingencies >>
 ARCHITECT – CLIENT RELATIONSHIP
(Contd…)

Dealing with client (Contd…)

• Accuracy of estimate
Role of Architects

– early phase - preliminary cost of the project -

fairly accurate.
– Some consultants deliberately provide
underestimates for 'fishing' → could be harmful
to the future relationship.
– Detailed estimates - before bidding
– Some Consultants - deliberately inflate or
underestimates – with ill-intention of variation -
Corruption
 ARCHITECT – CLIENT RELATIONSHIP(Contd…)
Dealing with client (Contd…)
• Delays Beyond Architect's control
– if Delays because of other factors such as
Role of Architects

approvals , financing or any force majeure etc. –

must inform client.
– If long delays are foreseen - include limits to
project extension periods.
• Extent of Services
– "many services for too little fees". over-
expectation or underestimation of volume of
work.
– make a clear terms of reference (TOR) - clarify the
TOR to the client & include it in the contract.
 ARCHITECT – CLIENT RELATIONSHIP(Contd…)

Dealing with client (Contd…)

• Site visits
Role of Architects

– in appropriate intervals (setting out, before

cover-up, reinforcement, concreting etc.).
– Study contract agreement : to advise on site work
or conditions and process should be followed
accordingly. Instructions - can lead to conflict
between client, contractor and architect.
 ARCHITECT – CLIENT RELATIONSHIP(Contd…)
Dealing with client (Contd…)
• Architect's Fees.
– fee runs the firm>> Problems ??? receiving timely
Role of Architects

payments, sometimes some amount are never be

paid
– one of the major reason for conflict
– contract agreement : >> mode of payment,
payment amount or percentage etc.
– Despite all the care >> Problem persists ??
– good practice
• to promptly submit bills,
• maintain excellent records of all transactions
• sending polite reminders.
• legal action is possible as 'brahmastra' > cost, time and
potential damage of public relations.
The goal is not getting married
The goal is staying married
 ARCHITECT – CLIENT RELATIONSHIP(Contd…)
Role of Architects

How a commission is
conducted ??
 ARCHITECT – CLIENT RELATIONSHIP(Contd…)
How a commission is conducted ??

• Initial Phase: select an architect >> written

Role of Architects

contract >> a retainer fee >> reviews the site

>> confers with client to determine the goals
of the building project >> several meetings
with agencies >>
• Preliminary planning and design phase
• Working drawing phase
• Construction Phase
 ARCHITECT – CLIENT RELATIONSHIP(Contd…)
How a commission is conducted ??
Preliminary Planning and Design Phase
• architect’s presentation >> client’s initial review >>
revisions and alterations next presentation >>
Role of Architects

approval.
• Discussion with governing agencies, experts of other
discipline >> get their review comments >> revision
and reviews by client >>> approval >> estimate the
initial construction costs >> review and approval by
the client.
• Physical output → conceptual site plan and floor
plans (with consideration of orientation, preservation of existing
features, landscaping elements such as trees, topography, and other
site conditions, views, wind direction, automobile access), exterior
elevations, 3D views. etc.
 ARCHITECT – CLIENT RELATIONSHIP(Contd…)
How a commission is conducted ??
Implementation of the working drawings
• WD = Drawings for construction >> consult engineers
Role of Architects

>> directly employed by the architect or from own private

practice >> geo-tech, structure, mechanical, electrical, civil
enginners, landscape architect and a quanity surveyors etc.
• Periodic conferences with the client are
recommended
– will be easier to attain approvals
– phases or stages >> ?? >> electrical designs, interior, wall
designs etc.
– Materials and Specifications: e.g. exterior and interior wall
finishes, flooring, plumbing fixtures, hardware design, type
of masonry, roofing materials, and so on.
– the selection of building equipment and systems
 ARCHITECT – CLIENT RELATIONSHIP(Contd…)
How a commission is conducted ??
Finalization of the Working Drawings andSpecifications
• Construction Document: WDwgs and specs
Role of Architects

• Obtain building permits from governing agencies

Construction Phase
• Hiring Contractors
• full supervision ?? or observation??
– Observation = occasional supervision >> any alteration, if
the construction is going as per design, if the standards has
been maintained,
• At the completion of the project >>
– final inspection of the construction >> “punch list.” >>
revisions corrections >> final approval by consultant >> final
notice of approval to the client and the construction firm.
 ARCHITECT- CONTRACTOR RELATIONSHIP
• no contract : bet. architect  → contractor ??
• Contract agreement >> certain rights to the
architect (designated as “Engineer” in many of the
Role of Architects

standard documents) associated with his contractual

duties to the owner.
• in between two parties - potential problems >>
– accuracy of drawings, specifications and contract
documents; certification of progress payments; review and
approval of work, substantial completion certificate and
claims.
• "strive to gain the respect rather friendship of both
the parties."
 ARCHITECT- CONTRACTOR RELATIONSHIP
• Project Engineer/manager line of communication
• Since the architect works on behalf of the owner>>
owner is liable for any of the architect’s action or
Role of Architects

lack of it
• Compensation >> owner expects to recoup any losses incurred
due to the architect’s action/inaction.
• The owner expects architect’s full loyalty >>
– poor workmanship
– excess costs.
– timely progress
• despite being hired by the owner, is expected to act
impartially between the two parties.
 ARCHITECT- CONTRACTOR RELATIONSHIP
Some areas of Potential problems >>
• Errors in Drawings and Estimates
– Contract >> the contractor is responsible for the
Role of Architects

careful review of drawings and documents but it

does not cover if the drawings are in accordance
with applicable laws or building codes.
– Genuine claims by contractors can arise due to
errors in the drawings and documents, whereas,
the owner may be reluctant to bear the
additional costs. The architect has to objectively
deal with such conflicts.
 ARCHITECT- CONTRACTOR RELATIONSHIP
Some areas of Potential problems >>
• Construction Supervision: The architect has the
authority
Role of Architects

– Compliance with contract: to ascertain if the works are

being undertaken as per the contract.
– Rejection and approval: materials and works
– Variations
– certify payments etc.,
– however needs to carefully follow the procedure spelled
out in the contract.
– can ask for testing of works
– The owner expects the architect to favor him during such
decisions
– the contractor may question the objectivity of the
architect.
 ARCHITECT- CONTRACTOR RELATIONSHIP
Some areas of Potential problems >>
• Changes to the Construction Contract
– Changes drawings, specifications, site conditions, weather,
Role of Architects

acts of God etc., Sometimes the owner orders extra work.

– effect to contractor:
• the profit or loss situation of the contractor if loss making
items are increased or profit items are deleted unreasonably.
• time extensions -- bonuses or liquidated damages
– in mutual agreement between all party - no problems.
– But if any party disagrees – may lead to dispute
– effect to Owner:
• may increase cost.
• Some owners even insist on deleting items to reduce costs.
– "Architect could come under attack from both the parties."
 ARCHITECT- CONTRACTOR RELATIONSHIP
Some areas of Potential problems >>
• Changes to the Construction Contract
Must be extra careful
Role of Architects

– collusion bet. owner and contractor. (not unusual in in case

govt. owner represented by corrupt bureaucrats) –
architect as scapegoat – terminate if situation went out of
hand
– the WBank and ADB > has clause on corrupt and fraudulent
practices >> terminate the contract and blacklist a
contractor.
– Situation: "an architect wanted to cancel the tenders
because of suspicion of collusion among contractors during
bidding and the owner insisting on continuing giving the
excuse of excessive time loss in re-bidding. "
– Unfortunately, there are also innumerable examples of
architect’s colluding with contractors as well as with clients
 ARCHITECT- CONTRACTOR RELATIONSHIP
Some areas of Potential problems >>
• Disputes
– architect is given the power to resolve
– many contractors tend to disbelieve architect’s > arbitration.
Role of Architects

– Arbitration - extra time and cost > act proactively – so that

contractor builds more faith on architect's neutrality.
• Payments
– Processing payment requests : interim and final
– “front/end loading” or excessively high or low rates >
need to consider asking for additional guarantees
– owner does not want to pay for work not performed
– contractor does not want to continue work unnecessarily
at his own expense.
– Not to with held bill unnecessarily: Unless there are any
defective works, persistent delays etc.,
– thorough examination > if some minor errors or omissions
can easily be adjusted in the subsequent bills.
 ARCHITECT- CONTRACTOR RELATIONSHIP
Some areas of Potential problems >>
• Project Completion
– to certify 'substantial completion' and 'final completion of
Role of Architects

the project'.
– substantial completion >
• a significant proportion of the retention money is released,
• building use is permitted,
• liquidated damages period is terminated,
• defects liability period is commenced
• preparation of final bills initiated.

– Before certification, a joint inspection > Punchlist

– Conflicts can arise during making the list or determining
whether the substantial completion certificate
 ARCHITECT’S RELATIONSHIP WITH OTHER
CONSULTANTS AND STAFF
With other Consultants
• If project requires certain services that is outside
architect's expertise or scope of work
Role of Architects

– architect may advise client to employ specialists.

– if separate contract is made > architect is not made liable
for the specialists’ work.
– town planning, quantity surveying, structural, mechanical,
electrical, interior design, landscape design etc.
– One door service > more practical and profitable
• in this case, architect is liable for their performance so he
must ensure their work is undertaken with skill and care.
• should make the owner clear about the arrangement
• advisable for the architect to sign an agreement with the
specialists prior to the commencement of the work
 ARCHITECT’S RELATIONSHIP WITH OTHER
CONSULTANTS AND STAFF
With Other Fellow Architects
• Unfair Competition: should not try to compete
unfairly by reducing fees; offering discounts or
Role of Architects

other inducements in order to undercut their fees.

• Undermining sb's credibility: should not discredit or
try to undermine the professional credibility of
other architects.
• Replacement of architects: Until and unless
contract terminated > no attempt should be made
to supplant that architect. Such actions not only
create problems among architects, they are in
breach of the code of ethics of architects.
 ARCHITECT’S RELATIONSHIP WITH OTHER
CONSULTANTS AND STAFF
With own subordinate Staffs
• take every care to ensure the health, safety and
general welfare of his employees > i.e.
Role of Architects

providing working environment, training and social

benefits.
• Issue a statement of the terms of employment that
includes:
– Date of commencement of employment,
– Wage or salary rates
– Payment intervals
– Working hours
– Benefits such as paid leave, sick leave, insurance, etc.
– Job title and job description
– the date of expiry of employment, if any
– Restrictions on private work, if any
– Position as to copyright
 ARCHITECT’S RELATIONSHIP WITH OTHER
CONSULTANTS AND STAFF
With own subordinate Staffs
• to provide work, wages, take reasonable care of the
employee’s safety and indemnify them against
Role of Architects

liability in the proper performance of their duties.

• recognize and respect the professional contribution
of his employees, associates and consultants.
• the duty of the staff to work honestly and faithfully
and not to permit personal interests to conflict with
their duties. They should use reasonable skill and
care in performing their jobs and to indemnify the
architect against liability incurred as a result of a
breach of duty.