The Context for Practice

Transcription

1 The Context for Practice 1a. Describe briefly the role of English Heritage. English Heritage works in partnership with the central government departments, local authorities, voluntary bodies and the private sector to: Conserve and enhance the historic environment Broaden public access to the heritage Increase people's understanding of the past They meet those responsibilities by : acting as a national and international champion for the heritage giving grants for the conservation of historic buildings, monuments and landscapes maintaining registers of England's most significant historic buildings, monuments and landscapes advising on the preservation of the historic environment encouraging broader public involvement with the heritage promoting education and research caring for Stonehenge and over 400 other historic properties on behalf of the nation maintaining the National Monuments Record as the public archive of the heritage generating income for the benefit of the historic environment 1b. What do the following acronyms stand for: i. PFI Private Finance Initiative ii. BREEAM British Research Establishment Environmental Assessment Method iii. RTPI Royal Town Planning Institute 1c. You notice an advert in your local paper for GARDEN ARCHITECTS a complete design service for your conservatory or garden room. You feel certain that the company does not employ any registered architects, what action, if any, would you take? ARB should be notified and they can then take action under The Architects Act 1997 Part IV Use of title Architect A person shall not practise or carry on business under any name, style or title containing the word "architect" unless he is a person registered under this Act. 1d. Explain briefly the key responsibilities of the Employer under the CDM Regulations. All construction projects (Part 2 of the Regulations) Additional duties for notifiable projects (Part 3 of the Regulations) Clients (excluding domestic clients) Check competence and resources of all appointees Ensure there are suitable management Appoint CDM co-ordinator* Appoint principal contractor* Make sure that the construction phase does not start unless there are suitable welfare facilities and a construction phase plan is in place.

2 arrangements for the project welfare facilities Allow sufficient time and resources for all stages Provide preconstruction information to designers and contractors Provide information relating to the health and safety file to the CDM co-ordinator Retain and provide access to the health and safety file (* There must be a CDM co-ordinator and principal contractor until the end of the construction phase) 1e. You have been asked to take over a commission from another firm of architects what action should you take? The guidance notes for the RIBA Code of Conduct state the following: 4.10 Taking over a previous appointment Before accepting an appointment to continue a project started by someone else, members should ascertain from the potential client: that the previous appointment has been properly determined; and the client holds a license to use any information, including drawings, specifications, calculations and the like, prepared by the preceding appointee; and that there are no outstanding contractual or other matters, which wuld prevent the member from accepting the appointment. I f there are any doubts, a suitable indemnity should be obtained from the client. 7.4 Verifying offers of work When members are approached by clients to undertake work on an existing project, reasonable enquires should be made to establish whether or not any other architects are already involved. If there are, members must clarify with the client whether their role will be replace an appointed architect or take on separate work within the same project. Members should, unless there is a justifiable reason not to, inform the appointed architect(s) that the client has approached them. However, if the client denies or fails to mention that another architect is already engaged for this work, the Royal Institute is unlikely to regard an omission to notify the original architect as professional misconduct. 7.5 Taking over someone else s work In whatever circumstances a member takes over a project started by someone else, the Royal Institute regards it as good practice to contact the consultants previously engaged in order to establish that their appointment was properly determined and the client holds a licence to use any information (such as drawings, specifications, calculations etc.) they prepared during their commission. (See Guidance Note 4 on Appointments) 7.6 Acknowledging the contribution of others The contribution of others to a member s work should be appropriately acknowledged. Members should not seek to pass off someone else s work as their own. 1f. Explain briefly the differing roles of RIBA and ARB in relation to the profession. RIBA - The Royal Institute of British Architects is the UK body for architecture and the architectural profession. We provide support for our 40,500 members worldwide in the form of

3 training, technical services, publications and events, and set standards for the education of architects, both in the UK and overseas. It work with government to improve the design quality of public buildings, new homes and new communities. ARB protects the consumer and safeguards the reputation of architects to keep an up to date register of all architects promote good standards both in the education of architects and in professional practice provide consumers with an efficient, accessible service in cases of complaint investigate and prosecute any unregistered individuals in business or practice who unlawfully call themselves an architect.

4 Management of Architecture 2a. Describe briefly the difference between novation and consultant switch. Consultant switch is when the architects enter into two separate contracts the first with the employer and the second with the contractor each will cover the services applicable to each appointment. Novation is when the contract between the employer and architect is replaced by a contract on identical terms between the contractor and architect. 2b. As part of your appointment you have been asked to enter into a collateral warranty in favour of a tenant to the property give four issues that you would wish to consider before signing such a document. For example: a. that the collateral warranty is no more onerous in terms than the original contract b. that your PII has approved the wording of the collateral warranty c. that all other consultants/contractor have entered into collateral warranties d. that the collateral is limited to an agreed number of subsequent tenants 2c. List the documents that you would expect to submit for a planning application for the change of use of a large detached property into a medical centre on the outskirts of a town (not a conservation area). a. Drawings b. Application form c. Appropriate ownership certificate / Agricultural certificate d. Design and Access statement e. Fee f. Covering letter 2d. Suggest an appropriate form of contract from the latest JCT suite of contracts for the following projects: i. a domestic extension (contract value 80,000) Building contract for a home owner/occupier who has appointed a consultant to oversee the work (HO/C) Minor Building Works (MW) ii. an industrial storage unit for a local haulage firm (contract value 500,000) Design and Build Contract (DB) iii. A new headquarters for a regional radio station with specialist recording studios (contract value 2,500,000) Standard Building Contract with Quantities (SBC/Q) 2e. What is the purpose of the Code for Sustainable Homes? The Code measures the sustainability of a new home against nine categories of sustainable design, rating the 'whole home' as a complete package. The Code uses a 1 to 6 star rating system to communicate the overall sustainability performance of a new home. The Code sets minimum standards for energy and water use at each level and,

5 within England, replaces the EcoHomes scheme, developed by the Building Research Establishment (BRE). The Code will provide valuable information to home buyers, and offer builders a tool with which to differentiate themselves in sustainable terms 2f. Your client has insisted that all other consultants are employed directly by your practice, set out the potential problems with this arrangement and any action that you could take to minimise the liability. a. The potential problems with this arrangement are the increased liability for the consultants work and the administration of fees (ie paying the consultant even if the client is late in paying you). b. Minimise liability by notifying and agreeing arrangement with PII, ensuring that sub-consultants have appropriate PII, back-to-back agreements, collateral warranties

6 The Management of Construction 3a. You receive a telephone call from a sub-contractor to say that he has heard that the main contractor has gone into liquidation. What immediate action would you take? a. Seek confirmation of the insolvency position with the company via one of the Directors if possible (not always easy as the company s phone often remains unanswered) or indirectly through other lines of communication via major sub-contractors, and obtain the name, address and telephone number of the person or persons appointed to oversee the insolvency affairs. b. i. Notify the client and consultants of the situation ii. Arrange an immediate stop on all payments (in whatever stage). iii Ensure that an immediate site and materials audit is carried out, and that the site is made weather-tight and suitably secured to prevent the removal of unfixed materials and any remaining plant. (Ownership of plant can be clarified subsequently; normally the employers have the beneficial use of unfixed materials to complete the works, but again any legal challenges relating to ownership can be pursued subsequently). Beware of subcontractors whose payment will cease, removing materials or other goods from site to minimise their loss, often without any legal entitlement. c. i. Arrange meeting with employer to discuss situation and way forward ii. Prepare a report to summarise the overall position and obtain a preliminary view from the Q.S. as to whether the Employer is owed money or has sufficient monies withheld to resolve outstanding issues. iii Check whether or not there is a bond and if so that the bondsman is notified of the insolvency position. iv. Eventually, following formalisation of the receivership/liquidation, a letter will be received from the receiver/liquidator confirming the company s status, and the date from which it will be formally applied. At this stage too, decisions will have to be made as to the best method of completing outstanding works. 3b. Throughout the 12 month contract the contractor has always assured you that he will complete on time. As the project nears completion (6 weeks to the contractual completion date) the contractor has submitted a claim for an extension of time based upon: i. Exceptionally adverse weather ii. delay by United Utilities to install the new water main and meter. How would you assess this claim? i. Check that the weather was exceptionally adverse for the time of year (Met office records), site records for time lost and the contractor s programme to establish whether it affected the critical path of the contractor s programme. ii. Check that the order for the new main and meter were submitted in good time and check the contractor s programme to establish whether it affected the critical path of the contractor s programme. 3c. You receive the following tenders but after checking it is found that the lowest has made an error by not including the provisional sums that amount to 30,000. What action do you take? Tender A 749,000 Tender B 790,000

7 Tender C 798,000 Tender D 815,000 Under the CIB Code of Practice for the selection of Main Contractors states that: The arithmetic in compliant tenders should be checked. If arithmetical errors are found they should be notified to the tenderer. The tender enquiry documents should state whether overall pricing or a pricing document is dominant. If the overall price is dominant, the Tenderer should be asked to stand by or withdraw his tender. If rates are dominant, the Client may request an amended tender price to accord with the rates given by the tenderer. Where there are errors of any other sort the Client should consider carefully what the effect of these may be should the Tender be accepted. 3d. Set out the differences between adjudication and arbitration. Adjudication decision can be reached quickly (7 days to appoint adjudicator, 28 days to reach decision. Decision shall be binding until finally determined in arbitration or legal proceedings or if the parties agree to the adjudicator s decision being binding Arbitration a more lengthy process than adjudication The only right of appeal against an arbitrator s decision is on a point of law. 3e. List the implications of issuing a practical completion certificate. a. it marks the date when the employer re-takes possession of the site b. it fixes the commencement of the rectification period c. it fixes the period for the final adjustment of the contract sum d. it gives rise to the rights to the release of the first half of the retention e. it marks the time for the release of the obligation to insure the works f. it marks the end of liability for liquidated damages g. it marks the end of liability for frost damage. 3f. Your client has entered into a JCT SBC05 contract but due to unforeseen legal issues between the employer and their tenant the contractor is unable to take possession of the site for a further four weeks. What will be the contractual implications of this situation? Under Clause 2.5 Deferment of possession If the Contract Particulars state that clause 2.5 applies in respect of the Works of any Section, the Employer may defer the giving of possession of the site or relevant part of it for a period not exceeding 6 weeks or lesser period stated in the Contract Particulars, calculated from the relevant Date of Possession.

8 Practice Management and Business Administration 4a. Give two characteristics for each of the following forms of architectural practice: i. sole practitioner a sole trader or employing a number of people will own all assets and carry all liability ii. partnership two or more people who will share in the profits and losses partners will be jointly and severally liable for the others negligence and for each others debts iii. limited liability partnership allows a business to limit liability as for a company advantages of a partnership in terms of taxation and share of profits iv. limited liability company company directors are employees of the company liability limited to their share holding for the company s debts 4b. List the items which you feel should be included in a contract of employment. a. names of the employer and employee b. date the employment began c. scale, rate and intervals of remuneration d. terms and conditions on hours of work e. details of holiday and holiday pay f. details of sickness and injury pay g. pension and pension scheme provisions 4c. What is the OJEU and what is its purpose? OJEC stands for the Official Journal of the European Community (OJEC is now recognised as OJEU - the Official Journal of the European Union ). This is the publication in which all contracts from the public sector which are valued above a certain financial threshold according to EU legislation, must be published. 4d. List the types of taxation that are likely to be applicable to an architectural practice. a. VAT b. PAYE and NI and depending upon the type of practice c. Corporation Tax d. Partnership Tax 4e. State the key issues that you would expect to discuss at an employment appraisal. a. Review of objectives b. Comments on performance c. Review of training and future training requirements d. Future objectives 4f You are preparing a cashflow forecast, list six areas or expenditure that need to be included. a. Salaries b. Consultancy costs

9 c. Subscriptions d. Insurances e. Travel and subsistence f. Motor expenses g. Repairs and renewals h. Telephones i. Postage and stationery j. Heating and Lighting k. Rent and rates l. Bank charges m. Pensions