1) Section A

Question 1

What are the 3 key items Part B1 of the AAS outlines?

Answer 1

Inputs
Tasks
Deliverables

Question 2

What must written terms of appointment cover? (Ethics 58a)

Answer 2

Scope, responsibilities, fees, billing

Scope of the work, and exclusions
Allocation of responsibilities
Limitation of responsibilities
Fees, or any methods for calculating fees
Billing

Question 3

What should effective client communication cover? (Ethics 58a)

Answer 3

quality
budget/cost
programme
issues

Question 4

How might you “win” a project?

Answer 4

Word of mouth or referral
Existing relationship
Invited Tender (RFP)
Open Tender (RFP)
Design competition
Online portfolio

Question 5

What are the key aspects of your client liaison role?

Answer 5

Offer a professional services
Establish roles & expectations, obligations & responsibilities
Listen and observe
Perform and respond
Relationship is highest priority

Question 6

What might you consider to establish project context?

Answer 6

Topographic survey
Climate
Existing services & structures
RMA, district plan status
Heritage
Geotechnical
Health & Safety
Legal status COT, easements
What are the impacts of these to the project / services?
Does your client own the site?

Question 7

What are key aspects that define a brief?

Answer 7

Written live document
Confirmed and agreed
Includes qualitative and quantitate aspects of the project

Question 8

What are the main forms of agreement for services?

Answer 8

NZIA AAS
NZIA AAS Short Form - SPA don’t use
NZIA Small Projects
CCCS - Conditions of Contract for Consultancy Services
Kainga Ora and Ministry of Ed. have their own.

Question 9

What are the 4 parts of a NZIA AAS Contract?

Answer 9

Part A: Contract
Part B: Scope of Services
Part C: Fees
Part D: General Conditions

Question 10

When would you use the NZIA Small Projects?

Answer 10

One -offs projects with fees are less than $5000

Bulk and Location, Masterplanning, Feasibility Studies, one off Concepts and Expert Witness engagement.

Question 11

How might you calculate fees?

Answer 11

Lump sum
Time charge/hourly
Percentage fee of construction budget
Combination of the above

Question 12

What should you watch for in agreements special clauses?

Answer 12

Indemnity clauses or any other clauses which exceed your duty of care.

Question 13

What is indemnity?

Answer 13

A contractual agreement between two parties in which one party agrees to pay for potential losses or damage caused by another party.

When the term is used in the legal sense, it also may refer to an exemption from liability for damage.

The Indemnity aspect of the Deed is where a party agrees to assume responsibility and cover the costs of any loss or damage suffered by a party – even if they didn’t cause it.

Question 14

What should you be seeking during initial client contact meetings?

Answer 14

Brief
Budget
“Fit”
Enough information to set parameters for the AAS

Question 15

What is the CCCS?

Answer 15

Conditions of Contract for Consultancy Services

Question 16

What are the parts of the CCCS?

Answer 16

Form of Agreement
General Conditions;
Special Conditions
Appendix A-G

Question 17

What are the main differences between the AAS and CCCS?

Answer 17

Copyright
Default insurance provisions

Question 18

What are the differences in copyright between CCCS & AAS?

Answer 18

AAS - architect retains copyright and grants client a conditional and non-exclusive licence to use for scope of the project only.

CCCS - client and architect share new copyright (not pre-existing IP)

Question 19

What actions as an architect are important in delivering limited (or partial) services?

Answer 19

Highlight limits to the client and difference between full and partial services
Ensure adequate fees
Remain available to clear up any issues with documentation produced even when no longer part of the project
stamp drawings with “limited services”
add pro-forma clauses to clarify liabilities, responsibilities and processes

Question 20

What five aspects are required for a contract to be valid under contract law?

Answer 20

Agreement (offer and acceptance)
Consideration
Intention (the intention to create legal relations)
Certainty (the terms of the agreement are certain)
Completeness (the agreement does not need further development or clarification)

Question 21

What do you need to consider if you engage sub-consultants?

Answer 21

What do you need to consider if you engage sub-consultants?

Question 22

What are the professional indemnity insurance provisions under AAS vs CCCS?

Answer 22

AAS = 250K (or specific in Special Conditions)
CCCS = 5x the fee, with a $500K min, and $2M max., or as stated

Question 23

What are the public liability insurance provisions under AAS vs CCCS?

Answer 23

AAS = not less than $1M
CCCS = $2M or as stated

Question 24

What are the ethical standards an architect must follow in relation to other architects?

Answer 24

Acknowledge the contributions of others
Not maliciously or unfairly criticise
Conflicts of appointment must be made known to other appointed architects
Must notify another architect when asked to give an opinion on their work (unless the opinion is part of litligation)

Question 25

What course of actions should be taken before agreeing to providing services for a project that another architect may have previously provided services for?

Answer 25

1./ Ascertain from the client whether another architect has been involved 2./ request clients permission to contact previous architect to confirm the following: a. fees have been paid b. client is legally entitled to use info provided by previous architect c. contractual arrangements are tidied up between previous architect and client d. any work produced has been returned if required by agreement

Question 26

What should be done if the client declines a request to contact the previous architect?

Answer 26

As a minimum, should get written assurance from the client that all legal and ethical issues have been resolved

Question 27

What should be considered when setting up a joint venture agreement?

Answer 27

Parties and Purpose The nature and duration of the association Scope of work of each party Management and who has the ability to act on behalf of the joint venture Dispute resolution process Fee split Liability, indemnity and insurance How the partnership and public refer to the parties in the JV

Question 28

Liability vs indemnity?

Answer 28

Indemnity clauses are a way to manage and allocate liability within the context of a contract or agreement. Liability is a broader legal concept that pertains to responsibility for actions or obligations, whether arising from law or contract indemnity is a contractual provision that specifically addresses how one party will compensate or protect the other party in the event of certain defined losses or liabilities.

Question 29

What areas of non-performance under an agreement for service might give an architect cause to cease working for a client?

Answer 29

non-payment of agreed fees refusal to pay for increased services refusal to engage specialist consultants unrealistic requirements regarding budget and time client persistently bypassing the architect to deal with contractor or consultants clients insistence or persistent instruction that is in conflict with the architect statutory or professional obligations Design conflict Personality conflict Ill health

Question 30

What would you do if you had the opportunity to work overseas?

Answer 30

Assume everything is different especially modes of operation, contracts, laws and regulation discuss with other architects that have worked in that country Talk to NZ Trade and Enterprise Read PN 3.114 Partner with a local architect

Question 31

What are 4 development risks and which should the architect/consultant team take on?

Answer 31

Technical (risk to consultant team) Feasibility (risk to client) Fitness for Purpose (risk to client)

Question 32

What are general project fee percentages?

Answer 32

4-6% commercial 9-15% residential 18% complex alterations

Question 33

What are 5 reasons to have a signed contract?

Answer 33

NZRAB Code of Ethics (58a) Describes the agreed obligations of all parties Certainty of agreed terms and conditions of engagement Limitation on level and duration of liability in contract Proportionate Liability Ownership of new intellectual property created in delivering the services

Question 34

Separate vs sub-consultant, risks, which does NZIA prefer

Answer 34

NZIA prefers separate consultants. Sub-consultants are a risk for the main contractor. Risk as you can't check work you aren't specialised in to a high standard. Also can be an insurance and liability risk. PN 7.102 PN 7.103