Oral Review Questions Flashcards
What is the Architect’s Act? What are the By-laws? Please describe the difference between the two.
Architect’s Act: Is the legislation that governs the architectural profession throughout the province. Its underlying purpose is to protect the public interest.
By-laws: Under the Architect’s Act the AIBC has authority to make bylaws for the regulation of the members of the AIBC.
*By-laws can be changed (subject to provincial approval). Architect’s Act establishes the authority of the AIBC and authorizes it to regulate the profession (through by-laws). Since it is a self-regulating profession.
Who does the Code of Ethics and Professional Conduct protect?
The public, the client, and the profession.
It establishes the core professional and ethical standards for architects, firms and associates. A compilation of AIBC bylaws, council rulings, and the advisory commentary.
Can an architect criticize another architects work? If so, under what circumstances?
An architect can provide fair and honest comments about another architects work. Comment must be based on considered knowledge of the project or subject in question
An architect should not falsely or maliciously injure the professional reputation of another architect. And should avoid any gossip or generalized comments about another architect.
What is the architect’s duty to the client, the public, and the profession?
An architect has a duty to act in the best interest of the public.
Client: To deliver a project that meets all codes, by-laws, regulations and life safety. To provide the (minimum) basic services as indicated in the AIBC Tariff of Fees.
Public: To act ethically and morally, to perform services only when qualified (competency), to represent qualifications accurately, to ensure project meets life safety and improve the environment.
Profession: Act ethically and morally. Not behave in a way that reflects unfavourably upon the profession. Not misrepresent own or others’ experience.
What considerations and steps would you make in establishing your professional fees?
- Review the project brief provided by the client, as well as the budget and scope (project type, scale, site).
- Review the AIBC Tariff of Fees to determine (minimum) basic services.
- Examples of types of fees: Lump Sum Fees (i.e. fixed fees), Time Basis Fees (i.e hourly), Percentage Fees.
- Review fees of similar, past projects.
- Profit margin.
Can an architect begin work for a client without a contractual agreement in place? What form of contract can this be?
No, there has to be some form of written agreement between the architect and the client. If not using a standard form contract, can use a short form contract, or a contract that aligns with AIBC by-laws and code of ethics.
- Terms + conditions must be outlined
- Client must be advised of liability insurance and can review this at their request.
- AIBC 8C = short form (if scope unknown)
- RAIC 6 / AIBC 6C = if scope is known
A client has come to you asking that you design a portion of a project for a considerably reduced fee. You expect that this work would lead to more projects with this client. How would you respond to this request in a professional manner?
I would have to inform the client that any work / contract must be in compliance with AIBC bylaws, including the Tariff of Fees. It is in the best interest of the Client and the Public to provide basic scope of services.
Can more than one architect work on a project?
Yes, as a joint venture.
Usually set up to provide complementary services for a specific project. For example, a practice specializing in hospital work may need to team up with a firm located near the site of the project to provide contract administration services (such as field review).
Need to clearly define in writing their share of services and fees before entering a joint venture.
Another way is through approved competition (approved by AIBC)
*May require special liability insurance, so the architect should speak with their liability insurers to determine most appropriate arrangement.
If a client says they want you to take over a project started by another architect, how do you go about accepting this commission?
I would inform the client that I cannot begin work until the previous architect’s services have been terminated.
I would have to notify the other architect in writing that the client has approached me for these services (this is the architect’s responsibility, not the client’s). Once I receive confirmation that their services have been terminated, I can begin work.
By-laws require the termination but not necessarily the financial resolution of the previous architect’s services. However, if I am to use drawings or other instruments of service that were prepared by the previous architect, I would have to ensure that the previous architect has been remunerated for these services.
What are the advantages and disadvantages of having the sub-consultants work under contract with you versus with the client?
The advantage of having consultants sign with me is that we would have a more direct line of communication / working relationship (often more efficient). Control over chosen consultants. The disadvantage is that it would mean more liability and insurance would be higher. I would be responsible for paying them for their services (client to me to consultants).
The advantage of having them work under the client is the the client would be directly responsible for paying them. Insurance wouldn’t go up. The disadvantage is that the line of communication / working relationship would be less direct (less efficient). Client may select consultants with lowest fees. Unless you already have a really great rapport with the consultants on board, it can become a challenging working dynamic. As the CRP, this can be challenging, as you need to have a good rapport with consultants.
Are there consultants that the architect should not contract with directly?
Yes,
- Geotechnical
- Hazardous Materials
- Cost Consultant
- Survey
Geotech: too much liability and risk
Hazardous Materials: also too much liability and risk. We are not qualified to review this work.
Cost Consultant: to avoid conflict of interest or liability for possible future discrepancies in the budget / costing.
Are firms with Certificates of Practice required to carry professional liability insurance? What and who does it protect?
Yes, anyone holding a certificate of practice must have liability insurance.
Protects the architect from claims by client and third parties (errors and omissions), also protects the client and public through financial remedies.
*architects doing work that doesn’t require COP or working under COP holder are exempt.
Who owns copyright to the drawings? On the design? What can a client do with your drawings?
The architects owns copyright to all drawings, documents, specs, models that were prepared by the architect.
The client can have a copy for record maintenance purposes. But cannot use it for any other reason unless there is a prior written agreement and remuneration.
What promotion and advertising is an architect permitted to do?
An architect must ensure that all promotional material presented to the public, prospective client, or employer is accurate and factual. That it isn’t misleading.
Examples of promotional material: awards, talks, lectures, publications are most common.
What constitutes an architect’s “basic services”
The AIBC Tariff of Fees provides distribution ranges as a reasonable guideline for calculating fees. Divided into 5 phases:
- Schematic Design
- Design Development
- Contract Documentation
- Bidding + Negotiation
- Contract Administration
- Partial basic services may be provided for partial fees. Additional services for additional fees.
- Things like rezoning are not covered under “basic services”. These can be charged at an hourly rate.
Under provincial law, what responsibilities does an architect have to their employees?
Has to comply with the Provincial Employment Standards Act. Benefits such as:
- EI
- CPP
- Vacation
- Overtime (for non-registered architects)
