Section A Flashcards
What are the 3 key items Part B1 of the AAS outlines?
Inputs
Tasks
Deliverables
What must written terms of appointment cover? (Ethics 58a)
Scope, responsibilities, fees, billing
- Scope of the work, and exclusions
- Allocation of responsibilities
- Limitation of responsibilities
- Fees, or any methods for calculating fees
- Billing
What should effective client communication cover? (Ethics 58a)
quality
budget/cost
programme
issues
How might you “win” a project?
- Word of mouth or referral
- Existing relationship
- Invited Tender (RFP)
- Open Tender (RFP)
- Design competition
- Online portfolio
What are the key aspects of your client liaison role?
- Offer a professional services
- Establish roles & expectations, obligations & responsibilities
- Listen and observe
- Perform and respond
- Relationship is highest priority
What might you consider to establish project context?
- 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?
What are key aspects that define a brief?
- Written live document
- Confirmed and agreed
- Includes qualitative and quantitate aspects of the project
What are the main forms of agreement for services?
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.
What are the 4 parts of a NZIA AAS Contract?
Part A: Contract
Part B: Scope of Services
Part C: Fees
Part D: General Conditions
When would you use the NZIA Small Projects?
One -offs projects with fees are less than $5000
Bulk and Location, Masterplanning, Feasibility Studies, one off Concepts and Expert Witness engagement.
How might you calculate fees?
- Lump sum
- Time charge/hourly
- Percentage fee of construction budget
- Combination of the above
What should you watch for in agreements special clauses?
Indemnity clauses or any other clauses which exceed your duty of care.
What is indemnity?
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.
What should you be seeking during initial client contact meetings?
- Brief
- Budget
- “Fit”
- Enough information to set parameters for the AAS
What is the CCCS?
Conditions of Contract for Consultancy Services
What are the parts of the CCCS?
- Form of Agreement
- General Conditions;
- Special Conditions
- Appendix A-G
What are the main differences between the AAS and CCCS?
Copyright
Default insurance provisions
What are the differences in copyright between CCCS & AAS?
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)
What actions as an architect are important in delivering limited (or partial) services?
- 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
What five aspects are required for a contract to be valid under contract law?
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)
What do you need to consider if you engage sub-consultants?
- Check PI cover
- Consider risks of supervising work & expertise outside an architects knowledge
- Use back-to-back terms that reflect your contract terms with client
- Need to be sure they will be in business for 6 years after PC
What are the professional indemnity insurance provisions under AAS vs CCCS?
AAS = 250K (or specific in Special Conditions)
CCCS = 5x the fee, with a $500K min, and $2M max., or as stated
What are the public liability insurance provisions under AAS vs CCCS?
AAS = not less than $1M
CCCS = $2M or as stated
What are the ethical standards an architect must follow in relation to other architects?
- 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)
