PROFESSIONAL PRACTICE

1.1 PROFESSION:

What is a profession? A profession includes:A

 large body of specialized information and discipline

 Mastery of this material and associated skills which is obtained through long
standardized period of education, training and apprenticeship
 Regulation (education, quality, conduct etc.) by an association of experienced
members of the profession
 Providing service to those who do not have this expertise

Besides these, a profession is also required to:

 Conduct research which improves the quality of their services and report findings
not only to their colleagues but also to the public
 Maintain a caring relationship with the client or person/s served based on altruism,
trust and virtue

Based on the above criteria, determine whether architecture can be called a profession.

How is a profession different from a trade or an occupation, which also form associations
to monitor and regulate their work e.g. hairdressers, waiters, auto mechanics, shopkeepers
etc.? In most instances trades-people are not accountable for the quality of their product
whereas professionals do not sell products but services for which they are fully
accountable. Lately, consumer oriented laws are, however, forcing trades-people in western
countries to be more honest and accountable.
Professionals are different because:
 they have obtained substantial and specialized education
 they have to exercise discretion wisely. An auto mechanic may have one correct way
of fixing a problem, whereas, there could be very many good design solutions and
the architect has to make a wise decision from a large number of choices. They have
higher fiduciary (trust) responsibilities. This is characterized by good faith and
loyalty and exercise of skills and intelligence on behalf of the beneficiary at all times.
Unlike trades-people, professionals are not guided by profit considerations alone –
you don’t need to check the scales every time. The duty of the professional is to
place the client’s interest above one’s own and the public interest above both.
 Trade includes manufacture, purchase, sale or resale of commodities whereas a
professional has nothing to sell except his knowledge and skills. He does not
advertise his skills or work unlike the trades-people who are heavily dependent on
advertising of their product to attract buyers.
The relationship of the professional with whom s/he works (colleagues and other
specialists) and people s/he serves (client or public) is consensual and fiduciary. The
professional:
 Needs to provide client with good judgment and learning –
 Needs to provide client with good judgment and learning – act as the client’s expert
advisor. Oliver North’s attorney objected to questioning by US Senators as he felt
that his role was not to sit idly while his client was facing serious legal difficulties.
 Needs to provide clients with information and options so the clients have the
opportunity to understand the situation and make the best choice of action. Must
have no conflict of interest with the client.
 Needs to have diligent self-policing of incompetence as well as of intentional
misconduct and abuse. This is the true hallmark of professionalism. Earlier
professionals were expected to exercise good judgment and fair dealing. To ensure
these professional codes of conduct or ethical standards were established and
rigorously maintained to improve the standard of practice and policing of the
profession. However, the codes have often been used to determine if actions fit into
the approved ethical guidelines rather than whether the underlying concept of good
judgment and fair dealing have been meted out to the client, public or the profession.

1.2 PROFESSIONAL ETHICS

Ethics is a set of moral values which define what actions we take are “right” and what are
the principles for the “good”. The subject of ethics is best left to the philosophers as it is
very difficult to come to specific terms. It has often been argued that teaching ethics is
useless, as it is a trait acquired from childhood to maturation. What is not arguable is that
architecture students need to be made aware of the ethical standards expected of a
professional architect.

It is expected that an architect maintain high moral and ethical obligations to the public to
whom service is rendered. In a public opinion poll in the US in the mid 90’s architects were
rated higher in ethical behavior to lawyers and some medical doctors and almost all business
people. The clergy was ranked the highest. Ironically, in Nepal the priests would probably be
rated one of the lowest and the architect probably in a favorable position.

Professional ethics are established to codify those standards of ethical behavior which
members of a professional organization must adhere to. The main problem in ethical
behavior comes when self-interest, guided or not by practical ethics, differs from our
professional ethics. Pragmatic and self-interest concerns are always present in practice but
our main obligation should always be to our client, users of the buildings as well as the
general public. However, when an architect faces financial ruin and loss of firm, practical
ethics may cause him to deviate from strict adherence to the code. Nonetheless, he may not
disobey the law.
The code of ethics calls for the obligation of its members to obey the law. A violation of the
law is a violation of the code of ethics; however, some violations of the code may not be
unlawful. Actions against some laws have been deemed morally right in certain
circumstances e.g. civil rights movement, antiapartheid actions, democratic movement
during Panchayat and Rana era etc.

1.2.1 Brief Look at AIA and RIBA codes

Earlier the American Institute of Architects had two sections to the code: advisory and
mandatory – “Responsibilities of the Profession, Advisory” and “Standards of
Behaviour … Mandatory for Membership”.

This was later changed in 1993 to goals that architects should aspire (as opposed to
responsibilities) and rules of conduct which are obligatory (as opposed to mandatory).
Some of the highlights of the earlier documents were:
Part One: Obligatory
 Architect to maintain highest integrity
 Architect’s honesty of purpose must be above suspicion
 Moral responsibilities to associates and subordinates
 Act with entire impartiality (between all parties in a project)

Part Two: Mandatory

 Architect can only be compensated by his fees for work done on the project
 No service without compensation (no free sketches except for established clients)
 Architect shall not compete for a project on a fee basis
 Architect shall not injure the professional reputation, prospect or business of a
fellow architect. He shall not attempt to supplant another architect or undertake a
commission for which another has been previously employed until he has
determined that the original employment has been terminated.
 Architect cannot be employed for a project for which he has been an advisor.
 Architect shall avoid paid publicity
 Architect shall not guarantee the cost of the project
 Mandatory adherence to these standards.

In the 1993 AIA Document 330, these rules were changed to allow submitting competitive
bidding, providing discounts and providing free service because of action by the Justice
Department based on the concept that common good is “right”. Supplanting rules were
also changed. The five obligatory rules of 1993 documents included: General Obligations,
Obligations to the Public, Obligation to the Client, Obligation to the Profession
and Obligation to the Colleagues.
If an architect is found to have breached the code of conduct, the Council can investigate
the matter and either reprimand or suspend the architect. Suspension from the Council
leads to his cancellation of his right to practice.

The Royal Institute of British Architects also has codes of conduct very similar to the AIA
codes. It consists of three principles. The first principle deals mainly with agreeing to the
conditions of appointment and agreed fees, not sub-letting work without the permission of
the client and acting impartially in the interpretation of the building contract. Principle two-
deals with informing client about any conflict of interest; not advertising and giving credit
to works of employees. Principle three deals with giving correct information, not offering
gifts or discounts to gain work and not supplanting another architect unless his
appointment has been terminated. A member proven to have breached the code of
conduct can be reprimanded, suspended or expelled from the Institute, in which case he
would be unable to practice architecture.

1.2.2 SCAEF Code of Conduct

The Society of Nepalese Architects (SONA) does not as yet have a code of ethics,
however, these are expected to be prepared in the near future. The Society of Consulting
Architectural and Engineering Firms (SCAEF), which has been in existence since
November 1990, has a code of ethics applicable to all its members. As of 2001, out of the
39 members 8 firms are mainly engaged in architectural works. The SCAEF codes are a
revised and improved version of the Code of Ethics for Engineers first prepared by the
Nepal Engineers’ Association (NEA) in 1969. The NEA code of ethics laid out ethical
conduct under 3 headings: 1) Relations with the Public 2)Relations with the Employer and
Client and 3) Relation with Engineers. This was later expanded by SCAEF to 5 sections: 1)
Responsibility towards the Nation 2) Responsibility towards the Client 3) Responsibility
towards the Profession 4) Responsibility towards Fellow Professionals and 5) Client’s
Responsibility towards the Consulting Engineer.

The fundamental principles of professional engineering ethics are:

The Engineer will uphold and advance the honour and dignity of the engineering
profession in keeping with the high standards of ethical conduct:
 Will be honest, fair and will serve with devotion his employer, his client and the
public
 Will dedicate himself to the advancement of the competence of the engineering
profession
 Will use his knowledge and skills in the service of humanity

A. Responsibility towards the Nation

 Moral Responsibility – towards community/gain public’s confidence
 Involvement in Community Development
 Refrain from Work which is against National Interest - endanger human race or
environment
B. Responsibility towards the Client
 To gain and Maintain Client’s Confidence
 To be Loyal to Client – use best technical knowledge and skills
 To Protect Interest of the Client – with absolute professional integrity
 To Safeguard Client’s Confidential Information
 To disclose any Conflict of Interest

C. Responsibility towards the Profession

 The Necessity of Formal Qualification
 Refrain from Claiming Skill not in his Profession
 Need to Exercise Greater Skill in Specialized Jobs – exercise best judgment and
advise client accordingly
 Need for High Quality of Skills
 Eligibility for Agreed Remuneration only
 Refrain from Holding Position Where There is Conflict of Interests
 Need for Professional Development – exchange of professional experiences

D. Responsibility towards Fellow Professionals

 Respect Fellow Professionals – not undermine professional credibility of others
 Refrain from Unhealthy Professional Rivalry
 Refrain from Associating with Undesirable Firms/ Individuals

E. Client’s Responsibility towards the Consulting Engineer

 Selection of Consulting Engineers on Merit Basis
 Payment of Agreed Fees as per Agreed Payment Schedule
 Respect for Professional Relationship
 Acceptance of Consequences Arising from Deviation of Advice
 Relation with Third Party

Analyze clause by clause how closely members are adhering to the above codes.

Unlike the AIA, RIBA, IIA or even the Nepal Engineering Council acts, expulsion from
membership of SCAEF for a breach of code does not hinder the member from
practicing. Also SCAEF tends to be exclusive and somewhat elitist as its members consist
only of larger, more established firms.

Some of the drawbacks of the SCAEF code of ethics

 How can an architect or Engineer be accountable for the actions of the client? The
clauses are more appropriate for inclusion in the Contract Agreement rather than
as part of the code of conduct of SCAEF members.
 Concern shown only for fellow professionals. Silent about appropriate/adequate
compensation and working conditions for subordinate and employee professionals
and providing opportunity for their professional development, which is expressly
stated in the NEA codes.
 No specific mention against discounts, commissions, gifts or other inducements
 No mention about giving due recognition to the professional contribution of
employees.

The Architects Professional Conduct Regulations 1989 India contains most of the
clauses of SCAEF except the clauses on the responsibility of the client. In addition, it
includes the clauses on giving proper recognition, remuneration and working
environment etc. to employees. It disallows discounts, commissions and advertising.
It stipulates members to follow specified competition guidelines and fee structures for
services rendered. The Architects’ Council of India can look into complaints of
misconduct and if found guilty, the architect can be reprimanded or removed from
the register after which the architect would be barred from practicing in India.

1.2.3 Nepal Engineering Council Act and Code of Conduct

The Nepal Engineering Council Act 2055 became effective since 11 March 1999. As
per the Act one has to be registered with the Council in order to be able to practice
engineering in Nepal. Since Nepal does not have a separate Architects’ Council,
architects have to register with the Nepal Engineering Council in order to practice in
Nepal. This is the only statute regarding engineering practice. SONA or SCAEF do
not have any statutory backing and serve only as professional associations that have
no authority to stop any member or non-member from practicing in Nepal.

The Council has the authority to prepare policies, plans and programs for engineering
services; award recognition to institutions providing engineering education; determine
minimum qualifications for practicing engineering and to strike out from its register
the names of those who violate the professional code of conduct. Since the Council is
still in its infancy, it has not as yet begun its regulatory functions. These are expected
to be taken up once the Council is more established and begins to function smoothly.

The Council has prepared a brief code of conduct for its members. The main
elements of the code are:

 To practice engineering profession with discipline and honesty for the welfare
and honor of the profession.
 To maintain good relations with the client and to keep confidential all
information related to his work.
 Not to discriminate against the client because of his religion, race, gender, caste
or any other reason.
 Not to accept any financial benefits other than professional remuneration and
related facilities
 To remain accountable for one’s professional services
 To disclose the name, designation and registration number in all the drawings and
documents
 Not to advertise in a way which would unnecessarily influence clients

If a complaint is received against a member for a breach of code of conduct and the
investigation committee of the Council finds him guilty, he will be suspended from
membership and his name will be removed from the register of the Council. He will
then be prevented from practicing until he is again reinstated by the Council.

1.3 DISCUSSIONS OF CASE STUDIES OF PROFESSIONAL CONDUCT

 Example of misconduct – undercutting of fees, commission from contractor,

collusion with project manager, inflating the bill of quantities etc.
 Example of high professional conduct – Citicorp Centre in Midtown Manhattan.
Building raised on 4 nine-storey high columns placed at the centre of each
elevation. Architect Hugh Stubbins Jr.; William J. Le Messurier (pronounced
Lemeasure), leading structural engineer, designed the 25,000 ton steel skeleton
under the 59 storey tower’s sleek aluminum skin.

In 1978 a student calls to tell his professor thinks column placement wrong.
Column design result of compromise to rebuild the existing St. Peter’s Church.
Buildings corners cantilevered out 72’ out over church and plaza - dramatic effect.
Le Messurier explains LeMessurier explains structure best solution to cover
quartering winds. New York City’s building codes required adequate strength in
perpendicular winds which had been determined safe. In the spirit of intellectual
play, he decided to check for winds at 45° and was surprised to discover strain on
bracing increased by 40%. When cross-checking, he found that welding at joints
had been changed to bolted joints to reduce cost as well over designed strength.
He had doubts about bolted joints’ ability to withstand quartering winds. After
consulting leading Canadian engineer Alan Davenport who ran tests in wind
tunnel, his fears got confirmed. Calculations showed joints at 30th floor would fail
in a 16 year storm and with dampers in a 55 year storm but high chances of
electricity to control dampers failing during storm. Additional welding at joints
required. To prevent disaster Le Messurier decided to blow the whistle despite
knowledge this could lead to possible protracted legal action, bankruptcy and
professional disgrace and would definitely be a shock to Citicorp management and
shareholders. Contemplated keeping silent, even suicide. Grilled by company
lawyers. Leslie Robertson, structural consultant for the World Trade Centre
brought in review design. Le Messurier and Stubbins went to meet the chairman
of Citicorp who was very supportive. Department of Buildings informed but
efforts taken not to leak information to avoid panic. Evacuation plans prepared,
 constant watch of weather and damper. Robertson, constantly monitoring the
building and progress. Citicorp released bland press release. Qualified welders
hired to conduct welding after office hours throughout the night. Strengthening
carried out successfully. Building can now withstand 500 year storm. Le Messurier
sued by Citicorp for $4.3 million but settled for $2 million which was the limit of
insurance coverage. This is an example of no villains and all heroes.

Reference:
Legal and Contractual Procedures for Architects; Bob Greenstreet and David Chappell; 1996.
Nepal Engineering Council Regulations; Nepal Engineering Council, 2057.
Report on Consulting Architectural and Engineering Industry in Nepal; The Task Force on
Consulting A & E Industry in Nepal; 1990
Professional Practice: A Compendium of Business and Management Strategies in Architecture; Andy
Pressman; 1997
2. PROFESSIONAL RELATIONSHIP

2.1 ARCHITECT-CLIENT RELATIONSHIP

For the practicing architect, attracting and retaining fee-paying clients is a matter of survival.
In the US, out of over 13,000 architecture firms owned by AIA members, only 5% employed
more than 10 architects while 62% were one-person firms and growing. In India out of over
23406 registered architects in 1998, 10% were in the public sector, 30% in the private sector
while 60% were self-employed. In Nepal as employment opportunities in the public and
semi-public sectors become saturated, the trend towards individual private practice will have
to be expanded. Currently less than 5% of the buildings in Nepal are designed by architects
and the majority of the architects are concentrated in Kathmandu Valley. If the percentage
of buildings designed by architects can be increased and architects begin practice in the
rapidly urbanizing centers of the country, the scope for private practice is quite significant.

The success of private practice hinges on successful client-architect relationship. Professional

organizations recognize this and include it in their code of ethics. Breakdown in relationship
is less from failure in design and more often due to breakdown in the contractual
relationship due to misunderstanding, miscommunication or general lack of comprehension
of the relative responsibilities of both parties. It is important, therefore, for both parties to
have a clear understanding not only of their own rights, responsibilities and duties but also
of the other party. This understanding can be brought about through discussions, letters,
recorded minutes of meetings etc., however, use of contracts is one of the most convenient
ways of establishing the ground rules. Although one can produce one’s own contract, uses of
standardized contracts ensure that important issues are not left out. They have been
continuously reviewed and revised and tend to be fair to both parties.

For the meeting of minds to be successful, two conditions must be fulfilled:

 The relationship needs to be detailed out as much as possible so that both parties
understand them fully
 The understanding needs to be achieved BEFORE the contractual relationship has
been formalized

The AIA, RIBA have various types of standardized agreements. The Indian Institute of
Architect also recommends the use of a standard contract agreement. SONA has yet to
produce its own set of contract documents, whereas, SCAEF has a standard agreement
based on FIDIC and ADB documents. Many projects being implemented in Nepal through
donor funding have to use the contract agreements of the concerned agencies e.g. the World
Bank, ADB, UN, USAID etc.

The contract document also allows the architect to “educate” the would-be client on the
roles and responsibilities of each side and conversely what is NOT part of the basic services.
The standard agreements always specify the basic services to be provided. This helps to
protect the architect against unrealistic expectations of the client and also alerts the client to
his role during the period of the contract. Although this appears to be a tedious task, not as
interesting as discussing design and also has the possibility of frightening off a few clients, it
is better to lose an uncertain client before the work begins rather than during the process.
Architects are most vulnerable to working for a client on a verbal or informal basis in the
beginning of their careers because of the need to grab any client at any cost. As a result they
are overworked and underpaid. Example – a client demanding daily site visits delayed
payment, conflict.

When dealing with a client, a few things which need to be kept in mind:

Time to Sign Contract

It is quite common for architects to produce a few sketch designs at preliminary meetings
with the client before signing a contract. This is not necessarily a bad practice as it is akin to
“fishing” and helps secure the client. But such work should be limited and agreement should
be entered into within a reasonable period of time. In Nepal certain clients are notorious for
trying to milk architects for designs, simultaneously engaging two or more, and finally getting
the agreeable design developed cheaply through an overseer or draftsman. It is often very
difficult to deny clients when they request to take the sketches to discuss with family and
friends. They should be judged carefully before parting with such sketches. When the client
tends to prolong the signing of an agreement, the future of the relationship needs to be
carefully evaluated. Better to lose a potentially troublesome client than to risk problems later
on. Architects in heavy demand or with substantial workload can charge for preliminary
works, but this may not be possible for beginners.

Clarifying Client’s Requirements

Sometimes a client has difficulty clarifying his requirements and despite a lot of work the
architect cannot satisfy him. To safeguard against this, at the outset it must be made very
clear to the client that the architect is paid to review and clarify the client’s program. If the
client is vague about his requirements and needs substantial assistance from the architect to
gather and analyze necessary information (such as market studies, field studies, soil
investigations etc.), he should be informed that additional fees will be required.

When to Stop Designing

The architect is supposed to provide a design which fulfills the client’s expectations.
Sometimes some clients are very difficult to please and the architect has to produce a
continuous stream of drawings causing him to overrun his budget. It is possible to limit the
number of sketch design at the contract stage, especially if such a situation can be foreseen.
However, this requires the client’s agreement and he may be reluctant to setting limits. Fees
can also be set according to the amount of work done, but again the client may not agree to
this. Nonetheless, it pays to plan for such contingencies to prevent problems later on.

Accuracy of Estimate
During the early phase of design, the client needs to be given only preliminary cost of the
project. However, care must be taken to keep the cost fairly accurate. Many consultants in
Nepal tend to deliberately provide underestimates to the clients in order not to scare them
off. This is not a good practice as it unnecessarily puts the client in a financial difficulty later
on which could be harmful to the future relationship. Detailed estimates need to be prepared
before bids are invited. Certain consultants have been known to deliberately inflate and
underestimate certain items and later delete them or include them as additional items. This is
done with bad intentions and made known to certain contractors so they can outbid others
by quoting unrealistically low or high prices for these items.

Delays Beyond Architect’s Control

Delays can occur in getting necessary approvals/ agreements, financing etc. where architect
has no obligation to expedite the process. The client should be made fully aware of any such
delays. There should be no misleading of the client. If long delays are foreseen in some
projects (legal/financial etc.) it may be wise to include limits to project extension periods.

Extent of Services
There is a tendency to think that the role of the architect as advisor and consultant more or
less covers everything about building design and construction. Both clients and architects
often fall into this trap. Architects could be providing too many services for too little fees. It
is advisable to prepare clear terms of reference (TOR) for the architect’s services, clarify the
TOR to the client and include it in the contract. This will avoid over-expectation of services
from the client.

Site Visits
Site visits should be made at appropriate intervals depending on the stage and nature of the
project (setting out, before cover-up, reinforcement, concreting etc.). The contract
agreement should be, however, be thoroughly studied while advising on site work or
conditions and process should be followed accordingly. Misunderstanding of instructions
can lead to conflict between client, contractor and architect.

Architect’s Fees
The amount and timing of the architect’s fees is very important for the smooth functioning
and proper financial management of the firm. In many instances architects face difficulty in
receiving timely payments, putting him into financial crises and completely disrupting his
plans. Often a certain percentage of the fees are never paid at all and payment of fees is an
issue that often brings about conflict in the client-architect relationship. Thus mode of
payment, payment amount or percentage etc. must be clearly stated in the contract
agreement and must be made clear to the client. Despite all the care, certain clients are
always reluctant to make timely payments. Therefore, it is good practice to promptly submit
bills, maintain excellent records of all transactions and keep sending polite reminders.
Although legal action is possible, it should be done only after careful consideration because
of the cost, time and potential public relations damage.

2.2 ARCHITECT- CONTRACTOR RELATIONSHIP

Although there is a contract agreement between the owner and architect and the owner and
the contractor, there is no contract between the architect and contractor to guide and
formalize their relationship. However, the contract agreement between the owner and
contractor (the standard GoN document is based on the World Bank’s small contracts
format while the documents used by SCAEF and ADB are based on the FIDIC format)
gives certain rights to the architect (designated as “Engineer” in many of the standard
documents) associated with his contractual duties to the owner. The documents also specify
responsibilities of the architect to both the owner and the contractor. It is while trying to
balance his duties to the two parties that he faces potential problems, especially with regard
to accuracy of drawings, specifications and contract documents; certification of progress
payments; review and approval of work, substantial completion certificate and claims. To
carry out the balancing act properly, the architect should strive to gain the respect rather
friendship of both the parties.

The contract document designates the Project Engineer/manager (who normally represents
the architect at the site) as the main line of communication between the client and the
contractor. Since the architect is vested with the authority to receive and give instructions on
behalf of the owner, the architect’s action or lack of it, makes the owner liable to the
contractor for the architect’s improper actions. The owner also expects to recoup any losses
incurred due to the architect’s action/inaction. The owner expects the architect’s full loyalty
in protecting the owner against poor workmanship and excess costs. However, as per the
contract, the architect, despite being hired by the owner, is expected to act impartially
between the two parties. A few areas of potential problems are:

Errors in Drawings and Estimates

As per the contract documents, the contractor is responsible for the careful review of
drawings, specifications, estimates etc. and pointing out any errors, omissions or
inconsistencies. This does not cover review to ascertain whether 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.

Construction Supervision
The architect has the authority to ascertain that works are being undertaken as per the
contract. He has the authority to reject defective materials and construction, make variations,
certify payments etc., however, he needs to carefully follow the procedure spelled out in the
contract. He can ask for testing of works which if found proper has to be paid for by the
owner. The owner expects the architect to favor him during such decisions while the
contractor may question the objectivity of the architect. The architect is expected to act fairly
towards both the parties; however, he may be put under great pressure by the owner,
especially if the owner happens to be the government or a large institution.

Changes to the Construction Contract

Changes in the construction contract are quite common due to problems in the drawings,
specifications, site conditions, weather, acts of God etc. Sometimes the owner orders extra
work. Change orders can sometimes effect the profit or loss situation of the contractor if
loss making items are increased or profit items are deleted unreasonably. The associated time
extensions also affect the contractor if there are bonuses or liquidated damages built into the
contract. When there is mutual agreement between the owner, architect and the contractor,
the change orders can be executed without problems. However, even if the contractor
disagrees, he is obligated to perform the work whether agreement is reached or not. Owners
are also very sensitive to changes as they increase cost. Some owners even insist on deleting
items to reduce costs. Thus the architect needs to be very careful while making change
orders in the contract as he could come under attack from both the parties.

In certain circumstances, the architect needs to be extra careful about requests for change,
especially if he suspects there is collusion between the owner and the contractor. This is not
unusual if the owner is the government and is represented by corrupt bureaucrats. In case of
legal action, the architect is liable to be made the scapegoat. Because of such malfeasance the
World Bank and ADB have now made it mandatory to include a clause on corrupt and
fraudulent practices which can terminate a contract and blacklist a contractor. This clause
becomes completely redundant when the owner himself colludes with the contractor. In
such severe situations the architect has to be very careful and may even have to consider
terminating his agreement. Example of an architect who 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.

Disputes
The architect is given the power to resolve all claims and disputes between the client and the
contractor, including any claims arising out of the architect’s errors or omissions.
Unfortunately, many contractors tend to discount the architect’s ability to be fair in
determining disputes between the owner and the contractor and prefer to refer them to
arbitration. As arbitration involves extra time and cost, it is important that the architect
resolve claims and disputes fairly so that the contractor builds more faith on his neutrality.

Payments
The architect has to process the contractor’s interim and final payment requests. Care has to
be taken against “front-end loading” or excessively high or low rates for certain items in the
contract. He should consider asking for additional guarantees if he feels such imbalance
could affect the smooth performance of the contract. Payment is a sensitive issue as the
owner does not want to pay for work not performed while the contractor does not want to
continue work unnecessarily at his own expense. The architect needs to certify payments
within the stipulated time period. Unless there are valid reasons e.g. defective works,
persistent delays, failure to pay subcontractors etc., the architect should not unreasonably
withhold payment certification as it can be very financially damaging for the contractor.
While processing of payment requests need to be as thorough as possible, minor errors or
omissions can easily be adjusted in the subsequent bills.
Project Completion
It is the architect’s responsibility to certify substantial completion and final completion of
the project. After 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 and preparation of final bills initiated. Before certification, a joint
inspection is made and a list of minor items to be completed is prepared. Conflicts can arise
during the preparation of the list or determining whether the substantial completion
certificate can be issued as it involves large financial outcome.

2.3 ARCHITECT’S RELATIONSHIP WITH OTHER CONSULTANTS

AND STAFF

Consultants

When a construction project requires certain services outside the normal services offered
by the architect, on the advice of the architect, the owner may employ specialists. This is
common for a one person practice. Separate contracts should be made with the specialists
so that the architect is not made liable for the specialists’ work. Some of these specialist
services are town planning, quantity surveying, structural engineering, mechanical
engineering, electrical engineering, interior design, landscape design etc. Often it is more
practical and profitable, especially for an architectural firm, to include these services within
its normal services in which case it must increase the fees to account for payments to be
made to the consultants. When the architect takes on the full responsibility of providing
the specialist services, he is liable for their performance so he must ensure their work is
undertaken with skill and care. He also needs to make the owner clear about such an
arrangement as he has to bear their costs. Where the specialists’ inputs form a part of the
architect’s services, it is advisable for the architect to sign an agreement with the specialists
prior to the commencement of the work, clearly outlining the scope of services,
responsibilities, terms of payment, duration of services etc. in order to avoid
misunderstanding and conflict later on.

While dealing with fellow architects, the architect should not try to compete with them
unfairly by reducing fees; offering discounts or other inducements in order to undercut
their fees. He also should not discredit or try to undermine the professional credibility of
other architects. Until and unless it has been determined that the contract of an architect
has been terminated in a fair and proper manner, 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.

Staff

The architect should take every care to ensure the health, safety and general welfare of his
employees as far as he reasonably can. This includes providing a proper working
environment, training and social benefits. Although a contract is not generally necessary for
employees, a statement of the terms of employment should be provided. The terms
of employment should generally include:

 Names of parties,
 Date of commencement of employment,
 Wage or salary rates
 Payment intervals
 Working hours
 Benefits such as paid leave, sick leave, insurance, provident fund, pensions, gratuity
etc.
 Job title and job description
 If the employment is for a fixed period, the date of expiry of employment
 Restrictions on private work, if any
 Position as to copyright

Certain obligations are implied on both the architect and his staff after employment. It is
the duty of the architect to provide work, wages, take reasonable care of the employee’s
safety and indemnify them against liability in the proper performance of their duties. He
should also recognize and respect the professional contribution of his employees,
associates and consultants. Similarly, it is 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.

Reference:
Professional Practice; Dr. Roshan H. Namavati; 1997.
Professional Practice: A Compendium of Business and Management Strategies
inArchitecture; Andy Pressman; 1997.
Legal and Contractual Procedures for Architects; Bob Greenstreet and David Chappell;