Sulit Jeduard Allen C.

ARC-4101
NAW Webinar Take Away Professional Practice 3

Ethics & integrity Architecture as Noble Profession

▪ Ethics - are moral principles help govern decision-making distinguish right from
wrong socially acceptable & respectful.
- distinguishing between right and wrong is important
▪ Integrity - refers to quality of being honest
- strong moral principles
- moral uprightness
- difference between right and wrong (link in ethics)
▪ Nobility -means showing a high level of character
- good morals
- aristocracy to a high social class or rank
▪ Profession:
15 Characteristics of a Professional
1. Professional appearance
▪ A professional must observe proper attire, hygiene & grooming in the office
& field (depends on the field environment)
2. Reliability
▪ A professional is reliable, expandable, committed & does not overpromise
▪ Every work is completely fulfilled in time
3. Ethical behavior
▪ Commits to do the right thing
▪ Means professional can clearly distinguish between right & wrong
▪ Always choose to do of what is right
4. Organization
▪ Presentation is well organized and assures quality
5. Accountability
▪ A professional takes every action with responsibility
▪ Is answerability, liability & expectation of account giving to a team
6. Professional Language
▪ Refrains from the use of slang and uses professional language
▪ Formality of a professional is always expected
▪ Constructs his sentences differently when presenting in an office vs
presenting on the field
 7. Professional vs. Personal concern
▪ Separation of these is clear
▪ A professional does not bring their family problems on the work field

8. Positive attitude
▪ Is an attitude that can do a high morale
▪ believes that everything happens for the best in the end
▪ paying attention to the good rather than the bad
9. Emotional Control
▪ Is the calmness and composure in all situations
▪ The ability to react in a way to a most sociable and respectable manner to
all types of stimuli even the extreme ones
10. Time management
▪ Always on time
▪ Easily makes tasks to a schedule
▪ Attention to necessary task to what is more important
11. Focus
▪ Clear about her goals
▪ Tries to Achieve productivity
▪ Has a clear and sharp detail, also Has a clear and definite purpose
12. Poise
▪ Calm and confident during pressure
▪ Having a compose and assured manner
▪ Elegant bearing
13. Respect for others
▪ A professional treat other with respect
▪ Willing to hear opinions, being kind and mindful of others
14. Strong communication
▪ Is a strong communicator
▪ Has skills that convey messages effectively
▪ Communicates with transparency
▪ Good listener and respect others
15. Soft skills
▪ Possesses leadership, critical thinking, and people skills
▪ Refers to personal attributes that Ables to interact effectively and
harmoniously with other people such as dependability, open-mindedness,
creativity, and adaptability
Some of the scandals in the practice of Architecture:
▪ “Sulutan”- local slang that means architects buy with one another for projects and
do all that they can against their colleagues.
▪ Architect may over present his qualification to do such work.
▪ Conflict of interest.

Presented By: Ar. Prosperidad C. Luis

Get an Architect Campaign
“As per the directive from the UAP National to the Commission on Professional
Practice CPP, the current “Get an Architect” campaign structure will be adapted due to
the existing campaigns recall among the general membership and the general public.
However, the CPP can propose a modification to further evolve the structure of the current
campaign”

1. Inclusion of the term “Architectural” to the catchphrase “FOR YOUR PLANS AND
DESIGNS” to become “FOR YOUR ARCHITECTURAL PLANS AND DESIGNS”:
▪ To be more specific on the type of professional services and contract documents
of RLA
▪ For awareness and information of the general public and our clientele
▪ Aims to convey mutual respect to our allied professionals
2. Inclusion of the UAP website Address Only for “Brevity” at the upper right portion of the
campaign with the UAP logo.
▪ As the website address when properly explored which contains pertinent
information about UAP organization including its contact details. Location, and
other significant listings.
3. Retention of keyword “GET AN ARCHITECT” to the campaign structure with the
inclusion of the “hash sign (#)” to become “#GETanARCHITECT”
▪ Due to the influence of the digital application on websites & social media, the
inclusion of the hash (#) sign will highlight more the specific catchphrase and its
digital content if applicable.
▪ It encourages digital users to explore more the contents that catches the eye and
will be easier to find posts or information with a theme or contains specific content
4. Inclusion of “Multi-Lingual” local and/or indigenous dialects in the campaign structure
▪ Inclusion of local and indigenous Filipino dialects in the campaign structure as
“Speak my Language” to be “Multi-Lingual” will enhance more the campaign
message being expressed. It will also express a language-first campaign, adding
more appeal to the campaign structure that will be adapted and posted to several
locations within the Philippines where the local dialect is applicable.
Dispute Avoidance in Construction

Dispute Avoidance- are techniques that can be used to stop disagreements escalating,
saving valuable time and money, preserving professional and commercial
relationships and reputations. Dispute Board often feature in high-value and
complex construction projects with the primary aim of avoiding and preventing
disputes

Common Causes of Disputes

Owner related
▪ Variations initiatives
▪ Change of scope
▪ Late giving of possession
▪ Acceleration
▪ Unrealistic expectations
▪ Payment delays
Contractor related
▪ Delays in work progress
▪ Time extensions
▪ Financial failure of the contractor
▪ Technical inadequacy of the contractor
▪ Tendering
▪ Quality of work
Design related
▪ Design errors
▪ Inadequate/incomplete specifications
▪ Quality of design
▪ Availability of information
▪ Ambiguities in contract documents
▪ Different interpretations of the contract provision
▪ Risk allocation
▪ Other contractual problems
Human behavior related
▪ Adversarial/controversial culture
▪ Lack of communication
▪ Lack of team spirit
▪ Site conditions
▪ Unforeseen changes
External factors
▪ Weather
▪ Legal economic factors
▪ Fragmented structure of the sector

Conflict avoidance – ranges from the simplistic, but straightforward approach of care
and management in the preparation of documentation in order to avoid ambiguity
in the adoption of partnering and alliancing
Good management – who proactively manage the project for which he or she is
responsible or the duties that they have to their client in respect of the
appointment is an excellent starting point for the avoidance of dispute. Proactivity
and planning and managing future works, as well as raising early any issues of
concerns, provide confidence in the team’s ability, enabling problems to be
analyzed and managed.
Clear contract documentation
▪ Many disputes arise from ambiguities of contract documentation or argument as
to whether there is a contract at all. The real cause of a dispute might lie elsewhere;

▪ Example: a contractor that is in financial difficulties in respect of a project might

seek to exploit ambiguities in order to recoup its financial position

▪ Good documentation means capturing the specific details of the project and
addressing the circumstances and risks of the project. Volumes of general
specifications might not meet this requirement. The key is to identify the main
areas of risk and set out a strategy for dealing with them clearly
Partnering & alliancing
▪ Building cooperation between the project participants in order to foster team
working, problem solving and an emphasis on project delivery can assist in the
avoidance of disputes
Partnering
▪ Is a general term covering practices that are designed to promote greater
cooperation between all project team participants. The emphasis is on the
management of people, not necessarily within a business, but between
businesses. It is not limited to the contractual relationships. It is about building
collaborative relationships in order to minimize conflict and promote a more open
system of communication that leads to a greater practical benefit to the projects

▪ The participants in a project might sign a partnering charter which is non-binding.

In other words, it is not intended to have contractual effect
 ▪ Alternatively, parties could adopt a binding contract which incorporated partnering
principles

▪ The contract could be between main contractor and employer, or it could be a

multiparty contract embracing the design team and the key members of the supply
chain. Regardless of the contractual nature, partnering is only effective if the
participants are proactively engaged in the process throughout the project.

▪ An important step in partnering arrangement is to hold, at the outset of the project,

a partnering workshop with the key participants. This provides an opportunity for
the key individuals within the organizations to understand in practical terms how
the processes operate, also to become familiar with each other in the spirit of
cooperation and best endeavor for the project

Among the deliverables of the basic program are:

▪ Risk Management Plan – defines the risks associated with the project and
develops methods to deal with specific risks by the parties best able to control or
manage them
▪ Pre-planning Partnering – A separate session conducted with the designer and
engineers
▪ Communications Plan – Defines the means and methods of communications
between the parties and the public and includes meeting schedules, topics,
attendees, deliverable and responsibilities
▪ Partnering – Conducted with designers, contractors, and/or stakeholders
▪ Construction Document Review – Defines and clarifies the contract and
construction documents, evaluates contractor constructability issues, values
engineering and addresses any other design or construction issues presented by
the parties
▪ Identification of Risks to Project Success – Estimates the impact of the project
in several areas, effect of neighborhoods, other public relations issues
▪ Dispute Escalation Chart – Deliberates responsibility, authority, and time limits
of the parties in the event of a dispute
▪ Refinement of On-Site Dispute Resolution Techniques – to meet special needs
designation of ADR processes, such as mediation or arbitration, to be utilized in
the event disputes escalate
Good management skills:

Good project management – means proactively managing all aspects of time, money
and risk associated with the project. This involves often addressing some of the
most difficult issues. Simply allocating responsibility for all items to others is
never adequate
Good client management – A good understanding of the client’s objectives and the
client’s approach to risk is also extremely valuable, as will be maintaining good
lines of communication with the client. This will assist not only in identifying how
risks and issues are to be dealt with within the contract documentation and
throughout the project, but will also build sufficient rapport to avoid a situation
where the client incorrectly believes that the surveyor can warn the client about
issues and problems that are within the surveyors’ services under the appointment
with the client, and then discuss how those issues might best be dealt with.
Good constructor management – In terms of conflict avoidance, this means having an
objective understanding of the project, the contract, and the program of works. This
goes beyond communication with the builder, requires regular objective
assessment of progress and proactively dealing with issues arising during the
project. Problems and delay need to be dealt with at the time in a positive and
objective manner. Primary responsibility will fall to the project manager, architect,
contract administrator of employer’s agent.
Good design team management – The provision of information within the design team
and from the design team to the constructor is also crucial. Good forward planning
and the management of conflict that could arise among the design team or
between the design team and the constructor are also crucial for the avoidance of
dispute.
Good payment practice – The design team and the constructor rely upon cash flow.
Once payment provisions have been agreed, the evaluation should be carried out
and payments made promptly. This itself can avoid animosity, conflict, and dispute.
Other characteristics:

Record keeping – Many disputes can be resolved retrospectively considering records

that have been kept during the procurement or the carrying out of a project. This
means keeping a proper record of the labor, plant, and materials used in respect
of a project. It will also mean obtaining a daily record of the site’s activities as well
as regularly obtaining progress reports. Importantly, this should also include a
record of resource movement. In other words, when change occurs, some record
of how that change has impacted upon the project should be made
contemporaneously.
Regular reporting and proactivity – Regular monitoring of cost, progress and quality is
important for the success of any project. This may take the form of minutes of
meetings, progress reports, drop lines on program, and photos. It is perhaps even
more important to raise and manage any issues that are causing delay, any
increases in cost or quality problems as soon as is practically possible. Any actions
should be recorded so that they can be tracked towards conclusion.
Checking the contract documentation – Disputes can be reduced by checking that the
contract documents are in place. This can be considered in two stages: Preparing
the tender documents and then preparation of the contract documents.
The tender – should not only contain all the technical works-related documents, such as
drawing and specifications, but it should also set out the contract details.
Exact description of the contract
- The exact description of the contract (assuming that this is likely to be a
standard printed form), which edition, does sectional completion apply, do any
supplements or amendments apply.
- the exact details for the appendices, completion dates, insurances, etc.
- The full text of any purpose written amendments to the contract, and
- The full text of any ancillary documents such as bonds, guarantees, collateral
warranties, etc.
Formal contract – it is important to take care in producing a coordinated set of tender
and contract documents. Operating under a letter of intent only delays detailing
with the key issues between the parties, which need to be agreed for there to be a
formal contract. Completing the formal contract and avoiding letters of intent is a
good conflict avoidance strategy.
The contract
- is prepared and signed as soon as is practically possible after the client has
decided to appoint a contractor
- any purpose-written amendments are expressly incorporated, and that they are
attached to the contract (in some instances the purpose-written document might
be the leading contract document which contains the appendices information).
- Keep a full copy of the contract bundle before it is issued in case it is lost while
being circulated for signature

Architects can act as a catalyst

As architects with broad special experience in constructions, wea re ideally placed
to understand the priorities of the people involved. We fully appreciate project team
relationships and our experience of interacting with employers, professionals,
contractors, and sub-contractors at all stages of the construction process ensures we can
help unravel seemingly impossible problems. Act as a catalyst enabling parties to see the
strengths and weaknesses of their case providing impartial, non-binding opinions

What is dispute avoidance and resolution?

ADR is, in its essence, a private procedure. As such, ADR allows for privacy to
resolve a dispute, to avoid a public record and judgement, and minimize the potential
impact on other future disputes. The appropriate ADR procedure can also allow for
confidential and proprietary business information to be disclosed.

Negotiation
Disagreements can often benefit from the input of a skilled third party neutral to
resolve issues, before they crystalize into a formal dispute. It is widely accepted that
disputes in the construction industry are costly and are a distraction that impacts
management time. Dispute avoidance techniques can be used to stop disagreements
escalating, saving valuable time and money, preserving professional and commercial
relationships and reputations.
Dispute Boards
-Dispute Boards often feature in high-value and complex construction projects with
the primary aim of avoiding and preventing disputes.
- The Dispute Board is constantly up to speed the project through regular site visits
and meeting the relevant parties. The Dispute Board is on hand to provide support to and
work with the parties to deal with and resolve problems as they arise in a project. If a
dispute cannot be resolved the board may be requested to formally determine the dispute
and provide a contractually binding decision.
Conflict Avoidance Panels (CAPs)

- Are an effective measure to mitigate the time and cost impact of construction
disputes.

- They avoid the need to resort to formal dispute resolution measures by

implementing real time and proactive dispute avoidance during the course of a project.

- Dispute Avoidance

- Minimize the risk of a construction dispute occurring

- It is widely accepted that disputes in the construction industry are costly and are
a distraction that impacts management time. Dispute avoidance techniques can be used
to stop disagreements escalating, saving valuable time and money, preserving
professional and commercial relationships and reputations.

- Many organizations acknowledge that disputes frequently arise. They understand

that the larger the project is, the greater the risks and ramifications of any conflict see
their Conflict Avoidance Panels (CAPS) to promote good communication and outcomes
for its construction projects.

Conciliation - is widely used in construction disputes throughout Ireland and in some

other countries

- It is a voluntary process of settlement negotiation conducted with the direction

and support of a third-party neutral, the conciliator

- Where parties cannot arrive at a negotiated settlement, the conciliator will go on

to issue a recommendation. Where this is accepted by the parties, it becomes final and
binding. Where it is not accepted, other forms of dispute resolution, such as construction
arbitration, can be adopted.

3 ways to resolve disputes based on:

▪ Negotiation
▪ Mediation
▪ Arbitration

Mediation-an impartial person called a “mediator” helps the parties try to reach a mutually
acceptable resolution of the dispute. The mediator does not decide the dispute but
helps the parties communicate so they can try to settle the dispute themselves.
Mediation leaves control of the outcome with the parties.
Cases for which Mediation may be appropriate

Mediation may be particularly useful when parties have a relationship they want to
preserve. So, when my family members, neighbors, or business partners have a dispute,
mediation may be the ADR process to use. Mediation is also effective when emotions are
getting in the way of resolution. An effective mediator can hear the parties out and help
them communicate with each other in an effective and nondestructive manner.

Cases for which Mediation may Not be appropriate

Mediation may not be effective if one of the parties is unwilling to cooperate or

compromise. Mediation also may not be effective if one of the parties has a significant
advantage in power over the other. Therefore, it may not be a good choice if t the parties
have a history of abuse or victimization.

Cases for which Arbitration may be appropriate

Arbitration is best for cases where the parties want a arbitrator/arbitral tribunal who
has authority, training or experience in the subject matter of the dispute to decide the
outcome of their dispute for them but would like to avoid the formality, time, and expense
of a trial

In neutral evaluation

Each party gets a chance to present the case to a neutral person called an
“evaluator.” The evaluator then gives an opinion on the strengths and weaknesses of
each party’s evidence and arguments and about how the dispute could be resolved. The
evaluator is often an expert in the subject matter of the dispute. Although the evaluator’s
opinion is not binding, the parties typically use it as a basis for trying to negotiate a
resolution of the dispute.

Presented by: Ar. Ramon Abiera