ARCHITECTURE PROFESSION-

CHANGING PARADIGMS OF
PRACTICE

Part - 1
UNIT 1
 HISTORY OF ARCHITECTURAL PROFESSION & PRACTICE IN INDIA

• EAST INDIA COMPANY (1757 -1858)

• BRITISH RAJ /RULE (1858 to 1947)
• BRITISH ARCHITECTS INVITED TO INDIA
• GOVN BUILDINGS TO BE CONSTRUCTED
• CONSTRUCTED FAMOUS BUILDINGS
• C.S.T BUILDING (V.T RAILWAY STATION)
MUMBAI VICTORIA MEMORIAL KOLKATTA
• TAJ MAHAL PALACE HOTEL MUMBAI
• RIPON BUILDING CHENNAI TO ESTABLISH
THE KINGDOM
• REQUIRED TRAINED ASSISTANTS TO WORK
• STARTED SCHOOL OF ARCHITECTURE MUMBAI
1913 RENAMED SIR J.J COLLEGE OF
ARCHITECTURE Oldest school in Asia EAST INDIA
COMPANY (1757 to 1858)
• APART FROM GOVN ASSIGNMENTS BRITISH
STARTED THEIR PRACTICE IN INDIA WORKED
FOR MAHARAJAS , EUROPEAN BUSINESS
HOUSES ETC
 INTRODUCTION TO ARCHITECTURAL PROFESSION CODE OF CONDUCT &
ETHICS
ARCHITECTURE : A PROFESSION OR A BUSINESS ?

COMPARISON OF BUSINESS AND PROFESSION

BUSINESS PROFESSION

OBJECTIVE Earning profit Rendering service

QUALIFICATION Nothing Specialized knowledge required

ESTABLISHMENT Entrepreneur decision and fulfillment of Membership of the professional and

legal formalities certificate to practice is needed

CODE OF CONDUCT No prescribed code of conduct Code of conduct prescribed need to be

followed
ADVERTISEMENT Products and services are advertised to
increase sale Advertisement is strictly prohibited as
per code of conduct
REWARD Profit
Professional fee
RISK FACTOR Always present
Not always present
TRANSFER OF INTEREST Possible
Not possible
CAPITAL Capital requires based on the size &
nature of the busines Limited capital is required
 ARCHITECTURE IN INDIA IS GOVERNED BY THE COA.
SO WHAT IS THE IIA?
COA
• STATUTORY REGULATING BODY TO PROTECT
PUBLIC FROM UN QUALIFIED PERSONS WORKING
AS ARCHITECTS
• 1ST SEP 1972, ARCHITECTS ACT WAS PASSED .
• ACT SAYS: ITS UNLAWFUL FOR ANY PERSON TO
DESIGNATE HIMSELF AS ARCHITECT WITHOUT
HAVING QUALIFICATIONS ,EXPERIENCE &
REGISTRATION
• A STATUTORY BODY WAS CREATED WHICH IS
CALLED AS COUNCIL OF ARCHITECTURE
• ARCHITECTS SHOULD BE REGISTERED WITH COA
TO USE THE NAME & STYLE “ARCHITECT”, AND BY
EXTENSION, TO PRACTICE, TO SERVE IN GOVN
SECTOR & TO TEACH
IIA
• AN ORGANISATION AND ASSOCIATION OF
ARCHITECTS
• UNITE ARCHITECTS IN OUR COUNTRY
• PROMOTE ARCHITECTURAL PROFESSION IN INDIA
• ENCOURAGE ARCHITECTURAL EDUCATION IN INDIA
• PRESCRIBE SYLLABUS AND HOLD EXAMINATION FOR
THOSE WHO HAVE MISSED FORMAL EDUCATION IN
ARCHITECTURE.
• BRING CHANGES IN LAW RELATING TO
ARCHITECTURAL PRACTICE
• ORGANIZE CONFERENCE, SEMINAR, LECTURES ETC
ON SUBJECTS TEACHING TO ARCHITECTURE
• PROMOTE IMPROVEMENT OF QUALITY OF LIFE AND
AWARENESS ABOUT ARCHITECTURAL PROFESSION IN
THE SOCIETY
 ADVISOR

EDUCATOR GENERAL
MANAGER

ROLE OF AN
ARCHITECT
SOCIAL AUDITOR
CONSCIOUSNESS

UMPIRE SUPERVISOR
1. ADVISOR - • Use the best of his knowledge and experiences to advice the client.
• Advice must only be in the interest of his client

2. GENERAL MANAGER- • Entrusted with financial undertakings .

• Co-ordinates with many agencies like a general manager .
• His honesty of purpose must be above suspicion.

3. AUDITOR - • Certify bills, payments & fees to the contractors and other consultant
• Work as an auditor
• He must be selfless & impartial

4. SUPERVISOR - • Must frequently visit work under construction irrespective of the distance.
• Inspect site, to see if work has been carried out as per conditions and specification of
the contract .
• Owner or the client completely relys on the architect in this aspect .

5. UMPIRE - • Has to work like an umpire in case of dispute between the owner & the contractor.
• Must act with entire impartiality .

6. SOCIAL • Has moral responsibility towards society.

CONSCIOUSNESS - • His behavior in the society reflects upon the architectural fraternity as a whole

• He shall educate directly or indirectly, his clients and the society to improve quality of
7. EDUCATOR - living and environment

THESE ARE THE MORAL AND LEGAL EXPECTATIONS OF AN ARCHITECT

 ARCHITECTS
COUNCIL OF ARCHITECTURE
INDIAN INSTITUTE OF ARCHITECTS

LAWYER PROFESSIONAL PHYSICIANS &

SURGEONS
BAR COUNCIL OF ORGANIZATION INDIAN MEDICAL
INDIA
IN INDIA COUNCIL

ENGINEERS
INDIAN INSTITUTE
OF ENGINEERS
 FUNCTIONAL STRUCTURE OF COA
PRESIDENT

VICE PRESIDENT

3 MEMBERS DISCIPLINARY
5 MEMBERS EXECUTIVE COA MEMBERS COMMITEE COUNCIL OF
COMMITEE ARCHITECTURE TERM 3 YEARS
(TERM 3 YEARS)

1 PERSON NOMINATED 1 ARCHITECT 1 PERSON 4 CHIEF ARCHITECTS 2 PERSON 5 PERSONS ELECTED

BY INSTITUTE OF NOMINATED BY NOMINATED BY EX-OFFICIO FROM NOMINATED BY FROM HEAD OF
SURVEYORS EACH STATE CENTRAL GOVN CPWD,DEFENCE,RAIL AICTE INSTITUTIONS
GOVN NON ARCHITECT WAY ETC

2 PERSONS NOMINATED 5 ARCHITECTS

BY INSTITUTE OF ELECTED BY IIA
COA SHOULD MEET EVERY 6 MONTHS ENGINEERS

ANNUAL REPORT IS TO BE PUBLISHED IN THE

GAZETTE OF INDIA
Role and Responsibilities of COA
The Council of Architecture is charged with the responsibility to regulate the education and
practice of profession throughout India besides maintaining the register of architects.

For this purpose, the Government of India has framed Rules and Council of Architecture
has framed Regulations as provided for in the Architects Act, with the approval of
Government of India.

Main Role of the Council of Architecture:

1. Enrolment of persons holding “recognized qualifications”

2. Regulate professional conduct of Architects

3. Assessment of the standards of education and training of Architects within the country.

4. Appointing inspectors for inspection of Architectural education institution time to time, to

maintain quality education system.

5. Setting-up new Arch. Institutions and helping them in providing necessary resources to
promote arch education.
 REGISTRATION OF ARCHITECTS

• The Council shall upon its constitution assume the duty of maintaining the register in
accordance with the provisions of this Act.

• The register shall include the following particulars, namely :-

• the full name with date of birth, nationality and residential address of the
architect.
• his qualification for registration, and the date on which he obtained that
qualification and the authority which conferred it
• the date of his first admission to the register
• his professional address

• A person shall be entitled on payment of such fees as may be prescribed by rules to

have his name entered in the register
• holds a recognised qualification
• a citizen of India, prescribed in rules for other nationals.
 FUNCTIONAL STRUCTURE OF IIA

2- VICE 2- JOINT
HONORARY MEMBER
PRESIDENT PRESIDENT HONORARY
TREASURER
SECRETARIES

STUDENTS -
• a student enrolled in any
one of the architectural
institutions
• Pay membership fees
• access resource like library
• attend various programme
by IIA
• NO voting right
• Cannot attend general
body meeting
MEMBER
ASSOCIATES -
• any person who has
attained the age of 21 and
graduated from one of the
institutions registered with
COA
• Can attend general body
meeting
• Can vote and contest in
elections held by IIA
• Can write IIA after his name
• Pay membership fee
FELLOW - HONORARY FELLOWS -
• any person who has • any individual who is not
attained the age of 36 and necessarily a qualified
been associate member for architect but has
more than 10 years contributed to the growth
Can practice as arbitrator of architectural profession.
• Havw all other rights as • NO voting right
that of an associatre • This is only an honor
member. bestowed onthe person
• Pay membership fee

LICENTIATES - any person who is registered with COA is eligible to apply for licentiate member.

RETIRED MEMBERS - any fellow, associate or licentiate after attaining the age of 55 and on completely retiring from service or
profession can apply for this post.

SUBSCRIBERS - a subscriber shall be either a person who was a member of the Bombay architectural association at the time of
adoption of the original constitution of the institute, now likely to render assistance in promoting the objects of the institute.
FROM FRIENDS AND
BY SPECIALIZATION BY PREVIOUS WORKS
RELATIVES

HOW THE WORK IS OBTAINED BY THE ARCHITECT?

BY WINNING
THROUGH OTHER
ARCHITECTURAL BY LUCK !
PROFESSIONALS
COMPETITIONS
SCOPE OF WORK
The Architect is required to provide services in respect of the following :

Part I - ARCHITECTURE :
Part II -ALLIED FIELDS :
1. Taking Client's instructions and preparation of design brief. 1. Landscape Architecture
2. Site evaluation, analysis and impact of existing and / or proposed 2. Interior Architecture
development on its immediate environs
3. Architectural Conservation
3. Design and site development.
4. Retrofitting of Buildings
4. Structural design.
5. Graphic Design and Signage
5. Sanitary, plumbing, drainage, water supply and sewerage design.
6. Electrical, electronic, communication systems and design.
7. Heating, ventilation and air conditioning design (HVAC) and other
mechanical systems.
8. Elevators, escalators, etc.
9. Fire detection, Fire protection and Security systems etc.
10. Periodic inspection and evaluation of Construction works.
ARCHITECTS APPROCH TO WORK

[STAGE 1] : CONCEPT DESIGN

[STAGE 2] : PRELIMINARY DESIGN AND DRAWINGS

(STAGE 3) : DRAWINGS FOR CLIENT’S/STATUTORY APPROVALS

[STAGE 4] :WORKING DRAWINGS AND TENDER DOCUMENTS

[STAGE 5] : APPOINTMENT OF CONTRACTORS

[STAGE 6] :CONSTRUCTION

[STAGE 7] : COMPLETION
CONTRACT BETWEEN CLIENT & ARCHITECT

ARCHITECT CONTRACT BASICS

• Architect brings vision and structural know-how to his building project.

• Architect Contract ensures that expectations of working relationship are clear on all
sides.

• Whether you're hiring an architect for an addition, a restoration job or a building from
scratch, you can create an Architect Contract using a few easy steps.

• Use the Architect Contract document if: You're providing architectural services to
another business or individual.
 CLIENT'S ROLE AND RESPONSIBILITIES :
The Client shall discharge all his obligations connected with the project and engagement of the Architect as follows:

1. To provide detailed requirements of the project.

2. To provide property lease/ ownership documents

3. To provide a site plan, to a suitable scale, showing boundaries, contours at suitable intervals, existing physical features
including any existing roads, paths, trees,existing structures, existing service and utility lines and such lines to which the
proposed service can be connected. In case such information is not readily vailable, the Client shall arrange for the
survey/ collection of necessary information and pay for the same

4. To furnish reports on soil conditions and test as required by the Architect or pay for the preparation of the same.

5. To furnish specific conditions/ Statutory stipulations/ Codes of Practice/Schedule of rates, etc., desired to be followed

6. To pay all the fees, levies, security deposits and expenses in respect of statutory sanction

7. To give effect to the professional advice of the Architect and cause no changes in the drawings and documents without the
consent of the Architect

8. To honour Architect's bills within one month of its submission.

9. To appoint a Construction Manager (Clerk of Works/ Site Supervisor or Construction Management Agency in case of a large
and complex project) as per the Architect's advice.
EXECUTION OF THE ASSIGNMENT :
1. The Architect shall keep the Client informed about the progress of work in his office.

2. The Architect shall appoint specialized consultants in consultation with the Client, necessary.

3. The Architect shall be responsible for the direction and integration of the consultants work. The consultants,
however, shall be fully responsible for the calculations, the detailed design and periodic inspection and
evaluation of the work entrusted to them. The Architect shall, if requested, make available the design
calculations.

4. The Architect will advise the Client on the Time Schedule (Bar Chart/PERT/ CPM Network) prepared by the
contractors for the completion of work, if required

5. The Architect shall supply to the Client, free of cost, upto six sets of drawings at different stages.

6. The Architect shall not make any deviations, alterations or omissions from the approved drawings, involving
financial implications without prior consent of the Client.

7. Any professional services to be rendered by the Architect at the instance of the Client after the agreed project
completion period shall be compensated for on mutually agreed terms.

8. The Architect shall exercise all reasonable skill, care and diligence in the discharge of his duties and shall exercise
such general superintendence and inspection as may be necessary to ensure that works are being executed in
accordance with the Conditions of Contract.

9. Any revision in the drawings, tenders and documents, once approved, required to be made by the Client shall be
compensated as additional services rendered by the Architect and paid for @ 50% of the fee prescribed for the
relevant stage(s).
UNIT 2
DRAWING AND WORKS TO BE MADE:
THE OBJECTIVES OF I.I.A
1. To unite architects in our country
2. To promote Architectural Profession in India.
3. To encourage Architectural Education in India.
4. To prescribe syllabus and to hold examinations for those who have missed entry to formal education in
architecture.
5. To bring about necessary changes in law relating to Architectural practice.
6. To organize Conferences, Seminars, Lectures etc on subjects relating to architecture.
7. To promote improvement of quality of life,
8. Increase awareness about architectural profession in the society.

IIA CODE PROFESSIONAL CONDUCT

A member or student of IIA is governed by the constitutional laws of the Indian institute of architects.

1. A member or student must not hold a position in which his interest is in conflict with his professional duties.

2. A member or student is remunerated solely by his professional fees payable by his client or by a salary payable by
his employer. It is the duty of a member or student to uphold and apply the scale of professional fees and charges
adopted by the IIA.

3. A member or student must not accept any work which involves discounts or commission.

4(a). A member or student may be architectural consistent , advisor or assistant of building contractors, decorators,
manufactures, house and estate agents, provided that he is paid by fee or salary and not by commission and that he
does not solicit orders for the company.
5(b). A member or student must not be a partner, director or member of a company connected with the building
industry or trading in land or building for profit.

6. Member or student must not advertise or offer his services by means of circulars or otherwise, nor may he make paid
announcements in the press, Except:

6(a). Advertisements, professional appointments open or wanted may be inserted in the press.

6(b). One notice of change of address may also be inserted.

6(c). A member or student may notify his correspondence by the post only once.

7. A member or a student may allow signed illustration and descriptions of his work to be published in the press, but he
shall not:

7(a). give monitory considerations for such insertions.

7(b). allow such insertions to be used by the publishers for extorting advertisements for contributors.

8. A member or student may sign his buildings and may exhibit his name outside his office and on buildings in the
course of construction; the lettering does not exceeding 5 cm in height.

9. A member or student must not compete with another architect by means of reduction of fees or by other
inducements

10. A member or student on being approached or instructed to proceed with professional work upon which another
architect was previously employed shall notify the fact to such architect before finally accepting the appointment.

11. In all cases of dispute between building owner and contractors a member or student must act in an impartial manner.
ARCHITECTS (PROFESSIONAL CONDUCT) REGULATIONS, 1989
• In exercise of the powers conferred by sub-section (1) ,sub-section (2) of Section 45 of the Architects Act,
1972, the Council of Architecture, with the approval of the Central Government, hereby makes the following
regulations to promote the standard of professional conduct/ self-discipline required of an Architect:

• ensure professional activities do not conflict with general responsibility to contribute to the quality of the
environment and future welfare of society.

• apply his skill to the creative, responsible and economic development of his country.

• if in private practice, inform his Client of the conditions of engagement and scale of charges and agree that
these conditions shall be the basis of the appointment.

• not sub-commission to another Architect or Architects the work for which he has been commissioned
without prior agreement of his Client,

• provide professional services of a high standard, to the best of his ability.

• if in private practice, inform his Client of the conditions of engagement and scale of charges and agree that
these conditions shall be the basis of the appointment.
• not give or take discounts, commissions, gifts or other inducements for the introduction of Clients or of
work,

• act with fairness and impartiality when administering a building contract,

• maintain a high standard of integrity,

• promote the advancement of Architecture, standards of Architectural education, research, training and
practice.

• conduct himself in a manner which is not derogatory to his professional character, nor likely to lessen the
confidence of the public in the profession, nor bring Architects into disrepute,

• compete fairly with other Architects,  observe and uphold the Council's conditions of engagement and
scale of charges,

• not supplant or attempt to supplant another Architect,

• not prepare designs in competition with other Architects for a Client without payment or for a reduced
fee (except in a competition conducted in accordance with the Architectural competition guidelines
approved by the Council), etc.

Not have or take as partner in his firm any person who is disqualified for registration by reason of the fact
that his name has been removed form the Register under Section 29 or 30 of the Architects Act, 1972.
CLERK OF WORKS
• A clerk of works is a manager on a construction site who checks to see that work is carried out properly and that health
and safety rules are being followed.

• The Clerk of Works often abbreviated CoW, is employed by an architect or a client on a construction site. The role is
primarily to represent the interests of the client in regard to ensuring that the quality of both materials and workmanship
are in accordance with the design information such as specification and engineering drawings, in addition to recognized
quality standards.

Their role
• The role, to this day, is based on the impartiality of the clerk of works in ensuring that value for money for the client -
rather than the contractor - is achieved through rigorous and detailed inspection of materials and workmanship
throughout the building process. In many cases, the traditional title has been discarded to comply with modern trends,
such as site inspector, architectural inspector and quality inspector, but the requirement for the role remains unchanged
since the origins of the title.

• The clerk of works is a very isolated profession on site. He/she is the person that must ensure quality of both materials
and workmanship and, to this end, must be absolutely impartial and independent in decisions and judgments. He/she
cannot normally, by virtue of the quality role, be employed by the contractor - only the client, normally by the architect
on behalf of the client. His/her role is not to judge, but simply to report all occurrences that are relevant to the role.

• Clerks of Works are either on site all the time or make regular visits. They must be vigilant in their inspections of a large
range of technical aspects of the work.
This involves:
• making sure that work is carried out to the client's standards, specification, correct materials, workmanship and
schedule
• becoming familiar with all the relevant drawings and written instructions, checking them and using them as a
reference when inspecting work
• making visual inspections
• taking measurements and samples on site to make sure that the work and the materials meet the specifications
and quality standards
• being familiar with legal requirements and checking that the work complies with them.
• having a working knowledge of health and safety legislation and bringing any shortfalls observed to the attention
of the resident engineer./supervisor appointed by the contractor.
• advising the contractor about certain aspects of the work, particularly when something has gone wrong, but this
advice should not be interpreted as an instruction
INSPECTION CONSISTS OF THREE STAGES –
• Inspection of Construction Materials

• Inspection of Construction Process

• Inspection of Completed Work

BILL CHECKING & PAYMENTS
The payment to the contractors for works or supply or material, road metal and plants etc. are made on the basis of
measurements recorded in the measurement books. When the work or supply is completed or sufficiently progressed, the
detailed measurements are taken usually by the section officer / supervisor/Resident Architect engineeer and it is recorded
in the measurement book and an abstract of quantities are prepared and the cost is calculated at the rate of the contract
agreement.
From the abstract of quantity and the rate, a bill is prepared for payment.

Voucher: Voucher is a written document with details which is kept in record as a proof of payment. For any payment, a bill
is prepared and payment is made on the bill, duly checked and acknowledged by the payee, by signature or revenue stamp
as required and after payment is made, bill becomes voucher which is kept in record.

It is the primary duty of the Architect either to approve or condemn the work done by the contractor and certify the
payment due. From time to time.. These duties are discharged as an agent of the owner but when he issues the certificates
his position changes from an agent to that of a judge.
The architect is acting in a quasi judicial manner between the owner & contractor, & he needs to be impartial to either of
the parties.
The certificate is only a mode of expressing the satisfaction of the executed works at different stages of work and it is as
given under -
1. Interim certificate.
2. Certificate of virtual completion.
3. Penultimate certificate
4. Final Certificate.
TENDER
Tender means an offer to carry work ,that is pre described , or to supply or purchase goods of prefixed specifications at a
price to be quoted by the tendered.

TENDER
an offer to carry any work

Construction Demolition Material Sale of material such as Cleaning Painting

work work supply scrap/ debris work work etc

OPEN OR PUBLIC TENDER
o Most suitable for semi
public and public
organization
o Competition is open to all
o Notice will be published in
the newspaper, magazines
etc
o Notice should have the
following information
• Name of the client
• Site address and building
type
• Estimated cost of work
• EMD
• Date of commencement of
work –
• Price of blank tender form
– •
• Time and date of issue of
blank tender forms –
• Time and date of
submitting filled tenders
METHODS OF CALLING TENDER
CLOSED OR INVITED TENDER
o Suitable for single and
small scale ownership
projects
o 5-6 contractors were
invited to participate in the
tender
o A letter of invitation is
send to the contractor
with the following points
• Name of the owner
• Site Address and building
type
• Estimated cost of work
• EMD –
• Date of commencement of
work
• Price of blank tender form
Time and date of issue of
blank tender forms
• Time and date of
submitting filled tenders
PRE REGISTRATION OF CONTRACTORS
o Most suitable for semi public and public
organization
o Notice will be published in the newspaper,
magazines etc
o In notice its necessary to publish the following
• Name of the owner
• Site Address and building type
• Estimated cost of work
• EMD
• -Date of commencement of work
• Price of blank tender form
• Time and date of issue of blank tender forms
• Time and date of submitting filled tenders
o Further contractors are requested to submit
following points –
• Name of the company, address, name of
partner /director
• List of similar projects , list of projects carried in
the last 3-5 years, with cost, architect & name of
owner
• list of construction equipment possessed and
technical persons employed with the company
• IT certificate
• Solvency certificate from bankers
• 5-7 contractors were shortlisted & invited for
tender
UNIT 3
 CONTRACTS
Definition:

From a Legal Point of View :

A mutual agreement between two or more parties that something shall be done, an agreement
enforceable at law.

According to FIDIC :
Contract means the General Conditions, the Supplementary Conditions, the Specifications, the Drawings,
the Bill of quantities, the Tender, the Letter of Acceptance, the Contract Agreement.

According to Method of Payment :

The agreement of how the owner will pay the contractor for work
performed such as a lump-sum or cost-plus payment.

CONTRACT DOCUMENT CONSISTS THE FOLLOWING PAPERS:

1. Copy of public TENDER notice

2. Copy of work order

3. Letter of offer by contractor - Articles of agreement - General conditions of contract - Appendix

4. Specifications of work & material

5. Bill of quantities (Contract bill)

6. Contract drawings CONTRACT DOCUMENT

TYPES OF CONTRACTS
• Lump-sum Contract

• Cost Plus Fixed Fee Contract

• Cost Plus Bid Bid Fee Contract

• Guaranteed Maximum Contract

• Negotiated Contract

• Unit-price Contract

• Design Build

• Turn Key Contracts

LUMP-SUM CONTRACT
• Traditional method of Contract.

• Contractor offers to do the whole work for a total stipulated sum of money as shown in drawings and described by
specification.

• It's more suitable for works where contractor has prior construction experience.

• It's considered when tender process will tend to be slower and preparing a tender may be more expensive for the contractor.

ADVANTAGES DISADVANTAGES
• Owner is aware of cost of project before the project • Lack of time flexibility in this method may
construction starts. result in delayed project implementation

• Project scope and limits are defined prior to the start of
construction.
• Contractual relation between all parties, owner and
Engineer are clearly defined.
• Highly skilled Architect or Engineer needed.
• Difficult to implement revisions or change in
the work on the later stage of the work.

• Best price for work obtained through competitive process

with cost of work established and agreed upon.
COST PLUS

• Actual cost plus a negotiated reimbursement to cover overheads and profit.

• Different methods of reimbursement :

• Cost + percentage
• Cost + fixed fee
• Cost + fixed fee + profit-sharing clause.

• Higher risk to owner

• Compromise : guaranteed maximum price (GMP) reduces risk to owner while maintain advantage of cost
plus contract.

• By using this type of contract the contractor can start work without a clearly defined project scope, since
all costs will be reimbursed and a profit guaranteed.
COST + PERCENT OF COST
• Contractor is reimbursed for all his costs with a fixed % age of costs to cover his services.

• Project/site overheads may be covered by the %age or computed as one of the costs.

• Fee = percentage of the total project cost (Cost = 1,00,000.000, Fee = 2%)

ADVANTAGES: DISADVANTAGES
1. Construction can start before 1. The project total cost is completely
design is completed. unknown before the project start.

2. If the contractor is efficient in 2. No incentive for the contractor to

the utilization of resources then
the cost to the client should
represent a fair price for the work
undertaken.
be efficient in his use of labors,
materials or equipments.
3. Minimum efficiency maximizes the
profit.
COST PLUS FIXED FEE

Most common form of negotiated contracts

COST = expenses incurred by the contractor for the construction of the facility
Includes: Labor, equipment, materials, and administrative costs

FEE = compensation for expertise

Includes: profit

Fee = percentage of the original estimated total figure

Utilized on large multi- year jobs

Ex: WW treatment plant Facility (Cost = $20 million, Fee = 1%)

$20 Million 1% fee = $200,000 Million Advantages Disadvantages Fee amount is fixed regardless of price
fluctuation Expensive materials and construction techniques may be used to expedite construction Provides
incentive to complete the project quickly
ITEM RATE CONTRACT
• For this contract, contractors are required to quote rates for individual items of work on the basis of schedule of
quantities furnished by the client’s department.

UNIT PRICE CONTRACT

• Based on the estimated quantities of the items involved in the work. •The cost per unit item is given by the contractor
and the estimated quantities of items are given by the owner. •The total cost of work can only be calculated only after
the completion of the work because measurement is made on the basis of work actually done.
• The contractor is obliged to perform the work actually required in the field at his quoted price only. •If the estimated
quantity is exceeds, then there should be increase in unit price , therefore it is difficult to forecast the project cost.

TURN-KEY CONTRACTS
• A type of project that is constructed so that it could be sold to any buyer as a completed product.
• This is contrasted with build to order, where the constructor builds an item to the buyer's exact specifications, or when
an incomplete product is sold with the assumption that the buyer would complete it.
 INDIAN CONTRACT ACT,1872

• Most important act in the Commercial Law.

• It would have been difficult to carry on trade or any other business activity and in
employment law without this act.

• It is not only the business community which is concerned with the Contract Act, but it
affects everybody.

• The objective of the Contract Act is to ensure that the rights and obligations arising out
of a contract are honored and that legal remedies are made available to those who are
affected.
ARBITRATION :

• All disputes or differences which may arise between the Client and the Architect under
"Conditions of Engagement and Scale of Charges" with regard to the meaning or
interpretation or matter or things done or to be done in pursuance hereof, such
disputes and differences shall be referred for arbitration to the Council of Architecture.

• The arbitrator shall be appointed by the President, Council of Architecture.

• The arbitration shall be conducted as per the provisions of the Arbitration and
Conciliation Act, 1996.

• The decision and award of the arbitrator shall be final and binding on the Architect and
the Client
THE ARBITRATION ACT OF 1940:

1. Enacted in India to consolidate and amend the law relating to arbitration and is made
effective from 1 July 1940. The Act repealed the Arbitration Act of 1899 and relevant
provisions of CPC, 1908.

2. Act empowered Indian courts to modify award, remit award to arbitrators for
reconsideration and to set aside the award on specific grounds.

3. The Act laid down the framework within which domestic arbitration was concluded in
India.

4. The scheme of the Act is:

• to deal with arbitration without the intervention of the Court (Chapter II)
• to deal with arbitration with the intervention of the court where there is no suit pending
(Chapter III)
• to cover arbitration in suits (Chapter IV).
• Provisions common to all three kinds of arbitration constitute the remaining proportion
of the Act (Chapters V to VII and the Schedules).

5. The Act extended to whole of India except the states of J&K.

PRINCIPLE SHORTCOMINGS OF THE ARBITRATION ACT OF 1940:
• Though the Act was a big step forward in bringing a comprehensive law covering all important aspects of
arbitration, the need for its replacement started being felt with increasing urgency in view of the
liberalization programme of the Government of India.
The law lacked statutory recognition of conciliation as a means of settling the disputes.

• The Act allowed courts to interfere at every stage of the arbitration proceeding; starting from the
appointment of the arbitrator through the interim stage till the passing of the award.*
This developed the culture of the court overseeing the arbitration proceedings and not giving arbitration
the status of an alternate resolution mechanism. This was coupled with the fact that the Indian courts
had enormous backlog of cases which delayed the resolution of the issues that went to the court;

• Any party interested in delaying the proceedings would resort to the court during any stage of the
proceedings taking advantage of the backlog of the cases;

• The Act did not prohibit the parties from raising disputes relating to the proceeding or validity of the
arbitration agreement or the constitution of arbitration even after passing the award, while they have
participated in the arbitration without demur;

• The Act allowed the award to be challenged on a large number of grounds, including the merits of the
award.

• Foreign investors were reluctant to invest in India as they required for a stable business environment
and a strong commitment to the rule of law.
POWERS OF AN ARBITRATOR
• To administer oath to the parties and witnesses.

• To state a special case for the opinion of the court of any question of law involved.

• To make the award conditional or in the alternative.

• To correct any clerical or accidental error in the award.

• To administer interrogatories to any party.

• To make an interim award.

DUTIES OF AN ARBITRATOR
• His decision is a final judgment for which there is no appeal.

• It is, therefore, very important that he should be absolutely impartial.

• If he is not interested in the subject matter of the dispute or in the parties appearing
before him, he must disclose these facts to the other parties before his acceptance to act
as an arbitrator.

• He must act strictly within the scope of the submission and should sign the agreement.
REVOKING AUTHORITY OF ARBITRATOR

• An Arbitrator once appointed by a party can be removed only by a court of law or can be asked by other two
Arbitrators.

• The court can remove an Arbitrator on the following grounds:

• Arbitrator exceeds his jurisdiction or goes beyond the terms of the contract.
• Arbitrator misconducts himself or does not apply his mind to the disputes.
• Disqualification of Arbitrator in terms of the arbitration clause.
• Charges of fraud or favouritism against Arbitrator.

UMPIRE
• Is a third-party appointed by the arbitrators to settle differences between  arbitrators,

• To be distinguished from the presiding arbitrator, who is one of the arbitrators.

• The scope of functions of an umpire and those of the presiding arbitrator in a three member arbitral tribunal
may be different.
 EASEMENT
An easement is a right which the owner or occupier of certain land possesses, as such, for the beneficial
enjoyment of that land, to do and continue to do something, or to prevent and continue to prevent something
being done, in or upon, or in respect of certain other land not his own.

Types of Easement -
There are four types of easement-

It provides that the easements are either :

• Continuous

• Discontinuous

• Apparent

• Permanent
(A) Continuous Easement -

A continuous easement is one whose enjoyment is, or may be, continual without the act of man.

Illustration
A right annexed to B’s house to receive light by the windows without obstruction by his neighbor A. This is a
continuous easement.
Eg.
Right to discharge water
receive light and air from neighor land
laying of drain lines etc

(B) Discontinuous easement -

A discontinuous easement is one that needs the act

of man for its enjoyment.

Illustration -
  A right of way annexed to A’s house over B’s land.
This is a discontinuous easement.
C) Apparent easement -
An apparent easement is one the existence of which is
shown by some permanent sign which, upon careful
inspection by a competent person, would be visible to
him.
D)Permanent easement -
A non-apparent easement is one that has no such sign.
Illustration -
A right annexed to A's house to prevent B from building on his own
land. This is a non-apparent easement.

Illustration-
Rights annexed to A's land to lead water thither across B's
land by an aqueduct and to draw off water thence by a
drain. The drain would be discovered upon careful
inspection by a person conversant with such matters.
These are apparent easements.
EASEMENT

DOMINANT OWNERS SERVIENT OWNERS

Land in which the beneficial enjoyment has been Land on which the easement is created (property A is
created (property A is enjoying the property B to access accessing Property B for 20 years ,so easement Rights
his plot) had been created on property B)

Owner of dominant tenement is the dominant owner Owner of servient tenement is the servient t owner
ESSENTIAL ELEMENTS OF EASEMENTS

• There must be a dominant and a servient tenement;

• The easement must accommodate the dominant tenement, that is, be

connected with its enjoyment and for its benefit;

• The dominant and servient owners must be different persons;

• The right claimed must be capable of forming the subject-matter of a

grant;
FIRE INSURANCE
• Its a property insurance that covers damage and
losses caused by fire.
• The purchase of fire insurance in addition to
homeowner’s or property insurance helps
to cover the cost of replacement, repair, or
reconstruction of property, above the limit set by
the property insurance policy.
•  Fire insurance policies typically contain general
exclusions, such as war, nuclear risks, and similar
perils.

COVER NOTE

A cover note is a temporary document issued by an

insurance company that provides proof of insurance
coverage until a final insurance policy can be issued.
A cover note is different from a certificate of
insurance or an insurance policy document. A
cover note features the name of the insured, the
insurer, the coverage and what is being covered by
the insurance.
INSURABLE VALUE OF PROPERTY
Replacement cost or actual cash value of a building for which standard insurance policies provide indemnity cover.
Insurable value is less than the property's appraised or market value because it excludes the value of land on which the
building stands. The formula for computing the insurable value is usually stated in the valuation clause of a policy
document.
ARCHITECTURE PROFESSION-
CHANGING PARADIGMS OF
PRACTICE

Part - 2

PROF. VIJAY GARG

PRESIDENT, COUNCIL OF ARCHITECTURE
UNIT 4
REGISTRATION

In India ,to set up their own Architectural Practice or seek employment in Government,
Semi Govt Organizations or seek faculty positions in Architectural Institutions must
Register or Enroll with following agencies

• Council of Architecture
• Income Tax Department
• Enrolment with local bodies like Municipal corporations
• Registrar of Firms
• Profession Tax Authority
• Service Tax Authority
LAND ACQUISITION IN INDIA

The process of land acquisition by the central or state government of India for various infrastructure and economic
growth initiatives 

Reason for Acquisition:

Public Purpose
LAND ACQUISITION ACT,1894
Law that allows government to acquire land from the land owners after paying a fixed government
compensation in lieu of their losses

Acquisition Process

Investigation &
Notification
Objection &
Confirmation
Claim & Reward
Reference to
Court
Apportionment
THE WORKMEN'S COMPENSATION ACT,1923

OBJECTIVE:

Aim is to provide workmen or their dependents some relief in case of accidents arising
out in the course of employment and causing either death or disablement of workmen.

The act imposes statutory liability upon an employer to provide payment to employees
when they suffer from physical disabilities & diseases during course of employment.

Workmen's Compensation Act, 1923

(1) It extends to the whole of India.

(2) It came into force on the first day of July, 1924.

CONDITIONS FOR RECEIVING COMPENSATION FOR PERSONAL
INJURY
• The 3 tests for determining whether an accident arose out of employment are :

• At the time of injury workman must have been engaged in the business of
the employer and must not be doing something for his personal benefit;

• That accident occurred at the place where he was performing his duties; and

• Injury must have resulted from some risk incidental to the duties of the
service, or inherent in the nature or condition of employment.
AMOUNT OF COMPENSATION
Where death of a workman results from the injury:

An amount equal to 50% of the monthly wages of the deceased workman multiplied by the relevant factor or
an amount of 80000 Rupees, whichever is more.

Where permanent total disablement results from the injury:

An amount equal to 60% of the monthly wages of the injured workman multiplied by the relevant factor or an
amount of 90000 Rupees, whichever is more.

AMOUNT OF COMPENSATION

The amount of compensation payable to a workman depends on

• the nature of injury caused by accident

• the monthly wages of the workman concerned and the relevant factor
• the Relevant Factor is specified in schedule IV for working out the lump sum amount of compensation
• There is no distinction between an adult and a minor worker with respect to the amount of
compensation
MINIMUM STANDARDS OF ARCHITECTURAL EDUCATION
REGULATIONS, 2017
In exercise of the powers conferred by sub-section (2) of section 45 read with
section 21 of the Architects Act, 1972 the Council of Architecture, with the
approval of the Central Government, hereby makes the following regulations,
namely

"Executive Committee" means the Executive Committee constituted under

Section 3.

"Faculty" means the full-time teaching staff members in the service of the
institution.

"Institutions" means the colleges/departments/schools of architecture in India

imparting instructions for recognized qualifications.

"Recognised qualifications" means any qualification in architecture for the time

being included in the Schedule or notified under section 15 of Act
CONTENTS: (MINIMUM STANDARDS OF ARCHITECTURAL
EDUCATION REGULATIONS, 2017)

Duration and Stages of the Course.

Admission to the Architecture Course.

Intake and Migration.

Courses and periods of Studies.

Professional examination, Standards of proficiency and conditions of

admissions, qualification of examiners.

Standards of staff, equipment, accommodation, training and other

facilities for technical education
DURATION AND STAGES OF THE COURSE.
Minimum duration = 5 academic years or 10 semesters of approximately 16 working weeks
each inclusive of six months/one semester of approximately 16 working weeks of practical
training after the first stage in a professional office.

ADMISSION TO THE ARCHITECTURE COURSE

No candidate, with less than 50% marks in aggregate, shall be admitted to the architecture
course unless he/she has passed an examination at the end of the new 10+2 scheme of Senior
School Certificate Examination or equivalent with Mathematics AND SCIENCE as a subject of
examinations at the 10+2 level
 STANDARDS OF STAFF, EQUIPMENT, ACCOMMODATION, TRAINING
AND OTHER FACILITIES FOR TECHNICAL EDUCATION

• The institutions shall maintain a teacher/student ratio of 1:8.

• The institutions shall have a minimum number of 12 faculty members for a student
strength of 100.

• The institution with the maximum intake of 40 in a class may have the faculty pattern
as prescribed in Appendix-B.

• The institutions shall encourage the faculty members to involve in professional

practice including research.

• The institutions shall provide facilities as indicated in Appendix-C.

• The institutions shall encourage exchange of faculty members for academic

programmes.
PHYSICAL FACILITIES:

• The Institution of Architecture should be located in a building to have a floor area of

about 15 sq.m. per student.

• The building should include class rooms and at least 5 studios, adequate space for faculty
members, library, workshop, materials museum, laboratories, exhibition/conference
room, office accommodation and common area for students and staff.

• The space requirements per student for architectural education whether in the Institution
or in the Hostel are apt to be more than for most other types of professional courses like
engineering and medicine because of the large space required for preparation of
drawings.

• This factor should be borne in mind in the design of Hostels and Studios.

• Facilities may also be provided for extra-curricular activities and sports.

• The equipment in the workshop/laboratories has also to be provided to meet with the
special requirement for architectural education.

• It is desirable to provide locker facilities in the studios for students.

• The Library, Workshops, Laboratories and Photography unit should be managed by

professionally qualified staff with adequate supporting staff to assist the students and
faculty members in their academic programmes.

• There should also be administrative supporting staff to run the Architectural Institutions.

• It is desirable to provide hostel accommodation and residential accommodation for staff

and students in close proximity of the institution.
UNIT 5
 TYPES OF ARCHITECTURAL PRACTICES
PROPRIETARY OR INDIVIDUAL
PRACTICE
INDIVIDUAL OWNERSHIP
• The entire capital needed is raised by
the individual architect.
Advantages
• All the decisions regarding every
aspect of practice are taken by an
individual.
• Entire profit is retained by an
individual.
• No disputes about manner of running
the practice or managing the projects
credit can not shared
Disadvantages:
• In a large and complex project
managing the design aspects together
with execution part becomes difficult.
• The practice may be affected during
prolonged illness
PARTNERSHIP PRACTICE
OWNERSHIP SHARED BY 2 OR MORE
PARTNERS
• Two or more Architects or an
Architect and the professionals
dealing with Building like
structural or Project
Management can promote a
partnership firm.
• A legal agreement is drawn up
stating the capital brought up by
each partner, their respective
shares, responsibilities ,
Liabilities etc.
• Most of these Agreements are “
at will” means such a
Agreement remain in force as
long as the partner wish remain
together.
LLP & PRIVATE LIMITED
SIZE OF PARTNERSHIP FIRM INCREASES
AND ANNUAL INCOME OF FIRM GOES
UP (For Tax Benefits They Will Convert
The Firm Into Private Limited
Company) 
A private limited company, or LTD,
is a type of privately held small
business entity.
This type of business entity limits
owner liability to their shares,
limits the number of shareholders
to 50, and restricts shareholders
from publicly trading shares.
NOT PERMITTED AS PER COA ACT
WORK STRUCTURE

• Development of design , concept, Munciple drawings,

DESIGN Working Drawings, Detail presentation drawings,
• Master Plannings

• Land survey, Inputs, Land survey, Quantity survey,

STRUCTURAL, Estimation, Preparation of contracts papers, Bill checking,
SURVEY / SERVICES • Checking of Bill, items rates, site supervision

• Office Correspondence, Book keeping, Accounts

ADMINISTRATION • Observation of Government , Tax, Rules and stationary,
Purchase, Maintenance of office equipment , General
upkeep of office premises( House keeping)
STAFF STRUCTURE
• Principal Architect
• Project Head( Director)
• Project architect
• Senior Architect
DESIGN • Assistant Architect
• Junior Architect
• Draftsman
• Trainee ARCHITECT

• Structural Designer
STRUCTURAL, • Quantity surveyor(Arch./ Civil Engineer)
• Assistant Engineer / Surveyor
SURVEY / SERVICES • Draftsman /surveyor

• Manager/ secretary
• Account’s clerk,
ADMINISTRATION • Clerk/ Typist,
• Receptionist, Peons
FILING OF RECORDS
• Official Correspondence:

• Records of Drawings

• Financial Matters:

• Monitoring office Finances:

• Controlling overhead expenses

• Tax planning for future need

• Avoiding Legal Problem

• Staff service condition

• Client Architect Agreement

 ARCHITECT OFFICE & ITS MANAGEMENT

1. Office location should be in a prominent and convenient place for easy accessibility
2. Architects office need to be designed in a functional manner
3. All inmates should get proper ventilation and lighting
4. Care should be taken that no over crowding takes place
5. Architect should itself be methodical, then only he can expect discipline from his
office staffs
6. His cabin should bear evidence of his professional status
7. He should arrange appointments with his clients in a proper way to avoid long waiting
time
8. He should be ready for the clients meeting as per the appointment with all necessary
requirements
9. Catalogue and samples should be properly arranged
10. sufficient time and care should be allotted for all the office staff members
11. Office should posses a good library
ROLE OF A PROJECT ARCHITECT
A Project Architect plays a dual role in Arbitration –

1. Acts as “Quasi- Arbitrator” to give his decision on “Excepted matters” referred to him by one of the parties. His
decision on such matters is final and binding on both the parties.

2. He is required to supply whatever information the Arbitrators require in connection with the reference. This
could include copies of correspondence, drawings, site supervision memos, or such other things which are
relevant to the dispute.

In some matters he may be requested to appear before the Arbitrators to testify or clarify certain points or
decisions he may have given from time to time.
In such cases he performs his duty as an independent witness and is expected to cooperate with Arbitrators to
the best of his ability.

PROJECT ARCHITECT AS QUASI-ARBITRATOR

Under various clauses of IIA Form of Contract, the Project Architect is required to give his decision on the following
“Excepted Matters” –
If there is any error or inconsistency in the drawings furnished to the contractor by the Project Architect, the
decision of Proj. Architect or, his interpretation of his drawings will be final.
He is empowered to issue instructions to contractors from time to time. Such instructions are normally issued in
writing; but if any instruction is given orally or on telephone, the same is required to be confirmed in writing by
the Proj. Architect before issuing the Final Certificate of Payment.
If there is any dispute about the manner of doing any work or about the provision of any equipment or
tools for a particular job, the decision of Project Architect is final.

The contractor will seek Project Architect’s permission to either assign or sub-let a part of the contract
work. If the Project Architect refuses to give permission, his decision is final.

The main contractor will be responsible for co-ordination of work of all sub-contractors who are involved
in the project, with the knowledge and consent of the Project Architect.
All decisions about the quality of building material, workmanship of various parts of building or relating
to defective work, line, level, colour shades, etc. given by the Project Architect is final.

The contractor can request extension of time on ten grounds. Out of these five grounds are such that the
decisions given by the Project Architect are final. These five grounds are as follows:-
 Force Majeure (or “Act of God”)
 Exceptionally Inclement Weather
 Civil commotion, strikes, etc.
 Delay on the part of Nominated Sub-Contractor or Supplier
 Delay on account of Artists and tradesmen engaged by the Owner.

Excepting the above five grounds, the contractor can initiate arbitration proceedings if he is aggrieved by
the Project Architect’s decision on any one of the following five grounds –

 Loss and damage due to fire,

 Inadequate instructions from the Project Architect,
 Instructions to carry out extra work,
 Opening up of any work not due to the fault of the contractor, or
 the contractor’s inability to procure certain material or labour he could not have foreseen at the
time of signing the contract.
It is imperative that even if the Architect has engaged a Project Management Consultant
[PMC] to handle the actual construction process, he must ensure that none of the
following failures are attributed to the Architect by the Owner -

Production Drawings Minutes of Site Meetings

Consultants’ Fees
Pre-Occupation Formalities
Certification of Final Bill
Pre-Design Investigations

Time as ‘Essence of Contract’ Accepting Assignments

Premature Termination of
Final Accord and Satisfaction
Architect’s Services
UNIT 6
 NEW CHALLENGES AHEAD: AMENDMENTS TO
THE ACT
The most contentious of the changes being proposed are those related to
the Professional Examinations proposed before registration of Architects.

There are three aspects to the possible theoretical objections to this

examinations:

1. This is in itself, undermining the education and its quality; especially

when the institutes are already complying with, and regulated by, the
Council.

2. There would be students that would graduates (B.Arch degree holders)

yet unable to register or call themselves “Architects” because of failure to
clear the professional services exam

3. What about practicing professionals, who are already registered even

though they haven’t gone through this exam? How can we be sure if they
are competent enough to work / practice?
 NEW CHALLENGES AHEAD: AMENDMENTS TO
THE ACT
The principal intent, and the NEED for this amendment, stems
from the dichotomy currently existing in regulating Architectural
Education

The Council, through this amendment, is re-inforcing that the

REAL purpose of the Act is NOT to regulate education, but the
Product.

the Council only ensures that the infrastructure, faculty, and intake
is as per standards: it DOES NOT set question papers, nor does it
really know who the institutes deem to graduate, and why.
 NEW CHALLENGES AHEAD: AMENDMENTS TO
THE ACT
The fundamental issue that this raises is that the REAL mandate of
the Council is to ensure that ANYONE who can legally claim to be
an Architect, has a particular level of expertise, and thus would
not cause harm to society as a whole.

A test, at the end of the course, conducted directly by the COA, is

a perfectly valid way of doing this.
 NEW CHALLENGES AHEAD: AMENDMENTS TO
THE ACT
The second issue is about students who have a valid B.Arch
degree, and yet cannot pass the examination. What happens to
them? Well, as with many other professions, (eg CA’s), these
students would need to spend time, and work with registered
Architects, and through professional experience, gain the
expertise needed to qualify the exam.

In essence, this would prevent all but the really sound Graduates
from jumping straight from the College to starting up their own
Architectural consultancy (at least at the scale that can be harmful
to society).
 NEW CHALLENGES AHEAD: AMENDMENTS TO
THE ACT
The third issue is more complex: what about Architects who are already
registered? It would be against common law to need them to go through an
exam or lose their registration, and at the same time, to ignore them would
mean that for the next 20-30 years, the impact of this change would NOT be
felt in enhanced quality of professionals in the market.

The solution to this would like with introducing CEPP’s or Continuing

education programmes for Professionals. There would be a certain limit of
CEPP credits that each Architect would need to accumulate each year (or 2
years, etc). The CEPP credits would come from either Conferences,
presenting papers, conducting research, studying for masters or PHD’s,
teaching, or even attending specialized training classes.
 NEW CHALLENGES AHEAD: AMENDMENTS TO
THE ACT
If these changes are indeed tabled and go through the arduous
process of getting the approval from Parliament, it would have
achieved one of the biggest reforms that the Profession of
Architecture has seen since 1972.

I hope all students, educators & professionals to look at this

seriously and send in their support and suggestions to the COA, so
that the profession can continue to benefit Society.

Jai Hind!