Professional Documents
Culture Documents
A Profession:
1. Involves a store of knowledge that is more than ordinarily complex
2. Intellectual enterprise
3. Applies theoretical and complex knowledge to the solution of human and social problem
4. Strives to add to and improve the stock of knowledge;
5. Passes its knowledge to novice generations, usually through universities; and
6. Tends to organize in peer formation that establishes criteria for admission, practice, and
conduct
- Altruistic and profit oriented
Licensing
- Professional licensing laws, title acts what you are allowed to call yourself, practice acts
what youre allowed to do
National Council of Architectural Registration Boards (NCARB) help test and accredit
States issue license
- Meeting educational requirements by obtaining professional degree from an accredited
program in an academic institution
- Obtaining practical experience by working for a licensed architect,
- Passing series of licensing exams, Architectural Registration Examinations (AREs), written
under the auspices of NCARB
- Assuring good character
IDP, Intern Development Program track aspiring architect
American Psyche
- Richard Swett, ambassador to Denmark, on architect:
1. Educated themselves quickly to solve new problems and to analyze a great deal of data,
often incomplete and conflicting
2. Create ideas that synthesize the information, often using other seemingly unrelated arts or
technologies
3. Communicate ideas verbally and graphically
4. Figure out the best process for implementing the ideas
5. Get it done, as conceived, utilizing entities that have conflicting interests
Design
Service has three components: (1) independence/integrity; (2) usefulness; (3) reliability
Business providing challenging/satisfying work environment; fair profit
Parties in the Construction Industry
Owners
- Private Clients (owner-uses, developers)
- Public Clients
Design professionals
Design-Bid-Build
Sole prime general contract vs multiple prime contracts
- Variables: scope of work (quantity/quality), schedule (time it takes to do each portion);
money (cost of each component); risk (how certain it is that the other factors will turn out as
expected and desired
Construction management
- Owner hires CM early in the project for advice on budget, schedule and constructability, CM
puts out the bid packages one the architect completes the CDs,
- Supervision and management throughout the construction period, providing a professional
service at very little economy risk (fixed fee)
- CM may act as the agent for the owner and signs the contracts with the selected
subcontractors
- GMP, guaranteed maximum price (GMP) for all the work)
Takes on a degree of risk
- Permits the fast-track of jobs, beginning stages while other are still in process
Design-build
Owners retains one firm that both designs and build the project for an agreed sum
- Owners must be able to clearly define their needs and produce very detailed requirements
for buildings, including size, quality, configuration, and performance requirements regarding
daylight, environmental conform levels, energy consumption
- Prevents architect from creating design that comes over budget but architect no longer
uninterested arbiter in affairs
Bridge design-build: owner hires design architect for schematic design, and design documents
given to the design-build firm
- These drawings are reviewed by design firm
Owner builders: owner is also a the constructor, either acting as general contractor and hiring
the subcontractors or acting as GC providing most of all of the subs
- May hire architects to design and construction documents but do things themselves
Owner designers
Chapter 5: Owner/Architect Agreements
Agreements: clarify communicate expectations and roles
Fees
-services to be provided
- Responsibilities of each party
Enforced by law
Legal: mutual assent
Forms of agreement (4
Architects responsibilities,
Communications
Change in scope and services provision 82
AIA B141 Agreement between Owner and Architect
Clients standard Form- - desire and risk
Services
General services: administers the project; consults regularly with the owner; researches issues;
considers alternatives in design, material, systems, and equipment; provides valueengineering; attends meetings; makes presentations; issues reports; prepares and updates
project schedules and budgets; keeps the owner and all other parties fully informed; submits
designs and documents to owners for approval; assists owners in all governmental and
regulatory filings
Owners responsibilities: providing the program (needs, resources, parameters, goals, site
information) (50)
117-119,
Accounts payable, 118
Accounts receivable, 118
Accrual accounting, 118
Owners obligations; timely answer architect questions, stick to decisions, pay architect for
services and expenses,
Task 1: Agreement
Task 2: Evaluate proposed program, budget, schedule, site, and method of contracting for
construction services
Task 3: assemble team for project: consultants (review with owners)
review their professional liability insurance coverage
Standard services (considered in discussion with :)
Changes in services
Fives Phases:
Schematic design, design development, construction documents; bidding and negotiation;
construction administration phases
Additional services: energy audits, sustainable design considerations, security design, and
indoor air quality
Schematic Design
1. Prepare an outline specification (scope of work): Earthwork, Foundations
,Structure, Finishes, Mechanical Systems
CSI (Construction Specification Institute)
2.
Review the project schedule (54)
3.
Design Development
Refine the design prepared in the schematic design phase so that every design decision
necessary to build the project is considered, revised if necessary, and confirmed. (55)
Interplay of all parts
Review zoning/building codes
Repeat schematic design tasks of specification, schedule, probable cost
Get client to sign design development drawings, specifications ,schedule, budget
Construction Documents
Two parts: working drawings (graphic) and project manual (text portion)known incorrectly as
specification
Construction documents state exactly the scope and quality of work the owner is purchasing
from the contractor for a sum of money to be specified. (56)
Working Drawings: Drawing order: architectural, structural, mechanical, electrical, plumbing,
sprinkler
Project manual: Front End: includes all the business parts of the agreement and the conditions
of the relationships of the parties:
1. Invitation to Bid Letter
- invites contractors to submit bid
Describe project in general terms
Information about the bid (# of bidding documents, due date, location, private/public bid
2. Instruction to bidders: AIA A-701: their obligations to carefully review all contract
documents/conditions
3. Bid form: bidders name, over contract sum, contract sum breakdown, general conditions,
overhead/profit, and unit price list, prices for alternate, cost of bonds, time to mobilize and being
work, period to execute work
4. Form of contract, A-101: contains list of contract documents with their dates, terms prices
5. General conditions of the contract: rules for the prosecution of the work. AIA A-201
6. Supplementary Conditions (also called riders) itemize additions, deletions, and modifications,
by paragraphs, section and line to AIA A-201 in order to adapt an architects preference of
details of practice or to fit the particulars of the project.
7. Unit Prices: agree-in-advance list of prices and costs to add/subtract different quantities of
these components
8. Alternates: possible changes to the basic work shown in the construction documents; addition
or subtraction of a chuck of work/ or substitution
9. Allowances: provisions for items that havent been designed yet or that cant be known at the
time of the agreement
10. Phasing Requirements: phases if building cannot be built as one continuous process
11. General Notes: Segue to technical sections, instructions to contractors about issues that
apply to every trade
- try to put every trade on notice about conditions and requirements that apply to all trades on a
job
Final completion (all contractors obligations to the owner have been met)
Sixty days after substantial completion (premises are able to be occupied for their intended
use)
Post sixty days, time is considered change in services
Site observations (periodic)
Inspections (67) at substantial completion and final completion
Construction means and methods (68)
OSHA (Occupational Safety Health Administration)
Communication protocol (68) standard owner/architect agreement
Should be in writing
Processing submittals: submittals called for in the project manual are sent during the course of
the work to the architect, who reviews them for conformance to the design intent and points out
nonconformance to specification requirements. (69)
Submittal log (required submittals)
Submittal schedule
Request for Information (RFI), contractor question for architect
Notice of Proposed Change (NPC), describing change
Proposed Change Order (PCO), information regarding changes in contract sum or construction
period
Change Order (CO), describes change in scope of work, contract sum and contract period
Signed by contractor, owner and architectpart of contract documents
Requisition of Payment (req) consisting of:
1. requisition certificate, spelling out original contract sum, changes made, current contract sum;
summarizes work to date, payments to date, and amount currently due,
2. Continuation sheet, lists every trade of work, the full value of that trade, the portion of the
work completed to the date of the requisition, and the calculated amount thus due
- Retainage, a fix percentage of the amount due
- over-requisitioned (71)
Punchlist (71) after substantial completion, list of all items uncompleted or done incorrectly
Contractor submits close-out documents, guarantees, warranties, final waivers of liens (sworn
statement that no claims will be made against the project for nonpayment)
Changes in Services
Preparing the program for the project, assisting the owner in site selection, providing a clerk of
the works, evaluating an excessive number of change orders, changing previously approved
drawings, changing the documents due to a substantive change in the project
size/quality/complexity/schedule/budget, assisting in correction of fire or water damage or
vandalism, assisting in litigation, providing services to complete the project after sixty days
beyond substantial completion, carrying out post-occupancy evaluation, doing the project as
multiple prime contracts or as fast track, providing assistance in corrective work or retrofitting,
providing inspection prior to end of guarantee periods
6 Fees for Architects Services
Fee Bases
Close-out reconciliation of monies between owner and contractor by adjusting the final contract
sum for allowance and contingency balances, contract savings, unresolved change orders
(99)
Protection of Persons and Property
Insurance and Bonds
Workers compensation; mandated by the State, protecting the worker
Project policies; cover all aspects of the project
Sureties (risks)
Bid bond, covering the risk that the contractor wont enter an agreement
Bondscan cover two risks, contractors failure to finish project and to pay the subs which
cause the subs to file a claim (a lien) against the owners property for payment
Performance bond
Uncovering and Correcting Work
Give notice to the architect in advance otherwise contractor must to uncover work at no
additional cost
Miscellaneous Provisions
Cost plus or cost plus a fee, when construction has to being before all the drawings are done,
the contractor may charge the owner for the actual costs, adding overhead and profit either as
an agreed-upon percentage or the costs to o be reimbursed or as a fixed amount. (102)
Guaranteed maximum price (GMP): maximum price
9 The Architects Office
Core values, services and kinds of clients
(1) Expertise, experience and execution(103)
Business versus practice-centered
Forms of Ownership
(1) Sole proprietorship, has one owner liable professionally and financially for everything the
firm does
a.
Income and expenses of a sole proprietorship are considered part of the sole
proprietors personal tax filing
b.
Business expenses + employees salaries are entered as expenses on the sole
proprietors tax returns
(2) Partnership: owned by two or more partners
a.
Partners may share ownership equally or unequally
b.
Joint and several liability: each partner is liable for actions of every other partner, to the
full extent of each partners personal assets
c.
Files a partnership tax return
(3) Professional Corporation: company owned by stock holders
a.
Simplifies process of adding and removing owners
b.
Personal assets of firms owners may be shielded from firms business liabilities
c.
Owners assets not protected from liabilities caused by their actions as professionals
(4) Limited liability partnerships (LLPs) and limited liability corporations (LLCs)
a.
May shield owners from liabilities of a business nature bot not of professional
wrongdoing.
Owners are always personally liable for professional errors or omissions, aka malpractice
Staffing a Firm
Organization of large firms:
(1) horizontal/departmental method, dividing into different department: project moves through
the various departments
a.
greater staff expertise for each type of task
(2) vertical/project method, project teams that handles the project from beginning to end
a.
continuity and the thread of how
(3) matrix method: team leaders are involved from beginning to end but each team is assisted in
each phase by office specialists
(4) studios, horsepower and scale, manageable working group
a.
may be organized by typology
Seven key situations
(1) hiring: should describe responsibilities, compensation, benefits and other terms of
employment, preferably in writing
(2) personnel policies: document that clearly state the firms employment policies: the criteria for
advancement and dismissal; holidays observed, vacation
(3) Delegation of responsibility and authority
(4) Motivation
(5) Evaluation
(6) Compensation
(7) Employees or consultants
10 Insurance, Legal, and Accounting Matters
Carrier = insurance company
Insurance premium, payment to share the ability to collect larger sums of money should
something unpredictable happen to them
Coverage: maximum amount recoverable from the company that collection and redistributes the
money
Underwriting: evaluating the risk of each potential insured, determining the cost of carrying that
risk
Policy: insurance companys agreement with the insured
Event: a loss against which the policy insures
Claim
Covered event
Deductible, amount the policyholder pays below the payout
General Business Insurance
Property and liability insurance (fire, theft, flood and client slip/falls in office) covered in Multiperil business owners policies (BOP) or commercial general liability insurance (CGL)
Business interruption insurance: covers continuing fixed expenses, lost profit, and even
temporary or permanent relocation if your business is prevented from operating
Workers compensation, covers employee injury on the job and unemployment insurance are
generally required
Elective form of insurance include health, dental, disability and life insurance
Non-insurance benefits include retirement plans, 401-K tax-deferred savings plans, and profitsharing plans
Construction and Professional Insurance
Bonds: bid bonds, performance bonds, and payment bonds
Contractors insurance
Project insurance: covering all the risk and liability for all parties of a project,
Architects professional liability insurance: covers a firms past and present employees and
owners for claims and claim adjustment expenses (mainly lawyers fees) arising from suits for
negligent acts, errors, and omissions in their performance of professional services
Third parties: non-owners
Claims made basis vs occurrence basis (112)
Prior acts: services performed before the current policy period and covered by the current policy
Tail
Self-insure
Legal Issues
Legal obligation incurred in three ways
(1) Contract
(2) Statute
(3) Common law (precedents and decisions of courts at all levels)
Standard of care (normally judged by society, in a lawsuit, judge or jury in court or in arbitration)
Proving negligence
(1) Duty. That the architect had legal obligation to do something, providing a reasonable
standard of care
(2) Breach. The architect failed-by action; by error; by omissionto perform the duty
(3) The breach of duty is proximate cause of harm to the plaintiff
(4) Damage. Actual harm or damage occurred as a result.
Statue of repose: time limit on the right of a plaintiff to bring an action
Trigger date, the beginning of the time may be either substantial completion or when the
potential problem was observed
Statues of limitations
Design errors vs construction error
Indemnification
Antitrust: (1) to fix or maintain price, (2) to boycott a competitor or customer, (3) allocate
business or customer
Accounting issues
Tow issues: flow of money in or out over a given period of time, and the value or worth of the
firm at any one point in time (117)
Income/Expenses
Income and expenses statement
Profit/Loss
Profit and loss statement
Expenses> Direct/indirect expenses (specific projects/overhead)
Accrual basis: income and expenses as happening when the obligations occur
Cash basis: income and expenses as happening when the actual transactions occur
Two different ways of keeping track of transactions
Value of a firm: cash in bank accounts; accounts receivable (AR), what clients or others owe,
value of equipment, office improvements made, real estate holdings
Obligations (liabilities) of a firm: taxes due, what is owed to employees, consultants, suppliers,
and vendors (accounts payable/AP); outstanding loans
The different between assets and liabilities is net worth
11 Project Management
Project schedule (120)
Milestone list, Expanded Schedule, Gantt chart, Critical Path Method (CPM) or PERT chart
Project organization
Hub-and-spoke method: all communications flow through one central party that makes all
decisions
Partnering, encourages teamwork, prevent disputes by means of workshop and team building
sessions, sometimes organized by outside facilitators
Project insurance, reducing disputes
Bonuses
Project Budgeting
Detailed quantity take-off: lists exact quantity, by count, square footage, linear footage, and so
on of every item of construction
Detailed cost estimate: inventories the quantity and applies appropriate market costs per unit
Life-cycle cost analysis, determines the real cost of a building over its lifetime use
12 Zoning and Building Codes
Zoning: macro, controls the allowed uses and size and shape of a building an a given site and
other issues that have an effect on a buildings surrounding
Building codes: deal with micro issues, primarily the safety of buildings
States have the authority to impose zoning and building codesthe states transfer this authority
to local government to enact, administer, and enforce them.
The Architects role
Zoning
Every local jurisdiction, according to tis sates laws, can have a zoning code (or "law or
resolution)
-Statues (enacted by the legislative branch) and regulation (enacted by the administrative
branch) guide and control the physical development of the jurisdiction
Codes divided in two parts: map and text