Professional Documents
Culture Documents
D1
Abstract
1.
Vol. 6:1
2014
Vol. 6:1
2.
Usualy will be expected that the mutual trust position will allow
any party to notifies to other of any events which may be reasons for
delay in the execution of the contract and will result with extra cost.
However, a contract requires the Contractor to notify the
Owner/Employer/Project Manager of the event or circumstances which
needs additional time and cost.8 The architect serving as a construction
administrator observes construction for conformity to construction
drawings and specifications.9 These documents are part of the legal
contract between the owner and general contractor.10 When interpreting
these legal documents, the architects role shifts. The architect serves not
as the owners direct agent but in a quasi- judicial capacity, showing
partiality to neither owner nor contractor.11 At other times during the
construction phase the architect acts as the owners representative and
2014
agent.12
The law presumes that the architect is aware of the whole of
the terms of the building contract under which he or she is acting.
That is fundamental to the architect s responsibilities.13 Unfortunately
too many architects have very limited knowledge of the contracts which
they purport to administer.14 The architect has no intrinsic powers by
virtue of being the architect under a particular contract, still less by virtue
of simply being an architect.15
The continuing involvement of the architect during the
construction phase helps assure the client that the completed building will
reflect the design intent, and further ensures the quality of materials and
workmanship.16 When the architect is retained by the owner to administer
the construction contract, the architect is the owners representative in
dealing with the contractor.17
A construction administrator needs substantial design and
construction experience, a thorough understanding of construction
techniques and methods, and the ability to interpret the intent of
construction documents.18 The construction administrator also needs a
thorough understanding of building codes, standards, and regulations as
well as the ability to communicate, negotiate, and resolve disputes with
trade personnel.
So far as claims are concerned, the architect may only act in the
way set out in the contract. If there is a pre - condition which must be
satisfied before the architect can act, such as the giving of notice by the
contractor, an architect who acts without that pre - condition is acting
without authority and may become liable to the employer. The exercise of
12
Ibid.
Chappell David, Building Contract Claims Fifth Edition, Wiley-Blackwell,
2011
14
Ibid.
15
Ibid.
16
Mays Patrick, Contract Administration, avialble at
http://www.aia.org/aiaucmp/groups/aia/documents
/pdf/aiab089226.pdf, accesed on 10.8.2014.
17
The architect will be available for advice and consultation with the owner. In
monitoring the construction, the architect will be alert to whether the contractor
has carried out the design intent and the contract requirements relating to quality
of workmanship and materials. The architect will endeavor to guard the owner
against defects and deficiencies in the work. A general rule of thumb is that about
25 percent of the architects total compensation for services accounts for
construction administration. This fee percentage is generally sufficient to
compensate the architect for the following services during construction: 1)
Spending one day per week on site, attending a meeting and observing the
progress of construction, 2) Responding to questions from the contractors and
material suppliers, 3) Reviewing shop drawings and submittals, 4) Reviewing
and certifying monthly applications for payment, 5) Authoring clarifications and
minor changes to the documents, 6) Assisting consultants with construction
administration duties, 7) Record keeping and 8) Project closeout responsibilities.
Ibid.
18
Ibid.
13
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List of references
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All claims by the owner or contractor against each other should be referred to
the architect for initial decision as a condition precedent to more formal
procedures such as mediation and arbitration. Some claims will be those alleging
errors or omissions in the architects own actions or work product. The architect
must make even-handed, fair decisions strictly in accordance with the contract,
not siding with either party. The architect also must be a fair interpreter of the
documents. This can be difficult when the documents are imperfect and the
architects fair ruling will expose the documents to be at fault. When decisions on
the intent of the documents are made, they must be based on some tangible
evidence within the documents as to what is reasonably inferable and not merely
on what is in the architects mind. The architects decisions must be formulated
pursuant to procedural due process. This means that the architect must give
reasonable notice to each party to allow its position to be made known before the
architect makes a final decision.Arbitration tribunals and courts are inclined to
look with suspicion on contracts where final decisions on the performance of the
parties are made by a person under the control of one of the parties. Thus an
architects decision that is not fair, and is not seen to be fair, will be easily
overturned by arbitrators and judges on appeal. Ibid.
27
Ibid.
2014
8.
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10.
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25.
26.
http://www.georgiades.com/publications/georgiades3.pdf,
2.11.2011;
Knutson Robert, England, FIDIC An Analysis of International
Construction Contracts, Knutson Robert, Kluwer Law,
2006;
Myers James, Giffune John, Miller Lisa, United States of America,
Knutson Robert, editor, FIDIC an analysis of International
Construction Contracts, Kluwer Law International, 2006;
Mays
Patrick,
Contract
Administration,
avialble
at
http://www.aia.org/aiaucmp/groups/aia/documents/pdf/aiab089226.p
df, accesed on 10.8.2014.
Niralula Rajenda, Kusajagani Sjujni, ontract administration for a
construction project under FIDIC Red Book contract in Asian
developing countries, aviable at http://management.kochitech.ac.jp/ssms_papers/sms118874_26c77ee7398a284f7160e5ef1a6f075e.pdf, accesed on
10.10.2014
Powell-Smith&Furmston, Building Contract Casebook third
edition, 2000
Schneider Michael, Scherer Matthias, Switzerland, Knutson
Robert, editor, FIDIC an analysis of International Construction
Contracts, Kluwer Law International, 2006;
Speaight Anthony (editor), Architects Legal Handbook, Elsver ltd,
2010;
Totterdill Brian W., FIDIC users guide: A practical guide to the
1999 red and yellow books, Thomas Thelford, 2009;
Vukmir Branko, Ugovori o graenju i uslugama savetodavnih
inenjera, RRIF, Zagreb, 2009;
Vukmir Branko, Ugovori o izvodjenju investiciskih radova,
10
27.
Vol. 6:1
Zagreb, 1990;
Vuevi Milo, Lonar Milo, Ugovr o graenju, Pravni ivot,
br. 11/2002;