VICTORIAN HOUSE AR 858 LEGAL FRAMEWORK AND PROCESSES BRADLEY SOWTER WORD COUNT:
I would first like to acknowledge the how RIBA has asked me to structure this manifesto. It has been asked that: “Your manifesto should be written in a style befitting the academic aspirations of a learned society” In reference to this, I would like to show appreciation to former president J.A.GTOCH with his views of RIBA as a learned society1:
“It was once a learned society and on to further the interest of architects and through them, those of architecture. It represented, as the Report of 1872 said , the interest of architecture as a profession and an art. But its tendencies were rather oligarchical. Associates had no vote. Its active members were all London men. Its policy was against the affiliation of societies in the provinces, although it was prepared to bestow a benevolent interest upon them”. J.A.GTOCH
I have chosen this quote to show how what once was known as a learned society was anything but a learned society in today’s environment. The world is constantly changing and challenges that faced the founding members of RIBA On the 20th October, 1791 in the Thatched House tavern2 are not the same challenges we face today. A clear example of change is that the first RIBA headquarters 43 king street convent garden, which is home to the Brazilian shoe brand Melissa. We must acknowledge the need to constantly adapt and evolve, shaping the world around us but also letting the world around us shape the institute.
1 J.A.GTOCH, 1934 P.25 2 J.A.GTOCH, 1934 P.2: On the 20th October, 1791, a meeting of four architects was held at the Thatched House tavern, where it was resolved to establish a club, to be called the Architect’s Club, with an entrance fee of five guineas and an annual subscription of like amount. The four architects were James Wyatt, Henry Holland, George Dance and Samuel Pepys Cockerell, and they elected as original member eleven other architects, together its four honorary members all of whom had achieved distinction in their profession. This was an exclusive members club that would meet one Thursday every month.
0
Strategic Definition
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In e Us
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2
6
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5
3
4
Priority Questionnaire Used for radar diagrams and client profiles Please rank the following below in regards to the priority preference of the project;
Priority ( 0 = Lowest. 5 = highest )
0
1
2
3
4
Early possible start on site Certainty over contract duration Shortest possible contract period Top quality, minimum maintenance Sensitive design, control by employer detailed design critical Lowest possible capital expenditure Certainty over contract price, no fluctuation Best value for money overall
As witness the hands of the parties
As witness the hands of the parties
Architect
Client
Witness
Witness
5
Project risk assessment: Legal risks as set out in the RIBA legal handbook
Client Risk Has the client legal entity been clearly identified and verified Have we wroked succesfully for this client before, directly or indirectly? Is the client financially stable? Does the client have a history of witholding fees/making claims Does the client have a clear idea of what it wants to acheive, set out in a written brief Is the client’s vision achievable/reasonable in light of time/budget expectations? Is the client knowledgeable about the design and construction process? Project Risk Do we have any information about the likely contractor or other consultants? Have we worked with them successfully before? Are the required services clear? Do we have the experience and expertise to provide the required servivces? Are we able to resource the required services within the likely fee? Do we have the resources to comply with the client’s project timescale? Do current staff have capacity to handl the project workload and remain effective? Contract Risk Is the selection process reasonable? Are contract negotiations and contract terms likely to be reasonable? Will sub-consultancy agreements be required? Will we be obliged to provide collateral warranties or third party rights? Will Local Collaboration to be required? Is the contract base on english law? Will we be able to form a project tream to the necessary standard? Is novation a possibility?
Strengths
Opportunities
Weaknesses
SWOT
Threats
1
Preparation and Brief
This Project version of the RIBA Plan of Work 2013 has been prepared by Sowte basis of a Traditional Contract procurement route.The RIBA Plan of Work 2013 using building projects into a number of key stages. The content of stages may va should be used solely as guidance for the preparation of detailed professional ser
Core Objectives
Identify client's Business Case and Strategic Brief and other core project requirements.
Develop Project Objectives, including Quality Objectives and Project Outcomes, Sustainability Aspirations, Project Budget, other parameters or constraints and develop Initial Project Brief. Undertake Feasibility Studies and review of Site Information.
Procurement
Initial considerations for assembling the project team.
Prepare Project Roles Table and Contractual Tree and continue assembling the project team.
Establish Project Programme.
*Variable Task Bar
Programme
Prepare Concept Design, including outline proposals for structural design, building services systems, outline specifications and preliminary Cost Information along with relevant Project Strategies in accordance with Design Programme. Agree alterations to brief and issue Final Project Brief.
Prepare Developed Desig including coordinated and updated proposals for str design, building services outline specifications, Co Information and Project Strategies in accordance Design Programme.
Review Project Programme.
Review Project Programme.
Review Project Program
Pre-application discussions.
Pre-application discussions.
Pre-application discussions.
Planning application mad of stage using Stage 3 ou
Review Feedback from previous projects.
Prepare Handover Strategy and Risk Assessments.
Prepare Sustainability Strategy, Maintenance and Operational Strategy and review Handover Strategy and Risk Assessments .
Review and update Sustainability Strategy, Maintenance and Opera and Handover Strategie Risk Assessments.
Undertake third party consultations as required and any Research and Development aspects.
Undertake third party consultations as required conclude Research and Development aspects.
Review and update Project Execution Plan.
Review and update Proje Execution Plan, includin Change Control Proced
*Variable Task Bar
(Town) Planning *Variable Task Bar
Suggested Key Support Tasks
Agree Schedule of Services, Design Responsibility Matrix and Information Exchanges and prepare Project Execution Plan including Technology and Communication Strategies and consideration of Common Standards to be used.
Consider Construction Strategy, including offsite fabrication, and Review and update Cons develop Health and Safety and Health and Safety Strategy. Strategies.
Sustainability Checkpoints
Sustainability Checkpoint - 0
Sustainability Checkpoint - 1
Sustainability Checkpoint - 2
Sustainability Checkpo
Information Exchanges
Strategic Brief.
Initial Project Brief.
Concept Design including outline structural and building services design, associated Project Strategies, preliminary Cost Information and Final Project
Developed Design, includ coordinated architectural structural and building se design and updated Cos Information.
(at stage completion)
er&Bishop LLP for use on its project VictorianHouse. It has been prepared on the organises the process of briefing, designing, constructing, maintaining, operating and ary or overlap to suit specific project requirements. The RIBA Plan of Work 2013 rvices contracts and building contracts.
gn, d ructural systems, ost t e with
Prepare Technical Design in accordance with Design Responsibility Matrix and Project Strategies to include all architectural, structural and building services information, specialist subcontractor design and specifications, in accordance with Design Programme.
Offsite manufacturing and onsite Construction in accordance with Construction Programme and resolution of Design Queries from site as they arise.
Handover of building and conclusion of Building Contract.
Design Team Stage 4 output issued for tender. Tenders assessed and Building Contract awarded. Specialist contractor Stage 4 information reviewed post award.
Administration of Building Contract, including regular site inspections and review of progress.
Conclude administration of Building Contract.
mme.
Specialist subcontractor design work undertaken in parallel with Stage 5 in accordance with Design and Construction Programmes.
de at end utput.
Planning conditions reviewed following granting of consent and, where possible, concluded prior to starting on site.
, ational es and
d and
www.ribaplanofwork.com
Review and update Sustainability, Maintenance and Operational and Handover Strategies and Risk Assessments. Prepare and submit Building Regulations submission and any other third party submissions requiring consent..
Review and update Sustainability Strategy and implement Handover Strategy, including agreement of information required for commissioning, training, handover, asset management, future monitoring and maintenance and ongoing compilation of 'As Constructed' Information.
Carry out activities listed in Handover Strategy including Feedback for use during the future life of the building or on future projects. Updating of Project Information as required.
© RIBA
Undertake In Use services in accordance with Schedule of Services.
Conclude activities listed in Handover Strategy including Post-occupancy Evaluation, review of Project Performance, Project Outcomes and Research and Development aspects. Updating of Project Information, as required, in response to ongoing client Feedback until the end of the building’s life.
ect ng dures.
Review and update Project Execution Plan.
oint - 3
Sustainability Checkpoint - 4
Sustainability Checkpoint - 5
Sustainability Checkpoint - 6
Sustainability Checkpoint - 7
ding the l, ervices st
Completed Technical Design of the project.
'As Constructed' Information.
Updated 'As Constructed' Information.
'As Constructed' Information updated in response to ongoing client Feedback and maintenance or operational developments.
Review Construction Strategy, struction including sequencing, and update Health and Safety Strategy.
Update Construction Strategy and Health and Safety Strategies.
C2 COST
C1
2
3
4
5
C3
Q3
E
QU AL
TIM
T2
ITY
0
1
T1
T3
Criteria TIME
QUALITY
COST
Q2
Q1
Priority ( 0 = Lowest. 5 = highest ) 0 1 2 3 4 5
T1
Earliest possible start on site
T2
Certainty over contract duration
T3
Shortest possible contract period
Q1
Top quality,minimum maintenance
Q2
Sensitive design, control by employer
Q3
Detailed design critical
C1
Lowest possible capital expenditure
C2
Certainty over contract price, no fluctuation
C3
Best value for money overall
Design-bid-build, RIBA Domestic Buidling procurement subcontractor
client
sub-subcontractor
supplier
contractor subcontractor
Architect*
consultant
subcontractor
consultant
subconsultant
0
1
2
3
4
5
Strategic Definition
Preparation and Brief
Concept Design
Spatial Coordination
Technical Design
Manufacturing and Construction Handover
Tender for the (main) contractor takes place and Buidling Contract
6
7
Use
Tender for subcontractor may occur
Professional Services contract *Architect is also acting as lead designer/lead consultant/Employer’s agent and Contract Administrator
Non-contractural Relationship
JCT - Framework Agree
Management Procurement
Construction Management Contract
NO
Traditiona Procureme
Works contain a element of design the Contractor
Employer wants contractor to employ ‘Works’ Contractors
NO
YES
Building Management Contract
Works include a regular flow of maintenance and minor works projects to be carried out in a specific period under on contract
YES
Measured Term Contract
NO The work is to be quantified and remeasured
NO Prime Cost Building Contract
YES
Works are of a complex nature or involve a high degree of building services or other specialist works
NO YES
Intermediate Building Contract
Detailed procedures or named sub-contractor(s) required
NO
4 YES
Standard Buildin Contract Withou Quantities
5
6
YES Work is for repair and maintenance without consultant YES
Repair and Maintenance Contract
YES
A consultant will adminster the contract NO
Minor Works Building Contract
3
Works are of a com nature of involve a degree of buildin services or othe specialist works
NO Work is for a residential occupier’s dwelling
2
A Bill of Quantitie is required NO
NO
YES
Standard Building Contract with Quantities
Works have been designed and deta documents provid
YES
YES
Standard Building Contract With Approximate Quantities
NO
1
7
Building Contra for home owner/o pier with a consul
NO Work is for small scale repairs and maintenance
Home Repair and Maintenance Contract
NO
Building Contract for home owner/occupier without a consultant
ement - Flow Chart
al ent
Integrated Procurement
Design and Build Procurement
an n by r
Design of the Works is completed by the Contractor or it is done on their behalf
YES
Same contract throughout supply chain YES
YES
fully ailed ded
Major project where limited contractural procedures required
A Bill of Quantities is required NO
YES
ng ut
NO
JCT - Constructing Excellence Contract
YES
NO Design and Build Contract
Works are of a complex nature or involve a high degree of building servives or other specialist works
YES
Multi part team agreement is required
YES
es
mplex high ng er s
Major Project Construction Contract
Work other than that designed by Contractor is fully designed and detailed documents provided
NO
NO
JCT - Constructing Excellence Contract with Project Team Agreement
Standard Building Contract With Approximate Quantities
YES Detailed procedures or named sub-contractor(s) required YES NO
NO
Works are of a complex nature or involve a high degree of building servivces or other specialist works YES
Intermediate Building Contract with contractor’s design
Minor Works Building Contract with contractor’s design
Standard Building Contract with Quantities
act occultant
Legend 1.
Management Procurement
2.
Traditional Procurement
3.
Design and Build Procurement
4.
Integrated Procurement
5. 6.
Project Specific Route
7.
Source: Deciding on the appropriate JCT Contract 2-16 Page 33
RIBA Domestic Building Contract 2018
RIBA Concise Building Contract 2018
JCT Building Contract and Consultancy Agreement for a Home Owner/Occupier
JCT Standard Building Contract (SBC) Contractor Design
Option
Option
Client selected subcontractors
Option
Option
Option
Option
Option
Option
CDP submission Professional Indemnity Insurance Programme Sectional completion Partial possession Listed items Variation quotation Limited
Loss/Expense Variation and EOT rule
Variation
Client cancellation Insurance-backed guarantee Risk Register
Referenced Referenced
2
Concept Design
Maintain insurance in respect of its liabilities to the value specified
6.3
Provide evidence of insurance, take out insurance if the contractor/client fails to provide evidence
6.4
Concept Design
2
Notify the parties when a milestone has be acheived
18.3
Provide evidence of an insurance-backed guarantee
15.5
Provide a new building warranty
15.5
Obtain written consent of the client before assigning rights or benefits Give the contractor up to two free copies of the contract documents
5.2.1
Be responsible for all costs incurred
5.8.4
Issue instructions/inform CA to deal with inconsistencies in contract documents Administer the contract, issuing instructions and certificates and taking decisions
5.1
Inform the contractor of any other appointments
1.3
Carry out and complete the works in accordance with the contract, in workmanlike manner, by date for completion Be responsible for all regulatory and statutory consents, fees and charges as aset out under item I of the contract Comply with all relevant health and safety legislation Comply with all statutory obligation Use methods that prevent nuisance, trespass and pollution
Technical Design
3
Spatial Coordination
Ensure a suitably qualified representative is available during the works Submit a programme to the CA to the CA administrator , in the agreed format, not later than the pre-start meeting
4
4
Ensure there is adequate PII for its design Execute a collateral warranty or third-paty rights agreement in favour of identified parties Cooperate with others engaged by the client following contractor failure to comply with a 7-day notice Issue payment certificates, not later than 5 days after the date for interim payment Pay amount due on any payment certificate or payment notice by the final date for payment Use reasonable skill,care and diligence in the design Notify CA of any discrepancies it finds in the client or architects designs Notify the CA of termination of employment of a required specialist
5.9
2.1.1 2.1.2 2.1.3 2.1.4 2.2 2.3 14.1 15.5 16.1.2 5.8.2 7.3 7.6 15.1.1 15.3 16.1.2 3.1
Attend the pre-start meetings Allow contractor access to the site for pre-construction inspection, carrying out the works and rectifying defects
1.1
Issue any revisions
5.2.2
Contractor
Contractor Adminsitrator
Client
Clause in RIBA Domestic Building Contract
1.5
1
Preparation and Brief
Comply with all relevant health and safety legislation
Ensure the design is in accordance with client’s spec
Manufacturing and Construction
5
15.1.2 15.2
Employ the required specialist to carry out parts of the works
16.2
Take all reasonable steps and precautions to ensure that security is maintained on the site at all times
2.4
Provide the Contractor and CA and/or client with a warning of an event that will affect the progress of the works
3.2
Take into account (when determining a revision of time and/or additional payment) any failure by contractor to comply with 3.2
3.3
Allow others to access to the site Calculate the effect of a change to works instruction on contract price and completion date Aim to agree any revision of time and/or additional payment promptly Determine the appropriate adjustment to the contract time/or price Inform the CA within 7 days if it believes that any instruction is not in accordance with the contract, or would have adverse effects on health and safety or the contractors design Comply with the CA decisions regarding the above Inform the CA of any event affecting the progress of the works and apply for a revision of time (with supporting documentation) within a reasonable time
5.2.2 5.6 5.8.3 5.11 5.12 5.13 5.14 5.15 9.4
Make a reasonable assessment of a revision of time
9.5 9.6
Apply for any adjustment to the contract price within a reasonable time of an event occuring
9.7
Aim to agree on additional payment promptly
9.8
Make a reasonable assessment of additional payment
9.9
Aim to agree on an additional payment promptly
Submit its calculations of the final contract price, along with supporting documentation, not later than 90 days after practical completion Aim to agree the final contract price with the contractor/CA within 30 days of the contractor’s submission Calculate the final contract price, if the parties cannot agree or the contractor makes no submission Issue a final payment certificate Issue the client with a valid VAT invoice Pay the contractor VAT on presentation of a valid VAT invoice Inform the contractor/client if force majeure occurs
Handover
1.2
Submit details of its design to the CA
Confirm oral instruction to deal with inconsistencies in contract documents Comply with instructions promptly
6
7.11.1 7.11.2 7.11.3 7.12.1 7.15.1 7.15.2 9.1
Notify the CA when it thinks that practical completion of the works or a section has been acheived
9.11
Remedy all defects identified during defects fixing period
10.3
Issue a certificate of making good defects when defects are fixed 10.4 Issue the contractor with a notice if they fail to fix a defect Remove all materials and equipment from site
10.5 12.10.2
Contractor
Contractor Adminsitrator
Client
Clause in RIBA Domestic Building Contract
Provide the contractor with access to parts of the works taken over prior to practical completion
Information checklist required by client before tendering for a contractor as set out in the RIBA domestic bulding contract 2018
Client: name and details Contractor: name and details Description of the works, site adress and whether it will be occupied Contract doucments Contract period:start date,date for completion and working hour restrictions Facilites: permission for the contractor to use facilities Architect/Contract Administrator Other appointments Consents, fees and charges,is the client or the contractor responsible for these? Insurance Contract price and payment frequency; rate of interest Liquidated damges (amount per day) Defects fixing period (minimum 3 months) Methods of dispute resolution Optional Programme if one is required, and details Contractor design and Proffesional Indemnity Insurance (PII) Required Specialists Completion in sections Milestone payments Payment on practical completion of the works Client acting as a contract administrator Insurance backed guarantee Wheter a new building warranty is required Evidence of ability to pay the contract price
2
Aspects of design Classification
Title
Concept Design
Design Team Design responsibility
Level of detail
3
4
Spatial Coordination
Design Team Level of information Design responsibility
Level of detail
Technic
Des Level of information
Design responsibili
5
cal Design
sign Team / Contractor
ity
Level of detail
Level of information
6
Manufacturing and Construction
Handover
Contractor Design responsibility
Level of detail
Contractor Level of information
Design responsibility
Level of detail
Level of information
4
Technical Design
5
Manufacturing and Construction
6
Handover
7
Use
B3
4
5
F1
F2
0
1
2
3
B2
F3
B1
I1
I4
I3
Evaluation FUNCTIONALITY
IMPACT
BUILD QUALITY
I2
Priority ( 0 = Lowest. 5 = highest ) 0 1 2 3 4 5
F1
Use
F2
Access
F3
Space
I1
innovation
I2
Form and material
I3
Internal environment
I4
Urban and social integration
B1
Performance
B2
Engineering systems
B3
Construction Fundamental Added Value Excellence
Bibliography “ALICE WINS SEAT: RIBA 25: RIBA COUNCIL ELECTIONS.” mustard. MUSTARD architecture | concepts | interiors, July 31, 2017. https://www.mustardarch.com/single-post/2017/07/31/Alice-Wins-Seat-RIBA25#! “Ben Derbyshire Elected RIBA President.” riba. Accessed October 26, 2019. https://www.architecture.com/ nd support trends. Based on natural reports submitted to the UNFCCC secretariat under the current reporting framework, 2019 “Close the Gap: Gender Pay Gap Pledge for RIBA Chartered Practices.” riba. Accessed October 26, 2019. https://www.architecture.com/knowledge-and-resources/knowledge-landing-page/gender-pay-gap-pledge. “Equality, Diversity and Inclusion (EDI) Strategy Creating Opportunity and Enabling Success .” Equality, Diversity and Inclusion (EDI) Strategy Creating Opportunity and Enabling Success , n.d. “Labour 2017 Manifesto.” riba. Accessed October 26, 2019. https://www.architecture.com/knowledge-and-resources/knowledge-landing-page/labour-2017-manifesto. “The new climate economy, The global commission on the Economy and climate: Unlocking the inclusive growth story of the 21st century: Accelerating Action in Urgent time: Key findings and executive summary.” The new climate economy, The global commission on the Economy and climate: Unlocking the inclusive growth story of the 21st century: Accelerating Action in Urgent time: Key findings and executive summary. 2018 10 May, 2018 By Richard Waite. “Race Diversity Survey: Is Architecture in Denial?” Architects Journal. Accessed October 26, 2019. https://www.architectsjournal.co.uk/news/race-diversity-survey-is-architecture-in-denial/10030896.article. 12 July, 2016 By Will Hurst, and 2016 12:42 pm Nigel Ostime28 July. “Jane Duncan: ‘The RIBA Is Doing Fantastic Things – but We Can Do Better’.” Architects Journal. Accessed October 26, 2019. https://www.architectsjournal.co.uk/news/jane-duncan-the-riba-is-doing-fantastic-things-but-we-can-do-better/10008616. article. 28 July, 2017 By Ella Braidwood, 2017 11:42 am Yasmin Shariff31 July, and 2017 2:05 pm Paul Iddon1 August. “RIBA Council Elections a ‘Huge Success’ in Improving Diversity.” Architects Journal. Accessed October 26, 2019. https://www.architectsjournal.co.uk/news/riba-council-elections-a-huge-success-in-improving-diversity/10022081.article. 5 April, 2019 By Ella Jessel, 2019 12:48 pm Scarlo Carpa5 April, 2019 8:16 am Ian Cadell6 April, and 2019 6:28 pm Rita Komendant14 April. “Gender Pay Gap 2019: Mixed Results Reveal Architecture Has ‘Long Way to Go’.” Architects Journal. Accessed October 26, 2019. https://www.architectsjournal.co.uk/news/genderpay-gap-2019-mixed-results-reveal-architecture-has-long-way-to-go/10041777.article. A Arneth,H Barbosa,T Benton,K Calvin,E Calvo, S Connors , A Cowie, E Davin , F Denton, R Diemen, F Driouech, “IPCC Special Report on Climate Change, Desertification, Land Degradation, Sustainable Land Management, Food Security, and Greenhouse gas fluxes in Terrestrial Ecosystems Summary for Policymakers Approved Draft.” IPCC Special Report on Climate Change, Desertification, Land Degradation, Sustainable Land Management, Food Security, and Greenhouse gas fluxes in Terrestrial Ecosystems Summary for Policymakers Approved Draft, 07 Aug 2019.”