Professional Practice and Procedure (Arc 807)

A TERM PAPER ON

PROFESSIONAL PRACTICE AND PROCEDURE (ARC 807)

Clients and Employers of Architects in Nigeria

Written by

OGUNDEJI PETER AYOBAMI

ARC/08/4011

THE DEPARTMENT OF ARCHITECTURE, SCHOOL OF ENVIRONMENTAL STUDIES

FEDERAL UNIVERSITY OF TECHNOLOGY AKURE, ONDO-STATE

JUNE, 2013

TABLE OF CONTENTS

Title page………………………………………………………………………………….1

Content…………………………………………………………………………………….2

1.0 INTRODUCTION…………………………………………………………………….3

1.1 DEFINITION OF TERMS………….……………………………………………..3

1.2 WHO IS THE CLIENTS OR AN EMPLOYERS …………..…………...………..4

2.0 OBLIGATIONS AND AUTHORITY OF THE CLIENT…………………….……..4

2.1 Information, Decisions, Approvals and Instructions…………………...………….4

2.2 Statutory and Other Consents Required…………………………………………..5

3.0 THE APPOINTMENT OF AN ARCHITECT ………………………………………5

3.1 OBLIGATION TO EMPLOYER OR CLIENT .….…………………….……….5

3.2 DETERMINATION BY EMPLOYER…..……………………………….……..7

4.0 THE CONSULTANT ………………………………………………………….……9

4.1 THE TRADITIONAL ROLES OF PROFESSIONAL ARCHITECTS……….….9

CONCLUSION …………………………………………………………………..……..11

RECOMMENDATIONS ……………………………………………………….………11

REFERENCES

1.0 INTRODUCTION

Each party to a building contract has a right to end the contract. However, this right is not to be exercised with impunity or at the least provocation. If a contract is breached, the normal remedy is damages. But if damages would not work, the aggrieved party may determine the contract in order to bring it to an end.

Clause 25 of the Standard Forms of Building Contracts in Nigeria, determination by employer/client p.28 explained that the employer may determine the contractor’s and other consultant ‘s employment if the contractor defaults in any of the following ways, abandons the works without any reasonable cause, fail to proceed regularly and diligently with the works, refuses or persistently neglects to comply with architect’s instructions, becomes bankrupt and if he is found guilty of corruption.(Nigerian Institute Of Architects, 2001)

However, the clients and employers of architect in Nigeria could involves cooperate organisation such as banks and insurance company, government parastatal involving Federal, State and Local Government also private, individual and public firm. (Nigerian Institute Of Architects, 2001)

1.1 DEFINITION OF TERMS

Architect :-Itshall mean the professional architectural firm, organisation or person commissioned by the Client to carry out the services required under the Agreement as stated in the conditions of contract.

Client:-Itshall mean the person or body corporate or unincorporated with whom the member makes an agreement or contract for the provision of services or the performance of works and/or the supply of goods.(Nigerian Institute Of Architects, 2001)

Client’s Account:- Payments made by client for other services consultants, through members, is client’s account in trust. Members therefore shall not thwart, divert, discount or delay remittance (beyond reasonable banking clearance time frame) to respective beneficiaries.

The Employer:- The standard form of building contract, (1996) describe employer as someone obtaining professional services under an Agreement together with another party who will take up the required responsibility.

1.2 WHO IS THE CLIENTS OR AN EMPLOYERS

The Client is, by far, the single most important member of the construction team. He is the initiator and financier of all the projects. David (2001) noted that the major contribution the client can make to the successful operations of the construction industry lies in his skill in specifying his needs prior to the preparation of the design. It is also important for the client to set cost limits of the project at the briefing .He should also ensure that adequate financial provisions are made prior to the commencement of any project.

2.0 OBLIGATIONS AND AUTHORITY OF THE CLIENT

2.1 Information, Decisions, Approvals and Instructions

The Client shall provide the Architect with a comprehensive project brief and shall commission thestudies required to arrive at the budget and programme.

The Client shall supply accurate information as necessary for the proper and timely performance of theServices. (Determination of employer and employment)

The client shall not unnecessarily withhold information, decisions and approvals as may be requiredfor the timely execution of the Services.

The Client shall notify the Architect of his intention to make alterations and or amendments, subject tothe Architects right of reasonable objection.

All notices/requests for approvals or decisions from the Client by the Architect shall be responded towithin the agreed period.

The Client shall allow for the provision of continuous all risk insurance for all project phases, coveringprofessional indemnity insurance.

The Client shall allow for the provision of Standards Compliance Registration for architectural buildingsand other projects with the Architects Registration Council of Nigeria (ARCON) and pay the relatedstatutory fees as set out by ARCON. Projects shall be issued with an ARCON Project RegistrationNumber to certify that the work has been carried out by a duly registered Architect.(Nigerian Institute Of Architects, 2001)

The client shall make all payments due to the Architect in accordance with Clause 5 of this agreement in the standard form of building contract.

2.2 Statutory and Other Consents Required

The Client shall cause the making of applications for all necessary permits under the appropriatelegislation. (Determination of employer and employment)

The Client shall pay all statutory charges, fees, expenses and disbursements in respect of suchapplications.(Nigerian Institute Of Architects, 2001)

3.0 THE APPOINTMENT OF AN ARCHITECT

The Client hereby appoints the Architect and the Architect hereby agrees to render the Services on the project upon the terms and Conditions of Engagement for architectural services hereinafter set forth.(Nigerian Institute Of Architects, 2001)

3.1 OBLIGATION TO EMPLOYER OR CLIENT

In recognition of architect obligation to an employer or client; he shall act for each employer or client as faithful agent or trustee. Therefore, he shall:

Carry our work with due care and diligence in accordance with the requirements of the employer or client, endeavour to complete work on time and to budget and advice my employer or client as soon as practicable of any overrun foreseen;

He should not influenced in the course of his professional duties by conflicting interests; disclose all known or potential conflicts of interest that could influence or appear to influence my judgement or the quality of my service.

Not accept compensation, financial or otherwise, from more than one party for services on the same project or endeavour, or for services pertaining to the same project or endeavour, unless the circumstances are fully disclosed and agreed to by all interest parties.

iv) Not offer or provide, or receive in return, any inducement for the introduction of business from a client unless there is full prior disclosure of the facts to that client, and not solicit or accept financial or other valuable consideration, directly or indirectly, from outside agents in connections with the work for which they are responsible;

v) Not accept financial or other consideration, including free professional designs from materials or equipment suppliers for specifying their product;

vi) Not accept commissions or allowances, directly or indirectly, from contractors or other parties dealing with my clients or employers in connections with work for which I am responsible.

vii) Not, if in public service as member, advisor or employers of a government or quasi-governmental body or department, participate in decisions with respect to services solicited or provided by me or any organization in private or public professional practice in which I have interest.

viii) Not, except where specifically so instructed, handle client’s monies or place contracts or orders in connection with work on which I am engaged when acting as an independent consultant and shall not purport to exercise independent judgement on behalf of a client on any product or service in which I knowingly have any interest, financial or otherwise.

ix) Not solicit or accept a contract from a governmental body on which a principal or officer of my organization serves as a member

x) Not accept outside employment to the detriment of my regular work or interest. Before accepting any outside employment; I will notify my employers and obtain their consent;

xi) Not attempt to attract a fellow member of the Profession from another employer by false or misleading pretences;

xii) Not actively participate in strikes, picket lines or other collective coercive action.

xiii) Not disclose, authorize to be disclosed, use of personal gain, or benefit a third party, confidential information acquired during the course of professional practice, including those concerning the business affairs or technical processes of any present or former client or employers or public body on which I serve, unless with the consent of the employer or client or at the directive of a court of law;

xiv) Not, without the consent of all interested parties, promote, or arrange for new employment or practice in connection with a specific project or endeavour for which I have gained particular and specialized knowledge;

xv) Not, without the consent of interested parties, participate in or represent an adversary interest in connection with a specified project or proceeding in which I have gained particular specialized knowledge on behalf of a former client or employer;

xvi) Not, without consent of my employer or client, use equipment supplies laboratory, or office facilities or my employer or client to carry out outside private practice;

xvii) If in a salaried position, accept part-time professional work only to the extent consistent with policies of my employer and in accordance with ethical consideration.

xviii) If using designs supplied by a client, recognize that the designs remain the property of the client and may not duplicate them for others without express permission of the client;

xix) Treat designs, data, records, and notes referring exclusively to work of an employer as the property of the employer and shall obtain an indemnity of the employer for use of the information for any purpose other than the original purpose.

xx) Articulate social responsibility of members of an organizational unit and encourage full acceptance of those responsibility;

xxi) Create opportunities for members of my organization to learn the principle and limitations of the use of computational (Nigerian Institute Of Architects, 2000)

3.2 DETERMINATION BY EMPLOYER

Clause 25 of the standard form of building contract, determination by employer or client explained that the following shall be the respective rights and duties of the Employer and Contractor:

1. The Employer may employ and pay other persons tocarry out and complete the Works and he or they mayenter upon the Works and use all temporary buildings, plants, tools, equipment, materials and goods intendedfor, delivered to and placed on or adjacent to the Works and may purchase all materials and goods necessaryfor carrying out and completion of the Works.

2. The Contractor shall, if so required by the Employer or Architect within 14 days of the date or determination, assign to the Employer without payment, the benefitof any agreement for the supply of materials or goodsand/or for the execution of any work for the purposes of this Contract but on the terms that a supplier or asub-contractor shall be entitled to make any reasonable objection to any further assignment thereof by the Employer. In any case, the Employer may pay anysupplier or sub-contractor for any materials or goods delivered or works executed for the purposes of this Contract ( whether before or after t h e date of determination).

3. The Contractor shall, as and when required in writingby the Architect so to do (but not before), remove fromthe Works any temporary buildings, plants, tools, equipment, materials and goods belonging to or hiredby him. Ifwithin a reasonable time after any suchrequirement has been made the Contractor has notcomplied therewith, then the Employer may (butwithout being responsible for any loss or damage) remove and sell any such property of the Contractor,holding the proceeds less all costs incurred to the creditof the Contractor.

4. Without prejudice to any other rights or remedies whichthe Employer may possess under clause 25.4.5, theArchitect shall instruct the Quantity Surveyor to prepare the Final Account for settlement in accordancewith clause 30.

6. The Contractor shall allow or pay to the Employer inthe manner hereinafter appearing the amount of anydirect loss and/ or damage caused to the Employer by the determination. Until after completion of the Worksunder clause 25.4.1 the Employer shall not be bound by any provision of this Contract, to make furtherpayment to the Contractor, but upon such completionand the verification within a reasonable time of the accounts by the Quantity Surveyor thereof, the Architectshall certify the amount of expenses properly incurred by the Employer and the amount of any direct lossor damage caused to the Employer by thedetermination and if such amount when added to themoney or monies paid to the Contractor before the date of determination exceed the total amount whichwould have been payable on due completion inaccordance with this Contract, the difference shall be a debt payable to the Employer by the Contractor; and ifthe said amount when added to the money or monies( be less than the said total amount, the difference shallbe a debt payable by the Employer to the Contractor.(Nigerian Institute Of Architects, 1996)

4.0 THE CONSULTANT

Cost considerations are among the most important and basic considerations that Consultants must deal with. It is essential to see that projects are contained within the client’s budget and cost forecasts. Cost has the final control over virtually every project.

Accurate cost analysis and control is one of the necessary services the client requires from the consultants (David, 2001).

4.1 THE TRADITIONAL ROLES OF PROFESSIONAL ARCHITECTS

The architect is a professional usually entrusted with the design and supervision of the building project. His role is legally binding. In spite of the biting economy, architects still remain the leader in the building industry.

It may also indicate that the person to whom the term is applied discharges his functions fairly and with the great concern for the interest of the people and communities with whom he deals. In its narrowest usage, the professional differentiates a group of vocational pursuits that are other than business or labour.(Nigerian Institute Of Architects, 1996)

The architects duties begins by obtaining commission, through the legal means usually “orally or by writing”, by his reputation and personal contacts. He is responsible for the pre-contract matters which involves the design and management of the building project, usually divided into three stages. Stage one involves sketch design; stage two is the preparation of the working drawings and specification while the third stage requires tendering and supervision.

The architect helps the client to prepare the contract documents which include working drawing, specifications, general conditions, supplementary conditions and owner-contractor agreement. The architect equally assists as the client in obtaining approval of government agencies e.g. town or city planning authority, when required. He assists the client and contractor in the process of bidding for the contract by furnishing them with the stipulated number of copies of plans and specifications. He is generally responsible for the recommendation of contract between clients and successful bidders.

Some of the architect’s roles during construction include;

1. Administration of contract as the agent of the client.
2. Construction supervision by strict inspection and instructions.
3. Assisting in payment to contractor by issuance of the relevant certificates after the necessary valuations.
4. Project completion accomplished through final acceptance of the work and issuance of final certificate. (David, 2001)

In general, an architect in discharging the basic and traditional role for a project is liable if losses are due to faulty design, as indicated by the contract documents, whereas, if losses are as result of the contractor’s failure to comply with the instruction, the liability is the contractor.

The architect’s main function throughout the project is to protect the owner. The architect does not however, guarantee the work of the contractor. Other liability of the architect include; damage resulting from a foundation failure in which the settlement of foundation failure is usually taken as prima facie evidence or neglect or lack of skill on the part of the architect, loses that result from errors in his certificates for payment to contractors, and loses accruing from his delegated authority.

Legally, these mean that some degree of care and skill in the discharge of the professional duties. The architect’s reputation rides on his performance, and his reputation is known to be the most important means of obtaining commission.

CONCLUSION

Conclusively, Clients and other construction team such as Contractors and Consultants should give an approach so as to restore client’s confidence in consultants, reduce investment risks, and generally boost the viability and sustainability of the building industry.

RECOMMENDATIONS

Clients should clearly identify their requirements and needs, whether they are able to achieve them with their financial capability in order to reduce payment problems.

There should be proper coordination and communication among various parties working on the project in order to improve management, control problems and reduce any avoidable delay. (Nigerian Institute Of Architects, 1996)

Since Contractors and Consultants generally agree on the severity rank of the factors affecting construction cost, they should work together to ensure that they give the Client quality for his money without exceeding the contract sum.(Determination of employer and employment)

REFERENCES

David C. (2011) Building Contract Claims, Fifth Edition. Blackwell Publishing Ltd.

Determination of employer and employment; election of coverage; records and reports; injunction; service suppliers. Retrieved from Accessed on March 19, 2013

Nigerian Institute Of Architects (1996) Standard Forms of Building Contracts in Nigeria, determination by employer/client p.28

Nigerian Institute Of Architects (1996) Standard Forms of Building Contracts in Nigeria, Liquidated and ascertained damages for non- completion p.25

The Nigerian Institute of Architects(2000), Conditions of Engagement and Consultancy Services Agreement; The Nigerian Institute of Architects based on the Federal Government Approved 1996 Scale of Fees. 2000 Edition.pg 5 J. K. Randle Hall, Island Club Road, Onikan, Lagos.

The Nigerian Institute of Architects(2001),Conditions of Engagement and Remuneration for Professional Architects’ Services architect registration council of Nigeria (ARCON) and The Nigerian Institute of Architects (NIA), 21ST SEPTEMBER 2011 Edition. J. K. Randle Hall, Island Club Road, Onikan, Lagos.

1