Tag Archive for Contracts

3 Things You Didn’t Know Architects Do #3

 

The Architect has very considerable powers under the Building Contract although is not a party to it.

The Architect must act upon a fair and proper interpretation of the contract as an independent observer. S/he must act fairly and impartially between the parties.

Contract administration can be quite complex and this (short) post by no means explores all that is involved. We just want to highlight 3 things you (probably) didn’t know architects do when they are appointed for the Construction Stage of your project:

1. Prepare the Building Contract

2. Issue Certificates for Payment to the Contractor

3. Issue Instructions to the Contractor

Under the standard RIAI Building contracts the Architect/Contract Administrator has the power to issue instructions to the contractor.

Instructions may relate to:

  • the modification of the design, quality or quantity of the works or the addition, omission or substituition of any work (“Variations”);
  • the correction of discrepancies between the contract documents;
  • the removal of materials from site;
  • the opening up for inspection of any work covered up;
  • the removal and/or re-execution of of any work not in accordance with the contract;
  • the postponement of work;
  • the dismissal of incompetent or misconducting personnel;
  • the amending and making good of any defects;
  • and any other matters relating to the proper execution of the contract.

The Contractor has the duty to comply and duly execute any work comprised in such Architect’s Instructions.

Click here to see a sample of Architect’s Instructions.

 

 

3 Things You Didn’t Know Architects Do #2

 

From the Employer’s initial brief through to project completion the Architect undertakes a myriad of processes.

Many of the conditions in standard forms of building contract relate to financial matters, and Architects need to have a comprehensive knowledge and understanding of them and be able to apply those conditions properly and in a professional manner.

Contract administration can be quite complex and this (short) post by no means explores all that is involved. We just want to highlight 3 things you (probably) didn’t know architects do when they are appointed for the Construction Stage of your project:

1. Prepare the Building Contract

2. Issue Certificates for Payment to the Contractor

Certification and making decisions are important duties for the Contract Administrator (the Architect). Certification requires the Architect to exercise judgement on various matters arising from the performance of the contract. The Architect has to issue interim certificates stating the amount due to the contractor. This amount shall be the total value of the work duly executed and of materials and goods delivered to site, less an amount to be retained by the Employer. The certificate must be factual and accurate, as the Architect may be personally liable for errors in certification.

The Architect/Contract Administrator typically sends the Certificate to the Contractor. After this the Contractor is entitled to send his invoice together with the Certificate to the Employer. The Employer shall honour the Certificate within 7 working days of the certificate.

3. Issue Instructions to the Contractor

 

3 Things You Didn’t Know Architects Do

 

We often feel that most people think that Architects are a bunch of creative minds that can “draw some plans” for you. Well, we do much MUCH more than that, particularly if we are appointed for all stages of your project.

Even though our services are all detailed in our agreements we feel that most of our clients do not know what exactly they involve until they actually get to that stage of the works.

Contract administration can be quite complex and this (short) post by no means explores all that is involved. We just want to highlight 3 things you (probably) didn’t know architects do when they are appointed for the Construction Stage of your project:

1. Prepare the Building Contract

This starts by selecting the appropriate type of RIAI contract for the works. There are a number of different contracts available, they also have attached a long list of conditions which the Architect should be familiar with.

The Architect then prepares the contract (by filling in all the relevant sections) and arranges for it to be signed by the Contractor (the builder) and by the Employer (the Architect’s client).

In simple terms, the Building Contract states that the Contractor is obliged to construct the Works in accordance with the drawings, specifications, etc which define the works, for the agreed Contract sum and be finished by the agreed completion date. The Employer’s principal obligation is to pay for work done.

The Building Contract has a number of conditions/clauses, these prescribe and allocate important rights, duties and liabilities. These conditions are very useful to resolve problems that can occur in a typical construction project.

2. Issue Certificates for Payment to the Contractor

3. Issue Instructions to the Contractor

 

 

 

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