INTERVIEW PREP Flashcards

(292 cards)

1
Q
  1. What legislation controls the way Architects in NSW provide their professional services?
A

o The Architects Act 2003 (NSW) is the principal statute regulating architects in NSW. NSW Legislation+1
o Under the Act, the NSW Architects Registration Board (NSW ARB) administers registration, discipline, and regulation of architects. architects.nsw.gov.au+1
o In addition, the Architects Regulation 2017 (NSW) (a subordinate instrument) provides detailed provisions (e.g. registration criteria, code of conduct, misconduct) under the Act. NSW Legislation+2architects.nsw.gov.au+2
o More recently, reforms in the building industry also involve the Design and Building Practitioners Act 2020 (NSW) and its associated regulations, which impose additional obligations on design practitioners (including architects) in certain classes of buildings. architecture.com.au+2architects.nsw.gov.au+2
o Also relevant are general laws (e.g. contract law, Australian Consumer Law, building laws) which affect how architects provide professional services.

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2
Q
  1. What are the Architects Regulations? What do they cover?
A

o The Architects Regulation 2017 (NSW) (formerly Architects Regulation 2012) is the subordinate regulation under the Architects Act 2003. NSW Legislation+3NSW Legislation+3architects.nsw.gov.au+3
o The Regulation covers:
 * Qualifications required for registration as an architect (prescribed architectural qualifications) architects.nsw.gov.au+3NSW Legislation+3architects.nsw.gov.au+3
 * Criteria for accrediting architecture courses (through AACA / Architects Accreditation Council of Australia) NSW Legislation+2architects.nsw.gov.au+2
 * Particulars to be recorded in the Register of Architects (e.g. business address, email, practising/non-practising status) NSW Legislation+2architects.nsw.gov.au+2
 * Details about the composition, election, and appointment of the Board (academic and architect members) NSW Legislation+1
 * What constitutes a representation that a person is an architect (i.e. misuse of title) NSW Legislation+1
 * Exceptions for use of certain names by architect associations NSW Legislation
 * The NSW Architects Code of Professional Conduct (in Schedule 2) architects.nsw.gov.au+3NSW Legislation+3architects.nsw.gov.au+3
 * What conduct constitutes professional misconduct or unsatisfactory professional conduct NSW Legislation+1
 * Formal, savings and miscellaneous provisions. NSW Legislation+1
o The Regulation is due for automatic repeal under the Subordinate Legislation Act 1989 on 1 September 2026 (unless remade). NSW Legislation

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3
Q
  1. What is a Code of Conduct? What does it cover?
A

o A Code of Professional Conduct is a set of rules or standards that registered architects must follow, as prescribed by the Regulation (in NSW, it is Schedule 2 of the Architects Regulation). NSW Legislation+3architects.nsw.gov.au+3architects.nsw.gov.au+3
o It sets out professional behaviours, obligations, ethical standards, duties to clients and the public, requirements for competence, integrity, confidentiality, conflict of interest, insurance, and reporting. architects.nsw.gov.au+3architects.nsw.gov.au+3architects.nsw.gov.au+3
o Example: Clause 15 of the Code requires architects to maintain appropriate Professional Indemnity (PI) insurance, and to provide clients with information about the insurance. architects.nsw.gov.au+1
o The Code also defines what conduct is unsatisfactory professional conduct or professional misconduct (which may lead to disciplinary action) as incorporated into the Regulation. NSW Legislation+2architects.nsw.gov.au+2

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4
Q
  1. What is the difference between the AIA and the NSWRB?
A

o AIA = Australian Institute of Architects (formerly RAIA). It is a professional association / institute, voluntary membership, advocacy, continuing education, networking, publications, representation of architects.
o NSWRB / NSW ARB (the Registration Board) is a statutory regulatory body established under the Architects Act, responsible for registration, regulation, discipline, enforcing professional standards and consumer protection in the architectural profession in NSW. architects.nsw.gov.au+2NSW Legislation+2
o The AIA cannot force discipline or registration — it is membership-based. The Board, on the other hand, has legal powers under the Act to investigate complaints, discipline architects, suspend or remove registration, etc.

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5
Q
  1. What are the powers of each body in the event of a claim for misconduct being upheld?
A

o NSW ARB / NSWRB (under the Architects Act) has powers including (depending on severity):
 * Reprimand, caution or admonishment
 * Suspend registration for a period
 * Remove the architect from the Register (i.e., deregistration)
 * Impose conditions on registration
 * Require payment of costs of investigation
 * Issue compliance orders or require rectification
 * Accept undertakings from the architect
 * Publish findings or impose public notices
o The Board may refer serious matters to a Tribunal or court as per the Act.
o AIA, being a professional association, does not have legal regulatory power over registration, but it may discipline its members under its internal bylaws (e.g. suspend membership, censure, expel member), but only within its membership domain, not under law.

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6
Q
  1. How does Australian Consumer Law control the behavior of Architects?
A

o Under the Competition and Consumer Act 2010 (about Australian Consumer Law, ACL), architects providing services are subject to consumer protection provisions.
o Architects must not engage in misleading or deceptive conduct, false or misleading representations, or unconscionable conduct in dealings with clients (or prospective clients).
o The ACL implies certain guarantees in services (e.g. that services will be provided with due care and skill, services will be fit for purpose, will be delivered within a reasonable time). These apply even if not expressly stated.
o If an architect fails to deliver the service properly (e.g. due care, quality), the client may have rights under ACL remedies (repair, reperform, refund, damages).

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7
Q
  1. Name some non-architectural professional associations you will come in contact with as an
A
  1. Name some non-architectural professional associations you will come in contact with as an architect?
    Examples include:
    o Engineers Australia
    o Australian Institute of Landscape Architects (AILA)
    o Australian Institute of Building (AIB)
    o Association of Consulting Architects (ACA)
    o Urban design or planning institutes (e.g. Planning Institute of Australia, NSW Division)
    o Sustainability / Green Building Councils (e.g. Green Building Council of Australia)
    o Certifiers’ associations, building surveyor groups
    o Construction / builder associations (e.g. Master Builders Association)
    o Quantity Surveyors associations
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8
Q
  1. What information can be obtained from these associations?
A

From such associations you might access:
o Industry guidelines, standards, best practice documents
o Continuing Professional Development (CPD) courses
o Publications, technical resources, journals
o Networking, seminars, conferences
o Advocacy, legal / contract advice, risk management resources
o Practice notes, model contracts

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9
Q
  1. What must you do each year to remain registered as an architect?
A

o Pay any required annual registration fees to the NSW ARB.
o Comply with continuing professional development (CPD) requirements (in NSW, minimum 20 hours per annum) architects.nsw.gov.au
o Maintain (or show evidence of) Professional Indemnity (PI) insurance appropriate to your scope of service (as required under the Code) acumen.architecture.com.au+3architects.nsw.gov.au+3architects.nsw.gov.au+3
o Ensure your details (address, contact, firm associations, nominated architect, etc.) are up to date with the Board.
o Comply with the Code of Conduct and statutory obligations; if the architect engages in misconduct, may face disciplinary action.

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10
Q
  1. What must you do if you want to work interstate as an architect? How would you do it?
A
  • You would typically seek reciprocal registration or mutual recognition in the other State/Territory where you wish to practice.
  • Architects Registration Boards in each state/territory often recognise registration from other jurisdictions (subject to meeting local requirements).
  • You may need to apply to the local Board, submit proof of your NSW registration, qualifications, CPD, PI insurance, good standing, etc.
  • You may also need to satisfy any additional local legislative requirements (e.g. local codes, registration under local design / building practitioner legislation).
  • It’s important to check each jurisdiction’s Architects Registration Board for their rules.
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11
Q
  1. What are some of the Acts currently in force in NSW relating to the building industry?
A
  • Environmental Planning and Assessment Act 1979 (NSW)
  • Design and Building Practitioners Act 2020 (NSW) architecture.com.au+2architects.nsw.gov.au+2
  • Home Building Act 1989 (NSW)
  • Strata Schemes Management Act
  • Building and Construction Industry Security of Payment Act
  • Work Health and Safety Act 2011 (NSW)
  • Building and Development Control / Local Government Acts
  • State Environmental Planning Policies (SEPPs)
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12
Q
  1. What is the role of the NSW Building Commission? What are its powers?
A
  • The NSW Building Commission (under the umbrella of Fair Trading) regulates building practitioners, enforces building laws, inspects compliance, issues licences, investigates complaints.
  • It administers licensing of building contractors, enforces the Home Building Act, investigates defects, ensures consumer protection, and takes action when building work is non-compliant.
  • It can issue penalties, suspend or cancel contractor licences, issue compliance notices, require rectification, and prosecute offences under the relevant building legislation.
  • It also works with certifiers, supervisors and is part of the oversight for building regulation and reform.
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13
Q
  1. What other bodies are involved in administering these acts? What are their powers?
A
  • Local Councils: administer planning, development approvals, compliance with local environmental and development controls.
  • State Government departments (e.g. NSW Planning & Environment, Office of the Building Commissioner) oversee policy, compliance, regulation, auditing.
  • Certifiers / Building Surveyors / Accredited Certifiers: issue construction certificates, inspect compliance with building codes.
  • Courts, Tribunals (e.g. Land and Environment Court, NCAT): adjudicate disputes.
  • NSW Architects Registration Board (for design practice oversight in terms of architectural services)
  • Consumer protection / Fair Trading branches oversee building consumer rights, enforce laws against misleading conduct, licensing.
  • Building regulators under Design & Building Practitioners Act (e.g. registering
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14
Q
  1. How is planning and development regulated?
A
  • Via the Environmental Planning and Assessment Act 1979 (NSW) and associated regulations.
  • Local Environmental Plans (LEPs), State Environmental Planning Policies (SEPPs), development control plans (DCPs) set the rules.
  • A developer/owner must submit a development application (DA) to the local council (or relevant consent authority), showing compliance with planning controls, environmental impact, etc.
  • The proposal is assessed against planning instruments, consultation, referrals, conditions imposed.
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15
Q
  1. When is development approval required?
A
  • When a proposed use or building works fall into the category requiring consent under the LEP/SEPP.
  • When there is a change of use, addition, new building, demolition, significant external alteration, subdivision, etc.
  • If the works exceed exempt or complying development thresholds, formal development approval (DA) is required.
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16
Q
  1. How is development approval achieved?
A
  • Submit a Development Application (DA) to the relevant council/consent authority, accompanied by necessary documentation (plans, reports, statements, site analysis, environmental impact, etc.).
  • Referral to relevant agencies (e.g. heritage, traffic, environment).
  • Public notification/consultation and consideration of submissions.
  • Assessment by planners, possible negotiation, conditions imposed.
  • If approved, issue of a Development Consent / Approval with conditions.
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17
Q
  1. If there is a development approval dispute where is it held?
A
  • In NSW, disputes over development consent or refusals are typically dealt with by the Land and Environment Court of NSW.
  • Sometimes internal appeals (council review) or merits review may be available under the EP&A Act.
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18
Q
  1. What is the difference between a construction certificate and development approval?
A
  • Development Approval (or Development Consent / DA): permission to carry out a proposed development in planning terms (use, scale, form, impact) under planning legislation.
  • Construction Certificate (CC): under the building laws, after DA is obtained (if needed), a CC certifies that the construction documentation complies with the Building Code of Australia, relevant standards, and local requirements. Only once a CC is obtained can building works legally commence.
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19
Q
  1. What is the role of the building certifier?
A
  • A building certifier (or accredited certifier) reviews the construction drawings and documentation to ensure compliance with the NCC, applicable standards, building laws, and issues the Construction Certificate.
  • They also perform inspections at various stages during construction (footings, structure, etc.) to certify compliance.
  • They may issue occupation certificates / compliance certificates at project completion.
  • They ensure that the built work meets safety, accessibility, structural, fire and other legal requirements.
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20
Q
  1. What is the NCC?
A
  • The National Construction Code (NCC) is the national uniform set of technical provisions for the design and construction of buildings in Australia (which includes the Building Code of Australia [BCA] and Plumbing Code).
  • It sets minimum standards for structural safety, fire safety, health & amenity, energy efficiency, etc. All states/territories adopt it (legally enforced via state building legislation).
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21
Q
  1. Do you have to comply with Australian Standards when designing/documenting a building?
A
  • Generally yes — for many aspects of building performance, materials, systems, the NCC references Australian Standards, and compliance with those standards (or equivalent performance solutions) is required.
  • Where the NCC references a standard as “deemed-to-satisfy”, following that standard is a clear path to compliance. Alternatively, you may adopt a performance solution (i.e. justify equivalence) if you can demonstrate at least the same level of safety/quality.
  • In contract documents, clients or certifiers may require adherence to specific standards.
  • It is prudent (and often required) to adopt relevant standards to reduce risk.
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22
Q
  1. What types of buildings do contractors require licences to build?
A
  • In NSW under the Home Building Act, contractors require licensure to build residential buildings (houses, small residential work) or to perform residential building work above a certain cost threshold.
  • Also, for commercial or specialist works, contractors may need specific licences (depending on state licensing regimes).
  • The exact thresholds and classes vary; in NSW, for residential building work over a certain amount (e.g. $5,000) you must use a licensed contractor.
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23
Q
  1. Do selected trades require a licence? If so give examples.
A

Yes — many trades require trade licences, e.g.:
* Electricians
* Plumbers
* Gasfitters
* Air-conditioning / mechanical services trades
* Structural steel / welding trades (in some jurisdictions)
* These licensed trades must comply with safety, standards, insurance, registration, and be certified.

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24
Q
  1. Where is a residential building dispute held?
A
  • In NSW, residential building disputes (especially between homeowners and builders) are often handled by Fair Trading NSW, the NSW Civil and Administrative Tribunal (NCAT) (for smaller claims), or court depending on the size and nature.
  • The Home Building Act provides dispute resolution schemes, licensing investigations via Fair Trading.
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25
25. Where is a commercial building dispute held?
* More complex/(larger) disputes are heard in the appropriate court (e.g. NSW Supreme Court, District Court) or specialist construction arbitration or adjudication forums. * Some disputes may go to the NSW Civil and Administrative Tribunal or courts depending on jurisdiction and subject matter (contract, negligence, building defects).
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26. What legislation regulates the building of homes? Why do we have this legislation?
* The Home Building Act 1989 (NSW) is the primary legislation regulating residential building work in NSW (licensing, contracts, warranties, insurance, dispute resolution). * Purpose: to protect homeowners (consumers) by ensuring only qualified/licensed builders do work, ensure warranties, regulate contracts, ensure quality, reduce risk of defects, provide dispute resolution, and ensure safety, consumer confidence, industry standards.
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27. What are the different ways you can set up an architectural firm as a legal entity?
Common legal structures include: * Sole trader (you as an individual) * Partnership (two or more individuals) * Company / Corporation (e.g. Pty Ltd) * Trust (less common for pure service firms) * Incorporated association / cooperative (rare)
28
28. What does that entity need to do/have to comply with the Architects Act?
* If practising under a firm or corporation, you must have a nominated architect who is a registered architect and responsible for the architectural services. * The firm must notify the NSW ARB of the nominated architect and any changes in particulars. * The entity must only represent itself as an architect firm / corporation if registered as such (i.e. appear on the Board’s list). * The entity must maintain the standards required by the Act and Regulation, and the nominated architect must ensure services comply with Code of Conduct, PI insurance etc.
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29. Who is responsible for the architectural services and advice that entity provides?
* The nominated architect (a registered architect nominated by the firm) is legally responsible for the architectural services and advice provided by the entity. * The entity may also be liable (as a corporate entity) under contract, tort, professional liability, depending on structure.
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30. Where would you find information and advice when establishing your own firm?
* NSW ARB / Architects NSW website * AIA (Institute) practice resources * Association of Consulting Architects (ACA) * Legal / accounting / business advisors (lawyers, accountants) * Government small business / business.gov.au resources * Insurance brokers, risk management guides * CPD seminars, professional development courses
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31. What forms of insurance would you need to consider when setting up an architectural firm?
* Professional Indemnity (PI) Insurance * Public Liability Insurance * Contract Works / Construction / Builders risk (if relevant to services offered or if you hold contracts) * Office / Business Insurance (contents, equipment, computers, theft, fire, etc.) * Workers’ Compensation Insurance (if hiring staff) * Business Interruption Insurance * Cyber liability / data breach insurance * Directors & Officers (D&O) Insurance
32
32. What risk does each insurance policy cover?
* PI Insurance: protects against claims of negligence, errors, omissions in your professional services (i.e. design, advice, specification) causing financial loss to clients. newlinegroup.com+3architects.nsw.gov.au+3acumen.architecture.com.au+3 * Public Liability: covers injury or property damage to third parties (non-professional services context) arising from your business operations. * Contract Works / Construction: covers physical loss or damage to works under construction (if you undertake contract works). * Office / Business Insurance: covers damage, theft, fire, equipment, contents. * Workers’ Compensation: covers injury to employees in the course of work (statutory requirement). * Business Interruption: loss of income if business cannot operate due to insured event (e.g. fire). * Cyber / Data Breach: liability from breach of data, hacking, loss of client data. * D&O Insurance: protects directors/officers from claims arising from management decisions (breach of duty, mismanagement, etc.).
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33. How would you obtain finance for establishing a new firm?
Possible sources: * Bank loans / business loans * Overdraft or credit line * Equity investment (partners, investors) * Government grants or small business support funding * Personal savings or capital injection * Leasing / hire purchase for equipment * Business support programs
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34. What information would be required to obtain the required finance?
* Business plan (objectives, services, market, cash flow forecasts, risk analysis) * Financial projections (profit & loss, balance sheet, cash flow) * Past financial history (if existed) * Details of owners/partners, their credit history * Collateral / security offered * Details of clients, contracts, pipeline of work * Insurance, credentials, registration * Legal structure, licenses
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35. What is PI Insurance and what risks does it cover?
* PI (Professional Indemnity) Insurance is a specialist insurance covering loss or damage claims made by clients arising from alleged professional negligence, errors, omissions, breach of duty or advice, design defects, failure to perform services properly. coverforce.com.au+4architects.nsw.gov.au+4architects.nsw.gov.au+4 * It covers legal defence costs, damages, settlements, indemnity costs. * Because most claims arise years after work is done, PI is often a “claims made” policy (cover applies if policy was in place when claim is made). BizCover+2acumen.architecture.com.au+2
36
36. Is PI different from other insurance cover and if so in what way?
* Yes — PI insurance is claims made, not occurrence-based (i.e. the claim must be made when the policy is in force, even if the work was done earlier). BizCover+1 * Because of that, run-off cover is often needed when you cease practice, to cover claims made after you stop trading for past work. * PI covers financial loss from professional negligence, not necessarily property damage or personal injury (which may require public liability). * PI is tailored to professional services; coverage, limits, terms, retroactive dates, exclusions are critical.
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37. What are your obligations to the insurer under the terms of most PI policies?
* Disclose material facts and prior claims or known circumstances when applying * Notify the insurer promptly of any claim or possible claim * Take reasonable steps to avoid or mitigate loss * Cooperate fully in investigation or defence of claims * Do not admit liability, settle, or incur costs without insurer’s consent (depending on policy terms) * Maintain accurate records and documentation * Pay premiums, observe policy conditions
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38. How much cover do you need when seeking PI insurance?
* This depends on the scale, complexity, and risk profile of your projects — for small residential work a lower limit may suffice, for large commercial/mixed-use you’d need higher limits (often millions of dollars). * Some projects or clients (or builder agreements) may require minimum coverage (e.g. $5 million, $10 million) * The limit must allow for legal costs, potential damages, inflation, long-tail claims * You should assess your maximum likely exposure per project and across your portfolio.
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39. When hiring new staff how do you establish suitable salary levels?
* Benchmarking against industry salary surveys, professional bodies (AIA, ACA) * Use independent salary guides, recruitment consultants * Consider experience, qualifications, role responsibilities, location, market demand * Consider salary bands, benefits, growth paths
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40. As an employer what is your responsibility regarding superannuation
* Superannuation: must pay employer superannuation contributions (as required by law) on behalf of eligible employees. * Workers’ Compensation: you must have workers’ compensation insurance to cover work-related injury claims. * Safe workplace: you must comply with the Work Health & Safety Act (or equivalent) — provide safe systems, training, hazard control, consultation, accident reporting, safe equipment, policies.
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41. What is the difference between a contract of employment and working for another architect as an independent contractor?
* Contract of employment: employee relationship; the employer has control over how, when, and where work is done; benefits like leave, super, workers’ compensation, taxes withheld. * Independent contractor: you provide services as a separate business entity; more autonomy over how work is done; responsible for own tax, insurance, equipment; no leave entitlements from the principal; taxed differently. * The distinction has legal, tax, insurance, liability and workplace rights implications.
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42. How does an architect get paid for its professional services? Describe the method or methods of payment.
Common methods include: * Percentage fee (a percentage of construction cost) * Lump sum / fixed fee (a fixed amount for the agreed scope) * Hourly or daily rates (time-based billing) * Cost-plus (not common for architects) * Phased billing / staged payments (e.g. by project milestones or deliverables) * Combination (e.g. fixed fee for design, hourly for extras)
43
43. How would you establish a fixed price fee offer for a potential client?
* Define the scope of work clearly (what is included / excluded) * Estimate the effort, hours, resources, risk, contingencies * Price for each phase (schematic, design development, documentation, contract administration) * Add provision for extras / variations * Include allowances for travel, consultant coordination, meetings, supervision * Assess the risk margin (uncertainty, complexity) * Check that the fee is reasonable relative to market, value to client, deliverables
44
44. How would you establish a percentage fee offer for a potential client?
* Estimate the likely construction cost (or use client’s estimate) * Apply a negotiated percentage based on type of project, complexity, risk, scope * Clarify what the percentage includes (does it cover all phases, consultant coordination, site visits, contract administration, travel etc?) * Provide a mechanism to adjust fee if construction cost changes (e.g. percentage applies to actual cost) * Compare with market norms (e.g. typical percentage ranges for residential, commercial)
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45. How do you establish hourly charge out rates for you and your staff?
* Calculate all overhead costs (rent, utilities, software, insurances, administrative costs, training) * Add desired profit margin and risk contingency * Then divide by billable hours (account for non-billable time, leave, etc.) to derive rate per hour * Factor in market conditions, experience, seniority, demand * Consider different rates for senior / junior staff or specialist services
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46. Once a fee has been agreed with a new client what should be done about the arrangements and detail of the agreed fees?
* Formalise the agreement in writing (fee agreement / contract) specifying scope, deliverables, milestones, stages, inclusions / exclusions, payment terms, variations, disbursements, liability, termination, etc. * Both parties sign the agreement * Retain the contract for record * Ensure both parties have clear understanding of responsibilities
47
47. If your potential client telephones to advise the fees are all agreed and instructs you to proceed with the design work is it OK to accept this instruction? What must you do in response to the call?
* You should not commence significant design work based solely on a verbal instruction — always confirm the agreement in writing. * Immediately follow up with a written confirmation / letter of appointment or fee agreement detailing scope, fees, terms. * Ask client to sign or confirm acceptance of the terms in writing before proceeding with work.
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48. What would you do in the event your potential client does not sign a fee agreement?
* Politely but firmly advise that you cannot proceed until the agreement is signed (or accepted in writing). * Offer to negotiate or clarify issues in the agreement. * At least document in writing (email) the terms you are assuming, and request client’s written confirmation. * Be cautious about doing unpaid work without a formal agreement (risk, scope creep, payment disputes).
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49. What should you do if your client proposes a non-standard fee agreement prepared by
* Carefully review the agreement (seek legal advice) to ensure it is fair, reasonable, and that the risks (liabilities, indemnities, disclaimers, scope, payment terms) are acceptable. * Negotiate amendments or clarifications where necessary (e.g. limit liability, define scope, exclusions, variation procedures, dispute resolution). * Ensure the agreement aligns with your professional obligations, insurance cover, and your capacity. * If parts are unacceptable, propose your standard terms or balanced modifications.
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50. Your client agrees to a most generous fee arrangement but insists on using a non-standard fee agreement. This contains a requirement for you to warrant your services. Is this OK and what should you do before signing the document?
No, it’s not OK to provide a warranty for your services as it extends liability beyond the normal professional “duty of care” and is likely excluded by professional indemnity insurance. Before signing, seek legal advice and approval from your insurer. Request that the clause be amended to say the architect will “exercise due care and skill” in accordance with professional standards.
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51. What is the difference between a fee proposal and a client-architect agreement.
A fee proposal is an offer outlining the scope of work, fees and assumptions — it’s not legally binding until accepted. A client-architect agreement is the formal, legally binding contract that sets out the full terms and conditions between the client and architect.
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52. What are the requirements in the Architects Act including Regulations and Code of Conduct regarding fee arrangements and client-architect agreements?
Architects must provide a written agreement before commencing work. The agreement must identify the client, scope of services, fees, and terms. It must be clear, comprehensive and kept on record, as required under the Architects Regulation 2017 and Code of Conduct clauses 7–8.
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53. What are the fundamental sections of a client-architect agreement and what do they cover?
Parties and project details. Scope of services and exclusions. Client responsibilities. Fees, payment terms and adjustments. Program and deliverables. Intellectual property rights. Insurance and standard of care. Termination and dispute resolution. Special conditions or variations.
54
54. Describe the professional services are provided by an architect at the Concept Design stage when using the AIA CA Agreement?
Confirm client brief, site, budget and statutory constraints. Prepare concept design options. Review and refine preferred concept with client. Provide outline cost advice and coordinate early consultant input.
55
55. Describe the professional services are provided by an architect at the Design Development stage when using the AIA CA Agreement?
Develop the approved concept into a coordinated design. Coordinate with structural and services consultants. Select materials, systems, and finishes. Review cost estimate and confirm compliance with NCC and planning controls.
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56. Describe the professional services are provided by an architect at the Contract Documentation stage when using the AIA CA Agreement?
Prepare detailed drawings, specifications and schedules. Coordinate consultant documents. Ensure NCC and statutory compliance. Prepare documents for tender and construction.
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57. Describe the professional services are provided by an architect at the Contract Selection stage when using the AIA CA Agreement?
Advise on procurement methods. Call and assess tenders, respond to queries. Recommend preferred contractor and prepare contract documentation for signing.
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58. Describe the professional services are provided by an architect at the Contract Administration stage when using the AIA CA Agreement?
Administer the contract between client and builder. Assess progress claims, variations, and extensions of time. Inspect works for compliance (not supervision). Issue certificates and manage defects period.
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59. What are partial services? Give two examples.
Partial services are where the architect provides only part of the full service. Examples: Concept and DA documentation only. Post-DA contract documentation only
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60. Would you modify your client-architect agreement if you were to provide them? If so how?
Would you modify your client-architect agreement if you were to provide them? If so how? Yes. The agreement must be amended to clearly define the limited scope and remove stages not being provided. Fees, deliverables, and responsibilities must be adjusted accordingly.
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61. If a potential client requests you to provide Supervision of the works as part of your services during the construction phase how would you respond?
Explain that “supervision” implies full control of the site and is not covered by PI insurance. Offer to provide “contract administration” instead, which involves inspecting works for compliance, not controlling the contractor.
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62. If you are engaged by the Contractor how does this effect your scope of services?
Your client changes to the contractor. Your role becomes design coordination, documentation review, and compliance advice. You no longer act as contract administrator between client and builder.
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63. If you are engaged by the Contractor how does this effect your client-architect agreement?
Use a consultancy agreement instead of a client-architect agreement. Remove contract administration clauses. Define deliverables, IP licence, liability limits, and payment terms specific to the contractor relationship
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64. What is copywrite? How is it controlled? Who has the copywrite of your architectural designs? What are your responsibilities regarding advising your client about copyright?
Copyright is automatic legal protection under the Copyright Act 1968 (Cth) for original works such as drawings and models. The architect owns the copyright unless it is formally assigned. Clients receive a licence to use the drawings for the specific project. Architects must advise clients in writing of these rights and limitations.
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65. What are moral rights? How are they controlled? Who has moral rights in your architectural designs? What are your responsibilities regarding moral rights?
Moral rights protect the author’s personal connection to their work — including the right of attribution and integrity. They always remain with the individual architect, even if copyright is transferred. Architects must ensure their work is properly attributed and not altered in a way that harms their reputation
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66. How does this change when you are employed? What would your employee contract say?
When employed, the employer owns the copyright in works created during employment. The employee retains moral rights. The employment contract will confirm that IP created in the course of employment belongs to the employer
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67. How does this change when providing architectural designs for government clients?
Government contracts often require assignment of copyright to the government. Architects usually retain moral rights. Always review and negotiate IP clauses before signing
68
68. What is a licence in the context of copyright? Who has one? How do they get it?
A licence gives permission for another party (usually the client) to use the work for a specific purpose. It is usually granted automatically under the client–architect agreement upon full fee payment.
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69. What are your responsibilities when taking over work from another architect?
Confirm that the client holds a valid licence or copyright assignment from the previous architect. Acknowledge the original author. Do not copy or reuse previous work without written permission.
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70. What is Indigenous Cultural Intellectual Property in the context of First Nations peoples?
It refers to the collective ownership of cultural heritage, stories, symbols, and traditional knowledge by Aboriginal and Torres Strait Islander peoples.
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71. How is it controlled? How is it different from other IP? What is cultural appropriation?
Controlled through community protocols and agreements, not formal copyright law. It is collective, spiritual, and intergenerational, unlike individual copyright. Cultural appropriation occurs when cultural material is used without consent or respect. Architects must always seek permission and respect cultural confidentiality.
72
72. What are consultants what services do they provide required and who pays for their services?
Consultants are specialists who provide technical input (e.g. structural, services, ESD). They are generally selected by the client with advice from the architect. They ensure compliance and technical quality. The client pays their fees unless otherwise agreed.
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73. Explain the terms Specialist Consultant Secondary Consultant and Sub Consultant.
Specialist Consultant: engaged directly for a particular expertise (e.g. acoustic engineer). Secondary Consultant: engaged by the architect to assist in their services. Sub-consultant: engaged by another consultant (e.g. fire engineer under MEP consultant).
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74. How would you find a suitable (say) ESD consultant on behalf of your client? How would you brief them? Would you consider more than one? How would you select them?
Would you consider more than one? How would you select them? Identify through professional networks or references. Prepare a written brief defining sustainability targets, deliverables and timing. Seek proposals from several consultants and compare experience, scope, and fees. Select based on qualifications, capability, and fit for project goals
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75. How is the work of consultants accommodated within your project planning and program? When should consultants be engaged?
Include consultant deliverables and review points in your project program. Engage them early — ideally during concept or design development stages — so their input informs design decisions
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76. Name the typical consultants required for a small domestic alteration.
Structural engineer, surveyor, energy assessor (BASIX), building certifier, and sometimes a geotechnical engineer.
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77. Name the typical consultants required for a large hospital complex. Warehouse? School?
Hospital: structural, civil, mechanical, electrical, hydraulic, fire, acoustic, ESD, wayfinding, infection control, access, landscape. Warehouse: structural, civil, hydraulic, electrical, fire, ESD, traffic. School: structural, services, acoustic, landscape, access, educational planner.
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78. Name the consultants you might need for a historically significant site.
Heritage architect, archaeologist, heritage planner, conservation engineer, materials conservator, and possibly landscape historian.
79
79. Discuss the concept of engagement with First Nations peoples. How is it different from consultancy? What research would you do before you commence engagement?
Engagement is an ongoing relationship of respect and collaboration, not a transactional consultancy. It involves listening and co-design, not instructing. Research Country, language group, and local Aboriginal Land Councils before engagement.
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80. When should engagement with Traditional Owners commence? How long should it run for? How should it be accommodated in your project planning and program?
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81. How do you identify who the Traditional Owners are? What is a respectful strategy to commence engagement? What are the risks of these two processes?
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82. Discuss your understanding of Aboriginal and Torres Straight Islander Peoples aspirations to care for Country.
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83. Is it appropriate to ask Traditional Owners to “share their cultural stories”?
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84. If anything is shared with you what is your responsibility regarding that information?
85
85. What is co-design? What is First Nations led design?
86
86. What does coordinating the work of consultants entail? Explain functionally how you do it. How do you record and track the coordination process/communication with consultants?
87
87. If your client engages the consultants but your services include “coordination of the consultants” what is your responsibility when a consultant fails to produce the relevant documents in accordance with your program and causes delays to the tendering of the works?
88
88. Who is responsible when errors are found in (say) the structural drawings resulting in a major claim for a variation by the contractor? Remember you agreed with your client to “coordinate the work of the consultants”?
89
89. During the construction phase of a project an error is discovered in the electrical services documents which show a large switchboard in the main entry of the building. There is nothing on your drawings to show this item and to create a suitable cupboard to house the SB will cost a lot of money. What do you do and how do you explain the additional cost to your client?
90
90. What is a quantity surveyor and what services to they offer? Who pays for their services?
91
91. What are bills of quantities? Would they form part of the contract documents set? If so what would they be used for?
92
92. What does the term Quality Assurance mean? How does this term apply to the practice of architecture? What tools/processes do you have to manage the quality of your services?
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93. Before commencing the design of any building what information do you require from your client?
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94. What other information must you obtain before starting any design work?
95
95. What is a brief and what will it contain? What is a return brief?
96
96. What is a project plan? What should it contain? How do you select the project team? How do you establish the project program? How do you establish project deliverables?
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97. How do you monitor how well you are adhering to the project plan? What happens if the work produced is not aligning with the project plan. What happens if the client makes changes and this impacts the project plan?
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98. How would you ensure a project remained on the agreed budget through the design documentation and tendering stages of a commission?
99
99. What must be obtained from your client after completing each stage of a commission?
100
100. How do you respond to an instruction from the client that change the scope of work?
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101. How do you respond to an instruction from the client that changes your scope of services?
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102. What is whole life carbon?
103
103. What is the difference between embodied and operational carbon?
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104. How can you reduce operational carbon in a building design?
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105. How can you reduce embodied carbon in a building design?
106
106. What other than CO2e should be assessed when considering the environmental impact of a project?
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107. What measurement tools do you have to define the environmental impact of your design.
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108. What is a specification and how is it different from the information shown on the drawings.
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109. Where would you locate a finishes schedule in the package of documents for tendering the works?
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110. Where would you locate a list of provisional sums within the sect of contract documents?
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111. Who decides on the amount to be included for a provisional sum?
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112. What is the NCC? Describe what each Volume covers.
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113. What are included in the schedules to the NCC?
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114. What are reference documents and provide an example.
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115. What is a Safety in Design Report? What is it for? Who should receive a copy of it?
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116. What is procurement? What are the three risks of procurement?
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117. Which procurement model(s) prioritise time for the client. How does this effect your CAA terms and scope. Who is your CAA with?
what is your role in them and what are the risks
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118. Which procurement model(s) prioritise quality for the client. How does this effect your CAA terms and scope. Who is your CAA with?
what is your role in them and what are the risks
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119. Which procurement model(s) prioritise cost for the client. How does this effect your CAA terms and scope. Who is your CAA with?
what is your role in them and what are the risks
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120. When would a Public Private Partnership be an appropriate procurement model?
121
121. What is Early Contractor Involvement? What are the pros and cons of ECI?
122
122. What is Design and Construct. Who do you work for? What is Novation?
123
123. Describe the different forms of tendering commonly used in the building industry?
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124. How would you ensure all tenderers were provided with the detailed arrangements for a tender process?
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125. What would be included in a typical set of tender documents for one of your projects?
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126. How would you create a selected list of prospective tenderers?
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127. What do you do when a tenderer notifies you of contradictions in the tender documents?
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128. What happens in a tender process after the tender closing time?
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129. How do you manage late tenders?
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130. In the tender process what is an addendum and what is it used for?
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131. What would be included in a set of contract documents for a fully documented project?
132
132. When using the ABIC lump sum contract who are the parties that sign the contract documents?
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133. Name 3 different standard forms of lump sum building contracts.
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134. Which contract would you recommend for a small residential project and why?
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135. Which contract would you recommend for a large commercial project and why?
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136. Describe at least 3 separate non-traditional (i.e. other than a lump sum) forms of procurement
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137. What role does the architect play in the commonly used standard lump sum contracts?
138
138. What are the fundamental obligations of the owner in an ABIC contract
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139. What are the fundamental obligations of the contractor in an ABIC contract
140
140. What is the purpose of the Schedules in an ABIC contract?
141
141. Can you use the Australian Standard AS- 2124 contract for residential work?
142
142. Can you use an ABIC contract for residential work?
143
143. Who are the parties who sign the ABIC contract?
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144. Who are the parties who sign an AS 2124 contract?
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145. Who are the parties who sign an AS 4000 contract?
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146. Your client and the Contractor want to use a MBA standard form of lump sum contract. Is there any problem with this proposal?
147
147. When does the construction contract commence under an ABIC contract? When does it end?
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148. What other significant dates are listed in the ABIC contract and where are they be stated.
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149. How are these significant dates established? Can they be changed?
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150. What happens when a significant date occurs?
151
151. What is the architect’s roll under the ABIC contract?
152
152. Explain how you are would continue to receive instructions from your client yet remain independent during contract administration phase of an ABIC contract?
153
153. What risks are there to the architect providing contract administration services to a client? How can these risks be minimised?
154
154. What happens if there is a disagreement between the parties under an ABIC contract? What happens if the dispute can’t be resolved
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155. What role should you take in any dispute between the contractor and the owner under an ABIC contract.
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156. What must the contractor provide to the architect under the terms of the ABIC contract before site possession is granted?
157
157. What other information do you require from a contractor before a project commences on site?
158
158. Under the terms of the ABIC contract the contractor is required to produce a program showing how the works will be completed. Does this program become part of the contract documents?
159
159. During the construction phase of a project who is responsible for the supervision of the works.
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160. What is the difference between making regular inspections (as stated in the AIA CA agreement) and supervising the works?
161
161. Who controls the site during the construction of the works and why?
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162. Is it OK for your client (the owner) to visit the works at any time to check on progress?
163
163. What is the purpose of a site meeting? Typically what would be covered in a site meeting? What additional items should you (as the architect) ensure are included in the first site meeting?
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164. How often should site meetings be held and why?
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165. Who should run site meetings and prepare the minutes? Explain the reasons for your answer.
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166. How do you respond to a question from the contractor on site?
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167. How do you respond to a question on site from a sub-contractor?
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168. What is the normal way for a contractor to formally ask questions under the contract?
169
169. What does the ABIC contract require by way of response to questions from the contractor?
170
170. What are the pros/cons of the formal question-answer system under the contract? Where is the architect at risk in this process? What could the architect do to minimise any risk?
171
171. Explain the requirement for security as defined in the ABIC contract?
172
172. Who provides security under the ABIC contract and to whom?
173
173. What are the types of security available under ABIC?
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174. What is a bank guarantee and what is its purpose under the terms of the ABIC contract?
175
175. What is a retention fund under ABIC? What is its purpose and how does money get placed in this fund.
176
176. How can an owner use a bank guarantee provided under the terms of the ABIC contract?
177
177. How can an owner use the money in the retention fund under the terms of the ABIC contract?
178
178. When, if at all, is security released and by which party to the ABIC contract?
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179. Does the architect release security under the terms of the ABIC contract and if so to whom?
180
180. During construction what insurance(s) are required under the terms of an ABIC contract?
181
181. Which party provides these insurance policies
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182. Who must hold them?
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183. When must the policies be taken out and for how long?
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184. When and to whom are they transferred if at all?
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185. How are these insurances documented and who holds the documentation?
186
186. Does the insurance policy for the works cover a situation where damage to the works occurs as a result of negligence by the contractor?
187
187. What happens when there is a break-in on site and tools to the value of say $1500.00 are stolen?
188
188. Consider a domestic alteration where the roof is partly removed and covered with tarpaulins by the Contractor (as part of the works) but during a rainstorm water gets inside and damages this damage covered by the “works” insurance policy?
189
189. What is the meaning of the term “variation”?
190
190. What are the three elements that may be impacted by a variation? Give examples of each
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191. Does a variation always cause an adjustment to the contract? Explain.
192
192. Describe the process by which a variation and its effects are recorded + managed under the
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193. Are there any risks to the contractor if this process is not followed? Discuss
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194. Are there any risks to the owner if this process is not followed? discuss
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195. Are there any risks to the architect if this process is not followed? discuss
196
196. Who assesses the value of variations and why?
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197. Who approves variations and why?
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198. Who assesses the impact of the variation and how is this done?
199
199. Under an ABIC contract what is the difference between the term “variation” and a claim by the contractor to “adjust the contract”
200
200. In an ABIC contract what is the meaning of the term “prime cost sum”.
201
201. In an ABIC contract what is the meaning of the term “provisional sum”
202
202. When would a prime cost sum be used and when would a provisional sum be used as part of an ABIC contract?
203
203. What are the risks with using either prime cost and/or provisional sum? give examples.
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204. When would it be a good idea to use either? give examples.
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205. Who decided the amounts to be used for prime cost and/or provisional sums? How are these figures established and where would they be found in the contract documents?
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figures established and where would they be found in the contract documents?
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207. Under the provisions of an ABIC contract who pays the contractor?
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208. Describe the process as set out in the ABIC contract to be followed by the contractor when requesting payment
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209. Under the provisions of an ABIC contract who checks the contractor’s request for payment and how?
210
210. Under the provisions of an ABIC contract what are the owner’s obligations with regard to payments?
211
211. What happens if there is a disagreement about how much to pay the contractor
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212. In the ABIC contract where are the payment terms described? What happens if the contractor does not get paid within in these terms?
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213. Is it OK for an owner to pay for things that have been constructed off site but not yet delivered to the works?
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214. Assume you have checked these items in the factory and confirmed they are all completed and ready for delivery. On the basis of your answer what risks are there to the contractor the owner +/or to the project?
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215. How can these risks be minimised?
216
216. Under the provisions of an ABIC contract when does the contractor get the last payment?
217
217. What must you do when before making your assessment of the current value of the works
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218. What are the significant dates under the ABIC contract? Is it possible to adjust them? Explain
219
219. What is a construction program?
220
220. Under the provisions of an ABIC contract who should provide the program and when?
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221. Under the provisions of an ABIC contract is the construction program a contract document?
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222. Should the architect approve the construction program?
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223. Does the program remain the same throughout the contract?
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224. What is a critical path?
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225. Under the provisions of an ABIC contract how does the contractor ask for additional time if the
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226. Under the provisions of an ABIC contract who decides if the contractor is allowed to have additional time and how is the contractor’s request assessed.
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227. Under the provisions of an ABIC contract what information must be provided before any assessment can be made?
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228. How is the assessment process documented under the provisions of an ABIC contract?
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229. Who is responsible for minimising delays and their effects?
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230. What risk does the architect face with respect to their own involvement in any delay to the works? How can this risk be minimised?
231
231. Under the provisions of an ABIC contract what is the term practical completion?
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232. How is the target date for completion of the works described in the ABIC contract and where?
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233. Under the provisions of an ABIC contract who decides when this date has been reached?
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234. What does the date of practical completion trigger under the provisions of an ABIC contract? (i.e. what happens at practical completion?)
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235. What happens if the contractor does not complete the works by the due date and is late? What if the works are finished before the due date? What if the works are finished before the due date?
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236. Under the provisions of an ABIC contract can the target date for practical completion be changed and how?
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237. Under the provisions of an ABIC contract what is the procedure for the contractor when it believes the works are complete
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238. Under the provisions of an ABIC contract what is the procedure for the architect when the contractor states the works are complete
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239. What items must be complete at the date of practical completion
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240. What type of items may not complete at practical completion? give examples
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241. What documents are required prior to practical completion? Why is it important to have these prior to?
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242. How should the architect respond if both parties to the contract believe that practical completion has been reached but the architect does not agree?
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243. Can practical completion be triggered other than by the architect? If so describe what happens under the terms of the ABIC contract
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244. What would you say to a client who wants to move in before PC.
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245. If the client does move in before PC what should you do?
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246. What are liquidated damages and what is their purpose?
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247. Are they calculated on working days or calendar days? Why?
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248. Who decides the value per day? When is it determined and where is it documented?
249
249. Under the provisions of an ABIC contract who decides if liquidated damages should apply + when?
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250. Under the provisions of an ABIC contract how are liquidated damages formally applied under the contract?
251
251. Are liquidated damages a penalty? If not what are they?
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252. What is an early completion bonus?
253
253. What is a late penalty clause? How is it different from Liquidated Damages?
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254. What is a defect?
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255. Under the provisions of an ABIC contract what is the defects liability period and what is its purpose
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256. How long should it be and why? Where in the ABIC contract is this documented?
257
257. What is the difference between a defect and a maintenance item? give examples
258
258. When would you make an inspection for possible defects?
259
259. How would you communicate to the contractor those items you have determined are defects?
260
260. What risks are there to the architect during the defects liability period? How can they be minimised?
261
261. What risks are there to the contractor during the defects liability period? How can they be minimised?
262
262. What are the owner’s obligations when
as a result of a building defect
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a roof in the middle of the night during a weekend?
264
263. What are the contractor’s obligations when
as a result of a building defect
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occurs to a roof in the middle of the night during a weekend?
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264. What are the architect’s obligations whento a roof in the middle of the night during a weekend?
as a result of a building defect
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265. What happens when a defect is discovered 2 days before the end o f the defects liability period?
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266. Under the provisions of an ABIC contract what is a final certificate?
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267. Under the provisions of an ABIC contract when is it issued and by whom?
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268. What does the issue of the final certificate trigger?
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269. After the issue of the final certificate what obligation if any does the contractor have to rectify defects?
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270. What recourse is available to an owner to get a defect rectified after the issue of the final
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certificate if the contractor refuses to do the work?
274
271. What are the obligations of an architect to the owner after the issue of the final certificate
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272. Under the provisions of an ABIC contract what are the requirements of the architect after the
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issue of the final certificate
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273. What is a post occupancy study? What is its purpose? Who conducts it?
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274. What is a carbon post occupancy study? What is its purpose? Who conducts it?
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Termination & Disputes
280
275. How is the ABIC contract terminated? Who can terminate? Under what conditions can it be
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terminated? What are the rights of the parties after termination?
282
276. How is a Client Architect Agreement terminated? Who can terminate? Under what conditions
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can it be terminated? What are the rights of the parties after termination?
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277. Can a contract be immediately terminated if a party has an insolvency event?
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278. What is Alternative Dispute Resolution? Give two examples.
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279. What is the purpose of the mediation clause in a contract?
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280. How could a client make a legal claim against you?
288
281. Give an example of a statutory claim that could be made against you as an architect. As an
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employer? As a director?
290
282. Give an example of a contractual claim that could be made against you as an architect. As an
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employer?
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283. Give an example of a tortious claim that could be made against you as an architect.