What is a professional?
QUEST: Qualifications, Ethics, Skills/ Trust
A professional person offers a service that is based on skilled technique and competency and is governed by an agreed code of conduct.
What is the difference between a landscape architect & a landscape contractor?
Landscape Architect = Professional (QUEST. Special relationship reinforced by trust,backed by a Code of Conduct.
- Appropriate behaviour
- Do their best for the client
- Respect the public
Landscape Contractor = Potentially commercial priorities, no governing charter / code of conduct
Is there an advantage in employing a professionally qualified landscape architect?
- Skilled and professional person
- Responsible agent
- Impartial professional
- Governed by a Code of Conduct
What is the purpose of a professional institute?
Royal Charter:
‘To protect, conserve and enhance the natural and built environment for the benefit of the public’
How does being a professional affect the public’s enjoyment of your work?
Standard 1 of the Code of Conduct: ‘to have regard to the interest of those who may be reasonably expected to use or enjoy the products of their work’
Royal Charter: ‘To protect, conserve and enhance the natural and built environment for the benefit of the public’
Consideration to the end user is intrinsic to all projects.
Why is the royal charter important to landscape architects?
- Defines and protects the professional title of Landscape Architect; only members / fellows can use the titles CMLI /FLI
- Only registered practices can use the title ‘Chartered Landscape Architects’
- Makes us statutory consultees of the Government for landscape issues
How are landscape architects obliged to conduct themselves?
That of a skilled professional person
- In accordance with the Code of Conduct;
Standard 5 ‘act with integrity’,
Standard 9 ‘perform work with due skill, care and diligence’
That of a reasonable agent
That of an impartial professional – Standard 9
Obligations beyond the UK: European Landscape Convention ‘protect, manage and plan to retain Europe’s local landscapes
Why do we have a code of conduct?
- Protects the interests of the clients and of the profession
- Maintains the status of the profession in the eyes of society
- Protects the public and profession
What moral obligations do LA’s have in their lives?
To act in accordance with the Royal Charter and the Code of Conduct such as:
Standard 1: have regard to the interest of the end user
Standard 5: act with integrity
Standard 11:manage personal and professional finances prudently
Why is CPD important & how would it benefit a practice?
Why is it important?
1. CPD is required as part of the Code of Conduct
- The objects of the LI state that ‘CPD is essential to the maintenance of a high standard of professional qualification and the promotion of the highest standard of professional service’
How does it benefit a practice?
1. Ensures Improved efficiency and consistency
- A well managedand up-to-date office is less likely to experience claims. A well educated office is more likely to be more innovative with the backup of technical know-how
What are the responsibilities / duties of a landscape architect?
- A skilled professional person (act in accordance of the C of C and give sound advice)
- A responsible agent
- An impartial professional (quasi-arbiter)
- Legal knowledge and compliance (ignorance is no excuse!)
Who do you owe those responsibilities to?
- A skilled professional person: your profession, colleagues, clients, other professionals and the public /end user
- A responsible agent – the client
- A impartial professional / quasi-arbitrator – to the parties of the contract that you are administering
- Legal knowledge and compliance – Code of Conduct
What are the main ways of setting up in private practice? What other ways exist?
- Sole Trader
- Partnerships – Limited and Unlimited
- Companies – Limited and Unlimited
- Other – Cooperatives, Consortium
What key factors do you need to consider when establishing a practice?
- Staff, practice management
- Overheads, start up costs, finances
- Clients
- Insurances
- Area of Practice & Viability
- Location
What alternative methods exist to appoint a landscape architect? – Briefly describe them.
LI’s Standard Form of Appointment – Landscape Consultants Appointment
- Standardised Format, familiar to all parties, roles are known
- Robust and proven
- Published and approved by the Landscape Institute
Other Standard Forms of Appointment
- JCLI Consultant And Contractor Appointment, JCT
- Has the same points as above, but not tailored to Landscape Architecture
Client’s Standard Form of Appointment
- Will cover the same points as above, but could be tailored to suit the client’s needs - Could Potentially increase the expected level of duty of care of the LandscapeArchitect
Exchange of Letters
- Much more informal, no standard format although the Code of Conduct does give an absolute minimum of required information
Under Seal
- As it is such a formal process, consideration is not always required for a valid contract
- Increases the liability time from 6 years to 12 years
- Used for very large engineering projects
How do you prepare a fee bid when competing against other practices?
Consider the following:
- The Project
a. Type
b. Value
c. Stages of work and services required.
d. Additional Services required (BIM)
e. Level of appointment (consultant or sub consultant)
f. Sub consultants required as part of your fee bid - The Landscape Architect’s Organisation
a. Overhead costs:premises, heat , light
b. Salary costs:pay, pensions
c. Finance costs:loans/interest payments/insurance
d. General office supplies
e. Profit margin - Can look to similar previous bids for a guide
Quite often briefs for fee tenders from private sector clients may have very little information. How might you ensure the potential client knows what is included in your tender?
Technical Submission
- Response to the brief
- Relevant Experience
- Proposed design team
- Proposed Methodology
- Scope of services
- Conditions of Appointment
Fee Proposal
- Usually as a lump sum (with payment stages)
- Breakdown of anticipated stages of work, time allocated and fees
- Programme
What are the main methods of confirming an appointment?
- Code of Conduct requires you to always confirm appointments in writing
- LI Standard Form of Contract – LCA
- Other Standard Forms of Contract e.g CIC consultants contract or JCLI homeowners consultancy agreement
- Client’s Standard Form of Contract
- Exchange of Letters
- Under Seal
