1
Q
What are the rules governing a landscape architects’ work and copyright?
A
As per LCA
Protected under Copyright, Designs and Patents Act 1988. This restricts:
- Copying the whole or a substantial part of the work
- Issuing copies of the work to the public
Duration – until death of artist/author plus 70 years after
The client is entitled to the drawings prepared for his project on payment of the architect’s fees. If all copyright is assigned to the client he may make such use of it as he wishes (needs to be agreed in writing – assumed all copyright remains with artist/author not client).
‘The Client shall have a license to copy and use documents and drawings prepared by the Landscape Consultant in performing the Services under this Agreement. This entitlement applies to the construction, operation, maintenance, management, repair, promotion or sale of the Project provided that all the fees due to the Landscape Consultant have been paid.’
2
Q
What is the function of the European Landscape Convention?
A
- Part of the council of Europe’s work on natural and cultural heritage, spatial planning and the environment
- To promote the protection, management and planning of European landscapes and to organise European co-operation on landscape issues
- Progressive
- Trans-frontier cooperation
- Local expertise
- Everyday landscapes
- Importance of landscapes and their value on society – eg Durham Heritage Coast
3
Q
How would you set about formalising the relationship between client and landscape architect?
A
A written agreement is essential and must define and set out the services to be provided, the obligations of each party including terms and conditions, and set out the fee basis and method of payment.
Formalising the appointment in this way creates a clearly identifiable legal basis for the commission and establishes a sound business approach to the relationship between the architect and the employer.
Oral agreements- valid but do not comply with LI’s requirements under CoC.
4
Q
What liabilities are involved with an LLP? How does this differ from a partnership? What other kinds of liabilities does a LA have to consider?
A
LLP allows a collective limited liability alongside the mutual, cooperative characteristics of a partnership. / Partnership is more informal regarding structure, management and set up and full burden of debts and liabilities falls on members.
LLP is owned by the partners/members. / Partnership is also owned by the partners/members.
Under Limited Liability Act 2000 and it is set up based on registration at Companies House. / Partnership is under Partnership Act 1890 and it is set up based on Partnership Agreement (contract).
Every member is an agent of the LLP; a member is not liable in tort for any obligations incurred by the LLP (member is individually liable in tort for their own negligence); can only sue an LLP in contract. / In Partnership every member is individually liable; partnership can be sued jointed or individually; liable as a member of a partnership in both Contract & Tort. In contract jointly liable – will have to contribute if other partner/member owes money (even may come from private money or property)
5
Q
And what types of insurances do you need to take into account?
A
Professional Indemnity Insurance (PII) – cover against allegations of a breach of duty of care (negligence); compensates the claimant and protects the professional; works for 12-15 years after completion of the last project
Public liability (third party) Insurance
The Occupier’s Liability Act 1957 and common law cover duties owed by occupiers to visitors on their premises so property insurance (to protect your own property)
Motor Insurance
Building and office contents insurance – such cover may also be required by the tendering procedures of public business.; equipment (against theft and damage)
6
Q
What would you consider if you wanted to start your own practice?
A
- What kind of practice you intent to set up (sole trader/partnership/company) so LEGAL form and STRUCTURE
- The budget and shareholders if any
- Premises
- Insurance
7
Q
How should a landscape architect protect him/herself with regard to copyright?
A
- Check the conditions of appointment – client has a license to copy and use documents in performing the services – unless otherwise specified and once he/she has paid for LA’s services
- Adding a copyright symbol can remove any confusion
- Automatic protection – copyright: drawings, model – intellectual property
- Automatic protection – design right: shapes of objects
- Apply for: trademarks and patents
8
Q
What moral obligations do landscape architects have in their professional lives?
A
Code of Conduct
To protect, conserve and enhance the natural and built environment for the benefit of the public by promoting landscape architecture.
9
Q
How would you react if a client asked you to undertake a project, which was environmentally sensitive?
A
Standard 1.
As well as – you have responsibilities to the character and quality of the environment. You should seek to manage change in the landscape for the benefit of both this and future generations, and should seek to enhance the diversity of the natural environment, to enrich the human environment and to improve them both in a sustainable manner.
10
Q
What are the different ways that a landscape architect can practice?
A
A landscape architect can work at
- Landscape consultant’s- local or global
- Consultant architects office
- Consultants engineers office
- Main contractors, landscape contractors
- Property developers
- Public body, departments, council
11
Q
What is the difference between a director of a company and partner of a practice?
A
Director – only in Limited Liability Partnership or Company; not liable for company’s debts or torts (only their own); manages the company or partnership but does not own it; can be liable if also a shareholder; receives a salary.
Partner – owns part of it; liability limited to the value invested in the partnership (in limited partnership); full burden of debts and liabilities on members, partners (in Unlimited); administrative and managerial responsibilities; receives profit share or equal share; in contract jointly liable – will have to contribute if other partner/member owes money (in unlimited partnership)
12
Q
What is the difference between a co-operative and a consortium?
A
Consortium - a temporary alliance of two or more business firms in a common venture
Co-operative - a farm, business, or other organization, which is owned and run jointly by its members, who share the profits or benefits.
13
Q
How would a landscape architect charge for their service?
A
Method of payment is agreed at the start of the contract:
Percentage fee
Time charge fee
Lump sum
14
Q
What are the disadvantages of a time based charge?
A
From client’s point of view – open-ended method with uncertainty regarding his total financial commitment until the job is complete;
For LA – may seem LA has no incentive to work efficiently
Therefore, it is advisable to keep the client informed on the progress of time-charged work and to agree a figure, which is not to be exceeded.
15
Q
What do you think about competitive tendering of professional services?
A
Sometimes cost over quality, doesn’t guarantee the best approach unless well assessed.
16
Q
How do you work out fees on a time basis? How do you produce competitive prices?
A
Calculated in advance for individuals within the office or bands of staff; charge out rate depends on each individual’s wage plus overheads.
Often it is calculated at 2.5-3.0 x salary and should include a method of revisions to reflect subsequent changes in salaries and costs.
Secretarial and administrative work is not usually charged unless project specific work is necessary.
17
Q
What responsibilities does the landscape architect have to his client?
A
- Duty of care (Duty to make reasonable effort to produce the desired result. Duty of care in contract can be implied rather than expressly stated.)
- Responsibility to comply with CoC
- Landscape Consultant’s Authority (LI)
- The Landscape Consultant’s Representative (TLA)
- Duty to inform and collaborate (advise on changes to programme/information or decision required from the client/advise on appointment and liaising with other consultants)
- Duty to comply with statutory requirements (planning legislation, Health and Safety)
- Confidentiality and publicity
18
Q
What is the hierarchy of responsibility in a private practice and local authority?
A
PRIVATE - Directors/Partners - Managers - Professional staff of varying grades from senior to junior - Technicians - Administration PUBLIC - Senior Landscape Architects - Landscape architects - Technicians
19
Q
You find a commission covers work for which you are not qualified, how do you advise your client?
A
Advise the client so, as per Standard 6 of CoC: Landscape Professionals should only undertake professional work for which they are able to provide proper professional and technical competence and resources.
You wont be able to undertake work that does not fall within your expertise.
20
Q
Who is your duty to as a professional?
A
Society The Environment The client The Landscape Profession My own organisation and colleagues Contracting and other professional organisations
21
Q
How would you charge for a community consultation?
A
If costs associated with your involvement – then as expenses or included in the fee proposal.
If costs of the actual consultation – then disbursement (though it should be resisted by the LA to cover these as LA are not in the business of lending money and a lot of additional administration and risk is involved.)
22
Q
The removal of a well-loved public park could be the result of your clients brief for an extension to a residential development. What responsibility do you have as a landscape architects to the environment?
A
Standard 1.
As well as – you have responsibilities to the character and quality of the environment. You should seek to manage change in the landscape for the benefit of both this and future generations, and should seek to enhance the diversity of the natural environment, to enrich the human environment and to improve them both in a sustainable manner.
23
Q
List the Code of Conduct.
A
- LAs are expected to have regard to the interest of those who may be reasonably expected to use or enjoy the products of their work.
- The LI expects members to uphold the reputation and dignity of their profession and their professional organisation
- LI expects members to actively and positively promote the standards set out in this Code of Conduct.
- The Landscape Institute also expects members to actively and positively promote and further the aims and objectives of The Landscape Institute, as set down in its Charter, and to contribute to the work and activities of the Institute.
- The Landscape Institute expects members to act at all times with integrity and avoid any action or situations, which are inconsistent with their professional obligations.
- Landscape Professionals should only undertake professional work for which they are able to provide proper professional and technical competence and resources
- The Landscape Institute expects members to maintain their professional competence in areas relevant to their professional work and to provide educational and training support to less experienced members or students of the profession over whom they have a professional or employment responsibility
- The Landscape Institute expects members to organise and manage their professional work responsibly and with integrity and with regard to the interests of their clients.
- The LI expects members to carry out their professional work with care, conscientiously and with proper regard to relevant technical and professional standards
- Members of the LI should only promote their professional services in truthful and responsible manner and such promotion shall not be an attempt to subvert professional work from another member
- The LI required member to ensure that their personal and professional finances are managed prudently and to preserve the security of monies entrusted to their care in the course of practice or business
- The LI expects members to have adequate and appropriate Professional Indemnity Insurance
- The LI expects that any complaints concerning the professional work of individual members or their practice should be dealt with promptly and appropriately
24
Q
Why have a Code of Conduct?
A
- To protect interests of the clients of the profession
- To maintain the status of the profession in the eyes of society
- To protect the public and the profession
25
How is the arrangement between client and Landscape Architect confirmed/formalised?
A written agreement is essential and must define and set out the services to be provided, the obligations of each party including terms and conditions, and set out the fee basis and method of payment.
Formalising the appointment in this way creates a clearly identifiable legal basis for the commission and establishes a sound business approach to the relationship between the architect and the employer.
Oral agreements- valid but do not comply with LI’s requirements under CoC.
26
What are the disadvantages of a percentage based fee to the landscape consultant and to the client?
Vulnerable to market forces and their influence on contactors’ tendering; if tender figure is lower than estimate the consultant loses out.
No flexibility and if the LA budgets incorrectly then he loses money.
27
What is a professional?
```
A professional person is one who offers competence and integrity of service based upon a skilled intellectual technique and an agreed code of conduct.
Demonstrates:
- Qualification
- Skills
- Ethics
```
28
What are the objectives of the Landscape Institute?
To protect, conserve and enhance the natural and built environment for the benefit of the public.
29
How can you make sure you are paid as a consultant?
Encourage regular payment (preferably monthly) by suggesting that the client pays according to a plan of programmed instalments. The LI recommends using LCA’s Schedule of Fees and Expenses, which are associated with scope of services.
30
What is novation?
Novation agreements are used to transfer the rights and obligations of one party under a contract to another party, whilst the other contracting party remains the same (Design & Build for example).
31
What is a Collateral Warranty?
- Legal agreement which stands alongside main agreement between client and landscape architect
- Forms a legal responsibility to the client and funder / tenant / purchaser (third party)
- It must be no more or no less onerous for the designer than that which exists between designer and client
32
How would you deal with non-payment of fees?
The simplest approach is to be clear as to your terms and agree them in writing. Standard 8 of CoC – ‘terms and contract to be in writing’. If contract is breached (unpaid fees) then LA can seek remedy through the courts or mediation:
- Arbitration
- Adjudication
- Mediation
- Litigation
33
What are the main methods of confirming an appointment?
- LI LCA Memorandum of Agreement (Standard)
- CIC Cons/Con (Standard) for experienced parties working on major projects
- JCLI Consultancy Agreement for a Home Owner / Occupier (Standard); not to be used if consultant does not deal directly with contractor
- Clients Standard Appointment Document (Non-Standard)
- Exchange of Letters (Non-Standard)
- Under Seal (Deed) (Non-Standard)
34
How is the Landscape Consultants appointment set out?
1. Conditions of Appointment – obligations of each party, allocation and limitation of responsibilities, method of fee calculation, payment provisions, termination (7 days notice), dispute resolution
2. Memorandum of Agreement – names and addresses of the parties, the agreement, signatures and witnesses
3. Scopes of Services – aligns with RIBA Plan of Works – see notes – fully editable to suit
4. Schedules of Fees and Expenses associated with the Scopes of Services - method of calculating and charging fees and expenses, setting out the stages of payment (monthly or stage), alternative methods of charging expenses and disbursements
35
What factors should be considered before accepting an appointment?
- The client
- Conflicts
- Competence
- Resources and Finance Commitments
- Legal and Insurance Considerations
36
How would you charge for expenses when preparing a fee quotation?
Expenses are included in the schedule of fees and expenses (LCA) but are separate from fees. LA has to clearly state in their fee bid the chosen method of calculating and charging fees and expenses, and the way of payment (monthly or stage), as well as alternative methods of charging expenses and disbursements; a time-charge schedule is included for different grades of staff; in LCA this is reinforced by the conditions of Appointment, Clause 4 – Fees and Expenses, to which both parties agree
37
How is landscape architect obliged to conduct his business?
Standard 8: The LI expects members to organise and manage their professional work responsibly and with integrity and with regards to the interests of their clients.
You should not undertake professional work unless terms of the contract have been recorded in writing as to
- the scope of the work
- the allocation of responsibilities
- any limitation of responsibilities
- the fee or method of calculating it
- any provisions for termination
- any special provisions for dispute resolution
You should ensure that any changes to the fee arrangements are similarly recorded in writing.
You should ensure that you have appropriate and effective internal procedures, including monitoring and review procedures, and sufficient suitably qualified and supervised staff to enable you to function efficiently.
You should have arrangements in place for the conduct of your business in the event of your death, incapacity or other absence from work.
38
If you were approached to undertake a large engineering commission, what would you do?
Ask for more details and advise the client on the typical scope of works of Landscape Architect in relation to the specific project. Verify the requirements and if incompetent then do not undertake (Standard 6).
Advice to seek other consultants to built a design team. Understand client’s aspirations and requirements. Clearly set out your understanding of the requirements of the project, what you will be undertaking as part of the submission, methodology, and the terms and conditions of your appointment if successful, to avoid misunderstandings.
39
How would you ensure your office procedures are to a quality standard?
Review the office procedures manual yearly or monthly against Quality management systems ISO 9000, which provides a framework around which a quality management system can effectively be implemented.
Internal audits as well as third-party assessments using the criteria of BS EN ISO 9000 against the office quality manual, enable a firm to assess whether its business-plan objectives are being achieved.
40
What are the services that a LA offers to his client?
The services of design, construction and management (main topics) have been expanded to allow for flexibility in procurement type. This enables the landscape consultant to be responsible for either design through to contract administration, or design through to non-administrative post contract services on Design and Build projects. The scope aligns with RIBA Plan of Work 2013, which is based on a set of unified industry stages agreed through the Construction Industry Council (CIC).
S1: Landscape Design and Administrative/Post-Contract Services
S2: Masterplanning Services
S3: Landscape and Visual Impact Assessment Services
S4: Landscape Planning Services
S5: Landscape Management Plan Services
S6: Stakeholder Engagement Services
S7: Landscape Maintenance Design and Contract Administration services
S8: Other Services (for where the above Scopes are not applicable to the service being offered by the landscape consultant)
41
How do you calculate professional fees?
- Percentage fees – a percentage of the total construction cost – calculated by applying either THE SPECIFIED PERCENTAGE TO THE FINAL CONSTRUCTION COST or THE RELEVANT SPECIFIED PERCENTAGE FOR EACH WORK STAGE TO THE CONSTRUCTION COST AT THE END OF THE PREVIOUS STAGE
- Time charge (some KXC, extra work on Project Mural)– hourly rates are calculated in advance for individuals within the office or bands of staff (TLA); calculated 2.5 – 3.0xsalary and should include a method of revision to reflect subsequent changes in salaries and costs
- Lump sum (Project Mural)– fees calculated on the basis of a total sum of money for a clearly defined package of services and payable in agreed stages – lump-sum fees are applied at agreed payment intervals and at agreed proportions;
time charge are often converted to lump sums when the project becomes sufficiently defined;
percentage fees may similarly be converted to lump sums when a firm budget or contract sum is known.
42
What ethics should LAs abide by?
Ethics ensure professional will always do the best for their client and recognise and respect the wider public interest.
Ethical standards provide confidence to the public and others about the reliability and high standards they can expect when using the services of a professional.
When undertaking work a landscape architect should always have the standards of the Code at heart (13, grouped under 3 categories – attitude, competence and professional relationships).
43
What are the main ways in setting up in practice?
Sole trader/practitioner
Setting up a partnership (either limited or unlimited) with minimum one more person
Setting up a Company and registering it in Company’s House
44
How would you prepare a fee bid when you know that you are competing against other practices?
Competitive fee tendering, so information needed from the consultant by the client includes and should form part of your fee bid:
- Previous experience in work of the same nature and scale
- Their capacity to take on the work (current projects)
- Staffing – their professionals have the required skills and qualities to undertake the work (key staff CVs)
- Staff are available to be committed to the project and the necessary resources are in place to support the professional staff (staff deployment)
- Knowledge as to how to undertake the type of work (methodology)
- Knowledge of the site (response to the brief)
- Ability to undertake the work in a cost-effective manner (approach to cost-effectiveness)
- Quality management system
- Financial standing (three year’ accounts)
- Health and Safety procedures
Then information needed by landscape consultant from the client includes:
- Size and likely value of the project
- Nature of the work (hard or soft landscape)
- Level of Appointment (sub-consultants or main consultant)
- The client and other consultants
- Stages and requirements of the selection process
- Criteria for selection
- Success rate
Following receiving all the necessary information a fee bid may be prepared. If non-standard brief then fee bid may be more detailed with schematic designs etc and fee proposal:
- usually as a lump sum (with payment stages)
- breakdown of anticipated stages of work, time allocated and fees
- programme
45
Would you work for an unscrupulous client?
No but to ensure fairness, there may be a need for extensive enquiries into their financial standing and integrity.
The landscape architect must ensure that the client is made aware of any restrictions placed by the professional codes, including their position in relation to previous landscape consultants that may have been appointed by the client for the same project.
46
How would you calculate fees on a time basis?
Hourly rates per staff (plus profit) depend on each individual’s wage plus overheads divided by no of hours available for work per year minus holidays.
Fee= hours required on project x hourly rate x grade of staff
Often it is 2.5 -3.0xsalary and should include a method of revision to reflect subsequent changes. When the project becomes sufficiently defined the time charge can be turned into a lump sum.
47
How would you charge for mileage?
Included in expenses (travelling charges), expenses charged as per contract, included in the schedule of fees and expenses and paid monthly or per stage (all part of contract).
48
Are you involved in preparing LVIA fee proposals? How do you do it?
No, but you can use Landscape Consultant’s Appointment: Schedule of fees and expenses for S3: Landscape and Visual Impact Assessment Services.
The stages are split differently, as per below:
S3-A – Scope of Services
S3-B – Baseline Studies
S3-C – Identification of Impacts
S3-D – Assessment of Effects
S3-E – Mitigation
S3-F – Stakeholder Engagement
S3-G – Presentation of Findings
S3-H – Additional or Amended Services
Each stage can be calculated on time/lump/percentage fee basis and paid monthly or after each stage.
49
How would you prepare a fee proposal for a LVIA Work? And what charge basis was this?
I would use Landscape Consultant’s Appointment for S3: Landscape and Visual Impact Assessment and depending on how defined the project is and its time scale, I would apply either time charge or lump sum – more likely lump sum or initially a time charge that will be converted into a lump sum once project more defined
50
What would you include in a fee proposal?
If non standard brief:
Technical submissions:
- Response to the brief
- Relevant experience (project lists and illustrations of past projects)
- Proposed design team – key staff (CVs), resources and deployment
- Proposed methodology and possibly schematic design showing initial design approach
- Scope of services
- Conditions of appointment
Fee Proposal
- Usually as lump sum (with payment stages)
- Breakdown of anticipated stages of work, time allocated and fees
- Programme
Terms and conditions of contract and form of agreement
51
What other types of charging basis are there?
Percentage fee
Time charge
Lump sum
Pro bono
52
If a client did not wish to use a Memorandum of Agreement and drew up another contract, would you accept this?
Any client standard form must be reviewed carefully with appropriate advice from the landscape architect’s professional indemnity insurers and legal advisers. Common areas of change or additions include:
- Standard of care expected in the performance of services – ‘reasonable skill and care’; any higher standards of services should be avoided as may not be covered by your professional indemnity insurance cover
- Provision of guarantees or indemnities – not covered by your PII
- Inclusion of services that do not fall within the LA’s expertise, eg engineering
Also ensure minimum relevant information is included:
- Parties
- Clients representative
- Project Description and Location
- Scope of Services / Exclusions
- Conditions of Appointment
- Fees and Expenses
- Other Consultants
- Dispute Resolution
- Provision for Termination
53
Why do you think CPD is important?
- Objects of the LI – CPD is essential to the maintenance of a high standard of professional qualification s the promotion of the highest standard of professional service
- CPD ensures improved efficiency and consistency. Good management practices reduce unproductive time, which means greater gains in revenue. Getting things right first time
- A well managed and up to date office is less likely to experience claims
- A well educated office is likely to be more innovative with the back up technical know how
- Time dedicated to staff education means greater commitment to your practice and less turn over in staff
54
What is the difference between sub consultants and consultants?
Consultants are appointed by the main client and lead the design development together with other design consultants. Sub-consultants are hired or specified to be hired by consultants for a specific type of work or assessment required, may be specific to project – irrigation consultant, highways engineer, arboriculturist etc.
55
Quite often brief for fee tenders may have very little information, how might you ensure that a potential client knows what is included within your tender?
Fee submission is made in the form of a report and contain:
-Technical submission – response to the brief; relevant experience; proposed design team; proposed methodology; scope of services; conditions of appointment
-Fee proposal – usually a lump sum (with payment stages); breakdown of anticipated stages of work, time allocated and fees; programme
-Terms and conditions of contract and form of agreement
You base your response on the information that is issued by the client and set out the method for calculating fees used in your tender (methodology) and the terms and conditions of your appointment.
56
Compare and contrast two forms of practice for a Landscape Architect.
Unlimited Liability Partnership – owned completely by its members/partners; partners fully liable for the debts and liabilities; partners take on the administrative and managerial roles as well as obligations are split among the partners; liable in contract and tort; in contract jointly liable – will have to contribute if one partner owes money; partnership agreement define profit share or equal share if left to Act; not a separate legal body so an contract is signed directly with individual partners.
Limited Liability Company – owned by members or shareholders and managed by directors; directors in members only liable for their own torts unless also shareholders in which case liable limited to the amount invested in the company; internal managerial/management/structure/administrative responsibilities will be set out in shareholders agreement; a separate legal body that can be sued; set our based on registration at Companies House;
Try others, like Sole Trader, Limited Liability Partnership, Unlimited Liability Partnership, Limited/Unlimited Company, Public
57
What are the obligations of a Landscape Architect – what makes you a different from a shopkeeper for example?
- Duty of care
- Code of Standards of Conduct and Practice for Landscape Professionals
- Landscape consultant’s authority
- Duty to inform and collaborate (advise on changes to programme/information or decision required from the client/advise on appointment and liaising with other consultants)
- Duty to comply with statutory requirements
- Confidentiality and publicity
58
How can you enforce a payment of fees from a client?
Include it in the contract (requirement anyway), include the method and time (monthly/per stage) and if no payment made then can seek remedy through arbitration, adjudication, mediation, Litigation or Statutory Demand. If Landscape Consultant’s Appointment not used then ensure conditions of appointment – payment is included in your contract (terms on Payment notices, Payment of notified sum, Pay Less Notice, Final Account, Late payment).
59
Why is CPD important, particularly to the LI? What might happen if you don’t do it?
- Objects of the LI – CPD is essential to the maintenance of a high standard of professional qualifications and the promotion of the highest standard of professional service
- CPD ensures improved efficiency and consistency. Good management practices reduce unproductive time, which means greater gains in revenue. Getting things right first time
- A well-managed and up to date office is less likely to experience claims
- A well educated office is likely to be more innovative with the back up technical know how
- Time dedicated to staff education means greater commitment to your practice and less turn over in staff
60
Describe the effect on liability in engaging consultants.
When signing a contract, a legal advisor from both sides should be involved – in the preparation of the contract as well as it checking.
Defined by contract/appointment
The Supply of Goods and Services Act 1982 – in contract to supply services (architect for an employer) there is an implied term that the architect will carry out the services with reasonable care and skill
Employer not liable for the torts of an independent contractor. An employee (servant) is always liable for his own torts, his employer (client) is also jointly and severally liable if the tort is committed in the course of his employment.
61
How does being a professional affect the public enjoyment of your designs? Is the charter a part of this?
Yes, Standard 1 (professional attitude) of the Landscape professionals Code of Conduct states all members carrying out professional work need to have regard to the interests of those who may be reasonably expected to use or enjoy the product of their works.
As a landscape professional you have responsibilities to the character and quality of the environment and should seek to manage change in the landscape for the benefit of both this and future generations, and should seek to enhance the diversity of the natural and human environment in a sustainable way.
62
Is there anything in the code that constraints the work that you do?
Standard 10: Members of the LI should only promote their professional services in a truthful and responsible manner and such promotion shall not be an attempt to subvert professional work from another member.
Standard 6: Landscape Professionals should only undertake professional work from which they are able to provide proper professional and technical competence, and resources.
Standard 5: The LI expects members to act at all times with integrity and avoid any action or situations, which are inconsistent with their professional obligations.
63
What is the point of Royal Charter? Why do we bother getting chartered status as individual and as a professional?
Royal Charter has been granted to the LI in 1997. It is a formal document issued by a monarch and it gives authority and power to the LI and its chartered members among other professional and in dealings with their clients and governmental decisions.
64
Do you think there is an advantage in employing a professionally qualified Landscape Architect?
Yes, because he/she is governed by the code of conduct and professional obligations so the client is sure to receive the highest quality of standard, otherwise the LA can be easily sued. They are under obligation of 25 hours of CPD and they are expected to have adequate insurance in place so to be completely covered.
65
Why is the Royal Charter important to us?
It gives authority and power to LI and its chartered Members. It proves to clients that the professional that they employ is governed by its organisation CoC and professional obligations and legislations.
66
You are part of a multidisciplinary team on a project requiring planning permission. What are the factors you have to take into account regarding your appointment? What if you are the main consultant or if you are a sub consultant?
The scope of services has to be clearly defined
Regular DTMs, programme and involvement in meeting clearly specified by PM
If main consultant - then need to ensure all reports are prepared and information from other consultants or sub-consultants requested; attend meetings as requested by client or as organised
If sub-consultant – then need to assists the main consultant on any information they request from you and attend meetings if requested by main consultant or directly by the client; contract with main consultant but based on the main contract
67
Explain about consultancy agreements. Define key issues involved. What is the most significant issue?
Before signing the agreement:
- Ensure client is able to pay; check clients financial standing and integrity
- Check terms and conditions of the agreement don’t conflict with the landscape architect’s Code of Conduct
- Competence – ensure you are competent or your practice has competent staff to undertake work in the agreement
- Resources and finance commitments – Standard 6 – and Standard 11 – LAs are required to manage their finances properly
- Legal and insurance considerations – if the client requires the consultant to enter Collateral Warranties, will potential liabilities be covered by the practice’s professional indemnity insurance cover?
68
If you want to set up in practice, what type of practice would you choose?
I would probably set up a limited liability partnership (wouldn’t want to manage a big company).
69
Why do we have the LI?
LI is there to provide its members with Code of Conduct and for members to have a platform from which they can seek advice, provide feedback to, attend CPDs and have a say in the future of landscape architecture on a global scale – influence the decisions of the boards.
Its objects are:
To protect, conserve and enhance the natural and built environment for the benefit of the public by promoting the arts and sciences of landscape architecture.
70
QA procedure (ISO 9000) – what are they and why are they of use to landscape architects?
The procedures manual allows the management to communicate to all members of staff the principles behind the running of the practice. The manual is used to introduce new staff to the practice.
ISO 9000 is an international quality standard developed to provide a framework around which a quality management system can effectively be implemented.
Quality Assurance - ISO 9001 specifies requirements for effective quality management in a company.
Procedures manual – with regard to ISO 9000:2000 sets down the organisations profile and both overall policies and detailed requirements relating to the firms management systems and responsibilities, documentation, resource management, service realisation and measurement, analysis and improvement. It must clearly document how the organisation works.
71
What’s the difference between a sole practitioner, limited company and partnership?
The main difference between the three is how liability works (sole practitioner – fully liable, limited company – limited liability and partnership can be either). The number and role of members, directors, partners; taxation level; profits and sharing of profits; source of finance; management more complex for company and partnership because more people involved; legal status – separate legal bodies and how that relates to employees.
72
What factors should the client be considering when deciding on the best procurement strategy?
Cost certainty – more easily achieved if design is complete prior to construction
Risk – chosen strategy must balance the risk against project objectives (time, cost or quality)
Project characteristics – size, complexity, location, uniqueness
External factors – economic, commercial, political, market place, legislation
Client – resources, experience, risk aversion; public or private will affect the strategy
Time – I early completion is required then design and construction can be overlapped
73
Your firm is tendering for a job where you do not have all the necessary expertise. How do you go about getting the job?
As previous experience in the work of the same nature and scale is something that the client is looking for in the submission, the LA may have to focus on other projects that of similar nature and scale and explain in their submission how it is related.
74
What if you have a dodgy client? Where would you take guidance?
You would seek advice from your legal advisor and research other consultants that have worked with that client to seek further understanding of their standing, and if negative then better do not engage. (standard 5).
75
How does the CoC affect a landscape architect’s private life?
When undertaking work a landscape architect should always have the standards of the Code of Conduct at heart.
Standard 5: You should, when finding that your personal or professional interests conflict with those of the client or of other relevant parties, inform all parties and either withdraw from the situation, remove the source of conflict, or obtain the agreement of the parties concerned to the continuance of the engagement.
76
Can one person be a landscape architect and landscape contractor?
Yes, you can conduct a Design Build Practice as a CMLI. This is made clear at first appointment or rather prior to appointment at the tender stage. And a landscape practice can work for Design Build Contractor. A landscape practice may also be novated to a Design Build Contractor having initially design a project for the developer.
77
What are the difficulties with sub consultant’s agreements?
If the sub-consultants does not have a direct contract with client but through the landscape architects (‘back-to-back’ arrangement) then in the case of a dispute or breach of contract the client will seek redress from the landscape architect, regardless of which consultant has failed to perform, as he only has a contract with the landscape architect. The landscape architect will then need to subsequently pursue the negligent sub-consultant.
If the client appoints all consultants then in the case of dispute will seek redress from the relevant consultant who has failed to perform.
78
Explain the benefits of QA system.
- Enhanced credibility – internationally recognised benchmark reassures clients and places landscape architects on the same level as other disciplines
- Improved efficiency and consistency – Getting things right first time – good management practices reduce unproductive time, which means greater gains in revenue.
- Wider marketing opportunities – many client bodies are making certification a prerequisite when drawing up tender lists. The number and types of clients may increase.
79
Tell me about Chartership?
Chartered membership of the Landscape Institute is the mark of quality and excellence for the profession. It communicates to employers and clients that they can expect the highest standards of professional knowledge and quality of service.
Being Chartered is a commitment to continuing your professional development, keeping you at the top of your profession. It is a public and professional declaration that you follow a Code of Professional Conduct. In developing world, professional ethics and judgement are highly valued.
80
What are your duties as an employer? How would HASAW affect you as an employer?
Employer’s duties include:
- Providing a safe and suitable working environment
- Itemised pay slip
- Holiday
- Family friendly leave
- Pension
- Sick pay
- Working time regulations
- Flexible working
- Data protection
- Freedom of information
- Correct disciplinary procedures & warnings – unfair dismissal
- Under the Employer’s Liability (Compulsory Insurance) Act 1969: All employers in the UK are required to take out specific insurance to meet their obligations for liability against bodily injury or disease sustained by employers and arising out of and in the course of their employment. (this includes work abroad for a continuous period of 14 days)
Under Health and Safety at Work Act 1974 – general duty on employer’s ‘so far as is reasonably practicable’ to protect the health, safety and welfare at work of all employees; must provide safe systems of works, safe methods for the use, handling, storage and transport of articles and substances, necessary information, instruction, training and supervision, a safe and well-maintained workplace, including safe access and egress and a safe working environment with adequate welfare facilities.
Equal Opportunities Policy should also be in place. Relevant training in respect to the policy should be provided to managers and employers.
81
How would a sole trader’s PII differ from a limited company or partnership?
Liability would fall on those who were responsible for the decisions that led to the exposure. For this reason those who are involved in giving professional advice should have PII (or their employer buys it for them) and those who are Directors or Officers of a company should have Directors and Officers Insurance to cover their acts/omissions. If a landscape practitioner performs both roles then they would need both these types of insurance. Depending on the employment contract a practitioner may or may not need to arrange their own insurances. When setting up your own company clarify with insurers that the PII related to both to the company and to you personally.
82
What insurances do you need when setting up practice?
- Professional indemnity insurance
- Public liability insurance (for damages to property and people)
- Equipment (against damage and theft)
- Vehicle insurance
- Property insurance (to protect your own property)
if the practice rows:
- Employer’s liability insurance
83
How do you internally promote landscape architecture services to colleagues?
Through CPD presentations; through conversations with colleagues on current affairs associated with the landscape profession; BIM in my office
84
Who benefits from the code of conduct?
The CoC is devised to protect the interests of the clients of the profession, to maintain the status of the profession in the eyes of society, and to protect the public and the profession.
You & other LAs – as a landscape professional are protected by the CoC – Standard 7 (by CPD you ensure you are aware of all the latest landscape affairs and are less likely to experience claims); Standard 9 (carrying work with care and proper regard to technical and professional standards); Standard 10 (promoting services truthfully and not advert work from others); Standard 11 (finance management); Standard 12 (professional indemnity insurance); Standard 13 (dealing with complains)
Client – Standard 1 (ensure work of high standard); Standard 2; Standards 5 (confidentiality of clients); Standard 6 (Las competence is ensured); Standard 8 (manage work with integrity and regard to the interests of their clients); Standard 10 (promoting services truthfully and not advert work from others); Standard 11 (finance management); Standard 12 (professional indemnity insurance)
Environment, End users – Standard 1 (LAs responsibilities to the character and quality of the environment); Standard 5 (LAs need to act with integrity; not discriminate); Standard 13 (dealing with complains)
Landscape Institute – Standard 2 (members need to uphold the reputation and dignity of their professional status); Standard 3 (promoting the standards of CoC); Standard 4 (promoting the aims and objectives of the LI);
85
What does it mean to be a professional?
Demonstrating:
- Qualification
- Skills
- Ethics
86
Why do you want to be a professional?
Opportunity to be able to work as freelance.
Proves to clients/ensures the client of your level of skill, qualification and competence.
Relationship with clients formed on trust and ethics.
Being member of professional institute that protects the status of its membership and governs its members (providing Code of conduct).
87
What kind of company do you work for?
LLC – Limited Liability Company
So:
- There is a director who is also the shareholder. He is only liable to the value of his shares.
- Overall taxation is lower than for LLP
- Conflict resolution is easier than for LLP
- Companies Act 2006 and set up based on registration at Companies House
- Owned by members or shareholders but managed by director
- Company is a legal ‘person’ – distinct and separate legal body from its members
- Internal management/structure/administrative responsibilities will be set out in shareholders agreement
- Shareholders receive shares of company profits in the form of dividends/payments. Directors and employees – salaries
- Pays Corporation Tax on all profits
- Audit: accounts audited and recorded (filled) at Companies House
88
What does PLC mean?
Private or Public limited company.
So for public:
- Duties are carried out via delegated decision making powers
- Professional working in local government must comply with code of their profession and the procedural rules of local authority
- A senior landscape architect is liable only for the actions related to his/her profession or any delegated authority he/she may have – not for the Local Authority as a whole
- Finance- mainly funds from Government; other sources may include: revenue support (85% of their net revenue funded by Government, remainder funded from local taxation), capital support (capital income made up mostly from the sale of assets such as land, buidlings, equipment – schools, new houses, machinery), other (Council tax, local authority investments)
89
How would you ensure your practice, knowledge, skills and techniques are up-to-date?
- produce a plan for personal professional development
- identify personal strengths, abilities and areas for development
- identify leaning opportunities to meet current needs and expected future professional requirements
90
What are the implications on liability for different types of practice formation?
Sole practitioner – full liability on the practitioner, wholly liable for any debts;
Limited Liability Partnership – separate legal body; members not liable for the torts or obligations incurred by the LLP, other than in tort for their own negligence; only possible to suit LLP in contract and not the member; member is liable for the debts of the LLP in the event of it being wound up to the amount which he has contributed to the LLP as capital;
Unlimited Liability Partnership – all partners bound by each others actions; acts of professional negligence and negligent statements are regarded as being committed by all in partnership as per Partnership act 1890; can be sued jointed or individually; liable as a member of a partnership in both contract and tort; in contract jointly liable – will have to contribute if other partner/member owes money (even may come form private money or property); full burden of debts and liabilities on members; not a separate legal entity – when a third party enters into an agreement with the partnership, it is with the partners themselves;
Limited Liability Company – a separate legal body; shareholders only liable for the debts of the company to the amount unpaid by their shares and in tort for their own negligence; directors not liable for company’s debts or torts (only their own) (can also be shareholders in which case liable as shareholders); an employee may be sued personally in negligence – not preferred as no PII cover used otherwise
Unlimited Liability Company – shareholder fully liable for torts and obligations only on the winding up of the company, otherwise it rests with the company itself;
Local Authority – the local authority will be held liable for the act of an employee if the act was committed by a ‘servant’ engaged in the work of the authority, authority cannot be sued if the officer acted outwith the scope of his/her authority; both the authority and the officer may be sued for damages if an officer is negligent and loss is suffered due to faulty advice; professionals are not liable for financial or civil torts of the local authority that are outside their delegated duties
91
How would a sole principal limit liability?
They could start a limited liability partnership – in which case minimum 2 members are required; or start a Limited Company (a shareholder and director – can be one person);
92
What insurances does an architect I consultancy practice as sole trader require?
- Professional indemnity insurance
- Public liability insurance (for damages to property and people)
- Equipment (against damage and theft)
- Vehicle insurance
- Property insurance (to protect your own property)
if the practice rows:
- Employer’s liability insurance
93
When writing fee proposals what do you consider?
You need to consider:
- size and likely value of the project
- Nature of the work (hard or soft)
- Level of appointment (sub-consultant or main consultant)
- The client and other consultants
- Stages and requirements at each stage
- Selection criteria
94
How do you calculate hourly rates?
Hourly rates for each staff are calculated by adding overheads and salary and dividing it by working days of the year and then adding profit (the only flexible aspect).
Fee is then calculated by hours required on the project x hourly rate x grade of staff.
95
What are the disadvantages of lump sum charging?
Disadvantage of lump sum is that something may go wrong and landscape architect/practice lose money without justification for the revisions of the sum, unless variations have been agreed with the client beforehand.
96
When may you use time charging?
Time charge may be used when exact scope of works is not yet defined (scope of work cannot reasonably be foreseen), or the time scale of the project and programme is not decided yet; cannot form part of overall construction cost.
Also, it can be used on extra things required by the client – evaluate options of alternative design to enable the QS to cost the scheme on which the client would lose least amount of money (Project Mural); protracted planning negotiations.
97
How would you quote for work you hadn’t done before?
You will charge higher because you may have to hire sub-cosultants or train staff. You would review the brief and if it doesn’t fall within your competence you would go for it, as per Standard 6.
98
Tell me about QA system at your office.
The procedures manual allows the management to communicate to all members of staff the principles behind the running of the practice. The manual is used to introduce new staff to the practice.
ISO 9000 is an international quality standard developed to provide a framework around which a quality management system can effectively be implemented.
Quality Assurance - ISO 9001 specifies requirements for effective quality management in a company.
Procedures manual – with regard to ISO 9000:2000 sets down the organisations profile and both overall policies and detailed requirements relating to the firms management systems and responsibilities, documentation, resource management, service realisation and measurement, analysis and improvement. It must clearly document how the organisation works.
In TLA – quality procedures manual is used, including the production of a quality policy that outlines the ethics, aspirations and conduct of how the business will operate. The manual covers all aspects of the running of an office to meet the standard including design, contract administration, finance, marketing, HR and administration.
Additional things included in the quality procedures manual are:
- Document control and records
- Client requirements and satisfaction
- Measurement and Improvement
- Management Review
- Design Control – review with principal
- Project Control – sending site photos to team
- Purchasing – recording expenses and timesheet
- Process Control
- Internal Audit
- Control of Non-Conformities
- Corrective and Preventive Action
99
What would you include in a fee proposal?
If non-standard form used:
- Technical submission – response to brief; relevant experience; proposed design team; proposed methodology and possibly schematic design showing initial design approach; scope of services; conditions of appointment
- Fee proposal – Lump sum (with payment stages); Breakdown of anticipated work stages, time allocated and fees; programme
- Terms and conditions of contract and form of agreement
100
What would you include as expenses / exclude from the fee proposal? Why?
Include: printing including any reproduction or purchase of documents, drawings, maps, models etc required in communication with client, contractor, sub contractors, suppliers; postage, telephone costs; travel expenses, accommodation, mileage allowance; expenses with appointing and interviewing staff for project (but excluded if interviewing and appointing staff for practice, in general); rental and hire of equipment if agreed with client beforehand; management charges
Disbursements are not included in the fee because they are directly paid by the Client.
101
What surveys might you need to do before beginning design work on a site?
Existing buildings survey, Topographical survey, Tree survey, Ecological survey, Archaeological survey, Flood risk, Historic survey, Boundary survey, Structural survey, Local climate
102
How much PII does your company have?
10,000,000.000
103
What are the differences in liability between a partner or principal in private practice and a senior landscape architect in a local authority?
Depending on the form of practice, a partner or principal in private practice may have legal responsibility for the actions and debts of the practice as a business in addition to responsibility as landscape professional, whereas a senior landscape architect in a local authority is liable only for the actions related to his or her profession and any delegated authority they may have, not for the local authority as a whole.
P2C Section 1 & 2
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