What must written terms of appointment cover? (Ethics 58a)
- Scope of the work
- Fees or any method of calculating fees
- Exclusions
- Allocation of responsibilities
- any limitation of responsibilities
- how billing will occur
How might you “win” a project?
- Word of mouth or referral
- Existing relationship
- Invited Tender (RFP)
- Open Tender (RFP)
- Design competition
- Online portfolio
What might you consider to establish project context?
Geotechnical report
Topographical survey, level survey
Existing underground services, structures
Climate
Heritage report
Asbestos report
Certificate of Title (any easements and covenants) - legal status
Request Land Information Memorandum from the Territorial Authority
District/ city / unitary plan rules applicable to the site
What are the main forms of agreement for services?
- NZIA AAS 2018
- NZIA AAS Short Form 2018
- NZIA Agreement for Architects Services Small Projects 2018
- CCCS - Conditions of Contract for Consultancy Services
- Kainga Ora and Ministry of Ed. have their own.
What triggers notified Resource Consent? (RMA 1991 Section 95A)
- Type of project (some project are always notified, e.g. if they significantly affect people and environment). If the effects are more than minor, e.g. Building a wind farm.
- If neighbours (affected people) refused to give written approval/give their consent to your project
- the application is for a resource consent for 1 or more activities, and any of those activities is subject to a rule or national environmental standard that requires public notification
- if the consent authority notifies the applicant under section 92(2)(b) that it wants to commission a report, but the applicant—
(a) does not respond before the deadline concerned; or
(b) refuses to agree to the commissioning of the report. - the applicant has requested that the application be publicly notified
- if the consent authority requests further information on the application under section 92(1), but the applicant—
(a) does not provide the information before the deadline concerned; or
(b) refuses to provide the information.
What are the classes of activities in RMA 1991 (Section 87A)?
- non complying activity (RC required, with conditions)
- discretionary activity (RC required, with conditions)
- restricted discretionary activity (RC required, with conditions)
- permitted activity (RC not required)
- controlled activity (RC required, with conditions)
- prohibited activity (the consent authority must not grant a consent for it)
What items should be included in LIM issued by the TA?
- identification of any special feature or characteristic of the land including, but not limited to, erosion, soil removal, falling debris, subsidence, slippage, liquefaction, siltation or flooding or the presence of contaminants known by the TA
• information on private and public stormwater drains
• information relating to any rates outstanding on the property
• information about any consent, certificate, notice, order or requisition affecting the land or any building on the land previously issued by the TA
• permitted land uses and any restrictions on that use
• information relating to any classification of the land by any statutory authority permitted to do so
• information on network utilities supplied to the TA
• any other information the TA believes relevant to the site.
What is PIM?
A Project Information Memorandum (PIM) contains information relevant to the proposed building work or project that is held by the TA. It may be applied for before the building consent (recommended), or the information can be supplied at the same time as a consent.
When would you use the NZIA Small Projects?
One-offs projects when fees are less than $5000
Bulk and Location, Masterplanning, Feasibility Studies, one off Concepts and Expert Witness engagement.
How might you calculate fees?
- Lump sum
- Time charge/hourly
- Percentage fee of construction budget
- Combination of the above
What is the CCCS?
Conditions of Contract for Consultancy Services
What five aspects are required for a contract to be valid under contract law?
- Offer A clear offer must be made by one party to another.
- Acceptance The offer must be accepted by one party. Acceptance must be explicit and direct.
- Consideration Each party must agree to provide something of value as part of the bargain. Consideration can be money, an act of service.
- Intention to create legal relations All parties must intend to enter into a legally binding agreement.
- Certainty the terms of the contract must be certain.
What course of actions should be taken before agreeing to providing services for a project that another registered architect may have previously provided services for?
Ask client’s permission to contact the other architect to discuss:
- If fees have been paid
- All copyright/ license issues have been resolved
- Contractual obligations have been satisfied
- Documents / perspectives / reports have been returned if required by agreement
If in doubt about your ethical position the only possible recommendation is DO NOT GET INVOLVED.
If client refuses then request a written confirmation from him that all legal and ethical issues have been resolved and there is no legal or moral impediment to a new commission or agreement
Ethically what do you need to do before starting work on a project?
- Ask client if any other registered architect has been previously involved in the project. Ask the client for permission to contact another architect, and if permission is not granted, obtain written confirmation from the client.
- Obtain written confirmation from the client that all fees have been paid and contractual issues have been resolved so that there are no obstacles to entering into a new contract and the client may legally use documentation prepared by another architect.
- Sign an agreement for services with the client. Don’t forget to check that you have all the insurance.
What are the purposes and principles of The Building Act?
This Act has the following purposes:
(a) to provide for the regulation of building work, the establishment of a licensing regime for building practitioners, and the setting of performance standards for buildings to ensure that—
(i) people who use buildings can do so safely and without endangering their health; and
(ii) buildings have attributes that contribute appropriately to the health, physical independence, and well-being of the people who use them; and
(iii) people who use a building can escape from the building if it is on fire; and
(iv) buildings are designed, constructed, and able to be used in ways that promote sustainable development:
(b) to promote the accountability of owners, designers, builders, and building consent authorities who have responsibilities for ensuring that building work complies with the building code.
What is ROM and at what design stage is it used?
Rough order of magnitude
- Cost estimate technique
- Used at early design stage (when no design has been done - little to no design info is available) typically pre-feasibility or conceptual stage
- Used to understand if a project is feasible / viable and if the scope is not yet fully defined
- Basis: historical data, industry benchmarks, or general rules of thumb (e.g., cost per square foot or unit)
- Accuracy: ±30% to ±50%, depending on the quality of data and assumptions.
What is Preliminary Estimate and what are the differences from ROM?
- Early stage Cost estimate technique
- Used at early design stage when some design work has been done, after some design details are provided
- Basis: early schematic design, rough quantities or parameters like square m or linear dimensions
- More accurate than ROM
- Accuracy: ±20% to ±30%, depending on the amount of information available
- ROM relies on assumptions and benchmarks. Preliminary estimates require early design inputs
What types of estimates exist for design and construction?
- Pre-concept/Feasibility: ROC or ROM (Rough Order of Cost Estimate or Rough Order of Magnitude) or Indicative estimate or Feasibility estimate
- Concept: Preliminary Estimate
- Developed/ Detailed design: Cost Plan
- Before tendering: Pre-tender estimate/Detailed estimate
- Tender and Procurement: Tender Price/Contract Sum
- Handover: Final Account
Provide an overview of Contingencies in estimate?
Due to unique challenges in New Zealand, such as earthquake-prone zones, geotechnical risks, and climate considerations, contingencies are a critical part of early estimates.
Contingency allowances are higher in early-stage estimates (e.g., 15%-20%) and decrease as design details become more refined.
What type of contract would you recommend to someone planning to build a house in NZ (without professional contract administration)?
If the homeowner is working with a Registered Master Builder or Certified Builder, using their standard contracts (Master Builders or Certified Builders contracts) is the simplest and safest option. If not, the NZS 3902 Residential Building Contract is a good alternative, especially for fixed-price arrangements.
The National Building Contract (NBC) is another viable option for individuals building a house in New Zealand without professional contract administration.
While it is user-friendly, homeowners without contract administration should still exercise caution to avoid misunderstandings about scope or costs.
It does not include guarantees like those offered with Master Builders or Certified Builders contracts (e.g., 10-year warranty schemes).
