Duty and Ethics in Architecture

Duty and Ethics in Architecture

• Architects have a responsibility to ensure designs function in practice and address any emerging errors during construction.
• Regular inspections of construction are vital to confirm adherence to the original design and contractual obligations.
• When new design deficiencies arise, especially with untested methods, architects must amend designs and inform clients about associated risks, requiring client consultation for significant changes.

Public Liability Insurance

• Public Liability Insurance protects architects from liabilities related to third-party injuries or damages linked to business activities but excludes professional activities such as errors in design (covered under Professional Indemnity Insurance).
• Covers accidental bodily injury and property damage due to business operations; excludes incidents like employee injuries or motor vehicle claims.
• Specific exclusions include claims from dishonest acts, breaches of copyright (unless inadvertent), and punitive damages.

Contracts and Liability

• Clauses in contracts may exclude client indemnification and proportionate liability.
• Ensure comprehensive liability coverage between practice and subconsultants to avoid gaps.
• Warranties may not invalidate insurance, although insurers are not obligated to cover claims arising from these warranties.

Professional Ethics in Architecture

• Common issues leading to client complaints include poor communication, unmet expectations, and inadequate technical performance.
• Architects should manage client expectations and maintain effective communication throughout project phases.
• Relinquishing a commission should be a last resort, with a best practice of initial informal discussions to resolve issues before formal resignation.

Health and Safety Regulations

• Employers must actively eliminate health and safety risks and provide Worker's Compensation insurance.
• Employees are responsible for taking care of their health and cooperating with health and safety protocols set by employers.

Gender Equity in Architecture

• Female participation and career progression in architecture are disproportionately low compared to graduation rates.

Cultural Awareness and Indigenous Matters

• Engagement in cultural awareness training is essential for understanding the histories and needs of Aboriginal and Torres Strait Islander peoples.
• Strategies like Respecting Aboriginal culture in planning and creating employment opportunities for Indigenous peoples can enhance practices.

Privacy Legislation

• The Privacy Act 1988 outlines standards for managing personal information and includes Australian Privacy Principles (APPs) governing data collection, usage, and disclosure.
• Entities like individuals and corporations are covered, but small businesses with an annual turnover of $3 million or less are typically exempt.

Collaboration and Agreements Among Architects

• Collaboration can enhance project outcomes, but copyright rights cannot be waived. Moral rights belong to individual authors.
• Clients may request indemnity agreements; architects should carefully assess their insurability prior to agreeing.
• Clear agreements defining roles, responsibilities, and liability are vital in partnerships and joint ventures to minimize legal risks.

Company Structures in Architecture

• Sole Trader: Offers simplicity and ease of setup, but personal assets are exposed to litigation risks.
• Company: Provides separation between personal and business assets, limiting personal liability; requires ASIC registration.
• Joint Ventures and Partnerships combine resources but entail shared liability for any member's mistakes.

Professional Indemnity and Insurance

• Professional Indemnity Insurance is crucial for safeguarding against claims of professional negligence.
• Multiple insurance types are necessary for comprehensive coverage, including public liability and worker's compensation.

Copyright and Moral Rights

• Copyright protects original designs and can be transferred through contracts. Typically resides with the employer when developed under employment.
• Moral rights prevent unauthorized modifications of designs and must be acknowledged in agreements with clients and collaborators.### Project and Non-Project Staff
• Technical staff time must be calculated accurately for project estimation.
• Non-technical staff, such as secretaries and office managers, are generally included in overhead costs.

Overheads Breakdown

• Non-project component salaries of non-technical staff.
• Employee on-costs, including payroll tax and superannuation.
• Fixed overheads encompass fixed commitments like registration fees and bank charges.
• Non-budgeted items may include contingency sums for unexpected expenses.
• Controllable overheads cover variable costs such as advertising, cleaning, electricity, and printing.

Importance of Time Records

• Accurate time records are essential for calculating project costs, staff costs, and charge-out rates.
• Historical data aids in future project planning and forming fee proposals.
• Helps in setting project budgets and schedules.
• Facilitates comparison and monitoring of actual cash flow against projected cash flow.
• Ensures accurate invoicing for charge-out contracts.

Fee Determination for Small Projects

• Reduced service fees require careful analysis, particularly for discounted fees.
• Possible factors include the client relationship, potential for larger projects, available resources, and personal interest in the project.
• It’s important to decline unreasonable requests to maintain project scope and resources.

Building Contracts

• A building contract includes documents like specifications, schedules, and drawings.
• Contractual liability can arise from two types of contracts:
  • Contract under seal, which is valid without consideration, based solely on an agreement in writing (signed, sealed, delivered).
  • Simple contract, which must involve consideration; it can be oral but is challenging to prove without witnesses.

Elements of Contract Existence

• Essential elements include:
  • An offer must be made.
  • Acceptance of the offer must occur through words or conduct.
  • Consideration is required, which is an act or promise by one party that results in acquiring rights under the contract (e.g., payment or agreement to forgo a lawsuit).