Professional Practice 2 Module 3 PDF

01 ADMINISTERING THE REGULAR SERVICES OF THE ARCHITECT: prepared by: AR. JASPER CUETO Professional Practice 2  50...

01 ADMINISTERING THE REGULAR SERVICES OF THE ARCHITECT: prepared by: AR. JASPER CUETO Professional Practice 2  50 The Professional Life Professional Practice 2 Module 3  51 The Professional Life Role of Professional Bodies Professional Practice 2  52 From the UIA Accord: Architects, whether self-employed or employees are generally controlled by a regulating body in charge of ensuring that laws, decrees, and professional standards are applied and observed by all members ROLE OF of the profession. PROFESSIONAL In many countries, professional bodies have also BODIES been established for the advancement of Professional Practice 2 architecture, for the promotion of knowledge, and to protect the public interest by ensuring that their members perform to a known standard.  53 From the UIA Accord: Before defining what an architect’s professional body should be it is necessary to recall the context of globalization and the guiding principles of the General Agreement on Trade Services (GATS). The ROLE OF fundamental objectives of GATS are the same as those of the World Trade Organization’s (WTO) PROFESSIONAL objectives for goods - to ensure the balance of world BODIES trade through the liberalization of markets and to Professional Practice 2 build the process of liberalization on solid foundations.  54 PROFESSIONAL REGULATORY BOARD OF ARCHITECTURE Continuing Professional Development (CPD) for architects in the Philippines is a requirement for the Professional Practice 2 renewal of the Professional Identification Card (PIC) by the Professional Regulation Commission (PRC).  55 INTEGRATED & ACCREDITED PROFESSIONAL ORGANIZATION OF ARCHITECTS RA 9266 mandated the integration of the architecture profession into one national organization. Professional Practice 2 When RA 9266 took effect in 2004, the United Architects of the Philippines (UAP) was the existing duly accredited organization & remains so until today.  RA 9266 Section 41 mandated the adoption & 56 promulgation of Standards of Professional Practice (SPP). The SPP is a document that defines all aspects of professional service, prescribes minimum basic fees, and establishes the rights and obligations of both the Architect and the client. The SPP replaced the 1979 UAP Documents 201 through PROFESSIONAL 210. PRACTICE OF 1. SPP 201: Pre-Design Services ARCHITECTURE IN 2. SPP 202: Regular Design Services 3. SPP 203: Specialized Architectural Services THE PHILIPPINES Professional Practice 2 4. SPP 204a: Full-Time Supervision Services 5. SPP 204b: Construction Management Services 6. SPP 205: Post Construction Services 7. SPP 206: Comprehensive Architectural Services 8. SPP 207: Design-Build Services 9. SPP 208: Architectural Design Competition 10. SPP 209: Professional Architectural Consulting Services  57 The Professional Life Professional Ethics Professional Practice 2  58 Professional responsibility is the area of practice that encompasses the duties of architects to act in a professional manner, obey the law, avoid conflicts of interest, and put the interests of clients ahead of their own interests. From the UIA Accord: A code of ethics and conduct establishes a PROFESSIONAL professional standard of behavior that guides ETHICS architects in the conduct of their practices. Architects should observe and follow the code of ethics and Professional Practice 2 conduct for each jurisdiction in which they practice. Rules of ethics and conduct have as their primary object the protection of the public, caring for the less powerful and the general social welfare, as well as the advancement of the interests of the profession of architecture.  59 I shall work with this general objective – that my duty is not only to myself, but also to my Country and God. I shall uphold the ideals and follow the norms of conduct of a noble profession and endlessly endeavour to further its just end. THE ARCHITECT’S I shall humbly seek success not through the measure of solicited personal publicity, but by industrious CODE OF ETHICS application to my work, strive to merit a reputation for quality of service and for fair dealing. Professional Practice 2 I shall ask from all, fair remuneration for my services while expecting and asking no profits from any other source. I shall hold the interest of my Client over and above any self-interest for financial returns.  60 I shall exercise my professional prerogatives always with impartiality and disinterestedness. I shall avoid any private business investments or venture which may tend to influence my professional judgment to the detriment of the trust placed upon me. I shall inspire by my behaviour the loyalty of my THE ARCHITECT’S associates and subordinates and take upon me the mentorship of aspirants to the profession. CODE OF ETHICS I shall confine my criticisms and praises within Professional Practice 2 constructive and inspirational limits and never resort to these means to further malicious motives. I shall dedicate myself to the pursuit of creative endeavour towards the goal of enlightened Art and Science, generously sharing with colleagues, friends and strangers alike the benefits of my experience and experiments.  The professional of Architecture calls for men of the highest 61 integrity, judgment, business capacity and artistic and technical ability. An Architect’s honesty of purpose must be above suspicion; he acts as professional adviser to his client and his advice must be unprejudiced; he is charged with he exercise of judicial functions as between client and contractor and must act with entire impartiality; he has moral responsibilities to his professional associates and subordinates; and he is engaged CODE OF ETHICAL in a profession which carries with it grave responsibilities to the public. CONDUCT These duties and responsibilities cannot be properly Professional Practice 2 discharged unless his motives, conduct, sense of moral values and ability are such as to command respect and confidence. In order to promote the highest standards of ethical conduct in the practice of Architecture, the United Architects of the Philippines, with the approval of the Board of Architecture and the Professional Regulation Commission, has codified and formulated the following principles for adoption and compliance of the Architect.  62 5 PRINCIPLES OF CODE OF ETHICAL CONNDUCT: 1. THE ARCHITECT’S RESPONSIBILITIES IN RELATION TO THE PEOPLE 2. THE ARCHITECT’S RESPONSIBILITIES IN RELATION TO HIS CLIENT CODE OF ETHICAL 3. THE ARCHITECT’S RESPONSIBILITIES IN CONDUCT RELATION TO THE CONTRACTOR Professional Practice 2 4. THE ARCHITECT’S RESPONSIBILITIES IN THE RELATION TO MANUFACTURERS, DEALERS, AND AGENTS 5. THE ARCHITECT’S RESPONSIBILITIES IN RELATION TO HIS COLLEAGUES AND SUBORDINATES  63 CODE OF ETHICAL CONDUCT: THE ARCHITECT’S RESPONSIBILITIES IN RELATION TO THE PEOPLE 1 STATEMENT: The Architect is engaged in a profession which carries with it civic responsibilities towards the public, whether such responsibilities are the natural outcome of good Professional Practice 2 citizenship or of his professional pursuit or whether they partake of informative and educational matters or of his normal, good public relations.  64 1-a: Civic and Urban Responsibility The Architect shall seek opportunities to be of constructive service in civic and urban affairs and to the best of his ability advance the safety, health and well-being of the people and the community as well as the promotion, restoration or preservation of the general amenities and examples of historic and architectural heritage of the nation. THE ARCHITECT’S 1-b: Promote the Profession RESPONSIBILITIES The Architect shall promote the interest of his professional organization and do his full part of the work to enhance the IN RELATION TO objectives and services of the organization. He should share THE PEOPLE in the interchange of technical information and experience Professional Practice 2 with the other design professions and the building industry. 1-c: Follow the Law and Ethical Standards The Architect as a good citizen shall abide and observe the laws and regulations of the government and comply with the standards of ethical conduct and practice of the profession in the Philippines. He shall at no time act in a manner detrimental to the best interest of the profession.  1-d Avoid Paid Self-Promotion 65 The Architect shall not use paid advertisement nor use self- laudatory, exaggerated or misleading, publicity. However the presentation of factual materials, verbal or visual of the aims, standards and progress of the profession through literature or by industrious application of his work and services which tend to dignify the professional or advance public knowledge of the Architect’s function in society may be presented through any public communication media. THE ARCHITECT’S RESPONSIBILITIES 1-e: No Solicitation for Publication Costs The Architect shall not solicit nor permit to solicit in his name, IN RELATION TO advertisements or other support towards the cost of any publication presenting his work. He should refrain from taking THE PEOPLE Professional Practice 2 part in paid advertisement endorsing any materials of construction or building equipment. 1-f: Truthful Advertising The Architect shall not mislead the public through advertisements, signs or printed matter citing his professional specializations unless such qualifications are well known facts or sanctioned by professional consensus and years of experience.  66 CODE OF ETHICAL CONDUCT: THE ARCHITECT’S RESPONSIBILITIES IN RELATION TO HIS CLIENT 2 STATEMENT: The Architect’ s relation to his client is dependent upon good faith. To insure the continued existence Professional Practice 2 of such state of good relationship, the Architect’s position carries with it certain moral obligations to his Client and to himself.  67 2-a : Introducing Services Professionally The Architect may introduce to a prospective Client the professional services he is able to perform provided it is limited to presentation of examples of his professional experience and does not entail the offering of free preliminary sketches or other services without the benefit of an agreement with the Client for legitimate compensation. THE ARCHITECT’S RESPONSIBILITIES 2-b: Clear Scope and Fees The Architect shall acquaint or ascertain from the Client at IN RELATION TO the very inception of their business relationship, the exact HIS CLIENT nature and scope of his services and the corresponding Professional Practice 2 professional charges. 2-c: Advising on Project Feasibility The Architect shall advice a Client against proceeding with any project whose practicability may be questionable due to financial legal or arresting or exigent conditions, even if such advice may mean the loss of a prospective commission to the Architect.  68 2-d : Honesty in Cost Estimates The Architect shall explain the conditional character of estimates other than estimates submitted in the form of actual proposals by contractors and in no case shall be guarantee any estimates or cost of the work in order to secure a commission. 2-e: Balancing Client and Public Interests THE ARCHITECT’S The Architect shall consider the needs and stipulation of his RESPONSIBILITIES Client and the effects of his work upon the life and well- being of the public and the community as a whole and to IN RELATION TO endeavour to meet the aesthetic and functional HIS CLIENT requirements of the project commensurate with the Client’s Professional Practice 2 appropriation. 2-f: Fair Professional Fees The Architect shall charge his Client for services rendered, professional fee commensurate with the work involved and with his professional standing and experience based upon the Basic Minimum Fee prescribed under the “Standards of Professional Practice” of the “Architect’s National Code”.  69 2-g: No Fixed-Price Construction Contracts The Architect shall not undertake, under a fixed contract sum agreement, the construction of any project based on plans prepared by him. He may in certain cases, undertake the construction of a project even when the plans were prepared by him provided it is undertaken in conformity with the condition set forth under sections THE ARCHITECT’S covering “Constructing Services”, “Comprehensive RESPONSIBILITIES Services” or “Design-Build Services” of the document on IN RELATION TO “STANDARDS OF PROFESSIONAL PRACTICE”. HIS CLIENT Professional Practice 2 2-h: Compensation Solely from Clients The Architect shall be compensated for his services solely through his professional fee charged directly to the Client. He shall not accept nor ask for any other returns in whatever form from any interested source other than the Client.  70 2-i :Transparency in Financial Interests The Architect shall be free in his investments and business relations outside of his professional from any financial or personal interests which tend to weaken and discredit his standing as an unprejudiced and honest adviser, free to act in his Client’s best interests. If the Architect has any business interest which will relate to, or affect the interest of his Client, he should inform his Client of such condition or situation. THE ARCHITECT’S 2-j: Arbitration in Agreements RESPONSIBILITIES The Architect shall include in his agreement with the Client a IN RELATION TO clause providing for arbitration as a method for settlement of disputes. HIS CLIENT Professional Practice 2 2-k: Timely Professional Work shall carry out his/her professional work without undue delay and within an agreed reasonable time limit. 2-l: Ongoing Client Communication shall keep the Client informed at all times of the progress of the work undertaken on the Client's behalf and of any issue that may affect project quality and cost.  71 CODE OF ETHICAL CONDUCT: THE ARCHITECT’S RESPONSIBILITIES IN RELATION TO THE CONTRACTOR 3 STATEMENT: The Contractor depends upon the Professional Practice 2 Architect to safeguard fairly his interests as well as those of the client.  72 3-a: Clarity in Contract Documents The Architect shall give the Contractor every reasonable and to enable him to fully understand the contents of the Contract Documents by furnishing clear, definite and consistent information in all pertinent contract documents to avoid unnecessary mistakes that may involve extra costs to the Contractor. THE ARCHITECT’S 3-b: Fairness in Correcting Errors RESPONSIBILITIES The Architect shall not knowingly call upon the contractor to correct or remedy oversights or error in the Contract IN RELATION TO Documents to the Contractor’s financial disadvantage. THE CONTRACTOR Professional Practice 2 3-c: Immediate Rejection of Nonconforming Work The Architect shall immediately upon his personal knowledge and inspection, reject or condemn materials, equipment or workmanship which are not in conformity with the Contract Documents in order not to cause unnecessary delay and additional expense o the Contractor.  73 3-d: No Acceptance of Favors or Gifts The Architect shall not, et any time or circumstance, accept free engineering services, or receive any substantial aid, gifts, commissions, or favours from any Contractor or sub-contractor which will tend to place THE ARCHITECT’S him under any kind of moral obligation, RESPONSIBILITIES 3-e: Timely Inspection and Payment Certification IN RELATION TO The Architect shall upon request by the Contractor THE CONTRACTOR Professional Practice 2 promptly inspect each phase of the work completed and if found according to the terms of the Contractor Documents issue the corresponding Certificates of Payment and the Final Certificate of Completion, respectively, to the Contractor.  CODE OF ETHICAL CONDUCT: 74 THE ARCHITECT’S RESPONSIBILITIES IN THE RELATION TO MANUFACTURERS, DEALERS, AND AGENTS 4 STATEMENT: An exchange of technical information between Architects and those who supply and handle Professional Practice 2 building materials or equipment is necessary and therefore encouraged and commended. However,  75 4-a: Avoiding Compromised Technical Services The Architect shall not avail or make use of engineering of other technical services offered by the manufacturer, or suppliers of building materials or equipment which may be accompanied by an obligation detrimental the best interest of the Client or which may adversely affect THE ARCHITECT’S the Architect’s professional opinion. RESPONSIBILITIES IN THE RELATION TO 4-b: No Acceptance of Gifts or Commissions The Architect shall not at any time receive commissions, MANUFACTURERS, discounts, fees, gifts or favours from agents or firms Professional Practice 2 DEALERS, AND handling building materials or equipment which may AGENTS place him in a reciprocal frame of mind. He may however, accept market discounts which shall be credited to the Client.  CODE OF ETHICAL CONDUCT: 76 THE ARCHITECT’S RESPONSIBILITIES IN RELATION TO HIS COLLEAGUES AND SUBORDINATES 5 STATEMENT: The Architect has moral responsibilities towards his profession, hi colleagues and his subordinates. Professional Practice 2 The Architect has moral responsibilities towards his profession, his colleagues and his subordinates.  77 5-a: Professional Service Agreement The Architect shall not render professional services without a professional service agreement. He/she shall neither offer nor provide preliminary services on a conditional basis prior to definite agreement with the Client for the commission of the project. THE ARCHITECT’S 5-b: Adherence to Minimum Fees RESPONSIBILITIES IN The Architect shall abide by the Basic Minimum Fee RELATION TO HIS prescribed under the "Standards of Professional Practice". He/she shall not use donation of professional COLLEAGUES AND Professional Practice 2 services as a device for obtaining competitive advantage SUBORDINATES except for worthy civic or religious projects. Neither shall he/she submit solicited or unsolicited sketches or drawings in competition with other Architects unless such competitive arrangements are conducted substantially under the terms of me Architectural Competition Code.  78 5-c: Competition Ethics The Architect shall not, in any case, enter as competitor in any Architectural Competition when he/she has direct involvement in the formulation of the Program thereof, or when he/she has been engaged to act as Professional Adviser or Juror for such competition. Neither shall the Architect accept and act as professional adviser or juror in any architectural competition when he/she has had any THE ARCHITECT’S information or has reviewed or assisted in the preparation RESPONSIBILITIES IN of such competition. Nor shall be retained as a RELATION TO HIS professional adviser in a competition, accept employment as an Architect for the competition project, except as COLLEAGUES AND Professional Practice 2 Consulting Architect. SUBORDINATES 5-d: Respect for Existing Commitments The Architect shall not, under any circumstances or through any means, solicit any project already known to him/her as previously committed to another Architect, whether such a commitment is still in the process of negotiation or has already been definitely agreed upon.  79 5-e: Notification of Prior Employment The Architect shall not undertake a commission for which he/she knows that another Architect has been previously employed unless he/she notifies me other Architect of the fact in writing and has conclusively determined that the original employment has been terminated and duly compensated for. 5-f: Notification for Renovation Projects The Architect shall not undertake a commission for additions, THE ARCHITECT’S rehabilitation, or remodeling of any erected structure undertaken RESPONSIBILITIES IN previously by another Architect without duly notifying him of the contemplated project even when the Client/Owner is no longer RELATION TO HIS the same. When the greater mass, area, or design of the original COLLEAGUES AND structure is substantially maintained, the new Architect should Professional Practice 2 limit his/her advertisement or claim only to the extent of the SUBORDINATES specific work he/she has done to me structure. Whenever the nature of work involved examples of our architectural heritage, theArchitect must look at all possibilities of restoration. 5-g: Professional Courtesy The Architect shall not maliciously, or unfairly criticize, or discredit another Architect or the latter's work.  5-h: Association with Ethical Enterprises 80 The Architect shall refrain from associating himself/herself with, or allowing the use of his/her name by any enterprise that may negatively affect himself/herself or the architectural profession. 5-i: Supervision of Work The Architect shall not affix his/her signature and seal to any plans or professional documents prepared by other persons or entities and not done under his/her direct personal supervision. THE ARCHITECT’S 5-j: Support for Employees RESPONSIBILITIES IN The Architect shall provide employees and subordinates with a RELATION TO HIS suitable work environment, compensate them fairly, and facilitate their professional advancement. He/she shall tutor and COLLEAGUES AND Professional Practice 2 mentor the young aspirants towards the ideals, functions, duties, SUBORDINATES and responsibilities leading to the ethical practice of the architectural profession. 5-k: Sharing Knowledge The Architect shall unselfishly give his/her share in the transfer of technical knowledge and experience to his/her colleagues and young aspirants and do his/her part in fostering unity in the furtherance of the profession.  81 5-l: Commitment to Professional Organizations The Architect shall unselfishly give his/her time and effort to the advancement of the profession thru his/her active and personal commitment and involvement with the Integrated and Accredited Professional Organization of Architects (IAPOA) and in undertaking specific advocacy work to ultimately benefit the architectural profession. THE ARCHITECT’S 5-m: Efficient Practice Management The Architect shall ensure that the conduct of his/her RESPONSIBILITIES IN professional practice abides by appropriate and effective RELATION TO HIS internal procedures, including monitoring and review processes, as well as sufficient qualified and supervised COLLEAGUES AND Professional Practice 2 staff to enable the firm to function efficiently. SUBORDINATES 5-n: Respect for Intellectual Property The Architect shall neither appropriate the intellectual property of, nor unduly take advantage of the ideas of another architect without express authority from the originating architect.  82 5-o: Building a Reputation on Merit The Architect shall build his/her professional reputation on the merits of his/her own service and performance and shall strive to continuously update his/her professional know-how. He/she shall recognize and give credit to others for professional work performed. THE ARCHITECT’S 5-p: Fee Proposals as Independent Consultants RESPONSIBILITIES IN The Architect shall not, when offering services as an RELATION TO HIS independent consultant, quote a fee without first COLLEAGUES AND receiving an official invitation for him/her to do so. The Professional Practice 2 Architect must have sufficient information on the nature SUBORDINATES and scope of the project to enable him/her to prepare a fee proposal clearly indicating the services covered by the fee in order to protect the Client and the public from under-resourcing or under-pricing by some unscrupulous parties.  83 5-q: Clear Terms of Agreement The Architect shall not undertake professional work unless the parties shall have clearly agreed in writing to the terms of the architectural commission, to wit: scope of work, delineation of responsibilities, any limitation of responsibilities, fee or method of calculating it, THE ARCHITECT’S mode of alternative dispute resolution, and RESPONSIBILITIES IN any provision for termination RELATION TO HIS 5-r: Raising Standards in the Profession COLLEAGUES AND Professional Practice 2 The Architect shall continue to raise the standards of SUBORDINATES aesthetic excellence, functional logic, architectural education, research, training, and practice. 5-s: Promoting Allied Arts The Architect shall, as appropriate, promote the allied arts and contribute to the knowledge and capability of the construction industry.  84 5-t: Reporting Violations If the AArchitect possesses substantial information which leads to reasonable belief that another Architect has committed a violation of this Code, shall file a formal complaint with the designated body. 5-u: Confidentiality of Materials If the Architect is leaving his/her Architect-Employer shall THE ARCHITECT’S not, without the permission of the latter, take with him/her RESPONSIBILITIES IN designs, drawings, data, or other relevant materials even if personally performed by him/her. On the other hand, the RELATION TO HIS Architect-Employer shall not unreasonably withhold such COLLEAGUES AND Professional Practice 2 permission, except when some confidentiality of any such SUBORDINATES documents must be reasonably protected. 5-v: Non-Discrimination The Architect shall not discriminate on grounds of race, national origin, age, gender, marital status, religion, or any disability which would hinder the performance of his/her professional work.  85 THANK YOU! Professional Practice 2 PREPARED BY: AR. JASPER CUETO