THE RIGHTS AND LIABILITY OF BUILDING AND ADJOINING OWNERS.
a) Positive and negative easements on adjoining sites may have important implications for the design of a new building. Give examples of how this might arise and how it can be dealt with.
A positive easement is one which enables the dominant owner to do some act upon the servient tenement, e.g. walk or drive along a right of way. A negative easement allow the dominant owner to prevent the servient from doing something on his land e.g. a right to light, which restricts the servient owner's ability to build. (Type of easement: right of way, of support, of light).
suggested reading ARCHITECT LEGAL HANDBOOK ( Chapter 4 - English Land Law)
b) Under what circumstances might ‘licences’ be required in undertaking building work? Give examples of what agreements might be made and their format.
A licence is a permission, e.g. the passage of construction traffic (or erection of scaffolding) over neighbouring land may be required for some development. A bare licence is given gratuitously by the landowner/licensor and it is revocable at any time. A contractual licence is granted tfor some counter-benefit and its revocation is subject to the contract terms.
c) An uncertain boundary is delaying the completion of drawings being prepared for a planning application. How can this be resolved?
There are three ways to find out the confines of division of two contiguous parcels of land:
- by proven acts of the respective owners;
- by statues or by orders of authorities having jurisdiction;
- by legal presumption (in absence of either of above);
d) You are required to prepare a Schedule of Condition for a Party Wall Award. What method of working would you employ?
One of the most important aspects of the award is the Schedule of Condition taken of the adjoining property or land. The Schedule of Condition is a written report and can be supplied with photographs. It makes easier to determine if damage has been caused by the works ant the extend of the damage caused. suggested reading ARCHITECT LEGAL HANDBOOK ( Chapter 26 - Party Wall)
e) An adjoining owner has asked your client to allow the formation of two small windows and a gas vent in his boundary wall. No overlooking is entailed and your client’s house is some distance from this boundary. Give advice on this matter.
Allowing the adjoining owner to open 2 small window in his boundary wall will prevent or restrict your client use of his land. I would make aware your client about easement and right of light.
f) You are undertaking a demolition immediately adjacent to an adjoining boundary wall. Your initial investigation shows that while the wall is structurally sound the pointing is poor and when left exposed it is unlikely to be waterproof. How will you report this matter to the adjoining owner?
I would probably inform him about the state of disrepair of the wall. Party wall (?)
Thursday, May 6, 2010
THE MANAGEMENT OF CONSTRUCTION
a) Briefly explain the difference between Section Completion and Partial Possession.
The Section Completion clause in normally included into the contract documents whereas the Partial Possession is subject to the Contractor consent. The Contractor can't delay the consent unreasonably. The Partial Possession has implications from insurance point of view.
b) Name four types of dispute resolution and briefly describe the appropriate use of two.
1) Adjudication
2) Mediation
3) Arbitration
4) Conciliation
c) What is a Collateral Warranty and under what circumstances could an architect be required to enter into such a contract?
Collateral Warranty is an agreement associated with a primary contract that allow third party to claim damage for defective works. The architect can be asked to enter into this agreement a third party (Purchaser, Tenant or Funder) has an interest in the main contract project.
d) You have been appointed as architects for a replacement canteen and kitchen at a local primary school (450,000), the original building having been condemned and closed. The school is currently offering a limited school dinner service within the school hall. Recommend a suitable building contract/s to ensure that the new facilities are procured as soon as possible.
unable to answer
(the school as client is unlikely to assume a risk, the traditional procurement route..)
a) Briefly explain the difference between Section Completion and Partial Possession.
The Section Completion clause in normally included into the contract documents whereas the Partial Possession is subject to the Contractor consent. The Contractor can't delay the consent unreasonably. The Partial Possession has implications from insurance point of view.
b) Name four types of dispute resolution and briefly describe the appropriate use of two.
1) Adjudication
2) Mediation
3) Arbitration
4) Conciliation
c) What is a Collateral Warranty and under what circumstances could an architect be required to enter into such a contract?
Collateral Warranty is an agreement associated with a primary contract that allow third party to claim damage for defective works. The architect can be asked to enter into this agreement a third party (Purchaser, Tenant or Funder) has an interest in the main contract project.
d) You have been appointed as architects for a replacement canteen and kitchen at a local primary school (450,000), the original building having been condemned and closed. The school is currently offering a limited school dinner service within the school hall. Recommend a suitable building contract/s to ensure that the new facilities are procured as soon as possible.
unable to answer
(the school as client is unlikely to assume a risk, the traditional procurement route..)
PRACTICE MANAGEMENT AND BUSINESS ADMINISTRATION
c) Under the EC Working time Directive 93/104 what are the rules on working hours?
EC Directive 93/104 concerning certain aspects of the organization of working time states that:
d) List two mandatory and two optional insurance policies applicable to an architectural practice.
unable to answar
e) What information would you expect to include when preparing a business plan?
A Business Plan should include:
1) An executive summary, (overview of the business)
2) Business opportunity (who you are, service provided, to whom)
3) Your marketing strategy
4) Your management team and personnel (practice staff)
5) Your operations (premises, facilities, IT system, etc).
6) Financial forecasts
suggested reading: Good Practice Guide: Starting a Practice, Simon Foxell, RIBA Publishing 2006
f) One of your employees has been seriously injured during work and is now a hospital in-patient. You have spoken to the enforcing authority on th ephone but what else must you do?
You must within 10 days of the accident make a report on an approved form F2058.
RELEVANT LINKS:
http://books.hse.gov.uk/hse/public/saleproduct.jsf?catalogueCode=9780717662906
https://www.hse.gov.uk/forms/incident/f2508.pdf
a) You are developing a new practice brochure - what should it include?
The brochure should explain who is who in the firm, how long established and the kind of work carried out, preferably with illustrations. It should be easy for a prospective client to read and understand and it has to clearly explain the benefit of employing that particular firm. suggested reading: The Architect in Practice - David Chappell,Andrew Willis, 2010 (Chapter 19)
b) You are obtaining competitive quotations for PI Insurance - what information will the companies require in order to calculate your premium?
Personal details, fees for the last 3 years, staff, domestic/overseas projects, services provided (inc. RIBA Worg Stages), total gross fee per sector in %, 3 largest contract. To download a RIBAIA Professional Indemnity Insurance Form : http://www.architectspi.com/sites/riba/PI-Insurance/Pages/default.aspxc) Under the EC Working time Directive 93/104 what are the rules on working hours?
EC Directive 93/104 concerning certain aspects of the organization of working time states that:
d) List two mandatory and two optional insurance policies applicable to an architectural practice.
unable to answar
e) What information would you expect to include when preparing a business plan?
A Business Plan should include:
1) An executive summary, (overview of the business)
2) Business opportunity (who you are, service provided, to whom)
3) Your marketing strategy
4) Your management team and personnel (practice staff)
5) Your operations (premises, facilities, IT system, etc).
6) Financial forecasts
suggested reading: Good Practice Guide: Starting a Practice, Simon Foxell, RIBA Publishing 2006
f) One of your employees has been seriously injured during work and is now a hospital in-patient. You have spoken to the enforcing authority on th ephone but what else must you do?
You must within 10 days of the accident make a report on an approved form F2058.
RELEVANT LINKS:
http://books.hse.gov.uk/hse/public/saleproduct.jsf?catalogueCode=9780717662906
https://www.hse.gov.uk/forms/incident/f2508.pdf
MANAGEMENT OF ARCHITECTURE
a) The ARB requires architects to include six (now 8) terms within the letter of appointment or form of agreement - name five of these.
Under the Architects Code: Standards of Conduct and Practice 2010 the Architects "are expected to ensure that before you undertake any professional work you have entered into a written agreement with the client which adequately covers:
1. the contracting parties;
2. the scope of the work:
3. the fee or method of calculating it;
4. who will be responsible for what;
5. any constraints or limitations on the responsibilities of the parties
6. provisions for termination of the agreement;
7. a statement that you have adequate PII (Professional Indemnity Insurance);
a) The ARB requires architects to include six (now 8) terms within the letter of appointment or form of agreement - name five of these.
Under the Architects Code: Standards of Conduct and Practice 2010 the Architects "are expected to ensure that before you undertake any professional work you have entered into a written agreement with the client which adequately covers:
1. the contracting parties;
2. the scope of the work:
3. the fee or method of calculating it;
4. who will be responsible for what;
5. any constraints or limitations on the responsibilities of the parties
6. provisions for termination of the agreement;
7. a statement that you have adequate PII (Professional Indemnity Insurance);
8. your complaints/despute resolution procedure;
Subscribe to:
Posts (Atom)