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DAYANAD SAGAR ACADAMYOF TECHNOLOGY & MANAGEMENT
Bangalore 560082
Professional Practice – I
As prescribed by the Visvesvaraya Technological University
Syllabus For the B.Architecture Degree course
By K.S.Mukunda Prof Emirates.
DSATM Bangalore
Jul-2015
Architecture in a place has legal & and state governamental interventions
01
In the architectural profession, technical knowledge, management, and an understanding of business are as important as design
09 arc 7.4 Professional practice - Visvesvaraya Technological University Syllabus
02
Some important Definitions
Trade; People who perform a particular kind of skilled work, The skilled practice of a practical occupation
Business: The activity of providing goods and services involving financial and commercial and industrial aspects with a rightful concern
or responsibility,
Profession; An occupation requiring special education with Tenets
Doctrine; A belief (or system of beliefs) accepted as authoritative. A religious doctrine that is proclaimed as true without proof (Tenet;
it’s a religious Doctrine)
Liabilities; The state of being legally obliged and responsible, At risk of experiencing something usually unpleasant, Subject to legal
action (likely to be affected with)
Duties; Work that you are obliged to perform for moral or legal reasons, ----"the duties of the job“, ----"we must instill a sense of duty
in our children“. The social force that binds you to the courses of action demanded by that force
Responsibilities; The social force that binds you to the courses of action demanded by that force,; "every right implies a responsibility;
every opportunity, an obligation; every possession, a duty“- the trait of being answerable to someone for something or being
responsible for one's conduct
Code: A set of rules, principles or laws (especially written ones)
Etiquette; Rules governing socially acceptable behavior
Ethics; The principles of right and wrong that are accepted by an individual or a social group. Conforming to accepted standards of
social or professional behavior
Negligence: Failure to act with the prudence that a reasonable person would exercise under the same circumstances. It amounts to
failure to take reasonable amount of care for offering the desired professional services and can results in deficient service for legal
action in the performance of duties . An Architect is responsible for Negligent act.
Tender: Offer or present for acceptance. Its also known as BID, Someone who attends to the needs of another
Contract; A binding agreement between two or more persons that is enforceable by law, Engaged by written agreement
Negotiations; A discussion intended to produce an agreement. The activity or business of negotiating an agreement; coming to
terms
Incompetence; Lack of physical or intellectual ability or qualifications & Inability to function properly
03
Architects - Profession & Background
• An architectural business may provide a variety of services to their clients. These services generally include consultation, design, and supervision of design of commercial, governmental,
and residential structures or buildings. The plans, specifications, and other related documents that are produced in the design phase are called construction documents.
• People need places in which to live, work, play, learn, worship, meet, govern, shop, and eat. Architects are responsible for designing these places, whether they are private or public;
indoors or out; rooms, buildings, or complexes.
• Architects are licensed professionals trained in the art and science of building design who develop the concepts for structures and turn those concepts into images and plans.
• Architects create the overall look of buildings and other structures. Buildings also must be functional, safe, and economical and must suit the needs of the people who use them.
Architects consider all these factors when they design buildings and other structures.
• Architects may be involved in all phases of a construction project, from the initial discussion with the client through the final delivery of the completed structure. Their duties require
specific skills - designing, engineering, managing, supervising, and communicating with clients and builders. Architects spend a great deal of time explaining their ideas to clients,
construction contractors, and others.
• The architect and client discuss the objectives, requirements, and budget of a project. In some cases, architects provide various predesign services: conducting feasibility and
environmental impact studies, selecting a site, preparing cost analysis and land-use studies, or specifying the requirements the design must meet. For example, they may determine
space requirements by researching the numbers and types of potential users of a building. The architect then prepares drawings and a report presenting ideas for the client to review.
• After discussing and agreeing on the initial proposal, architects develop final construction plans that show the building's appearance and details for its construction. Accompanying these
plans are drawings of the structural system; heating, ventilation and air conditioning systems (HVAC); electrical systems; communications systems; plumbing; and, possibly, site and
landscape plans. The plans also specify the building materials and, in some cases, the interior furnishings. In developing designs, architects follow building codes, zoning laws, fire
regulations, and other ordinances, such as those requiring easy access by people who are disabled. Computer-aided design and drafting (CADD) and building information modeling (BIM)
technology has replaced traditional paper and pencil as the most common method for creating design and construction drawings. Continual revision of plans on the basis of client needs
and budget constraints is often necessary.
• Architects may also assist clients in obtaining construction bids, selecting contractors, and negotiating construction contracts. As construction proceeds, they may visit building sites to
make sure that contractors follow the design, adhere to the schedule, use the specified materials, and meet work quality standards. The job is not complete until all construction is
finished, required tests are conducted, and construction costs are paid and a Certificate of Occupancy has been issued. Sometimes, architects also provide post construction services,
such as facilities management. They advise on energy efficiency measures, evaluate how well the building design adapts to the needs of occupants, and make necessary improvements.
• Often working with engineers, urban planners, interior designers, landscape architects, and other professionals, architects spend a great deal of their time coordinating information
from, and the work of, other professionals engaged in the same project.
• They design a wide variety of buildings, such as office and apartment buildings, schools, churches, factories, hospitals, houses, and airport terminals. They also design complexes such as
urban centers, college campuses, industrial parks, and entire communities.
• Architects sometimes specialize in one phase of work. Some specialize in the design of one type of building—for example, hospitals, schools, or housing. Others focus on planning and
predesign services or construction management and do minimal design work.
• There is an increase in demand for architects with knowledge of ‘green' design. Green design, also known as sustainable design, emphasizes the efficient use of resources such as energy
and water, waste and pollution reduction, conservation, and environmentally friendly design, specifications, and materials. Rising energy costs and increased concern about the
environment has led to many new buildings being built ‘green.'
• Architects spend most of their time in offices consulting with clients, developing reports and drawings, and working with other architects and engineers. However, they often visit
construction sites to review the progress of projects.
• Architectural firms sometimes outsource the drafting of construction documents and basic design for large-scale commercial and residential projects to architecture firms overseas.
In the architectural profession, technical knowledge, management, and an understanding of business are as important as design
04
• Participants in the Construction Industry
• There are numerous participants that take part in the construction process. The key participants are listed below and are discussed in depth
• Contractors
• General/Prime Contractors
• Construction Managers
• Commercial Contractors
• Commercial Project Owners
• Residential Construction Developers
• Subcontractors
• Highway Contractors
• Heavy Construction Contractors
• General Architects
• Landscape Architects
• Engineers
• Material Suppliers
• Construction Lenders
• Surety Companies
• Each of the above participants can and often do have multiple roles in the construction process. For example, the owner could also be the
general contractor (builder/developer). The general contractor in addition to providing supervision may also do specialty work that would
typically be subcontracted (for example, concrete work). Construction lenders frequently hold an equity position in a development partnership
in order to participate in the management decisions and to share in the profits. Anchor tenants, such as major department store chains
participate in the development partnership in exchange for signing long-term leases. Contractors and material suppliers can obtain rights in the
project by filing mechanics liens against the property.
• The Contracting Process
• When the owner/client determines that the project is feasible and that construction financing is available, the owner will solicit bids from
general contractors and/or specialty contractors. Owners will use trade publications and newspapers to invite contractors to bid for the
construction contract. The notice will provide the contractors with the procedures to be followed in submitting a bid.
• The bidding contractor obtains a copy of the plans and specifications prepared by the architect from the owner to prepare for the formal bid.
The bidding contractor solicits bids from subcontractors, estimates direct material and labor costs, and evaluates the ultimate profit potential of
the contract. The amount of the bid covers the estimated costs and profit for the construction project.
• The owner evaluates the submitted bids and will award the contract to the successful bidder. The contract document contains the contract
amount, project start and completion dates, progress billing procedures, insurance requirements, and other pertinent information.
• In many cases, the landscape architect will oversee the bidding process on behalf of the project's owner for landscape site work that does not
include extensive roadway or building work. The owner typically will then evaluate the bids after receiving review and recommendations by the
landscape architect.
• A few architectural firms will act as the general contractor. These general contractors make bids on the project (as described above). The
architect reviews the bids and recommends one or more of the general contractors to do the job. The owner/client selects and contracts with
the general contractor(s) of their choice. There may be more than one general contractor selected for different phases of the project.
05
Types of services offered by Architects & scale of fees
The professional service s, rendered by Architect means the services rendered pursuant to the conditions of engagement and the
agreed scale of charges entered into between the Client and the Architect .in their agreement.
“Service”, under the consumer protection act, means service of any description which is made available to potential users & includes the
provision of facilities in connection with banking , financing insurance, transport, housing construction etc ,. But does not include the
rendering of any service free of charge. Professional service by an Architect , falls under the ambit of “Service” and service tax has to be
paid for his services by the client.
Architects have to comply with professional conduct , and etiquette and code of ethics of the Architects regulations 1989 , violations of any
of the provisions shall constitute professional mis-conduct.
Architecture is primarily the art & science of designing spaces for multifarious activities ,where various engineering services are rationally
combined with Architecture’s basic element s of Space ,Structure & Form. In its broadened scope & baffling complexity, Architecture has
generated specializations such as Structural Design , Urban Design ,Landscape Architecture, Interior design , The Recent specializations also
include Retrofitting of buildings, Architecture conservation & Construction Management.
Architectural design is essentially a product of an individual mind but realized through association of experts from allied fields who
contribute in the process of construction for ensuring the high quality of the end product. The practice of the Architecture profession is
regulated by the Architects Act 1972.The Council of Architecture has prescribed the conditions of engagement and scale of charges under
the Architect’s professional conduct regulation 1989.
Comprehensive Architectural Services on any undertaken project
1. SCOPE OF WORK
The Architect is required to provide services in respect of the following :
1.1 Taking Client's instructions and preparation of design brief.
1.2 Site evaluation, analysis and impact of existing and / or proposed development on its immediate environs.
1.3 Design and site development.
1.4 Structural design.
1.5 Sanitary, plumbing, drainage, water supply and sewerage design.
1.6 Electrical, electronic, communication systems and design.
1.7 Heating, ventilation and air conditioning design (HVAC) and other mechanical systems.
1.8 Elevators, escalators, etc.
1.9 Fire detection, Fire protection and Security systems etc.
1.10 Periodic inspection and evaluation of Construction works. Until the completion of project.
Generally, the general
architectural firm may be
paid about 10 percent of
the project cost for small
jobs. For larger jobs, the
percentage may drop to 4
percent or 5 percent of
the project cost
06
Scale of Fees & Charges
SCHEDULE OF PAYMENT :
The Architect shall be paid professional fee in the following stages consistent with the work done plus other charges and reimbursable expenses as agreed
upon :
Retainer
On appointment/ Signing of Agreement/ Acceptance of offer@ 5% of the total fees payable, or 10,000/= whichever is higher, adjustable at the last stage.
Stage 1
On submitting conceptual designs and rough estimate of cost. 10% of the total fees payable.
Stage 2
On submitting the required preliminary scheme for the Client's approval along with the preliminary estimate of cost. 20% of the total fees payable less
payment already made at Stage 1.
Stage 3
On incorporating Client's suggestions and submitting drawings for approval from the Client/ statutory authorities, if required . Upon Client's / statutory
approval necessary for commencement of construction, wherever applicable.30% of the total fees payable less payment already made at Stages 1 and 2.
35% of the total fees payable less payment already made at Stages1 to 3a.
Stage 4
Upon preparation of working drawings, specifications and schedule of quantities sufficient to prepare estimate of cost and preparation of tender
documents. 45% of the total fees payable less payment already made at Stages1 to 3a.
Stage 5
On inviting, receiving and analyzing tenders; advising Client on appointment of contractors. 55% of the total fees payable less payment already made
at Stages 1 to 4.
Stage 6
On submitting working drawings and details required for commencement of work at site. On completion of 20% of the work On completion of 40% of
the work On completion of 60% of the work On completion of 80% of the work On Virtual Completion
65% of the total fees payable less payment already made at Stages 1 to 5.
70% of the total fees payable less payment already made at Stages 1 to 6a.
75% of the total fees payable less payment already made at Stages 1 to 6b(i).
80% of the total fees payable less payment already made at Stages 1 to 6b(ii).
85% of the total fees payable less payment already made at Stages 1 to 6b(iii).
90% of the total fees payable less payment already made at Stages 1 to 6b(iv).
Stage 7
On submitting Completion Report and drawings for issuance of completion/ occupancy certificate by statutory authorities, wherever required and on issue
of as built drawings 100% of the fees payable less payment already made at various stages and retainer.
07
Contract between client & Architect
Architect Contract Basics
An architect brings vision and structural know-how to his
building project.
With an Architect Contract you can ensure that the
expectations of your working relationship are clear on all
sides. Whether you're hiring an architect for an addition, a
restoration job or a building from scratch, you can create an
Architect Contract using a few easy steps.
Use the Architect Contract document if:
You're providing architectural services to another business
or individual.
Role of Council of Architecture ;
Architect Contract
The Architect Contract is made effective as of -------------------- by and between-------------------of---------------------- x --
---------------- and-------------of --------------x---------------
DESCRIPTION OF SERVICES, beginning on--------------------- will provide to-------------------The architects services
described below and in the attached Exhibit A ( collectively the “services”) Architects services shall include all
Architectural and planning & engineering services in connection with the shell & Core design for the project and
without limiting the generality of the foregoing, will include the following.
SCHEMATIC DESIGN PHASE; Services provided by Architect in schematic design phase of the construction include ;
1.Reviewing the project furnished by the client
2.Ascertaining the requirements of the project.
DESIGN DEVELOPMENT PHASE; Services provided by Architect on Design Development phase of the construction
include
1.Preparing construction documents, other documents to fix and describe the size, character of the project as
architectural, structural, mechanical , electrical materials and other elements based on approved schematic design
phase.
2.Advising clients on preliminary estimate of construction cost.
CONSTRUCTION DOCUMENT PHASE; Services provided by architects in Construction Document phaseof the
construction include;
1.Preparing documents drawings setting forth the detailed requirements based on the approved design
development documents
2.Advising client on construction cost
3.Helping client for the approval of Government Authorities.
BIDDING OR NEGOTIATION PHASE; Architect, following the clients approval of the construction documents assist
the client in obtaining bids or negotiated proposals and assist in awarding and preparing contracts for the project.
A Statutory body constituted by Ministry of Human Resource
Development, Government of India , under the Architects Act,
1972
The Council of Architecture (COA) has been constituted by the Government of India under the provisions of the Architects Act, 1972, enacted by the Parliament of
India, which came into force on 1st September, 1972. The Act provides for registration of Architects, standards of education, recognized qualifications and standards
of practice to be complied with by the practicing architects. The Council of Architecture is charged with the responsibility to regulate the education and practice of
profession throughout India besides maintaining the register of architects. For this purpose, the Government of India has framed Rules and Council of Architecture has
framed Regulations as provided for in the Architects Act, with the approval of Government of India.
Any person desirous of carrying on the profession of 'Architect' must have registered himself with Council of Architecture. For the purpose of registration, one must
possess the requisite qualification as appended to the Architects Act, after having undergone the education in accordance with the Council of Architecture (Minimum
Standards of Architectural Education) Regulations, 1983
The registration with Council of Architecture entitles a person to practice the profession of architecture, provided he holds a Certificate of Registration with up-to-
date renewals
The Architects Act, 1972
The Architects Act of 1972 which came into force on1st September 1972 has the following objectives as mentioned in the preamble:
1) To prepare a register of qualified Architects on the basis of a schedule of approved qualifications to safeguard the interest of common man.
2) To regulate the profession of Architects by evolving a "Code of Ethics" and by laying down minimum standards of architectural education in India.
08
Code of professional conduct , Architects Act 1972 & Role of Council of Architecture
Code of conduct refers to ; A set of conventional principles and expectations that are considered binding on any person who is a member of a particular group, and As we belong to
Architecture profession we have our own code of conduct for practicing in this field.
ARCHITECTS (PROFESSIONAL CONDUCT) REGULATIONS, 1989 *(Incorporated under the Architects Act, 1972)
• ensure that his professional activities do not conflict with his general responsibility to contribute to the quality of the environment and future welfare of society,
apply his skill to the creative, responsible and economic development of his country,
• provide professional services of a high standard, to the best of his ability,
if in private practice, inform his Client of the conditions of engagement and scale of charges and agree that these conditions shall be the basis of the appointment, not sub-
commission to another Architect or Architects the work for which he has been commissioned without prior agreement of his Client,
not give or take discounts, commissions, gifts or other inducements for the introduction of Clients or of work , act with fairness and impartiality when administering a building
contract,
• maintain a high standard of integrity , promote the advancement of Architecture, standards of Architectural education, research, training and practice, conduct himself in a
manner which is not derogatory to his professional character, nor likely to lessen the confidence of the public in the profession, nor bring Architects into disrepute,
• compete fairly with other Architects, observe and uphold the Council's conditions of engagement and scale of charges, not supplant or attempt to supplant another Architect,
not prepare designs in competition with other Architects for a Client without payment or for a reduced fee (except in a competition conducted in accordance with the
Architectural competition guidelines approved by the Council),
• not attempt to obtain, offer to undertake or accept a commission for which he knows another Architect has been selected or employed until he has evidence that the selection,
employment or agreement has been terminated and he has given the previous Architect written notice that he is so doing : provided that in the preliminary stages of works, the
Client may consult, in order to select the Architect, as many Architects as he wants, provided he makes payment of charges to each of the Architects so consulted,
• comply with Council's guidelines for Architectural competitions and inform the Council of his appointment as assessor for an Architectural competition ,
• when working in other countries, observe the requirements of codes of conduct applicable to the place where he is working ,not have or take as partner in his firm any person
who is disqualified for registration by reason of the fact that his name has been removed form the Register under Section 29 or 30 of the Architects Act, 1972 ,
• provide their employees with suitable working environment, compensate them fairly and facilitate their professional development, recognize and respect the professional
contribution of his employees, provide their associates with suitable working environment, compensate them fairly and facilitate their professional development, recognize and
respect the professional contribution of his associates, recognize and respect the professional contribution of the consultants, enter into agreement with them defining their
scope of work, responsibilities, functions, fees and mode of payment ,
• shall not advertise his professional services nor shall he allow his name to be included in advertisement or to be used for publicity purposes save the following exceptions :-
(a) a notice of change of address may be published on three occasions and correspondents may be informed by post,
(b) an Architect may exhibit his name outside his office and on a building, either under construction or completed, for which he is or was an Architect, provided the lettering
does not
exceed 10 cm. in height ,
(c) advertisements including the name and address of an Architect may be published in connection with calling of tenders, staff requirements and similar matters,
(d) may allow his name to be associated with illustrations and descriptions of his work in the press or other public media but he shall not give or accept any consideration for
such appearances,
(e) may allow his name to appear in advertisements inserted in the press by suppliers or manufacturers of materials used in a building he has designed, provided his name is
included in an unostentatious manner and he does not accept any consideration for its use,
(f) may allow his name to appear in brochure prepared by Clients for the purpose of advertising or promoting projects for which he has been commissioned,
(g) may produce or publish brochures, pamphlets describing his experience and capabilities for distribution to those potential Clients whom he can identify by name and position ,
**(h) may allow his name to appear in the classified columns of the trade / professional directory and/or telephone directory/ website.
09
Types of Architectural firms
An architectural firm or architecture firm is a company which employs one or more Liscenced Architects and practices the profession of architecture. It was only in
the 19th century that architecture began to be practiced as a full-time profession. An architecture firm usually has at least one "principal," a licensed architect who is
the Sole Propritor of the firm, or one who shares an ownership interest with the other architects in the firm (either as a partner in a partnership, or as a shareholder
in a corporation).
Sometimes the title of principal is limited to owners who hold a certain percentage of ownership interest in a firm, or it may be expanded to include anyone with a
leadership role in a firm. Some firms may also use the title "principal-in-charge," which denotes an architect who oversees the firm's services in connection with a
specific project
Small firms with fewer than 5 people usually have no formal organizational structure, depending on the personal relationships of the principals and employees to
organize the work. Medium-sized firms with 5 to 50 employees are often organized departmentally in departments such as design, production, business development,
and construction administration. Large firms of over 50 people may be organized departmentally, regionally, or in studios specializing in project types. Other
permutations also exist. However, most firms consist of fewer than ten people-and many architects (like doctors) practice in one- or two-person offices. Many larger
firms do not design individual houses. Smaller firms are often in a better position to handle your needs if you are contemplating a residential or small-scale commercial
project
Advances in info.tech. have made it possible for some firms to open offices or establish alliances with other firms in different parts of the world. It is important to note
that increasingly developers in India and China are hiring US and European firms to work on local developments. This is often coordinated or sub-contracted by
architecture firms in these countries - in effect outsourcing work to the US and European firms
A firm might be composed of a variety of individuals at different points in their careers, but if they are all heading in the same direction, then their diversity becomes a
strength. Each employee and boss agrees on where the firm is heading and what is of value. There might be Pragmatists, Poets, Artists, and Builders. Or whatever
combination of archetypes. What matters is the direction of the vectors. All agree that the goal of the firm and the body of work point towards the same shared firm
vision
Role of Indian Institute of Architects
The Indian Institute of Architects (IIA) is the national body of Architects in India with more than 20,000
members. It was established in 1917 with its headquarters in Mumbai. It is associated with the International
Union of Architects (UIA) Commonwealth Association of Architects (CAA) and South Asian Association for
Regional Co-operation of Architects (SAARCH)
It was formed as an association made by the past students of Architecture of Sir JJ School of Arts, then
known as "The Architectural Students Association". On 3 August 1922, it was rechristened 'Bombay
Architectural Association', which got associated with the Royal Institute of British Architects in 1925, and in
1926 became a National body under a new name, 'Indian Institute of Architects' on 2 September 1929,
registered under the Societies Registration Act XXI of 1860 as a voluntary organisation of Architects.
The Institute plays a major role in promoting the profession of architecture by uniting the Architects of India
in fellowship under one umbrella, to promote the aesthetic, scientific and practical competence of the
profession - both in Education and Practice
10
Partnership firm
A partnership is an arrangement where parties, known as partners, agree to cooperate to advance their mutual interests. The partners in a partnership may be
individuals, businesses, interest-based organizations, schools, governments or combinations thereof. Partnerships present the involved parties with special
challenges that must be navigated unto agreement. Overarching goals, levels of give-and-take, areas of responsibility, lines of authority and succession, how success
is evaluated and distributed, and often a variety of other factors must all be negotiated. Once agreement is reached, the partnership is typically enforceable by civil
law, Partners who wish to make their agreement affirmatively explicit and enforceable typically draw up Articles of Partnership to be made public, such as through a
press release, a newspaper ad, or public records laws. to be made public, such as through a press release, a newspaper ad, or public records laws.
The major disadvantage of partnership is the unlimited liability of partners for the debts and liabilities of the firm. Any partner can bind the firm and the firm is liable
for all liabilities incurred by any firm on behalf of the firm. If property of partnership firm is insufficient to meet liabilities, personal property of any partner can be
attached to pay the debts of the firm. A written agreement is advisable to establish existence of partnership and to prove rights and liabilities of each partner, as it is
difficult to prove an oral agreement. Number of Partners is minimum 2 and maximum 50 in any kind of business activities
CORPORATE FIRM Or JOINT STOCK COMPANIES ( like a pvt.Ltd company or Public limited company)
A Corporate Firm / corporation, is a company or group of people authorized to act as a single entity (legally a person) and recognized as such in law. & your
company's stock would be traded by the public on an exchange . A corporation is, at least in theory, owned and controlled by its members. In a joint-stock company
the members are known as shareholders and each of their shares in the ownership, control and profits of the corporation is determined by the portion of shares in
the company that they own. Registered corporations have legal personality and are owned by shareholders whose liability is limited to their investment.
Shareholders do not typically actively manage a corporation; shareholders instead elect or appoint a board of directors to control the corporation in a fiduciary
capacity. Corporations can be "dissolved" either by statutory operation, order of court, or voluntary action on the part of shareholders. Insolvency may result in a
form of corporate failure, when creditors force the liquidation and dissolution of the corporation under court order. The Limited Liability Act 1855, which allowed
investors to limit their liability in the event of business failure to the amount they invested in the company - shareholders were still liable directly to creditors, but
just for the unpaid portion of their shares. (The principle that shareholders are liable to the corporation had been introduced in the Joint Stock Companies Act
1844). This was subsequently consolidated with a number of other statutes in the Companies Act 1862 An unlimited company or private unlimited company is a
hybrid company (corporation) incorporated either with or without a share capital (and similar to its limited company counterpart) but where the legal liability of the
members or shareholders is not limited & there is a low risk of insolvency
Private Company; A private company can be a corporation, a limited liability company, a partnership, or a sole proprietorship, as long as the shares are privately
held and not traded publicly. Private companies don't need shareholder approval for operational and growth strategy decisions made by the company, as long as
that is stated in their corporate documents.
Public Company; Public companies must inform shareholders about and get approval for the company's operations, financial performance, management actions,
and other decisions.
BUILDING - UP, A CLIENT BASE FOR ARCHITECTURAL PRACTICE:
Architects are offering a wide range of design and technical services in architecture, urban design and interior design. As well as developing new innovative and
practical building design solutions they , also specialize in the creative adaptation of existing buildings for today and the future. Their, professional and friendly team
ensure that working with Architects is an enjoyable and productive experience and & know that their clients and stakeholders are involved and engaged at all stages of
the design process. With office locations in many places ,they are well placed to serve their expanding client base and undertake projects providing services across a
variety of building industry sectors . Architects are securing Planning Approvals with close working relationships with Local Authorities across the country with fees
and services individually tailored to their client’s requirements, providing clear and easy payment terms. For their services
11
Architectural competitions as prescribed by Council of Architecture
Architectural Competitions have a long history, and have produced many extremely successful buildings. They attract great public interest,
and have led to the discovery of new talent and new ideas, that could only be found by throwing an architectural project wide open to
competition. The Council of Architecture Competition Guidelines provide a new up to date code that safeguards the interests of promoters
and of architects, and bring the system into line with present-day conditions
To many clients - the choice of an architect presents no difficulty, but to many others the choice is not easy. The client's desire to see the
sketch designs of several architects before he commissions him , is understandable, but to ask an architect to submit a sketch design is to
ask him to do the essential creative work for which he should be properly paid. If more than one or two architects are commissioned
payment to each would be expensive. Architects, however, are allowed to compete against each other without charging a fee in an open
architectural competition held under Council of Architecture Guidelines
Competition Guidelines as laid by the Council of Architecture protects and safeguards the interest of both the promoter and the
competitors. While ensuring the promoter a design of high standard, it also ensures that each competitor competes on like conditions and
within the same limitations
Architectural Competitions give the promoters a choice from the best viable project of high standard with a variety of approaches.
Competition brings out a wide range of ideas and concepts and gives the promoter the choice of selecting that which fits into his specific
requirements. One of the principal aims of the competition is to explore hidden talents among younger Architects. To many competitors, it
often is the first step to a successful career.
The guidelines therefore lay considerable emphasis on the mandatory requirement of Assessors and the qualifications.
The appointment of the Assessors should therefore be the immediate and first step the moment the promoter decides to go in for a
competition. The Council of Architecture, if so requested by the promoter, may suggest a panel of names experienced in this type of project
proposed, for appointment as Assessors. Their responsibilities commence with the approval of the brief of the competition project. The
Assessor may even help to prepare the brief.
The Assessors (or the Senior Assessor) will: 1. Assist in the preparation and approval of the brief. 2. Study and understand the
requirements of the Local Authorities 3. Visit and examine the project site, if necessary. 4. Advise on the appointment of the Technical
Advisers, if necessary. 5. Finalise the competition conditions. 6. Prepare the final report/award
The project brief is the most important document. The success of the competition will depend upon the clarity and the
completeness of the brief. This can be achieved by a very close cooperation between the Promoters and the Assessors
(or the Senior Assessor) in the preparation and finalization of the brief
12
Types of competitions
13
Accounting methods,
Service tax & Gats
Re: What is meant by tax and service tax
TAX:
A fee charged ("levied") by a government on a product, income, or activity. If tax is levied
directly on personal or corporate income, then it is a direct tax. If tax is levied on the price
of a good or service, then it is called an indirect tax. The purpose of taxation is to FINANCE
government expenditure. One of the most important uses of taxes is to finance public goods
and services, such as street lighting and street cleaning. Since public goods and services do
not allow a non-payer to be excluded, or allow exclusion by a consumer, there cannot be a
market in the good or service, and so they need to be provided by the government or a
quasi-government agency, which tend to finance themselves largely through taxes.
SERVICE TAX
Service Tax is a form of indirect tax imposed on specified services called "taxable services".
Service tax cannot be levied on any service which is not included in the list of taxable
services. Over the past few years, service tax been expanded to cover new services. The
objective behind levying service tax is to reduce the degree of intensity of taxation on
manufacturing and trade without forcing the government to compromise on the revenue
needs. The intention of the government is to gradually increase the list of taxable services
until most services fall within the scope of service tax. For the purpose of levying service
tax, the value of any taxable service should be the gross amount charged by the service
provider for the service rendered by him.
What is the present service tax?
it is 10 % on income earned from services provided beyond Rs.6 lakhs per annum
GATS; The General Agreement on Trade in Services (GATS) is a treaty of the World Trade Organization (WTO) that entered into force
in January 1995 as a result of the Uruguay Round negotiations. The treaty was created to extend the multilateral trading system to
service sector, in the same way the General Agreement on Tariffs and Trade (GATT) provides such a system for merchandise trade.
GATS is to remove barriers to trade, members are free to choose which sectors are to be progressively "liberalised", i.e. marketised
and privatised, which mode of supply would apply to a particular sector, and to what extent liberalisation will occur over a given
period of time.
Legal obstacles to services trade can have legitimate policy reasons, but can also be an effective tool for large scale corruption
Acounting methods: Architectural firms need to have good records due to possible
litigation; but more importantly, they need to know the status and profitability of each
job that they work on to make good business decisions. Therefore, the job files and other
records are normally well kept. Missing or incomplete job files are strong indicators of
possible unreported income, which would require an expansion of the audit
In India, Professional tax is imposed by various states. It is imposed on business owners,
working individuals, merchants and people carrying out various occupations.Cash Receipts and Disbursements Method of Accounting
Generally, architects and landscape architects are
permitted to select the cash or accrual methods of
accounting. They are not permitted to use the completed
contract method of accounting or the percentage-of-
completion method of accounting.
Generally, the "cash method" of accounting is an
acceptable method of accounting. However, there are
limitations on when this method can be used.
The general rule requires an item to be included in income
(whether in the form of cash, property or services) in the
taxable year when actually or constructively received and
permits a deduction for an expense in the taxable year
when paid. However, if an expenditure results in the
creation of an asset having a useful life which extends
substantially beyond the close of such taxable year, such
expenditure may not be deductible, or may be deductible
only in part, for the taxable year in which made.
Income may be actually or constructively received. If the
taxpayer receives a check from a customer in Year 1 but
does not deposit or cash it until Year 2, it is included in
income in Year 1, when actually received. Constructive
receipt occurs when the taxpayer has the unrestricted
access to income that has been earned.
14
Construction Management
Construction Manager Vs. Architects: What's the Difference?
Although construction management and architectural design both play a significant role in the building of residential homes, office
buildings and apartment houses, there are many differences between the two disciplines. Education, training and licensure are just a
few of those differences. He knows how to manage the construction process and coordinate the skilled trades necessary to
complete a project.
Construction managers coordinate and schedule design and construction processes in the building of office complexes, residential
homes and industrial structures. A construction manager approves and hires specialty contractors for certain operations, such as
plumbing, electrical wiring and framing. Construction managers usually work on a project from conception to completion. On large
projects, they may be responsible for only one segment of the operation.
Architects are Master builders : Throughout ancient and medieval history, most architectural design and construction was carried
out by artisans—such as stone masons and Carpenters rising to the role of master builder. Paper was not used in Europe for
drawing. Pencils were used more often for drawing by 1600. Until modern times there was no clear distinction between architect
and Engineer, who designed buildings and structures that not only look good but are safe, energy efficient and functional. An
architect works with a client to set the parameters of the construction, such as construction objectives, budget and requirements of
the structure. They often do pre-construction assessments to determine the feasibility of the project and any environmental impact
the structure might have. When the pre-construction assessment is complete, an architect will then develop the final construction
plan, including construction details and building appearance
15
Role of Project Manager in complex projects
Purpose
This aspect present a general review of the practical implications of building information modelling (BIM) based on literature and case studies. It seeks to address the necessity for applying
BIM and re‐organizing the processes and roles in hospital building projects. This type of project is complex due to complicated functional and technical requirements, decision making
involving a large number of stakeholders, and long‐term development processes. the main factors for a successful collaboration using BIM, which can be recognised as “POWER”:
product information sharing (P), organizational roles synergy (O), work processes coordination (W), environment for teamwork (E), and reference data consolidation (R).
IMPROVING PERFORMANCE EI-Framework used for PM’s work
Introduction;
The perennial and troublesome problem in construction industry for PM’s is to
improve project Performance (PP) and the implications of the pm’s competencies
becomes one of the key issues. The Emotional Intelligence factor (EI) is relatively
new approach in the construction industry. Large & Complex projects place
additional emphasis on PM’s need for EI. Because of the unique characteristics
such as Complexity of personnel to be employed, multiplicity of goals to be
achieved, Intensive Capitol to be used, Strong uncertainty of Activities, difficulty
in coordinating with stakeholders, etc,.
Generally in smaller/ medium sized projects PM’s may achieve project success
eventually through the good use of Technical knowledge & IQ. Though their EI
levels are relatively Low. By comparison, In large construction’s many breakdowns
occur & raises questions of competence
16
The root cause of disputes & complaints aganist Architects is often an
incomplete understanding of the Architects role & responsibilities in Design,
Planning & Construction process. If insufficient data is provided incorrect
assumptions can can affect Architects duties in a project.
Special services or arrangements may be individually negotiated by the
Architect with his client for offering all required services
Understanding the Client - Architect - Contractor Relationship
A successful, efficient project considers the client's needs, their well being,
and their budget. The Client, The Architect, and the Contractor have very
specific and necessary roles
The Client – have specific goals, expectations and a budget that is in
alignment with these goals and expectations.
The Architect – must guide the client, propose reasonable, sustainable
design solutions, and provide accurate detailed drawings. These must meet
the client's requirements as well as applicable building codes and zoning
criteria. The finalized construction documents will become the client’s
contract with the contractor.
The Contractor – must be a responsible craftsman with expertise and the
experience necessary to manage the trades and to build the project as
designed and documented. As with a 3-legged stool, all of the three parties
must work together in concert. They must maintain open dialogue and be
able to troubleshoot as a team in order to respond to unforeseen issues or
client-initiated changes. Limiting or eliminating any of these components
will leave the client with a compromised solution.
Ultimately, the Client has two contracts, one is between the Owner and the
Architect and the other is between the Owner and the Contractor. The
Architect works for the Owner during the Construction Phase to Observe
that the Construction Documents are being interpreted correctly. The
Architect advocates for the Owner. Beware of the Contractor that does not
want an Architect involved. Remember, the Architect works for the Owner
to see that the investment in the Contract Documents--also known as
Drawings and Specifications, is realized. This "Three Legged Stool" model
also creates "checks and balances" that have been the successful
precedence for many of the projects
Client - Architect - Contractor
Roles and Relationship
Client - Architect - Contractor Relationship
in complex present day buildings
As new needs and technology have emerged traditional
boundaries between different professionals, have
created interdisciplinary work environments & provide
holistic perspectives for innovative solutions Further the
digital innovations have changed institutional roles &
forms of interaction and relations across a wide range
of contexts. Understanding the conflicting interests
,areas of skill, expertize, jurisdiction & status has
become very critical.
There is a growing body of research & the use of
Building formation modeling (BIM) on the role of
construction professionals for collecting Data & the role
of Architects & their interactions might change the
implementation of BIM in the construction process
organizations.
BIM is still a slippery concept with CAD & related Data
to a broader one across the life cycle of the building
design method of National Inst of Building Science
(NIBS) as BIM changes the roles and relationships of
projects participants & will lower the costs & time
required for construction of property.
17
CONTRACT Principles of contract;
Contract: An agreement between two or more parties to perform or to refrain from some act now or in the future. A legally enforceable
agreement.
• Unilateral Contract: A unilateral contract arises when an offer can be accepted only by theofferee’s performance
• Bilateral Contract: A bilateral contract arises when a promise is given in exchange for a promise in return
• Agreement: One party must offer to enter into an agreement, and the other party must accept the terms of the offer
• Consideration: Something of value received or promised, to convince a party to agree to the deal;
• Contractual Capacity/ competent parties: Both parties must be competent to enter into the agreement;
• Legality: The contract’s purpose must be to accomplish some goal that is legal and not against public policy;
• Genuineness of Assent (Arguably part of agreement): The apparent consent of both parties must be genuine; and
• Form: The agreement must be in whatever form (e.g., written, under seal, etc.) the law requires
• The vast majority of contracts are informal (without a seal)
Various issues in construction process:
1.The constructio’n industry is plagued with poor image & reputation 2. Design changes affect construction. Many times over specifications proves costlier &
unnecessary 3. Late payments are a factor of Importance which affect for delays & qualitativeness. 4. Time restraints & reliance on competitive tendering procedures
affect qualitative progress of work 5. A long term strategic planning will always helps good qualitative & sustainable construction.6. Absentism of Labor affects
completion in time and results in cost over runs. 7. Low plant overruns for equipment's brought for work, affects cost aspects as heavy use age charges are paid
affecting contractors profit. 8. Inexperienced management & supervision with poor workmanship affects qualitativeness of construction. 9. Tendering problems creates
a an atmosphere of hard bargaining which is not conducive for good relationship. 10. Tender periods are very short & puts bidders under preasure to meet deadlines
often resulting in errors in costing & high levels of risk.as they are not involved in design stage.
18
1. TENDER PREPARATION- TENDERING- TENDER EVALUATION
2. FEASIBILITY STUDY- DESIGN TENDER - TENDER PREPARATION
3. THE TENDER PROCESS; Thinks of Project Definition and Scoping Selection
Process For Tenderers Tender Documentation Criteria for Selection
4. THE TENDER PROCESS CALL FOR TENDERER TENDER MEETING AMENDMENTS
TO TENDER DOCUMENT SUBMISSION AND CLOSING OF TENDER
5. TENDER PROCESS- TENDER ANALYSIS -TENDER CLARIFICATION- TENDER
SELECTION & AWARD
6. TENDER ANALYSIS analyses work experience, completion period
Price affordability of the company (finance, personnel etc.) Ongoing
projects Adequacy of the tender conditions
7. CRITERIA adopted for SELECTION ; COFORMITY –CAPABILITY- INNOVATION
PRICE for CONSTRUCTION PERIOD
8. TENDER REJECTION Non-compliance with tender conditions- -details not
completed - -Tender price too high / tender price is too low - - lot of work in
progress -- insufficient financial capability--- unsatisfactory work records
ISSUES INVOLVED IN TENDER PROCESS in big projects.
19
What is Tendering?
Tendering is the process of making an offer, bid or proposal, or expressing interest in response to an invitation or request for tender. Organizations will seek and will
select an offer or tender that meets their needs and provides the best value for money. Tender request documents; also referred to as invitations to tender, Requests
for Tender (RTF), Requests for Proposal (RFP) etc outline what is required, that is, what the requesting organization’s needs are. These documents also outline the
particular requirements, criteria, and instructions that are to be followed. Future tenders are generally widely advertised to offer opportunities to a number of
suppliers, encourage competition and provide a greater pool of offers to select from. Interested suppliers will then prepare a tender; the documents that outline the
offer that they are making, and will include pricing, schedules as well as their eligibility for the project or procurement. They will outline their advantage over
competitors; provide information on qualifications, competencies and experience.
The submitted tenders are then evaluated with regard to defined criteria. In a normal tendering situation, this process should be conducted fairly and honestly, and in
a manner that is free from bias or favour. The offer that best meets all of the requirements outlined in the request, and provides value for money should win the
contract.. Tendering is utilised by: Government departments, offices and agencies ,Private sector companies and businesses , Non Government Organizations ,
Overseas markets and businesses When becoming involved in a tendering process, it is important to understand your business' suitability for the project; whether
your business' current situation will allow for you to tender, as well as your ability to manage the contract if you are successful in winning the tender.
Government Tendering provide a significant market opportunity for businesses. to ensure that the process is conducted in accordance with ethical, fair and
transparent practices. As the Government is accountable to tax-payers and the society, they ensure that the tendering process is equitable and non-discriminatory.
The core principle in Government tendering and procurement is achieving value for money. This does not just refer to offering the lowest price or best offer. Private
Sector Tendering There has been an increasing move in recent times. And the types, range and amount of products and services they seek are vast and differing, thus
offering opportunities to a wide range of businesses., as well as having a greater choice in selecting a supplier that offers value for money. However, the private sector
has the luxury of having a much more flexible tendering process, in comparison to the public sector (government). As the requirements of transparency and
accountability greatly differ between the two groups, private sector companies are not required to have such stringent and prescriptive procedures. Without such
tight constraints, the private sector can often make the process simpler and more flexible, and tenderers generally have fewer requirements to adhere to when
submitting a tender.
Quality, reliability, efficiency, and added value are important factors in any tender offers that are sought after when evaluating tender submissions. Other factors
include. Authenticity and insight Does the bidder have genuine, substantiated knowledge and experience of the sectors of activity in which the business is engaged &
Is there a sense that this bidder is the one best placed to work with the client in a productive team effort Risk and professional accountability:. Has the bidder taken
account of the risks associated with innovation Flexibility and responsiveness: Does the bid communicate a readiness to ‘go the extra mile' to provide maximum value
in meeting the client's requirements, and a willingness to adapt methods and procedures in response to unforeseen changes in the requirements of the contract?
Overseas tendering Tendering for overseas contracts can be attractive for businesses however may well prove challenging due to the number of difficulties involved
in the process. It is important to therefore approach overseas tenders with caution and develop an understanding of potential difficulties in areas such as;
communication, differing jurisdiction/legal considerations, added costs, and a lack of knowledge and understanding of international markets.
Tender process The seven main steps in the tender process: 1. Tender process is determined: The organization requesting the tender will determine the type of
tender that will be used, as well as what will be involved in the tender process. For more information, see Types of tender opportunities.
There are four main types of tender opportunities. These include: Open Tendering: An open tendering process is an invitation to tender by public advertisement.
There are no restrictions placed on who can submit a tender, however, suppliers are required to submit all required information and are evaluated against the stated
selection criteria. Select Tendering: A select tender is only open to a select number of suppliers. The suppliers may be a short list sourced from an open tender or be a
compilation of businesses that the organization has worked with previously.
Multi-stage Tendering: Multi-stage tendering is used when there are a large number of respondents. At each stage in the process, the suppliers are culled to those
who are most suited to the specific contract requirements.
20
EMD (earnest money deposit) payment
earnest money is paid on the basis of certain terms and condition. with the remainder due at a particular time. If the contract is breached
by failure to pay, then the earnest payment is kept by the recipient as pre-determined (liquidated) or committed damages
For contractors whose EMD have been forfeited , (A penalty for a fault or mistake that involves losing) hey are not eligible to participate
for the period of one Year from the date of tender opening.
Retention money :
Retention is an important aspect of managing a construction project. ... The money held back is the retention, typically 5-10% of the total
contract Cost on a construction job, The owner will receive invoices each month from architects, engineers, and the general contractor. The
contractor should show the amount of work completed, and then request payment for only 90-95% of that amount. The money held back
is the retention, typically 5-10% of the total contract price. (There are often two levels of retention on a project. The owner, will withhold retention from the general
contractor. The general contractor, in turn, withholds retention from each of his subcontractors.)
When a contractor completes a project there are usually a few items that need fixing. These items are compiled into a list called a punch
list. To get retention release, contractors have to complete their punch list as well.
In other words, retention is a tool that allows a project owner to withhold some payment to contractors until the entire project is complete
and a certificate of completion or certificate of occupancy has been granted by the local authorities. Once this completion has been
granted, the owner typically has 30 days to release retention amount to the contractor.
Security deposit
A security deposit is a sum of money held in trust either as an initial part-payment in a construction process in addition to the EMD paid
earlier by contractor. As this amount is quite heavy and as the construction is also under way for completion, the security deposit is
normally collected in the form of Retention money from all stage payments made to the contractor. The same is to be released after the
completion of the project by the owner.
Mobilization fund;
Construction firms are always faced with the huge burden of securing funds for executing works on contracts. The concept of mobilizing
advance payment is an important mechanism. Used to overcome contractors financial problems.
Mobilization is a monetary payment made by the owner to contractor for initial expenditures in respect of site mobilization & a fair
proportion of job preliminaries.
21
TYPES OF CONTRACT :
Construction contract is the warranty that the executed job will receive the specific amount of compensation or how the compensation will be distributed.
There are a several types of construction contracts
Construction contracts types are usually defined; by the way, the Compensation is going to be made like Lump Sum or Fixed Price or Item rate contracts which may
be Cost Plus Contracts or Time & Material
Fixed Price or Lump Sum
This type of contract involves a total fixed priced for all construction related activities. Lumpsum contracts can include incentives or benefits for early termination, or
can also have penalties, called liquidated damages, for a late termination. Lump Sum contracts are preferred when a clear scope and a defined schedule has been
reviewed and agreed upon.
Cost Plus Contracts (Item rate contracts)
This type of contract involves payment of the actual costs, purchases or other expenses generated directly from the construction activity. Cost plus contracts must
contain specific information about certain pre-negotiated amount (some percentage of the material and labor cost ) covering contractor’s overhead and profit. Costs
must be detailed and should be classified as direct or indirect costs. There are multiple variations for Cost plus contracts and the most common are:
Cost Plus Fixed Percentage ; Cost Plus Fixed Fee ; Cost Plus with Guaranteed Maximum Price Contract ; Cost Plus with Guaranteed Maximum Price and Bonus Clause.
Time & Material contracts are usually preferred if the project scope is not clear, or has not been defined. The owner and the contractor must establish an agreed
hourly or daily rate, including additional expenses that could arise in the construction process. The costs must be classified as: direct, indirect, mark-up, and overhead.
Sometimes the owner might want to establish a cap or specific project duration to the contractor that must be met, in order to have the owner’s risk minimized
COTRACT documents ; They are one of the most important pieces that will guarantee of a successful project. This list contains the most common documents that must
form part of every construction contract.
In addition to this list, there are other numerous contract support documents that can be used in combination with the standards documents. For example: Instruction
Forms ; Time Extension Claim ; Request for Information ; Preliminary Building Agreement ; Progress Payment Certificate ; Practical Completion Notice ;
Defects Document; Contract Information Statement
1. Agreement; The most essential part of the contract documents.
2. General Conditions This contract document will define the obligations and rights on how to execute the project
3. Special Conditions This is usually an extension of the contract and to the general conditions. This part must specify specific conditions and
clauses to each particular project or job.
4. Bill of Quantities This is formed by the list of diverse trades, and materials included that form part of the construction. Sometimes this
document is not required by the contracting officer.
5. Drawings ; All set of drawings that form part of the job to be performed. These drawings are usually the latest drawings and must be
received by the contractor prior to the date of commencement. It must include all drawings from consultants, and will constitute the entire
project being contracted.
6. Specifications; The technical requirement to complete, execute and/or perform every little task or material being incorporated in the
construction projects. It will add intelligence to the construction drawings ; specify common standards, deviations accepted, materials
accepted and the required testing for all materials. Usually, specifications are composed by referencing construction standards and codes
7. Schedules ; The construction schedule is an important piece of the document. In this part, the contracting office will know how and when the project will be
completed. Sometimes,contracts will require updated schedules throughout the construction progress, and might form part of the monthly, or agreed
term, application for payment
8. Pricing Schedules; Breakdown of all items being incorporated in the const’n proj. This is usually the base of the application for payment It can be detailed per item
or in a lump-sum form not specifying individual items.
9. Insurances; This provide the guarantee to the owner that the contractor has the means and the economic backup toperform the construction contract.
22
Tender stage;
tender stage in public projects can be subdivided under 4 headings
1. prep of tender document
2. inviting & opening of tender
3. pre-qualification of tenderer’s
4. evaluation & award of work
Preparation of tender document: The tender after acceptance & signing
becomes the CONTRACT.- a legal doc. An ambiguous agreement leads to
poor contract performance & litigations. It also gives an opportunity to a
contractor to make profit out of ambiguous conditions. It has been
observed that the Tender documents are prepared in a hurried manner
without checking the conformity among the scheduled items of drawings,
specifications and contract conditions etc,. This generally happens due to
the reason that different parts of the tender documents such as Schedule of
quantities, specifications, drawings & general conditions prepared by
different people are compiled without co-relating them. Sometimes they
are copied from old tenders without giving a thought to the applicability of
the conditions to the work in question.
A few examples highlight some deficiencies in the preparation of tender
document is described below to prevent the deficiencies
• Adopt updated standard bidding document
• Ensure conformity among nomenclature of items, specifications,
drawings, General & special Conditions.
• Avoid stipulating such conditions in the contract which are not feasible to
be operated
• Stipulate Performance, Guarantee clause to eliminate non serious
bidders.
• Conduct Pre-Bid meeting a) To bring Clarity regarding the spirit of various
provisions & b) To bring necessary modifications, if required, Make minutes
of the meeting as part of Agreement.
• Provide Clauses to deal with ambiguous provisions in the tender
document submitted to contractor with any order of precedence (to explain
correctly)
• Stipulate all prevailing govt. policy orders such as purchase preference
policy, Customs exemptions for materials to be imported etc,.
• Provide enough safeguards against mis-use of mobilization advance.
Inviting & Opening of Tenders;
The award of the public contracts through open tender is to ensure a transperency in
public procurement to maximise economy & efficiency in public procurement to
promote healthy competition among tenderer’s & to provide fair & equal treetment
to all the tenderer’s & to eliminate irregularities, interfearence & currupt practices by
authorities concerned. This is also required by the article 14 of the constitution of
India.
Normally three modes of tendering are adopted. Namely,
• Open tendering ( for all public projects)
• Closed or Limited Tendering ( for Private projects )
• Single Tender on Nomination Basis ( for works of Specialized nature visualized in both Private /
Public Tenders.)
In an open tender, bids are invited giving wide and adequate publicity. This is the most
preferred mode of Tendering.
In the case of small value of works, Urgent Works, and in case where a few bidders are
available in the market, limited tenders from such bidders who have been empanelled
are invited. In case of Limited Tenders, the empanelment should be done in a
transparent way & updated periodically.
Award of Contract on nomination basis, which is also called as a single tender is to be
resorted to only under exceptional circumstances such as natural calamities, &
emergencies or there were no bids to repeated tenders or only where one supplier
has been licensed ( a Proprietary item ) in respect of goods sought to be procured
23
Tender notice
Notice
Type
: Domestic
Tender Notice
Product /
Services
: Building
Construction
Tender
Value
: Rs. 31.82 Lakhs
EMD : Rs. 50,000
Doc Sale
Starts
: 29-Jun-2015
Doc
Submit
Before
: 10-Jul-2015
Due Date : 13-Jul-2015
Notice
Type
: Domestic
Tender Notice
Authority
Type
: State Govt
Product /
Services
: Building
Construction
Tender
Value
: Rs. 34.00
Crores
EMD : Rs. 44.00 Lakhs
Document
Fees
: Rs. 10,000
Doc Sale
Starts
: 15-Jun-2015
Doc Sale
Ends
: 05-Jul-2015
Doc Submit
Before
: 08-Jul-2015
Due Date : 08-Jul-2015
Tenders Are Invited For Construction Of Building In Anmmch (At Gaya BIHAR. State)
Additional Details Available on Purchase:
24
Question bank
1. Describe the chronology of events/processes in your operation for each type of job
2. Do you use a standard contract in your business? (If "no," explain what is used)
3. Does your professional liability insurance company require a listing of all or some of your jobs?
4. What types of expenses are reimbursed by your clients? How are the reimbursements accounted for?
5. What overall method of accounting do you use for tax? For books?
6. How and when are customers billed during the jobs?
7. What types of subcontractors do you use? How are subcontractors/vendors selected?
Do you enter into contracts with subcontractors? How their fees determined ?
8. Do subcontractors provide their own material or do you purchase it for them?
9. Construction Manager Vs. Architects: What's the Difference?
10. Highlight the issues related to architects Fee & stages of collection
THANK YOU & WITH BEST WISHES
FOR A HAPPY LEARNING
25

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Architecture legal and state interventions

  • 1. DAYANAD SAGAR ACADAMYOF TECHNOLOGY & MANAGEMENT Bangalore 560082 Professional Practice – I As prescribed by the Visvesvaraya Technological University Syllabus For the B.Architecture Degree course By K.S.Mukunda Prof Emirates. DSATM Bangalore Jul-2015 Architecture in a place has legal & and state governamental interventions 01 In the architectural profession, technical knowledge, management, and an understanding of business are as important as design
  • 2. 09 arc 7.4 Professional practice - Visvesvaraya Technological University Syllabus 02
  • 3. Some important Definitions Trade; People who perform a particular kind of skilled work, The skilled practice of a practical occupation Business: The activity of providing goods and services involving financial and commercial and industrial aspects with a rightful concern or responsibility, Profession; An occupation requiring special education with Tenets Doctrine; A belief (or system of beliefs) accepted as authoritative. A religious doctrine that is proclaimed as true without proof (Tenet; it’s a religious Doctrine) Liabilities; The state of being legally obliged and responsible, At risk of experiencing something usually unpleasant, Subject to legal action (likely to be affected with) Duties; Work that you are obliged to perform for moral or legal reasons, ----"the duties of the job“, ----"we must instill a sense of duty in our children“. The social force that binds you to the courses of action demanded by that force Responsibilities; The social force that binds you to the courses of action demanded by that force,; "every right implies a responsibility; every opportunity, an obligation; every possession, a duty“- the trait of being answerable to someone for something or being responsible for one's conduct Code: A set of rules, principles or laws (especially written ones) Etiquette; Rules governing socially acceptable behavior Ethics; The principles of right and wrong that are accepted by an individual or a social group. Conforming to accepted standards of social or professional behavior Negligence: Failure to act with the prudence that a reasonable person would exercise under the same circumstances. It amounts to failure to take reasonable amount of care for offering the desired professional services and can results in deficient service for legal action in the performance of duties . An Architect is responsible for Negligent act. Tender: Offer or present for acceptance. Its also known as BID, Someone who attends to the needs of another Contract; A binding agreement between two or more persons that is enforceable by law, Engaged by written agreement Negotiations; A discussion intended to produce an agreement. The activity or business of negotiating an agreement; coming to terms Incompetence; Lack of physical or intellectual ability or qualifications & Inability to function properly 03
  • 4. Architects - Profession & Background • An architectural business may provide a variety of services to their clients. These services generally include consultation, design, and supervision of design of commercial, governmental, and residential structures or buildings. The plans, specifications, and other related documents that are produced in the design phase are called construction documents. • People need places in which to live, work, play, learn, worship, meet, govern, shop, and eat. Architects are responsible for designing these places, whether they are private or public; indoors or out; rooms, buildings, or complexes. • Architects are licensed professionals trained in the art and science of building design who develop the concepts for structures and turn those concepts into images and plans. • Architects create the overall look of buildings and other structures. Buildings also must be functional, safe, and economical and must suit the needs of the people who use them. Architects consider all these factors when they design buildings and other structures. • Architects may be involved in all phases of a construction project, from the initial discussion with the client through the final delivery of the completed structure. Their duties require specific skills - designing, engineering, managing, supervising, and communicating with clients and builders. Architects spend a great deal of time explaining their ideas to clients, construction contractors, and others. • The architect and client discuss the objectives, requirements, and budget of a project. In some cases, architects provide various predesign services: conducting feasibility and environmental impact studies, selecting a site, preparing cost analysis and land-use studies, or specifying the requirements the design must meet. For example, they may determine space requirements by researching the numbers and types of potential users of a building. The architect then prepares drawings and a report presenting ideas for the client to review. • After discussing and agreeing on the initial proposal, architects develop final construction plans that show the building's appearance and details for its construction. Accompanying these plans are drawings of the structural system; heating, ventilation and air conditioning systems (HVAC); electrical systems; communications systems; plumbing; and, possibly, site and landscape plans. The plans also specify the building materials and, in some cases, the interior furnishings. In developing designs, architects follow building codes, zoning laws, fire regulations, and other ordinances, such as those requiring easy access by people who are disabled. Computer-aided design and drafting (CADD) and building information modeling (BIM) technology has replaced traditional paper and pencil as the most common method for creating design and construction drawings. Continual revision of plans on the basis of client needs and budget constraints is often necessary. • Architects may also assist clients in obtaining construction bids, selecting contractors, and negotiating construction contracts. As construction proceeds, they may visit building sites to make sure that contractors follow the design, adhere to the schedule, use the specified materials, and meet work quality standards. The job is not complete until all construction is finished, required tests are conducted, and construction costs are paid and a Certificate of Occupancy has been issued. Sometimes, architects also provide post construction services, such as facilities management. They advise on energy efficiency measures, evaluate how well the building design adapts to the needs of occupants, and make necessary improvements. • Often working with engineers, urban planners, interior designers, landscape architects, and other professionals, architects spend a great deal of their time coordinating information from, and the work of, other professionals engaged in the same project. • They design a wide variety of buildings, such as office and apartment buildings, schools, churches, factories, hospitals, houses, and airport terminals. They also design complexes such as urban centers, college campuses, industrial parks, and entire communities. • Architects sometimes specialize in one phase of work. Some specialize in the design of one type of building—for example, hospitals, schools, or housing. Others focus on planning and predesign services or construction management and do minimal design work. • There is an increase in demand for architects with knowledge of ‘green' design. Green design, also known as sustainable design, emphasizes the efficient use of resources such as energy and water, waste and pollution reduction, conservation, and environmentally friendly design, specifications, and materials. Rising energy costs and increased concern about the environment has led to many new buildings being built ‘green.' • Architects spend most of their time in offices consulting with clients, developing reports and drawings, and working with other architects and engineers. However, they often visit construction sites to review the progress of projects. • Architectural firms sometimes outsource the drafting of construction documents and basic design for large-scale commercial and residential projects to architecture firms overseas. In the architectural profession, technical knowledge, management, and an understanding of business are as important as design 04
  • 5. • Participants in the Construction Industry • There are numerous participants that take part in the construction process. The key participants are listed below and are discussed in depth • Contractors • General/Prime Contractors • Construction Managers • Commercial Contractors • Commercial Project Owners • Residential Construction Developers • Subcontractors • Highway Contractors • Heavy Construction Contractors • General Architects • Landscape Architects • Engineers • Material Suppliers • Construction Lenders • Surety Companies • Each of the above participants can and often do have multiple roles in the construction process. For example, the owner could also be the general contractor (builder/developer). The general contractor in addition to providing supervision may also do specialty work that would typically be subcontracted (for example, concrete work). Construction lenders frequently hold an equity position in a development partnership in order to participate in the management decisions and to share in the profits. Anchor tenants, such as major department store chains participate in the development partnership in exchange for signing long-term leases. Contractors and material suppliers can obtain rights in the project by filing mechanics liens against the property. • The Contracting Process • When the owner/client determines that the project is feasible and that construction financing is available, the owner will solicit bids from general contractors and/or specialty contractors. Owners will use trade publications and newspapers to invite contractors to bid for the construction contract. The notice will provide the contractors with the procedures to be followed in submitting a bid. • The bidding contractor obtains a copy of the plans and specifications prepared by the architect from the owner to prepare for the formal bid. The bidding contractor solicits bids from subcontractors, estimates direct material and labor costs, and evaluates the ultimate profit potential of the contract. The amount of the bid covers the estimated costs and profit for the construction project. • The owner evaluates the submitted bids and will award the contract to the successful bidder. The contract document contains the contract amount, project start and completion dates, progress billing procedures, insurance requirements, and other pertinent information. • In many cases, the landscape architect will oversee the bidding process on behalf of the project's owner for landscape site work that does not include extensive roadway or building work. The owner typically will then evaluate the bids after receiving review and recommendations by the landscape architect. • A few architectural firms will act as the general contractor. These general contractors make bids on the project (as described above). The architect reviews the bids and recommends one or more of the general contractors to do the job. The owner/client selects and contracts with the general contractor(s) of their choice. There may be more than one general contractor selected for different phases of the project. 05
  • 6. Types of services offered by Architects & scale of fees The professional service s, rendered by Architect means the services rendered pursuant to the conditions of engagement and the agreed scale of charges entered into between the Client and the Architect .in their agreement. “Service”, under the consumer protection act, means service of any description which is made available to potential users & includes the provision of facilities in connection with banking , financing insurance, transport, housing construction etc ,. But does not include the rendering of any service free of charge. Professional service by an Architect , falls under the ambit of “Service” and service tax has to be paid for his services by the client. Architects have to comply with professional conduct , and etiquette and code of ethics of the Architects regulations 1989 , violations of any of the provisions shall constitute professional mis-conduct. Architecture is primarily the art & science of designing spaces for multifarious activities ,where various engineering services are rationally combined with Architecture’s basic element s of Space ,Structure & Form. In its broadened scope & baffling complexity, Architecture has generated specializations such as Structural Design , Urban Design ,Landscape Architecture, Interior design , The Recent specializations also include Retrofitting of buildings, Architecture conservation & Construction Management. Architectural design is essentially a product of an individual mind but realized through association of experts from allied fields who contribute in the process of construction for ensuring the high quality of the end product. The practice of the Architecture profession is regulated by the Architects Act 1972.The Council of Architecture has prescribed the conditions of engagement and scale of charges under the Architect’s professional conduct regulation 1989. Comprehensive Architectural Services on any undertaken project 1. SCOPE OF WORK The Architect is required to provide services in respect of the following : 1.1 Taking Client's instructions and preparation of design brief. 1.2 Site evaluation, analysis and impact of existing and / or proposed development on its immediate environs. 1.3 Design and site development. 1.4 Structural design. 1.5 Sanitary, plumbing, drainage, water supply and sewerage design. 1.6 Electrical, electronic, communication systems and design. 1.7 Heating, ventilation and air conditioning design (HVAC) and other mechanical systems. 1.8 Elevators, escalators, etc. 1.9 Fire detection, Fire protection and Security systems etc. 1.10 Periodic inspection and evaluation of Construction works. Until the completion of project. Generally, the general architectural firm may be paid about 10 percent of the project cost for small jobs. For larger jobs, the percentage may drop to 4 percent or 5 percent of the project cost 06
  • 7. Scale of Fees & Charges SCHEDULE OF PAYMENT : The Architect shall be paid professional fee in the following stages consistent with the work done plus other charges and reimbursable expenses as agreed upon : Retainer On appointment/ Signing of Agreement/ Acceptance of offer@ 5% of the total fees payable, or 10,000/= whichever is higher, adjustable at the last stage. Stage 1 On submitting conceptual designs and rough estimate of cost. 10% of the total fees payable. Stage 2 On submitting the required preliminary scheme for the Client's approval along with the preliminary estimate of cost. 20% of the total fees payable less payment already made at Stage 1. Stage 3 On incorporating Client's suggestions and submitting drawings for approval from the Client/ statutory authorities, if required . Upon Client's / statutory approval necessary for commencement of construction, wherever applicable.30% of the total fees payable less payment already made at Stages 1 and 2. 35% of the total fees payable less payment already made at Stages1 to 3a. Stage 4 Upon preparation of working drawings, specifications and schedule of quantities sufficient to prepare estimate of cost and preparation of tender documents. 45% of the total fees payable less payment already made at Stages1 to 3a. Stage 5 On inviting, receiving and analyzing tenders; advising Client on appointment of contractors. 55% of the total fees payable less payment already made at Stages 1 to 4. Stage 6 On submitting working drawings and details required for commencement of work at site. On completion of 20% of the work On completion of 40% of the work On completion of 60% of the work On completion of 80% of the work On Virtual Completion 65% of the total fees payable less payment already made at Stages 1 to 5. 70% of the total fees payable less payment already made at Stages 1 to 6a. 75% of the total fees payable less payment already made at Stages 1 to 6b(i). 80% of the total fees payable less payment already made at Stages 1 to 6b(ii). 85% of the total fees payable less payment already made at Stages 1 to 6b(iii). 90% of the total fees payable less payment already made at Stages 1 to 6b(iv). Stage 7 On submitting Completion Report and drawings for issuance of completion/ occupancy certificate by statutory authorities, wherever required and on issue of as built drawings 100% of the fees payable less payment already made at various stages and retainer. 07
  • 8. Contract between client & Architect Architect Contract Basics An architect brings vision and structural know-how to his building project. With an Architect Contract you can ensure that the expectations of your working relationship are clear on all sides. Whether you're hiring an architect for an addition, a restoration job or a building from scratch, you can create an Architect Contract using a few easy steps. Use the Architect Contract document if: You're providing architectural services to another business or individual. Role of Council of Architecture ; Architect Contract The Architect Contract is made effective as of -------------------- by and between-------------------of---------------------- x -- ---------------- and-------------of --------------x--------------- DESCRIPTION OF SERVICES, beginning on--------------------- will provide to-------------------The architects services described below and in the attached Exhibit A ( collectively the “services”) Architects services shall include all Architectural and planning & engineering services in connection with the shell & Core design for the project and without limiting the generality of the foregoing, will include the following. SCHEMATIC DESIGN PHASE; Services provided by Architect in schematic design phase of the construction include ; 1.Reviewing the project furnished by the client 2.Ascertaining the requirements of the project. DESIGN DEVELOPMENT PHASE; Services provided by Architect on Design Development phase of the construction include 1.Preparing construction documents, other documents to fix and describe the size, character of the project as architectural, structural, mechanical , electrical materials and other elements based on approved schematic design phase. 2.Advising clients on preliminary estimate of construction cost. CONSTRUCTION DOCUMENT PHASE; Services provided by architects in Construction Document phaseof the construction include; 1.Preparing documents drawings setting forth the detailed requirements based on the approved design development documents 2.Advising client on construction cost 3.Helping client for the approval of Government Authorities. BIDDING OR NEGOTIATION PHASE; Architect, following the clients approval of the construction documents assist the client in obtaining bids or negotiated proposals and assist in awarding and preparing contracts for the project. A Statutory body constituted by Ministry of Human Resource Development, Government of India , under the Architects Act, 1972 The Council of Architecture (COA) has been constituted by the Government of India under the provisions of the Architects Act, 1972, enacted by the Parliament of India, which came into force on 1st September, 1972. The Act provides for registration of Architects, standards of education, recognized qualifications and standards of practice to be complied with by the practicing architects. The Council of Architecture is charged with the responsibility to regulate the education and practice of profession throughout India besides maintaining the register of architects. For this purpose, the Government of India has framed Rules and Council of Architecture has framed Regulations as provided for in the Architects Act, with the approval of Government of India. Any person desirous of carrying on the profession of 'Architect' must have registered himself with Council of Architecture. For the purpose of registration, one must possess the requisite qualification as appended to the Architects Act, after having undergone the education in accordance with the Council of Architecture (Minimum Standards of Architectural Education) Regulations, 1983 The registration with Council of Architecture entitles a person to practice the profession of architecture, provided he holds a Certificate of Registration with up-to- date renewals The Architects Act, 1972 The Architects Act of 1972 which came into force on1st September 1972 has the following objectives as mentioned in the preamble: 1) To prepare a register of qualified Architects on the basis of a schedule of approved qualifications to safeguard the interest of common man. 2) To regulate the profession of Architects by evolving a "Code of Ethics" and by laying down minimum standards of architectural education in India. 08
  • 9. Code of professional conduct , Architects Act 1972 & Role of Council of Architecture Code of conduct refers to ; A set of conventional principles and expectations that are considered binding on any person who is a member of a particular group, and As we belong to Architecture profession we have our own code of conduct for practicing in this field. ARCHITECTS (PROFESSIONAL CONDUCT) REGULATIONS, 1989 *(Incorporated under the Architects Act, 1972) • ensure that his professional activities do not conflict with his general responsibility to contribute to the quality of the environment and future welfare of society, apply his skill to the creative, responsible and economic development of his country, • provide professional services of a high standard, to the best of his ability, if in private practice, inform his Client of the conditions of engagement and scale of charges and agree that these conditions shall be the basis of the appointment, not sub- commission to another Architect or Architects the work for which he has been commissioned without prior agreement of his Client, not give or take discounts, commissions, gifts or other inducements for the introduction of Clients or of work , act with fairness and impartiality when administering a building contract, • maintain a high standard of integrity , promote the advancement of Architecture, standards of Architectural education, research, training and practice, conduct himself in a manner which is not derogatory to his professional character, nor likely to lessen the confidence of the public in the profession, nor bring Architects into disrepute, • compete fairly with other Architects, observe and uphold the Council's conditions of engagement and scale of charges, not supplant or attempt to supplant another Architect, not prepare designs in competition with other Architects for a Client without payment or for a reduced fee (except in a competition conducted in accordance with the Architectural competition guidelines approved by the Council), • not attempt to obtain, offer to undertake or accept a commission for which he knows another Architect has been selected or employed until he has evidence that the selection, employment or agreement has been terminated and he has given the previous Architect written notice that he is so doing : provided that in the preliminary stages of works, the Client may consult, in order to select the Architect, as many Architects as he wants, provided he makes payment of charges to each of the Architects so consulted, • comply with Council's guidelines for Architectural competitions and inform the Council of his appointment as assessor for an Architectural competition , • when working in other countries, observe the requirements of codes of conduct applicable to the place where he is working ,not have or take as partner in his firm any person who is disqualified for registration by reason of the fact that his name has been removed form the Register under Section 29 or 30 of the Architects Act, 1972 , • provide their employees with suitable working environment, compensate them fairly and facilitate their professional development, recognize and respect the professional contribution of his employees, provide their associates with suitable working environment, compensate them fairly and facilitate their professional development, recognize and respect the professional contribution of his associates, recognize and respect the professional contribution of the consultants, enter into agreement with them defining their scope of work, responsibilities, functions, fees and mode of payment , • shall not advertise his professional services nor shall he allow his name to be included in advertisement or to be used for publicity purposes save the following exceptions :- (a) a notice of change of address may be published on three occasions and correspondents may be informed by post, (b) an Architect may exhibit his name outside his office and on a building, either under construction or completed, for which he is or was an Architect, provided the lettering does not exceed 10 cm. in height , (c) advertisements including the name and address of an Architect may be published in connection with calling of tenders, staff requirements and similar matters, (d) may allow his name to be associated with illustrations and descriptions of his work in the press or other public media but he shall not give or accept any consideration for such appearances, (e) may allow his name to appear in advertisements inserted in the press by suppliers or manufacturers of materials used in a building he has designed, provided his name is included in an unostentatious manner and he does not accept any consideration for its use, (f) may allow his name to appear in brochure prepared by Clients for the purpose of advertising or promoting projects for which he has been commissioned, (g) may produce or publish brochures, pamphlets describing his experience and capabilities for distribution to those potential Clients whom he can identify by name and position , **(h) may allow his name to appear in the classified columns of the trade / professional directory and/or telephone directory/ website. 09
  • 10. Types of Architectural firms An architectural firm or architecture firm is a company which employs one or more Liscenced Architects and practices the profession of architecture. It was only in the 19th century that architecture began to be practiced as a full-time profession. An architecture firm usually has at least one "principal," a licensed architect who is the Sole Propritor of the firm, or one who shares an ownership interest with the other architects in the firm (either as a partner in a partnership, or as a shareholder in a corporation). Sometimes the title of principal is limited to owners who hold a certain percentage of ownership interest in a firm, or it may be expanded to include anyone with a leadership role in a firm. Some firms may also use the title "principal-in-charge," which denotes an architect who oversees the firm's services in connection with a specific project Small firms with fewer than 5 people usually have no formal organizational structure, depending on the personal relationships of the principals and employees to organize the work. Medium-sized firms with 5 to 50 employees are often organized departmentally in departments such as design, production, business development, and construction administration. Large firms of over 50 people may be organized departmentally, regionally, or in studios specializing in project types. Other permutations also exist. However, most firms consist of fewer than ten people-and many architects (like doctors) practice in one- or two-person offices. Many larger firms do not design individual houses. Smaller firms are often in a better position to handle your needs if you are contemplating a residential or small-scale commercial project Advances in info.tech. have made it possible for some firms to open offices or establish alliances with other firms in different parts of the world. It is important to note that increasingly developers in India and China are hiring US and European firms to work on local developments. This is often coordinated or sub-contracted by architecture firms in these countries - in effect outsourcing work to the US and European firms A firm might be composed of a variety of individuals at different points in their careers, but if they are all heading in the same direction, then their diversity becomes a strength. Each employee and boss agrees on where the firm is heading and what is of value. There might be Pragmatists, Poets, Artists, and Builders. Or whatever combination of archetypes. What matters is the direction of the vectors. All agree that the goal of the firm and the body of work point towards the same shared firm vision Role of Indian Institute of Architects The Indian Institute of Architects (IIA) is the national body of Architects in India with more than 20,000 members. It was established in 1917 with its headquarters in Mumbai. It is associated with the International Union of Architects (UIA) Commonwealth Association of Architects (CAA) and South Asian Association for Regional Co-operation of Architects (SAARCH) It was formed as an association made by the past students of Architecture of Sir JJ School of Arts, then known as "The Architectural Students Association". On 3 August 1922, it was rechristened 'Bombay Architectural Association', which got associated with the Royal Institute of British Architects in 1925, and in 1926 became a National body under a new name, 'Indian Institute of Architects' on 2 September 1929, registered under the Societies Registration Act XXI of 1860 as a voluntary organisation of Architects. The Institute plays a major role in promoting the profession of architecture by uniting the Architects of India in fellowship under one umbrella, to promote the aesthetic, scientific and practical competence of the profession - both in Education and Practice 10
  • 11. Partnership firm A partnership is an arrangement where parties, known as partners, agree to cooperate to advance their mutual interests. The partners in a partnership may be individuals, businesses, interest-based organizations, schools, governments or combinations thereof. Partnerships present the involved parties with special challenges that must be navigated unto agreement. Overarching goals, levels of give-and-take, areas of responsibility, lines of authority and succession, how success is evaluated and distributed, and often a variety of other factors must all be negotiated. Once agreement is reached, the partnership is typically enforceable by civil law, Partners who wish to make their agreement affirmatively explicit and enforceable typically draw up Articles of Partnership to be made public, such as through a press release, a newspaper ad, or public records laws. to be made public, such as through a press release, a newspaper ad, or public records laws. The major disadvantage of partnership is the unlimited liability of partners for the debts and liabilities of the firm. Any partner can bind the firm and the firm is liable for all liabilities incurred by any firm on behalf of the firm. If property of partnership firm is insufficient to meet liabilities, personal property of any partner can be attached to pay the debts of the firm. A written agreement is advisable to establish existence of partnership and to prove rights and liabilities of each partner, as it is difficult to prove an oral agreement. Number of Partners is minimum 2 and maximum 50 in any kind of business activities CORPORATE FIRM Or JOINT STOCK COMPANIES ( like a pvt.Ltd company or Public limited company) A Corporate Firm / corporation, is a company or group of people authorized to act as a single entity (legally a person) and recognized as such in law. & your company's stock would be traded by the public on an exchange . A corporation is, at least in theory, owned and controlled by its members. In a joint-stock company the members are known as shareholders and each of their shares in the ownership, control and profits of the corporation is determined by the portion of shares in the company that they own. Registered corporations have legal personality and are owned by shareholders whose liability is limited to their investment. Shareholders do not typically actively manage a corporation; shareholders instead elect or appoint a board of directors to control the corporation in a fiduciary capacity. Corporations can be "dissolved" either by statutory operation, order of court, or voluntary action on the part of shareholders. Insolvency may result in a form of corporate failure, when creditors force the liquidation and dissolution of the corporation under court order. The Limited Liability Act 1855, which allowed investors to limit their liability in the event of business failure to the amount they invested in the company - shareholders were still liable directly to creditors, but just for the unpaid portion of their shares. (The principle that shareholders are liable to the corporation had been introduced in the Joint Stock Companies Act 1844). This was subsequently consolidated with a number of other statutes in the Companies Act 1862 An unlimited company or private unlimited company is a hybrid company (corporation) incorporated either with or without a share capital (and similar to its limited company counterpart) but where the legal liability of the members or shareholders is not limited & there is a low risk of insolvency Private Company; A private company can be a corporation, a limited liability company, a partnership, or a sole proprietorship, as long as the shares are privately held and not traded publicly. Private companies don't need shareholder approval for operational and growth strategy decisions made by the company, as long as that is stated in their corporate documents. Public Company; Public companies must inform shareholders about and get approval for the company's operations, financial performance, management actions, and other decisions. BUILDING - UP, A CLIENT BASE FOR ARCHITECTURAL PRACTICE: Architects are offering a wide range of design and technical services in architecture, urban design and interior design. As well as developing new innovative and practical building design solutions they , also specialize in the creative adaptation of existing buildings for today and the future. Their, professional and friendly team ensure that working with Architects is an enjoyable and productive experience and & know that their clients and stakeholders are involved and engaged at all stages of the design process. With office locations in many places ,they are well placed to serve their expanding client base and undertake projects providing services across a variety of building industry sectors . Architects are securing Planning Approvals with close working relationships with Local Authorities across the country with fees and services individually tailored to their client’s requirements, providing clear and easy payment terms. For their services 11
  • 12. Architectural competitions as prescribed by Council of Architecture Architectural Competitions have a long history, and have produced many extremely successful buildings. They attract great public interest, and have led to the discovery of new talent and new ideas, that could only be found by throwing an architectural project wide open to competition. The Council of Architecture Competition Guidelines provide a new up to date code that safeguards the interests of promoters and of architects, and bring the system into line with present-day conditions To many clients - the choice of an architect presents no difficulty, but to many others the choice is not easy. The client's desire to see the sketch designs of several architects before he commissions him , is understandable, but to ask an architect to submit a sketch design is to ask him to do the essential creative work for which he should be properly paid. If more than one or two architects are commissioned payment to each would be expensive. Architects, however, are allowed to compete against each other without charging a fee in an open architectural competition held under Council of Architecture Guidelines Competition Guidelines as laid by the Council of Architecture protects and safeguards the interest of both the promoter and the competitors. While ensuring the promoter a design of high standard, it also ensures that each competitor competes on like conditions and within the same limitations Architectural Competitions give the promoters a choice from the best viable project of high standard with a variety of approaches. Competition brings out a wide range of ideas and concepts and gives the promoter the choice of selecting that which fits into his specific requirements. One of the principal aims of the competition is to explore hidden talents among younger Architects. To many competitors, it often is the first step to a successful career. The guidelines therefore lay considerable emphasis on the mandatory requirement of Assessors and the qualifications. The appointment of the Assessors should therefore be the immediate and first step the moment the promoter decides to go in for a competition. The Council of Architecture, if so requested by the promoter, may suggest a panel of names experienced in this type of project proposed, for appointment as Assessors. Their responsibilities commence with the approval of the brief of the competition project. The Assessor may even help to prepare the brief. The Assessors (or the Senior Assessor) will: 1. Assist in the preparation and approval of the brief. 2. Study and understand the requirements of the Local Authorities 3. Visit and examine the project site, if necessary. 4. Advise on the appointment of the Technical Advisers, if necessary. 5. Finalise the competition conditions. 6. Prepare the final report/award The project brief is the most important document. The success of the competition will depend upon the clarity and the completeness of the brief. This can be achieved by a very close cooperation between the Promoters and the Assessors (or the Senior Assessor) in the preparation and finalization of the brief 12
  • 14. Accounting methods, Service tax & Gats Re: What is meant by tax and service tax TAX: A fee charged ("levied") by a government on a product, income, or activity. If tax is levied directly on personal or corporate income, then it is a direct tax. If tax is levied on the price of a good or service, then it is called an indirect tax. The purpose of taxation is to FINANCE government expenditure. One of the most important uses of taxes is to finance public goods and services, such as street lighting and street cleaning. Since public goods and services do not allow a non-payer to be excluded, or allow exclusion by a consumer, there cannot be a market in the good or service, and so they need to be provided by the government or a quasi-government agency, which tend to finance themselves largely through taxes. SERVICE TAX Service Tax is a form of indirect tax imposed on specified services called "taxable services". Service tax cannot be levied on any service which is not included in the list of taxable services. Over the past few years, service tax been expanded to cover new services. The objective behind levying service tax is to reduce the degree of intensity of taxation on manufacturing and trade without forcing the government to compromise on the revenue needs. The intention of the government is to gradually increase the list of taxable services until most services fall within the scope of service tax. For the purpose of levying service tax, the value of any taxable service should be the gross amount charged by the service provider for the service rendered by him. What is the present service tax? it is 10 % on income earned from services provided beyond Rs.6 lakhs per annum GATS; The General Agreement on Trade in Services (GATS) is a treaty of the World Trade Organization (WTO) that entered into force in January 1995 as a result of the Uruguay Round negotiations. The treaty was created to extend the multilateral trading system to service sector, in the same way the General Agreement on Tariffs and Trade (GATT) provides such a system for merchandise trade. GATS is to remove barriers to trade, members are free to choose which sectors are to be progressively "liberalised", i.e. marketised and privatised, which mode of supply would apply to a particular sector, and to what extent liberalisation will occur over a given period of time. Legal obstacles to services trade can have legitimate policy reasons, but can also be an effective tool for large scale corruption Acounting methods: Architectural firms need to have good records due to possible litigation; but more importantly, they need to know the status and profitability of each job that they work on to make good business decisions. Therefore, the job files and other records are normally well kept. Missing or incomplete job files are strong indicators of possible unreported income, which would require an expansion of the audit In India, Professional tax is imposed by various states. It is imposed on business owners, working individuals, merchants and people carrying out various occupations.Cash Receipts and Disbursements Method of Accounting Generally, architects and landscape architects are permitted to select the cash or accrual methods of accounting. They are not permitted to use the completed contract method of accounting or the percentage-of- completion method of accounting. Generally, the "cash method" of accounting is an acceptable method of accounting. However, there are limitations on when this method can be used. The general rule requires an item to be included in income (whether in the form of cash, property or services) in the taxable year when actually or constructively received and permits a deduction for an expense in the taxable year when paid. However, if an expenditure results in the creation of an asset having a useful life which extends substantially beyond the close of such taxable year, such expenditure may not be deductible, or may be deductible only in part, for the taxable year in which made. Income may be actually or constructively received. If the taxpayer receives a check from a customer in Year 1 but does not deposit or cash it until Year 2, it is included in income in Year 1, when actually received. Constructive receipt occurs when the taxpayer has the unrestricted access to income that has been earned. 14
  • 15. Construction Management Construction Manager Vs. Architects: What's the Difference? Although construction management and architectural design both play a significant role in the building of residential homes, office buildings and apartment houses, there are many differences between the two disciplines. Education, training and licensure are just a few of those differences. He knows how to manage the construction process and coordinate the skilled trades necessary to complete a project. Construction managers coordinate and schedule design and construction processes in the building of office complexes, residential homes and industrial structures. A construction manager approves and hires specialty contractors for certain operations, such as plumbing, electrical wiring and framing. Construction managers usually work on a project from conception to completion. On large projects, they may be responsible for only one segment of the operation. Architects are Master builders : Throughout ancient and medieval history, most architectural design and construction was carried out by artisans—such as stone masons and Carpenters rising to the role of master builder. Paper was not used in Europe for drawing. Pencils were used more often for drawing by 1600. Until modern times there was no clear distinction between architect and Engineer, who designed buildings and structures that not only look good but are safe, energy efficient and functional. An architect works with a client to set the parameters of the construction, such as construction objectives, budget and requirements of the structure. They often do pre-construction assessments to determine the feasibility of the project and any environmental impact the structure might have. When the pre-construction assessment is complete, an architect will then develop the final construction plan, including construction details and building appearance 15
  • 16. Role of Project Manager in complex projects Purpose This aspect present a general review of the practical implications of building information modelling (BIM) based on literature and case studies. It seeks to address the necessity for applying BIM and re‐organizing the processes and roles in hospital building projects. This type of project is complex due to complicated functional and technical requirements, decision making involving a large number of stakeholders, and long‐term development processes. the main factors for a successful collaboration using BIM, which can be recognised as “POWER”: product information sharing (P), organizational roles synergy (O), work processes coordination (W), environment for teamwork (E), and reference data consolidation (R). IMPROVING PERFORMANCE EI-Framework used for PM’s work Introduction; The perennial and troublesome problem in construction industry for PM’s is to improve project Performance (PP) and the implications of the pm’s competencies becomes one of the key issues. The Emotional Intelligence factor (EI) is relatively new approach in the construction industry. Large & Complex projects place additional emphasis on PM’s need for EI. Because of the unique characteristics such as Complexity of personnel to be employed, multiplicity of goals to be achieved, Intensive Capitol to be used, Strong uncertainty of Activities, difficulty in coordinating with stakeholders, etc,. Generally in smaller/ medium sized projects PM’s may achieve project success eventually through the good use of Technical knowledge & IQ. Though their EI levels are relatively Low. By comparison, In large construction’s many breakdowns occur & raises questions of competence 16
  • 17. The root cause of disputes & complaints aganist Architects is often an incomplete understanding of the Architects role & responsibilities in Design, Planning & Construction process. If insufficient data is provided incorrect assumptions can can affect Architects duties in a project. Special services or arrangements may be individually negotiated by the Architect with his client for offering all required services Understanding the Client - Architect - Contractor Relationship A successful, efficient project considers the client's needs, their well being, and their budget. The Client, The Architect, and the Contractor have very specific and necessary roles The Client – have specific goals, expectations and a budget that is in alignment with these goals and expectations. The Architect – must guide the client, propose reasonable, sustainable design solutions, and provide accurate detailed drawings. These must meet the client's requirements as well as applicable building codes and zoning criteria. The finalized construction documents will become the client’s contract with the contractor. The Contractor – must be a responsible craftsman with expertise and the experience necessary to manage the trades and to build the project as designed and documented. As with a 3-legged stool, all of the three parties must work together in concert. They must maintain open dialogue and be able to troubleshoot as a team in order to respond to unforeseen issues or client-initiated changes. Limiting or eliminating any of these components will leave the client with a compromised solution. Ultimately, the Client has two contracts, one is between the Owner and the Architect and the other is between the Owner and the Contractor. The Architect works for the Owner during the Construction Phase to Observe that the Construction Documents are being interpreted correctly. The Architect advocates for the Owner. Beware of the Contractor that does not want an Architect involved. Remember, the Architect works for the Owner to see that the investment in the Contract Documents--also known as Drawings and Specifications, is realized. This "Three Legged Stool" model also creates "checks and balances" that have been the successful precedence for many of the projects Client - Architect - Contractor Roles and Relationship Client - Architect - Contractor Relationship in complex present day buildings As new needs and technology have emerged traditional boundaries between different professionals, have created interdisciplinary work environments & provide holistic perspectives for innovative solutions Further the digital innovations have changed institutional roles & forms of interaction and relations across a wide range of contexts. Understanding the conflicting interests ,areas of skill, expertize, jurisdiction & status has become very critical. There is a growing body of research & the use of Building formation modeling (BIM) on the role of construction professionals for collecting Data & the role of Architects & their interactions might change the implementation of BIM in the construction process organizations. BIM is still a slippery concept with CAD & related Data to a broader one across the life cycle of the building design method of National Inst of Building Science (NIBS) as BIM changes the roles and relationships of projects participants & will lower the costs & time required for construction of property. 17
  • 18. CONTRACT Principles of contract; Contract: An agreement between two or more parties to perform or to refrain from some act now or in the future. A legally enforceable agreement. • Unilateral Contract: A unilateral contract arises when an offer can be accepted only by theofferee’s performance • Bilateral Contract: A bilateral contract arises when a promise is given in exchange for a promise in return • Agreement: One party must offer to enter into an agreement, and the other party must accept the terms of the offer • Consideration: Something of value received or promised, to convince a party to agree to the deal; • Contractual Capacity/ competent parties: Both parties must be competent to enter into the agreement; • Legality: The contract’s purpose must be to accomplish some goal that is legal and not against public policy; • Genuineness of Assent (Arguably part of agreement): The apparent consent of both parties must be genuine; and • Form: The agreement must be in whatever form (e.g., written, under seal, etc.) the law requires • The vast majority of contracts are informal (without a seal) Various issues in construction process: 1.The constructio’n industry is plagued with poor image & reputation 2. Design changes affect construction. Many times over specifications proves costlier & unnecessary 3. Late payments are a factor of Importance which affect for delays & qualitativeness. 4. Time restraints & reliance on competitive tendering procedures affect qualitative progress of work 5. A long term strategic planning will always helps good qualitative & sustainable construction.6. Absentism of Labor affects completion in time and results in cost over runs. 7. Low plant overruns for equipment's brought for work, affects cost aspects as heavy use age charges are paid affecting contractors profit. 8. Inexperienced management & supervision with poor workmanship affects qualitativeness of construction. 9. Tendering problems creates a an atmosphere of hard bargaining which is not conducive for good relationship. 10. Tender periods are very short & puts bidders under preasure to meet deadlines often resulting in errors in costing & high levels of risk.as they are not involved in design stage. 18
  • 19. 1. TENDER PREPARATION- TENDERING- TENDER EVALUATION 2. FEASIBILITY STUDY- DESIGN TENDER - TENDER PREPARATION 3. THE TENDER PROCESS; Thinks of Project Definition and Scoping Selection Process For Tenderers Tender Documentation Criteria for Selection 4. THE TENDER PROCESS CALL FOR TENDERER TENDER MEETING AMENDMENTS TO TENDER DOCUMENT SUBMISSION AND CLOSING OF TENDER 5. TENDER PROCESS- TENDER ANALYSIS -TENDER CLARIFICATION- TENDER SELECTION & AWARD 6. TENDER ANALYSIS analyses work experience, completion period Price affordability of the company (finance, personnel etc.) Ongoing projects Adequacy of the tender conditions 7. CRITERIA adopted for SELECTION ; COFORMITY –CAPABILITY- INNOVATION PRICE for CONSTRUCTION PERIOD 8. TENDER REJECTION Non-compliance with tender conditions- -details not completed - -Tender price too high / tender price is too low - - lot of work in progress -- insufficient financial capability--- unsatisfactory work records ISSUES INVOLVED IN TENDER PROCESS in big projects. 19
  • 20. What is Tendering? Tendering is the process of making an offer, bid or proposal, or expressing interest in response to an invitation or request for tender. Organizations will seek and will select an offer or tender that meets their needs and provides the best value for money. Tender request documents; also referred to as invitations to tender, Requests for Tender (RTF), Requests for Proposal (RFP) etc outline what is required, that is, what the requesting organization’s needs are. These documents also outline the particular requirements, criteria, and instructions that are to be followed. Future tenders are generally widely advertised to offer opportunities to a number of suppliers, encourage competition and provide a greater pool of offers to select from. Interested suppliers will then prepare a tender; the documents that outline the offer that they are making, and will include pricing, schedules as well as their eligibility for the project or procurement. They will outline their advantage over competitors; provide information on qualifications, competencies and experience. The submitted tenders are then evaluated with regard to defined criteria. In a normal tendering situation, this process should be conducted fairly and honestly, and in a manner that is free from bias or favour. The offer that best meets all of the requirements outlined in the request, and provides value for money should win the contract.. Tendering is utilised by: Government departments, offices and agencies ,Private sector companies and businesses , Non Government Organizations , Overseas markets and businesses When becoming involved in a tendering process, it is important to understand your business' suitability for the project; whether your business' current situation will allow for you to tender, as well as your ability to manage the contract if you are successful in winning the tender. Government Tendering provide a significant market opportunity for businesses. to ensure that the process is conducted in accordance with ethical, fair and transparent practices. As the Government is accountable to tax-payers and the society, they ensure that the tendering process is equitable and non-discriminatory. The core principle in Government tendering and procurement is achieving value for money. This does not just refer to offering the lowest price or best offer. Private Sector Tendering There has been an increasing move in recent times. And the types, range and amount of products and services they seek are vast and differing, thus offering opportunities to a wide range of businesses., as well as having a greater choice in selecting a supplier that offers value for money. However, the private sector has the luxury of having a much more flexible tendering process, in comparison to the public sector (government). As the requirements of transparency and accountability greatly differ between the two groups, private sector companies are not required to have such stringent and prescriptive procedures. Without such tight constraints, the private sector can often make the process simpler and more flexible, and tenderers generally have fewer requirements to adhere to when submitting a tender. Quality, reliability, efficiency, and added value are important factors in any tender offers that are sought after when evaluating tender submissions. Other factors include. Authenticity and insight Does the bidder have genuine, substantiated knowledge and experience of the sectors of activity in which the business is engaged & Is there a sense that this bidder is the one best placed to work with the client in a productive team effort Risk and professional accountability:. Has the bidder taken account of the risks associated with innovation Flexibility and responsiveness: Does the bid communicate a readiness to ‘go the extra mile' to provide maximum value in meeting the client's requirements, and a willingness to adapt methods and procedures in response to unforeseen changes in the requirements of the contract? Overseas tendering Tendering for overseas contracts can be attractive for businesses however may well prove challenging due to the number of difficulties involved in the process. It is important to therefore approach overseas tenders with caution and develop an understanding of potential difficulties in areas such as; communication, differing jurisdiction/legal considerations, added costs, and a lack of knowledge and understanding of international markets. Tender process The seven main steps in the tender process: 1. Tender process is determined: The organization requesting the tender will determine the type of tender that will be used, as well as what will be involved in the tender process. For more information, see Types of tender opportunities. There are four main types of tender opportunities. These include: Open Tendering: An open tendering process is an invitation to tender by public advertisement. There are no restrictions placed on who can submit a tender, however, suppliers are required to submit all required information and are evaluated against the stated selection criteria. Select Tendering: A select tender is only open to a select number of suppliers. The suppliers may be a short list sourced from an open tender or be a compilation of businesses that the organization has worked with previously. Multi-stage Tendering: Multi-stage tendering is used when there are a large number of respondents. At each stage in the process, the suppliers are culled to those who are most suited to the specific contract requirements. 20
  • 21. EMD (earnest money deposit) payment earnest money is paid on the basis of certain terms and condition. with the remainder due at a particular time. If the contract is breached by failure to pay, then the earnest payment is kept by the recipient as pre-determined (liquidated) or committed damages For contractors whose EMD have been forfeited , (A penalty for a fault or mistake that involves losing) hey are not eligible to participate for the period of one Year from the date of tender opening. Retention money : Retention is an important aspect of managing a construction project. ... The money held back is the retention, typically 5-10% of the total contract Cost on a construction job, The owner will receive invoices each month from architects, engineers, and the general contractor. The contractor should show the amount of work completed, and then request payment for only 90-95% of that amount. The money held back is the retention, typically 5-10% of the total contract price. (There are often two levels of retention on a project. The owner, will withhold retention from the general contractor. The general contractor, in turn, withholds retention from each of his subcontractors.) When a contractor completes a project there are usually a few items that need fixing. These items are compiled into a list called a punch list. To get retention release, contractors have to complete their punch list as well. In other words, retention is a tool that allows a project owner to withhold some payment to contractors until the entire project is complete and a certificate of completion or certificate of occupancy has been granted by the local authorities. Once this completion has been granted, the owner typically has 30 days to release retention amount to the contractor. Security deposit A security deposit is a sum of money held in trust either as an initial part-payment in a construction process in addition to the EMD paid earlier by contractor. As this amount is quite heavy and as the construction is also under way for completion, the security deposit is normally collected in the form of Retention money from all stage payments made to the contractor. The same is to be released after the completion of the project by the owner. Mobilization fund; Construction firms are always faced with the huge burden of securing funds for executing works on contracts. The concept of mobilizing advance payment is an important mechanism. Used to overcome contractors financial problems. Mobilization is a monetary payment made by the owner to contractor for initial expenditures in respect of site mobilization & a fair proportion of job preliminaries. 21
  • 22. TYPES OF CONTRACT : Construction contract is the warranty that the executed job will receive the specific amount of compensation or how the compensation will be distributed. There are a several types of construction contracts Construction contracts types are usually defined; by the way, the Compensation is going to be made like Lump Sum or Fixed Price or Item rate contracts which may be Cost Plus Contracts or Time & Material Fixed Price or Lump Sum This type of contract involves a total fixed priced for all construction related activities. Lumpsum contracts can include incentives or benefits for early termination, or can also have penalties, called liquidated damages, for a late termination. Lump Sum contracts are preferred when a clear scope and a defined schedule has been reviewed and agreed upon. Cost Plus Contracts (Item rate contracts) This type of contract involves payment of the actual costs, purchases or other expenses generated directly from the construction activity. Cost plus contracts must contain specific information about certain pre-negotiated amount (some percentage of the material and labor cost ) covering contractor’s overhead and profit. Costs must be detailed and should be classified as direct or indirect costs. There are multiple variations for Cost plus contracts and the most common are: Cost Plus Fixed Percentage ; Cost Plus Fixed Fee ; Cost Plus with Guaranteed Maximum Price Contract ; Cost Plus with Guaranteed Maximum Price and Bonus Clause. Time & Material contracts are usually preferred if the project scope is not clear, or has not been defined. The owner and the contractor must establish an agreed hourly or daily rate, including additional expenses that could arise in the construction process. The costs must be classified as: direct, indirect, mark-up, and overhead. Sometimes the owner might want to establish a cap or specific project duration to the contractor that must be met, in order to have the owner’s risk minimized COTRACT documents ; They are one of the most important pieces that will guarantee of a successful project. This list contains the most common documents that must form part of every construction contract. In addition to this list, there are other numerous contract support documents that can be used in combination with the standards documents. For example: Instruction Forms ; Time Extension Claim ; Request for Information ; Preliminary Building Agreement ; Progress Payment Certificate ; Practical Completion Notice ; Defects Document; Contract Information Statement 1. Agreement; The most essential part of the contract documents. 2. General Conditions This contract document will define the obligations and rights on how to execute the project 3. Special Conditions This is usually an extension of the contract and to the general conditions. This part must specify specific conditions and clauses to each particular project or job. 4. Bill of Quantities This is formed by the list of diverse trades, and materials included that form part of the construction. Sometimes this document is not required by the contracting officer. 5. Drawings ; All set of drawings that form part of the job to be performed. These drawings are usually the latest drawings and must be received by the contractor prior to the date of commencement. It must include all drawings from consultants, and will constitute the entire project being contracted. 6. Specifications; The technical requirement to complete, execute and/or perform every little task or material being incorporated in the construction projects. It will add intelligence to the construction drawings ; specify common standards, deviations accepted, materials accepted and the required testing for all materials. Usually, specifications are composed by referencing construction standards and codes 7. Schedules ; The construction schedule is an important piece of the document. In this part, the contracting office will know how and when the project will be completed. Sometimes,contracts will require updated schedules throughout the construction progress, and might form part of the monthly, or agreed term, application for payment 8. Pricing Schedules; Breakdown of all items being incorporated in the const’n proj. This is usually the base of the application for payment It can be detailed per item or in a lump-sum form not specifying individual items. 9. Insurances; This provide the guarantee to the owner that the contractor has the means and the economic backup toperform the construction contract. 22
  • 23. Tender stage; tender stage in public projects can be subdivided under 4 headings 1. prep of tender document 2. inviting & opening of tender 3. pre-qualification of tenderer’s 4. evaluation & award of work Preparation of tender document: The tender after acceptance & signing becomes the CONTRACT.- a legal doc. An ambiguous agreement leads to poor contract performance & litigations. It also gives an opportunity to a contractor to make profit out of ambiguous conditions. It has been observed that the Tender documents are prepared in a hurried manner without checking the conformity among the scheduled items of drawings, specifications and contract conditions etc,. This generally happens due to the reason that different parts of the tender documents such as Schedule of quantities, specifications, drawings & general conditions prepared by different people are compiled without co-relating them. Sometimes they are copied from old tenders without giving a thought to the applicability of the conditions to the work in question. A few examples highlight some deficiencies in the preparation of tender document is described below to prevent the deficiencies • Adopt updated standard bidding document • Ensure conformity among nomenclature of items, specifications, drawings, General & special Conditions. • Avoid stipulating such conditions in the contract which are not feasible to be operated • Stipulate Performance, Guarantee clause to eliminate non serious bidders. • Conduct Pre-Bid meeting a) To bring Clarity regarding the spirit of various provisions & b) To bring necessary modifications, if required, Make minutes of the meeting as part of Agreement. • Provide Clauses to deal with ambiguous provisions in the tender document submitted to contractor with any order of precedence (to explain correctly) • Stipulate all prevailing govt. policy orders such as purchase preference policy, Customs exemptions for materials to be imported etc,. • Provide enough safeguards against mis-use of mobilization advance. Inviting & Opening of Tenders; The award of the public contracts through open tender is to ensure a transperency in public procurement to maximise economy & efficiency in public procurement to promote healthy competition among tenderer’s & to provide fair & equal treetment to all the tenderer’s & to eliminate irregularities, interfearence & currupt practices by authorities concerned. This is also required by the article 14 of the constitution of India. Normally three modes of tendering are adopted. Namely, • Open tendering ( for all public projects) • Closed or Limited Tendering ( for Private projects ) • Single Tender on Nomination Basis ( for works of Specialized nature visualized in both Private / Public Tenders.) In an open tender, bids are invited giving wide and adequate publicity. This is the most preferred mode of Tendering. In the case of small value of works, Urgent Works, and in case where a few bidders are available in the market, limited tenders from such bidders who have been empanelled are invited. In case of Limited Tenders, the empanelment should be done in a transparent way & updated periodically. Award of Contract on nomination basis, which is also called as a single tender is to be resorted to only under exceptional circumstances such as natural calamities, & emergencies or there were no bids to repeated tenders or only where one supplier has been licensed ( a Proprietary item ) in respect of goods sought to be procured 23
  • 24. Tender notice Notice Type : Domestic Tender Notice Product / Services : Building Construction Tender Value : Rs. 31.82 Lakhs EMD : Rs. 50,000 Doc Sale Starts : 29-Jun-2015 Doc Submit Before : 10-Jul-2015 Due Date : 13-Jul-2015 Notice Type : Domestic Tender Notice Authority Type : State Govt Product / Services : Building Construction Tender Value : Rs. 34.00 Crores EMD : Rs. 44.00 Lakhs Document Fees : Rs. 10,000 Doc Sale Starts : 15-Jun-2015 Doc Sale Ends : 05-Jul-2015 Doc Submit Before : 08-Jul-2015 Due Date : 08-Jul-2015 Tenders Are Invited For Construction Of Building In Anmmch (At Gaya BIHAR. State) Additional Details Available on Purchase: 24
  • 25. Question bank 1. Describe the chronology of events/processes in your operation for each type of job 2. Do you use a standard contract in your business? (If "no," explain what is used) 3. Does your professional liability insurance company require a listing of all or some of your jobs? 4. What types of expenses are reimbursed by your clients? How are the reimbursements accounted for? 5. What overall method of accounting do you use for tax? For books? 6. How and when are customers billed during the jobs? 7. What types of subcontractors do you use? How are subcontractors/vendors selected? Do you enter into contracts with subcontractors? How their fees determined ? 8. Do subcontractors provide their own material or do you purchase it for them? 9. Construction Manager Vs. Architects: What's the Difference? 10. Highlight the issues related to architects Fee & stages of collection THANK YOU & WITH BEST WISHES FOR A HAPPY LEARNING 25