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THE ARCHITECT IN PRACTICE DAVID CHAPPELL MICHAEL DUNN 11 TH EDITION

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Page 1: 11 TH THE ARCHITECT IN PRACTICE - media control · x Contents 10 Insurance 177 10.1 Introduction 177 10.2 Premisesandcontents 179 10.3 Publicliability 180 10.4 Employer’sliability

THE ARCHITECT

IN PRACTICEDAVID CHAPPELL

MICHAEL DUNN

1 1 T H E D I T I O N

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The Architect in Practice

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The Architect in Practice

Eleventh Edition

David Chappell

Michael Dunn

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This edition first published 2016© 2016 by David Chappell and Michael Dunn© 2010 and 2005 by David Chappell and Andrew Willis

Registered officeJohn Wiley & Sons, Ltd, The Atrium, Southern Gate, Chichester, West Sussex, PO19 8SQ,United Kingdom.

Editorial offices9600 Garsington Road, Oxford, OX4 2DQ, United Kingdom.The Atrium, Southern Gate, Chichester, West Sussex, PO19 8SQ, United Kingdom.

For details of our global editorial offices, for customer services and for information abouthow to apply for permission to reuse the copyright material in this book please see ourwebsite at www.wiley.com/wiley-blackwell.

The right of the authors to be identified as the authors of this work has been asserted inaccordance with the UK Copyright, Designs and Patents Act 1988.

All rights reserved. No part of this publication may be reproduced, stored in a retrievalsystem, or transmitted, in any form or by any means, electronic, mechanical, photocopying,recording or otherwise, except as permitted by the UK Copyright, Designs and Patents Act1988, without the prior permission of the publisher.

Designations used by companies to distinguish their products are often claimed astrademarks. All brand names and product names used in this book are trade names, servicemarks, trademarks or registered trademarks of their respective owners. The publisher is notassociated with any product or vendor mentioned in this book.

Limit of Liability/Disclaimer of Warranty: While the publisher and author(s) have used theirbest efforts in preparing this book, they make no representations or warranties with respectto the accuracy or completeness of the contents of this book and specifically disclaim anyimplied warranties of merchantability or fitness for a particular purpose. It is sold on theunderstanding that the publisher is not engaged in rendering professional services andneither the publisher nor the author shall be liable for damages arising herefrom. Ifprofessional advice or other expert assistance is required, the services of a competentprofessional should be sought.

Library of Congress Cataloging-in-Publication Data

Chappell, David (David M.)The architect in practice / David Chappell, Michael Dunn. – Eleventh edition.

pages cmIncludes bibliographical references and index.ISBN 978-1-118-90773-3 (pbk.)

1. Architectural practice–United States. I. Dunn, Michael (Michael H.) II. Title.NA1996.C47 2015720.92–dc23

2015016360

A catalogue record for this book is available from the British Library.

Wiley also publishes its books in a variety of electronic formats. Some content that appearsin print may not be available in electronic books.

Cover image: Nadla/istockphoto

Set in 10/12.5pt Minion by Aptara Inc., New Delhi, India

1 2016

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The Inspiration

From a pseudonymous letter of a quantity surveyor tothe Builder, 9 March 1951

‘I have great admiration for an architect who does his job well, because he has one of themost difficult jobs in the world. He must be an artist but at the same time in his

administration of a building contract be a business man, and in interpreting it evensomething of a lawyer.’

The Dedication

To Arthur Willis, Christopher Willis and Bruce Georgeand

To the architectural professionin the hope that the book may encourage that co-operation of which its joint authorship is

a symbol.

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Contents

Preface xiiiAcknowledgements xviiAbbreviations and Acronyms xix

Part 1 Practice 1

A THE PRACTITIONER 3

1 The Construction Industry 3

1.1 Introduction 31.2 Significance of the construction industry 31.3 A changing industry 41.4 Clients 61.5 Contractors 71.6 Consultants 91.7 Clerk of works 131.8 Construction industry bodies 14

References and notes 21

2 Academic and Professional Qualifications 22

2.1 Introduction 222.2 Relevant bodies 242.3 Architectural education and training 292.4 Examination of professional practice 362.5 Approval of educational programmes 362.6 Practising in the United Kingdom 412.7 Practising in Ireland 422.8 Practising in Egypt, Nigeria and Malaysia 432.9 Maintenance of standards, regulation and codes of conduct 462.10 ARB’s standards of professional conduct and practice 472.11 RIBA code of professional conduct 532.12 The RIAI code of conduct 552.13 Continuing professional development 55

References and notes 57

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viii Contents

3 Employment Opportunities 59

3.1 Introduction 593.2 Private practice 603.3 Local authority 623.4 Other public sector organisations 633.5 Large companies 643.6 Contractors 643.7 Manufacturers 653.8 Academia 663.9 Other specialisation 673.10 Adjudicator, arbitrator or expert witness 68

References and notes 69

4 Employment 71

4.1 Finding employment 714.2 Acceptable job titles 884.3 Employment 894.4 Job description 924.5 Hours of work 934.6 Overtime 954.7 Salary 964.8 Benefits 974.9 Professional activities 984.10 Expenses 994.11 Leave 1004.12 Disciplinary and grievance procedure 1034.13 Notice and dismissal 1044.14 Spare time practice 1054.15 Monitoring of telephone calls and e-mails 1074.16 Discrimination 107

References and notes 109

5 Types of Practice 110

5.1 Sole principal 1105.2 Partnerships 1115.3 Incorporation 1175.4 Co-operative 1215.5 Group practice 1215.6 Developer/architect/contractor 122

References and notes 123

6 Setting Up in Practice 124

6.1 Sole principal 1246.2 The decision 124

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Contents ix

6.3 Timing 1256.4 Practical points to decide 1266.5 Business plan 1316.6 Enlarging the practice 132

References and notes 134

B PRACTICE MANAGEMENT 135

7 Management Principles 135

7.1 Objectives 1357.2 Leadership 1367.3 Communication 1377.4 Delegation 1387.5 Motivation 139

References and notes 140

8 General Office Practice 141

8.1 Introduction 1418.2 Telephone, facsimile (fax) and e-mail 1418.3 Information technology 1448.4 Letter writing 1458.5 Reports 1468.6 Filing 1478.7 Office-based meetings 1498.8 Drawing office practice 1498.9 Computer-aided design 1538.10 Presentation 1548.11 Reproduction 1558.12 Work programming 1558.13 Sources of information 156

References and notes 165

9 Marketing 168

9.1 Active marketing 1689.2 Brochure 1709.3 Website 1719.4 Social media 1729.5 Advertising 1739.6 Contacts 1739.7 Competitions 1749.8 Frameworks 1759.9 Retaining clients and recommendations 175

References and notes 176

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x Contents

10 Insurance 177

10.1 Introduction 17710.2 Premises and contents 17910.3 Public liability 18010.4 Employer’s liability 18110.5 Professional indemnity 18110.6 Latent defects insurance 18310.7 Other insurances 184

References and notes 184

11 Finance and Accounts 185

11.1 Introduction 18511.2 Accounts 18511.3 Profit and loss account 18511.4 Balance sheet 18611.5 Assets 18811.6 Liabilities 18811.7 Capital 18911.8 Cash-flow forecasting and budgeting 19011.9 Books of account 19111.10 Fee invoicing 19111.11 Value added tax (VAT) 19111.12 Computerisation 19211.13 Annual accounts/auditing 19211.14 Staff time records 193

References and notes 195

Part 2 Running a Project 197

12 The RIBA Plan of Work 2013 199

12.1 Sequential framework and Plan of Work 19912.2 The Plan of Work explained 20212.3 Building information modelling (BIM) 20812.4 BIM overlay to the Plan of Work 20912.5 Green principles 20912.6 Green overlay to the Plan of Work 21012.7 New words and phrases 211

References and notes 212

13 Stage 0: Strategic Definition – Appointment 214

13.1 Introduction 21413.2 Scope of services 21513.3 Determination of the fee 233

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Contents xi

13.4 Terms of appointment 24013.5 Consultants 24313.6 Project managers 245

References and notes 248

14 Stage 0: Strategic Definition – Terms 250

14.1 Standard forms of agreement 25014.2 Standard Agreement 2010 (2012 revision): Architect 25114.3 Duty of care agreements (collateral warranties) 280

References and notes 287

15 Stage 1: Preparation and Brief 288

15.1 Feasibility studies 28815.2 Site and building acquisition 29315.3 Surveys 29515.4 The brief 30115.5 Reporting 302

References and notes 303

16 Stage 2: Concept Design 304

16.1 Design data 30416.2 Concept design and its development 30516.3 Cost estimates and planning 30616.4 Procurement paths and implications for the professional 30716.5 Contract selection and implications 31716.6 Guaranteed maximum price 32016.7 PFI Contracts 32216.8 Partnering 323

References and notes 325

17 Stage 3: Developed Design 327

17.1 General 32717.2 Planning applications and approvals 32817.3 Other approvals 35317.4 Property 353

References and notes 361

18 Stage 4: Technical Design 363

18.1 Technical design 36318.2 Production information 36618.3 Building regulations 2010 (as amended) 369

References and notes 379

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xii Contents

19 Stage 4: Technical Design: Tender Documentationand Tender Action 380

19.1 Introduction 38019.2 Co-ordinated project information 38119.3 Bills of quantities 38319.4 Specifications 39019.5 Schedules of work 39319.6 Activity schedules 39319.7 Tendering 39319.8 Preparing the contract documents 403

References and notes 404

20 Stage 5: Construction 405

20.1 Contractor’s programme 40520.2 Meetings 40820.3 Site inspections 41320.4 Safety 41420.5 Architect’s instructions and variations 41520.6 Variations and their valuation 41820.7 Controlling costs 42220.8 Workmanship and materials 42320.9 Certificates and payments 42620.10 Delays and extensions of time 43520.11 Financial claims 43820.12 Termination 440

References and notes 443

21 Stage 6: Handover and Close Out 446

21.1 Practical completion 44621.2 Rectification period 45121.3 Adjustment of contract sum 45421.4 Final certificate 457

References and notes 461

22 Stage 7: In Use 463

22.1 Review of project 46322.2 Architect’s review 46422.3 Client review 46622.4 Review of building in use 467

References and notes 467

Table of Cases 468Index 473

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Preface

It is often said that architects are poor at business. We suspect that, if true, itis because they enjoy what they do so much. It is not unusual to find archi-tects continuing to work in order to see their buildings constructed long afterdisputes about fees and other things would have persuaded other profession-als to walk away. Architecture is undoubtedly one of the professions that canbe enjoyed. It offers a wealth of interest in a variety of fields which few otherprofessions can match, and provides an emotional satisfaction which only theother arts can stimulate. In order to derive the fullest pleasure from it architectsmust devote themselves completely to its study and practice. The more profi-cient they become and the greater mastery they can acquire the more completewill be their enjoyment.

Ability to design and skill in draftsmanship or in using computer-aided designequipment will not alone make an architect. Architects should bring the sameskill to all sides of their profession, whether it is the initial building survey, fea-sibility studies, concept design, production information or the giving of profes-sional advice and undertaking the administration of the construction contract.In common with other professions architects owe a duty of care to their clientsbut they have a greater responsibility than most in that the buildings and envi-ronments that they create affect the population at large.

The purpose of this book is to present to architectural students, and perhapsthe less experienced practitioners, some indication of the practice and proce-dure with which they must be acquainted if they are to follow their professionwith success. They must find clients to employ them, they must be able to man-age an office and be responsible for a good deal of administrative work in con-nection with construction contracts, and they must know something of finance,law, the general structure of the construction industry and the organisation andrequirements of those authorities who exercise so much control over their day-to-day work. Let the readers, therefore, move away from their CAD equipment,lay aside their thick felt pens and settle down to their desk or armchair to studyan aspect of their work which is essential to make them efficient architects.

The architect’s work is here looked at mainly from the angle of the privatepractitioner dealing with the JCT forms of contract, though references are madewhere appropriate to public service practice and to other forms of contract.Architects in private practice are often commissioned to act for public author-ities and they must therefore be able to adapt to the differing conditions whichthis type of work involves.

Since the last edition, some re-ordering and re-structuring of the contents hastaken place. The chapters have been arranged in the sequence which looks at

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xiv Preface

what needs to be in place so that an architect can run a business. Part 1A openswith an introduction to the construction industry and is followed by detailsof entry to the profession and its regulation. This part deals with employmentopportunities, advice on employment and hints for those wishing to set up inpractice. Part 1B looks at some basic principles of managing and working ina practice including marketing, insurance and accounts. Part 2 ends the bookwith the running of a project, the chapters being based around the work stagesof the RIBA Plan of Work which has again been revised since the last edition.Each chapter ends with notes and law case citations together with a selectedbibliography.

The Architect in Practice was first published over 60 years ago in 1952. It waswritten by two men, one a quantity surveyor and one an architect, both of whomhad a flair for writing and who, after working together for some years, came tothe conclusion that a textbook on architectural practice was needed. Duringthat time, through ten editions, it has remained a leading textbook used in theeducation of architects worldwide. This is the first edition which does not haveas Quantity Surveyor author a member of the Willis family. The mantle waspassed down through three generations and we are grateful to Andrew Williswho has taken that role for the last three editions.

The format of the book was radically changed for the seventh edition in orderto make it more accessible to the casual reader. That revised format was wellreceived. The structure of this latest edition has been significantly revised andwill hopefully present the reader with a logical layout. As with the previous revi-sions though the format has changed, the message and philosophy remains thesame: here is a book which tries to present to the reader some of the elementaryduties that architects owe to their clients and contractors alike, and to endorsethe adage that of the many responsibilities borne by an architect, the greatest isthe duty of care.

Architectural practice is now much more complex than was the case 60 yearsago. There is now a multitude of forms of building contract to choose from,which would take a lifetime to read. It is not possible to write in any detail onsuch a wide subject: it warrants a set of textbooks on its own. The most helpfulthing that we can do is to point the reader to relevant sources for this and otherallied subjects.

As usual, this edition has been brought up to date and our commentariesrevised where we judged it appropriate to do so. This includes among otherthings: the need to address the RIBA Plan of Work 2013 both in terms ofcommentary and the structure to the book, updating our commentary on theRIBA Standard Form for the Appointment of an Architect 2010 (2012 Revision)and employment law and dealing with the impact of BIM. The Joint ContractsTribunal has reissued all its contracts as a 2011 suite. The new contracts havebeen revised to comply with the amendments to the Housing Grants Construc-tion and Regeneration Act (as amended) 1996 which place significant furtherresponsibilities on an architect undertaking the role of contract administration.All references to JCT contracts in this book have been updated, where appro-priate, to refer to the new contracts. We are pleased to know that this book isused in the Republic of Ireland, Egypt, Nigeria and Malaysia and in this edition,

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Preface xv

we have included reference to education, registration and other requirements inthese countries.

Finally we hope that our efforts will assist future generations of architects inthe way that Arthur Willis and Bruce George assisted our generations.

David ChappellMichael Dunn

January 2015

Note

The Construction (Design and Management) Regulations 2015 came into force on6 April 2015. This was too late to make any significant amendments to the manuscriptwhich was with the publishers at the time. However, where appropriate and where pos-sible, minor amendments have been made to the manuscript to identify the introduc-tion of this change and through the use of endnotes the reader has been directed tofurther appropriate reading. Unfortunately, the new Regulations have replaced the roleof CDM Co-ordinator with that of Principal Designer. This may well lead to some con-fusion between the roles of Lead Designer and Principal Designer.

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Acknowledgements

We are grateful to Allan Ashworth, MSc, MRICS, and Keith Hogg, BSc, MRICS,for their agreement to the use in this book parts of the text of Practice andProcedure for the Quantity Surveyor. We are also grateful to the following forparticular assistance as indicated:

Richard Cobb, BA Econ (Hons), DipTP, MRTPI, Chartered Town Planner,for continuing to contribute Planning Legislation and Practice in Chapter17. It has been substantially revised for this edition.

Kevin Blunden, C.Build E FCABE, CEnv, FCMI, EurBE, MWOBO, FACC,Deputy Chief Executive (Technical), Chartered Association of BuildingEngineers, for updating the Building Regulations in Chapter 18.

Jane Dobson, MA (Hons) Landscape Architecture, Chartered Member ofthe Landscape Institute, for updating her contribution about landscapearchitecture.

Lawrence JG Johnston, BSc, MSc, MCIArb, RIBA, for continuing to con-tribute the whole of Chapter 2.

The Commonwealth Association of Architects, the Union of InternationalArchitects and the Association of Consultant Architects for the provisionof information in connection with Chapter 2.

Gale and Snowden Architects of Exeter and Bideford for assistance withChapter 8 and for the setting out plan in Figure 8.1.

The ARB Standards of Conduct and Practice, Education, routes to admission,CPD information, Prescription Procedures and membership statistics, copy-right Architects Registration Board, are reproduced by kind permission of theARB.

The RIAI Accreditation information, registration, CPD and the summary ofthe role of the RIAI are reproduced by kind permission of the Royal Institute ofthe Architects of Ireland.

Extracts from the RIBA Code of Conduct, RIBA membership statistics, RIBAServices, validation procedures, CPD requirements and extracts from the RIBAPlan of Work 2013 Overview, copyright Royal Institute of British Architects, arereproduced here by kind permission of the RIBA.

The RIBA Contract Administration Forms are reproduced by kind per-mission of the copyright owners, the RIBA and by the publishers, RIBAPublishing. Copies of the forms are available from RIBA Bookshops atwww.ribabookshops.com

The RICS ‘Valuation’ and ‘Statement of Retention Values’ forms, reproducedon pages 430 and 435 can be purchased from RICS at www.ricsbooks.com

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Abbreviations and Acronyms

AA CPE Architectural Association School of Architecture(London) Certificate of Professional Experience

ABE Association of Building EngineersAC Appeal caseACA Association of Consultant ArchitectsACA 3 ACA Form of Building Agreement 1998 (1999 revision)ACA SFA The Association of Consultant Architects Standard Form

of Agreement for the Appointment of an Architect 2012ACEu Architects Council of EuropeACAS Advisory, Conciliation and Arbitration ServiceACE Association for Consultancy and EngineeringAll ER All England Law ReportsAPEAS Architects Professional Examination in Scotland (Edin-

burgh)APM Association for Project ManagementAPSAA Association of Professional Studies Advisors in Architec-

tureARB Architects Registration BoardARCON Architects Registration Council of NigeriaARCUK Architects Registration Council of the United KingdomBAE Board of Architectural EducationBBA British Board of AgrémentBBC British Broadcasting CorporationBCIS Building Cost Information ServiceBEC Building Employers ConfederationBIM Building Information ModellingBLR Building Law ReportsBPF British Property FederationBPIC Building Project Information CommitteeBRE Building Research EstablishmentBREEAM Building Research Establishment Environmental Assess-

ment MethodologyBSI British Standards InstituteBSRIA Building Services Research and Information AssociationBUILD Building Users’ Insurance Against Latent DefectsCAA Commonwealth Association of ArchitectsCABE Chartered Association of Building EngineersCAD Computer-aided designCATS Credit Award Transfer System

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xx Abbreviations and Acronyms

CAWS Common Arrangement of Work SectionsCBC RIBA Concise Building Contract 2014CBI Confederation of British IndustryCC Construction ConfederationCCG Construction Client’s GroupCCPI Co-ordinating Committee for Project InformationCD81 JCT Standard Form of Building Contract with Contractor’s

Design 1981CDMR Construction (Design and Management) Regulations 2007CDP Act Copyright, Designs and Patents Act 1988CE11 JCT Constructing Excellence Contract 2011 (note that

the JCT abbreviate for this contract is CE but becausethis abbreviation is used for Conformité Européenne theabbreviation CE 11 has been adopted in this book)

CE Conformité EuropéenneCE/P JCT Constructing Excellence Project Team Agreement

2011CE/95 RIBA Conditions of Engagement for the Appointment of

an Architect 1995CESMM Civil Engineering Standard Method of MeasurementClArb Chartered Institute of ArbitratorsCIB Construction Industry BoardCIBSE Chartered Institution of Building Services EngineersCIC Construction Industry CouncilCIJC Construction Industry Joint CouncilCIOB Chartered Institute of BuildingCIMAR Construction Industry Model Arbitration RulesCI/SfB Construction Information/Samarbetskommitten for Byg-

gnadsfragorCIL Community Infrastructure LevyCILL Construction Industry Law LetterCIRIA Construction Industry Research and Information Associ-

ationCITB Construction Industry Training BoardCLD Construction Law DigestCLG Communities and Local GovernmentConLR Construction Law ReportsConstLJ Construction Law JournalCM/A JCT Construction Management Appointment 2011CM/TC JCT Construction Management Trade Contract 2011CPA Construction Products AssociationCPD Continuing professional developmentCPI Co-ordinated project informationCPIC Construction Project Information CommitteeCV Curriculum vitaeDB JCT Design and Build Contract 2011DBC RIBA Domestic Building Contract 2014

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Abbreviations and Acronyms xxi

DCLG Department of Communities and Local GovernmentDCMS Department of Culture, Media and SportDEFRA Departments of Transport, the Environment, Farming and

Rural AffairsDOE Department of the EnvironmentDWP Department for Work and PensionsECC NEC3 Engineering and Construction ContractECLG Environment Community and Local GovernmentECTS European Credit Transfer SystemEH English HeritageEMR Electromagnetic RadiationENACA European Network of Architectural Competent Authori-

tiesEPC Energy Performance CertificateEPIC Electronic Product Information Co-operationEU European UnionFA JCT Framework Agreement 2011GMP Guaranteed Maximum PriceGN Guidance NotesGDPO The Town and Country Planning (General Development

Procedure) Order 1995, with later amendmentsGPDO The Town and Country Planning (General Permitted

Development) Order 1995, with many later amendmentsHE Historic EnglandHO/C Building contract for a home owner/occupier who has

appointed a consultant to oversee the work 2005HO/CA Consultancy agreement for a home owner/occupier

appointing a consultant in relation to building work 2005HO/B Building contract for a home owner/occupier who has not

appointed a consultant to oversee the work 2005HSE Health and Safety ExecutiveIC JCT Intermediate Building Contract 2011ICSub/NAM/E Intermediate Named Sub-Contractor/Employer Agree-

mentICSub/NAM Intermediate Named Sub-Contract Tender and AgreementICC ACE and CECA Infrastructure Conditions of Contract

(ICC) 2011ICD JCT Intermediate Building Contract with contractor’s

design 2011ICE Institution of Civil EngineersICWCI Institute of Clerks of Works and Construction Inspectorate

of Great Britain IncIES Integrated Environmental ServicesIEE Institution of Electrical EngineersIFC 84 JCT Intermediate Form of Building Contract 1984IMechE Institution of Mechanical EngineersISDN Integrated Services Digital Network

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xxii Abbreviations and Acronyms

IStructE Institution of Structural EngineersISO International Organization for StandardizationJCT Joint Contracts Tribunal LtdJCT 63 JCT Standard Form of Building Contract 1963JCT 80 JCT Standard Form of Building Contract 1980JCT 98 JCT Standard Form of Building Contract 1998JV Joint ventureKPI Key performance indicatorsLDD Local Development DocumentLDF Local Development FrameworkLDS Local Development SchemeLI Landscape InstituteLLP Limited Liability PartnershipLPA Local Planning AuthorityMC JCT Management Building Contract 2011MP JCT Major Project Construction Contract 2011MIPPS Ministerial Interim Planning Policy StatementMTAN Minerals Technical Advice NoteMTC JCT Measured Term Contract 2011MW JCT Minor Works Building Contract 2011MWD JCT Minor Works Building Contract with contractors

design 2011NBS National Building SpecificationNEC New Engineering ContractNJCC National Joint Consultative Committee for BuildingNPF National Planning FrameworkNPPF National Planning Policy FrameworkNPPG National Planning Practice GuidanceNRM New Rules of Measurement (RICS)NSCC National Specialist Contractors’ CouncilNSIP Nationally Significant Infrastructure ProjectOS Ordinance surveyPAM Pertubhan Arkitek MalaysiaPAN Planning Advisory NotePAYE Pay as you earnPERT Performance Evaluation and Review TechniquePCC JCT Prime Cost Building Contract 2011PCSA JCT Pre-Construction Services Agreement 2011PD Permitted DevelopmentPEDR Professional Experience Development RecordPFI Private Finance InitiativePHPP Passivhaus Planning PackagePI Professional indemnity insurancePINS Planning InspectoratePPC 2000 ACA Standard Form of Contract for Project PartneringPPG Planning Policy GuidancePPP Public–Private Partnership

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Abbreviations and Acronyms xxiii

PPS Planning Policy StatementsPSA Property Services AgencyQQI Quality and Qualifications IrelandRIAI Royal Institute of the Architects of IrelandRIAS Royal Incorporation of Architects in ScotlandRIBA Royal Institute of British ArchitectsRICS Royal Institution of Chartered SurveyorsRM JCT Repair and Maintenance Contract 2011RPB Regional Planning BodyRSAW Royal Society of Architects in WalesRSS Regional Spatial StrategyRSUA Royal Society of Ulster ArchitectsRTPI Royal Town Planning InstituteSBC JCT Standard Building Contract 2011SBC/AQ JCT Standard Building Contract With Approximate Quan-

tities 2011SBC/Q JCT Standard Building Contract With Quantities 2011SBC/XQ JCT Standard Building Contract Without Quantities 2011SEC Specialist Engineering ContractorsSELECT Electrical Contractors’ Association for ScotlandSFA/92 RIBA Standard form of Agreement for the appointment of

an architect 1992SFA/99 RIBA Standard form of Agreement for the appointment of

an architect 1999SMM Standard Method of Measurement for Building WorksSNIPEF Scottish & Northern Ireland Employer’s FederationsSoS Secretary of StateSPC 2000 ACA Specialist Contract for Project PartneringSPD Supplementary Planning DocumentSPG Supplementary Planning GuidanceSPP Scottish Planning PolicySPV Special Purpose VehicleSW/96 RIBA Conditions of Appointment for Small Works 1996TAN Technical Advice NoteTeCSA Technology and Construction Solicitors AssociationTPO Tree Preservation OrderUCAS Universities and Colleges Admissions ServiceUCATT Union of Construction, Allied Trades and TechniciansUIA International Union of ArchitectsUK United KingdomUNICLASS Unified Classification for the Construction IndustryUCO Town and Country (Use Classes) Order 1987VAT Value added taxVOIP Voice Over Internet ProtocolWLR Weekly Law Reports

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xxiv Abbreviations and Acronyms

Construction Act Housing Grants, Construction and Regeneration Act 1996as amended by The Local Democracy Economic Develop-ment and Construction Act 2009

Scheme Scheme for Construction Contracts (England and Wales)1998 (as amended by the Scheme for Construction Con-tracts (England and Wales) Regulations 1998 (Amend-ment) (England) Regulations 2011)

NI Order Northern Ireland the Construction Contracts (NorthernIreland) Order 1997 as amended by the Construction Con-tracts (Amendment) Act (Northern Ireland) 2011

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Part 1Practice

Page 28: 11 TH THE ARCHITECT IN PRACTICE - media control · x Contents 10 Insurance 177 10.1 Introduction 177 10.2 Premisesandcontents 179 10.3 Publicliability 180 10.4 Employer’sliability
Page 29: 11 TH THE ARCHITECT IN PRACTICE - media control · x Contents 10 Insurance 177 10.1 Introduction 177 10.2 Premisesandcontents 179 10.3 Publicliability 180 10.4 Employer’sliability

A THE PRACTITIONER

1 The Construction Industry

1.1 Introduction

The construction industry is concerned with the planning, regulation, design,manufacture, fabrication, erection, construction and maintenance of buildingsand other structures. It encompasses the disparate activities of building, civilengineering and heavy engineering. These activities can range from minordomestic works costing a few hundred pounds or major building schemes cost-ing tens of millions of pounds to major transportation and other infrastructureprojects costing several billion pounds. Whilst there are certain similarities inthe principles underlying the execution of each individual activity or project,their scale, complexity and organisation can differ enormously.

Whilst the demarcation between the aforementioned disparate activities isblurred, the majority of architects are involved solely with building projects intheir various forms.

1.2 Significance of the construction industry

The construction industry is an important part of any economy. In the UnitedKingdom it accounts for approximately 7% of the nation’s gross domestic prod-uct or £110 billion per annum of expenditure. Some 40% of this expenditure isin the public sector, with central Government being the industry’s biggest client.However, the construction industry’s share of the nation’s output has declinedover the past 20 years.

There are certain characteristics that distinguish construction from otherindustries including:

� the physical nature of the ‘product’� the product is normally produced on the client’s land (i.e. the construction

site)� most products are a prototype (i.e. a one-off design)� the traditional arrangement which separates design from construction� it produces an investment rather than something to be consumed� its activities may be affected by the vagaries of the weather� its processes include a complex mix of different materials, skills and trades

The Architect in Practice, Eleventh Edition. David Chappell and Michael Dunn.© 2016 David Chappell and Michael Dunn. Published 2016 by John Wiley & Sons, Ltd.

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4 Practice

� typically it includes a small number of relatively large construction compa-nies and a very large number of small firms.

The construction industry is a major employer of labour. It employs over2 million people in the United Kingdom, from the unskilled through to thehighly skilled professional. Therefore, due to its significance, the fortunes ofthe construction industry provide a good barometer of the nation’s economicperformance. An active construction industry generally represents a buoyanteconomy.

1.3 A changing industry

The construction industry is sensitive to trends in both the national and inter-national economies, and is affected by such matters as:

� economic confidence� level of employment� interest rates� inflation� manufacturing output generally� performance in other market sectors, e.g. retail.

In times of recession people or businesses are usually reluctant to invest. Thishas a direct effect on the construction industry through a reduction in expen-diture on capital projects.

The construction industry continually needs to adapt. It has to respond toadvances in technology, changes in government policy and initiatives, and newmethods of procurement. This has certainly been the case over recent years.

The demand for improvements in performance is constant and cannot beignored. Key reviews carried out during the 1990s highlighted the dissatisfac-tion amongst major clients given the unpredictability surrounding the deliv-ery of projects on time, within budget and to the standard of quality expected.The Latham Report1 identified that this was primarily due to the fragmenta-tion within the process (e.g. separation between design and construction) andthe level of confrontation between the parties involved. The subsequent Eganreport, Rethinking Construction,2 again recognised the level of dissatisfactionand put forward proposals for improving performance across the industry. Itcentred around five key drivers:

� committed leadership� customer focus� integrated processes and teams� drive for quality� commitment to people.

It proposed:

� integrated project processes� decent and safe working conditions