Professional Documents
Culture Documents
14
SCHOOL OF ARCHITECTURE
Meenakshi College of Engineering, West KK Nagar, Chennai.
Lesson Plan (July 14 -Nov14)
Subject Code : AR2501
Subject Name : Professional Practice and Ethics II
Faculty
: Ar. Stanley Clement Daniel
45
Uni
t
Topi
c No
Topic
Perio
d
Books/Page. No
UNIT - I
TENDER
Objective- To make the students to gain the knowledge about the advanced issues
concerning Tendering in Architectural practice.
1.
2.
3.
4.
5.
Tender award.
6.
E - Tendering
T1 /(159-164)
T1 /(164-173)
T1 /(173-177)
T1 /(177-185)
T1 /(185-1187)
Notes
Expected Outcome: students should gain sufficient knowledge in the Architects field
of practice and to inculcate the confidence in future career.
UNIT II
CONTRACT AND ARBITRATION
Objective To make the students to gain the knowledge about the Contract and Arbitration that are
prevalent in the field of practice.
II
7.
8.
9.
Arbitration
T1 /(194-202)
T1 /(229-275)
T1 /(276-282)
T1 /(215-229)
Expected Outcome students should gain the knowledge about the professional ethics and the
13. BOLT
14. BOO
T9/ Notes
T9/ Notes
T9/ Notes
T9/ Notes
Expected Outcome Students should gain the knowledge about the Architectural and
other allied services to prepare themselves for the Internship Program
UNIT IV
IMPLICATIONS OF GLOBALISATION IN ARCHITECTURAL PRACTICE
Objective To make the students to gain knowledge on Implications of Globalization in
Architectural Practice.
15. Globalization
16. Relevance of WTO & Gats
17. Needs for Global practice.
IV
18. Effect of foreign Architect in India.
19. Impact of Information & Technology.
T9/ Notes
T5
T9/ Notes
T9/ Notes
T9/Notes
Expected Outcome Students should acquaint themselves with all factors governing
Architectural Competitions.
UNIT V
EMERGING SPECIALISATIONS FOR AN ARCHITECT
Objective- To orient the students to the emerging specializations for an Architect.
V
T3 /(12-27)
T3 /(1-11)
T9/ Notes
T3 /(29-194)
Expected Outcome - students should gain the knowledge about the varied rules/
regulations/legislations/govt. provisions in handling legal aspects of the professional
practice.
S.No
1
2
3
TOPIC
Assignment on
preparing Tenders
Case study.
Seminar on
Globalisation in
Architectural Practices
To prepare a PERT
chart.
Probable date
of
Announcemen
t
Probable
Date of
Submission
Return of
script/
valuation
July 14
6th Aug2014
Aug 14
18th Sept2014
Sep 14
24th Sep2014
1st Oct2014
Prepared By
Approved By
HOD
Director
UNIT I
TENDER FOR CONSTRUCTION
What is Tender?
Tender means an offer to carry out work, that is pre-described or to
supply or purchase goods of prefixed specifications at a price to be quoted
the tenderer.
Essential qualities of a good tender:
1. Tender should be based upon definite and detailed information. The
items of work described in bill of quantities included in the tender
should be very clear and specific.
2. Drawing shall be supplied wherever details are involved. Wherever
description is difficult, drawing should be given to complement
description.
3. All factory made products should be specified as far as possible with
their trade name (close specifications). You may attach a list of
approved makers or manufacturers to the tender document.
4. Avoid as far as possible the use of phrase As approved by architect,
instead spell out more in details your requirements and if needed,
supplement the statement by a drawing.
5. Basic price of material shall be mentioned in the tender.
6. The basic concept of tendering is a competition on equal base.
Therefore, it is essential that information given may be in the form of
specifications, conditions of work, abstracts, quantities or drawings
shall be same information to all the contractors who shall offer
tenders.
Components of a tender: A checklist.
1. Instructions to contractor
1.1 Type of tender (Item rate tender or lumpsum tender).
1.2
Location and brief description of work and name of owner. (Name of
work, site address and owners name)
1.3
1.4
2. Public Tender
In case of projects owned by the semi public or the public bodies, in
the procedure to be adopted, there should be no room for favoritism or a
partiality. The competition should be open to all. Hence, a notice shall be
published in a newspaper calling the contractors to fill in tender for a
project. In such a notice, the following information shall be given:
1. Name of the client (Owner of the project)
2. Address of the proposed work site and name of the project.
3. Estimated cost of project.
4. Earnest money deposit.
5. Cost of blank tender form.
6. Time and place of issuing blank tender forms.
7. Time and place of submitting filled in tenders.
The biggest disadvantage in a public tender notice is that one does
not know the abilities of contractors offering themselves to work for the
project. To get the work, one may quote low rates. But often such a
contractor is unable to carry out the work and to produce work of good
standard. Realizing that he is not making enough profits or he is loosing on
the job, the contractor looses an item even at the cost of quality. The
contractor will try to raise claims for variation and extra items, arguing with
an architect now and then on small matters. The owner reserves the right
to accept pr to reject any or All the Tenders without giving any Reasons.
3. Pre-registration of contractors:
In this method, a notice is published in newspaper inviting the
contractors to submit the information of their construction company. In the
notice, it is necessary to publish i) Name of the owner and his address, ii)
Name of the project and its estimated cost, iii) Address of construction site
and iv) Probable date of starting construction. Reading this information, the
contractor should decide whether he is interested in the work or not.
Further in the notice, the contractors are requested to submit the
information on the following points:1. Name of the company and its Registered Address, names of partners/
Directors.
2. List of similar projects (similar to the project for which this
advertisement is given) or list projects carried out during last three or
five years, with their cost, name of the architect, name of the owner,
etc.
3. List of the construction equipments possessed by the company and
technically qualified persons employed with the company.
4. Income tax clearance certificate.
5. Solvency certificate from bankers.
On receiving the applications on the date given in the advertisement,
scrutiny is made and a short list of five or seven contractors that is drawn
out. A care should be taken while selecting the contractors that they are of
more or less of equal standing from the point of view experience,
establishment, financial strength etc. and each one of them should be
acceptable to the owner.
The time and the place of opening of the tenders shall be informed to
the contractors while receiving the tenders. The contractors or their
representatives may as well remain present at the time of opening of the
tenders. The architect SHALL NOT OPEN the tenders in the absence of the
owner.
Scrutiny of Tenders
A detailed scrutiny of all the tenders received is done by the
architects office and a scrutiny report is submitted to the owner
recommending a contractor for the work. In case of public tender, we have
experienced as many as twenty-three tenders received for a project. It
becomes a time taking task to scrutinize so many tenders. You should be
methodical in your work.
(i)
Check whether the E.M.D. amount is submitted as per the conditions
of tender. If NOT submitted, then the tender offer should be rejected
forth with. If the deposit amount is asked by cheque then the
cheques shall be deposited in the bank immediately. If the E.M.D.
cheque is dishonored by the bank for any reason, such a contractor
shall NOT be considered for the work. Furthermore, such a contractor
shall not be considered for any work in future or should not be
recommended to others. A specimen letter is given in the Appendix.
(13J).
(ii)
Covering letter
a. Read carefully covering letter and other enclosures, if any. Often
contractors in case of Public Tender are tempted to enclose business
profile of their contracting company, particularly when the
contracting company, particularly when the contracting company is
stranger to owner/architect. It is worthwhile contracting owners or
architects to crosscheck the information given in such a profile.
b. The covering letter should have no conditions suggested in it, which
will affect the work or the cost of work. Usually, these conditions or
rebates are linked with the supply of building material or water for
construction and supply of electricity for work by the owner on the
site. Often contractors ask for advance against building material
brought on the site. As a good practice, conditions regarding all these
points should be mentioned very clearly by the architect himself in
the text of the tender document.
(iii) The next step in scrutiny of tenders is to check the calculations in the
schedule of rates. These days, all the calculations are made by the
calculators and therefore, there are hardly any mistakes in
multiplication or totals. Even then, it will be proper for the architects
office to go through carefully through all the pages of the schedule of
rates, which is also referred as contract bill. If arithmetical mistakes
are noted, these should be corrected and the corrected total should
be taken for the consideration for the choice of contract.
(iv)
(v)
After when the tenders are opened, in any case contractor shall not
be allowed to enter the missing item-rate. If selected for the work,
the contractor shall carry out that particular item free of cost.
Rebate:
After arriving at the Total of Schedule of rates, sometimes a
contractor offers a rebate at certain percent of the total amount by
writing a note to that effect. If the rebate is offered without any
condition, it should be considered and the total should be reduced
accordingly. If there be any condition attached to the rebate, then
such a rebate is unacceptable.
Comparative statement:
Having completed arithmetical check, correcting totals and applying
rebate etc., a statement should be written, name of contractor and
the corrected total of tender offer against the name in an ascending
order of the tender offers, starting with the lowest offer in first place
and the highest offer to the last place.
Work order
architect with the client so that the whole process of selection of contractor
is completed within the time period.
2. Counter offer by owner
The tender itself is an offer given by the contractor to carry out a
work, which is worded by the owner through his architect. During
course of discussion if the owner puts forth another alternative
method of contract for the same work, it is called a counter offer. This
counter offer by the owner sets the contractor free from legal
obligations of his earlier tender offer. The owner and the contractor
may or may not agree on the counter offer, but the fact that an
alternative is suggested, the contractor is no more bound by the legal
binding of his earlier tender offer.
For example, a contractor filled in an item rate tender for a work.
Later if the owner suggests carrying out the same work on cost plus
percentage basis. This is a counter offer. The contractor has a liberty to
refuse the counter officer, if he feels so. At the same time, he gets away
from the legal binding of the earlier tender offer.
3. Death of a party
If the death occurs of either of the party before entering into a
contract, than the tender offer is ineffective and not binding on the
contractor.
For example, an individual owner passes away suddenly during the
tendering process. The contractors who have filled in tenders are set free.
But if death occurs of a Secretary or a Chairman or a Director of a company
who has invited the tenders, this does not hold good. The tender process
can continue and the contractors are not set free. Here, you have to
understand and appreciate that the death of an individual office bearer, the
existence of a Society or a Trust or a Company is not affected.
4. Withdrawal of Tender
Withdrawal of tender process can be from the owner or from the
contractor. The owner can stop tender process any time before issue
of Work order to Contractor. We have discussed earlier in this
chapter Clients decision to abandon the work. From the beginning
you shall take enough care so that in case of withdrawal of Tender
process, no legal troubles shall start against your client and yourself
as an architect. However, please remember, this is not a desirable
situation.
Withdrawal by Contractor: Contractor on reading the tender notice or
a letter of invitation to tender has all his freedom NOT to respond to the
call. He can purchase a tender and may not submit it, if he is unwilling. This
means he can withdraw from tendering process without any obligations or
legal hustle. But after submitting filled in tender and the E.M.D., the
contractor cannot withdraw from the process. If he does he loses his E.M.D.
and the owner may take him to the court of law for the compensation if he
has not accepted the work order.
Questions
Two marks:
1. Differentiate open and closed tender?
2. What is meant by calling for tender?
3. What are the contents of a tender notice?
4. What is Earnest money?
5. What is security deposit and how much is it?
6. What are the types of tender?
7. What is the significance of EMD?
8. What is Mobilization advance?
9. What are the guidelines for calling an open tender?
10. What do you understand by award?
11. Explain any two ways of inviting tenders.
12. What are the contents of a tender document?
13. Explain the advantages of open tenders?
14. What do you understand by the term EMD? Explain its importance.
15. What are the guidelines for calling closed tender?
16. What are the advantages of inviting limited tenders?
17. What is the purpose of insisting a tenderer to pay EMD along with his
tender?
18. What are the contents of a tender notice?
19. Differentiate between open and closed tenders.
Sixteen marks:
1. The practice of selecting suppliers through tenders may result in the
wrong supplier being selected Evaluate the statement.
2. Explain the procedure of issuing and selecting suppliers through tenders.
3. Explain the various types of tenders available for building construction
and analyze their merits and demerits.
4. Explain how tenders are called for and a contract is settled.
5. Compare and contrast the different ways of inviting tenders stating
where each type is best suited. Establish the advantages and
disadvantages of cost plus percentage tender. What is penalty clause?
6. What are the contents of a tender document? What is one part and Two
part tendering?
7. Elaborate on the procedure to be followed at the time of opening a
public tender. (8)
8. How do you scrutinize a tender document before recommendation. (6)
9. Differentiate between private tender and public tender. (8)
UNIT II
CONTRACT
Therefore, there is an Act Indian Contract Act of 1872 to regulate
the agreements or undertakings in business.
Every time a contract need not be a written one. It could be an oral or
often an implied one. For instance, you stop an auto rickshaw, tell him the
destination, and enter in it and the auto driver flags down the meter as a
mark of agreement. He starts the vehicle to reach you to your destination.
This is an example of an implied contract between the passenger and the
auto driver from our everyday life. The passenger shall pay the fare only
when the auto driver reaches him to his destination and not otherwise.
Let us learn more about the contract in terms of law. In order to be
good in Law. A contract must have the following five elements present in it.
S
r
.
N
o
1
2
3
Elements
An offer
Acceptance
Contract to be signed by
competent person by free will
and consent.
Pertaining
building contract
Tender
offer
by
contractor
Work order
Rightful owner of land
on which buildings is to be
constructed and authorized
person as contractor, as
other party to contract.
Amount to be paid to
contractor. Contractors bill
for the work done.
Construction
to
be
lawful, (approved by local
authority).
For making a good cup of coffee, not a black coffee, you must have
water, sugar, coffee powder, milk and heat to boil. These are the essential
elements. If anyone cut of this is not available, then the mixture made
cannot be called a good coffee. Similar is the situation in Law of a contract.
It will not hold good if any one of the elements can be proved to be absent.
Therefore, as an architect, you shall be careful to see that each of the
elements is legally sound.
1. An Offer
We have studied the process of calling tender. In the contract
document, there shall be a positive reference to the tender and tendering
process. Therefore, the contractors letter of offer, which is included in the
contract document, we have seen that there is clear reference in the first
paragraph to the Tender Notice a letter of invitation for Tender. It is further
recommended that a copy of TENDER notice or a copy of letter of invitation
for tendering shall be included in the binding of the Contract Document.
2. An Acceptance
Work order is an acceptance by the owner, to the tender offer given
by the contractor. We have seen that, on receiving written instructions from
the owner, the architect issues a work order on behalf of the owner to the
contractor. To show that this element is observed in the process, a copy of
work order shall be included in the binding of the contract document.
3. Contract to be Signed by a Competent person
It is very important to remember that this contract for the
construction of a building is between the owner of land one part and the
building contractor on the other part. The architect is NOT a party to
contract. The architect has to draft the contract properly. Therefore, the
architect has not to sign the contract at all. However, if any printing
mistakes in the document are noticed, those shall be corrected on all the
copies by the architect only, before signing of contract by the parties. The
architect shall put his signature at every correction. Parties to the contract
shall never alter or contract the text of the contract.
The two parties to the contract are the owner and the contractor. Let
us see who is the competent person to sign as an owner. Consider a private
or an individual client who has to construct a bungalow for him. The
architect shall see from 7/12 extract or property card who is the owner of
the land. At times, the plot is purchased in the name of wife or son or some
other close relative, for some other considerations. Sometimes the wife is a
bonafide member of a housing society and the leaseholder of the plot. In
such a case man of the house, head of the family, husband or father may
come forth to sign the contract, saying that he is going to spend money for
construction or he is the KARTA of the family. It would be wrong to sign a
contract by any other person other than a person in whose name the land
is held, or who is a bonafide member of a housing society.
In case of a Trust, co-operative societies and such institutions, a
Secretary or a Chairman shall sign the contract. In case of Companies, an
Executive Director or a person expressly authorized to execute the contract
shall sign. In all cases, there shall be a resolution passed in the Executive
committee or Board of Directors authorizing the person to execute the
contract.
an impostor. For that, it is expected that, the witness shall know the person
who is signing the contract. The witnesses also have to say whether the
signatures were made by free will or under threat, in case asked in the
court of law. The witness is NOT responsible for the text or contents of the
document.
Indian Stamp Act of 1899
Under the Act, a contract shall be executed on a stamp paper of
appropriate value, as prescribed by the rules under the Act, from time to
time. Sale of stamp paper is a source of revenue to the Government. The
stamp duty is likely to be revised by the Government. Therefore, one has to
refer prevailing Rule before purchasing stamp papers. Value of stamp
papers is related to the contract amount.
In case of dispute, unstamped contract papers cannot be admitted
before an Arbitrator or a Court of Law. Therefore, it is advisable to sign the
contract on the stamp paper. Most of the building contracts in private
practice are carried out and completed smoothly without serious disputes.
In very few cases, disputes are referred to the Arbitrator and Civil Court.
Taking the advantage of the probabilities, usually a contract is executed on
a stamp paper of lesser value. In case, if one has to a course of law, one
will be required to affix additional stamps of proper value along with the
penalty.
Contract Document
A contract document is the most important document in connection
with carrying out of the building construction. It is necessary to have a
contract in some form or the other. It could be only a verbal one or it may
consist simply of a Tender and a letter of acceptance. But better the form;
the fewer are the difficulties in carrying out the work.
The forms of contract in the Government Departments are different. If
you are working in any Government Department, you will have to adopt
that form of contract, which is used in the Department.
The form of contract agreement we shall study is the one issued
under the sanction of The Indian Institute of Architects. It consists of- i)
Articles of Agreement and ii) general conditions of contract
A contract document shall consist of the following papers:1. Copy of Public Notice or Copy of Letter of Invitation.
2. Copy of work order
3.1
Letter of offer by contractor
3.2
Articles of Agreement
3.3
General conditions of contract
3.4
Appendix
4.
Specifications of work and material, reference to standard
specifications, special or
additional conditions drawn up by the
Architect for that particular job.
5. Bill of Quantities [contract Bill]
The same is referred as schedule of Rate as the item rates are written
on it, which are approved and accepted by the owner.
6. Contract Drawings
Drawings sufficient to indicate the work to be carried out. (This needs
not be a Working Drawing in case of item rate tender).
lump sum tender. Sites with slope or with changing strata are really not
suitable for including foundation work in the lump sum quotation. There
may be a big difference between assumptions and actual. It may prove
unfair to either of the parties to contract.
CONTRACT DOCUMENT
Supervision of work
Supervision of work is an important duty of an architect from the
practical point of view. You shall be good at designing of a building. It is
equally important for you to give an effective supervision on the
construction. It is not expected of you to be on site all the while. Even then
you shall have full control on the project. For that you must be well versed
in your responsibilities and authorities as well. In government department,
executive powers are not with the government architect. There are
engineers of the department for that purpose. But in private practice, it is
not so; and it shall NOT be so. Owner engages an architect for a project;
and the architect shall not lose hold on the project.
As per code of council
The council of architecture has kept this role of Construction
Manager as optional. On big projects, owner is supposed to appoint a
separate agency to supervise the construction work. But there is more
number of medium and small construction works where perhaps it is not
suitable to the owner to engage one more agency to supervise the
construction. If a clerk of works/ site supervisor is appointed to assist the
architect, reasonably effective supervision on construction is achieved.
Articles of agreement and general conditions of contract as prescribed by
the I.I.A. shall be used for signing contract, which gives an architect an
additional authority that is required to work as a Construction Manager.
Architect as construction manager
A practicing architect is in a way a Construction Manager of a
project for which he has been commissioned by the owner to design. He
being the owners representative has to see that building project is
executed under his supervision and guidance per the conditions of contract
signed between the owner and the contractor. He has to oversee quality of
materials and the workmanship with the help of the clerk of works (in some
cases mare than one person) appointed for the project. He shall see that
the project is carried out as per the design drawings, working drawings and
specifications given to the contractor. The architect may be required to give
further details and decisions during the course of construction. He has an
authority to remove any worker or sub-contractor for his unsatisfactory
performance, so that the quality of work shall not suffer.
The architect has to control the cost of the project by checking the
quantities of works executed and the item rates shown in the contractors
bill for payment. The architect has to probe into the extra item rates and
rates for variation of items and judicially certify them for the payment. He
has to play a role of an Auditor for that matter. Over and above, an
architect must keep a proper liaison with the client. Keeping him informed
regularly the progress of work on site and directions and decisions given to
the contractor by him (Architect). To discharge all this duties, an architect
has to visit the site frequently at a regular interval. He has to make a round
and see for himself all the areas of the project. He shall hold site meetings
with representatives of general contractor, sub-contractors, nominated subcontractors, site engineers and clerk of works etc. In such a meeting, he
shall criticize under performance and delay in progress, unsatisfactory
quality etc. But shall not remain behind to praise a person for his good
work. This motivates the team to do better than before. He shall
always talk of co0operation and co-ordination between different agencies
and sub-contractors and suppliers. He shall motivate the whole team
for doing their best.
When the contractor is doing his work sincerely and satisfactorily, the
architect shall also go little out of the way it insists upon the owner for
making the payments to the contractor on time. Because that keeps
the contractors money rolling.
Study of contract document
Out of the three types of contractors an item rate contract is more
commonly used. We have made a list of components, generally included on
a contract document in Chapter XI. If it is a lump sum contract, there shall
be a slight change in the list of components. That also we have discussed in
Chapter XI. Common to both the types is the letter of offer given by a
contractor to the architect. (Please read a specimen given in Appendix
14.I). There are five paragraphs in the letter. Each of them is an important
commitment.
Letter of offer
In the 1st paragraph, there is a reference to the procedure adopted for
this tender, i.e. invited or Tender notice in newspaper dated
etc. There is also a reference to the work, i.e. name of the work for which
this procedure of tender is made. The next item is about the type of tender
Schedule of Rates if it is an item rate Tender or Lump sum amount of
Rs if it is a lump sum tender.
In the following paragraphs, the commitments made by the
contractor are of immense importance for the execution of project. Here, he
accepts your authorities as an architect for the project. He shall not raise
claims on account of conditions on site. He shall accept your authority to
forfeit E.M.D. under certain conditions. The contractor also commits the
time limit to complete the said work.
This offer letter shall be signed by the proprietor, if the contracting
company is proprietary, and by all the partners if it is Partnership Company,
names of all the partners shall be written by the contractor. A rubber stamp
of the office shall be used. All these precautions shall be taken to restrict
the possibilities of anyone backing out from the offer given. The other
partners shall not deny their legal responsibility.
In addition to the general Conditions of contract as prescribed by I.I.A.
and which are available in printed form, every architect may have a few
additional clauses for a particular work, which are called PRELIMINARY
CONDITIONS. These shall be included in tender and in contract as well.
While writing out these Preliminary Conditions, one should avoid repetition
4.
5.
6.
7.
8.
The Para says it is agreed as follows. This sets out the obligation of
each of the parties. The contractor has to complete the work as per the
terms of contract and the owner has to pay the contractor the contract
sum or the sum as becomes payable as per terms of contract from time to
time. The Articles further define the Architect for this contract and
appointing his successor in case, it is need to do so. The intention is not to
allow the contract to become void on account of change of Architect. There
is a point to be noted in this paragraph. Appointment of an Architect for this
work is entirely the owners choice. The contractor has given tender and
entered into contract knowing full well who the Architect, for the project is.
If he had any grievances regarding the Architect, the contractor in the first
place should keep himself away from tendering for the work. But now
having entered into contractor if for some reason, the Architect is required
to be changed; it cannot be the owners choice alone. The contractor has
a reasonable say in it.
Architects office shall make the contract document on stamp paper
and shall prepare two copies of it, at the same time.
A. Before signing the contract the architect shall allow both the parties
to contract particularly the contractors to satisfy themselves that the
item rates in the contract Bill, in all the three copies are the same as
agreed upon in tender offer.
B. Then the architect shall explain the Appendix to both the parties and
fill in the particulars.
C. Both the parties shall sign below the Appendix on all the three copies.
On Filling Appendix
365 days
This amount shall be rounded off to a suitable higher figure and shall be
written in Appendix. The per day amount shall not be too small; lest it will
NOT serve the purpose. Often the owner is nor=t happy with a small per
day penalty, particularly in case of industrial or commercial projects. Then
these calculations shall be made with higher rate of interest mutually
agreed, say 18 % or more. But remember, to make it a balanced contract,
you shall insist to apply the same rate of interest for the delayed payment
by the owner to the contractor. In that case, the architect shall correct the
rate of interest printed on all the copies of the contract, with a mutual
consent of both the parties. The architect shall put small signature there.
Value of Work for Interim Certificate
drawings and information such as line of reference and correct levels etc.
Therefore, you shall be capable to produce an accurate centre line plan.
Contractors Visit to Site
1. The contractor is supposed to study the conditions at the site
including access to the site, distance, availability of men and material
to the site etc. before filling in the item rates in the tender. This
clause is to prevent the contractor from making a claim for an extra
payment later on account of situation at the site.
2. Possession: The site is as if given in possession of the contractor to
do the construction work as per the contract from the date of
commencement and up to the date of completion subject to
extension of time given as per the relevant clause.
3. Treasures: Any treasures coins or object of Antiquity found on the site
shall be handed over to the owner. Often such things are found in
excavation.
Samples and Shop Drawings
Under this clause the contractor is required to submit the samples of
all materials within sixty days of signing the contract and not less than 120
days before its use in that particular item of work taking place on site. The
architect shall remember this clause and insist up on it. That will set the
contractor to make the arrangements well in advance and there will be
enough time to place the orders for supply of chosen and specified
material. The clause further says that the dates of submitting samples shall
be indicated on Bar chart. This is very important. That reminds every one,
the architect as well as the contractor, the activity that should take place
on a particular date to be on time.
Progress Chart
Project management is much talked about these days. In fact it is
nothing but methodic working of a project. If it becomes a habit with you to
work systematically in your everyday work, you are not far from Project
Management. Only ting remains to learn about and adopt in your work, a
couple of tools like BAR CHART (progress chart), flow chart and Network
Diagram etc.
This clause authorizes you to insist upon the contractor to produce a
progress chart (bar chart). You shall make copies of the same and keep one
in your office and the other on the site. You shall refer the chart every time
when on site visit to check the progress of work on site.
Access for Architect to the Work
The opening sentence of this clause says Architect shall be the
owners representative during the construction period. This is one of the
roles; the architect has to play in practice. The other roles being, owners
advisor, auditor and umpire. This clause gives an authority to the architect
to visit not only the work site but also places of work of sub-contractors for
the inspection of work being carried out there.
Architects Status and Decisions
There are about twelve points in this clause.
Taxes
The item rates shall include all taxes, duties and octroi etc. legally
payable. That means no additional payment towards any tax shall be paid
by the owner. (Works contract tax also).
Statutory Obligations, Notices, and Fees etc.
If a contractor uses the area of road for dumping a building material
during the construction period, the local authorities (Municipal corporation
etc) charges rent or fees for that, which the contractor is required to pay
under this clause. The contractor shall hand over the receipt of payment or
the N.O.C. to the architect, which may be required for the process of
Building Completion. Similarly, the plumbing contractor shall obtain a
N.O.C. from the Drainage Department and the water department as a part
of his duties under this contract. Similarly, the Electrical contract has to
submit test-report to the concerned authority and obtain the Electrical
supply to the property as a part of his duty under the contract. Architect
need not spend his time for these works.
Water for Construction
It shall be made clear by the architect as to what is the source of the
water supply to the site during the construction. The contractor also before
working out his item rates shall visit the site and take into account the cost
of water that may be required for the construction and shall provide for that
in the item rates.
Sub-Contractors
It is a usual practice that a General Contractor in turn engages the
sub-contractors or the labour contractors for the different of work involved
in a construction project. You may not see same workers doing concreting
who had excavated for foundations.
1. Under this clause, the contractor is required to submit a list of subcontractors he intends to engage for the major parts of the work. Any
of the Sub-contractors disapproved by the Owner/Architect shall not
be engaged on the work.
2. The Architect shall have powers to obtain the estimate and select
other agencies to carry out any of the works. Such agencies like
specialists, suppliers, tradesman selected by the Architect or the
Owner are called nominated sub-contractors. These shall be deemed
to be sub-contractors engaged by the contractor. If the contractor has
a reasonable objection against a Nominated sub-contractor, he shall
not be employed by the contractor with consent of the Architect.
3. It is the contractors responsibility to get the work done as per the
requirements of the contract from the sub-contractors and the
nominated sub-contractors.
4. For all the practical purposes the General Contractor shall treat a
nominated sub-contractor same as sub-contractor. Nominated subcontractor shall carry out the work as required by the contract and to
the satisfaction of the contractor and of the Architect.
5. Except the provision of Fire Insurance, which is to be done by the
General Contractor, all other provision of the contract on part of the
contractor is to be observed by the nominated sub-contractors.
PROVISIONAL SUM: At the estimate level, without going into the details,
a certain amount based on earlier experience, is provided in the tender
against an item by the architect, usually for purchases of goods. This
amount is further included in Contract Sum.
Certificate and Payments
It is one of the responsibilities under taken by the Architect, as per this
contract to work like an auditor. Any payment to be made by the owner to
the contractor shall be made only with the recommendation of the
Architect.
Claim for Extra
If instructions of the Architect given on the site involves an extra
work where by the contractor may plan to claim an extra rate, the
contractor shall inform the Architect before proceeding with the said work
on the site.
Deduction for Uncorrected Work
Any work damaged or not done in accordance with the contract, and
in the opinion of the Architect, it is not likely or helpful to try to correct it or
improve upon it, the Architect in such a case reduce or make an equitable
deduction from the contract price of that work.
Fluctuation
This clause is not suitable in present day situation. In the developing
economy of the country, the market is expected to be unsteady. Instead of
this clause, the clause of Basic Rates of Materials as explained is
recommended.
Unfixed Goods and Materials
As per this clause, the building material brought on the site shall not
be removed from the site without a written instruction of the Architect,
more as when the value of such material on the site is certified by the
Architect for the payment in R.A. Bill. The reason being since now, the
owner has paid for that material, it belongs to the owner; therefore it shall
not be removed from the site without permission except for its use in the
construction. However, safety and security of the material on the site shall
be the contractors responsibility.
Materials and Workmanship
1. All building materials and workmanship shall be as per the relevant
code of I.S.I. specifications. The contractor shall remove from the
works site any material and/or work, which in the opinion of the
Architect are defective or unsuitable and shall substitute a proper
material and/or a workmanship at his own cost.
2. Whenever a special make or the brands are called for, they are
mentioned as a standard. Others of equal quality may be used with a
written approval from the Architect. Such an approval must be taken
within 30 days after signing of the contract. Thereafter a request for
substitution may be denied.
Defects
The contractor shall make good, at his own cost and to the
satisfaction of the architect, all the defects, shrinkages, small faults arising
in the work that may appear within Defects Liability Period.
The contractor shall make good the defects as directed by the
architect, at his own cost, within a reasonable time as given by the
architect.
Water proofing of Terrace
The main contractor, preferably along with the sub-contractor for the
water proofing work shall give in writing on stamp paper, a guarantee for
Ten Years to the owner, about the water proofing work.
Extension
The extension of time to complete the project can be given by the
architect only under certain conditions given below. The contractor has to
give a written notice to the architect immediately if he has lost the time of
work for the reasons beyond his control such as given below. If the reason
is true and reasonable, the architect shall inform in writing to the contractor
and the owner as well, the number of days of extension granted beyond the
date of completion.
Damages for Non-completion on Time
If the contractor fails to complete the work by the date specified in
Appendix or within extended time given by the architect, then the
contractor shall pay the owner or allow to the owner to deduct the penalty
from any amount due to the contractor. This amount of penalty shall be
worked out at the rate of interest agreed upon and written in Appendix, on
the contract amount for the period of Extra Time taken by the contractor
to complete the project.
Virtual Completion and Defects Liability Period
When in the opinion of the architect, the project (work) is practically
completed; the Architect shall issue immediately a certificate (a letter to
the owner with a copy to the contractor) to that effect. The date of
completion of the project stated in this letter shall be referred for all the
purposes of the conditions on this contract.
Loss and Expense Caused by Disturbance of Regular progress of
Work
This is one
evidence that this is a balanced contract. If there be any hindrance in the
normal progress of work on the site because of the following reasons, this
contract provides a monetary compensation to the contractor. The
contractor shall make a written application to the architect stating the
cause of hindrance and the direct loss or expense incurred by him. If the
contractor is not reimbursed by the payment under any other provision in
this contract, then the architect shall ascertain the amount of such loss or
expense and add that amount to the certificate for payment to the
contractor.
Injury to Persons
agree upon their decision on all the points of dispute, then they can give
their AWARD. If the Joint Arbitrators defer in their decisions of the points of
dispute, then the Joint Arbitrators shall refer the matter of the Umpire. The
Umpires decision shall be final and binding on both the parties. One should
note here and appreciate the importance of appointing an umpire before
commencing the hearing of the case by the joint Arbitrators. The selection
and appointment of the umpire shall be done with unbiased and impartial
mind. Therefore, it shall b done before the start of a hearing.
Questions
Two Marks:
1. Define a contract?
2. Name two conditions of void contract?
3. What is meant by arbitration?
4. What is a lump sum contract? Mention any two advantages.
5. What are the elements of contract?
6. What is Indian Stamp Act?
7. What are the contents of contract document?
8. What are the types of tender applicable to contract?
9. Explain interim award?
10. Explain the three types of Arbitration?
11. Write short notes on arbitrator.
12. What is retention amount?
13. Why is necessary for a contractor to visit the construction site prior to
tendering?
14. What is the role of a clerk of works in a construction site?
15. Explain the importance of Articles of Agreement in a contract
document.
16. Differentiate between arbitrator and umpire.
17. What do you understand by the term award?
18. A tenderer is required to visit the construction site before offering his
tender. why?
19. What is your understanding of the term Retention Amount?
20. Explain the importance of certificate in a construction process.
21. What are liquidated damages?
22. What is the meaning of the term determination of contract?
23. Why is the necessary for a tenderer to inspect the construction site
before tendering?
24. Who is clerk of works? What are his duties?
25. What is the meaning of the term Award in an arbitration process?
26. What is the purpose of certificates in a construction agreement?
27. Who is resident engineer?
Sixteen Marks:
1. Explain briefly the procedure you would follow in the selection of a
contractor for a building project
2. What are the qualifications of an arbitrator? What are the advantages of
settling dispute through arbitration?
3. Explain the contents of Articles of Agreement.
4. Enumerate the conditions of a valid contract.
5. Explain in detail a contract document?
UNIT -III
NEW TRENDS IN PROJECT
FORMULATION AND EXECUTION
BOT (build-operate-transfer)
BOOT (build-own-operate-transfer)
BOO (build-own-operate)
BLT (build-lease-transfer)
DBFO (design-build-finance-operate)
DBOT (design-build-operate-transfer)
DCMF (design-construct-manage-finance)
BOT in construction
Build Operate Transfer is a major startup business venture where
private organizations undertake development and operation of a facility
normally done by the government. The termination of the private sector
involvement occurs at the return of the ownership of the facility to the
government after a fixed concession period, usually 25 to 40 years (Tiong,
1990). Among the various definitions of BOT, the following definition is
adopted in this book that constitutes the premise for conducting this
research. In the BOT approach, a private party or concessionaire retains a
concession for a fixed period from a public party, called principal (client),
for the development and operation of a public facility. The development
consists of the financing, design and construction of the facility, managing
and maintaining the facility adequately, and making it sufficiently
profitable. The concessionaire secures return of investment by operating
the facility and, during the concession period, the concessionaire acts as
owner. At the end of the concession period, the concessionaire transfers
the ownership of the facility free of liens to the principal at no cost3. A key
characteristic of BOT is private financing. In BOT, the government
subcontracts the entire development process, including the associated
risks, to the private entity. One of these risks is financing, which must be
obtained by the concessionaire, who is ultimately responsible for all
aspects of the project.
A prerequisite for private financing is a need for the facility to be
developed; for example, a highway extension due to increasing traffic jams,
more bed space in detention and correctional facilities due to an increase
in crime and the number of incarcerated individuals, a tunnel or bridge to
solve traffic problems and facilitate accessibility, or a sewage system or
power generation to support the growth in population and industry. If there
is no obvious requirement for the facility, private parties will refuse to
participate and provide financial support. Only after market analysis
justifies a need will private parties be willing to financially participate as
well as become involved in developing the facility. BOT is just one of the
many different project delivery schemes within the context of privatization
or public-private-partnerships. The two other schemes that appear most
similar to BOT are Build Own Operate (BOO) and Build Transfer Operate
(BTO). In all three cases, the private party retains revenues from operating
the facility.
In BTO, the private party transfers the ownership of the facility
directly after the delivery and operates the facility on behalf of the
principal. In BOO, the private party retains ownership of the facility, makes
returns on investment by operating it for its useful life, and may sell it at
any point at market value. Besides the three most common approaches,
BOT, BOO and BTO, other variations can also occur (Fig. 0.3). All differ from
each other in the way the level of risk is divided between the private and
public parties. Each form is a kind of a public-private-partnership but all are
unique in allocating risks to the individual parties.
MAJOR PARTICIPANTS IN BOT PROJECTS
Five major participants are identified in every BOT project and Fig.
0.4 shows the typical structure. Very simply, the principal grants the
Principal
In a BOT project, the principal is usually a government agency, a local
or federal government body that recognizes the need for a public facility
but is unable to financially support the project. The government agency is
thus forced to look for alternative options.
Concessionaire
After the identification of the need for the facility, the government,
following a due process, will grant a concession to the concessionaire. The
concessionaire is usually a consortium and takes the responsibility of
developing (designing, financing and constructing), maintaining and
operating the facility, on behalf of the principal. The concessionaire is the
owner of the facility during the concession period and realizes profits on
the initial investment through the usage of the facility
Investors
Financing is supplied by the private sector and the investors include
both shareholders and lenders. The shareholders invest money in
5.BLT (build-lease-transfer)
Under BLT a private entity builds a complete project and leases it to
the government. On this way the control over the project is transferred
from the project owner to a lessee. In other words the ownership remains
by the shareholders but operation purposes are leased. After the expiry of
the leasing the ownership of the asset and the operational responsibility
are transferred to the government at a previously agreed price. For
foreign investors taking into account the country risk BLT provides good
conditions because the project company maintains the property rights
while avoiding operational risk.
6.DBFO (design-build-finance-operate)
Designbuildfinanceoperate are a project delivery method very
similar to BOOT except that there is no actual ownership transfer.
Moreover, the contractor assumes the risk of financing till the end of the
contract period. The owner then assumes the responsibility for
maintenance and operation. Some disadvantages of DCMF are the difficulty
with long term relationships and the threat of possible future political
changes which may not agree with prior commitments. This model is
extensively used in specific infrastructure projects such as toll roads. The
private construction company is responsible for the design and
construction of a piece of infrastructure for the government, which is the
true owner. Moreover the private entity has the responsibility to raise
finance during the construction and the exploitation period. The cash flows
serve to repay the investment and reward its shareholders. They end up in
form of periodical payment to the government for the use of the
infrastructure. The government has the advantage that it remains the
owner of the facility and at the same time avoids direct payment from the
users. Additionally, the government succeeds to avoid getting into debt
and to spread out the cost for the road over the years of exploitation.
7.DCMF (designconstructmanagefinance)
Some examples for the DCMF model are the prisons or the public
hospitals. A private entity is built to design, construct, manage, and
finance a facility, based on the specifications of the government. Project
cash flows result from the governments payment for the rent of the
facility. In the case of the hospitals, the government has the ownership
over the facility and has the price and quality control. The same financial
model could be applied on other projects such as prisons. Therefore this
model could be interpreted as a mean to avoid new indebtedness of
public finance.
Questions
Two Marks:
1. What are the advantages of a turnkey contract?
2. What are the various current practices in Project execution?
Sixteen Marks:
1. Explain BOLT form of project financing with a suitable case study.
2. Explain the conditions for inviting turnkey offer and the process involved
in the finalization of the bidder.
..
UNIT - IV
IMPLICATIONS OF GLOBALISATION IN
ARCHITECTURAL PRACTICE
Globalization
Globalization (or globalization) is the process of international
integration arising from the interchange of world views, products, ideas,
and other aspects of culture.
Advances in transportation and
telecommunications infrastructure, including the rise of the telegraph and
its posterity the Internet, are major factors in globalization, generating
further interdependence of economic and cultural activities.
The term globalization has been in increasing use since the mid1980s and especially since the mid-1990s. [6] in 2000; the International
Monetary Fund (IMF) identified four basic aspects of globalization: trade
and transactions, capital and investment movements, migration and
movement of people and the dissemination of knowledge. Further,
environmental challenges such as climate change, cross-boundary water,
air pollution, and over-fishing of the ocean are linked with globalization.
Cross-cultural contacts grow and cultural diffusion takes place, which helps
in minimizing differences, and promotes companionship.
External Borrowing
It has often been seen that a poor country is unable to provide
adequate financing to its companies, which proves to an obstacle in the
development of the country on the whole. With the help of globalization,
there is opportunity for corporate, national, and sub-national borrowers to
have better access to external finance, with facilities such as external
commercial borrowing and syndicated loans.
It is a common belief that globalization plays a role just at
international levels of trade and commerce, but the fact is that it has
played an important role in making our lives much more comfortable too.
The phones, apparels, gadgets or accessories that we use in our day-to-day
life are being available to us through globalization. Knowingly or
unknowingly, we are all under the impact of globalization, and more
importantly it has helped in bringing international peace and justice to
mankind.
Disadvantages of Globalization:
1. Developed countries can stifle development of undeveloped and
under-developed
countries.
2. Economic depression in one country can trigger adverse reaction
across the globe.
3. It can increase spread of communicable diseases.
4. Companies face much greater competition. This can put smaller
companies, at a
disadvantage as they do not have resources
to compete at global scale.
5. Globalization can ruin the environment. Moving things from one
area to another wastes oil, etc.
6. Globalization can ruin local economies. There is a movement that
wants to buy local
- especially organic foods.
7. Globalization can lead to hyper-specialization, which can be good, but
also negative.
There is something great about being a generalist. Also what if
something goes wrong. To know things generally give an
incredible perspective that specialists do not have.
8. Globalization can be driven by people with "know how" and power
and they can
systematically fleece the world.
What is the WTO?
The World Trade Organization (WTO) is the only global international
organization dealing with the rules of trade between nations. At its heart
are the WTO agreements, negotiated and signed by the bulk of the worlds
trading nations and ratified in their parliaments. The goal is to help
producers of goods and services, exporters, and importers conduct their
business.
Goal
There are a number of ways of looking at the World Trade
Organization. It is an organization for trade opening. It is a forum for
governments to negotiate trade agreements. It is a place for them to settle
trade disputes. It operates a system of trade rules. Essentially, the WTO is
a place where member governments try to sort out the trade problems
they face with each other.
Functions
Among the various functions of the WTO, these are regarded by
analysts as the most important:
(i)
It oversees the implementation, administration and
operation of the covered agreements.
It provides a forum for negotiations and for settling disputes.
(ii)
Additionally, it is the WTO's duty to review and propagate the
national trade policies, and to ensure the coherence and transparency of
trade policies through surveillance in global economic policy-making.
Another priority of the WTO is the assistance of developing, leastdeveloped and low-income countries in transition to adjust to WTO rules
and disciplines through technical cooperation and training.
The WTO is also a center of economic research and analysis: regular
assessments of the global trade picture in its annual publications and
research reports on specific topics are produced by the organization.
Finally, the WTO cooperates closely with the two other components of the
Bretton Woods system, the IMF and the World Bank.
Principles of the trading system
The WTO establishes a framework for trade policies; it does not
define or specify outcomes. That is, it is concerned with setting the rules of
the trade policy games. Five principles are of particular importance in
understanding both the pre-1994 GATT and the
WTO:
Non-discrimination. It has two major components: the most favored
nation (MFN) rule, and the national treatment policy. Both are embedded in
the main WTO rules on goods, services, and intellectual property, but their
precise scope and nature differ across these areas. The MFN rule requires
that a WTO member must apply the same conditions on all trade with other
WTO members, i.e. a WTO member has to grant the most favorable
conditions under which it allows trade in a certain product type to all other
WTO members. "Grant someone a special favor and you have to do the
same for all other WTO members." National treatment means that imported
goods should be treated no less favorably than domestically produced
goods (at least after the foreign goods have entered the market) and was
introduced to tackle non-tariff barriers to trade (e.g. technical standards,
security standards et al. discriminating against imported goods).
Reciprocity. It reflects both a desire to limit the scope of free-riding that
may arise because of the MFN rule, and a desire to obtain better access to
foreign markets. A related point is that for a nation to negotiate, it is
necessary that the gain from doing so be greater than the gain available
from unilateral liberalization; reciprocal concessions intend to ensure that
such gains will materialize.
Binding and enforceable commitments. The tariff commitments
made by WTO members in a multilateral trade negotiation and on
accession are enumerated in a schedule (list) of concessions. These
schedules establish "ceiling bindings": a country can change its bindings,
but only after negotiating with its trading partners, which could mean
compensating them for loss of trade. If satisfaction is not obtained, the
complaining country may invoke the WTO dispute settlement
procedures.
Transparency. The WTO members are required to publish their trade
regulations, to maintain institutions allowing for the review of
administrative decisions affecting trade, to respond to requests for
information by other members, and to notify changes in trade policies to
the WTO. These internal transparency requirements are supplemented and
facilitated by periodic country- specific reports (trade policy reviews)
through the Trade Policy Review Mechanism (TPRM). The WTO system tries
also to improve predictability and stability, discouraging the use of quotas
and other measures used to set limits on quantities of imports.
Safety valves. In specific circumstances, governments are able to restrict
trade. The WTO's agreements permit members to take measures to protect
not only the environment but also public health, animal health and plant
health.
There are three types of provision in this direction:
articles allowing for the use of trade measures to attain noneconomic objectives;
protection measures as a means of disguising protectionist policies.
Articles aimed at ensuring "fair competition"; members must not use
environmental
Provisions permitting intervention in trade for economic reasons.
Exceptions to the MFN principle also allow for preferential treatment
of developing countries, regional free trade areas and customs
unions.
GAT
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.
Services are covered by GATS?
GATS consider education as a tradable service. GATS covers 12
service sectors (Business; Communication; Construction and Engineering;
Distribution; Education; Environment; Financial; Health; Tourism and Travel;
Recreation, Cultural, and Sporting; Transport; "Other".). Two exceptions are
services in the exercise of governmental authority and air traffic rights
of migration.
There are three key requirements for registration: a professional
degree from a school of architecture accredited by the AACA; at least
two years of practical experience, and; the completion of the
architectural practice examination.
Architects may also belong to the Australian Institute of Architects
(formerly the Royal Australian Institute of Architects) which is the
professional organization and members use the suffix AIA after their
name.
Most States have legislation which covers the use of the title
"architect" and makes it an offence for abusers of the title. As this can
vary, it is essential to check the relevant legislation applicable in each
State.
Canada
In Canada, architects are required to meet three common
requirements for registration: education, experience, and examination.
Educational requirements generally consist of an M.Arch. Degree and are
certified by the Canadian Architectural Certification Board (CACB). For
degreed candidates, the experience requirement is typically the Intern
Architect Program (IAP). The provincial associations of architects, by the
authority granted under their respective provincial Architects Act, require
that Interns gain a minimum of 5,600 hours of work experience. The
fundamental purpose of the pre-registration/licensing employment period
is to ensure that the Intern is provided with sufficient experience to meet
the standards of practical skill and level of competence required to engage
in the practice of architecture. This experience is diversified into four main
categories and 16 sub-categories, and must be completed working under
the direct supervision of a registered architect. At present, all jurisdictions
use the Architect Registration Examination (ARE), a series of seven
computerized exams administered by the National Council of Architectural
Registration Boards (NCARB). As well, all jurisdictions recognize the
Examination for Architects in Canada (Ex AC), administered by the Pan
Canadian Ex AC Committee. Upon completion of the educational
requirements, IAP, and examinations, one can apply for registration/license
with their respective provincial architectural institute. An annual fee must
be paid, and continuing education requirements met, in order to maintain
a license to practice.
The Royal Architectural Institute of Canada (RAIC) was established in
1907 and is a voluntary national association representing more than 3,600
architects and Faculty and graduates of accredited Canadian Schools of
Architecture.[2] The RAIC aims to be "the voice of Architecture and its
practice in Canada". Members are permitted to use the suffix MRAIC after
their names. The suffix FRAIC (Fellow of the RAIC) is used by members of
the RAIC College of Fellows. Not all members of the RAIC hold accredited
degrees in architecture, and not all Canadian architects are members of the
RAIC.
India
clearly bars foreign architects from practicing in India. "It is not part of
our commitment to WTO and can only be done if there is qualification
equivalence or mutual recognition," an official said. This means that
architects from a foreign country can be allowed to practice in India on a
reciprocal basis if the professional qualifications are accepted or
architects from either country clear the stipulated professional tests. For
this to happen, CoA and its foreign counterpart have to come to an
agreement.
While foreign lawyers are explicitly banned from practicing in India,
the Institute
of Chartered Accountants of India has entered into mutual recognition
agreements with its counterparts in the UK, Canada and Australia for
reciprocal membership arrangements.
Although the government has repeatedly tried to open up the
professional services market to foreign players, industry bodies have
prevented it from going ahead, citing threat to livelihood. Despite the "ban"
foreign players have thrived with audit firms such as EY, KPMG and Deloitte
taking over domestic firms. They have used their brands to get business
but use the local firms for signing off on accounts. In case of law firms,
several Indian players have tie-ups with overseas solicitors, who advise
them but cannot appear in court.
Example current scenario
Foreign Architects in India
The profession and practice of architecture in India has undergone a
complete transformation in this decade. The last eight years have been a
boom time, not seen since the heady days of Post Independence India.
The booming economy and the burgeoning middle class has
prompted developers to bring in foreign architects with foreign fees to
design everything from airports to residential and office towers and
bungalows and resorts.
Foreign architects bring in the tried and tested processes and
function precision to bring about a complete turnaround in the way projects
are designed and built. They pair up with Indian firms who have the
expertise on the ground to get things done and built.
Foreign architects for the most part are bringing in foreign solutions
and design principles which may not all work in India, but the public does
not think a second before lapping it all up. We are literally bringing New
York, Chicago, Tokyo or Shanghai to Bombay, Delhi, Calcutta, Madras and
countless other towns and cities.
Only time will tell if this is successful in the long term. India is not the
only place in the world where this is happening. China is way ahead of us in
transplanting urban fabric from the West into their cities.
The TOI has an interesting article about the whole phenomenon of
foreign architects coming to India.
" Time was when there was only the occasional eruption of concrete.
Today, Indias skyline is a work in progress. But while the towering new
skyscrapers, sprawling IT parks, glitzy airports and swanky townships
reflect desi aspirations, the blueprint, more often than not, is foreign.
Britains RMJM for architecture and interiors and HOK for floor plans,
besides a course designed by Australian golfer Greg Norman.
With so much demand, it isnt surprising that Mark Igou, director in
the US architectural firm Skidmore, Owings and Merrill Llp (SOM), has been
shuttling between New York and India over the last three years. I spend
more than three months a year in India, familiarizing myself with the
ground situation. And ground reality is what SOM the firm which has
designed the Burj Dubai, which will be the worlds tallest skyscraper when
it is finished in 2009 is faced with in Mumbai where it is designing
homes for slum dwellers in Mumbais Santa Cruz as part of a masterplan
for Unitech. Its a unique design challenge recreating the same sense
of community that exists in their current housing so that people dont want
to return to the slums they left, says Igou. SOM is also using the services
of sociologists and cultural anthropologists to get a sense of the social and
cultural aspects of the lives of those being rehabilitated.
Whether its slum housing or a swanky township, India is essential to
the design inputs. Education and social interaction are both important to
Indians so our designs will reflect these needs. So residential units would
have schools nearby and public spaces for people to interact, he says.
Besides projects like the Jet Airways headquarters in Mumbai, SOM is also
working in Tier-II cities like Ahmadabad and Nagpur.
Be it the Indian ethos or the vagaries of its climate, Uruguayan
architect Carlos Ott keeps it in mind when he is on the drawing board. Ott,
who has designed a techno park for Tata Consultancy Services at Siruseri,
Chennai, in association with countryman Carlos Ponce de Leon, says, I am
constantly studying the history and traditions of India, hoping to integrate
some of its characteristics in my buildings. And though my work is
definitely contemporary, the clues from the past are integrated in a
modern vocabulary.
Ott is building on the work that earlier foreign architects have done in
India. Apart
from Lutyens and Le Corbusier, several other international architects have
showcased their designs in India. Ahmadabads Indian Institute of
Management reflects Louis Kahns trademark style of veering towards
monolithic masses resembling ancient ruins. Christopher Charles
Benningerdesigned the Mahindra United World College of India, near Pune.
British- born Laurie Baker planned the Fishermens Village in Poonthura in
Kerala, while American Joseph Stein gave shape to Delhis India
International Centre.
Now, a new generation of foreign architects has designs on India. And
their glittering computer-generated images look set to redefine the
countrys skyline. "
Construction sounds boom loudly nowadays as the Indian skyline
towers with competing skyscrapers and IT office parks sprawling in outer
suburban townships. More high-tech, high-glitz international airports
replete with all the commercial building associated with major
transportation hubs have fulfilled many Indian intended building goals but
the design is often American inspired.
Design Demand Outpaces Local Delivery
or be sued.
The head office shall be in Delhi unless stated otherwise by the
central government, which will be put in the gazette.
Specifies the number of members who are to be on the council
and there mode of election.
It talks about the registration of architects. That with them they
should have their birth certificate, national identification card,
relevant school documents and a degree from a known institution.
Punishments to those who give false representation are also stated.
The Indian government also did establish a code of conduct in the
Indian constitution. It is under the professional code of conduct 1989. It
states that:
Every architect who's either employed or practicing is
subject to the provisions of the central civil services.
An architect should make sure that his professional activities do not
conflict with his responsibilities and what he is entitled to do, his
responsibility to the society and environment.
He or she should apply and use his skills responsibly for the
economic development of India.
The architect shall provide professional services of high
quality and to the best of his ability.
Should always inform the client on the conditions of
engagement and the terms of agreement especially if one
is on private practice. These are to form the basis of an
appointment.
One should not sub commission work to another or other
architects without an agreement with his client.
He should not give or take discounts, gifts, commissions or any form
of inducement for introduction of a client or work.
He should act with impartiality and fairness when
administering a contract.
The architect should maintain very high standards of
integrity.
Should promote the advancement of architecture, research,
training, architectural education and also training.
He
should
respect
and
recognize
professional
responsibilities of consultants.
Questions
Two Marks:
1. What do you understand by globalization in architectural practice?
2. Writes short notes on GATS?
Sixteen Marks:
1. What are the pre- requisites for Indian architects to work in other
countries.
UNIT V
EMERGING SPECIALISATIONS FOR AN
ARCHITECT
Contents:
Definition
Introduction to Project Management
Evolution of Project Management
Todays Scenario - Fields in Project Management
Function of Project Management
Role of an Architect in Construction
Project:
What is a Project?
Projects are unique, transient endeavors undertaken to
achieve a desired outcome.
The definition of a project identifies two of the key features:
Uniqueness
Projects are separate to business-as-usual activities, requiring people
to come together temporarily to focus on specific project objectives. As a
result, effective teamwork is central to successful projects.
Transience:
A project has a specific start and end point and is set up to
meet specific objectives, to create a specified result, product or
service.
What is project Management?
At its most fundamental, project management is about people
getting things done.
Project management
is the process by which projects are
defined, planned, monitored, controlled and delivered such that the agreed
benefits are realized. Projects bring about change and project
management is recognized as the most efficient way of managing such
change. (APM, 2011)
Project management focuses on controlling the introduction
of the desired change. This involves:
Understanding the needs of stakeholders.
Planning what needs to be done, when, by whom, and to what
standards.
Building and motivating the team.
Coordinating the work of different people.
Monitoring work being done.
Managing any changes to the plan.
Delivering successful results
Evaluation of Project Management
It can be conjectured that the history of project management goes
back to the time of the pharaohs and the construction of pyramids of
Giza or to the Qin dynasty and the Great of China
Contemporary project management has its roots in the 1950s and
1960s although Henry Gantt, widely recognised as the father of
planning and control techniques and his eponymous bar chart in the
early 1900s and Gantt Charts were used during World War 1 to
reduce the build- time of cargo ship.
The concept of project management was after its introduction,
mainly used by the construction industry due to the temporary
nature of its projects.
Two forefathers of project management are Henry Gantt, called the
father of planning and control techniques, who is famous for his use
of the Gantt chart as a project management tool.
Todays Scenario Fields in Project Management:
With the advent of the new millennium, project management is
increasingly seen as part of the general management too and its
techniques are deployed across all sectors of business and all types of
project.
IT
Construction Industry
Retail
Healthcare
Mining
Function of Project Management:
A list of functions carried out by project managers:
Establishment of the clients objectives and priorities.
Design of the project organization structure.
Identification of the way in which the client is integrated into the
project.
Advice on the selection and appointment of the
contribution to the project and the establishment of their
teams of reference.
Translation of the clients objectives into a brief for the project team
and its transmission.
Preparation of the programme for the project.
Activation of the framework of relationships established for the
contributors.
Establishment of an appropriate information and communication
structure.
Convening and chairing meetings of appropriate contributors at all
stages.
Monitoring and controlling feasibility studies, design and production
to ensure that the brief is being satisfied, including adherence to the
budget, investment and programme plans.
Contribution to primary and key decisions and to making operational
decisions.
Recommendation and control of the implementation of a strategy for
disposal or management of the completed project, including
commissioning the building and advising on arrangements for
Cost
Quality
Time
RISK
SCHEDULE
COST
Initiate:
Schedule
Risk management
3. Closing Process
Handover of the project with achieved objectives &
deliverables e.g commercial & technical handover.
Who is a good Project management?
Leadership skills
Motivation skills
Decision maker
Teambuilding
Forecast and plan
Manage risk
Effective control of resources.
Indian project management companies in the market
DTZ
CBRE
JLL
Turner & Townsend
Design & Build firms.
Cushman & Wakefield
Project management school in India:
NICMAR
Tools and techniques
Project management Softwares ( Primavera,
Microsoft project plan, pert master etc )
Templates for individual deliverables ( 5 phases of the project)
Regular Meetings
Why this Subject? (objective)
To understand Traditional Management System Grant chart, Bar
Chart, PERT, CPM, WBS etc
Skills soft & hard skills
Programming, Network Techniques
To Establish a relationship between Project Cost and Project Planning
Application of Softwares in Planning of Simple Projects.
Questions
Two Marks:
1. What do you understand by a dummy activity?
2. Mention any four rules to be followed for drawing a network diagram.
Sixteen Marks:
1. Explain and analyze the role, function and responsibilities of a
construction manager and a project manager.
2. Explain the planning, scheduling and controlling phases of a project
management.
.