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Chapter-2

Chapter 2 discusses the role of architects, outlining their responsibilities in planning, designing, and overseeing construction projects while ensuring safety, compliance, and aesthetic quality. It details the architect-client relationship as a collaborative partnership, emphasizing the importance of clear communication and contractual agreements. Additionally, the chapter highlights the duties and liabilities of architects, clients, and contractors in construction projects, underscoring the need for mutual understanding and adherence to legal and professional standards.

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Monika sharma
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0% found this document useful (0 votes)
3 views7 pages

Chapter-2

Chapter 2 discusses the role of architects, outlining their responsibilities in planning, designing, and overseeing construction projects while ensuring safety, compliance, and aesthetic quality. It details the architect-client relationship as a collaborative partnership, emphasizing the importance of clear communication and contractual agreements. Additionally, the chapter highlights the duties and liabilities of architects, clients, and contractors in construction projects, underscoring the need for mutual understanding and adherence to legal and professional standards.

Uploaded by

Monika sharma
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

Chapter 2 - Role of Architect

Architect as profession
An architect is a person who plans, designs and reviews the construction of buildings. Architecture as a
profession is a regulated field that blends art, science and technology to design and build structures that
are safe, useful, and beautiful. Architecture is not just about drawing buildings; it is the professional
practice of creating spaces for human life. Architects design single-family homes, massive skyscrapers,
public parks, and even entire neighborhoods. They balance the aesthetic look of a building with its
structural safety, costs, and material durability.

Services by practicing architect:


The professional services provided by a practicing architect/Firm are comprehensive, guiding a project
from an empty plot of land to a completed, habitable building. These services are typically categorized
into six standard chronological phases, followed by specialized consultancy services.

1. Pre-Design & Feasibility Services


> Briefing & Programming: Meeting the client to analyze their spatial requirements, organizational goals,
and financial budget.

> Site Evaluation: Inspecting the plot to analyze soil conditions, climate, sun paths, wind directions, and
surrounding infrastructure.

> Zoning & Regulatory Check: Investigating local municipal building bylaws, setbacks, and Floor Area
Ratios (FAR) to ensure legal compliance.

2. Schematic Design (Conceptual Phase)


> Initial Layouts: Creating rough conceptual floor plans, site layouts, and spatial relationships for client
review.

> 3D Visualizations: Generating computer-rendered 3D models and perspective sketches to give the
client a realistic look at the exterior and interior forms.

3. Design Development (Refinement Phase)


> Detailed Drawings: Refining approved sketches into dimensioned plans, wall sections, and precise
elevations.

> Engineering Coordination: Integrating structural, mechanical, electrical, and plumbing (MEP) systems
into the architectural framework.

4. Construction Documentation & Permitting


> Building Permits: Compiling and submitting the official documentation required by municipalities and
local building councils to secure legal construction approval.
> Working Drawings: Drafting blueprints featuring accurate construction details, material specifications
and finishes for the contractor.

5. Tendering & Procurement (Bidding Phase)


> Cost Estimation: Preparing the Bill of Quantities (BOQ) and technical specification manuals to
determine project costs.

Contractor Selection: Inviting construction companies to bid on the project, analyzing their proposals,
and advising the client on selecting the right contractor.

6. Construction Administration (Supervision Phase)


> Site Inspections: Conducting regular site visits to ensure the contractor builds exactly according to the
approved designs and safety specifications.

> Quality & Progress Control: Reviewing material samples, issuing structural clarifications, certifying
progress payments for the contractor, and issuing the final completion certificate.

Architect’s Role in Society


In professional practice the architect’s role in society is defined by

1) Legal liability for public safety:

They hold the primary legal responsibility to protect public health, safety and welfare by ensuring
buildings meet strict structural, fire and accessibility codes.

2) Impartial professional mediator:

They act as an ethical, neutral arbiter between the client and the contractor ensuring contract
compliance without bias.

3) Environmental Stewardship:

They fight climate change by designing energy efficient structure, reducing carbon footprints and
specifying sustainable material.

4) Social and cultural guardian:

They shape community interactions through public space design while preserving historical identity.

5) Economic project leader:

They manage complex project into cost effective alternatives without compromising design quality or
public safety.
Architect-Client Relationship

The architect-client relationship is a collaborative, long-term creative partnership rather than a basic
business transaction. The client provides the vision, needs, and capital, while the architect brings
technical, artistic, and legal expertise. This synergy directly determines the safety, budget, and overall
success of the project.

In Nepal, as employment opportunities in the public and semi-public sectors become saturated, the
trend towards individual private practice will have to be expanded. Currently less than 5% of the
buildings in Nepal are design by architects and the majority of architects are concentrated in Kathmandu
Valley. If the percentage of buildings designed by architects can be increased and architects begin
practice in the rapidly urbanizing centers of the country, the scope for private practice is quite
significant.

The success of private practice hinges on the successful client architect relationship. Professional
organization recognize this and include in their code of ethics. Relationship breakdown is less from
failure in design and more often due to breakdown in the contractual relationship due to
misunderstanding, miscommunication or general lack relative responsibilities of both parties. It is
importance therefore for both parties to have a clear understanding not only of their rights,
responsibilities and duties but also of the other party. This understanding can be brought about through
discussion, letters, recorded minutes of meetings etc. However the use of contracts is one of the most
convenient ways of establishing ground rules. Although one can produce one’s contract, the uses of
standardized contracts ensure that important issues are not left out. Contracts have been continuously
reviewed and revised and tend to be fair to both parties.

For the meeting of minds to be successful, two condition must be fulfilled

i) The relationship needs to be detailed out as much as possible so that both parties understand them
fully.

ii) The understanding need to be achieved before the contractual relationship has been formalized.

The standard contract always specify the basic service to be provided. This helps to protect the architect
against the unrealistic expectation s of the client and alerts the client to his role during the period of
contract. The relationship must never rely on a verbal agreement. It should be bound by standard legal
contracts that explicitly state the scope of work, project milestones, fee structures, and intellectual
property (copyright) rights.

In conclusion, the client-architect relationship is a process of co-creation. An architect cannot build


without the client’s capital and vision, and a client cannot achieve a safe, functional, and beautiful
structure without the architect's professional guidance. When rooted in a strong legal contract, clear
communication, and defined roles, this professional synergy ensures the successful delivery of a project
that satisfies both artistic standards and practical needs.
When dealing with the client, a few things which need to be kept in mind:

1) Time to sign contract:

2) Clarifying clients requirements

3) When to stop designing

4) Accuracy of estimate

5) Delays beyond architect control

6) Extent of services

7) Site visits

8) Architect’s fees

Client, Architect and Contractor duties and responsibility in Construction Project.

Architect duties and responsibility


1) Designing: Creating architectural blueprints, floor plans and 3D visualization based on client needs.

2) Permit Approval: Preparing municipal drawing to get building permits from local government offices.

3) Code Compliance: Ensuring all designs follow Nepal National Building Code (NBC) and local bylaws.

4) Cost Estimation: Assisting in preparing the Bill of Quantities and determining material specifications.

5) Engineering Coordination: Collaborating with structural, mechanical, electrical and plumbing


engineers to integrate all systems.

6) Site Supervision: Visiting construction site regularly to check that workers follow approved drawings.

7) Quality Control: Inspecting materials and construction standards to ensure building safety and
durability.

8) Problem Solving: Resolving unexpected design challenges and structural issues on site during
construction.

Client duties and responsibilities


1) Land Documents: Providing legal land ownership papers (Lalpurja), trace maps, and boundary details.

2) Contract agreement: To enter into contract with consultant/architect and contractor.


3) Site Access: Giving the contractor clear, physical, tested and undisputed possession of the
construction site.

4) Permit Approvals: Securing official building construction permits from the local municipality.

5) Timely Payments: Paying the other parties promptly according to the agreed contract milestone.

6) Neighbor Consent: Obtaining No Objection Certificates from neighbor before the start of
construction.

7) Official Communication: Directing all change requests and instructions through the architect, not
directly to laborers.

8) Prompt Decision: Reviewing and approving designs and material samples quickly to avoid site delays.

9) Insurance Coverage: Procuring necessary insurance policies, such as contractor’s all risks insurance to
protect against site accidents or natural disasters.

Contractor duties and responsibilities


The contractor is responsible for the physical execution of the project, turning the technical drawings
into a safe physical structure.

1) Execution & Quality: Executing all structural and finishing works strictly according to the approved
architectural drawings, structural designs, and technical specifications.

2) Resource Management: Deploying qualified site engineers, skilled labor, and machinery while
procuring quality building materials that meet the specific criteria according to contract.

3) Site Safety: Implementing strict occupational health and safety measures on-site, including protective
gear (PPE), secure scaffolding, and hazard signs to protect workers and the public.

4) Project Timeline: Maintaining the construction schedule, managing sub-contractors, and reporting
unforeseen site conditions or required changes to the architect immediately.

5) Rectification of defective work: Rectifying any defective or non-compliant work identified during
inspections immediately at their own expense.

6) Financial Management: Making timely payments to all site laborers, sub-contractors, and material
vendors to prevent project stoppages.

1. Liabilities of the Architect (Consultant)


The architect's liability revolves around professional negligence, design errors, and regulatory non-
compliance under the Nepal National Building Code (NBC).
1) Professional Negligence: Liability for structural cracks, failures, or collapses caused by mathematical
errors, poor structural analysis, or faulty design.

2) Regulatory Penalties: Accountability and legal fines if the design violates municipal bylaws, setback
rules, Ground Coverage Ratios (GCR), or height restrictions.

3) Financial Prosecution for Cost Overruns: Legal action or blacklisting under Nepal’s Public Procurement
Act (PPA) if careless estimation or faulty design causes project costs to inflate by more than 15% to 25%
during construction.

4) Copyright Infringement: Legal and financial liability for copying or using another firm’s patented
architectural concepts or drawings without authorization.

2. Liabilities of the Client (Owner / Developer)


1) Breach of Contract: Financial liability to pay interest, penalties, or compensation to the contractor and
architect for delayed milestone payments or unauthorized project suspension.

2) Statutory Penalties for Illegal Construction: Sole legal liability, municipal fines or court-ordered
demolition costs for starting construction without a valid building permit.

3) Compensatory Liability for Idle Resources: Accountability for the financial losses of the contractor
(such as idle labor, rented machinery, and wasted materials) caused by client-side delays or site access
disputes.

4) Shared Liability for Structural Failures: Co-liability for future building defects if the client intentionally
issues written directives to use substandard materials or bypass curing times against professional
advice.

3. Liabilities of the Contractor (Builder)


The contractor’s liability focuses on poor workmanship, execution delays, and safety failures during the
physical construction phase.
1) Defect Liability: Accountability under the Defect Liability Period (DLP)—usually 1 year post-
completion—to repair any structural faults, leakages, or finishes at their own expense.

2) Liquidated Damages: Financial penalties (usually a percentage of the contract value per day of delay)
for failing to complete the project within the agreed timeline due to poor resource management.

3) Legal Liability for Substandard Workmanship: Civil or criminal prosecution if the building suffers
damage due to deviations from approved drawings, unauthorized material substitutions, or bad
concrete mixing.
4) Occupational Safety Liabilities: Legal responsibility, medical expenses, or compensation claims arising
from job-site accidents, injuries or fatalities due to a lack of Personal Protective Equipment (PPE) or
unsafe scaffolding.

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