1.

WRITE A SHORT NOTE ON ARCHITECTS ACT ,72

The Council of Architecture (COA) has been

constituted by the Government of India under the provisions of the
Architects Act, 1972, enacted by the Parliament of India, which came
into force on 1st September, 1972. The Act provides for registration of
Architects, standards of education, recognized qualifications and
standards of practice to be complied with by the practicing architects.
The Council of Architecture is charged with the responsibility to regulate
the education and practice of profession throughout India besides
maintaining the register of architects. For this purpose, the Government
of India has framed Rules and Council of Architecture has framed
Regulations as provided for in the Architects Act, with the approval of
Government of India.

Any person desirous of carrying on the

profession of 'Architect' must have registered himself with Council of
Architecture. For the purpose of registration, one must possess the
requisite qualification as appended to the Architects Act, after having
undergone the education in accordance with the Council of Architecture
(Minimum Standards of Architectural Education) Regulations, 1983. The
registration with Council of Architecture entitles a person to practice the
profession of architecture, provided he holds a Certificate of Registration
with up-to-date renewals. The registration also entitles a person to use
the title and style of Architect. The title and style of architect can also be
used by a firm of architects, of which all partners are registered with
COA. Limited Companies, Private/Public Companies, societies and other
juridical persons are not entitled to use the title and style of architect
nor are they entitled to practice the profession of architecture. If any
person falsely claims to be registered or misuses title and style of
architect, such acts tantamount to committing of a criminal offence,
which is punishable under section 36 or 37 (2) of the Architects Act,
1972.
2 . Explain the important clauses in Architects Act 1972 .
Ans.
IMPORTANT CLAUSES IN ARCHITECTS ACT 1972
Important definitions in Architects act 1972 are,
 "Architect" means a person whose name is for the time being entered in the
register. Which means only registered architects can legally use the title
‘architect’.

 "Council" means the Council of Architecture constituted under section 3

 "Indian Institute of Architects" means the Indian Institute of Architects

registered under the Societies Registration Act, 1860.

 "recognized qualification" means any qualification in architecture for the time

being included in the Schedule or notified under section 15

 "register" means the register of architects maintained under section 23

 "regulation" means a regulation made under this Act by the Council

 "rule" means a rule made under this Act by the Central Government

 The Council of Architecture has been constituted by the Government of India

under the provisions of the Architects Act, [Link], which shall be a body
corporate, having perpetual succession and a common seal, with power to
acquire, hold and dispose of property, both movable and immovable, and to
contract, and may by that name sue or be sued.

 The Council of Architecture is charged with the responsibility to regulate

the education and practice of profession throughout India besides
maintaining the register of architects. For this purpose, the Government of
India has framed Rules and Council of Architecture has framed Regulations
as provided for in the Architects Act, with the approval of Government of
India

 The Act provides for registration of Architects, standards of education,

recognized qualifications and standards of practice to be complied with by
the practicing architects.
[Link] and Functions of The Indian Council of Architecture
Maintaining Registrar of Architects – When a person gets the requisite qualification and
undergoes the necessary education under the regulations of COA’s minimum standards, that
person is eligible to get registered. Registration is necessary if the person wishes to practice
and perform all other duties that an architect performs as without registration, all the above
qualifications would be useless, and the person would have no authority to practice. False
registration or misusing the title of an architect is a punishable offence, which equals to the
seriousness of a criminal offence.

• Prescribing Minimum Architectural Education Standards – For institutions and colleges in

India to have the authority to grant qualifications, certain minimum educational standards
have to be upheld, and these standards are prescribed by COA. These standards also specify
and prescribe admission eligibility, duration of the course, staff standards, accommodation,
content of the course and course structure, and examination rules and regulations. All the
colleges and institutions of architecture can be called upon by COA for information about
their courses. COA does this to ensure that the highest standards of education prescribed by
the Act are upheld and many inspections are conducted for the same reason. Recognition of
Colleges and Institutions of Architecture in India – The architectural institutions in India
grant certain architectural qualifications, which need the approval of Central Government in
order to be recognised. The COA appoints a number of inspectors who inspect the
institution for recommendation purposes.

• Withdrawal of Recognition of Colleges and Institutions of Architecture in India – The COA

has it in its power to make a representation in front of the Government when it believes that
the recognition of an educational institution or college should be withdrawn. This can
happen when the inspection (by inspectors appointed by COA) reveals that education
standards set by the act are not being followed by the institution. The investigation would
include examination of course structure, training, staff, equipment and all other facilities
that the institute provides.

• Governing Profession of Architects – There are certain regulations which govern an

architect such as professional conduct, guidelines for architectural competitions,
professional etiquette, professional ethics, and engagement conditions. The Architects
Regulations, 1989 enumerates these points, and every architect has to observe and follow
the guidelines of professional conduct stated by the Act. Disciplinary action could be
instigated against the architect if the guidelines are violated, and their behaviour would also
fall under professional misconduct as per the act.

• Make Regulations – COA has the power to make regulations even if the new regulations
are not consistent with the provisions of the act. It has to obtain approval from Central
Government for the same.

• Appoint Officers and Manage Fund – In order to carry out its functions, COA can appoint
officers and fix their allowance. It also manages the fund through which all its expenses are
incurred. This fund includes money received from the Central Government. Every 6
months,the Council has to meet at least once to transact business.
 [Link] of Architecture (COA)

The Government of India constituted the Council of Architecture (COA) on 1st September, 1972,
under the provisions of Architects Act, 1972. The act also lays down guidelines for standard of
education, recognized qualification, registration of architects, and standard of practice to be
complied by the practicing architects.

The Council of Architecture (COA) is responsible for regulating the education and practice of
profession throughout India besides maintaining the register of Architects. Any person willing to
pursue 'Architecture' as a profession will have to register with the Council of Architecture (COA). And
for this, one must possess e requisite qualification as appended to the Architects Act, after having
undergone the education in accordance with the Council of Architecture (Minimum Standards of
Architectural Education) Regulations, 1983.

The profession of an architect is governed by the Architects (Professional Conduct) Regulations,

1989 (as amended in 2003). The regulation deals with the professional ethics and etiquette,
conditions of engagement and scale of charges, architectural competition guidelines etc. an architect
is expected to follow the rule of conduct in letter and spirit and any deviation from the same can
invite disciplinary action as stipulated under section 30 of the Architects Act, 1972.

The registration with COA entitles an eligible candidate to use the title and style of Architect. The
title and style of architect can also be used by a firm of architects, if the partners of the firm are
registered with COA. Where as the Limited Companies, Private/Public Companies, societies etc are
barred from using the title and style of architect nor are they entitled to practice the profession of
architecture.

If any person falsely claims to be registered or misuses title and style of architect, such acts
tantamount to committing of a criminal offence, which is punishable under section 36 or 37 (2) of
the Architects Act, 1972.

Presently 108 institution are imparting training in architecture across the country. The standard of
education in the institute is monitored by the Council of Architecture (Minimum Standards of
Architectural Education) Regulations, 1983. The body also decides up on, the requirement of
eligibility for admission, course duration, standards of staff & accommodation, course content,
examination etc.
[Link] PROCEDURE OF TAKING MEMBERSHIP WITH COUNCIL OF
ARCHITECTURE

1) REGISTER AS AN APPLICANT: The first step is to sign-up/register yourself as an applicant for

registration. For that, you have to go to the COA site and click on online services. Fill in all the details
required of you, such as email id (which will be your login ID), year of admission, date of birth,
mobile number, enrollment number and OTP which will be sent to your email account. Subsequently
a password will be generated by the system and sent to you by email. This will be your login
password. With the login ID and password, you can login the Council's website anytime.

2) FILL UP THE APPLICATION FORM: Fill-up the application form in proper case and completely
Remember an incomplete application shall not be processed further and no intimation shall be sent
in this regard. Please fill up your name in the form as per the recognised architectural qualification
certificate on the basis of which registration is sought. Also ensure that the spelling of your name is
correctly mentioned on the recognised architectural qualification certificate and marksheets being
submitted by you. In case, your name is mentioned incorrectly, you must get the same corrected
from the competent authority of the University/institution..

3) ENROLLMENT NUMBER: Enrollment number i.e., (COA-Six digit Number) is mandatory / as

applicable (for admissions from the Academic Year 2008-09 onwards). Make sure that the
enrollment number entered is strictly in format as given in the enrollment number list as available
on the website of the Council [Link]/enrollment. Enrollment numbers of the students are
also available with the respective Institutions.

4) TAKE A PRINTOUT OF FILLED FORM: After filling up the application completely, take a printout of
the duly filled form on good quality bond A4 size paper (preferably a coloured one). Paste a photo of
3.5cm x 3.5cm on the form.

5) CORRECTIONS: Correction(s), if any, can be made by the applicant in the hard copy of the
generated/printed application form by countersigning at the place of correction before sending to
the Council. Note that the CoA is strict about completing the application format.

6) SEND THE FILLED FORM TO THE COA OFFICE: The duly filled and signed application form should be
properly stapled with the requisite documents in the same order as provided in the checklist
mentioned below and may be handed personally either by you or by a person authorized by you, at
the office of the "Council of Architecture" (Payment Timings :10.00 am to 01.00 p.m. & 01.30p.m. to
03.30 p.m. on all working days Monday to Friday) or be sent to the Council's office by registered post
addressed to the "Registrar, Council of Architecture, India Habitat Centre, Core 6-AFirst floor, Lodhi
Road, New Delhi - 110 003". Each application shall be accompanied by Registration Fee (Non-
refundable) of Rs.600/- by way of cash at the counter or by demand draft drawn in favor of "Council
of Architecture", payable at New Delhi or alternately the payment can also be made online through
login id details.

7) ONLINE PAYMENT: Alternately the payment can also be made online through login id details. Go
to the Submit your bank account details page in the COA site.

8) SUBMIT TO COA: Do remember to press 'Submit to COA' button after making the payment online.
It ensures that the application form is in order otherwise your application shall not be available for
further processing
[Link] REGULATIONS

Architects regulation (Professional conduct) include 3 points

1. Short Title and Commencement:

1. These regulations may be called with Architects (Professional Conduct) Regulations, 1989.

2. They shall come into force on the date of their publication in the Official Gazette.*

2. Every architect, either in practice or employment, subject to the provisions of the Central Civil
Services (Conduct) Rules, 1964 or any other similar rules applicable to an Architect, he shall :-

 Ensure that his professional activities do not conflict with his general responsibility to
contribute to the quality of the environment and future welfare of society,
 Apply his skill to the creative, responsible and economic development of his country,
 Provide professional services of a high standard, to the best of his ability,
if in private practice, inform his Client of the conditions of engagement and scale of
charges
not agree that these conditions shall be the basis of the appointment,
 Not sub-commission to another Architect or Architects the work for which he has been
commissioned without prior agreement of his Client,
 Not give or take discounts, commissions, gifts or other inducements for the introduction
of Clients or of work,
 Act with fairness and impartiality when administering a building contract,
 maintain a high standard of integrity,
 Promote the advancement of Architecture, standards of Architectural education,
research, training and practice,
 Conduct himself in a manner which is not derogatory to his professional character, nor
likely to lessen the confidence of the public in the profession, nor bring Architects into
disrepute,
compete fairly with other Architects,
 Observe and uphold the Council's conditions of engagement and scale of charges, xiii. not
supplant or attempt to supplant another Architect,
 Not prepare designs in competition with other Architects for a Client without payment or
for a reduced fee (except in a competition conducted in accordance with the
Architectural competition guidelines approved by the Council),
 Not attempt to obtain, offer to undertake or accept a commission for which he knows
another Architect has been selected or employed until he has evidence that the selection,
employment or agreement has been terminated and he has given the previous Architect
written notice that he is so doing : provided that in the preliminary stages of works, the
Client may consult, in order to select the Architect, as many Architects as he wants,
provided he makes payment of charges to each of the Architects so consulted,
 Comply with Council's guidelines for Architectural competitions and inform the Council of
his appointment as assessor for an Architectural competition ,
 When working in other countries, observe the requirements of codes of conduct
applicable to the place where he is working ,
 Not have or take as partner in his firm any person who is disqualified for registration by
reason of the fact that his name has been removed form the Register under Section 29 or
30 of the Architects Act, 1972 ,
 Provide their employees with suitable working environment, compensate them fairly and
facilitate their professional development,
 Recognize and respect the professional contribution of his employees,
 Provide their associates with suitable working environment, compensate them fairly and
facilitate their professional development,
 Recognize and respect the professional contribution of his associates,
 Recognize and respect the professional contribution of the consultants,
 Enter into agreement with them defining their scope of work, responsibilities, functions,
fees and mode of payment ,
 Shall not advertise his professional services nor shall he allow his name to be included in
advertisement or to be used for publicity purposes save the following exceptions :- (a) a
notice of change of address may be published on three occasions and correspondents
may be informed by post, (b) an Architect may exhibit his name outside his office and on
a building, either under construction or completed, for which he is or was an Architect,
provided the lettering does not exceed 10 cm. in height , (c) advertisements including the
name and address of an Architect may be published in connection with calling of tenders,
staff requirements and similar matters, (d) may allow his name to be associated with
illustrations and descriptions of his work in the press or other public media but he shall
not give or accept any consideration for such appearances, (e) may allow his name to
appear in advertisements inserted in the press by suppliers or manufacturers of materials
used in a building he has designed, provided his name is included in an unostentatious
manner and he does not accept any consideration for its use, (f) may allow his name to
appear in brochure prepared by Clients for the purpose of advertising or promoting
projects for which he has been commissioned, (g) may produce or publish brochures,
pamphlets describing his experience and capabilities for distribution to those potential
Clients whom he can identify by name and position , **(h) may allow his name to appear
in the classified columns of the trade / professional directory and/or telephone directory/
website

2. Violation of any of the provisions of sub-regulation (1) shall constitute a professional mis-
conduct.
7 .Explain the Standard terms for comprehensive
architectural services - Architecture
The standard terms for comprehensive architectural services –
Architecture are

1. Taking Client's instructions and preparation of design brief.

First we have to talk to the client and understand the project details and their needs .You can
collect some references and examples also. Then a design brief should be made from this
details. A design brief is a document for a design project developed by a person or team (the
designer or design team) in consultation with the client/customer. They outline the
deliverables and scope of the project including any products or works (function and
aesthetics), timing and budget.

2 Site evaluation, analysis and impact of existing and / or proposed development on

its immediate environs.

The next step is to study the site. This must be a detailed study and is a long process.
Tthere amy be many problems and advantages for the designer to solve in the next step.

3. Design and site development.

This is the main process of the architect. This showcases the real skills of an architect. This
includes planning, drawings, material selection, manipulation of the site etc..

4. Structural design.

This is the process of solving the structural problems of the design. This includes many
construction drawing, study of the land, materials etc.. and solving it.

5. Sanitary, plumbing, drainage, water supply and sewerage design.

All the water servicing includes in this process.

6. Electrical, electronic, communication systems and design.

This process includes designing and solving the electrical, electronic and communication
systems.

7. Heating, ventilation and air conditioning design (HVAC) and other mechanical
systems.

If the architecture needs HVAC systems, then it should be provided.

8. Elevators, escalators, etc.

For big projects including Elevators, escalators, it should be provided.

9. Fire detection, Fire protection and Security systems etc.

Fire detection, Fire protection and Security systems should be provided as necessary.

10. Periodic inspection and evaluation of Construction works.

The construction should be tested and evaluated periodically.

8,Explain the standard terms for comprehensive architectural services
- UD and conservation works.

The practice of the architectural profession is governed by the 1972 Act of

Architects. In order to make the client fully aware of the duties and services he
may expect from the architect, the Council of Architecture (COA) has specified
the scope of work and architectural services to be offered by architects. They
define the criteria under which the architect is expected to work and refer to
all licenced architects and architects who have specialised in fields such as
structural design, urban design, urban planning, landscape architecture,
interior design and conservation of architecture.

THE ARCHITECT IS REQUIRED TO PROVIDE SERVICES IN RESPECT OF THE

FOLLOWING:

Part I - ARCHITECTURE:
1 Taking Client's instructions and preparation of design brief.
2 Site evaluation, analysis and impact of existing and / or proposed
development on its immediate environs.
3 Design and site development.
4 Structural design.
5 Sanitary, plumbing, drainage, water supply and sewerage design.
6 Electrical, electronic, communication systems and design.
7 Heating, ventilation and air conditioning design (HVAC) and other mechanical
systems.
8 Elevators, escalators, etc.
9 Fire detection, Fire protection and Security systems etc.
10 Periodic inspection and evaluation of Construction works.
Part II - ALLIED FIELDS:
11 Landscape Architecture
12 Interior Architecture
13 Architectural Conservation
14 Retrofitting of Buildings
15 Graphic Design and Signage

Scale of charges
URBAN DESIGN
Scope of work
As described for Urban Design/ Urban Renewal in the Conditions of
Engagement.
MINIMUM FEES/REIMBURSABLE EXPENSES
 For all projects except Housing: 1 percent on the cost of works assigned,
to be computed at a rate of Rs 6M per [Link]. of proposed built-up area.
 Housing Projects : 20 percent of the fee payable for housing, as stated in
sub-clause 1.1 above, on the cost of works assigned, to be computed at
a rate of Rs 6M per [Link]. of proposed built-up area.
 In case of Urban Renewal projects fee payable shall be 1.5 times of the
fee stated above based on actual cost of works assigned.
Above fees are subject to a minimum of Rupees 240M.
 Phase Work Product
Analysis of the owner’s program, site and  Program diagrams
budget; preliminary  Function diagrams
1 Schematic Design studies in sketch form and a preliminary  Site plans, floor plans,
estimate of probable sections, elevations,
construction cost perspectives, models, in
sketch form
Further development of the schematic More precise plans, sections,
design; definition of elevations, site plan
2 Design Development basic project systems and materials; decision drawings; more realistic
on project perspectives and study
size, dimensions, architectural character; models
update estimate
Detailed design of the project, including all
engineering
design, selection of materials, establishment
of dimensions,
3 Construction construction assembly details, appropriate  Working drawings
Documents construction  Specifications
notes (required to obtain construction bids  Bidding information
and building
permits)
During or after completion of the
construction documents,
assisting the client in finding, screening,  Contractor’s bids
selecting qualified  Construction contracts
4 Bidding and general contractors from whom bids may be  Modified design
Negotiations obtained or with documents to meet
whom a contract may be negotiated; budget limits
assisting the client in
reviewing bids and awarding contracts

Representing or assisting the client in  Design change

administering the documents
construction contract, including making  Field reports of site
design changes, site visits
Construction visits, reviewing the contractor’s work,  Certification for
5 Administration requests for payment, payment and
selecting colors and previously unspecified completion
items, checking
shop drawings prepared by fabricators,
mediating disputes
between contractor and owner
9 .Important Guidelines For Architectural Competitions
ARTICLE 1 : ELIGIBILITY TO COMPETE:

Participation in any and all competitions shall be open to:

1. Architects i.e those who are registered with the Council of Architecture under the Architects
Act, 1972 on the date of announcement of the competition and thereafter.

2. Firms in which all the partners shall be registered with the Council of Architecture under the
Architects Act, 1972 on the date of announcement of the competition and thereafter.1

3. Students of a Teaching Institution, the qualifying examination of which is recognised by the

Council of Architecture provided that no member of the staff of the said institution is the sole
Assessor or in a jury of three or more Assessors, only one Assessor is from the staff of the said
institution.

4. Neither the Promoter of the competition, Assessor/s engaged for the competition nor any of
their associate, partner or employee shall compete, assist a competitor or act as an architect or
joint architect for the competition project.

Competitor may be requested to submit a proof of qualification, copy of his valid Registration
certificate issued by the Council of Architecture, and in case of a student, a certificate from the head of
his institution which is qualified as per 3 above.

ARTICLE 2 :Competition

1. The word 'Competition' shall apply to any competition described in Schedule 1 and
participation shall be open only to those qualified as per Article 1.

2. The draft competition conditions including time table, registration fees, prize
monies/honoraria, board of assessors, the programme etc. of competitions shall have been
finalised within the framework of the guidelines prescribed by the Council of Architecture
before any announcement is made by the promoter of the competition.

3. The conditions of the competitions shall clearly give:

Conditions based upon guidelines prescribed by the Council of Architecture.
Type of Competition.
Purpose of the competition and intentions of the promoter.
Nature of the problem to be solved.
All practical and mandatory requirements to be met by the competitors.
Number, nature, scale and dimensions of the documents, plan and/or models.
Estimates if required in standard form issued with the conditions.
Nature of prizes.
Names of Assessors.
Necessary information required for conducting the competition.
 4. The competition shall be conducted in English.

5. All competition designs shall be submitted anonymously.

ARTICLE 3 :BOARD OF ASSESSORS:

The Board of Assessors shall at all times include Architects who are registered with the Council of
Architecture and shall be in a majority of atleast one.

ARTICLE 4 : Prizes, Honoraria & Mentions :

No competition shall be conducted without adequate premium/honoraria and the competition

conditions and the media announcements must state the amounts and number of prizes for the open
competition and the amount of premium or honorarium to each competitor in a limited competition
and in the second stage of a two stage competition.

ARTICLE 5 : Copyright & Right of ownership :

 Each competitor shall retain Copyright in his own competition design.

 Each competitor shall retain the right of reproduction of his own competition design.

ARTICLE 6 :
All competition designs including those disqualified by the Board of Assessors shall be exhibited for
atleast one week, together with a copy of the signed report of the Board of Assessors. The exhibition
shall be open to public free of charge.
10 PROFESSIONAL ETHICS OF AN ARCHITECT

1. Ensure that his professional activities do not conflict with his general responsibility to contribute
to the quality of the environment and future welfare of society

2. Apply his skill to the creative, responsible and economic development of his country

3. Provide professional services of a high standard, to the bes of his ability

4. If in private practice, inform his Client of the conditions of engagement and scale of charges and
agree that these conditions shall be the basis of the appointment

5. He will not pass on the work to another architect withoutprior agreement of his client

6. Not give or take discounts, commissions, gifts or otherinducements for the introduction of Clients
or of work

7. Act with fairness and impartiality when administering abuilding contract

8. Maintain a high standard of integrity

9) Promote the advancement of Architecture, standards of Architectural education, research,

training and practice

10) Conduct himself in a manner which is not derogatory to his professional

11) Character, nor likely to lessen the confidence of the publicin the profession, nor bring Architects
into disrepute

12) Compete fairly with other Architects

13) Observe and uphold the Council's conditions of engagement and scale of charges

14) Not supplant or attempt to supplant another Architect

15) Not prepare design free of charge or for a reduced fee however he may take part in competition
approved by the council

16) Must not accept a project which he knows has been given to other architect, before he make
sure that the previous appointment has been properly terminated and his dues has been settled. He
must notify the previous architect before accepting the proposal.

17) Comply with Council's guidelines for Architectural competitions and inform the Council of his
appointment as assessor for an Architectural competition.

18) When working in other countries, observe the requirements of codes of conduct applicable to
the place where he is working

19) Not have or take as partner in his firm any personwho is disqualified for registration by reason of
the fact that his name has been removed form the Register under Section 29 or 30 of the Architects
Act, 1972

20) Provide their employees with suitable working environment, compensate them fairly and
facilitate their professional development

21) Recognize and respect the professional contribution of his employees

22) Provide their associates with suitable working environment, compensate them fairly and
facilitate their professional development

23) Recognize and respect the professior his associates

24) Recognize and respect the professional contribution of the consultants

25) Enter into agreement with them defining their scope of work, responsibilities, functions, fees
and mode of payment

26) Shall not advertise his professional services nor shall he allow his name to be included in
advertisement or to be used for publicity purposes save the following exceptions :

[]A notice of change of address may be published on three occasions and correspondents may be
informed by post

[] Architect may exhibit his name outside his office and on a building, either under construction or
completed, for which he is or was an Architect, provided the lettering does not exceed 10 cm. in
height

[] Advertisements including the name and address of an Architect may be published in connection
with calling of tenders, staff requirements and similar matters

[] May allow his name to be associated with illustrations and descriptions of his work in the press or
other public media but he shall not give or accept any consideration for such appearances

[] may allow his name to appear in advertisements inserted in the press by suppliers or
manufacturers of materials used in a building he has designed, provided his name is included in an
unostentatious manner and he does not accept any consideration for its use,

[] may allow his name to appear in brochure prepared by Clients for the purpose of advertising or
promoting projects for which he has been commissioned

[] may produce or publish brochures, pamphlets describing his experience and capabilities for
distribution to those potential Clients whom he can identify by name and position

[] may allow his name to appear in the classified columns of the trade / professional directory and/or
telephone directory/ website.
 11. WHAT DOES THE ORGANIZATION IIA DO?
The Indian Institute of Architects (IIA) is the national body of architects in the country and
was established in 1917. It has members of all categories like fellows, associates, students,
practicing architects etc. The institution has a great role in promoting and uplifting the
profession of architecture and uniting the architects of India.

 It organizes and unites the architects of the country

 It promotes aesthetic and practical efficiency of profession, in both practice and
education.
 It looks into all the factors affecting the professional practice of architecture
 It encourages the education of science and art of planning and building the
standards of architectural education, training and practice by rewards giving grants
and scholarships to them.
 It holds meetings and conferences for exchange of news or matters related to
architecture, exhibitions related to theory of architecture practice and to award
medals, prizes and other diplomas in relation with it.
 It coordinates the meeting and activities related profession of architecture and
building industry.
 It regulates the practice of architecture and take measures to improve the practice
of architecture.
 It formulates and notifies the law relating to architecture and compile, collects,
revise, print and publish statistics and records related to institution.
 Its issues appeal for funds, accept any gift made to institutions and to borrow
money.
 It ensures the advancement of the living standards of the people by improving the
environment and to make the profession a service to the society.
 [Link] AND POWERS OF IIA

In 1917, a group of people who were past students of architecture of Sir J.J. school of art
decided to form themselves into an association and it was decided to give a name the infant
"the architectural students association“.The activities of the association showed, steady
progress, members began to seriously consider an improvement in status of the [Link]
word "students" seemed inapt for a body that had now practicing architects within [Link] 1922,
it announced the formal inauguration of their christened association The “Bombay architectural
students association” in [Link] affiliation to the Royal Institute of British Architects
in1925and re-considered aims and objectives it was converted to IIA in the year [Link]
Indian Institute of Architects(IIA) is the national body of architects in our country

FUNCTIONS
 It encourages the science and the art of planning and building the standards of
architectural education training and practice, by making grants to Technical
THinstitutions, or providing and giving scholarships, prizes or other rewards to such
students,or by any or all such methods.
 It devises and imposes the means for testing the qualifications of the candidates for
admission to members of the institute ,by examination in theory and in practice,or by
any other tests, or to arrange with any Technical Institutions for the imposition of any
such tests.
 It looks into all factors affecting the practice of architecture and it initiates and
watches over measures affecting, or likely to affect, the practice of Architecture ,and
to procure such changes of and amendments in the law relating to or affecting the
practice of Architecture.
 It holds conference or meetings for the discussion of, and the exchange of news and
matters affecting or relating to architecture.
 It coordinates the activities of the building industry, and of the Profession of
Architecture.
 It purchases, leases, rents ,holds and disposes of any land or property ,and any
buildings or hall and erects any such building or buildings to be used as place of
meetings.
 It acquires by purchasing, donation, request or otherwise a library and collection of
models
 It formulates and notifies the law and practice relating to Architecture to members
and the public.
  It issues appeals for funds in furtherance of the objects of the Institute, to accept any
gift, endowment or bequest mode to the Institute, and to carry any trust attached to
any such gift, endowment or bequest, and to borrow moneys, if required for the
purpose of the institute, provide such gifts, endowments, bequests or loans shall be
accepted if they are not accompanied by conditions inconsistent or in conflict with the
objects for which the institute is established.
 It ensures the advancement of the living standards of our people through their
improved environment and to make the profession of ever increasing service to
society.
 It constitutes various classes of members including Honorary Fellows who are
influential experienced people directly or indirectly from the field.

POWERS

The IIA may impose any one or more of the following sanctioms in proven cases of
misconduct or being not fit and proper.

 Private or public reprimand.

 A fine not exceeding the amount which is the greater of $ 10,000,000 :or three times
the amount of profit gained or loss avoided by the license as a result of his
misconduct, or of other conduct of the license which leads the IIA to form the
opinion that he fit is not fit or proper.
 Prohibition from applying for a license for a specified period.
 Revocation of a license.
13. REGISTRATION FOR MEMBERSHIP IN IIA

• IIA has six classes of membership:-

a) HONORARY FELLOWS - any individual who is not necessarily a qualified architect but has
contributed to the growth of architectural profession

b) ASSOCIATES - any person who has attained the age of 21 and graduated from one of the
institutions registered with council of architecture

c) LICENTIATES - any person who is registered with coa is elegible to apply for licentiate member.

d) STUDENTS - a student enrolled in any one of the architectural institutions – can on application,
become a student member.

e) RETIRED MEMBERS - any fellow, associate or licentiate after attaining the age of 55 and on
completely retiring from service or profession can apply for this post.

f) SUBSCRIBERS - a subscriber shall be either a person who was a member of the Bombay
architectural association at the time of adoption of the original constitution of the institute, now
amended or a person who in the opinion of the council is likely to render assistance in promoting the
objects of the institute.

Any person who at the time of the formation of this Institute is an Associate Members of the
Bombay Architectural Association, and possesses the qualification which entitles him under the
Constitution to become either a Fellow or an Associate of the Indian Institute of Architects shall be
registered as such, on signing the necessary declaration form.

CLASSES OF MEMBERS:

(a) FELLOWS : Every candidate for election as a Fellow of the Institute shall have attained the age of
thirty-six years and shall be elected if:

(i) he is an associate of the Institute and has been engaged as a Principal for at least seven successive
years in the practice of Architecture after qualifying as an Associate.

Or

(ii) he has been a Fellow of an Architectural Institution recognized by the Council from time to time.

Or

(iii) he is an Associate of the Institute who has been engaged in a responsible capacity as the head of
a Department of Architecture for a period of seven years after qualifying as an Associate.

Or
(iv) he has been engaged in a professional activity in a responsible position for a period of at least 14
years, and has, in the opinion of the Council made a significant contribution in some capacity to the
advancement of Architecture.

(b) ASSOCIATES : Every candidate for election as an Associate shall be at least twenty-one years of
age and shall be elected if:

(i) he has been an ordinary member of the Bombay Architectural Association at the time of
formation of the Indian Institute of Architects.

Or

(ii) he has passed the Examination of the Institute at least one year after passing the qualifying
examination if any, recognized by the Institute.

Or

(iii) he has passed the Government of Bombay Advanced Examination in Architecture between the
years of 1909 and 1922.

Or

(iv) he has passed the Examination of the Institute at least one year after qualifying from Institution
recognized by the Institute for exemption from the qualifying examination of the Institute.

(c) LICENTIATES: A Licentiate shall be at least thirty one years of age, and shall have passed an
examination recognized by the Council from time to time, and has been a Principal for at least seven
years in the practice of Architecture, at the time the Architects Registration Act’ 72 was passed by
the Parliament.

(d) HONORARY FELLOWS: The Council may from time to time elect as Honorary Fellow any
distinguished person who has taken a special interest in Architecture, and who by means of either
his position or his experience in matters relating to Architecture appears to the Council to be able to
render assistance in promoting the objects of the Institute. This election is not subject to the
acceptance of the General Body

(e) STUDENTS: Students shall be persons studying architecture with a view to enter the profession of
Architecture, and shall be studying in an architectural Institution approved by the Council.

(f) SUBSCRIBERS: A Subscriber shall be either a person who was a members of the Bombay
Architectural Association at the time of adoption of the original Constitution of the Institute, now
amended or a person who in the opinion of the Council is likely to render assistance in promoting
the objects of the Institute.
14. What are tenders?

 A tender is a request made in response to an invitation to tender by a

prospective supplier. It makes an offer for the provision of goods or
services.
The key tendering process in construction is normally for the selection of
the contractor who will build the works. However, as procurement
routes have become more complex, tenders for a wide variety of
products and services may be obtained and contractors may undertake
additional roles such as design and management.
 An invitation to tender may be given for a variety of contracts, including
the procurement of materials, the main construction contract (perhaps
including the contractor 's design), demolition, work permitting, etc.
[Link] OF TENDER

1. OPEN TENDER – An oral talk or written document between the Architect/Engineer and the
contractor for certain small jobs to be performed.

--Sometimes it is advertised.

--It offers opportunity to any organisation to submit a tender

2. SELECTIVE TNEDERING –Only allows to submit tenders by invitation. A pre-selected list of possible
contractors is prepared that are known by their track record to be suitable for a contract of the size,
nature and complexity required.

-- This type of tendering can give clients greater confidence that their
requirement will be satisfied and should reduce the wasted effort that can be involved in open
tendering.

3. NEGOTIATED TENDERING –Appropriate for highly specialist contracts, they are negotiated with a
single supplier.

–Invitation is given to only one firm to render a service by quoting

their rates

-- It can reduce the cost of tendering and allows early contractor

involvement, but the competitive element is reduced.

4. SERIAL TENDERING –Involves the preparation of tenders based on a typical or notional bill of
quantities or schedule of works.

--The rate submitted can then be used to value works over a series of similar
projects. Serial tendering can reduce tender costs

-- It may encourage suppliers to submit low rates to secure an ongoing

programme of work.
16. What is a tender notice? Give its format
“Tender Notice” is the notice by purchasing entities published in various media
like: News papers, Purchaser’s own website and various other Govt websites.

It contains the brief information about the item to be procured like: Brief
Description, quantity,specifications, EMD, document cost, important dates like
bid submission deadline, document purchase last date, pre-bid meeting date etc

INVITATION FOR TENDERS

TENDER NOTICE

The Public Works Department of Kerala, Perumbavoor division invites

competitive tenders through e-tender system from the eligible bidders for the
construction of new building block for Government Vocational Higher
Secondary School, Odakkali as per the terms and conditions of the e-tender.

Name of the work Estimated cost Bid submission date

Construction of a new 2,50,00,000 14/09/2020 –

building for Government 21/10/2020
V.H.S.S, Odakkali.

Interested bidders may submit tender in accordance with the terms and
conditions in the e-tender website [Link] on or before
21/10/2020 at 10 a.m. For further details visit the website. Digital signature is
mandatory for participating in e-tender.

Date: 14/09/2020. Chief engineer

Perumbavoor. PWD Perumbavoor
17) Process involved in inviting tender

This Tender Process (or "Invitation to Tender" process) will help you to take the steps needed to
appoint preferred suppliers to your organization.
It takes you through the process of releasing a suite of Tender Documents, to find the right
supplier at the right time. By using this Invitation to Tender process, you can quickly find and
contract one or more suppliers efficiently.

Tender process

1. Tender process is determined

The organization requesting the tender will determine the type of tender that will be used ,
as well as what will be involved in the tender process.
2. Request for tender is prepared
The request for tender outlines what is required, the contractual requirements and how
you should respond. Tender requests are invitations to suppliers to provide a competitive
offer to win a contract for the supply of their products or services.
3. Tenders are invited.
The value, complexity and business category determine how tenders are invited. The first
step is to identify organizations and government agencies likely to need your products and
services.
4. Suppliers respond :
You should first obtain all relevant documentation, then:
a) Attend any pre tender briefing sessions being conducted.
b) Clarify any uncertainties
c) Plan your response
d) Prepare your response
e) Submit your response in the right format, on time at the right location
5. Evaluation and selection
Each tender will b checked for compliance , and if compliant, then evaluated against the
criteria specified in the tender documentation. The tender that offers best value for money
will win the business.
6. Notification and debriefing:
When a contract has been awarded, the successful tender will be advised in writing of the
outcome. Unsuccessful tenders are also advised and offered a debriefing interview.
7. Contracts established and managed:
Generally a formal agreement will be require between the successful tenderer and the
relevant agency. Once you have been notified that your tender is successful and have been
awarded the contract, it is important to meet all requirements and manage the contract
effectively.
[Link] is a Work order? Give an example.
A work order is usually a task or a job for a customer, that can be scheduled or assigned to
someone[1]. Such an order may be from a customer request or created internally within the
organization. Work orders may also be created as follow ups to Inspections or Audits. A
work order may be for products or services.

A work order may include one or more of the following:

 Instructions
 Cost estimates
 Forms
 Date and time to execute the work order
 Information about the location and entities to execute the work order and
 The person to whom the work order is assigned
[Link] IS A TENDER DOCUMENT
A tender is a submission made by a prospective supplier in response to an invitation to
tender. It makes an offer for the supply of goods or services. Tender documents are
prepared to seek tenders (offers).

Generally, tendering refers to the suppliers required to complete construction works,

rather than the process of selecting consultancy services which is commonly referred to
as appointment.

Tender documents may be prepared for a range of contracts, such as equipment supply,
the main construction contract (including design by the contractor), demolition, enabling
works, etc.

Ideally, tender documents should be broken down into a series of packages (even if
there will only be one main contract) each with its own design drawings and
specifications suitable to be issued by the main contractor to potential sub-contractors.
This makes the tender easier for the contractor to price and easier for the client to
compare with other tenderers.

It is important, when this is done, to ensure that the interfaces between packages are
properly identified and clearly allocated to one package or another. Having too many
packages increases the number of interfaces and so the potential problems. The cost
plan (pre-tender estimate) should also be re-assembled package by package to allow
easy appraisal of tenders received.
 20 PROFESSIONAL PRACTICE ASSIGNMENT

What all are included in a Tender document.

A tender is a submission made by a contractor in response to an invitation to tender. It makes an offer for the
supply of goods or services. Tender documents are prepared to seek offers.

Ideally, tender documents should be broken down into a series of packages (even if there will only be one main
contract) each with its own design drawings and specifications suitable to be issued by the main contractor to
potential sub-contractors. This makes the tender easier for the contractor to price and easier for the client to
compare with other tenderers.

Tenders documents include

● A letter of invitation to tender.

● The form of tender.
● Preliminaries: including pre-construction information and site waste management plan (if required).
● The form of contract, contract conditions and amendments. This might include a model enabling
amendment for building information modelling (BIM), making a BIM protocol a contractual
document.
● A tender pricing document (or contract sum analysis on design and build projects).
● Employer's information requirements for BIM.
● Design drawings, and perhaps an existing building information model.
● Specifications.
● Tender return slip.

A letter of invitation to tender

An invitation to tender (ITT) is a formal invitation to make an offer for the supply of goods or services. It might
be issued for a range of contracts, including:

● Equipment supply.
● Design by contractors.
● Trade contractors.
● Works contractors.
● Main construction contractors.
● Demolition or enabling works.

The form of tender

The form of tender is prepared by the client or their consultants and completed and signed by the tenderer. It is a
formal acknowledgement that the tenderer understands and accepts the terms of conditions of the tender
documents and any other requirements that are stipulated.

Items that might be appear on a form of tender could include:

 ● Latest return time and date.
● Date, name and address.
● Tender reference number.
● The price for which they are to do the work and any adjustments prices that have been agreed should
the scope of the work or period of time change (or a reference to documents providing this
information).
● The date until which the price remains valid.
● The period of time that is allocated for the works, or an actual completion date if required.
● Acceptance of terms and conditions.
● Confirmation of the country’s law that will govern the contract.
● References to other documents containing information.
● Any qualifications that apply.
● Who will bear the costs of preparing the tender.
● Any alternative proposals (or a reference to documents providing this information).
● Confirmation of the tender being genuine and bona fide.
● Signature and tenderer details.

Preliminaries: including pre-construction information and site waste management plan

Pre-construction information as 'information in the client’s possession or which is reasonably obtainable by or

on behalf of the client, which is relevant to the construction work and is of an appropriate level of detail and
proportionate to the risks involved, including information about:

● The project.
● Planning and management of the project.
● Health and safety hazards, including design and construction hazards and how they will be
addressed.
● Information in any existing health and safety file'.

A tender pricing document (or contract sum analysis on design and build projects)

The tender pricing document sets out the way in which the design team and client wish to review the breakdown
of the overall tender prices provided by tendering contractors. It is effectively an unpriced bill of quantities.

Employer's information requirements for BIM

The employer's information requirements (EIR) define the information that will be required by the employer
from both their own internal team and from suppliers for the development of the project and for the operation of
the completed built asset. Relevant extracts from the employer's information requirements are included in
procurement documents for the appointment of each supplier appointed directly by the employer, which may
include; advisors, consultants, contractors and so on.

Design drawings

Design drawings are used to develop and communicate ideas about a developing design:

In the early stages (during the tender process) they might simply demonstrate to the client the ability of a
particular design team to undertake the design.
Specifications

Specifications describe the products, materials and work required by a construction contract. They do not
include cost, quantity or drawn information, and so need to be read alongside other information such as
quantities, schedules and drawings.

Tender return slip

This is a label that is fixed to the tender for it to be returned to the tenderer. It will usually state that it is not to
be opened before a certain time and date. The return slip can also include the title of the contract, the return
address, a tender checklist and instructions for the tenderer.
21) How is Tender acceptance taken up?

After the closing date for tenders, and if tenders have not been publicly opened,
contractors will be anxious to discover where they stand: either to prepare
themselves for holding discussions over their tender, or to divert their energies
elsewhere if they find themselves unlikely to be offered the contract.
If prices have not been arithmetically checked, it is inadvisable to give
any information lest it turn out misleading. However, when the ranking of tenders has
been checked, it should be possible to inform contractors enquiring if they are
unlikely to succeed. Once a decision has been made by the employer, all tenderers
should be informed by a standard letter, stating the prices received but not
identifying the tenderers who submitted them.

A valid contract must incorporate three basic elements:

• an offer (e.g. the tender) and its acceptance
• consideration (i.e. the contractor undertakes to construct the works and the employer undertakes
to pay him for them)
• an intent that the contract be legally binding (as evidenced in the contract documents).

During any negotiations the original tender may have been amended by interchange of letters. These
letters must make clear what is the final amended tender offered and accepted. If the correspondence
is not complete and some condition or qualification remains unsettled, then a contract should not
be formed. So a check must be applied to ensure that everything has been settled.

Once this has been done and full agreement has been reached, then actual acceptance of a tender
can take [Link] the case where an employer is a person or private company the employer can accept
a tender by writing little more than ‘I accept your offer’.

However, some corporations, and most statutory or other authorities, may be required by their
constitution or standing rules to enter contracts above a certain value only by a deed or formal
agreement which has to be signed by an authorized person acting on behalf of the authority. Some
authorities require the agreement to be under seal, that is, stamped with the corporate seal of
the authority. Under any method, the acceptance must make clear what documents form the basis of
contract.
[Link] tender for demolition work floated?

Tendering process starts with these basic steps:-

1. Publication date of tender
2. You submit the bid (you check all the terms and conditions and submit the documents
accordingly); with all specifications of the demolition work and the site waste
management plan. Also the employee skill requirements are mentioned.
3. Tender opening date
a. Technical bid submission
b. Financial bid submission
4. End date for the engagement of work
23 . What is Earnest Money Deposit
Earnest money is assurance or guarantee in the form of cash on the part of the
contractor to keep open the offer for consideration and to confirm his intentions
to take up the work accepted in his favour for execution as per terms and
conditions in the tender. It helps to ensure the owner that a tenderer/bidder
does not withdraw his tender / offer before its acceptance, or refuse or deny to
execute the work after it has been awarded to the person.

- At time of tender opening, Department collects a small refundable fee from

each bidder, as EMD. EMD is required to be submitted by Demand Draft/
Bankers Cheque by the Tenderer with the tender.
- EMD of the lowest tenderer whose tender is normally accepted is retained by
the department as a part of security deposit for due performance of contract.
- EMD deposited by the unsuccessful tenders will be refunded by way of handing
over the original Demand Draft/ Bankers Cheque duly endorsed by the
Competent Authority of the Centre.
- In case a tender fails to commence the work awarded to him, the earnest
money is forfeited to government. No interest is payable upon the earnest
money to the contractors.
- EMD is generally less than 5% of the Tender Value.
- In case Tender is cancelled, the EMD is returned

When EMD is fortified

The EMD of such tenderer / bidder is forfeited if the tenderer/bidder fails to
fulfil either of these conditions.

- If tender is withdrawn during the validity period of bid or any extension

given thereof duly agreed by the Bidder.
- If tender is varied or modified in a manner not acceptable to owner during
the validity period or extension of validity period duly agreed to by the
bidder.
- If the successful bidder fails to submit Contract Performance
Guarantee/Security Deposit as specified in Bid Document and/or fails to enter
into Contract with owner within stipulated time after the date of issue of
Letter of Acceptance / Letter of Intent or within such extended time as may be
permitted by owner, the EMD amount shall be forfeited.
- In case the contractor fails to commence the work specified in the
tender documents on the mentioned day or such time period as
mentioned in letter of award, after the date on which the owner gives
written orders to commence the work, or from the date of handing over
of the site, whichever is later, the owner shall have liberty to forfeit
whole of the earnest money absolutely without any prejudice

Relation between EMD and Scale of project - For smaller works, if

amount of EMD is low, Bidder’s seriousness will not be there so
objective of EMD will be lost. Hence for smaller works, rate of EMD is
 higher. For large works, amount of earnest money gets blocked for
longer period and the contractor ultimately loads it in the contract in
this case it is not advisable to block the financial resources hence
smaller rate is prescribed in case of larger works

CPWD specifies 2% EMD for the works costing Rs 10 crores – 20

lakhs. 1% of estimated cost for works costing above 10 crores.

Many times, in private works when the owner and the contractor are known to each
other and mutual trust prevails between them, this may not be at all necessary.
However, for any Government or Public institution it is must.
24 What is security deposit?

A security deposit serves as a means to fix or replace something in a rental unit that was damaged,
lost, or stolen by the renter.

Security deposits are typically refunded upon departure if the property was left in ‘reasonably’ good
shape—to the point of normal depreciation)

Security deposits typically must be paid prior to moving in and state laws dictate how security
deposits are applied once needed.

The amount of a security deposit is typically one month’s rent but can be higher.

Security deposits can accrue interest while they are held but the rate of rent increases might exceed
that interest. The renter would then need to add more money to the security deposit that is being
held.

Security deposits are not considered taxable income, and local laws often treat security deposits
as trust funds. Security deposits that are used as final rent payments must be claimed as advance
rent and are taxable when paid.

A landlord's deductions from a tenant's security deposit must be reasonable. The landlord may make
deductions for missing rent payments and for damages beyond ordinary wear and tear etc.

If a landlord wrongfully withholds a tenant's security deposit, the tenant may be entitled to
additional damages beyond the amount of the security deposit.
25-DISCUSS ABOUT RETENTION AMOUNT
Retention money is an amount held back from a payment made under a construction contract.
It is usually a percentage of the amount payable of each instalment. It is generally held to
ensure that a contractor performs all of its obligations under the contract, and is then released
either on practical completion or after the end of a defects notification period. At the moment,
retentions are not required to be held on trust.

Retentions can be held at different levels, as between principal and head contractor, and
between head contractor and subcontractors, for example. Each retention has to be separately
held by the responsible payer at each level, even if they all ultimately relate to one
construction contract.

It is generally held to ensure that a contractor performs all of its obligations under the
contract, and is then released either on practical completion or after the end of a defects
notification period.

Withholding a percentage of the contract price is a mechanism designed to ensure that the
project is completed properly, and to protect a contracting party from the inability or
unwillingness of a party below them on the payment chain to remedy defective work,
discharge liens, or otherwise comply with contractual requirements.

Withholding money past the time the work to be performed is accomplished creates sufficient
urgency created to make sure the work is done correctly and mistakes are fixed.

Just like many other mechanisms related to construction payment, however, the retainage
scheme can be abused. Accordingly, rules, requirements, and practices have been built into
federal law and the laws of many states, with respect to retainage to promote its fair use and
to prevent its abuse. The amount of the contract price that can be withheld and the time for
which the retainage may be withheld vary by state (and federally), and be dependent on
project type.

[Link]
2017#:~:text=Retention%20money%20is%20an%20amount,made%20under%20a%20construction%20contract.&text=It%20is%20generall
y%20held%20to,of%20a%20defects%20notification%20period.
 26. What is a contract?

Building Contract is agreement legal document used to ensure the

requirements, quality of work, materials, duration of work period and cost of
work in a written document between the client and contractor or between the
engineer and the sub-contractor. And the each and every clause in the
agreement is legally valued between the client and contractor and the
contractor is legally enforceable because it meets the requirements and
approval of the law. And one of the important things that the client should be
aware about contractor that means the contractor should be a legally
registered contractor by all means of law and complete registration details
should be mention in a building contract. Different type of contract due to type
and nature of the construction there are different types of contract like unit
price contract, lumpsum contract, labour contract, cost contract, project
management contract etc. The contract is designed with clarity and simplicity,
and is written in ordinary language with relatively short clauses. This may lead
to open discussion if problem arise, thereby reduce the risk of disputes which
lead to project delays and subsequent increases in cost.
27 General principles in the formation of a Contract
1. Intention to create Legal Relations.
2. Offer and Acceptance.
3. Lawful Consideration.
4. Capacity of the involved parties.
5. Free Consent.
6. Object of the contract must be legal.
7. The agreement must also have the elements of certainty and possibility of
performance for it to be enforceable by law and it must not be void.

All the above elements must be present for the contract to be valid and gain
substance. If any of them is not present, an agreement does not become a contract
and therefore, isn’t enforceable by law. This means that every contract is an
agreement but not every agreement can be called a contract. Section 10 defines
that, “All agreements are contracts if they are made by the free consent of parties
competent to contract, for a lawful consideration and with a lawful object, and are
not hereby expressly declared to be void.” This means that all agreements are
contracts if the fundamentals of a contract are met.

A simple contract, that is a contract made not under seal, it requires an offer made
by one party and accepted by other party, the valuable consideration given by either
side, and a common intention that the agreement should be legally binding as well.
An offer is expression or willingness to be bound of a term contract, it can be make
one person (bilateral) or to a group of person or to the whole world at large
(unilateral). A bilateral offer can take a form of a promise to do something in return
for the promise of the offeree to do something. A unilateral offer is a one sided
promise or reward someone for performing and act. It is one sided promise because
it is made without the offeror knowing who the offeree is. Apart from that, an
acceptance of an offer is the final and the unqualified assent to the term of the offer.
An acceptance whether oral or return must be communicated to the offeror before
they can be a contract or can be enforced. One acceptance has been communicated,
it cannot be withdrawal, but an offer can be revoked anytime before it is accepted.
Moreover, consideration is an act of forbearance of one party or the promise
thereof, it is the price for which the promise of the other is bought and the promise
thus given for value is enforceable (usually cash, but also property, and a promise to
do something or not to do something). Furthermore, contractual intention is
normally going to be presume in cases involving commercial agreement, and in cases
are involving social and domestic situation, this is a presumption that the parties do
not intend to have legal relations.
28 TYPE OF CONTRACTS

A construction contract provides a legal binding agreement, for both the owner
and the builder, that the executed job will receive the specific amount of
compensation or how the compensation will be distributed. There are several
types of construction contracts used in the industry, but there are certain types
of construction contracts preferred by construction professionals.

Construction contract types are usually defined by the way, the disbursement
is going to be made and details other specific terms, like duration, quality,
specifications, and several other items. These major contract types can have
many variations and can be customized to meet the specific needs of the
product or the project.

Lump Sum or Fixed Price Contract Type

This type of contract involves a total fixed priced for all construction-related
activities. Lump sum contracts can include incentives or benefits for early
termination, or can also have penalties, called liquidated damages, for a late
termination. Lump Sum contracts are preferred when a clear scope and
a defined schedule has been reviewed and agreed upon.

This contract shall be used when the risk needs to be transferred to the
builder and the owner wants to avoid change orders for unspecified work.
However, a contractor must also include some percentage cost associated
with carrying that risk. These costs will be hidden in the fixed price. On a lump
sum contract, it is harder to get credit back for work not completed, so
consider that when analysing your options.

Cost plus Contracts

This type of contract involves payment of the actual costs, purchases or other
expenses generated directly from the construction activity. Cost Plus contracts
must contain specific information about a certain pre-negotiated amount
(some percentage of the material and labour cost) covering contractor’s
overhead and profit. Costs must be detailed and should be classified as direct
or indirect costs. There are multiple variations of Cost Plus contracts and the
most common are:

 Cost Plus Fixed Percentage

 Cost Plus Fixed Fee
 Cost Plus with Guaranteed Maximum Price Contract
 Cost Plus with Guaranteed Maximum Price and Bonus Contract
Cost plus contracts are used when the scope has not been clearly defined and
it is the owner responsibility to establish some limits on how much the
contractor will be billing. When some of the aforementioned options are used,
those incentives will serve to protect the owner's interest and avoid being
charged for unnecessary changes. Be aware that cost-plus contracts are
difficult or harder to track and more supervision will be needed, normally do
not put a lot of risk in the contractor.

Time and Material Contracts

Time and material contracts are usually preferred if the project scope is not
clear, or has not been defined. The owner and the contractor must establish
an agreed hourly or daily rate, including additional expenses that could arise
in the construction process.

The costs must be classified as direct, indirect, mark-up, and overhead and
should be included in the contract. Sometimes the owner might want to
establish a cap or specific project duration to the contractor that must be met,
in order to have the owner’s risk minimized. These contracts are useful for
small scopes or when you can make a realistic guess on how long it will take
to complete the scope.

Unit Pricing Contracts

Unit pricing contracts is probably another type of contract commonly used by
builders and in federal agencies. Unit prices can also be set during the bidding
process as the owner requests specific quantities and pricing for a pre-
determined amount of unitized items.

By providing unit prices, the owner can easily verify that he's being charged
with un-inflated prices for goods or services being acquired. Unit price can
easily be adjusted up and/or down during scope changes, making it easier for
the owner and the builder to reach into agreements during change orders
 29. What is meant by discharge of contract?
A contract creates certain obligations on one or all parties involved.
The discharge of a contract happens when these obligations come to
an end.

When the parties have Performed their contracts, by carrying out their
promises under the contract there is a complete discharge of the
contract.

If only one of the parties has performed his part under the contract he
alone will be discharged from the contract. The other party is still
bound to the contract until he performs his promise under the said
contract.

There are many ways in which a contract is discharged.

1. Discharge by Performance

When the parties to a contract fulfil the obligations arising under the
contract within the time and manner prescribed, then the contract is
discharged by performance.
2. Discharge by Mutual Agreement
If all parties to a contract mutually agree to replace the contract with
a new one or annul or remit or alter it, then it leads to a discharge of
the original contract due to a mutual agreement.

3. Discharge by the Impossibility of Performance

If it is impossible for any of the parties to the contract to perform

their obligations, then the impossibility of performance leads to a
discharge of the contract.

4. Discharge of a Contract by Lapse of Time

If the promisor fails to perform and the promise fails to take action
within this specified period, then the latter cannot seek remedy
through law. It discharges the contract due to the lapse of time.
5. Discharge of a Contract by Operation of Law
A contract can be discharged by operation of law which includes
insolvency or death of the promisor.

6. Discharge by Breach of Contract

If a party to a contract fails to perform his obligation according to the
time and place specified, then he is said to have committed a breach
of contract.

References:

[Link]
1872-part-ii/discharge-of-a-contract/

[Link]

[Link]
30 What is a contract document?
Contract Document is the written documents that define the basis of the contract including both
parties’ roles, responsibilities, and detailed description of the work or service such as drawings,
specifications, procedures, any other conditions, etc. It should include sufficient information to be
able to complete the work or service.

On a traditionally-procured, fully-designed construction project, the contract document for the main
contractor is likely to include:

 Article of agreement and conditions of contract.

 Working drawings.
 Bills of quantities.
 Specifications.
 Schedules of work.
 An information release schedule by the consultants.
 A schedule of tender adjustments or clarifications negotiated and agreed after the receipt of
tenders and prior to the signing of the contract.
 The requirement for the contractor to provide a performance bond and to obtain collateral
warranties from any sub-contractors or suppliers.

The agreement is the most fundamental document in a construction contract bundle. This is
basically “the contract”, a foundation that the rest of the project details are built upon. Both client
and contractor should engross the contract by witnessed signatures prior to commencement of
work.
31. What all are included as Contract drawing?
Contract drawing means a diagrammatic or pictorial description of the construction to be furnished,
or copies thereof, which is included as a part of the Contract Documents as modified by Addenda
and Change Orders to the Contract.

Contract Drawings shall include:

 Proposal Drawings issued to Bidders to delineate the scope of the construction

 Construction Drawings issued to the Contractor during construction to further describe the details
of the Project design. Contract drawings requirements: 1- Drawings should indicate the relationship
between elements of the facility and may designate the following for each material, assembly,
component, and accessory:

 Location of each material, assembly, component, and accessory.

 Identification of components and pieces of equipment.

 Give dimensions of components and sizes of field assembly components.

 Indicate interfaces and connections between materials, detail assemblies and diagram systems.

 Show forms and relationship of building elements.

 Indicate limits of work and as applicable indicate areas of construction phases

 Indicate extent of alternates and indicate “base bid” and “alternate bid” construction so that the
scope of each condition is clear.

 Indicate work to be performed by or for the owner under separate contracts.

 Identify applicable drawing symbols in schedule of symbols.

 Indicate the graphic scale of drawings.

2- Contract (construction) drawings should embody the same requirements as for specifications;
should be fair, realistic, current, consistent, concise, clear, and, precise.

3- They must be sufficiently detailed to show the location and extent of the work; those from which
the contractor obtained information to submit the tender, and related to the other contract
documents

4- Ideally, the contract drawings should include every drawing prepared for the work. In practice,
this is not always possible, but if drawings and specifications are being used to obtain tenders, the
drawings must be detailed enough to allow the contractor to carry out its own taking off. If bills of
quantities are provided, small details may be omitted from the drawings provided they are included
in the bills of quantities.

Contract drawings arrangement:

The usual way of arranging the different types of Contract (construction) drawings in building
construction is in the following order:
 Titles, legends.

 Demolition drawings.

 Site drawings.

 Topographic survey.

 Soil boring data.

 Site demolition.

 Civil.  Landscape.

 Architectural drawings..

 Structural drawings.

 Plumbing.

 Fire protection.

 HVAC.

 Electrical.

 Standard details.

REFERENCE LINK: [Link]

[Link]
32 DEFINE CONTRACT SUM

Contract sum is the total price to be paid to the contractor by the owner after agreeing and

entering into the contract. The sum should be checked by both the contractor and the owner.

Contract sum is not a fixed price as the works differ in each project. However, contractors

agree to do certain adjustments like, variations, fluctuations, prime cost sums, provisional

sums, payment to subcontractors or suppliers, statutory fees, payments for inspection and

testing, loss and expense of the project. These adjustments should be noted in the valuation

of subsequent interim certificates. The final payment is set out in the final statement.
33. DUTIES AND LIABILITIES OF CONTRACTOR :

A contractor is a person or an organization hired by the client to complete the project who
are responsible for the supervision of all the work in a project site. The contractor should
plan ahead on all the project development and implementation details to successfully
manage all the elements that makes the project ecosystem. The roles and responsibilities
of contractors manifest themselves in various aspects of the project for instance project
planning, management, monitoring, construction site safety, and legal [Link] is, the
roles and responsibilities of contractors have many different levels since they carry wide
range of tasks and manage numerous individuals.

General roles and responsibilities of contractors are :

1. Project Planning Responsibilities :

 Plan important project development and implementation in advance.

 Estimation and determination of materials and equipments to be used.
 Ensuring communication between all parties involved in the construction such as client
and subcontractors.
 Determine legal and regulatory requirements. Making sure that health and safety
specifications are followed.

2. Project Management :

 Budget management for completion of consturction.

 Main contractor would hire subcontractor and other individuals for the completion of
project. With cooperation of subcontractors they need to manage materials, equipment
and other services required for smooth flow of the project.
 Manage the waste generated.
 Submit bills based on terms of contract documents.

3. Project Monitoring :

 Monitor project as specified in the project contract. Such as the time schedule, safety, work
quality, and other project-related details.
 Update and modify the project programme based on latest changes and feedback.
 Monitoring safety related issues and practice economic construction techniques.

4. Legal and Regulatory Responsibilities :

 Contractor is responsible for building permits application.

 Ensuring the project satisfy required legal and regulatory issues.
 5. Health and Safety Responsibilities :

 Guarantee viable safety policy to ensure health and safety in the workplace. This may
involve risk management strategies, emergency response system, and other preventive
means for construction site safety.
 Provide safety awareness to workers.
 Make sure that all individual at construction site utilize safety equipment.

In short a contractor have responsibility to :

 Inquire.
 Give reasonable Review.
 Plan and Schedule the Work.
 Lay Out the Work.
 Supervise, Direct, and Install the Work.
 Promise adequate Workmanship.
 Correction of Patent Errors.
 Coordination of All Parts of the Work.
 Review, Submit, and Coordinate Drawings.
 Properly Process All Contract Payments.
 Provide Adequate Insurance.
 Adherence to Safety Standards.
 Warranty of Clear Title.
34. RESPONSIBILITY OF ARCHITECT AND EMPLOYER UNDER THE CONTRACT
If the whole size of the project is unknown ,it is able to understand the different sectors of the
project that can be divided and provided to the contractors.

Contractors can take over the project and implement it with their labours as instructed by the
architects or [Link] bidding of the tender and allowing the building contract can be carried
out with the architect’s assistance .This helps the client to choose the correct procurement form.
This way the whole contract procedure is well coordinated .The activity of contract agreement must
be transparent and fair .The architects have role in suggesting and choosing the contractors .After
receiving the tender ,the architect carrries out a tender analysis report. These results are compared
with the client’s expectation and budget. What type of work the architect is engaged is based on
contract agreement. The contract with the architect by the client will decide what trade the architect
must focus on. Based on the demand the architect will coordinate the construction activity.

The architect has role of checking the invoices at the month end to check the payment requested ifs
corresponding to the completed works at site.
 35 ADMINISTRATION OF CONTRACTS

Contract administration, is, the management of the contract between the employer, or client, and
the building contractor. A contract administrator or employer’s agent is required to manage,
negotiate, support and execute the contract process.

Contract administration formally starts when the building contractor is hired to deliver the building
project and associated works. The contract administration phase is all-inclusive and covers
everything from:

 Construction
 Procurement
 Subcontracting
 Installation
 Engineering
 Commissioning
 Handovers
 Rectification
 Final financial close of the project
The contract administration role is undertaken during the construction and delivery phase of a
construction or building project.

The role of a contract administrator (CA) is broad, but the most basic definition is managing the
contract between the employer and the building contractor. Contract administration is required
whenever contracts are involved and traditionally starts from the contract award stage and
continues throughout until contract closeout or termination.

When the contract is a ‘design and build’ type, the role is referred to as an ‘employer’s agent’ and
varies slightly in how it is carried out.

The role of a CA was originally usually carried out by the architect, however projects team roles
have widened to include that of a project manager who often carries out the role, or it may be a
role in its own right, depending on the size and complexity of the project. The contract
administrator may be from a number of professions, including project managers, engineers,
architects, building surveyors and quantity surveyors.
36 What is meant by determination of contract?
The term ‘determination in relation to construction contracts typically relates ending the
contracts employment under the contract. contract may provide for determination of the contractor’s
obligations under the contract by the employer or contract if there is a breach of contract by the
other party. This may happen if one of the parties has ceased to perform their obligations under the
contract.

Contract can be determined before elapse of contract period.

A notice has to be given to the contractor by the employer in writing for determination of contract.

Reply of the contractor to be considered and action taken

37. TERMINATION OF CONTRACT

 Agreement between the architect and the client may be terminated by either one giving the
other a written notice of not less than 30 days , should either fail substantially to perform his
part of responsibilities/duties , so long as the failure is not caused by the one initiating the
termination.
 When termination of this agreement is not related or attributable, directly or indirectly to
any act omission, neglect or default on the part of the architect, the architect shall be
entitled to professional fees as stipulated under clause 4 and sub clauses 9.09 and 9.11 of
clause 9.
 In the event of architect’s firm closing its business or the client having terminated the
agreement, the client shall have the right to employ another architect to complete the work,
after making payment to the previous architect’s firm.
38 Certificate of payment

 Certificate of payment means a certificate executed by a representative of the

developer and approved by the Town Representative, delivered to the town
representative, specifying the work performed and the amount charged for project
costs.
 Certificate of payment means the amount approved for payment by the project
manager.
 Payment certificates are mainly used in the construction projects.
 Usually the architects are certifying the payments.
 If the architect is unable to certify payment in the amount of the application, the
Architect will notify contractor and owner.
 Examples of some of the certificates used under the construction contract.
Interim certificate, practical completion certificate, certificate of non completion,
final certificate.

Bibliography [Link]
39. QUE: Enumerate the Constitution of council of
architecture
(1) The Central Government shall, by notification in the Official Gazette, constitute, with
effect from such date as may be specified in the notification, a Council to be known as the
Council of Architecture, which shall be a body corporate, having perpetual succession and a
common seal, with power to acquire, hold and dispose of property, both movable and
immovable, and to contract, and may by that name sue or be sued.

(2) The Head Officer of the Council shall be at Delhi or at such other place as the
Central Government may, by notification in the Official Gazette, specify.

(3) The Council shall consist of the following members, namely :-

(a) five architects possessing recognized qualifications elected by the Indian Institute
of Architects from among its members :

(b) two persons nominated by the All India Council for Technical Education established
by the Resolution of the Government of India in the late Ministry of Education No.F.16-
10/[Link], dated the 30th November, 1945;

(c) five person selected from among themselves by heads of architectural institutions in India
imparting full-time instruction for recognized qualifications;

(d) the Chief Architects in the Ministries of the Central Government to which the Government
business relating to defense and railways has been allotted and the head of the Architectural
Organization in the Central Public Works Department, ex officio;

(e) one person nominated by the Central Government;

(f) an architect from each State nominated by the Government of that State(g) two person
nominated by the Institution of Engineers (India) from among its members; and

(h) one person nominated by the Institution of Surveyors of India from among its

members. For the purposes of this sub-section,-

(a) " Institution of Engineers (India)" means the Institution of Engineers (India first registered
in 1920 under the India Companies Act, 1913 (7 of 1913) and subsequently incorporated by
a Royal Charter in 1935.

(b) "Institution of Surveyors of India" means the Institution of Surveyors registered under
the Societies Registration Act, 1860 (21 of 1860).

(4) Notwithstanding anything contained in clause (a) of sub-section (3), the Central
Government may, pending the preparation of the register, nominate to the first Council, in
consultation with the Indian Institution of Architects, persons referred to in the said clause
(a) who are qualified for registration under section 25, and the persons so nominated shall
hold
officer for such period as the Central Government may, by notification in the Official
Gazette, specify.
(5) Notwithstanding anything contained in clause (f) of sub-section (3), the Central
Government may, pending the preparation of the register, nominate to the first Council, in
consultation with the State Governments concerned, persons referred to in the said clause
(f), who are qualified for registration under section 25, and the person so nominated shall
hold officer for such period as the Central Government may, by notification in the Official
Gazette, specify.