{"id":741247,"date":"2024-05-17T08:30:50","date_gmt":"2024-05-17T07:30:50","guid":{"rendered":"https:\/\/www.architectsjournal.co.uk\/?p=741247"},"modified":"2024-05-20T08:42:47","modified_gmt":"2024-05-20T07:42:47","slug":"the-regs-how-to-manage-contracts-to-avoid-fines-and-prosecutions","status":"publish","type":"post","link":"https:\/\/www.architectsjournal.co.uk\/news\/opinion\/the-regs-how-to-manage-contracts-to-avoid-fines-and-prosecutions","title":{"rendered":"The Regs: How to manage contracts to avoid fines and prosecutions"},"content":{"rendered":"

A recent case in which the ARB\u2019s professional conduct committee fined an architect for failing to carry out his duties as contract administrator appropriately highlights some issues that architects may be missing when accepting client appointments. In the ARB case, the architect was criticised for a casual and ill-informed approach to contract matters.<\/span><\/p>\n

I have visited several practices in the past six months to conduct CPD training in the Building Safety Act and was surprised to see the variation in sophistication of office and project management systems and how these fed into contract management. Several practices seemed only to offer a basic package of design to achieve planning permission and an add-on for building control. This could be by a very simple appointment letter in many cases.<\/p>\n

I had long assumed that, following the introduction of CDM legislation, architects were providing detailed information to clients on the role of the architect as principal designer and the responsibility of the client. At the very least I expected this would include the CITB guide to CDM for clients<\/a>. But this does not seem to be the case, as many of the projects might fall outside the remit of the Construction (Design and Management) Regulations (CDM).<\/p>\n

However, the introduction of the Building Safety Act should have changed this, because almost every project is now likely to require a building control principal designer. It is a legal requirement that you must not<\/i> start any design work until you are satisfied the client is aware of their duties under the act. How many of you can honestly answer that you explain this in sufficient detail to ensure that the client is aware before you start work? In my recent experience as a building control approver (BCA) the feedback indicates otherwise.<\/span><\/p>\n

Under the new operating standard rules for BCAs there is a requirement for building inspectors to obtain the client details and ensure they are included in correspondence. We have had several clients contact us to say they were completely unaware of this, as no one had told them they had responsibility and liability for the success of a building project!<\/span><\/p>\n

By way of reminder, the client duties include:<\/span><\/p>\n