ARCHITECT'S IDEAS & ADVICE ON A TO Z OF HOUSE CONSTRUCTION IN INDIA

The practice of the Architectural Profession is regulated by the Architects Act, 1972, and the regulations framed thereunder. The Council of Architecture has prescribed the Conditions of Engagement and Scale of Charges under the Architects (Professional Conduct) Regulations, 1989. The documents stipulate the parameters within which the Architect is required to function. These define the responsibilities, the scope of work and services with a view to making the Client fully aware of the duties and services which he may expect from the Architect. The professional services required by the Client may not be comprehensive in scope in all cases and accordingly a clear understanding between the two must be arrived at.

The Council of Architecture has prescribed the Conditions of Engagement based on general practice of the profession in India. These documents are applicable to all registered architects and such architects who have specialized in areas such as Structural Design, Urban Design, City Planning, Landscape Architecture, Interior Architecture and Architectural Conservation.

WHAT ARE THE SCHEDULE (STAGES) OF SERVICES OF AN ARCHITECT IN INDIA AS PER THE COUNCIL OF ARCHITECTURE?
The Architect, after taking instructions from the Client, renders services under the following Stages:

CLIENTS BRIEF – STAGE 1:
.The Architect ascertains the Client’s requirements of the project.
.He visits the Site and examines site constraints and potential.
.He examines the Codes, Legislation and standards as they affect the project.
.He prepares in agreement with the Client, a programme of requirements.
.He acquaints the Client with the Conditions of Engagement and Scale of Charges.
.The Client engages the Architect and both effectively enter an agreement by signing a standard Letter of Appointment.
.The Architect is paid a Retainer (Advance) of Rs 20,000/- or 5% of the total fees payable, whichever is higher, as a token of Intent.

CONCEPT DESIGN – STAGE 2:
.The Architect prepares a report on site evaluation, state of existing buildings, if any; and analysis and impact of proposed development on the immediate environment.
.He obtains from the Client or gets a detailed topographical survey of the site, prepared at the Clients expense. This survey shall include all the necessary data related to the existing structure, existing public utility lines, trees, pavements, roads, restrictions, easements and boundaries.
.He obtains from the Client or gets soil tests, site borings or such other tests on sub-soil conditions done at the Clients expense.
.He prepares preliminary conceptual designs to explain his understanding of the Client’s requirements.
.He prepares a rough estimate of the cost of the project on the basis of the area. Under no circumstance does the architect guarantee such estimate of cost.
.The fees payable to the Architect at this stage is 10% of the total fees payable.

PRELIMINARY DESIGN AND DRAWING – STAGE 3:
.The Architect modifies the conceptual designs incorporating required changes.
.He prepares the preliminary drawings, sketches, study model etc., for the Client’s approval.
.He prepares a preliminary estimate of cost on the basis of the area.
.The fees payable to the Architect at this stage is 20% of the total fees payable, less the payment made at previous stage 2.

DRAWINGS FOR CLIENTS / STATUTORY APPROVALS – STAGE 4:
.The Architect incorporates the Client’s suggestions prepares drawings necessary for approval from the Client / statutory authorities.
.He ensures compliance with codes, standards and legislation as applicable.
.He assists the Client in obtaining the statutory approval, if required.
.The fees payable to the Architect at this stage is 35% of the total fees payable, less the payment made at previous stages 2 and 3.

WORKING DRAWINGS AND TENDER DOCUMENTS – STAGE 5:
.The Architect provides Consultants with all the necessary information to allow them to perform their specialist work.
.He prepares Working Drawings, Specifications and Schedule of Quantities sufficient to prepare Estimate of Cost, (in consultation with his consultants).
.He advises the Client and gets approval on the form of Contract and method of placing the Contract.
.He prepares a short list of suitable Contractors with appropriate justification.
.He prepares Tender drawings including large scale details and tender documents including mode of measurement, method of payments, quality control procedures and other conditions of contract, to describe the whole project adequately for the purpose of placing the main Contract.
.The fees payable to the Architect at this stage is 45% of the total fees payable, less the payment made at previous stages 2, 3 and 4.

APPOINTMENT OF CONTRACTORS – STAGE 6:
.The Architect invites, receives and analyses Tenders.
.He advises the Client on the appointment of the Contractors.
.The fees payable to the Architect at this stage is 55% of the total fees payable, less the payment made at previous stages 2, 3, 4 and 5.

CONSTRUCTION - STAGE 7:
.The Architect prepares Working Drawings and details for the proper execution of works during construction.
.He issues sufficient copies of working drawings, schedules, specifications, Bill of Quantities and other contract documents to the Contractors for the proper execution of works.
.He approves the Works Progress Schedule, prepared by the Contractors.
.He approves samples of various elements and components.
.He .submitted by the Contractors and Vendors
.He advises the Client to appoint and pay a Construction Manager or Clerk of Works or Site Supervisor, (who shall work under the guidance of the Architect), for the day-to-day supervision at site, in order to ensure that the work at site proceeds in accordance with the contract documents and drawings.
.He attends conferences, meetings to ensure that the project proceeds generally in accordance with the conditions of contract.
.He Visits the site at intervals mutually agreed upon, to inspect and evaluate the construction work and keeps the client informed on the quality and progress of work. Where necessary, he clarifies any decision and offers interpretation of the drawings and specifications at site.
.The Architect shall ensure that the drawings are being correctly interpreted at site, and the finishing is of acceptable quality. In case of adverse certification, the payments of the contractor shall be with held until the defects have been rectified.
.He advises the Client if the Contract time is likely to be varied, or if the total authorized expenditure is likely to be exceeded.
.If required by the Client, the Architect checks the Contractors applications for payment (Bills) with the help of the site engineers, and issues Certificates authorizing payment for an additional fees of 1%.
.He issues Certificate of Virtual Completion of works.
The fees payable to the Architect at this stage is 90% of the total fees payable, less the payment made at previous stages 2, 3, 4, 5 and 6.

COMPLETION – STAGE 8:
.The Architect prepares and submits completion reports and drawings for the project as required.
.He assists the Client in obtaining Completion or Occupation Certificate from the Statutory Authorities wherever required.
.He issues two sets of as-built drawings including services and structures.
.The fees payable to the Architect at this stage is 100% of the total fees payable, less the payment made at previous stages and the retainer.

WHAT ARE THE ARCHITECT’S RESPONSIBILITIES DURING THE BUILDING CONSTRUCTION?
The Architect’s responsibilities and services rendered at every Stage of the Project have been enumerated above. In addition, the Architect has some more responsibilities that should be mentioned:
.The Architect shall keep the Client informed about the progress of work in his Office.
.The Architect shall appoint specialized Consultants, in consultation with the Client, if necessary.
.The Architect shall be responsible for the direction and integration of the Consultants work. However, the Consultants shall be responsible for the calculations, detailed design and periodic inspection of the work entrusted to them.
.The Architect will supply to the Client, free of cost, upto six sets of drawings at different stages.
.The Architect shall not make any deviations, alterations or omissions from the approved drawings, involving financial implications, without the prior consent of the Client.
.Any revision in the drawings, tenders, once approved, required to be made by the Client shall be compensated on mutually agreed terms as additional services rendered.
.No change shall be made at site from the approved drawings and specifications, without the consent of the Architect
.Any professional services to be rendered by the Architect at the instance of the Client, after the completion of the project shall be compensated on mutually agreed terms.

WHAT ARE THE CLIENTS RESPONSIBILITIES DURING THE BUILDING CONSTRUCTION?
The Client shall discharge all his obligations connected with the project and engagement of the Architect as follows:
.The Client shall provide detailed requirements of the project.
.The Client shall provide property ownership documents.
.The Client shall provide a Site Plan showing boundaries, contours, existing features and structures, roads, and existing utility lines. In case this information is not readily available, the Client shall arrange for the survey of the property for getting the necessary information.
.The Client shall furnish or pay for reports on the soil condition and test as required by the Architect.
.The Client shall pay all the fees, levies and expenses in respect of statutory bodies.
.The Client shall honour the Architect’s bills within one month of submission.

WHAT DOES OWNERSHIP OF COPYRIGHT MEAN WITH REGARD TO ARCHITECTURAL DRAWINGS?
Architectural Design is an intellectual property of the Architect. The drawings, specifications, documents and models are the property of the Architect, whether the project for which they are made, is executed or not. The Client can retain copies of the drawings, specifications, models and other documents for his information and use in connection with the project. These can not be used for any other project by the Client or the Architect or any other person except for the repetition.

HOW IS AN AGREEMENT BETWEEN AN ARCHITECT & CLIENT TERMINATED?
The Agreement between the Client and the Architect may be terminated by either one giving the other, a written notice of not less than 30 days, in case one of them fails to substantially perform his responsibilities, (so long as the failure is not caused by the one initiating the termination).In the event the Client has terminated the agreement, he has the right to appoint another Architect to complete the work, after paying the previous architect.

HOW ARE DISPUTES BETWEEN THE CLIENT & THE ARCHITECT RESOLVED?
All disputes which may arise between the Client and the Architect shall be referred to the Council of Architecture for arbitration. The Arbitrator shall be appointed by the President, Council of Architecture and the decision and award of the Arbitrator shall be final and binding on the Architect and Client.

WHAT IS INDEMNIFICATION?
In the event that a claim or suit is brought against the Architect by a third party for damages arising from personal injury or property damage caused wholly by the Client or anyone for whose acts the Client may be responsible, then the Client shall indemnify the Architect and fully reimburse any loss or expenses, including Attorney’s fee which the Architect may incur.