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**ASSIGNMENT-
- Types of Liabilities: Indemnity Insurance:** The architect is required to indemnify the client against losses and damages incurred by the client through the acts of the Architect and shall take out and maintain a Professional Indemnity Insurance Policy, as may be mutually agreed between the Architect and the Client, with a Nationalised Insurance Company or any other recognized Insurance Company by paying a requisite premium. Maintenance of Record: The architect is required to maintain all records related to the project for a minimum period of 4 years after the issuance of Certificate of Virtual Completion. Duration: The architect’s liability shall be limited to a maximum period of three years after the building is handed over to / occupied by the owner, whichever is earlier.
2.Professional Duties and conduct of Architect: Service: Service, as defined under Section 2 (1) (o) of the Consumer Protection Act, 1986, means service of any description which is made available to potential users and includes the provision of facilities in connection with banking, financing insurance, transport, processing, supply of electrical or other energy, board or lodging or both, housing construction, entertainment, amusement or the purveying of news or other information, but does not include the rendering of any service free of charge or under a contract of personal service. In other words, rendering professional service by an architect for consideration ; falls within the ambit of service. The relationship between the Client and the Architect is that of recipient and provider of service. The professional services rendered by the architect mean the services rendered pursuant to the Conditions of Engagement and Scale of Charges, entered into between the Client and the Architect. Competence: An architect, being a professional, shall possess the required knowledge and skill i.e. proficiency and competence for discharging his professional duties and functions. These are governed under the provisions of the Architects Act, 1972 and the Architects (Professional Conduct) Regulations, 1989, framed thereunder.
(1) 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 :- i. 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. ii. apply his skill to the creative, responsible and economic development of his country. iii. provide professional services of a high standard, to the best of his ability. iv. 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. v. not sub-commission to another Architect or Architects the work for which he has been commissioned without prior agreement of his Client. vi. not give or take discounts, commissions, gifts or other inducements for the introduction of Clients or of work. vii. act with fairness and impartiality when administering a building contract. viii. maintain a high standard of integrity. ix. promote the advancement of Architecture, standards of Architectural education, research, training and practice. x. 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. xi. compete fairly with other Architects.
xii. observe and uphold the Council's conditions of engagement and scale of charges, xiii. not supplant or attempt to supplant another Architect, xiv. 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), xv. 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, xvi. comply with Council's guidelines for Architectural competitions and inform the Council of his appointment as assessor for an Architectural competition , xvii. when working in other countries, observe the requirements of codes of conduct applicable to the place where he is working , xviii. 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 , xix. provide their employees with suitable working environment, compensate them fairly and facilitate their professional development, xx. recognize and respect the professional contribution of his employees,
(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) In a partnership firm of architects, every partner shall ensure that such partnership firm complies with the provisions of the sub-regulation (1). (3) Violation of any of the provisions of sub-regulation (1) shall constitute a professional mis- conduct.
3)Professional Negligence of an Architect: Negligence: Negligence, of an architect means failure to take reasonable degree of care in the course of his engagement for rendering professional services. Deficient Service: Deficiency, as defined under Section 2(1)(g) of the Consumer Protection Act, 1986, means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service. An architect is required to observe and uphold the Council’s Conditions of Engagement and Scale of Charges while rendering architectural services in terms of Regulation 2 (1) (xii) of the Architects (Professional Conduct) Regulations, 1989. Thus, failure to provide any service/services that is/are necessary for discharge of his duties and functions for the project for which he has been engaged, amount to deficient service
4.What is Arbitration? Explain is it necessity and significance of an Arbitrator.
- It is a form of alternative dispute resolution (ADR), is a method or technique for resolving the dispute outside the court.
- Arbitration is a system where by disinterested neutral person or panel of three hears the evidence and arguments of both sides in a dispute and then make a decision.
- Arbitration is private and confidential and arbitral awards are not published.
- It is an old established practice in every civilised society – Village Panchayat System.
- Arbitration is less expensive, quicker and no appeal possible.
- It is private between the parties and relationship between the parties remain cordial.
- Most of the civil cases are resolved through Arbitration Technique. Significance
- The Arbitration and Conciliation Act 1996 is an Act that regulates domestic arbitration in India.
- Arbitration Agreement is a written contract or is an ordinarily a clause in a contract document in which two or more parties agree to settle dispute outside of court.
- The dispute written on the agreement may be about the performance of a specific contract, a claim of unfair or illegal treatment in the workplace, a fault product or other various issues.
- Arbitration takes place of a trail before a jury or arbitrator and if a person signs a contract that has a mandatory binding arbitration agreement, he or she gives up the right to go to court. Arbitrator
- The person who resolves the dispute who are specialised highly technical person are called as arbitrators.
- They are selected by the disputed parties who are neutral person who are not part of the original problem.
- The decision made by the arbitrator in an arbitration proceeding is similar to the judgement in the court of law.
- The fees of the Arbitrator and expenses of the arbitration shall be borne equally by both the parties, unless the sole arbitrator otherwise directs in his award with reason.
- The fees of the arbitrators shall be Rs. 40000/- per case
The arbitration awards Finally, the arbitrator closes the record on the case and issues a decision including an award. Award is of a non -monetary in nature is similar to a judgement in a court of law.
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