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PROFESSIONAL PRACTICE

[by alver_remolar]

PD 223
THE PROFESSIONAL REGULATION COMMISSION

June 22, 1973

Composition Complaint Against Professional /


 1 Commissioner Examinee
(full-time, 9 years)  Immoral
 Insanity
 1 Associate Commissioner  Conviction
(full-time, 6 years)  Unethical
 Negligence / incompetence
 1 Associate Commissioner  Fraud
(full-time, 3 years)
Visitorial Powers
Basic Requirements  Nature of employment
 40 years old min  Equipment, machinery, operating
 5 years managerial exp procedures

PRC Powers Qualifications


 Enforce policies  Good faith
 Execute rules  Professional
 Oversee activities  Number of members
 Licensure exams  Homogenous
 Records of professionals  National
 Issue CoR / licenses
 Records of boards
 Collect fees
 Appoint officials
 Recommend members of boards
 Evaluate foreign CoR
 Supervise practicing foreigners
 Prescribe academic
 Look into prof prac
 Act on violations
 Evaluate application without exam

LETTER OF INSTRUCTION No.1000


March 20, 1980

PRC Circular 85-15 / BOA No. 10

June 5, 1985

 Architect-in-Charge
 Signing & Sealing of Plans
 Engineers & other Design Professionals
 Title Blocks
o Standard Form – Type C
o Standard Form Type B
RA 9266
THE ARCHITECTURE ACT OF 2004

RULE I TITLE, POLICY STATEMENT, DEFINITION OF TERMS, & SCOPE OF PRACTICE


Sec 1 Title
Sec 2 Statement of Policy
Sec 3 Definition of Terms
RULE II PROFESSIONAL REGULATORY BOARD OF ARCHITECTURE:
ORGANIZATION, POWERS, & FUNCTIONS
Sec 4 Creation and Composition of the Professional Regulatory Board
Sec 5 Qualifications of the Members of the Professional Regulatory Board
Sec 6 Term of Office
Sec 7 Powers and Functions of the Board
Sec 8 Administrative Supervision of the Board, Custodian of its Records, Secretariat and Support Services
Sec 9 Grounds for Suspension or Removal of Members of the Board
Sec 10 Compensation and Allowances of the Board
Sec 11 Annual Report
RULE III EXAMINATION, REGISTRATION, & LICENSURE
Sec 12 Examination Required
Sec 13 Qualifications of Applicant for Examination
Sec 14 Subjects for Examination
Sec 15 Rating in the Licensure Examination
Sec 16 Report of Ratings
Sec 17 Oath
Sec 18 Issuance of Certificates of Registration and Professional Identification Card
Sec 19 Roster of Architects
Sec 20 Seal, Issuance, and Use of Seal
Sec 21 Indication of Certificate of Registration/ Professional Identification Card & Professional Tax Receipt
Sec 22 Refusal to Issue Certificate of Registration and Professional Identification Card
Sec 23 Suspension and Revocation of Certificates of Registration, Professional Identification Card, or
Special/Temporary Permit
Sec 24 Re-issuance or Replacement of Revoked or Lost Certificates of Registration, Professional Identification Card or
Special/Temporary Permit
RULE IV PRACTICE OF ARCHITECTURE (SUNDRY PROVISIONS)
Sec 25 Registration of Architects Required
Sec 26 Vested Rights. Architects Registered When This Law is Passed
Sec 27 Reciprocity Requirements
Sec 28 Continuing Professional Development (CPD)
Sec 29 Prohibition in the Practice of Architecture and Penal Clause
Sec 30 Prohibition in the Practice of Architecture
Sec 31 Liability of Representatives of Non-Registered Persons
Sec 32 Signing & Sealing of Architectural Plans, Specifications, Architectural Permit and Other Contract Documents
Sec 33 Ownership of Plans, Specifications, and Other Contract Documents
Sec 34 Non-Registered Person shall not Claim Equivalent Service
Sec 35 Positions in Government Requiring the Services of Registered and Licensed Architects
Sec 36 Collection of Professional Fees
Sec 37 Limitation to the Registration of a Firm, Company, Partnership, Corporation, or Association
Sec 38 Coverage of Temporary/ Special Permits
Sec 39 Liability Insurance of a Person or Entity Allowed to Practice under a Temporary/Special Permit
RULE V FINAL PROVISIONS
Sec 40 Integration of the Architecture Profession
Sec 41 Implementing Rules and Regulations
Sec 42 Appropriations
Sec 43 Act Not Affecting Other Professionals
Sec 44 Enforcement of the Act
Sec 45 Separability Clause
Sec 46 Repealing Clause
Sec 47 Effectivity
UAP DOCS
201 Pre- design Services
202 Design services
203 Specialized Allied Services
204 Construction Services
205 Post- Construction Services
206 Comprehensive Architectural Services
207 Design- Build Services
208 Selection of Architects & Methods of Compensation
209 Competition Code
March 17, 2004

“Act of providing for a more responsive & comprehensive regulation for the registration, licensing, and practice of
Architecture”

Published IRR – March 15, 2004


Took Effect – December 01, 2004

ARTICLE I. General Provisions


DEFINITION OF TERMS
TERM DEFINITION
ARCHITECTURE Art, science, or profession of planning, designing and constructing buildings in
their totality taking into account their environment, in accordance with the
principles of utility, strength, and beauty

ARCHITECT Registered and Licensed; advocates fair and sustainable development, cultural
expression

ARCHITECT-OF- Total design


RECORD Civil liability for plans
Sign and seal

ARCHITECT-IN- Construction supervision


CHARGE-OF-
CONSTRUCTION

CONSULTING Exceptional expertise / specialization


ARCHITECT

GENERAL PRACTICE OF Planning, designing, structural conceptualization, specifying, supervising,


ARCHITECTURE administration in erection of buildings

Scientific, aesthetic, and orderly coordination of all processes into the production
of a complete building

SCOPE OF THE Professional services including


PRACTICE OF
ARCHITECTURE Planning
Consultation
Design
Feasibility studies
Promotional
Plans & specs
Construction & Project Management
Architectural Interiors & Space Planning
Programming
Conservation
Teaching & CAD

STRUCTURAL Developing type, disposition, arrangement, & proportioning of structural elements


CONCEPTUALIZATION
AUTHORSHIP In-charge of preparation whether personal or under supervision

SERVICE AGREEMENT Duly notarized written contract stipulating the scope of services & guaranteeing
compensation

Violation is a civil liability

ARCHITECTURAL Only an Architect can sign & seal


DOCUMENTS

ARCHITECTURAL Enclosed areas; retrofit/renovation, lay-outing of engineering systems


INTERIORS
ARCHITECTURAL 2D representations; lateral section 1.0-1.5 m above finished floor
PLANS

CERTIFICATE OF Reg number issued to Licensure Exam passer & registered to practice
REGISTRATION

CODE OF ETHICAL Architect’s National Code


CONDUCT

CONSULTING Civil liability only with Client


ARCHITECT
Unless interfere with the legal & professional functions of AoR

CONTRACT Special Provisions


DOCUMENTS General Conditions
Drawings
Specs
Bid Documents

COPYRIGHT Intellectual Property Rights, unless there is a stipulation to the contrary

Right to erection of building which reproduces whole or substantial part of work


either in its original form or any form recognizably derived from the original

Not include ‘same style’

DIVERSIFIED Post-baccalaureate, pre-licensure 2 year exp


ARCHITECTURAL
EXPERIENCE

OWNERSHIP Proprietary rights confined to use & implementation of architectural documents


owned by a person

Not apply to use of parts or repetitions to subsequent projects

PROFESSIONAL Reg Number


IDENTIFICATION CARD Date of Issuance
Expiry Date (due for periodic renewal)
Signed by PRC Chair upon payment of annual reg fees for 3 years

STANDARDS OF Document embodied in the ANC defining all aspects of professional service &
PROFESSIONAL minimum basic fees
PRACTICE

SPECIALIZATION Special knowledge through CPD

ARTICLE II. Professional Regulatory Board of Architecture

Board of Examiners
 Chairman
 2 members
o Appointed by President
o From list of 3 recommendees
o From list of 5 nominees

Qualifications
 Filipino
 10 years in active practice
 Not a faculty member within 5 years from nomination
 Not IAPOA officer
 Not convicted

Term of Office
 3, 2, 1 year first appointees
 Maybe reappointed for 1 full term of 3 years
Powers & Functions
 Adopt IRR
 Supervise reg, licensure, & practice
 Administer oaths
 Issue, suspend, revoke CoR/PIC
 Official seal
 Maintenance of professional, ethical, & technical standards
 Code of Ethical Conduct & SPP
 Hear cases, issue subpoena
Decision of Board final & executory after 15 days from notice of judgment unless appealed to
Commission or Court of Appeals
 CPD (not mandatory for renewal)
 Syllabi of subjects for exam
 Approve, issue, limit, cancel TSP
 Curriculum in coordination with CHED
 Full computerization
 Discharge other duties necessary for enhancement of profession

ARTICLE III. Examination, Registration, and Licensure

Qualifications
 Filipino / qualified foreigner
 No conviction
 BS Arch
 2 years DAE
o 1 year for MS
Subjects
 HOA / TOA, Planning, PP
 Structural, BT, MEPS
 Urban, AI
 Design

TERM DEFINITION
URBAN DESIGN Community, urban plane; spaces between buildings

SITE PLANNING Within property limits of land

PLANNING Physical planning

PHYSICAL PLANNER Architect specializing in detailed physical planning including ROW, open spaces,
etc

PHYSICAL PLANNING Vertical & horizontal

Rating Seal, Issuance & Use


 GWA 70%, no grade lower than 50%  Unlawful to seal if after expiry or revoked
 No limit for re-exam  Not accept any plans not submitted in full
accord with 9266
Report  Unlawful to sign/seal made under another
 Results within 30 days architect’s supervision
 Intellectual property whether executed or
not; unlawful without consent, to duplicate
Oaths for repetition whether partly or in whole
 Oath taking required,  Docs signed/sealed only by RLA

Suspension or Revocation of CoR


 Signed & sealed not prepared or supervised by him/her
 Paid extra money
 Falsely impersonated
 Aided in practice of unauthorized
 Rendering service without agreements
ARTICLE IV. Practice of Architecture (Sundry Provisions)
No person shall practice or use title ‘Architect’, or display sign/card/ad, unless an RLA

Reciprocity
 Foreigner exams; from country with reciprocity
CPD
 Increase knowledge & continuing ability
CPD Provider
 Accredited with BoA to deliver seminars, lectures

Prohibited Practice
 Without being RLA or TSP holder
 Attempt/use other R/L/seal
 Forged evidence to obtain R/L/TSP
 Impersonate
 Use revoked/suspended CoR/PIC/TSP
 Convey impression of being an architect when not
 Use of plans/specs made without license
 Misdemeanor = P100,000 - P5,000,000 or 6 months – 6 years, or both

 Perform service without first executing written contract/service agreement


 Misdemeanor = P200,000 min or 6 years max, or both

Government Positions
 Positions requiring services of architect filled only by RLAs within 3 years from 9266 effectivity

Registration of Firm, Company, Partnership, Corporation, or Association


 Filipino RLAs or with allied technical professionals
 75% of owners, stakeholders, members, officers = RLAs
 Responsible for individual & collective acts as an entity
 Registered with DTI/SEC & BOA/PRC
TERM DEFINITION
ARCHITECTURAL FIRM Sole, partnership, corp reg with DTI, SEC, BoA, PRC

SOLE PROPRIETORSHIP Individual


“assets can be taken”*

ASSOCIATION Two or more; joint venture

ARCHITECTURAL Two or more


PARTNERSHIP “assets can be taken”*

BOARD OF
ARCHITECTURE
ARCHITECTURAL Synonymous with Partnership
COMPANY

ARCHITECTURE Group; 75% composition req, shall reg again with SEC
CORPORATION “protected assets”

TEMPORARY SPECIAL Reciprocity


PERMITS Expertise necessary & advantageous (technology transfer)
Filipino counterpart
Special permit from PRC & DOLE secured by agency
Professional Liability Insurance/ Malpractice Insurance (bond form)

TECHNOLOGY Knowledge for manufacture of product, application of process, rendering of


TRANSFER service, licensing of intellectual property rights

FILIPINO Phil architect


COUNTERPART
ARTICLE V. Final Provisions
Board Resolution No. 3, Series of 2004: UAP = IAPOA

Architect duly registered with PRC = UAP member

Functions
 Nominations
 CPD
 Endorsement of foreign practice
 Compliance liability insurance under TSP
 Monitoring compliance to filing complaint for violations

Board Resolutions
Board Res No.3, Series of 1983: Ethical Conduct
Board Res No.3, Series of 2004: UAP as IAPOA
Board Res No.5, Series of 2005: Dry-seal
Board Res No.3, Series of 2007: 3 subjects into 1 subject under day 2
Board Res No.4, Series of 2007: Arch Titles, CoR, PIC
Board Res No.5, Series of 2007: Reg of Firms
Board Res No.6, Series of 2007: Logbook
Board Res No.1, Series of 2008: Restricting the Practice
Board Res No.3, Series of 2008: TSP

CIVIL CODE OF THE PHILIPPINES


ARTICLE 1723
June 18, 1949

Liability
 Engineer / Architect
 15 years from completion
 Collapse due to defect on plans & specs

 Contractor
 15 years
 Edifice falls due defects in construction or use of inferior quality materials

 Action must be brought within 10 years following collapse

PROFESSIONAL REGULATORY LAWS


UAP DOC 211
Board Res No. 9: Scope of Arch
Board Res No. 10: Arch & CE
Board Res No. 21: Arch & ID
Board Res No. 22: Arch & LA
Board Res No. 27: ID by Non-Arch
Board Res No. 3: LA by Non-Arch

Scope of CE
 Public works: land survey, highways, bridges, waterways, harbors, water supply, sewage, irrigation
 Streets, railroads, hangars, port-works, canals, river improvements, lightouses, flood protection,
drainage, tunnels
 Demolition

Environmental Planning
 Development of community, town, city, region
 Development of site
 Land use & zoning
 Pre-investment feasib

Qualifications
 Related field
 2-4 years exp in planning
ARCHITECT'S NATIONAL CODE
SPP DOCS

DOC TITLE
200 Code of Ethical Conduct

STANDARDS OF PROFESSIONAL PRACTICE

201 Pre-Design

202 Design

203 Specialized & Allied

204A Full-time Construction

204B Construction Management

205 Post-Construction

206 Comprehensive Architectural

207 Design-Build

208 Consulting

209 Design Competition

The Virtues of an Architect


"May the Architect be high-minded;
not arrogant, but faithful;
Just & easy to deal with,
without avarice;
Not let his mind be occupied in receiving gifts,
But let him preserve his good name
with dignity..."

Marcus Vitruvius Polio

The Value of an Architect


...sensitive handling of spaces that fit the scale of human experience
...appreciation of beauty & order

...determine how people will be placed in relationship to one another

...bring order to man's environment & cause it to function properly


...within a structure that is safe & healthful
CODE OF ETHICAL CONDUCT
UAP DOC 200

People Manufacturers, Dealers, Agents


 Cultural heritage  Not seek discounts, gifts
 Sustainable environment  Not solicit free professional technical
 Promote professional org services
 Share technical info
 Comply with ethical Practice
 Observe laws
 Not detrimental to best interest of Colleagues & Subordinates
profession  Not render services without service
 Not use paid publicity agreement
 Not solicit  Abide by Basic Minimum Fee
 Not endorse any materials  Not use donation to gain competitive
 Not deceive public about competence advantage
 Display billboard with relevant info & in  Not submit drawings in competition with
modest manner others
 Not enter ADC when directly involved
Client  Not solicit project already committed to
 Protect but never at expense of higher another
public welfare  Not undertake commission another arch
 Introduce thru presentation of professional has been employed
exp  Not undertake rehabilitation of building
 No free preliminary sketches without undertaken previously by another without
agreement duly notifying
 Ascertain nature & scope & properly inform  Limit advertisement
PF  Consider all possibilities of restoration
 Advise against proceeding with project  Not unfairly criticize or discredit
with questionable practicability  Provide employees with suitable work
 Not guarantee estimates in order to secure environment
commission  Mentor young aspirants
 Meet aesthetic & functional reqs  Share transfer of technical knowledge
 Bill for services rendered commensurate  Effort to advancement of profession
with work  Not take advantage of ideas of another
 Not ask any other returns  Professional reputation through merits of
 Free from business relations which own service & performance
weaken standing as unprejudiced adviser  Independent consultant; official invitation
 Agreement with clause for settlement of before quoting a fee
disputes  Not undertake work unless parties agreed
 Work without undue delay in writing
 Client informed at all times  Raise standards of aesthetic excellence
 Promote allied arts
Contractor  Formal complaint for violations
 Assistance in Contract Docs  Not take designs, drawings without
 Not remedy errors in Contract Docs to permission of employer
Contractor/Owner's disadvantage  Not discriminate
 Reject material not in conformity with
Contract Docs
 Reject free professional engg or receive
gifts/commissions
 Inspect each phase of work completed
PRE-DESIGN SERVICES
UAP DOC 201

Consultation Space Management Studies


 Oral or written advice  Organizational structure
 Conferences  Linkages & interaction
 Appraisals
Value Management
Pre-feasib  Cost-reduction
 Initial assessment  Min cost
 Options/directions  Performance Criteria

Feasib Design Brief Preparation


 Detailed analysis  Terms of Reference
 Project viability  Concepts, objectives

Site Selection & Analysis Promotional Services


 Criteria  Financial support from agencies & public
 Evaluation
 Analysis Manner Providing Services
 As individual
Land Utilization & Land Use Studies  Own staff
 Site development potential  Consultation
 Development controls
Method of Compensation
Architectural Research  MDPE
 Facts & conclusion
Rate x Multiplier ;
Architectural Programming
 Horizontal & vertical reqs Rate = Cost per technical hour
 Space program Multiplier = 1.5 - 2.5
 Characterization

Space Planning
 Size & config
 Use & allocation
 Spatial layouts e.g. stacking concepts
DESIGN SERVICES
UAP DOC 202

6 Phases of Regular Services


 PD
 SD
 DD
 CD
 Bid
 Constr

Project Definition
 Consult with Owner
 Data
 Space reqs & program
 ISPPCC

Schematic Design
 Initial line drawings
 SPPCC

Design Development
 Plans, elevs, etc
 Specs
 Construction systems diagrammatic layout
 SPPCC

Contract Documents
 Complete CD
 Technical Specs
 7 sets
 SPPCC
 Assist owner in filing of docs

Bidding
 Bid docs
(forms, docs for construction, invitation, instruction to bidders, forms for bidder proposals, gen/specific
conditions of contract)
 List of prospective Contractors

Construction
 Decisions = interpretation of CD + progress of work
 Change orders, written guarantees
 Periodic Site Visit
 8-hr On-site not required
 Not held responsible for Contractor's failure
 Separate full-time supervisor if needed for 8-hrs
 If Arch = Supervisor, fees are separate
 Report defects & condemn work not conforming to CD
 Issue Certificates for Payment
(inform Client that work has progressed to state indicated & quality of work is in accordance with CD)
 Final Certificate of Payment to Contractor
Basic Fees Based on Project Classification
GROUP PROJECT BASIC FEE
Group I Simple 6 % of PCC
Armories Public Markets
Bakeries Garages
Hangars Warehouses
Parking Printing Plants
Structures
Group II Moderate 7% of PCC
Art galleries Office
Banks Parks
Churches Police Stations
City Halls Private Clubs
Correctional Restaurants
Court Houses Retail
Dorms Schools
Fire Stations Supermarket
Libraries Publishing Plants
Apartments
Group III Exceptional 8% of PCC
Auditoria Observatories
Cold storage Research
Communication facilities
Bldgs Theaters
Convention halls Hotels
Gymnasium Labs
Hospitals Vet
Mortuaries
Group VIII Residences 10% of PCC

Group V Exposition 12% of PCC


Mausoleums
Museums

Group VI Repetitive

1st Min BF

2nd BF + 80%

3rd BF + 80% + 60%

Succeeding BF + 80% + 60% + 40%(*no.of succeeding bldgs)

Group VII Housing


(several units on single site)
1st BF = 10% of PCC

2-10 units 10% + 60% (no. of additional units bet 2-10)

11 units+ 10% + 60% (10 units) + 30% (no. of additional


units above 10)

Group VIII Extensive Detail 15% of PCC


Furniture design
Built-in Equipment
Fittings, screens, counters

Group IX Alterations 150% of BF


of Groups I-V

Group X Consultation

Advice P200 / hr

Expert Witness P500 / hr


Payment of Schedule
PAYMENT
ACTIVITY
OLD NEW

Upon Signing 5% P25,000


SD complete 15% 15% of PPCC
DD complete 35% 40% of PPCC
CD complete 85% 90% of PPCC
Within 15 days after award of bids* 85% 90% of winning bid cost estimate
Construction complete 100% 100% of Final PCC

*Remaining Balance
Architect's Liability 10% 5%
Periodic Construction Services 5% 5%

Owner's Responsibilities
 Full info/reqs, authorized rep
 Decisions on documents without unreasonable delay
The Owner shall issue orders to the General Contractor only through the Architect

 Certified Survey of Site, topo, relocation survey, line & grade, easements, boundaries, zoning,
clearances, deed of restrictions, titles, soil investigation
 Pay for A&E
 Pay for consulting
 Pay for legal, auditing, insurance, counseling
 Pay for reimbursable, taxes (VAT but not income tax)
 When aware of impairment to successful project, written notice to Architect

Other Conditions on Services


 Additional services = additional  Different Periods of Construction
compensation >6 months, fee for remaining works shall
 Other services (recommended by be doubled
Architect for Owner's approval) =
Paid for separately by Owner +  Specialist Consultants
Coordination Fee With consent of Architect, Separate fee

 Scale Models, 3D Models, Walk-Thru  Separate Service


Separate fee + Coordination Fee Furniture, AI, SDP = Fee Based on PCC

 Per Diem + Traveling Expenses  Full-time Construction Services


+50 km beyond established office in No PM/CM, technical control under
Architect's Letterhead Architect supervision

 Extra Sets  Cost Records


Owner furnish Architect a copy of
 Change Orders records/summary of expenses
For extra time, drafting, resources
 Design & Placement of Signs
 Work Suspended/Abandoned Size, design, contents, approved by
In whole or in part, pay corresponding to Architect; not compromise aesthetics
amount due at stage of suspension

Project Construction Cost (PCC)


 Cost of the completed building to the Owner
 All elements attached to building
 All items indicated in plan
 Cost of materials (if below market cost, cost of material + labor computed at current costs/ fair market
value)
 Not include fees for A&E, Consultants

Project Development Cost


 Professional fees, permits, clearances, utilities, cost of acquiring project site
SPECIALIZED ALLIED SERVICES
UAP DOC 203

SERVICE DUTIES FEE


Architectural Interiors  Space plans, stacking diagrams 12-20% of cost of work
 Furniture, equipment, built-ins, 5% coordinator with ID
finishes, partition, fixtures,
signage Prelim 30%
 Assist in bidding Final 50%
 Approves sample materials & Complete 20%
shop drawings
 Approve billings
 Final inspection

Acoustic Design  Treatment, sound control, 10-15% of cost of work


absorption, insulation 5% coordinator with consultant
 Assist in bidding
 Approves sample materials Prelim 30%
 Final inspection Final 50%
 Assist in amount due to sub-con Complete 20%

Architectural Lighting  Illumination, fixture placement,


efficiency
 Assist in bidding
 Approves sample materials
 Final inspection
 Assist in amount due to sub-con

Site Development  Fit for specific mood 10-15% of cost of work


Planning  Conceptualize, civil works, 5% coordinator with consultant
softscape/hardscape
 Assist in bidding Prelim 30%
Final 50%
Complete 20%

Site & Physical  Quality of settings Type 1 (Estates, Complexes):


Planning  Arrangement of several buildings P5,000/ha for first 50 ha
 Environmental studies, feasib,
market analysis, Type 2 (Subdivision, Urban):
access/movement systems P3,000/ha for first 100 ha

Type 3 (Subdivision, Non-Urban):


P2,000/ha for first 100ha

Engineering Drawings
Additional 4% of cost of work

Comprehensive  Land use, resources, social Man-months i.e.


Planning behavior 22 man-days x 8 man-hours x
 Environmental, demographic, multiplier (for direct/indirect costs)
feasib analysis
 Laws, ordinances, social
constraints
 Master planning

Heritage Conservation  Research, assessment -do-

Security Evaluation  Security, safety, protection -do-

Building Systems  Building components -do-

Facilities Maintenance  Function & maintenance -do-

Building Testing  Structure's array of systems -do-


 Building operational needs

Building Environment  Environmental performance -do-


Certification  Rating system
 Credit-based/earn points
 Flexible
 Consensus-based
 Market-driven

Forensic Architecture  Environment's well-being -do-


 Prolong life in a cost-efficient
manner
 Causes of material deterioration
 Building deficiencies
 Faulty activities
 Faulty plan/ design/ construction

Building Appraisal  Placing value based on -do-


condition, defects, repair,
maintenance

Structural  Type, disposition, arrangement, -do-


Conceptualization & proportioning of structural
elements
 Safety, cost-effectiveness,
functionality, aesthetics

Preliminary Services  Site analysis, space planning, -do-


programming

Contract  Specs writing, estimation, QS, -do-


Documentation & production, software, support
Review services

Post Design Services  FALAR -do-

Dispute Avoidance &  Alternative Dispute Resolution -do-


Resolution (ADR)
 Arbitration, Mediation,
Conciliation, Negotiation,
Contract Admin, Expert
Testimony
 State-accredited

Architectural  Research, Phil Arch, History, -do-


Research Method Materials, Bldg Types, Design
Trends, Writing & Photography

Special Building /  Recreational, Tourism, -do-


Facility Planning Healthcare, Hospitality, Transpo,
Telecomm, Utility, Business &
Industrial Parks, Economic
Zones

Building Components  Building Envelope, Cladding & -do-


Services Roofing, Fenestrations,
Hardware, Fixtures, Fittings

Management of  Office Management -do-


Architectural Practices  Accounting, Finance, Taxation,
Audit, Labor Code, Marketing,
Project Dev, Proposals, BPO /
KPO
FULL-TIME CONSTRUCTION SERVICES
UAP DOC 204-A

Scope of Services Payment


 Quality Control  1-1.5% of PCC
 Evaluation
 Daily Inspection Reports Roles
 Filing of docs  Owner = Decision to Build
 A&E = Design Concept
 Contractor = Delivery
Legal Responsibility of CSG
 Agreement between CSG & Owner may stipulate civil liabilities of CSG, esp if CSG partly reviews CD
 AoR/EoRs & Contractor sued by Owner due to performance/non-performance traceable to CSG,
AoR/EoR may file cross claims agains CSG

Compensation
 CSG = Salary / Flat rate per month
 Architect = 1-1.5% of PCC / MDPE

CONSTRUCTION MANAGEMENT SERVICES


UAP DOC 204-B

Scope of Services Legal Responsibility


 Coordination & Supervision  CM assumes no liability in case
 Cost & Time Control equipment/bldg collapses due to:
 Quality Control o Plan/design deficiencies,
 Records provided CM did not design
review/approval
o Deficiencies in manner of
construction, provided CM
discharged functions

POST-CONSTRUCTION SERVICES
UAP DOC 205

Building Maintenance Post-Construction Evaluation


 In good condition  Design program vs Actual use
 Rules for proper use of facility, esp  Effectiveness of building systems
common areas, emergency exits  Assist 3rd parties in evaluating functional
 Security services effectiveness
 Maintenance & upkeep services  Study, research, evolving defects
(shrinkage, water seepage)
Grounds & Landscaping Supervision  Forensic Investigation
 Maintenance of landscape
 Orderly entrance, exit, parking Compensation
 Maintain streets  % of gross rentals, maintenance, security
fees
Building & Equipment Maintenance  Monthly salary
 Assist 3rd parties, maintain all equipment  4-6% of gross rentals (old SPP)
in good working condition
COMPREHENSIVE ARCHITECTURAL SERVICES
UAP DOC 206

Project Management
SCOPE
LEGAL
 Pre-Design to Post-Construction
 None under Civil Code
PRE-CONSTRUCTION
SERVICES
 Regular consultations with Owner & with
A&E  Architect may expand staff by hiring
experts
CONSTRUCTION
COMPENSATION
 PM = CM, see SPP 204-A
 Primary responsibility is overall cost  2-5% o PCC
control

DESIGN-BUILD SERVICES
UAP DOC 207

Design-Build by Administration Design-Build on Guaranteed Maximum Cost


SCOPE  Same except guaranteed max PCC
 Savings upon completion = divided
 Schedule of work, program & estimates, equally between Owner & Architect
labor, transpo, equipment  FPCC not exceed 10% max of IPPCC
 Hiring of construction personnel, guaranteed by Architect; otherwise,
designation of duties, & renumerations Architect liable for excess amount only up
 Procurement of materials to his Admin Fee
 Payment of accounts  Additional expenditures beyond
 Keeping of records GMPCC due to Change/Variation Orders
 Negotiation with govt & private agencies (CVOs), extra work orders (EWOs),
escalation of prices of materials & labor
COMPENSATION (recognized by NEDA), & not fault of
Architect = Cost to Client
 7% of PCC
COMPENSATION

 10% of PCC excluding Design Fee


 Or built-in GMPCC

SELECTION OF THE ARCHITECT & METHODS OF COMPENSATION


UAP DOC 208

Methods of Selection
 Direct – small projects, recommendation
 Comparative – most common, corp/firm, reputation, previous projects, costs, size of staff

 ADC – adv: open to most, young firms encouraged; disadv: competent firm not interested, most
expensive & time-consuming, judges are practicing Arch

Project ADC – for actual projects for implementation


Single or 2-stage
Open or by Invitation
Degree of complexity based on project classification (SPP 202)

Ideas Competition – Exercise to a problem

Professional Adviser paid by Owner & approved by IAPOA NBD thru ADC Committee
st nd
1 Prize only for Ideas Comp, honorarium paid to each Competitor in 2 Stage +reimbursable
ADC by Invitation, honorarium
Owner not free to pick out portions of entries to compose another plan/design
Methods of Compensation
 Percentage of Construction Cost (PCC)
Worldwide use, fair to Arch & Client since based on project cost, similar concept to developers &
lawyers, flexible when there are changes

 Multiple of Direct Personnel Expense (MDPE)


For non-creative work
A = Architect’s Rate/hr
C = Consultant’s Rate/hr
T = Technical Staff Rate/hr
N1, N2, N3 = No. of hours spent
M = Multiplier (2-2.5) for overhead & profit
R = Reimbursable

Direct Cost = AN1 + CN2 + TN3


Fee = Direct Cost x Multiplier
Total Cost of Service to Client = Fee + R

 Professional Fee plus Expenses


Continuing relationship on series of projects

 Lump Sum
For government, paper work & time-consuming because of changes

 Per diem plus reimbursable


Attend meetings, site visit

 Mixed

PROFESSIONAL ARCHITECTURAL CONSULTING SERVICES (PACS)


UAP DOC 209

Design-Build by Administration
SCOPE

 Only duly-qualified FPCAs. If non-FPCA (FA or FC), min of 2 Filipino RLAs in same specialization as
understudies
 Government Procurement Reform Act RA No. 9184

COMPENSATION

 Comparable with foreign standards


 No disparity between FPCA & FC for same scope of work

 Per Diem or Hourly


 Retainer
 Salary cost times multiplier, plus direct cost or reimbursable (Multiplier = 3_
 Lump Sum
 % of PCC

PROFESSIONAL LIABILITY

 Professional Liability Insurance Policy


 Professional Indemnity Insurance
 Bond form commensurate with scope of project
 Part of total project cost chargeable to client
GENERAL CONDITIONS
UAP DOC 301

ART. 1: Definitions ART. 6: Laws, Regulations, Site Conditions


CONTRACT DOCUMENTS
 Agreement  Laws & reg
 General Conditions  Site conditions
 Special Provisions
 Specs ART. 7: Permits, Taxes, & Surveys
 Drawings
 Permits & licenses
KEY PLAYERS  Taxes
 Owner  Construction stakes & reference mark
 Architect  Services of licensed surveyor
 Engineer  Final certification
 Project Rep
 Contractor ART. 8: General (Equipment & Materials)
 Sub-Con
ART. 9: Equipment
BONDS
 Proposal Bond – guarantee to enter into  Quality of equipment
contract  Approval data
 Performance Bond – guarantee to
execute work in Terms of Contract
ART. 10: Equipment
 Payment Bond – guarantee to pay all
obligations arising from contract
 Manufacturers & dealers
 Guarantee Bond – guarantee
 Samples of materials
workmanship, materials, equipment
 Trade name materials & substitutes
BID DOCS  Testing samples
 Proposal  Storage & stockpiling
 Tender docs  Defective materials
 Invitation to Bid  Imported materials
 Bid Bulletin
 Instruction to Bidders
ART. 11: Materials, Equipment, Fixtures,
ART. 2: Execution, Correlation, & Intent of
Appliances & Fittings furnished by Owner
Documents
ART. 12: Royalties & Patents
 Signature on docs
 Intent of CD ART. 13: Manufacturer’s Directions
 Conformity to CD
 CD at site
 Ownership of CD & models ART. 14: Use of Premises

ART. 3: Drawings & Specs  Limitation of Use


 Safeguard for Structure
 Copies of drawings & specs
 Coordination of drawings & specs ART. 15: Temporary Structures & Facilities
 Clarification of meaning
 Discrepancies in drawings  Office & contractor’s building
 Housing for workers
ART. 4: Detail Drawings & Specs  Sanitary facilities & first aid station
 Barricades & guard lights
 Supplementary drawings  Water, power, & telephone facilities
 Schedule for submission  Signs
 Roadways
ART. 5: Shop Drawings  Stairs
 Ladders
 Conditions  Ramps
 Checking drawings of sub-con  Elevators & hoists
 Transmittal  Temporary enclosures
 Corrections, changes, variations  Trial Usage
 Responsibility for accuracy  Removal of temporary structures
ART. 16: Protection of Work & Owner’s Property  Over 65%
 Correction of work before final payment
 Safeguard measures  Other reqs before final payment
 Old materials  Acceptance before final payment
 Trees & other plants  Correction of work after final payment
 Drainage  Release of retention

ART. 17: Protection of Adjacent Property & ART. 23: Separate Contracts to Other
Existing Utilities Contractors

 Contractor’s sole responsibility  Owner’s right to let other contracts


 Existing utilities
ART. 18: Protection of Life, Work, & Property ART. 24: Contractor-Separate Contractor
during Emergency Relations

 Authorization to contractor  Storage of materials & work coordination


 Cutting, patching, digging
ART. 19: Labor  Defective work
 Damaged caused
 Character of Workmen
 Superintendence & supervision ART. 25: Sub-Contracts

ART. 20: Work  General


 Competency of sub-contractor
 Methods  Contractor’s responsibility
 Layout
 Inspection ART. 26: Contractor-Sub-Contractors Relations
 Defective ART. 27: Contractor’s Right to Suspend Work
 Emergency ART. 28: Owner’s Right to Terminate Contract
 Increased/decreased quantities ART. 29: Owner’s Right to Proceed Work after
 Changes in work Takeover from Contractor
 Changes by Owner
 Change of sub-surface conditions ART. 30: Contractor’s Responsibility for
Accidents & Damages
 Adjustment of contract
 Value of extra work
 Safeguards to be undertaken by contractor
 Period for which claim for adjustment has
 Contractor’s responsibility
to be asserted
 Indemnity (obligation to provide
 Changes ordered by architect
compensation for particular loss)
 Award of extra work
 Claims for extra cost ART. 31: Contractor’s Insurance & Bonds
 Cleaning up at completion of work
 Use of completed portions of work  Liability insurance
 Certificate of completion  Fire insurance
 Period of making good known defects  Performance & payment bonds
 Making good of known defects  Guarantee bond
 Search for causes  Guaranty warranty
ART. 21: Time of Completion of Work ART. 32: Owner’s Responsibilities & Liabilities

 Notice to Proceed  Protection of employees & professionals


 Contract time  Optional insurance
 Schedule of completion
 Extension of time ART. 33: Liens, Disputes, & Arbitration
 Liquidated Damages
ART. 22: Payments  Liens
 Assignment
 Detailed breakdown of Contract amount  Damages
 Requests for payment  Disputes
 Progress photographs  Arbitration
 Architect’s action ART. 34: Architect’s Status
 Approval withheld ART. 35: Authority & Responsibilities of
 Conditions relative to payment Engineers
 Owner’s action on Certificate of Payment ART. 36: Authority & Duties of the Project
 Payment of Contractor’s obligations Representatives, Resident Architects, Resident
Engineers, or Construction Inspectors
Schedule of Time Limits Contract Documents
 Bidding  Contract Forms
 Award of Contract o Agreement
 Notice to Proceed o Performance bond
 Contract Sum Breakdown o Payment bond
o certificates
 Request for Payment  Contract Conditions
 Architect’s Action on RFP o General
 Owner’s Action on RFP o Supplementary
 Retention  Specifications
 Claims for Extra Cost  Drawings
 Claim for Extra Cost by Sub-con  Agreement
o Contracting Parties
 Beginning, Suspending, or resuming work o Scope of Work
 Request for owner supplied materials o Architect’s Services
o Architect’s Fee & Manner of
 Request for drawings
Payment
o Owner’s Responsibilities
 Contractor’s right to suspend work or
o Expense Chargeable to both
terminate contract
parties
 Owner’s right to terminate contract o Project Supervision
o Estimates
 Disputes o Ownership of Documents
 Correction before Final Payment o Successors & Assigns
 Correction after Final Payment o Arbitration
o Acknowledgement

*Bidding Docs: Everything


*Project Manual: Everything except drawings (Bid Docs, Contract Forms, Contract Docs, Contract Conditions, Specs)
*Contract Docs: Everything except Bid Docs (Contract Forms, Contract Docs, Contract Conditions, Drawings, Specs)

OWNER-ARCHITECT AGREEMENT
UAP DOC 401

Proforma: Detailed Architectural & Engineering Design (DA&E)

 For Full DA&E inclusive of Periodic Construction Supervision (PCS)


 Architect brings in all of the Design Engineers as part of Design Team
 Single point responsibility
 Architect partly liable to Client for work done by Engg
 To avoid, PRBoA recommend Architects instruct Client & Engg execute separate Service Agreements
 Architect focus on Detailed Architectural Design (DAD) inclusive of SDP, AI
 Arch takes part of Regular DA&E (DE excluded but PCS retained) = 60% of SPP 202 Fees
 PCS = 5% of BF, Signing & Sealing = 5%
 Not for Design-Build nor Construction Agreement
 Contractor’s License from Philippine Constructor’s Accreditation Board (PCAB) of Construction Industry
of the Philippines (CIAP) under DTI
 Architect criminally liable in construction work without PCAB license
Architect-Owner Agreement
 Project
 Location  Article 6. Successors & Assigns
 Owner o Binding; Neither Owner nor Arch
 Architect (PRC ID No., Address, shall assign/transfer interest in
Mobile/Tel) Agreement without written
consent of the other
 Article 1. Scope of Work
o SDP  Article 7. Arbitration
o Basic/Regular DA&E o Alternative Dispute Resolution
(ADR)
 Article 2. Architect’s Basic Services o 14 days nego period
o PD, SD, DD, CD, BID, CONSTR o 14 days conciliatory discussions
rd
with neutral 3 party
 Article 3. Architect’s Fee o Mediation/Arbitration under
o % of FPCC Construction Industry Arbitration
o Payment Sched (25k, 15%, 40%, Commission (CIAC)
90%, 90%, 100%) o Resolution within 6 months
o Losing party file Petition for
 Article 4. Owner’s Responsibilities Review under Court of Appeals
o Venue @ CIAC Office
 Article 5. Other Conditions on Services
o Conditions, Other Services, Scale  Sign
Models, Per Diem & Traveling o Owner
Expenses, Extra Sets, Change o Architect
Orders, Work Suspended, o In Presence Of
Different Periods, Specialist
Consultants, Separate Services,
Fulltime Construction,
Government Taxes, Ownership of
Docs, Cost Records, Design &
Placement of Signs, PCC, PDC

OWNER-GENERAL CONTRACTOR AGREEMENT


UAP DOC 402
Owner-General Contractor Agreement
 Article 1. Scope of Work
o All work necessary to complete the Project, ready for use (except for works done by other parties)

 Article 2. Time of Completion & Liquidated Damages


o Ready for use not later than ___

 Article 3. The Contract Amount


o Perform work than required, additional cost; Omit work, deducted cost

 Article 4. Payments
o 90% of work at end of every month. Breakdown of Work and Corresponding Value
o Fail to pay within 30 days, interest

 Article 5. Contract Documents

 Article 6. Performance & Payment Bonds


o Within 15 days from signing, surety bond
o 30% of full contract price
o Faithful performance of Contract & satisfaction of obligations for materials used & labor
employed
o Effective within 1 year after acceptance of work

 Article 7. Taxes, Licenses, Permits & Fees


o Paid for & obtained by Contractor
 Article 8. Insurance & Conditions
o Within 15 days after signing, Contractor submit Certificate of Insurance to protect against
claims for damages for personal injury, death, and damage to Owner/adjacent property
o Subject to approval of Owner
PRACTICAL SPECIFICATIONS WRITING
UAP DOC 307

Technical Specs
Written doc for proper construction or material & equipment procurement which cannot be placed in drawings
 Scope
 Materials
 Installation
 Workmanship

Types of Specs
 Performance Spec
o “FAN – …not less than 860 cu.ft. of free air per minute”
 Brand Name Spec
o “FAN – …model no. XYZ by Static Air Fan Company or equal approved”
 Closed (single product) Spec
o “FAN - …model UR 1-2 by XYZ Company. No other brand will be accepted.”
 Closed (multi product) Spec
o “FAN - …model UR 1-2 by XYZ Company or ABC Company.”
 Open Spec
o “FAN - …model UR 1-2 by XYZ Company or equal approved”
 Reference Spec
o “FAN - …conform to Federal Spec W-F-207 c”
 Combination Spec
o “FAN – move not less than 860 cu.ft. and wall mounted, centrifugal type for outdoor use”

16-Division Uniform Construction Index


 General Requirements  Doors & Windows
 Sitework  Furnishings
 Concrete  Special Construction
 Masonry  Conveying Systems
 Metals  Mechanical
 Wood and Plastics  Electrical
 Thermal & Moisture Protection

3-Part Section Format


 General  Product
o Scope o Materials
o Description of Systems o Mixes
o Req of Regulatory Agencies o Equipment
o Qualifications o Fabrication
o Submittals o Source Quality Control
o Mock-up  Execution
o Product Handling o Condition of Surfaces
o Environmental Conditions o Preparation
o Protection o Installation
o Operating Instructions o Field Quality Control
o Extra Stock o Adjusting
o Alternates o Patching
o Measurement & Payment o Cleaning
o Schedules

Estimating
 Evaluation of all costs of elements of  Indirect Cost
specific project o Mobilization/Demobilization
 Cannot give guarantee o Transportation
o Overhead
 Direct Cost o Taxes
o Materials o Contingencies
o Labor o Mark-up
o Consumables
o Equipment  Escalation Cost (changes cost in given
o Subcontract economy over period)
Architectural Economics  Fees, Financing
 Budget & timeframe  Movable Equipment & Furniture
 Project Feasibility  Major Off-Site Work
 Proforma expected income & cost to build
& operate
 Expected cost & rent

4 Basic Variables in Budget Terminologies


Development  Amortization–spreading payment over period
 Book Value–value of assets on balance sheet
 Quantity (area)
 Break-even Point – point of balance sheet
 Quality
between profit & loss
 Budget Itself
 Depreciation – decrease in value of assets
 Time
 Economic Return – payments to various
 Budget = f(Quantity, Quality, Time)
factors of production
 Present Value – value expected as of date of
Cost Influence (Project Cost) valuation, less than/ equal to future value due to
 Construction Cost interest/time value
 Site Acquisition, Site Development
Importance of Time Management
Scheduling Techniques  Contract Stipulations
 Bar chart  Labor Paid by hour/day
 S-curve  Equipment Rental by hour/day
 Line Balance  Liquidated Damages
 Critical Path method
 Linked Bar chart

Pert-CPM (Program Evaluation & Review Technique – Critical Path Method)


 Duration – time to complete activity
 Event – start of activity
 Dummy Activity – sequence indicator, no duration/cost
 Critical Path – longest path in time through network
 Float/Slack – leeway without adverse effect (EF – ES or LF – LS)
 Early Start – earliest time activity can start
 Late Start – deadline an activity must start
 Early Finish – earliest activity can be finished
 Late Finish – activity finished if project is not delayed

Bar Chart
ITEMS COST TOTAL MONTH MONTH MONTH MONTH MONTH MONTH MONTH
OF COST 0 1 2 3 4 5 6
DESIGN W/
& LABOR
MATLS & ADD-
ONS

PROJECTED
MONTHLY
ACCOMPLISHMENT/
PROJECTED
CUMULATIVE
ACCOMPLISHMENTS/
% OF
ACCOMPLISHMENT

General Forms of Collaboration


 Sub-contractual with one or more  Architect one of 3 equal partners
consultants  Architect leads team of consultants
 2 or more Archl Firms with 1 prime  Architect involved in trusted advisor role
contract with Owner for client at policy-making, pre-project level
 Joint venture between firms
 Multiple Agreements
RA 7160
LOCAL GOVERNMENT CODE 1991

Appointive Local Officials Common to All Municipalities, Cities, & Provinces


 Secretary to Sanggunian  Legal Officer
 Treasurer  Agriculturist
 Assessor  Social Welfare & Development Officer
 Accountant  Environment & Natural Resources Officer
 Budget Officer  Architect
 Planning & Development Coordinator  Information Officer
 Engineer  Cooperative Officer
 Health Officer  Population Officer
 Civil Registrar  Veterinarian
 Administrator  General Services Officer

Qualifications of M/C/P Architect Powers & Duties


 Duly licensed  Basic services & adequate facilities
 5 years practice for C/P Architect  Plans & programs
 3 years practice for M Architect  Renewal of blighted areas, land
reclamation, land greening, marine
foreshore
 Max utilization of land & water
 Redesign spatial distribution of basic
facilities during calamities

Global Practice

WTO GATS Coverage


 Global rules of trade between nation  Cross-border Supply – services supplied
 GATT – General Arrangement on Tariff & from one country
Trade
 GATS – General Arrangement on Trade in  Consumption Abroad – consumers from
Services one country use service from another

Basic Principles  Commercial Presence – company from


 Most-favored nation one country setting up branches in another
 Market Access
 National treatment  Movement of Natural Persons –
 Transparency individuals traveling from own country to
supply services in another
 Objective
 Unrestricted International Payments
 Individual Countries’ Commitments
 Progressive Liberalization

EO 1008
CONSTRUCTION ARBITRATION LAW
Feb 4, 1985

Conciliation
 Settling disputes through panel of “conciliators”

Mediation
 Settling disputes through single neutral third party (“mediator”)

Arbitration
 Investigation of matters by one or more unofficial persons (“arbitrator”) chosen by the parties
 Avoid formalities, delay, expense, vexation of ordinary litigation
Construction Arbitration
 Based on consent of disputing parties unless made compulsory by law
ARBITRATION CONCILIATION / MEDIATION
May proceed even in absence of one or both parties Cannot proceed if any of the parties are not present
Fees based on sum in dispute Fees on per hour basis
Meetings scheduled by arbitrators Meetings scheduled by parties
Meetings recorded Report of meetings recorded
Meetings held in CIAC Venue agreed by parties
Arbitrators can rule over objections No definite time
30 days resolution but not more than 6 months from Not binding
signing of Terms of Reference
Result is binding Agreements reached by filing motion in court
Writ of execution

Definition of Terms
TERM DEFINITION
INTEREST RATES Payment is not made when due, compensate the contractor for Owner’s use of
money due for payment

Rates written into agreement

RETAINAGE Protect the owner

Retain set of percentage of value of work completed to ensure faithful


performance of contract. Released within 3 months after date of final payment

Approximately equivalent to the profit

FINAL PAYMENT Waives all but specifically enumerated claims

CONTRACTOR Remedy any defects due to faulty materials or workmanship within 1 year from
date of acceptance of work

SUBCONTRACTS Relationship with general contractor

Subcon do not have contract with owner unlike prime contractor

RISK ASSESSMENT Probability of an unfavorable outcome

Minimize probability & severity

FORCE MAJEURE Act of God / nature

No reparation shall be made to the contractor for damages

CLIENT EVALUATION Due diligence before signing contract

Business routinely check the financial strength and payment record

FEE DISPUTES Client’s discontent

Refusal to pay fee may be strategy of fee avoidance or cost recovery scheme

ADJUDICATION End of cooperative working relationship with client

LEGAL RECOURSE / Lawyer or collection agency when client does not pay
FEE COLLECTION
Only interest for firm is getting paid for services

CONTRACT CHANGES Every project involves changes, established into project agreement at the outset

Client authorization required, confirmed in writing


Some firms have “Zero Change Orders” – no added compensation for first one or
two small changes
SUSPENDING SERVICES Client not paying invoices or meeting other contract reqs

Gives leverage & opportunity to resolve problem before services & expenses pile
up

CONSTRUCTION Not absolute


ESTIMATE
60% of projects estimated within 5% of low bid is a good estimator
On average, 1 in 5 projects fall outside 10% range

May avoid hazard by including adequate contingencies & allow additions or


deletions

STANDARD OF Suit can be brought by anyone, even a party with whom the architect has no
REASONABLE CARE contractual relations

NEGLIGENCE Proof of 4 elements:

Duty
Breach
Cause
Damage

RA 9184
THE GOVERNMENT PROCUREMENT REFORM ACT

Procured Procurement Activities


 Goods  Advertisement
 Infrastructure  LOI
 Consulting Services  Eligibility Check
 Issuance of bid docs
 Pre-Bid Confe
Terms to Remember  Clarification
 ABC – Approved Budget for Contract  Bid Bulletin
 IAEB – Invitation to Apply for Eligibility and  Opening of Bids
to Bid  Bid Evaluation
 LOI – Letter of Intent  Notification
 CDs – Calendar Days  Negotiation
 NTP – Notice to Proceed  Post Qualification
 COA – Commission on Audit  Issuance of Notice of Award
 Contract Preparation & Signing
 Approval of Contract by Higher Authority
 NTP
Notes
 COA observer in all stages
 Brand names not allowed in specs (characteristics & performance)
 Advertise IAEB
o Newspaper if ABC > Php2M for goods, ABC > Php5M for infra, ABC > Php1M or duration of >
4 months for consulting services
o PhilGEPS
o Website of procuring entity
o Conspicuous place in premises of procuring entity
 Eligibility Check for each project since not all bidders may be eligible on every project they bid on vs
Pre-qualification which is only few times per year
 Pre-bid confe ABC of Php1M or more
 Attendance of bidders not mandatory but must be issued bid bulletins
 Infra = 1 sealed envelope
 Consult = 2 sealed envelopes (Technical Proposal then Financial Proposal – submitted on same day
but opened on separate days)
 Only those Financial Proposals with Technical Proposals which are deemed “passed” are opened
 Quality-based evaluation
 Quality-cost based evaluation
 “Winning” bids
o Lowest Calculated Responsive Bid – goods & infra
o Highest Rated Responsive Bid - consulting
 Failure of Bidding
o No bidders submit LOI / no bids received
o All prospective bidders ineligible
o All bids fail to comply with all bid requirements
o Winning bidder refuses to accept award of contract
 BAC (Bids & Awards Committee) can modify terms, scope of work, cost estimates provided ABC is
maintained

nd
Negotiated procurement if 2 failure of bidding

 Structural Defect
major fault in one or more key structural elements which may lead to failure of completed elements
 Structural Failure
facility or part fails or collapses, endangering safety of users or general public

“Who is Held Liable within Warranty Period?”

Q: Structural defects due to use of substandard materials & violation of contract plans?
A: Contractor

Q: Structural defects due to inadequate design & specs & CS?


A: Consultant who prepared design or CS

Q: Structural defects due to altering the designs & other specs, negligence or omission?
A: Procuring entity’s rep, PM, CM/CS

Q: Structural defects caused by leaking pipes, diggings/excavations underground cables, electrical lines, tunnels,
mining shafts?
A: Third Parties

Q: Structural defects due to abuse/misuse of facility & non-compliance with technical design limits?
A: Users
--
Q: Who assists owner in Contract Docs?
A: PM then Architect

Q: Who approves finishes?


A: Owner

Q: Who applies for Building Permit?


A: Owner

Construction Forces Types of Construction Contracts


 Gen Con  Lump Sum
 Prime Con  Unit-Price
 Sub Con  Cost plus Fixed Fee
 Cost plus Percentage Fee
Contractors Classification  Administration
PCAB – agency in-charge of licensing  Management
 GMC plus Participation on Savings
 Engineering  Turnkey Project
 General Building
 Specialty Contractors Selection of Contractor
 Pre-qualifying Bidders
Categories  Invitation to Pre-qual
Contractor = Builder = Constructor  Pre-qual Docs
 Invitation to Tender/Bid
 AAA – very large & complex  Bid Bulletin
 A – large  Bid Prep / Bid Bond
 B – medium large  Submission, Opening, Abstracting of Bids
 C – medium size  Evaluation of Bids
 D – small  Awarding of Contract
 Specialty
Issues Besetting the Architectural Profession
 Intellectual Property
 Marketing One’s Services
 Advocacies & Design Criticism
 Overlaps with Other Profession & Fields of Practice
 Technological Advancement (CAD, Ready-made plans)
 Globalization of Practice; Global Outlook of Clients

UAP Specialty Councils


 initial triad (3) of UAP members recognized in a particular field of specialization organizes a council core
e.g. Council of Architectural Lighting, Architecture for Health, Tall Buildings, etc

 Formal Education
 Research paper, presentations & publications
 Related Community Service
 Seminars and Training
 Relevant experience
 Annotated Educational Trips/Documents Observation Tours

 UIA - Union of International Architects

Difference Between RA 545 & RA 9266


 Structural Conceptualization
o Qualitative aspect of structural designing
o Structural Design pertains to the quantitative aspect done by the engineers

 Definition of Architectural Firm


o A sole proprietorship, a partnership or a corporation registered with the proper government
agencies
o Partnership = Architectural Company

Composition of BoA
 1 Commissioner: 9 yrs w/o appointment, Php48,000 annual, Php500 allowance
 2 – Assoc Comm: 6 & 3 yrs, Php36,000, Php300

Procedure for Exam of Board Examiners


 Bid Book
 Interview
 Shortlist
 PRC
 President of RP
 Selection

Other Notes
 OJT considered in logbook circa 2008
 Relocation Survey validates TCT
 Bid Bulletin = Bid Addendum = bidder’s queries
 Liquidated Damages = 0.001 x Calendar Days

ASEAN Countries
 Brunei  Cambodia
 Indonesia  Laos
 Malaysia  Myanmar
 Philippines  Singapore
 Thailand  Vietnam
Additional Notes
 According to RA9266 – all projects either big or small must have a contract.
LAWYER – NOTARY – REGISTER OF CONTRACT

 Contractor – pays for the Building Permit (cannot be reimbursed, not included in Estimates)

 Architect cannot be a Contractor at the same time

 Contractor is profit motivated; Builder is completion motivated; Contractor holds the money; Builder
doesn’t hold the money. 15 days can a contractor, after giving due notice to the owner/architect
suspend work or terminate a contract. Responsible for the payment of insurance for personal injury
and to property; Responsible for the As-Built Plans of the Project

 2% per annum – Interest (if money is not fully collected)

 TOR – Terms of Reference

 Building Permit – validity 120 days, valid 12 months if constructed has not commenced; exception
government structure; exempted if P15,000 PC

 Notary –legalize document with series no., document no., etc.

 Arbitration – can file a case after 30 days

 Specifications – printed documents stipulating the procedural aspects of the contract

 Variance –minimum possible deviation from standards which is permitted to make a highly beneficial
housing project

 Project duration is computed immediately from the receipt date of the NTP

 Design of any religious structures is assessed professional fees

 Competitive bidding is mandatory for public work projects

 7 Days – effectivity of a Construction contract from receipt of Notice of Final Payment

 Labor – characteristics/quality, No. /quality, no. of workers signed by YOU

 Work – duration and deadlines; if delay P20,000 per day

 TEMPACIL
o Office – bedroom for Architect
o Quarters – for staying workers
o Warehouse – storage
o Accessway – road ways, bridge, hoist (elevator)
o Enclosure
o Signage
o Trial usage

Involving Number of Days


 5 days – means immediately
 7 days – NTP ‘ notice to proceed’
 10 days – request for materials and drawings; notice (stop, begin or resume)
 15 days – money matters (request for inspection, payments, salary and wages)
 30 days – arbitration
 90 days – government stoppage
 120 days – Building Permit (stoppage)
 365 days – Building Permit (without construction)
– 3 consecutive board examination failures
– guaranteed bond
– reinstatement
 3 years – renewal of license
 15 years – liability of architect to his project

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