University of Portsmouth

School of Architecture
Final Examination in Professional Practice (Part 3) Architecture 2019
UNIT 702 Examination - Practice Management, Law and Contract
______________________________________________________________________________________________

DATE: 2nd September 2019

TIME: 10:30 am – 1:15 pm
(Includes 15 minutes reading time allowed prior to commencing writing)
EXTRA TIME Students: 10:30 am – 1:53 pm
(Includes 15 minutes reading time allowed prior to commencing writing, and 38 minutes
additional time)

1.1 (ARB Criteria 1.1, 1.2, 1.3, 1.4, 1.5, 1.7, 2.1), 1.2 (1.1, 1.2, 1.3, 1.9, 1.10.)
2.1 (2.1, 2.3, 2.5, 2.7, 2.10), 2.2 (2.1, 2.3, 2.5, 2.6, 2.8, 4.6
3.1 (3.2, 3.3, 3.4, 3.6, 3.7, 3.8) 3.2 (3.2, 3.3, 3.10)
4.1 (4.6, 4.7) 4.2 (4.4, 4.7, 4.9, 4.10)
5.1 (5.6, 5.7, 5.8, 5.9, 5.10) 5.2 (5.5, 5.6, 5.7, 5.8, 5.9)

Limited reference material only allowed (submitted prior to exam):

RIBA Standard Services Contract or similar, the ARB and RIBA Codes of Conduct,
plus one form of building contract only. Photocopies of these are permitted, but all
texts must be unmarked.

You have 2 ½ hours in which to answer five questions (approx. 30 minutes per
question). There are 5 Sections in the exam, and each section contains 2 questions.
You must answer one question from each Section. All questions carry equal
marks. Where questions are in two parts, weightings for each section are shown.

Fifteen minutes reading time is allowed prior to commencing the paper. You are not
allowed to make notes during this period.

You are reminded to maintain anonymity in your answer paper by referring to yourself
in generic terms.

Begin each answer on a separate page and clearly indicate the question number on
each page (e.g. 3.1). Any preliminary notes should be made on the answer sheets and
lightly crossed through.

The sections of the paper correlate to the ARB Criteria:

1 Professionalism
2 Clients, users and delivery of services
3 Legal framework and processes
4 Practice and management
5 Building procurement
In your answers, you may refer to the RIBA Plan of Work 2013 or 2007 versions.

Do not turn over this page until you are instructed to do so.

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University of Portsmouth
School of Architecture
Final Examination in Professional Practice (Part 3) Architecture 2019
UNIT 702 Examination - Practice Management, Law and Contract
______________________________________________________________________________________________

PRACTICE SCENARIO

Established in 2012, Quore Architects have managed to grow from humble beginnings,
and are now enjoying an increase in workload, publicity and profitability. The office they
built for themselves last year is beginning to see a return as a marketing tool, having just
won an RIBA Regional award. Situated on the banks of the River Winch and within
walking distance of Winchmouth city centre, the prominent location has attracted new
client interest and student attention. In addition to the two founding partners (Yazim and
Monika), there are two other qualified architects including you (having just passed your
Part 3 exams). A senior technologist, one Part 2 student and a new undergraduate
degree apprentice make up the remaining design staff. Support staff consist of a full
time administrative assistant and a part time office manager / book keeper.

Since completing your MArch/Part 2 you were employed by a large national practice, but
you felt you were not getting good contract experience and moved to Quore Architects
18 months ago. You have gained some good experience and have been given a
relatively high level of responsibility across a range of projects, which ensured your
success at your recent Part 3 examination. Quore is working towards becoming a RIBA
Chartered Practice, and aims to be supportive of staff, encouraging exchange of
knowledge and good opportunities for CPD.

The office has several small and medium commissions in progress, with enquiries
coming through on a daily basis. The projects you are working on at present are a
feasibility for a veterans rehabilitation centre and boat house in West Itchenor, and a fast
track design and build student housing development for a private developer in
Porthampton. In addition you are assisting with two other projects in the office and
responding to new client enquiries.

NOTE: This scenario develops further through the questions and students are advised
to read ALL the questions.

You are reminded to maintain anonymity in your answer paper by referring to yourself in
generic terms. Begin each answer on a separate page and clearly indicate the question
number on each page. Any preliminary notes should be made on the answer sheets and
lightly crossed through.

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University of Portsmouth
School of Architecture
Final Examination in Professional Practice (Part 3) Architecture 2019
UNIT 702 Examination - Practice Management, Law and Contract
______________________________________________________________________________________________

SUMMARY – SCENARIO PROJECTS:

Veteran Boat House/Recovery Centre, West Itchenor, Chichester Harbour

Project: Recovery centre and Boat House for veteran amputees

Client: Joint venture between Row2Recovery (R2R) and Help for Heroes
(H4H)
Work Stages: Full services
Contract: Traditional procurement – JCT SBC/Q 2016
Candidates Role: Project architect

Student Accommodation, Porthampton

Project: 300 unit student accommodation

Client: Private developer
Work Stages: 3-4
Contract: Design and Build
Candidates Role: Project Architect

Project: Conversion of basement into staff accommodation, Gorgetown

Project: Conversion of basement into staff accommodation in historic

building
Client: Owner of The Stuffed Ptarmigan, an independent restaurant.
Work Stages: Initial consultation
Contract: Undetermined
Candidates Role: Project Lead

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University of Portsmouth
School of Architecture
Final Examination in Professional Practice (Part 3) Architecture 2019
UNIT 702 Examination - Practice Management, Law and Contract
______________________________________________________________________________________________

Site Plan:
Veteran Boat House Site, West Itchenor, Chichester Harbour (n.t.s.)

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University of Portsmouth
School of Architecture
Final Examination in Professional Practice (Part 3) Architecture 2019
UNIT 702 Examination - Practice Management, Law and Contract
______________________________________________________________________________________________

SECTION 1 - Professionalism

Answer 1 question from this section.

Question 1.1

Project: Student Accommodation, Porthampton

Following a casual drink with an old colleague last night, you have uncovered some
concerning rumours about your new client. The previous practice he employed is still
owed considerable money, and as they did not agree a contract of services or even a
letter outlining their scope of responsibilities, dealings with the client to recoup their fees
have been fraught. The director is now suffering ill health as a result. The colleague,
who works for the previous practice, describes the client as being ruthless in going about
his business, to the extent that he destroyed a colony of bats that were roosting on the
site. There is also rumour of financial difficulty for the client, with his business dependent
on a successful planning application for the site.
In your initial meeting with the client he informed you that the previous practice had been
paid, but you remember at the time thinking it odd that there were no title blocks on the
drawings.

What are the issues here both for the previous practice and for you? What are
your obligations as a registered architect? What actions do you take?

Question 1.2

CPD Lecture: Is architecture education in crisis and detached from the profession?

“Architectural education is once again under attack. The RIBA want to reform it to death,
and a large section of the profession thinks that educators are failing in (their) sole task:
to train students for practice.” S. Griffiths.

This topical subject matter has triggered several articles in architectural journals of late,
and many heated discussions around the office printer. To capitalise on the momentum
and give employees the opportunity to voice their opinions, your practice are holding a
lunchtime debate to discuss. As the most recently qualified member of the team, they
ask you to put together some notes to present at the debate.

Put together a bullet point list for both sides of the argument, then provide a clear
and reasoned opinion either supporting or disagreeing with the statement, backing
up your decision with evidence (experience, examples, etc.).
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University of Portsmouth
School of Architecture
Final Examination in Professional Practice (Part 3) Architecture 2019
UNIT 702 Examination - Practice Management, Law and Contract
______________________________________________________________________________________________

SECTION 2 - Clients, users and delivery of services

Answer 1 question from this section.

Question 2.1

Project: Conversion of basement into staff accommodation, The Stuffed Ptarmigan,

Gorgetown

The office phone line is hot this week. You receive a call from a potential client who
owns a local restaurant. It is within a historic building in the city centre and adjoins shops
and offices. He would like drawings for converting the existing basement storage into
staff accommodation and has a team of builders ready to start work in 8-12 weeks. He
wants to do the minimum work possible and is aiming to just carpet the floors, paint the
ceilings and put up timber and plasterboard partitions. He informs you that the basement
includes the boiler room, there are areas of very low head height where the floor will
need to be excavated, and that some walls need to come out.

Draft a letter to the client to arrange an initial meeting. Highlight within the letter
the pertinent issues that will need to be discussed and agreed before your
appointment, and advise the client about other consultants he may need to
appoint, and any statutory undertakings.

Question 2.2

With new members of staff it seems a good time to look at how the office manages CPD.
Last week, the talk on wall coverings was only bearable because of the free sandwiches.
Also, there has been no time to develop a formal marketing strategy and the partners
feel it appropriate in the current climate to use any means available to promote the
practice. Perhaps the two could be usefully linked? You are duly appointed CPD and
marketing organiser.

Outline a suitable marketing strategy for the practice, and make suggestions for a
CPD plan that will enliven the office and possibly contribute to marketing.

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University of Portsmouth
School of Architecture
Final Examination in Professional Practice (Part 3) Architecture 2019
UNIT 702 Examination - Practice Management, Law and Contract
______________________________________________________________________________________________

SECTION 3 - Legal framework and processes

Answer 1 question from this section.

Question 3.1

Project: Veteran Boat House/Recovery Centre, West Itchenor, Chichester Harbour

Having been heavily involved in the successful bid for the Veteran Boat House project,
the partners are keen for you to now run the project through to completion. The next
stage is to undertake a thorough feasibility of the site and surrounding area. It is
important that all site constraints in terms of development, construction and other
legislation are considered so that the practice can advise the clients appropriately,
especially with a confined budget. You also need to consider how you might engage with
any consultative bodies. All these matters have the potential to impact upon programme,
cost and quality.

With reference to the site plan (page 4) showing the various features and
surrounding buildings, provide notes for an internal project risk assessment
detailing the issues that need to be taken into account and their likely impact on
the project, and consider who you might consult through the various design
stages.

Question 3.2

Project: Student Accommodation, Porthampton

The project for the student accommodation scheme is progressing well, and you are
about to make a pre-application submission when you receive an email bulletin from the
Local Planning Authority. It seems that Porthampton LA are keen to adopt a forward
thinking approach to access and inclusion in the built environment. Thus, in order to
have a more informed pre-application process you review the proposals to make sure
your designs are inclusive.

Draft brief notes ready for a discussion with the design team and client about
access and inclusion, making reference to the legislation that governs inclusive
design.

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University of Portsmouth
School of Architecture
Final Examination in Professional Practice (Part 3) Architecture 2019
UNIT 702 Examination - Practice Management, Law and Contract
______________________________________________________________________________________________

SECTION 4 - Practice and Management

Answer 1 question from this section.

Question 4.1

Although Quore Architects for have been relatively successful in securing work thus far,
they have just lost out on a key project on a fee bid, having been severely undercut. The
partners want you to review the methodology for fee proposals, and have given you
access to the office files.

What are the most significant factors to be considered by the practice when
negotiating fees with a client? How would you go about delivering an hourly time
charge for the various members of staff and what mechanism would you use, and
in what circumstances would time charges be appropriate?

Question 4.2

The practice currently works from 9am until 5.30pm. Two members of staff have
requested more flexibility in their working hours due to family commitments. The practice
is also considering taking on a part-time architect who is a single parent. This has led to
a review of office policy with potential changes, including the possibility for people to
work from home on occasion.

Discuss the issues of flexible working hours and the potential for staff to work
from home from the point of view of both staff and employer. What piece of
legislation governs the above issues, and what are employees entitled to under
the Act?

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University of Portsmouth
School of Architecture
Final Examination in Professional Practice (Part 3) Architecture 2019
UNIT 702 Examination - Practice Management, Law and Contract
______________________________________________________________________________________________

SECTION 5 - Building Procurement

Answer 1 question from this section.

Question 5.1

Project: Veteran Boat House/Recovery Centre, West Itchenor, Chichester Harbour

The contractor, who up until now has been extremely diligent and obliging, suddenly
becomes much more commercial. His last application for payment was disputed as there
is a disagreement regarding the quality of work done on the training rowing pool, and the
certificate you prepared authorised a lower sum. You have also not yet dealt with their
claim for an Extension of Time, to cover extra work related to the foundations and late
changes in the finishes, which was sent to you some 8 weeks ago. The contract
completion date is imminent and the contractor has now issued a notice of adjudication
after writing a letter of complaint to the clients. At a meeting with the clients, they now
consider all the problems to have arisen because of your mishandling of the project, and
demand you deal with the response to the adjudication. They are not willing to appoint a
solicitor and expect you to charge no extra fees for this work.

How will you respond to this situation? Draft notes that will form the basis of a
letter to your clients responding to the issues and advising them as to how the
matter should be handled.

Question 5.2

Project: Student Accommodation, Porthampton

The Contractor has been appointed and the practice has now been ‘switched’ to the
Contractor for the remainder of the project. At the first team meeting, the Contractor
makes it clear he does not want to have defects to deal with after Practical Completion.
Thus he asks you to review the detailed design and identify any risks posed by the
proposed details, and such details identified must be changed to a more durable
solution. He makes you responsible for the co-ordinated design, and also requires you,
at the end of the build, to carry out a snagging list, and then issue a Certificate of
Practical Completion, which he will forward to the Employer. When reviewing the project
in the office later, you realise that the Employers Requirements asked for an acoustic
floor over the entrance lobby, however this has not been included in the Contractor’s
Proposals. You have concerns on all of these matters.

Discuss the above and explain how you would respond to your employer.

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University of Portsmouth
School of Architecture
Final Examination in Professional Practice (Part 3) Architecture 2019
UNIT 702 Examination - Practice Management, Law and Contract
______________________________________________________________________________________________

End of the Exam.

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