UNIT 2A (Professional Responsibilities and Liabilities of the Architects, and

Conditions of Engagement)
Q0. Discuss the role applicable to an architect (both in practices or employment) specially
directed towards other architect (brother professionals) in the profession

Refer to Architects (Professional Conduct) Regulations, 1989 (covered in Unit 1B)

Q1. What is the professional responsibility of an architect and ethics of his profession related to
his clients

(Refer to Conditions of Engagement - EXECUTION OF THE ASSIGNMENT)

9.01 The Architect shall keep the Client informed about the progress of work in his office.

9.02 The Architect shall appoint specialised consultants in consultation with the Client, if necessary.

9.03 The Architect shall be responsible for the direction and integration of the consultants work.
The consultants, however, shall be fully responsible for the calculations, the detailed design and
periodic inspection and evaluation of the work entrusted to them. The Architect shall, if requested,
make available the design calculations. 9.04 The Architect will advise the Client on the broad Time
Schedule for implementation of the project.

9.05 The Architect shall supply to the Client, free of cost, upto six sets of drawings at different
stages. 9.06 The Architect shall not make any deviations, alterations or omissions from the approved
drawings, involving financial implications without prior consent of Client. 9.07 Any professional
services to be rendered by the Architect at the instance of the Client after the agreed project
completion period shall be compensated for on mutually agreed terms.

9.08 The Architect shall exercise all reasonable skill, care and diligence in the discharge of his duties
and shall exercise such general superintendence and inspection as may be necessary to ensure that
works are being executed in accordance with the Conditions of Contract. 9.09 Any revision in the
drawings, tenders and documents, once approved, required to be made by the Client shall be
compensated as additional services rendered by the Architect and paid for @ 50% of the fee
prescribed for the relevant stage(s). 9.10 No change shall be made in the approved drawings and
specifications at site without the consent of the Architect.

9.11 Any curtailment of the professional services, beyond Stage 2b, shall make it obligatory for the
Client to pay at least 20% of the fee for the remaining stage(s) of the curtailed work/ services.

Q2. What is the scope of work for an architect is an educational institute building?

(Refer to Conditions of Engagement)

1.1 Taking Client’s instructions and preparation of design brief. 1.2 Site evaluation, analysis and
impact of existing and / or proposed development on its immediate environs. 1.3 Design and site
development. 1.4 Structural design. 1.5 Sanitary, plumbing, drainage, water supply and sewerage
design. 1.6 Electrical, electronic, communication systems and design. 1.7 Heating, ventilation and
air conditioning design (HVAC) and other mechanical systems. 1.8 Elevators, escalators, etc. 1.9
Fire detection, Fire protection and Security systems etc. 1.10 Periodic inspection and evaluation of
Construction works

Q3A. Discuss the responsibilities and liabilities of the architect under condition of engagements
(both in practices or employment)

or

Q3B As per Architects Act define the followings : (any four)

i) Professional negligence; ii) Deficient Service; iii) Professional liabilities; iv) Nature of liability

1.0 Professional Duties of Architect:

1.1 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.

1.2 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.

1.3 Duty of care: It means duty to exercise utmost skill and care. When an architect offers
professional advice/architectural services, implicitly undertakes that he is possessed of the
knowledge and skill for the purpose. Thus, an architect shall bring to his task a reasonable degree of
knowledge and skill and must exercise a reasonable degree of care.

1.4 Duties: The duties that are required to be performed by an architect for various types of projects
have been prescribed by the Council of Architecture under the Conditions of Engagement and Scale
of Charges for respective areas in the field of architecture. The documents stipulate the parameters
within which the Architect is required to function. However, the Conditions of Engagement and
matters related therewith for a given project shall be carried out in accordance with the terms and
Conditions of Agreement executed between the Client and the Architect.

4.0 Professional Negligence:

4.1 Negligence: “Negligence” of an architect means failure to take reasonable degree of care in the
course of his engagement for rendering professional services.
4.2 Deficient Service:

4.2.1 “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.

4.2.2 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.

6.0 Professional Liabilities:

6.1 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.

6.2 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.

6.3 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.

7.0 Nature of Liability:

An architect is liable for the negligent act which he committed in the performance of his duties. The
action against an architect can be initiated by the Client on satisfying the following conditions :

(a) There must exist a duty to take care, which is owed by an architect to his client.

(b) There must be failure on the part of an architect to attain that standard of care prescribed by
law, thereby committed breach of such duty; and

(c) The client must have suffered damage due to such breach of duty.

Q4. Mention at least (five) reasons for which an Architect is not liable for any liability for the
damage the building construction under has / her design and supervision.

Under Architect’s Professional Liability -

An architect is not liable for any liability, if the damage to the building has occasioned in the
following circumstances :

4.3.1 Use of building for the purposes other than for which it has been designed.
 4.3.2 Any changes/ modifications to the building carried out by the owner(s)/occupant(s) without
the consent or approval of the architect who designed and/ or supervised the construction of the
building.

4.3.3 Any changes/alterations/modifications carried out by consulting another architect without the
knowledge and consent of erstwhile architect or without obtaining No Objection Certificate from
him.

4.3.4 Illegal/unauthorised changes/alteration/ renovations / modifications carried out by the

4.3.5 Any compromise with the safety norms by the owner(s)/ occupant(s).

4.3.6 Distress due to leakage from terrace, toilets, water logging within the vicinity of the building
and that would affect the strength/stability of the structure or general well-being.

4.3.7 Lack of periodical maintenance or inadequate maintenance by the owner(s)/occupant(s).

4.3.8 Damages caused due to any reasons arising out of ‘specialised consultants’ deficient services
with regard to design and supervision of the work entrusted to them, who were appointed/ engaged
in consultation with the Client.

4.3.9 Damages caused to the building for the reasons beyond the control of the architect.

Q5. Distinguish between arbitration, mediation and conciliation. Discuss the role of Council of
Architecture in resolving disputes

15. ARBITRATION : All disputes or differences which may arise between the Client and the Architect
under “Conditions of Engagement and Scale of Charges” with regard to the meaning or
interpretation or matter or things done or to be done in pursuance hereof, such disputes and
differences shall be referred for arbitration to the Council of Architecture. The arbitrator shall be
appointed by the President, Council of Architecture. The arbitration shall be conducted as per the
provisions of the Arbitration and Conciliation Act, 1996. The decision and award of the arbitrator
shall be final and binding on the Architect and the Client.

http://www.mediate.com/articles/sgubinia2.cfm

Arbitration – power of decision with arbitrator, both parties agree before hand

Conciliation – power of decision with parties, but solution offered by impartial arbitrator

Mediation – power of decision and as well as solution with the parties, with the help of a mediator

(More information about the 1996 Act at

(The 2015 amendment brought to the 1996 Act is certainly a positive step towards making
arbitration expeditious, efficacious and a cost effective remedy. The new amendments seek to curb
the practices leading to wastage of time and making the arbitration process prohibitively a costly
affair. The new law also makes the declaration by the arbitrator about his independence and
impartiality more realistic as compared to a bare formality under the previous regime. Making the
arbitrator responsible for delay in the arbitration proceedings, for the reasons attributable to him,
would ensure that the arbitrators do not take up arbitrations, which are beyond their capacities.
Such a deterrent would imbibe self-discipline and control amongst the arbitrators. It can be said that
the present amendments certainly travel an extra mile towards reducing the interference of the
Court in arbitration proceedings that has been a consistent effort of the legislature since passing of
the 1996 Act.

Q6. What is the scale of charges of a Housing Project? Discuss the payment schedule as per the
stage of work

Scale of charges for Housing -

i) Single Block Housing and sites upto 0.5 hectare : 5 Percent on the cost of works assigned. ii) For a
site more than 0.5 hectare and upto 2.5 hectares: 3.5 Percent on the cost of works assigned. iii) For
a site more than 2.5 hectares and upto 5 hectares : 2.5 Percent on the cost of works assigned. iv) For
a site more than 5 hectares : 2 Percent on the cost of works assigned. v) Individual House : 7.5
Percent on the cost of works assigned.

Note : The fees payable in marginal cases in respect of clauses (iii) to (v) shall not be less than the
maximum fee payable in their respective preceding clauses.

Q7. Write down notes on the following: a) Copy right b) Mode of payment

12. OWNERSHIP OF COPYRIGHT : Architectural design is an intellectual property of the Architect. The
drawings, specifications, documents and models as instruments of service are the property of the
Architect whether the project, for which they are made, is executed or not. The Client shall retain
copies of the Architect’s models, drawings, specifications and other documents for his information
and use in connection with the project. These shall not be used for any other project by the Client or
the Architect or any other person, except for the repetition as stipulated in the Scale of Charges.

Mode of Payment is Payment by Owner to Contractor, covered in TENDER DOCUMENTS (Stage 4

Ref: WORKING DRAWINGS AND TENDER DOCUMENTS [STAGE 4] :

2.08 Prepare working drawings, specifications and schedule of quantities sufficient to prepare
estimate of cost and tender documents including code of practice covering aspects like mode of
measurement, method of payments, quality control procedures on materials & works and other
conditions of contract.

Q8A. Define the following : (any three)

i) T.D.S. – Tax Deduction at Source is tax deducted from Architect’s income by the Builder/
Owner/Client.
ii) Professional – Professional tax is the tax by the state governments in India. Anyone earning an
income from salary or anyone practicing a profession such as chartered accountant, company
secretary, lawyer, doctor etc. are required to pay this professional tax.

iii) P.A.N. - Permanent Account Number (PAN) is a code that acts as an identification for Indian
nationals, especially those who pay Income Tax. It is a unique, 10-character alpha-numeric identifier,
issued to all judicial entities identifiable under the Indian Income Tax Act, 1961.

iv) Service Tax - Service tax is a tax levied by Central Government of India on services provided or to
be provided excluding services covered under negative list

Q8B Discuss the role of at least two other consultants in any architectural project.

Structural Consultant, and MEP Consultant

1.4 Structural design.

1.5 Sanitary, plumbing, drainage, water supply and sewerage design. 1.6 Electrical, electronic,
communication systems and design.

1.10 Periodic inspection and evaluation of (their respective) works.