Design For Excellence and Contracting Design

Designing for Excellence & Contracting Design
ARCH403-lessson 5&6
DESIGNING FOR EXCELLENCE & CONTRACTING DESIGN
DESIGNING FOR EXCELLENCE
Can be defined as Inspiring sustainable, resilient, and inclusive design
Design Excellence is a term used to describe a variety of requirements intended to lift design
quality
Architects work within a given set of parameters to solve complex design problems, good
architects approaches these tasks with enthusiasm and preference to exceed expectations, in
looking for opportunities to exercise creativity and promote innovation in the built environment
while delivering optimal tangible value thus the making of an excellent Architect.
The world today is facing broad and complex challenges that threaten every aspect of our lives.
The architect's call to protect the health, safety, and welfare of the public has a new and
broader meaning amid challenges such as increasing climate extremes and social inequity.
Architects everywhere must recognize that our profession can harness the power of design to
contribute to solutions addressing the most significant needs of our time. Every project can be
used as a platform for addressing big problems and providing creative solutions. Every line
drawn should be a source of good in the world.
1.01. Whole Building Design Goals (WBDG) design objectives are all significantly important:
 Accessible,
 Aesthetics,
 Cost-Effective,
 Functional/Operational,
 Historic Preservation,
 Productive,
 Secure/Safe, And
 Sustainable
Their interrelationships must be understood, evaluated, and appropriately applied to a project

to create a high-performance building. Yet each is just one aspect of a truly successful project,
in which project goals are identified early in the process and the interdependencies of all
building systems and materials are coordinated, from the planning and programming phase
through operations and maintenance. Each design objective is as highlighted below.
i). Accessible
Pertains to building elements, heights and clearances implemented to address the specific
needs of disabled people, that is;-
 Provide Equal Access and Flexibility

 Best Practices for Accessibility Compliance
 Accessibility Standards and Guidelines
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 History of Accessible Facility Design

 Beyond Accessibility to Universal Design
 Universal Design and Health
ii). Aesthetics
Pertains to the physical appearance and image of building elements and spaces as well as the
integrated design process.
 Understanding the Language and Elements of Design

 Engage the Integrated Design Process
 Design Awards
iii). Cost-Effective
Pertains to selecting building elements on the basis of life-cycle costs (weighing options during
concepts, design development, and value engineering) as well as basic cost estimating and
budget control that is;-
 Utilize Cost and Value Engineering Throughout the Project Life Cycle
 Use Economic Analysis to Evaluate Design Alternatives
 Consider Non-Monetary Benefits such as Aesthetics, Historic Preservation, Security, Safety,
Resiliency, and Sustainability
iv). Functional / Operational
Pertains to functional programming—spatial needs and requirements, system performance as

well as durability and efficient maintenance of building elements.
Related topics:
 Account for Functional Needs

 Ensure Appropriate Product/Systems Integration
 Meet Performance Objectives
v). Historic Preservation
Pertains to specific actions within a historic district or affecting a historic building whereby
building elements and strategies are classifiable into one of the four approaches: preservation,
rehabilitation, restoration, or reconstruction.
Related topics:
 Apply the Preservation Process Successfully

 Update Building Systems Appropriately
 Accommodate Life Safety and Security Needs
 Provide Accessibility for Historic Buildings
 Sustainable Historic Preservation
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vi). Productive
Pertains to occupants' well-being—physical and psychological comfort—including building

elements such as air distribution, lighting, workspaces, systems, and technology.
Related topics:
 Integrate Technological Tools

 Assure Reliable Systems and Spaces
 Design for the Changing Workplace
 Promote Health and Well-Being
 Provide Comfortable Environments
vii). Secure / Safe
Pertains to the physical protection of occupants and assets from man-made and natural
hazards.
Related topics:
 Fire Protection
 Occupant Safety and Health
 Natural Hazards Mitigation
 Security for Building Occupants and Assets
viii). Sustainable
Pertains to incorporating into design the environmental performance of the building elements
and strategies.
 Optimize Site Potential

 Optimize Energy Use
 Protect and Conserve Water
 Optimize Building Space and Material Use
 Enhance Indoor Environmental Quality (IEQ)
 Optimize Operational and Maintenance Practices
1.02. Challenges that impacts Architectural design excellence.

i. The Social Sharing Effect- With the constant media feed that now occupies our multiple
screens, it’s pretty much impossible not to see the same things your coworkers or
classmates see; and equally impossible not to subconsciously incorporate someone
else’s idea into your own. The problem is that if everyone does this, it becomes hard to
avoid similarities between projects and presentations.
ii. New Technological Challenges. - New technology that is evolving at an exceptional rate
can be intimidating – many of the things you learn will soon be outdated. Yet it's
important for some to take the challenge to step out of his or her comfort zone and into
this sometimes-ungraspable field of new architectural technology. Using the new
techniques as they constantly pop up, and more importantly, combining these new
techniques with age-old tools, is a way to explore largely uncovered ground.
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iii. Geographical Limitations. - Staying within one’s home country throughout one’s
education and maybe even professional life, can be a very comfortable, safe option to
take. The effect that this has on your originality, though, is less than comforting;
fortunately, exchange between cultures is becoming a more common design approach
around the world, allowing us to learn from one another.
iv. Material Limitations- Despite the specific contextual parameters that come with
encoding and programming building design, architecture created in this way has
somehow managed to all blend into a single idea of what parametric buildings can be.
Mixing up methods and materials used for different steps in a design process could add
a breath of fresh air; instead of using technology to come up with form and sticking to
the use of traditional materials, try form finding with old building techniques and
experiment with the material components.
v. Becoming Attached to Ideas - Kill your darlings" is something every person along the
architecture journey has heard before, It’s hard not to get attached to a design you’ve
been working over in your mind, practically lived in and convinced yourself is the best
way to go. Unfortunately, innovation rarely comes out of that one great idea; many of
the most successful people in history have had many failures along the way before
succeeding.
Generating more ideas will statistically give you a higher chance for getting it just right.
The struggle between quality and quantity, especially when pressed by time and money,
is possibly one of the biggest barriers stopping architects from achieving originality. One
possible way to try to overcome this is to, for example, take part in competitions on a
regular basis. This will allow for a large quantity of ideas to be generated, slowly building
up experience that can be used as a resource to come up with original designs in the
future.
vi. Industry Specialization- Specialization in modern society is another factor playing against
originality. In the past there were "Renaissance Men" like Leonardo da Vinci, who
essentially knew a lot about a lot, in part because there was less information to acquire
but also because up until recently, it was ordinary to fully follow an idea through into
production. In other words, one does not require very much external knowledge to come
up with something new and unique. In current times, specialization has ensured that for
every new creation, there are multiple industries with different sets of relevant
knowledge.
Alternatively, you as an Architect need to extend your social circle to include people
who are already knowledgeable in these fields; people who feel the same way about
construction and design as you do, such that idea generation and communication is as
unrestricted as possible. Finding a good team can lead you a long way.
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vii. Image Culture- Our modern image-based culture has turned the process of architectural
design into one of the creations of beautiful objects, and the danger of this is that
architects can work towards creating that beautiful object instead of prioritizing the
requirements of the design itself, resulting in a very open-ended design process. Let’s not
forget that restrictions foster creativity – so create restrictions for you as an Architect.
Writing down a set of values that you hold as an architect, a set of values that your
buildings should achieve, can force you to uphold requirements in decision-making
situations that your architecture must comply with. Creating something that is so closely
tied to your values as an architect and a human being will undoubtedly help you work
towards creating something as individual as yourself.
1.03. Design Excellence principles
The Framework for Design Excellence represents the defining principles of good design in the
21st century. Comprised of 10 principles and accompanied by searching questions, the
Framework seeks to inform progress toward a zero-carbon, equitable, resilient, and healthy built
environment. These are to be thoughtfully considered by designer and client at the initiation of
every project and incorporated into the work as appropriate to the project scope. The
Framework is intended to be accessible and relevant for every architect, every client, and every
project, regardless of size, typology, or aspiration.
The Framework for Design Excellence challenges architects with a vision of what the profession
strives to achieve, the toolkit provides practical resources to help all architects achieve the
vision.
Framework/Principles for Design Excellence:
i. Design for Integration
Good design elevates any project, no matter how small, with a thoughtful process that delivers
both beauty and function in balance. It is the element that binds all the principles together with
a big idea.
 What is the concept or purpose behind this project, and how will the priorities within the nine
other principles inform the unique approach to this project?
 How will the project engage the senses and connect people to place?
 What makes this a project that people will fight to preserve?
 What design strategies can provide multiple benefits across the triple bottom line of social,
economic, and environmental value?
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The designer need to focus on

 Central design and performance concept- Performance-based design is founded on the
premise that Architectural building systems must meet specific performance objectives.
Performance-based design reverses the design process by defining the end goal as the
design commencement stage. The designer need to engage creativity and innovation
employing science and principles, to identify optimal solutions to multiple, and sometimes
competing, objectives, to ensure this strategy is met, the design is completed by
demonstrating complying performance through analysis, simulation, testing, or a
combination thereof.
 Connections with place, climate, culture, and people - Connecting People, Place and
Design examines the human relationship with place, how its significance has evolved over
time and how contemporary systems for participation shape the places around us in our
daily lives. The designer need to examine human relationships with place, then explores how
that conceptual architecture has changed and evolved in its significance over time, this will
be achieved by collecting data or consulting different persons s to establish ways of living
together, to describe their concerns and what matters to them, is part of the ongoing
process of designing a future together.
 Beauty and delight - It states that the personality of a building as exhibited in individual
traits is what we find delight in, as humans tend to personify things they interact with. Through
the complexity of traits and human interactions there is the potential for continued discovery
and delight.it is evident that physical space in which design principles align with
persons/occupants’ core cultural values can positively impact their mood and morale, that
is by Integrating aesthetically pleasing elements into a space that helps building occupants
derive a measure of comfort or joy from their surroundings. The incorporation of design
elements and artwork to a space can create a calming environment able to improve
occupant mood.
 Integrated design process - The Integrated Design Process (IDP) is a method for realizing high
performance buildings that contribute to sustainable communities. Also can be termed as a
collaborative process that focuses on the design, construction, operation and occupancy of
a building over its complete life-cycle. Design integrated process is achieved by making use
of design softwares that works together, design workflows can be streamlined for improved
productivity, management and collaboration, resulting in better project outcomes, and
when combined together, an integrated workflow is created that helps ensure that project
goals such as budget and time targets are met.
In summary the designer should consider, designing a building to lift the spirits and delight the
senses; designing for the engagement of natural and cultural environments; Use an integrated
design process that respects and values multiple viewpoints; mapping, identifying, and
engaging diverse project stakeholders throughout the integrated design process.
ii. Design for Equitable Communities

Design solutions affect more than the client and current occupants, good design positively
impacts future occupants and the larger community, that is
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 What is the project's greater reach? How could this project contribute to creating a diverse,
accessible, walkable, just, and human-scaled community?
 Who might this project is forgetting? How can the design process and outcome remove
barriers and promote inclusion and social equity, particularly with respect to vulnerable
communities?
 What opportunities exist in this project to include, engage, and promote human
connection?
 How can the design support health and resilience for the community during times of need or
during emergencies?
The Designer should focus on

 Extending reach beyond projects- Designers to focus their concepts to take into account
diverse demands of persons in the community as a whole and incorporate facilities that will
offer easier accessibility to all personalities mostly the disadvantaged groups.
 Social justice, equity, diversity, and inclusion- The moral or social justice case asserts that
each person has value to contribute, and that designers must address barriers and historical
factors that have led to unfair conditions for marginalized populations.
 Community engagement and gathering – Designers need to work with community groups to
solve problems affecting their well-being. In terms of architecture, it means the inclusion of
the users in design procedure and partnership with non-professionals.
 Community resilience - Resilient design is the intentional design of buildings, landscapes,

communities, and regions in order to respond to natural and manmade disasters and
disturbances as well as long-term changes resulting from climate change including sea level
rise, increased frequency of heat waves, and regional drought by taking into consideration
of the following;-
 Robustness- the ability to maintain critical operations and functions in the face of crisis.
 Resourcefulness- the ability to skillfully prepare for, responses to and managing a crisis or
disruption as it unfold. This includes identifying courses of action and business continuity
planning; training; supply chain management; prioritizing actions to control and mitigate
damage; and effectively communicating decisions.
 Rapid recovery- the ability to return to and/or reconstitute normal operations as quickly
and efficiently as possible after a disruption
 Redundancy- ensuring that there is back-up resources to support the originals in case of
failure that should also be considered when planning for resilience.
 Mobility and access - Inclusive design looks for solutions that fit everyone, for instance
designing a building to incorporate wide stairs and wheelchair ramp, which are have an
attractive slope and barrier-free. The designed building should have an accessible entrance.
A common and easy solution providing ramp at the entrance to a building design, the ramp
is to create better mobility and promoting more independence by allowing everyone equal
ease of access to the interior space of the building. Thus all buildings need to be designed to
meet the needs of people with differing physical abilities.
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In summary the designer should consider working to create thriving communities, planning for
robust stakeholder engagement, facilitate equitable gathering and connecting in the design
and beyond buildings in the community, and organizing the design team so that disciplines
integrate and are not siloed.
iii. Design for Ecosystems/land conservation
Good design mutually benefits human and nonhuman inhabitants.
 How can the design support the ecological health of its place over time?
 How can the design help users become more aware and connected with the project’s
place and regional ecosystem?
 How can the design build resilience while reducing maintenance?
 How is the project supporting regional habitat restoration?
With Ecological Building, the designer acknowledges that humans can play an integral,
beneficial role in improving and sustaining the health and vitality of their local ecology, and the
same can be achieved by designer focusing on;-
a. Understanding the natural environment: Understanding the natural environment is the first
step towards achieving a nature integral design. It entails understanding nature’s
environmental activities, the Ecosystem and its actions and reactions that will relate to
building designs. The constant use of such analytical processes that determine and
define functions of building designs and its corresponding effect to the immediate and
distant environment should not be neglected. These procedures like the environmental
conservation, environmental impact assessment, integrated assessment etc., which are
normally undertaken for individual projects such as dams, motorways, airports or factories
should be broadened to include damage assessment, ecological replacement systems
or ecology integration solution for smaller project designs like commercial and residential
buildings
b. Integrating designs with nature by ecological replacement or ecological

integration: Building designs and construction take up natural foliage spaces or natural
landforms. These natural landforms or foliage that supports some useful ecological
organisms should be replaced systematically in order to ensure resuscitation of displaced
plants and organisms which are also necessary for an ecological balance. The
percentage of replacement may depend on the function of the structure or architecture
and also on the construction techniques employed; such replacements will enhance the
energy efficiency and overall thermal and environmental comfort of the area involved.
Thus designing with nature entails managing the three basic nature-resources of air, land
and water. This also involves utilizing design elements and ideas that will make best use of
natural resources and their extended influences that may be human friendly or
otherwise. Careful consideration is needed in the choice of topography and terrain and
the management of climate and energy.
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c. Orientation and choice of building site: Designing with nature begins with an intimate
understanding of place. With active sensitivity to the nuances of place, we can inhabit
without destroying it, be it a plain, undulating or steeply terrain, the landform is to be
carried along in the design concept. A careful design plan and construction technique
will see to less damage to the topographical structure of the building site. Understanding
place helps determine design practices such as solar orientation of a building on the site,
designing with existing topography pattern and finally the preservation of the natural
environment, whether the design site is a building in the inner city or in a more natural
setting, connecting with nature brings the designed environment back to life. Thus it is
evident that choice of building orientation can make best use of the natural conditions
of a place to achieve the desired thermal comfort with or without a combined use of
other sustainable energy sources like the solar photovoltaic or the wind
energy generators.
d. Designing with climate: A Climate integrated design is a strategy that seeks to take
advantage of the positive climate attributes of a particular location, while minimizing the
effects of attributes that may impair comfort or increase energy requirements. A climate
integrated design should consider the following aspects.
 Understanding climatic zones and microclimates,
 Understanding the basic physiology of human thermal comfort,
 Control the sun to reduce loads and enhance visual comfort, Use thermal mass to
improve comfort and efficiency,
 Utilization of the local winds and breezes as much as can be harnessed for improved
comfort.
 Effective choice of material and design technique for optimized results.
In summary the designer should consider Developing a project-specific indexing framework that
assesses attributes of the surrounding predevelopment, quantitatively and qualitatively;
designing landscaping composed of 100% native plantings, especially species that attract
pollinators. Avoid all decorative turf grass; integrating bird collision deterrent design strategies;
creating natural nighttime habitat conditions by eliminating unnecessary artificial light and
sounds while no humans are present.
iv. Design for Water
Good design conserves and improves the quality of water as a precious resource.
 How does the project use water wisely, addressing efficiency and consumption while
matching water quality to appropriate use?
 How can the project’s water systems maintain function during emergencies or disruptions?
 How does the project handle rainfall and stormwater responsibly?
 How does the project contribute to a healthy regional watershed?
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Strategy – Water Conservation
a. Indoor Water Efficiency Utilizing water-efficient plumbing fixtures

b. Design for dual plumbing
c. Collecting rain water
d. Employ re-circulating systems
e. Designing low-demand landscaping
f. Pressure reduction
With the fast development of the global economy, depletion of water resources is becoming
an environmental issue of the utmost concern worldwide. The United Nations World Water
Development Report (WWDR) indicates that water for all our uses is becoming scarce and is
leading to a water crisis. The effects a sector can have on the environment are nowhere more
apparent than in the building industry. Building construction and its operations draw heavily on
water from the environment; growth in urban water use has caused a significant reduction of
water tables and necessitating large projects that siphon supplies away from agriculture the
designer/Architect should incorporate in their design water conservation technologies and
strategies that are:
a. Indoor Water Efficiency Utilizing water-efficient plumbing fixtures such as ultra-low flow
toilets and urinals, waterless urinals, low-flow and sensored (infra-red) sinks, low-flow
showerheads, and water-efficient dishwashers and washing machines, to minimize
wastewater.
b. Process of water reuse-Design for dual plumbing to use recycled water for toilet flushing
or a gray water system that recovers rainwater or other non-potable water for site
irrigation. Gray water is produced by activities such as hand washing, and does not
need to be treated intensively as sewage. It can be recycled in a building to irrigate
ornamental plants or flush toilets.
c. Rain and Storm water Management -Collecting rainwater using rainwater and grey
water storage for irrigation greatly reduces the consumption of treated water.
Rainwater can also be used for household applications including drinking water. In fact,
people in many regions of the world have traditionally relied on harvested rainwater for
their water supply.
d. Employ re-circulating systems for centralized hot water distribution, which conserve water
which is typically wasted by users while waiting for warm water to flow from a warm water
faucet.
e. Outdoor water Reduction; Designing low-demand landscaping using plants native to
the local ecosystem also reduces water consumption on site, since these plants have
been adapted to the local rainwater levels, thus eliminating additional watering. The
efficiency of water can also be improved by means of underground drip irrigation
systems, which reduces water loss caused by evaporation of surface water during
watering or after rain.
f. Pressure Reduction- as flow rate is related to pressure, the maximum water flow from a
fixture operating on a fixed setting can be reduced if the water pressure is reduced. For
example, a reduction in pressure from 100 pounds per square inch to 50 psi at an outlet
can result in a water flow reduction of about one-third.
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v. Design for Energy
Good design reduces energy use and eliminates dependence on fossil fuels while improving
building performance, function, comfort, and enjoyment.
 How can passive design strategies contribute to the project’s performance and form?
 How can the project exceed building code efficiency standards to approach net zero
energy and net zero carbon?
 Can the project be powered by clean, renewable energy sources?
 How can the project provide for continuous performance improvements over its lifetime?
Strategy – Energy Conservation

a. Choice of materials and construction methods
b. Insulating building envelope
c. Design for energy efficient deconstruction and recycling
d. Design for low energy intensive transportation
e. Developing energy efficient technological process
f. Use of passive energy design
Energy use is one of the most important environmental issues and managing its use is inevitable
in any functional society. Buildings are the dominant energy consumers. The kind and amount
of energy use during the life cycle of a building material, right from the production process to
handling of building materials after its end life can, for example, affect the flow of greenhouse
gases (GHGs) to the atmosphere in different ways over different periods of time. Their
consumption can be largely cut back through improving efficiency, which is an effective
means to lessen greenhouse gas emissions and slow down depletion of nonrenewable energy
resources.
With this realization, increasing more attention is being paid to the improved energy
conservation in building sector over the years and this can only be achieved by excellent
design, as the sector harbours a considerable potential of primary energy saving and
reduction of emissions, having a negative impact on the environment. Therefore the main goal
in energy conservation is to reduce the consumption of fossil fuels, as well as increasing the use
of renewable energy sources and same can be achieved by the designer taking into
consideration of the following;-
a. Choices/specification of materials and construction methods are important to reduce

energy consumption of a building through reduced solar heat gain or loss, thus
reducing air-conditioning loads. Choosing materials with low embodied energy will help
to reduce energy consumed through mining, processing, manufacturing and
transporting the materials. For instance, aluminium has a very high embodied energy
because of the large amount of electricity consumed to mine the raw material. True
low energy building design will consider this important aspect and take a broader life
cycle approach to energy assessment.
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b. Insulating the building envelope is the most important of all energy conservation
measures because it has the greatest impact on energy expenditure. A well designed
and installed insulation can reduce the amount of heat lost through the building
envelope by at least half. Draughts and heat loss will be eliminated with an air-tightness
strategy, where existing vents and chimneys will be blocked, floors and ceilings will be
insulated, and walls will be coated with modified plaster. Heat recovery in high
temperature areas such as kitchens and bathrooms, will achieve optimum energy
efficiency through a mechanical ventilation unit that takes heat from these areas and
uses it elsewhere in the house.
c. Designing for energy efficient deconstruction and recycling of materials cut energy
consumption in manufacturing and save on natural resources. Buildings designed for
deconstruction will include the disentanglement of systems, and reductions in
chemically disparate binders, adhesives or coatings—or thermal/chemical/mechanical
means to better separate constituent materials, that l include a construction blueprint
and also a deconstruction blueprint. Most importantly, buildings that facilitate reuse and
recycling will use non-hazardous materials, bio-based materials, high quality and highly
recyclable materials. Design for deconstruction offers possibilities for the design of
buildings that will close the loop of materials-use in building, and help make the
transition towards a zero-energy building industry.
d. Designing for low energy intensive transportation reduces emissions causing pollution by
affecting the amount of fuel used. The reduction of energy consumption in buildings has
little impact on the national energy consumption if the urban and rural transportation
systems waste energy. An efficient community layout that places schools, shops, and
other services close to homes and business, making it easy to get places without driving
and offering attractive bicycle and walking paths, can greatly reduce vehicle miles
travelled per household. This would in turn reduce the amount of energy needed for
transportation, while improving quality of life, even before any expenditure is made for
vehicles. Therefore the design of low energy houses should be combined with an urban
design that allows the use of public transportation and bicycles. If the cities maximize
public transportation, the use of bicycles and minimize the use of private cars the result
would be lower costs for energy and road construction, less traffic jams and less air
pollution.
e. Developing energy efficient technological processes for construction, fit out and
maintenance of buildings. A truly integrated approach to energy efficiency in building
processes would need to be instigated by the project team right from the beginning to
achieve the target energy consumption levels.
f. Use of passive energy design such as natural ventilation, landscaping by vegetation, use
of water bodies for evaporation and cooling, orientation of building, etc. can help
achieve thermal and visual comfort inside the building, so that there is significant
reduction in energy consumption by conventional air conditioning and artificial
lightning in a building. Architects and Designers can achieve energy efficiency in
buildings by studying the macro and micro climate of the site, applying solar-passive
and bioclimatic design feature and taking advantage of the natural resources on site.
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In summary the designer should consider Benchmarking and set an energy use intensity (EUI)
and/ lighting power density (LPD) goal and work towards that goal throughout the design
process; Incorporate passive design strategies based on the project’s climate and program
opportunities; Model for energy performance, iteratively, throughout the project; Establishing an
optimum window-to-wall ratio and building orientation for the project; Designing solar-ready
and all-electric buildings; Conducting post-occupancy evaluations and commissioning.
vi. Design for Economy
Good design adds value for owners, occupants, community, and planet, regardless of project
size and budget.
 How do we provide abundance while living within our means?
 How will the design choices balance first cost with long-term value?
 How can the performance of this project be improved in ways that are cost and design
neutral?
The designer to focus on
 Building size – designer to consider coming up with economical design without complicated
features and shapes, as it will ensure easier buildable design, minimal materials wastage and
non-labour intensive.
 Material use- the designer should consider specifying locally available materials for the
designed building or re-use materials from demolished building.
 Operational requirements- design to incorporate items and features that consume minimal
energy and water, that is by taking into account green design.
 Financing and incentives- Designer to take into account the financial resources of the client
and the same is to be established during design briefing stage.
 Community links-designer to consider how the designed facility/building will be more utilized
as a valuable asset to the community.
vii. Design for Well-being/Human Adaptation
Good design supports health and well-being for all people, considering physical, mental, and
emotional effects on building occupants and the surrounding community, that is .
 How can the design encourage a healthy lifestyle?
 How can the project provide for greater occupant comfort?
 How can the project be welcoming and inclusive for all?
 How can the project connect people with place and nature?
 How can material selection reduce hazards to occupants?
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Strategy 1 -Protecting Human health and comfort

 Thermal comfort
 Acoustic comfort
 Day lighting
 Natural ventilation
 Functionality
 Aesthetics
Strategy 2- Protecting Physical Resources
 Design for Fire Protection

 Resist Natural Hazards
 Design for crime prevention
Protecting Human health and comfort

Well-being (health and comfort) is an important aspect determining the quality of life of an
occupant. In a modern society, where individuals spend more than 90% of their time indoors,
and more than 70% of their time indoors at home, an essential role of architecture is to provide
occupants’ health, physiological comfort, physiological satisfaction and productivity. The
concept of health is significant for identifying the concept of a ―sustainable building design‖ in
terms of building performances (i.e., indoor air quality, thermal comfort, lighting quality and
acoustics). Many building designers have been preoccupied with style and form-making,
disregarding environmental quality and human satisfaction in and around the built
environment.
a. Thermal comfort is a key to occupant’s satisfaction and productivity. Maintaining

thermal comfort for occupants of buildings or other enclosures should be one of the
important goals of every building designer. The environmental parameters which
constitute the thermal environment are: Temperature (air, radiant, surface), humidity,
air velocity and the personal parameters: clothing together with activity level. Building
envelope considerations, such as reflective roofing, low-E windows, window tinting and
solar shading are some of the tools that enable designers to optimize thermal comfort
as well as improving energy efficiency. Siting the building according to seasonal heat
gain and use is another key to thermal comfort, as is landscaping.
b. The acoustical environment of a workspace is typically given little or no attention during
project planning and design. Acoustic comfort must be achieved by controlling
sources of noise from mechanical and electrical equipment and from sources exterior
to the building. Proper selection of windows, wall insulation and wall framing, and
materials are essential to reducing noise from outside. Some sound insulating materials,
such as acoustic ceiling tiles and straw-bale construction, can offer the advantages of
recycling and using natural materials [72,86]. Hard versus absorbent surfaces also have
a major impact on noise level inside a space. Noise elimination, control or isolation
from HVAC equipment should also be addressed through acoustic zoning, equipment
selection, construction and appropriately designed ducts, piping and electrical systems.
There may be opportunities to meet project sustainability goals in conjunction with good
acoustical design if they are considered early in the project development phase.
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c. Day lighting involves designing buildings for optimum use of natural light and provides
numerous benefits over artificial lighting. Generally it is understood to be beneficial
both to health and well-being. Maximizing good daylight in housing is therefore an
important consideration. Good daylight means levels of daylight which are sufficient to
see properly without glare or excessive contrast. Too much direct sun can actually
cause discomfort and ill health, particularly with highly reflective surfaces.
d. Natural ventilation is the process of replacing air in any space to provide high indoor
quality without the use of mechanical means. Ventilation conditions inside a space
have a direct influence on the health, comfort and well-being of the occupants.
Natural ventilation has become an important strategy in building designs. It can be
used to supply outside air, reduce odours and pollutants, and remove heat from
spaces, people and mass. Designing for natural ventilation also has potential to reduce
construction and operational costs associated with the purchase and use of
mechanical equipment, and the increased productivity of building occupants due to
improvements in the indoor environment and connection with the outdoors. The
climate suitability, window orientation and operable windows are the key factors for
natural ventilation. Examples include providing cross-ventilation to make use of wind
chimneys to induce stack ventilation, and using water evaporation systems in hot dry
climates to induce air movement. Being able to open a window, to sit in the sun or
shade and to have contact with nature appears to be key characteristics in sustainable
building design.
e. Building functionality should be planned to enable the smooth operation of the activity
for which the building is designed. The capacity of a building to absorb future functions
should be studied at the outset, in the event of an expansion, and to reduce the
additional material and building waste disposal costs. The consideration of low-
maintenance and durable constructive elements is of special importance, even where
it may not be strictly necessary in the long term.
f. Building aesthetics is a further value to bear in mind, with a view to contributing to
psychological comfort in the work and living environment. This aspect of psychological
comfort could mean pleasing architecture, visual interest, art on the walls, or natural
elements, such as a fountain, plants, or an aquarium. The effect of beauty may be
hard to measure, but it emphasizes the aesthetical requirement as a sustainable
aspect.
Protecting Physical Resources
Protecting physical resources is one of the most important principles of sustainable design and
construction. The designer has to give consideration design that incorporate building
resilience against natural and man-made disasters such as fire incident, earthquake, flooding
and crime attack, that is having hazard mitigation planning are incorporated in the design by
incorporating the following aspects.
a. Plan for Fire Protection- The most crucial aspect of a building’s safety involves a systems
approach that enables the designer to analyse all of the building’s components as a
total building fire safety system package. As buildings become more complex and
architects push the design envelope ever further, it is vital to consider fire safety
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implications of new buildings or other construction or refurbishment projects at the

concept design stage. An important precondition is that its fire safety facilities enable
independent and adequate fire response performances by the building’s occupants.
The consideration of Fire Stopping and Passive Fire Protection measures are vital to the
stability and integrity of a building or structure in case of fire. A fire strategy will only
achieve maximum effectiveness if the passive fire protection measures, such as
insulated fire-resisting partitions, cavity barriers, specialist fire-stopping of gaps in
structure with their proven fire performance properties, are built into the fabric of a
building. Passive fire protection not only maintains the stability of a building’s structure
during fire, they provide stability and separate the building into areas of manageable
risk (Fire Compartments). These are designed to keeps escape routes safe and helps
isolate and limit fire, heat, and smoke allowing the occupants to escape and the fire
fighters to do their job safely. Such protection is either provided by the materials from
which the buildings was constructed or, have been added to reinstate or establish the
fire integrity.
b. Resist Natural Hazards- Recent natural and human-induced events have highlighted
the fragility and vulnerability of the built environment to disasters. In most of these cases,
occupants are left to pay for the recovery effort, including repairing damaged buildings
and infrastructure, from the impacts of hurricanes, floods, earthquakes, tornados,
blizzards, and other natural disasters. Hazard resistance methods should be an
important project design requirement in the same way that environmental
considerations are now integral parts of project documents. For example, flood
mitigation techniques include elevating buildings above floor levels in flood prone
areas; making buildings watertight to prevent water entry, incorporation of levees and
floodwalls into site design to keep water away from the building. Adding retrofitting
techniques such as ferro-cement veneer, vertical corner reinforcement embedded in
mortar and introducing tie beams and adding buttress to brick masonry and mud-wall
housing will also go a long way in protecting against natural hazards. For details of other
hazards preventions methods, the reader is referred to Whole Building Design Guide by
the National Institute of Building Sciences.
c. Crime prevention -through architectural Design has emerged worldwide as one of the
most promising and currently effective approaches to reducing opportunities for crime.
The basic tenet of crime prevention through design in building is that proper design and
effective use of the built environment can reduce the fear and incidence of crime and
thereby improve the overall quality of life. Effective secure building design involves
implementing countermeasures to deter, detect, delay, and respond to attacks from
human aggressors. It also provides for mitigating measures to limit hazards to prevent
catastrophic damage and provide resiliency should an attack occur. Crime prevention
methods emphasize the following three design approaches: natural access control;
natural surveillance; and territorial behaviour. Access control uses doors, shrubs, fences,
gates, and other physical design elements to discourage access to an area by all but its
intended users. Surveillance is achieved by placing windows in locations that allow
intended users to see or be seen while ensuring that intruders will be observed as well.
Surveillance is enhanced by providing adequate lighting and landscaping that allow
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for unobstructed views. Finally, territory is defined by sidewalks, landscaping, porches,

and other elements that establish the boundaries between public and private areas.
These three methods work together to create an environment in which people feel safe
to live, work, travel, or visit.
viii. Design for Resources/Materials Conservation
Good design depends on informed material selection, balancing priorities to achieve durable,
safe, and healthy projects with an equitable, sustainable supply chain to minimize possible
negative impacts to the planet.
 What factors or priorities will be considered in making material selection decisions?
 How are materials and products selected and designed to reduce embodied carbon and
environmental impacts while enhancing building performance?
 How can material selection reduce hazards and support equitable labor practices in the
supply chain?
 How does the project promote zero waste throughout its life cycle?
 How does the project celebrate local materials and craft?
 How long will the project last, and how does that affect your material?
Designer to focus on
a. Design for Waste Minimization. The construction industry is one of the major waste
generators, which causes several environmental, social and economic problems. Waste
takes the form of spent or unwanted materials generated from construction and demolition
processes. Prevention and reduction of waste in the construction of housing can save
considerable amounts of non-renewable resources. Waste minimization should be
addressed as part of the project sustainability agenda throughout the design process by
the application of the three key designing out waste principles that is Reducing and
recovering construction waste; Reuse and Recycling and the storage and disposal of
construction waste.
b. Specify durable materials. - designer to that The sustainability of a building can be
enhanced by increasing the durability of its materials, and a material, component or
system may be considered durable when its useful service life (performance) is fairly
comparable to the time required for related impacts on the environment to be
absorbed by the ecosystem . Materials with a longer life relative to other materials
designed for the same purpose need to be replaced less often. This reduces the natural
resources required for manufacturing and the amount of money spent on installation
and the associated labor. The greater the material durability, the lower the time and
resources required to maintain it. Durable materials that require less frequent
replacement will require fewer raw materials and will produce less landfill waste over
the building’s lifetime.
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c. Specifying Natural and Local Materials- Natural materials are generally lower in
embodied energy and toxicity than man-made materials. When natural materials are
incorporated into building products, the products become more sustainable, the use of
building material sourced locally can help lessen the environmental burdens, shortens
transport distances, thus reducing air pollution produced by vehicles. Often, local
materials are better suited to climatic conditions, and these purchases support area
economies. For instance, the decorative use of marble quarried halfway around the
world is not a sustainable choice. Steel, when required for structural strength and
durability, is a justifiable use of a material that is generally manufactured some distance
from the building site.
d. Design for Pollution prevention- Pollution prevention measures taken during the
manufacturing and construction process can contribute significantly to environmental
sustainability. Selection of materials manufactured by environmentally responsible
companies encourages their efforts at pollution prevention. Although these products
may have an initially higher ―off-the-shelf‖ price, choosing products that generate
higher levels of pollution exploits the environment. Pollution comes in form of air, water
and soil. It may also be a problem in the extraction of some minerals, when the waste is
deposited, especially hazardous waste. This wastewater is often released directly into
streams and can contain toxic substances. The means of transport is also important.
Emissions from road, air and rail transport are a major cause of photochemical smog, of
which the main components are carbon monoxide, nitrogen oxides, hydrocarbons and
ozone released by the action of sunlight on organic compounds in the lower
atmosphere. Because of their bulk, and the large quantities involved, moving
construction materials contributes very significantly to the total pollution emissions from
transport. By becoming aware of which manufacturers use environmentally sustainable
manufacturing methods, specifying their products, and avoiding goods produced
through highly polluting methods, building designers can encourage the use and
marketing of sustainable construction materials.
e. Specify Non-Toxic or Less-Toxic Materials. Non- or less-toxic materials are less hazardous
to construction workers and building’s occupants. Many materials adversely affect indoor
air quality and expose occupants to health hazards. Some construction materials, such
as adhesives, paints, sealants, cleaners, and other common products contain volatile
organic compounds (VOCs) and emit dangerous fumes for only a short time during and
after installation; others can contribute to air quality problems throughout a building’s
life [68]. By using building materials with lower or non-existent levels of toxic substances,
environmental health problems can be avoided and the need for air scrubbers
reduced
ix. Design for Change
Design for Change is a design and construction strategy that acknowledges our continuously
changing requirements and aspirations for the built environment. The aim of design for change is
to create buildings that support change more efficiently, that is adaptability, resilience, and
reuse are essential to good design, which seeks to enhance usability, functionality, and value
over time.
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 How does the project address future risks and vulnerabilities from social, economic, and
environmental change?
 How is the project designed for adaptation to anticipate future uses or changing markets?
How does the project address passive survivability and/or livability?
The designer need to focus on
 Having a resilience chat with r client and stakeholders to discuss the performance goals for
the project during a disaster event, continuity of operations, community resource, quick
recovery, or temporary relocation.
 Evaluating how design addresses the existing and projected social, environmental, and
economic hazards and vulnerabilities over the service life of the building and the
consequences of not building resilience into your project.
 Identifying how projects can support immediate recovery in the first days and weeks of crisis
and facilitate long-term recovery.
 Exploring how your project can benefit the community and existing infrastructure.
 Identifying the flexible or adaptable features of your design.
 Identifying how your project addresses social resilience and inclusive design at both the
building and community scales.
 Identifying how your project is integrated and strengthens the community infrastructure and
overall community resilience.
x. Design for Discovery
Every project presents a unique opportunity to apply lessons learned from previous projects and
gather information to refine the design and construction process.
 How can the design process foster a long-term relationship between designers, users, and
operators to ensure design intentions are realized and the building project performance can
improve over time?
 How are performance data and experiential stories shared, even if the findings fall short of
the vision?
 How are lessons learned through construction administration shared to project teams?
 What strategies promote a sense of discovery and delight?
The designer to focus on
 Assisting in the development and recording of the Owner’s Project Requirements (OPR)
during design as a means of recording performance expectations and owner direction.
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 Benchmarking: Review the goals and metrics selected from each Framework Principle
utilized on the project. Were they carried through the design process, construction process,
and into occupancy?
 Assess what worked and what could have been done better. Record and share that
information with project team members, the office, and the profession.
 After the project has been occupied for 6-12 months, ask the owner if the project is meeting
their expectations. Have they made any changes? Are the occupants using spaces as
planned? Do the occupants have feedback?
Important to note
One of the most impactful ways to stay engaged with a completed project is to ask for utility
bills. Calibrating the energy model for a specific year of actual weather data, 12 months of
energy and water use will allow project teams to compare a building’s resource consumption
against both benchmarks and predicted values, providing clues about how the project is
actually performing. Inconsistencies can then be explored more deeply and strategies for
improvement can be developed.
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CONTRACTING DESIGN –
Definition
Can be defined as any contract or agreement relating to the architecture, design, engineering
or planning of a Project or portion thereof.
Architecture Contracts are the joint agreements between development partners and sponsors
on the deliverables, quality, and fitness-for-purpose of architecture. Successful implementation
of these agreements will be delivered through effective architecture governance.
Contents of a design Contract
Detailed descriptions of the work you'll be doing.
i. The owner's objectives for the project,

ii. The architect's scope of services and a description of the drawings or other deliverables
the architect is to furnish
iii. Timeline for deliverables (including dates to aim for so you can create a work-back
schedule).
iv. The schedule or sequence of events in which the services will be provided.
v. Payment details (overall cost, down payment, method of payment, due dates for
payments, including late fees)
vi. Copyright ownership.
Basic elements of Architectural contract
A written agreement is the best way to set the parties’ expectations on a project. It allows the
parties to clearly document their mutual understanding for project requirements and obligations,
which should reduce the likelihood of a later dispute.
The basic elements that should be addressed in an agreement between an owner and
architect include
i. The owner’s objectives for the project,

ii. The architect’s scope of services and a description of the drawings or other deliverables
the architect is to furnish;
iii. The fees to be paid for providing those services and when they are to be paid; and
iv. Any relationship lacking these contract elements is primed for generating
misunderstandings and possible disputes.
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The Contract shall clearly take consideration of the following to ensure clarity of agreement.
 Disclaim and avoid assuming uninsurable risks.

 Clarification on who owns the copyright to the documents that are produced, what are
the copyright owner’s rights, and under what conditions may the client/owner use and
reproduce those documents?
 Owner’s rights to use the architect’s documents if the agreement is terminated?
 Architects indemnify the client/owner, and under what conditions?
 Who provides the site survey and geotechnical information with accompanying reports
and recommendations?
 Who is to obtain the building permit?
 Handling of claims or disputes if negotiations are unsuccessful?
 State’s laws that are to govern your agreement?
 Under what conditions may either party elect to suspend or terminate your services and,
if suspended, to recommence your services?
 Is the architect required to design to the client/owner’s budget? Who does the cost
estimating, and what happens if your design exceeds the budget?
 What types and amounts of insurance should you carry, and what should you disclose to
the client or keep confidential about your insurance?
 Under what conditions you should be obligated to assign your agreement to third parties
or to a lender providing financing for the project?
 What conditions and limitations apply to any certifications the architect is required to
provide related to its services?
 Should you include an express disclaimer for having anything to do with the discovery,
presence, handling, removal or disposal of, or exposure of persons to, hazardous
materials or toxic substances in any form at the project site?
 Are there any LEED (Leadership in Energy and Environmental Design) or other sustainable
goals the client wishes you to achieve, and is there appropriate recognition of the role
the client and the contractor plays in achieving those goals?
 Process for identifying and proceeding with additional services and does the
client/owner need to provide advance written approval?
 Is the client/owner required to approve the design prior to the architect proceeding to
the next design phase?
 Architect’s obligations regarding final and substantial completion?
 Other obligations do you (Architect) and the client owe to each other?
 What is the standard of care?
 Parties’ obligations to retain records and preserve digital data following project
completion?
 Obligations regarding confidentiality and non-disclosure during or after project
completion?
 Are there any limitations on the Architect’s liability?
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Steps to Create the Contract
As with most things, having a series of steps will help make sure all your bases are covered when
creating your contract.
i. Letter of Proposal
Once you understand the scope of the project you will send your client a Letter of Proposal. This
Letter of Proposal doesn’t contain any designs or contracts – those come after the client has
decided to move ahead. A Letter of Proposal is mainly to communicate to the client your basic
understanding of a project and the way you would go about completing the scope of work. A
standard letter proposal should contain the following:
 Identifiers for each party
 the project location
 a brief description of the project
 a basic scope of services to be performed by you
 a proposed compensation structure
 actions for the client to take if they elect to move forward with you
If a client accepts your letter proposal, you would move forward to the next step using an old-
fashioned handshake, a Letter of Intent, a Letter of Agreement, an Architect-Prepared Contract.
Each of these provided varying levels of legal protection for you, with a handshake providing no
legal protection at all and Architect-Prepared Contracts providing full legal protection. What
you use is up to you and depends on your level of comfort with the client; however, we advise
avoiding using a handshake.
ii. Handshake
A simple handshake is not legally binding and provides no legal protection at all. This is
considered very old school. While many will shake hands during the process, most will follow up
the handshake with one of the other, more legally binding actions.
iii. Letter of Intent
A Letter of Intent is often considered a written handshake – meaning it’s simple and offers very
minimal legal protection. In it, the architect will restate the terms and scope described in the
Letter of Proposal, while expanding the terms and conditions. Only the architect signs this
document. Usually, a Letter of Intent is followed by a more formal contract.
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iv. Letter of Agreement
This document provides slightly more legal protection, as it’s signed by both the owner and the
architect, but it still isn’t recommended as the only written agreement. It is essentially a more
developed Letter of Intent, with the scope described, terms and conditions set forth, and a
basic compensation plan developed.
v. Architect-Prepared Contract
This is the route most recommended by professionals. Architect-Prepared Contracts are

contracts that are prepared by the architect vs. another agency. Since architects create the
document themselves, they can add terms to it that will enable them to do their best work. Any
issues they have dealt with on previous projects can be added to their contract to eliminate the
fear of going through that problem again.
Your contract should be a legally binding, fully developed document. Review by an attorney will
help ensure that any holes are fully patched up, in protecting both parties.
One last benefit: because you control the language and look of this document you can best
tailor it to be appealing to your clients. It will appear non-threatening and your clients will be
quicker to sign it. You can even revise each contract to fit each client personally.
Role of the Contract
A contract is, at its most basic, communication between the owner and the architect. It lays
everything on the table and makes everyone aware of the expectations and the roles everyone
will play. A contract can be used later to solve disputes, but, if a contract is done well, it will
prevent conflict from coming up in the first place.
Design Contract Signing
The design Contract is signed upon receipt of the Statement of Architecture Work – a statement
of project estimates, plans, and schedules based on the purpose, focus, scope, and constraints
of the project.
Components of design Contract.
At a minimum, every contract should contain the name, address, and signatures of parties, the
scope of work, the project cost and payment terms, the schedule of work, and the authority.
1. Full Name, Address, and Signatures of Both Parties
Without this component, your contract is just a useless piece of paper. It can be easy to
forget the most basic aspect, even if it is the most important, so double-check this is
included.
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2. Scope of Work
Since a contract is essentially communication between the two parties about the work
that will be done, a full scope of work should be included. That way both parties can
make sure they are agreeing to the same description of materials, quality of work,
schedule, and other specifications.
3. Project Cost and Payment Terms
With a clearly defined cost of services, schedule, and terms and conditions, there can be
no confusion from either party about how much should be paid and when payment will
happen.
4. Schedule of Work
Include details like when the project will start, when milestones will be reached, and the
project completion date.
5. Authority
During construction, with many decisions to be made, it needs to be clear who has the
authority to make those decisions. Detailing it now in the contract will eliminate frustration
or delays during the project.
Types of Design Contracts
i. Stipulated Sum Contract
 Also called a lump sum or fixed price contract, this is the architectural contract at its
most basic. The owner agrees to a set price and the amount they pay says the same no
matter the bumps along the construction process. The contractor is responsible for
finishing the work for the agreed-upon price.
 This contract can often lead to somewhat higher costs, as the contractor will include a
higher markup to cover them if issues arise. The contractor can increase their profit by
ensuring the labor and materials costs are at a minimum, but any estimation errors,
delays, or mistakes could quickly eat away at that profit.
 Application - stipulated sum contract is applicable where scope and schedule are solid
and clearly defined. The contractor will need to provide as accurate as possible cost
estimates for this type of contract to work well.
ii. Design-Bid-Build Contract Relationship
The conventional Design-Bid-Build project delivery method is used when the Owner's project is
divided into separate contracts for design (Architect) and construction (Contractor). Essentially,
the owner retains the Architect who in turn retains Consultants in order to prepare drawings and
specifications. The Architect also assists the Owner in obtaining bids/proposals, from the bids; the
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Owner will award a contract(s) for construction. Contractor(s) and Surety obligate to Owner for
bid, performance and payment bonds. If for instances such arrangements are agreeable by all
accordingly as planned, then the contractor and subcontractors executes the building works.
A stripped down version of the Design-Bid-Build contract relationship is much more suitable for
projects of low cost and short duration and the documents that form this relationship feature the
use of Stipulated Sum and Integrated General Conditions.
iii. Design-Build Contract
A design-build contract is the same concept as a design-build delivery method; the owner hires
one entity that will be responsible for both the design and construction. Often, the design-build
contractor will sub-contract out some work to other businesses, but the owner will only have one
contract.
This method is best applicable for tight schedule projects, as the bidding process is usually
eliminated in favor of a negotiation between the owner and contractor. As the architect and
contractor are as a single firm/entity, coordination between the two speeds things up too.
iv. Integrated Project Delivery Contract
An integrated project delivery contract is a contract between the owner, architect, and
contractor. All three will share the risk. The contractor is involved early in the design and the
architect is involved during construction.
Such arrangement is applied when tight coordination between the owner, architect, and
contractor is ideal this contract will typically fit the best. It is viewed as one of the most efficient
contracts and is still relatively new.
Terms to Include in a design contract
When creating an Architect-Prepared contract, there are specific terms that should be
included. These terms are very standard for the industry and reflect the most common issues that
come up during an architectural project, not including them could mean a headache later.
Terms are as below and some above captured.
i. Owner will have the right to join architect and general contractor in single mediation
and arbitration.
ii. Architect will provide a time schedule for producing documents.
iii. Architect is to advise Owner in writing when it is aware of any conflicts, errors, omissions in
the Construction Documents or defects in construction of the project.
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iv. If the cost of the project as bid or negotiated exceeds the Owner’s budget by X percent
(e.g. between 15-20%) Architect will revise the Construction Documents at no additional
cost.
v. Owner will be advised of all consultants and third parties hired by Architect in connection
with the preparation of the Construction Documents, Owner will have a reasonable right
of approval, and Owner will be a third-party beneficiary of such contracts. Third party
contracts will contain a provision making a third-party beneficiary and will require the
same professional error and omissions insurance and commercial general insurance
required of Architect.
vi. Architect will be liable to Owner for additional costs incurred by Owner due to conflicts,
errors or omissions in the Construction Documents.
vii. All documents, plans, sketches, models, etc. prepared by the Architect, including the
schematic designs, the Design Development and the Construction Bid Documents are to
be used solely for this Project.
The Architect:
 Shall be deemed the author for copyright of the documents

 Shall not use these documents for any other project
 Shall be responsible for accuracy and adequacy of the plans.
The Owner:
a. Shall have ownership of all documents.

b. Will be provided copies requested.
c. Agrees that these documents shall not be used for any other project without
approval and compensation to Architect.
d. Shall have an irrevocable license to use, reproduce or make derivative works
from these documents for any renovations, maintenance or remodeling of the
Project.
e. Shall have an irrevocable license to use the image of the Project and to
reproduce documents and data obtained within the documents.
f. Shall have an irrevocable license to use and reproduce the image of the Project
designed by the Architect.
viii. Architect will review as-built prepared by contractor for accuracy.

ix. Architect’s services for construction administration include one year warranty inspection.
x. The construction documents will require contractor to prepare photos and daily logs during
the progress of the project. Architect, Engineer, Contractor and all subcontractors which
prepare records of the project (daily logs, field reports, job meeting minutes, etc.) will
exchange copies weekly.
xi. If Architect is retained for construction administration, Architect will review lien waivers of
contractor, subcontractors and suppliers with each pay application.
xii. Architect’s contract is entered into based upon a standard of mutual trust, good faith and
fair dealing. Architect’s services will meet the ―highest‖ standards of the community in
preparation of the Construction Documents.
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xiii. Owner has the right to terminate the project at any time for convenience of Owner and
Owner will pay for all work performed to date as well as any additional costs for obligations
which cannot be terminated.
xiv. Architect is to cooperate with Owner’s General Contractor in value engineering changes to
the project.
xv. In designing Construction Documents, Architect will identify resulting effects of costs savings
(e.g. if the Owner expects a quiet environment and the HVAC system is on a roof that is too
light, vibration noise will be reflected in the building; or, if lightweight concrete is used for a
floor decking, the stability of the floor may be affected if other design changes are not
examined).
xvi. In the event of any arbitration or litigation, the prevailing party will be paid reasonable
attorney’s fees, costs of expert witnesses and costs of the arbitration or litigation.
Risks
Since the two legal doctrines that protected architects from liability, the economic-loss rule and
contractual privity, are long gone, court and arbitrations are an increasingly common event for
architects. Usually, litigation comes into play over money. Sometimes the project costs escalate
more than expected or the schedule was not met. In any case, the owner can directly sue the
architect. Contractors and sub-contractors will typically try to sue the architect if the owner is
suing them.
The Standard of Care
The standard of care is a legal concept that comes into play with cases involving professional
negligence. It implies you should only be required to uphold the level of care and skill that
professionals with similar skill levels, professions, and experience would possess and exercise.
What this aims to do is to not compare your efforts to an unfair standard.
Circumstances under which the Architect can be sued

1. By Owner/client
Usually, if the owner is suing the architect it is related to the following five situations:
Payment Certifications
i. As the architect, you are responsible for reviewing and approving the payment requests
from the contractor. If the owner feels like you approved payment certifications that
resulted in an overpayment on their part, they will want to receive compensation from
you.
ii. You can avoid this risk by thoroughly reviewing payment requests. Even if your contract
does not specifically list payment certifications as your responsibility, courts have found
that they are a duty architects must fulfill, as it is considered for the benefit of the owner.
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Contractor ―Front Loads‖ Payment Applications
iii. Sometimes, contractors will request payment above what the current work in place
requires. This is often due to the uncertainty and changes that can happen at the
beginning of a project. The funds could be used for buying a piece of equipment,
stockpiling materials, or foregoing expensive financing.
iv. Other times, it is less innocent. Contractors sometimes use those excess funds to
complete prior projects. If the owner suffers a loss as a result of this practice, the architect
is the one held liable, as they are approving the payment applications.
Errors in Contract Observation or Inspection
v. If the owner feels like a lack of quality and/or frequency of your inspections resulted in
increased costs for them, you will likely find yourself in court over the matter.
vi. Minimize your risk of litigation over this issue by doing the best job you can with your
inspections. Keep in mind that some courts have found that you, as the architect, are
responsible for any construction error you miss, regardless of what your contract states.
Failure to Report Construction Defects and Require Correction of Defective Work
vii. Even though contracts may not explicitly require the architect to report and correct
construction defects, several courts have decided that reporting and correcting is
required when an architect is providing site observation services.
Deficient Design Documents
viii. If the design drawings were flawed or insufficient, the client may have a claim against
the architect. The validity of this claim is going to depend on the standard of care for an
architect. Avoid agreeing to follow all applicable laws, statutes, rules, and regulations
when creating your design documents, as you will be unequipped to know the details of
every requirement.
2. By Contractor
Because the architect and contractor are not bound by a contract, most claims against an
architect use either a third-party contract theory or tort theories. How successful these claims are
will depend largely on state laws governing these claims.
Third-Party Contract Beneficiary
i. This type of claim is typically not successful; the contractor argues that they are a third-
party beneficiary of the architect’s contract with the owner. These fail so often because
most contracts contain wording that makes it clear that there is no intent to benefit any
third party.
29 | P a g e
Tort Theories.
ii. Tort theory claims have seen success in many states, and the contractor must show that
there is a duty owed to the contractor by the architect.
During bidding.
iii. Contractors who were unable to win a project contract might try to submit claims
against the architect for defamation and intentional interference with contracts. In these
cases, the architect either oversaw the bidding or was an advisor to the owner during
the bidding process.
Deficient Design Documents.
iv. Because contractors rely on design documents, deficiencies or errors in the design
document could give them a valid negligence claim. Most successful claims prove that
the contractor was totally dependent on the architect’s drawings and the contractor
couldn’t possibly protect themselves from the consequences of the deficient drawings.
Contract Administration.
v. This is where most of the claims against architects come from the contractors. In general,
the Contractor must prove that the architect intentionally interfered with the contractor’s
work and that the interference caused an economic loss.
3. By Sub-Contractor
Because the sub-contractor is so far removed from the project as far as contracts are
concerned, the sub-contractor filing a claim against the architect is rare. Delays in the project,
failure to notice design defects, and deficient design specifications have all been used in
successful claims against an architect by a sub-contractor.
Important to take note
1. Never, ever use just a handshake (or Letter of Intent/Letter of Agreement) as a contract.
2. If you don’t have a good contract, create one. Look for any holes that could cause
problems and close them up.
3. Update your contract regularly to include issues that have come up in past projects.
Use the contract that makes the most sense for the project requirements.
Understand fully who can sue you and what kind of claims they can bring against you
30 | P a g e
Sample Architect Agreement Contract.

A&A ARCHITECTS
Phone: +254 ……………………

Email…………………………….
MEMORANDUM OF AGREEMENT
THIS AGREEMENT is made the ……. day of …………….. the year Two Thousand and
Eighteen between ……………….. of P.O.BOX …………………………….. ( Hereinafter
called the CLIENT) on the one part and A&A Architects of P O Box …………………,
Kenya (hereinafter called the CONSULTING ARCHITECT).
WHERE AS
A). The Client intends to have the design, documentation and supervision of
PROPOSED HOUSE, KIAMBU (hereinafter called the PROJECT) by the consultant
B). The Consulting Arc hitect agrees to undertake the design, documentation and
supervision of the proposed project at 6% of total contract sum.
C). The Architect shall provide all Architectural drawings inclusive of detailed
specifications. Estimated contract sum for purposes of fee calculations is KES
…………………….
D) NOW THESE PRESENTS WITNESS and it is hereby agreed and declared by and
between the parties hereto as follows:
(i) The Client hereby appoints the Consultant as Consulting Architect and Project
Manager in respect of the project and the consultant agrees to provide
professional services subject to and in accordance with the terms and conditions of
engagement as set out in Cap 525 of the Laws of Kenya .
(ii) That the Consulting Architect shall provide Architectural, dr awings together with
detailed specifications for the proposed development.
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iii) TERM – This Agreement is effective for ……. months (the ―term‖), beginning
……………………., 20… and ending ……………….. , 20…, or the lapse of the defects
liability period whichever is e arlier.
ARCHITECT’S DUTY OF CARE

The Architect further agrees to;
a) Maintain the highest ethical standards in the performance of this agreement;
b) Perform the services and related services in compliance with all applicable laws
and regulations;
c) Hold in strict confidence and to use only for purposes of this Agreement and not
to print, publicize, or otherwise disclose to any third party, confidential information
of the owner, including, but not limited to, information in tangible or intangible
form relating to and /or including the services, the project, the owner or its officers,
financial information, business, marketing or pricing policies or practices, whether
deliberately or otherwise disclosed to the Architect; and
d) Practice due diligence so a s to increase the value of the owner’s investment

and to maximize the owner’s profits.
DISPUTES
All disputes shall be decided by arbitration with a panel composed of two
arbitrators comprising Owner’s representative and Architect’s representative as per
Architectural Association of Kenya arbitration requirements.
Signed by the Client (Representative)
Date
In the presence of
Name
Address
Signed by the Consulting Architect
Date
In the presence of:
Name
Address
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SERVICES TO BE PROVIDED BY THE CONSULTING (A&A) ARCHITECT
1. Normal Services
The Consultant shall provide the following services:
a) Inception
Advising the Client upon the services of an Architect and the need for other
consultants.
b) Outline Proposal
Developing the brief and preparing outline propos als incorporating a detailed
presentation of the Clients requirements and an approximation of the costs.
c) Scheme Design
Preparing in collaboration with other consultants scheme designs consisting of small

scale working drawings that shall indicate the s patial arrangement and
appearance and submitting copies of the drawings to the local authority in future
for town planning consent and approval under the Building By -laws.
d) Detailed Design and Production Drawings
For completing detailed design incorpora ting design work done by other
consultants and preparing production drawings and information necessary for Bills
and Quantities.
e) Tender Action to Completion
For obtaining and advising on tenders and for preparing and advising on the
contract and the appointment of the contractor, supervision of works in progress,
issuing of interim certificates, counter checking on contractor’s claims and
preparing practical completion certificates and inspection of defect s and final
handover to client.
2. Additional Services
All other additional services not included in the normal services shall be charged on
a time charge basis to be agreed upon by the Consulting Architect and the Client.
ESTIMATED CONSTRUCTION COST: KES …………………..
33 | P a g e
A. Inception:
For advising the client upon the services of an architect and the need for a
quantity surveyor, obtaining initial statement of requirements and outlining possible
courses of action:
No charge. 0% of tot al construction cost. =KES 0.00
B.Outline proposals:
For considering and d eveloping the brief.

For advising on the need for and instructing consultants.
For preparing outline proposals which incorporate a detailed presentation of the
client’s requirements and an approximation of the costs of meeting them.
For reporting any major decisions required from the client and receiving any
amended instructions.
Charge: Charge: 1.5% of total construction cost.=KES ………………..
C. Scheme Design.
For preparing, in collaboration with any consultant, a scheme design consisting of
small-scale working drawings which shall indicate spatial arrangement and
appearance.
For reporting to the client on the scheme including presenting an assignment of the
cost and timetable for the project and where so required, submitting copies of the
drawings to the local authority for town planning consent, approval under the
Building bye-laws.
Charge: 1.5% of total construction cost =KES …………………
D. Detailed design and production drawings.

For completing a detailed design incorporating the design work done by any
consultants.
For preparing production drawings and information necessary for production of Bills
of Quantities.
Charge: 1.5% of total construction cost =KES ……………………
E. From tender action to completion.

For obtaining and advising on tenders and for preparing and advising on the
contract and the appointment of a contractor.
For briefing the contractor, arranging for him to take possession of the site and
examining his programme.
For periodic supervision and issuing certificates required by the building contr act.
34 | P a g e
For handing over the building to the client, providing small -scale drawings showing
the main lines of drainage and other services as executed and giving initial
guidance on maintenance.
Charge: 1.5% of total construction cost =KES …………………
Disbursements
Out of pocket expenses for transport, plotting, printing, photocopying, laminating,

and payments to Local Authority etc shall all be reimbursed at cost plus 10%
administrative costs.
Payment of Fees
All fee notes shall be payable to the Architect with in 14 days of being raised.
35 | P a g e

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Designing for Excellence & Contracting Design

DESIGNING FOR EXCELLENCE & CONTRACTING DESIGN

DESIGNING FOR EXCELLENCE

Can be defined as Inspiring sustainable, resilient, and inclusive design

Their interrelationships must be understood, evaluated, and appropriately applied to a project

 Provide Equal Access and Flexibility

 History of Accessible Facility Design

 Understanding the Language and Elements of Design

iv). Functional / Operational

Pertains to functional programming—spatial needs and requirements, system performance as

 Account for Functional Needs

v). Historic Preservation

 Apply the Preservation Process Successfully

Pertains to occupants' well-being—physical and psychological comfort—including building

 Integrate Technological Tools

vii). Secure / Safe

 Optimize Site Potential

1.02. Challenges that impacts Architectural design excellence.

1.03. Design Excellence principles

Framework/Principles for Design Excellence:

i. Design for Integration

 What makes this a project that people will fight to preserve?

The designer need to focus on

ii. Design for Equitable Communities

The Designer should focus on

 Community resilience - Resilient design is the intentional design of buildings, landscapes,

iii. Design for Ecosystems/land conservation

Good design mutually benefits human and nonhuman inhabitants.

 How can the design build resilience while reducing maintenance?

 How is the project supporting regional habitat restoration?

b. Integrating designs with nature by ecological replacement or ecological

iv. Design for Water

 How does the project contribute to a healthy regional watershed?

Strategy – Water Conservation

a. Indoor Water Efficiency Utilizing water-efficient plumbing fixtures

v. Design for Energy

 Can the project be powered by clean, renewable energy sources?

Strategy – Energy Conservation

a. Choices/specification of materials and construction methods are important to reduce

vi. Design for Economy

 How do we provide abundance while living within our means?

The designer to focus on

vii. Design for Well-being/Human Adaptation

 How can the design encourage a healthy lifestyle?

 How can the project provide for greater occupant comfort?

 How can the project be welcoming and inclusive for all?

 How can material selection reduce hazards to occupants?

Strategy 1 -Protecting Human health and comfort

Strategy 2- Protecting Physical Resources

 Design for Fire Protection

Protecting Human health and comfort

a. Thermal comfort is a key to occupant’s satisfaction and productivity. Maintaining

Protecting Physical Resources

implications of new buildings or other construction or refurbishment projects at the

for unobstructed views. Finally, territory is defined by sidewalks, landscaping, porches,

viii. Design for Resources/Materials Conservation

 What factors or priorities will be considered in making material selection decisions?

 How does the project celebrate local materials and craft?

ix. Design for Change

The designer need to focus on