bye laws final notes (1)

110
TOPIC:- IMPORTANCE OF BUILDING BYE LAWS Q: What are the importances of building bye laws? Ans: The following are the importance’s for building bye laws:- 1. Architectural Need. 2. Defines the areas of varying densities for use. For example ZONING ORDINANCES describes. 3. Min. parking lot size 4. Min. parking lot size 5. Yard requirement 6. Other structures on the property 7. Parking requirements relate to the use & bulk of the building & in sub-urban areas many require Parking structures for maximum development of property, signage’s, trees, screening etc. are other areas of zoning considerations. 8. Decreases the danger of accident. 9. If setbacks are provided visibility of road is there. 10. To have proper building which don’t disturb the human environment as well the natural environment . 11. For safety reasons. 12. Height restriction due to have proper sunlight in the nearer areas. 13. Making the requirements mysterious for layman. 14. For making building material a very important part of building buy giving their full specifications. 15. For freezing the time limit of a project so that the other works can be started. 16. For reducing visual disorder, traffic uncontrollable, uncomfortable living, environmental problems etc. 17. For knowing that the construction is not giving any problems to the existing site conditions. As signage’s, trees, screening, etc. 18. If the set back are given then roads can be widened due to this. 19. As if set back is given in building then we can easily have light, proper ventilation some open area to have fresh air inside the building. 20. As having a shaft in houses we can run our other services also from there. 21. For maintaining proper road size. As we know if the size of a road is already less & if we increase the height of building & extend the balconies outside the building line then it can obstruct the natural light, air & ventilation. So that giving set back serves our problem very nicely. 22. Basically the Bye Laws are very important to construct a building with proper lighting & al that kind of things. As well with all safeties. 23. For having Building Bye laws or we can say using them is very important for each & every kind of building type. 24. With the bye laws we can plan on the urban level as well in a proper way. 25. It is important to create building or any space which cater services to them & as well to look beautiful. No chance for having congested areas. 26. It is important to divide the areas in proper zones according to the space characters. 27. How a land to be used. 28. Where building & other structure can be located. 29. The types of building that are permitted & how they may be used. 30. It is important to design a big city as well. 31. To make those particular areas well planned as well beautifying that areas. 32. TOPIC:-IMPORTANCE OF NATIONAL BUILDING CODE 1) Inclusion of a complete philosophy and direction for successfully accomplishing the building projects through Integrated Multidisciplinary Approach right through conceptual stage to planning, designing, construction, operation and maintenance stages 2) A series of reforms in building permit process 3) Provisions to ensure and certification of safety of buildings against natural disaster by engineer and structural engineer 4) Provision for two stage permit for high rise and special buildings 5) Provision for periodic renewal certificate of occupied buildings from structural, fire and electrical safety point of view

Upload: sonu-chahal

Post on 27-Jan-2016

33 views

Category:

Documents


9 download

DESCRIPTION

sd

TRANSCRIPT

Page 1: Bye Laws Final Notes (1)

TOPIC:- IMPORTANCE OF BUILDING BYE LAWS

Q: What are the importances of building bye laws?

Ans: The following are the importance’s for building bye laws:-

1. Architectural Need. 2. Defines the areas of varying densities for use. For example ZONING ORDINANCES describes. 3. Min. parking lot size 4. Min. parking lot size 5. Yard requirement 6. Other structures on the property 7. Parking requirements relate to the use & bulk of the building & in sub-urban areas many require Parking

structures for maximum development of property, signage’s, trees, screening etc. are other areas of zoning

considerations.

8. Decreases the danger of accident. 9. If setbacks are provided visibility of road is there. 10. To have proper building which don’t disturb the human environment as well the natural environment . 11. For safety reasons. 12. Height restriction due to have proper sunlight in the nearer areas. 13. Making the requirements mysterious for layman. 14. For making building material a very important part of building buy giving their full specifications. 15. For freezing the time limit of a project so that the other works can be started. 16. For reducing visual disorder, traffic uncontrollable, uncomfortable living, environmental problems etc. 17. For knowing that the construction is not giving any problems to the existing site conditions. As signage’s, trees,

screening, etc.

18. If the set back are given then roads can be widened due to this. 19. As if set back is given in building then we can easily have light, proper ventilation some open area to have fresh

air inside the building.

20. As having a shaft in houses we can run our other services also from there. 21. For maintaining proper road size. As we know if the size of a road is already less & if we increase the height of

building & extend the balconies outside the building line then it can obstruct the natural light, air & ventilation.

So that giving set back serves our problem very nicely.

22. Basically the Bye Laws are very important to construct a building with proper lighting & al that kind of things. As well with all safeties.

23. For having Building Bye laws or we can say using them is very important for each & every kind of building type. 24. With the bye laws we can plan on the urban level as well in a proper way. 25. It is important to create building or any space which cater services to them & as well to look beautiful. No chance

for having congested areas.

26. It is important to divide the areas in proper zones according to the space characters. 27. How a land to be used. 28. Where building & other structure can be located. 29. The types of building that are permitted & how they may be used. 30. It is important to design a big city as well. 31. To make those particular areas well planned as well beautifying that areas. 32.

TOPIC:-IMPORTANCE OF NATIONAL BUILDING CODE

1) Inclusion of a complete philosophy and direction for successfully accomplishing the building projects through

Integrated Multidisciplinary Approach right through conceptual stage to planning, designing, construction,

operation and maintenance stages

2) A series of reforms in building permit process

3) Provisions to ensure and certification of safety of buildings against natural disaster by engineer and structural

engineer

4) Provision for two stage permit for high rise and special buildings

5) Provision for periodic renewal certificate of occupied buildings from structural, fire and electrical safety point

of view

Page 2: Bye Laws Final Notes (1)

6) Provision for empowering engineers and architects for sanctioning plans of residential buildings up to 500 m2

7) Inclusion of detailed town planning norms for various amenities such as educational facilities, medical

facilities, distribution services, police, civil defence and home guards and fire services

8) parking requirements for metro and mega cities

9) Special requirements for low income housing for urban areas

10) Special requirements for low income housing rural habitat planning

11) Guidelines for development planning for hilly areas

12) Provisions for buildings and facilities for physically challenged

13) Fire safety norms completely revamped through detailed provisions on Fire Prevention, Life Safety and Fire

Protection

14) Categories of starred hotels, heritage structures and archaeological monuments for fire safety provisions

15) Substitution of halon based fire/extinguishers fire fighting system

16) Promotion to new/innovative building materials/technologies

17) Inclusion of latest provisions for earthquake resistant design and construction

18) Details on mult-disaster prone districts

19) Design and construction using bamboo

20) Prefabricated and composite construction for speedier construction

21) Provision of safety in construction

22) Provision on building and plumbing services in line with applicable international practices

23) Provisions on rain water harvesting

24) Landscaping needs

TOPIC : REQUIREMENTS OF SUBMISSION DRAWINGS.

SUBMITTING PLANS AND DRAWINGS GUIDANCE

Plans and Drawings submitted with Planning Applications

This note explains the requirements regarding the submission of plans and drawings with planning applications. The

Council has a legal duty to ensure that planning applications are complete and valid, and that members of the public

are able to understand, examine and comment on them.

General

Please remember Councilors, Town and Councils, consulters and the public will view plans that are submitted to us as

part of your application and they will be published on the Council’s website. It will therefore help your application if

the plans are as clear as possible.

• All plans submitted with an application should be dated and numbered

• Any revised drawings should indicate the full extent of the change and show a revision number/letter and the

date of the revision

• All drawings should be to a suitable metric scale not imperial. The scale must be shown

Page 3: Bye Laws Final Notes (1)

• Wherever possible drawings larger than A1 size should be avoided (they should be supplied in A3 if possible)

• Drawings for illustrative purposes in outline applications should be clearly indicated accordingly

• The drawings should give an accurate account of the proposals and indicate whether they are enlarged from an

OS map or drawn from a survey.

• Where existing buildings are to be altered or extended, the new work must be clearly shown and the demolitions

indicated. The use of colour is to be encourage in distinguishing new work from existing

• Presentation is important and the use of colour generally to clarify drawings is suggested, in particular for larger

complex schemes

• Outline planning applications are often not appropriate for new building work in Conservation Areas or to Listed

Buildings. Guidance for alterations to Listed Buildings is available from the Council

• When it is necessary to show joinery detail, especially in the case of Listed Buildings, plans should be to a scale

of 1:5, 1:10 or 1:20

• Where the proposed development is likely to affect an adjoining property, the position of buildings, trees and

other features external to your site should be dimensioned

• Survey information should show important landscape features, spot heights and where appropriate contours

• Present and proposed levels must be indicated if changes are to be made

• Where existing site conditions are significantly revised then these should be shown on a separate drawing

• If any tree within the site or overhanging from a neighboring property is affected in any way, then a tree survey

must be provided indicating the position, crown spread and species

• Access roads, existing vehicular access, and vehicle turning areas, parking spaces and full visibility splays

(which may affect adjoining properties) should be shown

• In buildings where public have access, including shops, work places and facilities for disabled people should be

shown and described in the drawing

• All existing buildings, trees, paths and all other features within the site are to be described, whether retained or

removed.

• Sections through your site and adjoining areas with relevant elevations will be necessary where there are

differences in levels or changes in levels are proposed. This may be where a proposal is close to the

boundaries of the site or there is a significant slope

Site Location Plan

You MUST submit four copies of an up to date site location plan with the site area outlined in RED and adjoining

land ownership outlined in BLUE. This must correspond with ownership details given on the application form and

ownership certificate. It is also helpful if public rights of way are shown in brown. A north point should also be

shown.

Location Plans MUST be to a scale of either 1:1250 or 1:2500

You can purchase Site Location Plans on-line by using the Councils Get Mapping Ordnance Survey Link, (also

available from our Planning Reception). Alternatively, you can buy a site location plan from the Planning Portal - Site

Location Plan Creator. Plans can also be obtained from Ordnance Survey Super plan agents.

Block Plan

Four copies of a block plan MUST be provided drawn to a scale not less than 1:500. This is a “birds-eye” view of the

proposal, and shows the relationship of the proposed building and adjoining buildings outside of the application site.

Page 4: Bye Laws Final Notes (1)

So often a decision on a planning application will depend on the effect of proposed development on adjoining

properties and it is therefore crucial that this information is provided. This plan can be used to show levels, access,

parking, landscaping and other relevant site information.

Floor Plans

Usually at a scale of 1:100, although if a scale 1:50 is used for elevational drawings it is better to maintain the same

scale throughout the submission.

Elevations

Usually at a scale of 1:50 or 1:100. There MUST be an elevational drawing of all sides of the proposed buildings.

For extensions and elevational alterations, the elevations should illustrate the existing buildings/existing elevations,

and in particular show the relationship between windows and door openings.

Contextual Drawing

If appropriate, you may also be required to provide a contextual drawing showing a street scene of the proposed

development in relation to neighbouring buildings.

Summary of requirements:

ALL plans and drawings should include: unique reference numbers / letters / date (if applicable), paper size,

key dimensions and scale bar indicating a minimum of 0-10 metres. Where possible drawings should not exceed

A3 size and at least 4 copies of all documents should be provided. Drawings and site plans for which scale is

important must be in PDF format (jpegs and tiffs are not an accepted format by this authority).

Please ensure that your submission complies with the following Planning Authority Standards:

1. File Sizes

1. No individual file is greater than 2 Mb.

2. Major Applications can be submitted on CD (with signatures removed) – 4 copies will be required (see above).

2. Plans and Drawings

1. Drawings should be submitted in single layer PDF format.

2. Site Locations plans must be to a scale of 1:1250 or 1:2500 and identify then land to which the application

relates outlined in red and any other land in the same ownership outlined in blue, showing in the direction of

North

3. Block Plans of the site should be at a scale of 1:100 or 1:200 showing any site boundaries

4. Existing and proposed elevations; floor plans; site sections and finished floor and site levels and roof plans

should be at a scale 1:50 to 1:100

5. Where possible drawings in A3

6. List of drawings supplied to include unique drawing reference number, description and paper size.

7. Critical dimensions checked on PDF and are in scale.

3. Other Documents

Page 5: Bye Laws Final Notes (1)

1. Letters, reports must be in Word or PDF format and preferably summarized to A4.

4. Photographs

1. Size of each photograph file to be below 1 Mb.

2. Photographs can be provided on CD’s

3. Photographs to be a maximum size of 15x10cm.

5. Drawings/documents supplied on CD

1. As for Standards 1-4 above.

2. CD’s will not be accepted if the files do not meet these standards.

Architects' Professional Liability

Architects' Professional Liability

Page 6: Bye Laws Final Notes (1)

Introduction

Professionals are required to discharge their obligations and commitments diligently and befitting with quality and standards of services. The laws of the land mandate that the professionals should provide services to the consumers in a required manner exercising duty of care and while doing so they should not commit any negligent act. In order to protect the interest of the consumers against the breach of duty, the deficient services have been defined by the statute and legal actions have been initiated on the erring professionals. The services rendered by architects have also been covered by the relevant laws of the country.

It has been often asked by the Architects why the legal action taken against architects whenever buildings or any other built form collapses of which they are the architects, without inquiring their faults and circumstances leading to the collapse. The suo motu action against architects have brought disrepute, embarrassment and mental agony to them, at a time, when they are unconnected with reasons responsible for the collapse of building.

What is the professional liability of architects for the buildings which have been designed and its construction and completion is supervised by them and thereafter, remain under the control and management of owners/ occupants, and not under the superintendence of an architect who was originally engaged for the design and supervision of construction. In reality, the longevity and stability of the building are dependent upon the observance of safety and maintenance norms.

Although Council of Architecture has prescribed the Conditions of Engagement and Scale of Charges, the question of professional liability of architects during the post completion period of the project remained a vexed question for many years.

It has been the constant desire and earnest request of the professionals that Council of Architecture being a statutory body regulating the Architectural Education and Profession throughout the country, it should formulate guidelines on architect's professional liability. Keeping this end in view, the Council has prescribed guidelines on "Architect's Professional Liability" to make aware of the architects and the owners and occupiers of the buildings in what manner and under which circumstances an architect should be held responsible for the negligent act/ deficient services and at the same time, it highlights the clients/ occupiers' duties and responsibilities to be undertaken by them to preserve the longevity of the building. This document has been approved by the Council of Architecture at its 40th meeting held on 12th & 13th April, 2002, vide Resolution No.302, as guidelines to the Architects and user organisations / individual clients.

Prof. Vijayshrikrishna Sohoni President

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,

Page 7: Bye Laws Final Notes (1)

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.

2.0 Professional Conduct:

An architect shall be required to comply with the standards of professional conduct and etiquette and a code of ethics set out in clauses (i) to (xxv), read with exceptions covered by sub-clauses (a) to (h) of sub-regulation (1) of Regulation 2 of the Architects (Professional Conduct) Regulations, 1989. Violation of any of the provisions of sub-regulation (1) shall constitute a professional misconduct. 3.0 Client's - Owner's/ Occupant's duties and responsibilities:

The Owner - Client shall discharge all his obligations connected with the project and engagement of the Architect in accordance with the Conditions of Agreement as agreed upon. Further, the Client(s)-Owner(s) / Occupant(s) upon completion of the building shall maintain it properly to safeguard and preserve the longevity of the building.

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.

4.3 Exceptions:

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

Page 8: Bye Laws Final Notes (1)

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 owner(s)/occupant(s).

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.

5.0 Professional Negligence and Deficiency in Services - Professional Misconduct :

Any person aggrieved by the professional negligence and/ or deficiency in services provided by the architect, the matter shall be referred to the Council of Architecture under Rule 35 of the Council of Architecture Rules, 1973, to adjudicate whether the architect is guilty of professional misconduct or not.

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.

7.1 Disciplinary action under the Architects Act, 1972

If an architect is found guilty of professional misconduct, he is liable for disciplinary action by the Council of Architecture under Section 30 of the Architects Act, 1972.

Page 9: Bye Laws Final Notes (1)

Conditions of Engagement and Scale of Charges Preamble

Preamble Comprehensive

Architectural

Services

Urban

Design

Landscape

Architecture

Interior

Architecture

Scale of Charges Letter of Appointment

Preamble

Architecture is a social art that touches all human beings at all levels of their existence everywhere and everyday. This is the only discipline, which encompasses the four major fields of human endeavour : Humanities, Science, Art, and Technology, actually putting into practice the professional inputs drawn from them. In sum, Architecture is the matrix of human civilization - an authentic measure of the social status, and an evocative expression of the ethos of an era. When conserved, it is heritage and when in ruins, it becomes archaeology, reconstructing tell-tale pictures of the past civilizations. The demands on the profession over the years have become much more complex in nature and much wider in scope. Architecture uses the philosophic wholesomeness of Humanities, the logical rationalism of Science, the passionate imagination of Art and the inexhaustible resources of Technology. It calls for originality, creativity, conceptualization, perception, aesthetic values, and a holistic judgment of people, places, objects and events.

Architecture is primarily the art and science of designing spaces for serving the multifarious activities of human beings and for meeting their specific needs in a meaningful built environment. When various engineering services are rationally combined with Architecture's basic elements of Space, Structure and Form, the performance of human functions and the operation of mechanical utilities become efficient, pleasant and fulfilling. However, in its broadened scope and baffling complexity, Architecture has generated specializations such as Structural Design, Urban Design, City Planning, Landscape Architecture and Interior Architecture. Retrofitting of Buildings, Architectural Conservation, Construction Management have also lately emerged as specializations. Each of these compliment and support each other.

The primary objective of Structural Design is to evolve a strong, durable and an efficient skeleton so that the space which architecture encloses, and the form in which it expresses itself as interior content and an exterior container, becomes an organic extension of one another. Structure is so fundamental to architecture that it actually determines its two-pronged functions; the utilitarian appropriateness and the expressive power of aesthetics. Structural design as a creative discipline assumes an indispensable position as a natural extension of Architectural Design. Endowed with an extraordinary power of conceptualization and creativity, an architect can conjure up unprecedented structural systems leading to the genesis of design-ideas introducing new concepts of Space and Form. In other words, the architect's contribution to structural design can effectively bring about qualitative change in the built-environment to stimulate the advancement of society towards a higher order of civilization.

Urban Design is architecture of the cities, highly complex and gargantuan in scale. The primary aim of urban design is to imbibe and maintain a sense of identity and harmony among buildings, open spaces and other structures by means of a pleasant and memorable visual imagery throughout the length and breadth of an urban setting. Accessibility at city-level and the movement at all levels must be designed to operate

7.2 Civil and Criminal action in the Courts of Law

7.2.1 The disciplinary action taken by the Council of Architecture against the architect who has been found guilty of professional misconduct does not absolve him of his liabilities under the Code of Civil Procedure,1908 and the Code of Criminal Procedure,1973, if any.

Some of the relevant laws include, The Law of Torts, The Consumer Protection Act, 1986 and The Indian Penal Code 1860, etc.

Page 10: Bye Laws Final Notes (1)

smoothly. Volumetric relationships, harmonious spatial sequences, transition from buildings to open spaces, streetscape and the services infrastructure must together invest a townscape with an exclusive imageability.

Landscape Architecture deals with the analysis, planning, design, management, preservation and rehabilitation of land and also determines the environmental impact. It is a science capable of objective analysis and synthesis leading to an ecologically-sensitive design, which is self-sustainable. It integrates from the very conception, the elements of architecture, urban design and civil engineering for meaningful and practical solutions. Landscape architecture covers a wide spectrum of professional expertise, ranging from landscape planning at the regional and city scale on the one end, to the small and medium scale of public and private landscape at the other. It involves dealing with such sites as office plazas/ public squares, highways, city parks/ national parks, housing developments, institutional campuses, zoological and botanical parks.

In case of Interior Architecture, the primary objective is to generate a purposeful ambience such as would stimulate the user's creative potential through multifarious activities. It must facilitate the individual's sense of orientation, identification and eventual appropriation of architectural spaces, that meld the interiors and exteriors into symbiotic relationships through varied experiences of scale, volume, light and shade. Interiors are not only to protect the users from the extremes of weather but also to nurture them emotionally. Since the interior spaces are truly the life-force of any building, they must be designed (and not decorated) as detailed artistic articulation of the basic architectural concept with deep insight and sensitivity to fulfill the fundamental functional and aesthetic needs that are efficient and pleasant to live and work in. The development of design is a very conscious act and it infuses life into interiors subconsciously. Creativity is the essence of architecture and harmony an essential aim of architects. Architecture that has been recognized as great, in the historic past as well as in our own time, has been harmonious with nature and its immediate environment. These are the essential tenets of design which architects aspire to follow.

Architecture Design essentially is a product of an individual mind but realized through association of experts from allied fields who contribute in the process of construction. Mutual respect and understanding work wonders for ensuring high quality of the end-product.

The architectural profession feels deeply concerned towards national priorities in the fields of energy conservation, ecology, environmental pollution, protection and preservation of architectural heritage and their precincts, low-cost housing, urban renewals, rural upliftment, economic development at local and district levels, etc. in the interest of quality of life both in rural and urban settlements.

The practice of the architectural profession is regulated by the Architects Act, 1972, and the regulations framed thereunder. The Council of Architecture has prescribed the Conditions of Engagement and Scale of Charges under the Architects (Professional Conduct) Regulations, 1989. The documents stipulate the parameters within which the Architect is required to function. These define the responsibilities, the scope of work and services, and prescribe the mandatory minimum scale of professional charges with a view to making the Client fully aware of the duties and services which he may expect from the Architect. The professional services required by the Client may not be comprehensive in scope in all cases and accordingly a clear understanding between the two must be arrived at. The Council of Architecture has prescribed the Conditions of Engagement based on general practice of the profession in India. These documents are applicable to all registered architects and such architects who have specialized in areas such as Structural Design, Urban Design, City Planning, Landscape Architecture, Interior Architecture and Architectural Conservation.

The revised version of these documents reflects the Council's response to the many challenges which the profession of Architecture is facing at present, and is constantly endeavouring to meet them with active concern and unflinching commitment.

* Prescribed under regulation 2(1)(xii) of the Architects Professional Conduct Regulations, 1989. This revised document was approved by the Council of

Architecture at its 40th Meeting held on 12th and 13th April, 2002, vide Resolution No. 303.

Page 11: Bye Laws Final Notes (1)

Comprehensive Architectural Services

1. SCOPE OF WORK

The Architect is required to provide services in respect of the following :

Part I - ARCHITECTURE :

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.

Part II _ ALLIED FIELDS :

1.11 Landscape Architecture

1.12 Interior Architecture

1.13 Architectural Conservation

1.14 Retrofitting of Buildings

1.15 Graphic Design and Signage

2. SCHEDULE OF SERVICES :

The Architect shall, after taking instructions from the Client, render the following services:

CONCEPT DESIGN [STAGE 1] :

2.01 Ascertain Client's requirements, examine site constraints & potential ; and prepare a design brief for Client's approval.

2.02 Prepare report on site evaluation, state of existing buildings, if any ; and analysis and impact of existing and/ or proposed development on its immediate environs.

2.03 Prepare drawings and documents to enable the Client to get done the detailed survey and soil investigation at the site of the project.

Page 12: Bye Laws Final Notes (1)

2.04 Furnish report on measures required to be taken to mitigate the adverse impact, if any, of the existing and / or proposed development on its immediate environs.

2.05 Prepare conceptual designs with reference to requirements given and prepare rough estimate of cost on area basis.

PRELIMINARY DESIGN AND DRAWINGS [STAGE 2] :

2.06 Modify the conceptual designs incorporating required changes and prepare the preliminary drawings, sketches, study model, etc., for the Client's approval along with preliminary estimate of cost on area basis.

DRAWINGS FOR CLIENT'S/ STATUTORY APPROVALS [STAGE 3] :

2.07 Prepare drawings necessary for Client's/ statutory approvals and ensure compliance with codes, standards and legislation, as applicable and assist the Client in obtaining the statutory approvals thereof, if required.

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.

APPOINTMENT OF CONTRACTORS [STAGE 5] :

2.09 Invite, receive and analyse tenders; advise Client on appointment of contractors.

CONSTRUCTION [STAGE 6] :

2.10 Prepare and issue working drawings and details for proper execution of works during construction.

2.11 Approve samples of various elements and components.

2.12 Check and approve shop drawings submitted by the contractor/ vendors.

2.13 Visit the site of work, at intervals mutually agreed upon, to inspect and evaluate the Construction Works and where necessary clarify any decision, offer interpretation of the drawings/specifications, attend conferences and meetings to ensure that the project proceeds generally in accordance with the conditions of contract and keep the Client informed and render advice on actions, if required.

2.14 In order to ensure that the work at site proceeds in accordance with the contract documents/ drawings and to exercise time and quality controls, the day-to-day supervision will be carried out by a Construction Manager (Clerk of Works/ Site Supervisor or Construction Management Agency in case of a large and complex project), who shall work under the guidance and direction of the Architect and shall be appointed and paid by the Client.

2.15 Issue Certificate of Virtual Completion of works.

COMPLETION [STAGE 7] :

2.16 Prepare and submit completion reports and drawings for the project as required and assist the Client in obtaining "Completion/ Occupancy Certificate" from statutory authorities, wherever required.

2.17 Issue two sets of as built drawings including services and structures.

3. PROFESSIONAL FEE :

3.01 In consideration of the professional services rendered by the Architect, he shall be paid professional fee

Page 13: Bye Laws Final Notes (1)

and other charges in accordance with the Scale of Charges.

3.02 Any tax levied by law, such as Service tax, etc. contingent to professional services rendered by the Architect, shall be payable by the Client, over and above the gross fees charged by the Architect in relation to the services provided.

4. SCHEDULE OF PAYMENT :

The Architect shall be paid professional fee in the following stages consistent with the work done plus other charges and reimbursable expenses as agreed upon :

Retainer On appointment/ Signing of Agreement/ Acceptance of offer.

Rs. 20M* or 5% of the total fees payable, whichever is higher, adjustable at the last stage.

Stage 1 On submitting conceptual designs and rough estimate of cost.

10% of the total fees payable.

Stage 2 On submitting the required preliminary scheme for the Client's approval along with the preliminary estimate of cost.

20% of the total fees payable less payment already made at Stage 1.

Stage 3

a. On incorporating Client's suggestions and submitting drawings for approval from the Client/ statutory authorities, if required.

b. Upon Client's / statutory approval necessary for commencement of construction, wherever applicable.

30% of the total fees payable less payment already made at Stages 1 and 2. 35% of the total fees payable less payment already made at Stages1 to 3a.

Stage 4 Upon preparation of working drawings, specifications and schedule of quantities sufficient to prepare estimate of cost and preparation of tender documents.

45% of the total fees payable less payment already made at Stages1 to 3a.

Stage 5 On inviting, receiving and analysing tenders; advising Client on appointment of contractors.

55% of the total fees payable less payment already made at Stages 1 to 4.

Stage 6

a. On submitting working drawings and details required for commencement of work at site.

b. i. On completion of 20% of the work

ii. On completion of 40% of the work

iii. On completion of 60% of the work

iv. On completion of 80% of the work

v. On Virtual Completion

65% of the total fees payable less payment already made at Stages 1 to 5. 70% of the total fees payable less payment already made at Stages 1 to 6a. 75% of the total fees payable less payment already made at Stages 1 to 6b(i). 80% of the total fees payable less payment already made at Stages 1 to 6b(ii). 85% of the total fees payable less payment already made

Page 14: Bye Laws Final Notes (1)

at Stages 1 to 6b(iii). 90% of the total fees payable less payment already made at Stages 1 to 6b(iv).

Stage 7 On submitting Completion Report and drawings for issuance of completion/ occupancy certificate by statutory authorities, wherever required and on issue of as built drawings

100% of the fees payable less payment already made at various stages and retainer.

* Refer explanatory note 3 under Scale of charges.

5. EFFECTING PAYMENT TO THE ARCHITECT :

5.1 The fee payable to the Architect shall be computed on the actual cost of works on completion. The payment due to the Architect at different stages be computed on the following basis:

5.1.1 Retainer : On rough estimate of cost.

5.1.2 At Stage 1 : On rough estimate of cost.

5.1.3 At Stages 2 to 4 : On preliminary estimate of cost.

5.1.4 At Stages 5 to 6b : Accepted tender cost.

5.1.5 At Stage 7 : Actual total cost.

5.2 Progressive, on account, payments shall be made by the Client to the Architect against any of the above stages based on the quantum of work done during that stage, as may be mutually agreed to between the Client and the Architect.

5.3 No deductions shall be made from the fee of the Architect on account of penalty, liquidated damages, part rates or other sums withheld from payment or recovered from contractors/ suppliers.

5.4 When the work is executed wholly or in part with old materials or labour or carriage is provided by the Client, the percentage fees shall be calculated as if the work had been executed wholly by the contractor supplying all labour and new materials.

5.5 The actual cost of the completed works shall include cost of execution of assigned works, referred to in Scope of Work and also the cost of equipment & machinery such as Transformers, DG Sets, Sub-stations, Lifts, Air Conditioning Machines, Pumps & Motors, Water and Sewage Treatment Plant, etc., but excluding the cost of land.

6. DOCUMENTATION AND COMMUNICATION CHARGES :

Apart from the professional fee, the Client shall pay to the Architect Documentation and Communication charges, @ 10% of the professional fee payable to the Architect at all stages.

7. REIMBURSABLE EXPENSES :

Page 15: Bye Laws Final Notes (1)

In addition to the amounts reimbursable against site visits by the Architect/ Consultant, the Client will reimburse the Architect the following expenses incurred by him for discharge of his obligations:

7.01. Actual cost of travel (to & fro), boarding & lodging and local transport for any visit made by his staff to the site or such other place as may be necessary in connection with the execution of work and in connection with the performance of duties referred to in this agreement.

7.02. Cost of presentation models, computer simulation, presentation drawings, etc., prepared at the instance of the Client for purposes other than the Design and execution of the project.

8. CLIENT'S ROLE AND RESPONSIBILITIES :

The Client shall discharge all his obligations connected with the project and engagement of the Architect as follows:

8.01 To provide detailed requirements of the project.

8.02 To provide property lease/ ownership documents.

8.03 To provide a site plan, to a suitable scale, showing boundaries, contours at suitable intervals, existing physical features including any existing roads, paths, trees, existing structures, existing service and utility lines and such lines to which the proposed service can be connected. In case such information is not readily available, the Client shall arrange for the survey/ collection of necessary information and pay for the same.

8.04 To furnish reports on soil conditions and test as required by the Architect or pay for the preparation of the same.

8.05 To furnish specific conditions/ Statutory stipulations/ Codes of Practice/Schedule of rates, etc., desired to be followed.

8.06 To pay all the fees, levies, security deposits and expenses in respect of statutory sanction.

8.07 To give effect to the professional advice of the Architect and cause no changes in the drawings and documents without the consent of the Architect.

8.08 To honour Architect's bills within one month of its submission.

8.09 To appoint a Construction Manager (Clerk of Works/ Site Supervisor or Construction Management Agency in case of a large and complex project) as per the Architect's advice.

9. 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 Time Schedule (Bar Chart/PERT/ CPM Network) prepared by the contractors for the completion of work, if required.

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,

Page 16: Bye Laws Final Notes (1)

involving financial implications without prior consent of the 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 2, 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.

10. TIME SCHEDULE :

The Architect shall, in consultation with the Client, prepare a Time Schedule in respect of various services to be rendered and discharge of Client's obligations.

11. INDEMNIFICATION :

In the event that a claim or suit is brought against the Architect or the Consultants by any third party for damages arising from personal injury or property damage caused wholly by the Client, or anyone employed by the Client, or anyone for whose acts the Client may be held responsible, then the Client shall indemnify the Architect and fully reimburse any loss, damage or expenses, including the attorney's fees, which the Architect may incur in connection therewith.

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.

13. TERMINATION OF AGREEMENT :

13.1 Agreement between the Architect and the Client may be terminated by either one giving the other a written notice of not less than 30 (thirty) days, should either fail substantially to perform his part of responsibilities/duties, so long as the failure is not caused by the one initiating the termination.

13.2 When termination of this Agreement is not related or attributable, directly or indirectly to any act, omission, neglect or default on the part of the Architect, the Architect shall be entitled to professional fees as stipulated under Clause 4 and sub-clauses 9.09 and 9.11 of Clause 9.

13.3 In the event of Architect's firm closing its business or the Client having terminated the agreement, the Client shall have the right to employ another Architect to complete the work, after making payment to the previous architect's firm.

14. INTERPRETATION :

In case of any ambiguity or difficulty in the interpretation of the Conditions of Engagement and Scale of Charges, the interpretation of the Council of Architecture shall be final and binding on the Architect and the

Page 17: Bye Laws Final Notes (1)

Client.

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.

Competition Guidelines

Sch

edu

le 2

Preface

Purpos

e

Guidelin

es

Registration

Procedure

Model

Forms

Schedu

le1

Schedu

le2

Schedul

e 3

Schedule 4

Schedule

5

Schedule6

Preface

Architectural Competitions have a long history, and have produced many extremely successful buildings. They attract great public interest, and have led to the discovery of new talent and new ideas, that could only be found by throwing an architectural project wide open to competition. The Council of Architecture Competition Guidelines provide a new uptodate code that safeguards the interests of promoters and of architects, and bring the system into line with present-day conditions.

To many clients - the choice of an architect presents no difficulty, but to many others the choice is not easy. The client's desire to see the sketch designs of several architects before he commissions him is understandable, but to ask an architect to submit a sketch design is to ask him to do the essential creative work for which he should be properly paid. If more than one or two architects are commissioned payment to each would be expensive. Architects, however, are allowed to compete against each other without charging a fee in an open architectural competition held under Council of Architecture Guidelines.

The architectural competition is a balance of advantages. Architects who would not have been considered in the normal way for an important commission, perhaps for a building of national importance have an opportunity to prove their talent and ability.

Many architects regard competitions as a valuable opportunity for research, perhaps for the study of a new building type, or for exploring the possibilities of new technical ideas and for gaining new experience. On the other hand, the profession's willingness to allow its members to compete without fee is a remarkable concession to the promoter without parallel in any other profession.

For the promoter also, there is balance of advantages. A competition will cost him a little more than if he had commissioned an architect privately and it will take a little more time. But this must be balanced against the chance to draw upon the talents of all those who respond to the architectural challenge, and the possibility than an outstanding design will emerge. He is making a public demonstration that he cares about architecture, and can take legitimate pride in his determination to find the best architect and the best design he can get. He will be rewarded with a greater public interest than is generally shown in new buildings.

Competition Guidelines as laid by the Council of Architecture protects and safeguards the interest of both the promoter and the competitors. While ensuring the promoter a design of high standard, it also ensures that each competitor competes on like conditions and within the same limitations.

The purpose of these Guidelines is to explain the architectural competitions system, and to help the client who is thinking of promoting a competition to make up his mind whether a competition is the right answer to

Page 18: Bye Laws Final Notes (1)

his architectural problem, and, if so, which kind of competition would be suitable. It also tells, a would be promoter how competitions are organised, and what are the responsibilities of promoter.

Purpose Architectural Competitions give the promoters a choice from the best viable project of high standard with a variety of approaches.

Competition brings out a wide range of ideas and concepts and gives the promoter the choice of selecting that which fits into his specific requirements.

One of the principal aims of the competition is to explore hidden talents among younger Architects. To many competitors, it often is the first step to a successful career.

Competition Guidelines as laid down by the Council of Architecture protect and safeguard the interests both of the promoter and the competitor.

While ensuring the promoter a design of high standard and adjudged as such by prominent Architects acting as Assessors, it also ensures that each competitor competes on like conditions and within the same limitations.

Both the promoter and the competitor are assured by these guidelines that the entries will be judged only by those who are qualified to interpret the competitors' presentations and to judge if the design selected meets with the promoter's requirements.

The guidelines therefore lay considerable emphasis on the mandatory requirement of Assessors and the qualifications.

The appointment of the Assessors should therefore be the immediate and first step the moment the promoter decides to go in for a competition. The President of the Council of Architecture, if so requested by the promoter, may suggest a panel of names experienced in this type of project proposed, for appointment as Assessors. Their responsibilities commence with the approval of the brief of the competition project. The Assessor may even help to prepare the brief.

For practical reasons, this responsibility is often taken by the Senior Assessor who would then be available to advise the promoter on all matters connected with the competition from the promoter's decision to hold the competition till the final award.

Briefly the Assessors (or the Senior Assessor) will:

1. Assist in the preparation and approval of the brief. 2. Study and understand the requirements of the Local Authorities 3. Visit and examine the project site, if necessary. 4. Advise on the appointment of the Technical Advisers, if necessary. 5. Finalise the competition conditions. 6. Prepare the final report/award.

The project brief is the most important document. The success of the competition will depend upon the clarity and the completeness of the brief. This can be achieved by a very close cooperation between the Promoters and the Assessors (or the Senior Assessor) in the preparation and finalisation of the brief.

Further the participation of the Assessors in the preparation of the brief will enable them to understand fully the intent of the promoter. Also as qualified Architects they would be capable of visualizing the development with reference to the promoter's requirements, site conditions etc. and in interpreting the competition entries in these terms.

For complicated projects such as Hospitals, Airports etc. which are under constant development or projects encompassing highly technical elements, a Technical Adviser would be considered necessary in the initial stage to help the Promoter and the Assessors to draw up the brief and subsequently to advise the Assessors

Page 19: Bye Laws Final Notes (1)

on the technical aspect of the competition entries.

Once the promoter's requirements, the site conditions, the requirements of the local authorities etc. have been formulated into the competition brief, the Assessors (or the Senior Assessor) can advise the promoter on the type of competition that should be promoted.

Schedule 1 of the Competition Guidelines describes in detail the types of competitions, which could be adopted and successfully conducted.

The conditions for Architectural competition given in Schedule 3 specifies the procedure to be followed by the promoter for conducting competitions and these conditions have been drawn up to ensure that each competitor competes on similar conditions, that the selection is based entirely on merit, that in appreciation of the effort that would be put in by each competitor suitable and adequate prize monies and honoraria are assured, that anonymity of the competitor is maintained during the competition and that each competitor enjoys Copyright and Right of Ownership.

Response from well established Architects as well as large number of young Architects to an open competition can best be assured by wide publicity. This is all the more essential for projects which are of public interest.

Publicity could begin with the invitation of Architects to participate through widely read media. This could be followed by press conferences and finally by the publication of the Assessor's report and public exhibition of all the entries.

Guidelines

INTRODUCTION

The purpose of these Guidelines is to indicate the principles upon which competitions will be conducted and the rules which must be observed by a promoter for conducting competitions.

These guidelines have been drawn up in the interest of both the promoter and the competitor and to ensure that the architectural competitions are properly conducted and that selection of the design will be on merit alone and will satisfy the promoter's requirements.

The Code of Professional Conduct of the Council of Architecture does not allow Architects to give unpaid services in competition with each other and competitive designs shall only be submitted through competition organised within the framework of these guidelines.

GUIDELINES :

ARTICLE 1 : ELIGIBILITY TO COMPETE:

Participation in any and all competitions shall be open to:

1. Architects i.e those who are registered with the Council of Architecture under the Architects Act, 1972 on the date of announcement of the competition and thereafter.

2. Firms in which all the partners shall be registered with the Council of Architecture under the Architects Act, 1972 on the date of announcement of the competition and thereafter.1

3. Students of a Teaching Institution, the qualifying examination of which is recognised by the Council of Architecture provided that no member of the staff of the said institution is the sole Assessor or in a jury of three or more Assessors, only one Assessor is from the staff of the said institution.

4. Neither the Promoter of the competition, Assessor/s engaged for the competition nor any of their associate, partner or employee shall compete, assist a competitor or act as an architect or joint architect for the competition project.

Competitor may be requested to submit a proof of qualification, copy of his valid Registration certificate issued by the Council of Architecture, and in case of a student, a certificate from the head of his institution

Page 20: Bye Laws Final Notes (1)

which is qualified as per 3 above.

ARTICLE 2 :Competition

1. The word 'Competition' shall apply to any competition described in Schedule 1 and participation shall be open only to those qualified as per Article 1.

2. The draft competition conditions including time table, registration fees, prize monies/honoraria, board of assessors, the programme etc. of competitions shall have been finalised within the framework of the guidelines prescribed by the Council of Architecture before any announcement is made by the promoter of the competition.

3. The conditions of the competitions shall clearly give: Conditions based upon guidelines prescribed by the Council of Architecture. Type of Competition. Purpose of the competition and intentions of the promoter. Nature of the problem to be solved. All practical and mandatory requirements to be met by the competitors. Number, nature, scale and dimensions of the documents, plan and/or models. Estimates if required in standard form issued with the conditions. Nature of prizes. Names of Assessors. Necessary information required for conducting the competition.

4. The competition shall be conducted in English. 5. All competition designs shall be submitted anonymously.

ARTICLE 3 :BOARD OF ASSESSORS:

The Board of Assessors shall at all times include Architects who are registered with the Council of Architecture and shall be in a majority of atleast one.

ARTICLE 4 : Prizes, Honoraria & Mentions :

No competition shall be conducted without adequate premium/honoraria and the competition conditions and the media announcements must state the amounts and number of prizes for the open competition and the amount of premium or honorarium to each competitor in a limited competition and in the second stage of a two stage competition.

ARTICLE 5 : Copyright & Right of ownership :

i. Each competitor shall retain Copyright in his own competition design. ii. Each competitor shall retain the right of reproduction of his own competition design.

ARTICLE 6 :

All competition designs including those disqualified by the Board of Assessors shall be exhibited for atleast one week, together with a copy of the signed report of the Board of Assessors. The exhibition shall be open to public free of charge.

1Amended by the Council of Architecture at its 38th Meeting held on 26th & 27th July, 2001.

Registration Procedure It is extremely important for competitors who may be asked to pay substantial registration fees to know exactly when they are registered and under what conditions the registration fee will be refunded. It is also important for intending competitors to receive sufficient information when they are invited to apply for the competition conditions to enable them to judge whether the competition falls within the guidelines for architectural competition of the Council of Architecture and whether they are capable of tackling the problem

Page 21: Bye Laws Final Notes (1)

set by the competition.

The Council of Architecture recommends 3 parts Procedure:

PART I

A descriptive leaflet and / or an advertisement in general and professional media. These should include the following information:

1. Name of the Promoter 2. Purpose and nature of the competition. This should be carefully worded to give a clear idea of the

scope of the project whether it is a project or an ideas competition, single or 2 stage competition and the type of material that a competitor would be asked to submit.

3. The prizes (or honoraria) 4. Names of Assessors 5. Persons eligible to compete 6. An approximate time table 7. The procedure for registration, the last date for registration and the date by which the competition

conditions would be made available by the promoter.

Copies of this leaflet with a registration form attached (see model form) should be available from the promoter.

PART II

An intending competitor makes an application the bodies listed in the advertisement/leaflet for the registration form, completes the registration form as per the instructions given on the form and sends it by registered post to the promoter together with the registration fee (if any).

The registration form should be sent by the intending competitor within the time stipulated. It will establish his eligibility to compete. The registration is only complete when the promoter accepts the competitor's eligibility by placing his name on the competition register and informs him in writing accordingly.

PART III

The competition condition will be sent to the intending competitor by the promoter only when his eligibility is established and his name is entered in the competition register.

REGISTRATION FORM

(All entries in block letters)

Registration No. ...............................................................................

OR Name of Educational Institution:

.............................................................................................

.............................................................................................

Page 22: Bye Laws Final Notes (1)

Year of Study.........................................................

Competitor (s)/ Name (s) (1) Mr. / Ms.......................................................................

(Surname) (1st Name) (2nd Name)

(2) Mr. / Ms. ......................................................................

( Surname) ( 1st Name) ( 2nd Name)

(3) Mr. / Ms .......................................................................

( Surname) ( 1st Name) ( 2nd Name)

Address: (In case of entry by a team, give the address of the first mentioned personwho will be registered by the promoter as a leader.)

.................................................................................................

.................................................................................................

.................................................................................................

Registration fee (By Demand Draft Demand Draft for Rs. ...................................................(enter amount)

in favour of

......................................................) no .......................................... dated .................................................

(indicate name of promoter) drawn on ......................................................(enter name of the Bank)

payable at

.........................................

(enter name of the city)

Declaration : (To be signed by Competitor i.e. an individual Architect or one of the partners of a firm of Architects or leader of a team of Architects)1

I declare that at the time of application to register for the competition, I was registered with the Council of Architecture incorporated under the Architects Act 1972 and that the Registration with the Council of Architecture will be maintained, till the award of the Board of Assessors and thereafter till the completion of

Page 23: Bye Laws Final Notes (1)

the project if I am declared and appointed as the Architect for the project.

OR

I declare that at the time of application to register I was studying Architecture in the____________ (indicate year of study) year of Architecture at the __________________________(Indicate name of educational institution) (Optional clause if students are admitted).

Signature....................................................

Date...........................................................

Notes:

i. Registration is not transferable. ii. Ideas competitions: Students may register either individually or in team with other students. iii. Two Stage and Single Stage competitions: Students are not permitted to register and may therefore

only participate in association with an accredited architect.

Title of Competition (Enter name of project and location)

1 Amended by the Council of Architecture at its 38th meeting held on 26th & 27th July, 2001.

Schedule 1 Type of Competitions

1. PROJECT AND IDEAS COMPETITIONS

Competitions may be either "Projects" or "Ideas" competitions or in certain circumstances a combination of both. The aim of a Project competition is to find the best solution for an actual building project and to appoint its author to carry out the commission. Competitions of Ideas are set as an exercise to elucidate certain aspects of architectural and town planning problems. The winner of such a competition may not be commissioned to carry out the project, and hence students of architecture may participate at the discretion of the promoter.

2. CLASSIFICATION OF COMPETITIONS (I) OPEN COMPETITIONS

Competitions in which all Architects are invited to participate through an announcement by advertisements in suitable media and through circulars which may be issued by the promoters.

Open competitions for projects estimated at less than Rs. 10,00,000/-may be restricted to Architects who have their main or branch office in the State of the project site.

(II) LIMITED COMPETITIONS FOR COMPETITIONS BY INVITATION

Competitions in which limited amount of Architects (approx. 5 to 8) selected by the promoter on the advice of the Senior Architect Assessor or Board of Assessors, are invited to participate. Each participant who submits his designs shall receive an honorarium.

(III) SPECIAL COMPETITIONS

Page 24: Bye Laws Final Notes (1)

Besides competitions described in (i) and (ii) above a competition may also combine town planning as well as design problem, and may involve the use of industrial components or participation of developers. In such competitions participation may be required to be limited to professionals or group of professionals with certain definite expertise. In such cases the competition announcement shall clearly define the field of expertise.

3. COMPETITION ORGANISATION

Competitions may be organised in one or two stages.

(I) SINGLE STAGE COMPETITION

In single stage competition the competition entries shall be fairly complete drawings i.e. plans, section, elevations, etc. to a suitable scale

and sufficient to explain the scheme as set out in the competition conditions.

The designs so submitted shall be assessed by the Assessors for the award of the prizes and the appointment of the architect.

Such competitions are recommended for small and simple project.

(II) TWO STAGE COMPETITIONS

In two stage competition, the first stage is for soliciting ideas and therefore the competition entries at this stage would be limited to planning on broad basis and drawings to a suitable scale sufficient to indicate the intentions of the competitor.

Designs submitted in the first stage shall be assessed by the Assessors for selecting a small number of competitors (between 5 and 10). The author of these selected designs will be invited to take part in the second stage of the competition, and each architect so invited would be paid a specified sum.

In order to maintain anonymity, each competitor will be informed individually whether he has been or has not been invited to participate in the second stage. Correspondence in this respect will be the responsibility of the Promoter or Professional Adviser, if appointed. It will also be his responsibility to ensure that the names of those invited and those rejected are not revealed either to the assessor or to any person.

To ensure this anonymity the envelopes containing the names of the competitors shall be opened by the Promoter or Professional Adviser if appointed. After the intimation has been sent to each competitor they shall be resealed until the final award.

After the end of the first stage, the Board of Assessors, may, if found necessary and with the approval of the Promoter, clarify or amplify points in the competition conditions for the benefit of the second stage competitors. Such clarification or amplification shall not in any way disclose directly or indirectly or even inadvertently any of the designs submitted in the first stage to those invited for the second stage.

The period between the Assessors award for the first stage and submission of designs for the second stage shall not exceed six months. Only under exceptional circumstances period may be extended.

The second stage of the competition may be limited to only a part of the subject dealt with in the first stage.

Members of the Board of Assessors shall be the same for first stage and second stage of the competition.

The designs submitted for both the first stage and the second stage shall be exhibited and/or published only after the final award of the second stage competition.

If any design selected for the second stage is published or exhibited before the final award of the second

Page 25: Bye Laws Final Notes (1)

stage has been declared, it will be disqualified.

Two stage competitions are recommended for town planning and for large scale or complex project.

III. REGIONAL SPECIAL CATEGORY COMPETITIONS

This type of competition is intended for small projects of charitable organisations in which four to six local firms will compete for the appointment as the Architect.

No premiums are given and the winner shall be appointed to carry out the project.

Schedule 2 Advisers

(I) TECHNICAL ADVISER

Where appropriate and necessary the promoter shall in consultation with the Senior Architect Assessor/Board of Assessors appoint one or more technical advisers to assist in the preparation of the brief for the competition project and to advise the Board of Assessors, only when called upon to do so, on the competition design entries.

The advise of the technical adviser will be limited to his expertise and he will have no voting rights.

(II) PROFESSIONAL ADVISER

For a two stage competition a Professional Adviser who shall be an Architect registered with the Council of Architecture may be appointed. He will not be connected with the Board of Assessors or attend any of its meetings.

It will be the responsibility of the Professional Adviser to maintain the anonymity of each competitor and those selected for the second stage of the competition.

On completion of the first stage of the competition the sealed envelopes containing the names of the competitors shall be opened only by the Promoter or Professional Adviser if appointed and he shall without disclosing any of the names to anyone inform each competitor individually whether he has or has not been invited for the second stage. All the envelopes shall then be resealed by the Professional Adviser/Promoter till the final award.

If after the first stage, the Board of Assessors wish to clarify or amplify any aspect of the competition project, such clarification or amplification shall be conveyed to the competitors selected for the second stage only by the Professional Adviser/Promoter.

Schedule 3

Conditions for conducting architectural competitions

Careful preparation of the competition conditions including schedule of requirement shall be of primary importance for the success of the competition and as such adequate time shall be allowed for this phase of the competition.

1. CONTRACTUAL OBLIGATION

i. The publication of competition shall constitute an offer of a contract by the promoter, and, by submission of design for the competition, the competitor accepts this contract.

ii. The competition condition together with any replay to the competitor's questions constitute a legal basis for this contract which is legally binding on both the promoter and competitors.

Page 26: Bye Laws Final Notes (1)

2. GENERAL CONDITIONS

i. The competition project brief and the conditions of the competition may be prepared by the promoter in consultation with the Senior Architect Assessor. They shall however be approved by the Senior Architect Assessor and the Board of Assessors before publication and issue to the competitors.

ii. The conditions including the programme of requirement of the competition shall be identical for all competitors. A copy of complete competition conditions shall be filed with the Council of Architecture. Answers to the competitor's questions shall also be sent to the Council of Architecture for their record.

iii. The conditions shall clearly indicate which of the requirements are mandatory and which could be freely interpreted by the competitor.

The freedom in case of the latter shall be as wide as possible.

iv. The information supplied to the competitors shall be specific and shall not be open to misinterpretation. Supplementary information if any issued by the Board of Assessors shall be sent to all the competitors simultaneously.

v. Draft of the conditions of competitions approved as per (i) above shall be submitted to the Council of Architecture for information before publication and issue to the competitors.

vi. The conditions of the competition shall indicate the promoter's priorities with reference to the solution of the problem (e.g. functional aspects, economy of construction or in use, solution to technical or circulation problems etc).

vii. The condition of the competition shall state the exact use to which the promoter will put the winning design. Designs shall not be put to any other use or altered in any way except by agreement with the author.

viii. Where a fixed amount is required to be remitted to with the promoters by the applicants for the 'Conditions of the Competition', it shall be refunded in full to the applicant if he decides not to compete and return the "Conditions of the Competition" in full within four weeks prior to the date of submission of the design.

Submission of design in Competition shall imply acceptance, by the competitor, of the conditions of competition.

ix. Each design shall be accompanied by a declaration on the prescribed form signed by the competitor in a properly sealed envelope that the design is his bonafide work and that the drawings have been prepared under his supervision and that he undertakes to accept the award of the Assessors as final and binding.

x. In case two or more architects form an association for the purpose of the competition then there shall exist a partnership deed for the purpose of carrying out the project in the event the said association wins the competition. Reference to this partnership must be made in the form of declaration.

xi. The Board of Assessors must make awards which shall be final and binding and shall be made public by a date stated in the conditions.

xii. The Board of Assessors when making an award may at its discretion adopt "promoters' choice".

In this procedure the Board of Assessors shall select not more than three designs which in their opinion are of equal merit and the selection of the winning design from the designs so selected by the Assessors could be made by the promoter.

The promoter may for making the final selection discuss with the authors of the selected designs their respective entries.

3. PRIZE MONEY & HONORARIA

Page 27: Bye Laws Final Notes (1)

i. The condition for any competition must state the number of prizes and the amount of each prize money. This must be related to the size of the project, the amount of work involved for the competitors and the expenses he would incur for the preparation for the competition.

ii. In Ideas competition and in competitions such as those for Town planning, where subsequently the work is generally carried out by official bodies, it is particularly important to allot adequate prize money to recompensate the competitors for the ideas and the work they have done.

iii. The promoter shall undertake to accept the decision of the Board of Assessors and to pay the prize monies within one month of the announcement of the competition results.

iv. Each participant in a limited competition (or competition by invitation) shall receive an honorarium.

v. In a two stage competition a reasonable honorarium shall be paid to each of the competitors selected to take part in second stage. This sum which is intended to be reimbursed to them for the additional work carried out in the second stage shall be stated in the conditions for the competition.

4. ANONYMITY The anonymity of the competitors shall be maintained until the final award of the Board of Assessors and in the interest of the competition, rigorous measures shall be taken to ensure that this principle is adhered to. No competitor shall terminate his anonymity in any way whatsoever till the final award. The anonymity of each competitor shall be guaranteed by adopting suitable measures.

5. COPYRIGHT & RIGHT OF OWNERSHIP

i. Each competitor shall retain copyright in his own competition design.

ii. The competition design awarded the first prize only shall be used by the promoter upon commissioning by him the author of the said design to render professional services to carry out the project.

iii. No other design whether premiated or not shall be used wholly or in part by the promoter.

iv. The promoter's right on the design awarded the first prize or the designs selected covers one execution only. The competition conditions however may provide for repetitive work and shall specify the terms thereof.

v. Each competitor shall retain the right of reproduction of his design.

6. INSURANCE

The promoter shall insure for damage or loss by fire, floods, or by any other reason Competitor's design drawings submitted in competition when he assumes responsibility for them and for the duration of his responsibility and also for loss during transit when the design drawings are being returned to the competitor. The amount of such insurance shall be stated in the competition conditions.

7. COMPETITION TIME TABLE

i. The notice of competition shall clearly indicate the last date for application for the competition conditions and the last date for submission of the design drawings.

ii. The conditions of the competition shall clearly indicate:

The last date for submission of questions.

Approximate date when the answers to the questions will be sent to the competitors.

The final date for the despatch of entries by the competitors and for the receipt of the same by the promoter.

Sufficient time shall be allowed for transport, more particularly for open competitions where the competitors

Page 28: Bye Laws Final Notes (1)

will be from all over the country.

The interval between the date of despatch and the date of delivery of the entries to the promoter should be between five and ten days.

In case of late delivery of the entry despatched before the last date for despatch, it will be the responsibility of the Board of Assessors to decide whether the entry was despatched in accordance with the competition time table and if circumstances can permit its admission for judging.

iii. The competition time table shall under no circumstances be shortened.

iv. The Board of Assessors shall decide upon the judging dates at the early stage of the competition and the date of announcement of the awards shall also be included in the conditions of the competition.

In case of two stage competitions however the conditions of competition shall indicate dates limited to the first stage only.

All the dates in respect of the second stage shall form part of the conditions with reference to the second stage.

v. In case of unavoidable delay in judging, a new date shall be fixed by the Board of Assessors which shall be confirmed by all its members and publicly announced.

8. COST ESTIMATES

The competitors may be required to submit cost estimate of their design on areas or volume basis. The cost estimate shall however not be a determining factor in the Assessors' decision except where cost limits have to be rigidly imposed and is so stated in the competition conditions.

9. TERMINATION OF THE COMPETITION

The promoter may terminate the competition if in the opinion of the Board of Assessors none of the competition designs could be declared as a winning entry. In this event the promoter under the advice of the Board of Assessors shall award second, third and additional prizes as declared and none of the competitors will be considered for appointment as the architect for the project and the promoter will not be liable to make any further payments to any of the competitors.

10. APPOINTMENT OF ARCHITECT

i. The award of the first prize to the competition design places the promoter under an obligation to appoint its author as the architect for the commissioning of the project.

ii. If the Board of Assessors shall be satisfied that there is a valid objection to the appointment of the author of the winning design as the architect he may be required to associate with a senior architect or a firm of architects of his choice whose qualifications shall be approved by the Board of Assessors. Failing this the design placed next on merit shall be selected for commissioning and its author shall be appointed as the architect subject to similar conditions.

The award of the Board of Assessors shall not be varied for any reasons.

iii. If no instructions are given to the author of the design selected by the Assessor to proceed within twelve months from the date of the award, then he shall receive payment for his services in connection with the preparation of the Competition drawings of a sum equal to 1.00 percent on the amount of the estimated cost. The first premium shall be deducted from the sum so paid. If the work is subsequently proceeded with, this sum shall from part of his ultimate fee.

If within twelve months of the award, the promoters shall decide to proceed with part of the work only, the author of the selected design shall be paid including the premium and in addition to the scale of fees on the work, which is being carried out a sum equal to 1.00 percent on the difference between the cost of the work

Page 29: Bye Laws Final Notes (1)

carried out and his estimate of cost of the total project which sum shall also merge into the commission when the remainder of the work is subsequently executed.

iv. The selected Architect having been appointed to carry out the work shall be paid in accordance with the Schedule of Charges determined and published by the Council of Architecture in consultation with the Promoters, and the premium already paid shall be deemed to be a payment on account.

11. EXHIBITION OF ENTRIES

i. All competition designs including those disqualified by the Board of Assessors shall be exhibited for atleast one week together with a copy of the signed report of the Board of Assessors. The exhibition shall be open to public free of charge.

ii. The promoter shall notify all the competitors and shall also announce in suitable media the days and place of the public exhibition of the competition.

iii. The promoters shall submit to the Council of Architecture a copy of the signed report of the jury and if requested photographs of the premiated designs for possible publication.

12. RETURN OF DESIGN DRAWINGS

All drawings, plans, models etc. submitted by the competitor except those of the winning design shall be returned by the promoter at the end of the public exhibition at his own cost. The drawings, plans, models of the winning design shall be returned to its author on being appointed as the Architect for the Project or after six months from the date of announcement of the award by the Board of Assessors whichever is early.

Schedule 4 Board of assessors

1. The Board of Assessors shall be set up before the promotion of the competition. Their names and those of the reserve members of the board, if any shall be stated in the competition conditions.

2. The Board of Assessors shall be composed of a smallest reasonable number of assessors which number shall be an odd figure.

3. The size of the Board shall depend upon the size of the competition project and preferably the number of Assessors shall not exceed seven.

4. Of the total number of Assessors the number of Assessors who shall be Architects and registered with the Council of Architecture shall be in a majority of at least one.

5. The number of Assessors representing the promoters shall not exceed two.

6. Each member of the Board shall examine and approve the competition conditions before they are made available to the competitors.

7. The Board of Assessors may invite Technical Advisers as experts in specialised fields to assist in the assessment of competition entries. Such Technical Advisors shall not have any voting rights.

8. It is essential that atleast 2/3rd of the voting members of the Board shall be present at all meetings of the Board. The Board shall elect a Chairman from among its members.

9. In the event of death of an Assessor before or during the assessment of the competition or his inability to continue to act on account of illness or any other cause, another Assessor shall be appointed in his place by the promoters without affecting the majority of atleast one, of the Assessors who are Architects and registered with the Council of Architecture.

Page 30: Bye Laws Final Notes (1)

10. No promoter of the competition and no assessors engaged upon it nor any partner, associate, or employee of either shall compete or assist a competitor, or act as architect or joint architect for the project.

This regulation shall not be applicable to:

a. Staff or present students of an Institution of which a member of the regular teaching staff is on the Board of Assessors provided he is not the sole Assessor and the Board consists of two or more Assessors of whom only one is a member of the teaching staff of this or any other Institution.

b. Employees of a Government, Semi-Government or a Public Sector organisation of which one of its employees is on the Board of Assessors provided he is not the sole Assessor and the Board consists of three or more Assessors of whom only one is such an employee.

11. In two stage competitions, the same members of the Board shall judge both stages of the competition. In no case may a competition as a single stage competition proceed to a second stage except with knowledge of the Council of Architecture and arrangement for payment of appropriate honoraria to the competitors involved, over and above the prize money provided for in the original competition. In the event of such a secondary competition taking place, the Assessors appointed for the original competition must be reappointed by the promoters.

12. Any drawings, photographs, models or other documents not required by the competition condition shall be excluded by the Assessors before examining the competitors' entries.

13. The Assessors shall disqualify any design which does not conform to any of the conditions, instructions or requirements of the competition.

14. The Board of Assessors must make an award. The award shall be final and shall be made public in open competitions, and intimated individually to all those participating in limited competition, by a date stated in the conditions. The Board of Assessors when distributing the award money shall make full use of the amounts set aside for prizes in the competition conditions. In an ideas competition, a first prize shall be awarded.

15. The decision of the Board of Assessors shall be taken by a majority vote with a separate vote on each entry. The award including the Assessors report to the promoter, shall be signed by all the members of the Board before they disperse.

16. The decision of the Board of Assessors regarding selection and placement of competition design shall be final and binding on the promoter and all competitors and shall be reached by a majority.

17. The Board of Assessors will make its award known to the promoter in a formal statement signed by atleast a simple majority of its members. The statement will indicate the number of designs examined and the order of the prizes awarded. This statement must be completed before the envelopes are opened and the Assessors disperse.

18. The fees, travel expenses and out of pocket expenses of the members of the Board shall be paid by the promoter.

Schedule 5 Prizes and honoraria

Award

Project upto

built up area

5000

sq.m(Rs.)

Project with

built up area

above 5000

sq.m and upto

10000 sq.(Rs.)

Project with

built up area

above 10000

sq.m and upto

250000

sq.m(Rs.)

Project with

built up area

above 25000

sq.m(Rs.)

1. OPEN COMPETITION

i. First prize (To be adjusted

125M

250 M

500 M

1000M

Page 31: Bye Laws Final Notes (1)

in professional fees)

ii. Second prize

75 M

150 M

300 M

600 M

iii. Third prize

50 M

100 M

200 M

400 M

iv. Merit prizes upto 5 each

10 M each

20 M each

40 M each

80 M

2. LIMITED COMPETITION

Minimum honoraria to be paid to each competitor

50 M

100 M

200 M

300 M

Note : The current value of M is 1000

Schedule 6 Cost of conducting Architectural Competitions

Description

Project with built-up area upto

10,000 Sq.m( Rs.)

Project with built-up area

above 10,000 Sq.m.( Rs.)

i. Assessors' Fee

Pre-assessment 10 M and assessment 10 M per day or part thereof.

Pre-assessment 10 M and assessment 10 M per day or part thereof.

ii. Professional Advisor/ Project Coordinator's Fee

100 M

200 M

iii. Contingent Expenditure

As per estimate*

As per estimate*

Note 1: For a two stage competition, the above fees for Professional

Advisor/Project Coordinator be

increased by 50%.

Note 2: For a two stage competition, the above fees for Professional

Advisor/Project Coordinator be

increased by 50%.

* Sub-heads for contingent expenditure : 1. Land Survey.

2. Photographs of site.

3. Printing of Brochure.

4. Advertisement.

5. Communication Expenses.

6. Administrative and Legal Expenses.

7. Exhibition.

8. Publication of competition/select entries.

9. Contingent travel, conveyance, boarding, lodging etc. for Professional Advisor / Project Coordinator, Assessors and others.

10. Other incidental expenses.

Page 32: Bye Laws Final Notes (1)

Architects (Professional Conduct) Regulations, 1989

Regulations - 1982 Architectural Education - 1983 Professional Conduct - 1989

Professional Conduct - 1989

COUNCIL OF ARCHITECTURE (Incorporated under the Architects Act, 1972)

ARCHITECTS (PROFESSIONAL CONDUCT) REGULATIONS, 1989 *

New Delhi, the 11th May, 1989

F.No. CA/1/89.- In exercise of the powers conferred by sub-section (1) read with clause (i) of sub-section (2) of Section 45 of the Architects Act, 1972 (Act No. 20 of 1972), the Council of Architecture, with the approval of the Central Government, hereby makes the following regulations to promote the standard of professional conduct/ self-discipline required of an Architect, namely :-

1. Short Title and Commencement :

1. These regulations may be called with Architects (Professional Conduct) Regulations, 1989.

2. They shall come into force on the date of their publication in the Official Gazette.*

2. **(1) Every architect, either in practice or employment, subject to the provisions of the Central Civil Services (Conduct) Rules, 1964 or any other similar rules applicable to an Architect, he shall :-

i. ensure that his professional activities do not conflict with his general responsibility to contribute to the quality of the environment and future welfare of society,

ii. apply his skill to the creative, responsible and economic development of his country,

iii. provide professional services of a high standard, to the best of his ability,

iv. if in private practice, inform his Client of the conditions of engagement and scale of charges and agree that these conditions shall be the basis of the appointment,

v. not sub-commission to another Architect or Architects the work for which he has been commissioned without prior agreement of his Client,

vi. not give or take discounts, commissions, gifts or other inducements for the introduction of Clients or of work,

vii. act with fairness and impartiality when administering a building contract,

viii. maintain a high standard of integrity,

ix. promote the advancement of Architecture, standards of Architectural education, research, training and practice,

x. conduct himself in a manner which is not derogatory to his professional character, nor likely to lessen the confidence of the public in the profession, nor bring Architects into disrepute,

xi. compete fairly with other Architects,

xii. observe and uphold the Council's conditions of engagement and scale of charges,

xiii. not supplant or attempt to supplant another Architect,

Page 33: Bye Laws Final Notes (1)

xiv. not prepare designs in competition with other Architects for a Client without payment or for a reduced fee (except in a competition conducted in accordance with the Architectural competition guidelines approved by the Council),

xv. not attempt to obtain, offer to undertake or accept a commission for which he knows another Architect has been selected or employed until he has evidence that the selection, employment or agreement has been terminated and he has given the previous Architect written notice that he is so doing : provided that in the preliminary stages of works, the Client may consult, in order to select the Architect, as many Architects as he wants, provided he makes payment of charges to each of the Architects so consulted,

xvi. comply with Council's guidelines for Architectural competitions and inform the Council of his appointment as assessor for an Architectural competition ,

xvii. when working in other countries, observe the requirements of codes of conduct applicable to the place where he is working ,

xviii. not have or take as partner in his firm any person who is disqualified for registration by reason of the fact that his name has been removed form the Register under Section 29 or 30 of the Architects Act, 1972 ,

xix. provide their employees with suitable working environment, compensate them fairly and facilitate their professional development,

xx. recognize and respect the professional contribution of his employees,

xxi. provide their associates with suitable working environment, compensate them fairly and facilitate their professional development,

xxii. recognize and respect the professional contribution of his associates,

xxiii. recognize and respect the professional contribution of the consultants,

xxiv. enter into agreement with them defining their scope of work, responsibilities, functions, fees and mode of payment ,

xxv. shall not advertise his professional services nor shall he allow his name to be included in advertisement or to be used for publicity purposes save the following exceptions :-

(a) a notice of change of address may be published on three occasions and correspondents may be informed by post,

(b) an Architect may exhibit his name outside his office and on a building, either under construction or completed, for which he is or was an Architect, provided the lettering does not exceed 10 cm. in height ,

(c) advertisements including the name and address of an Architect may be published in connection with calling of tenders, staff requirements and similar matters,

(d) may allow his name to be associated with illustrations and descriptions of his work in the press or other public media but he shall not give or accept any consideration for such appearances,

(e) may allow his name to appear in advertisements inserted in the press by suppliers or manufacturers of materials used in a building he has designed, provided his name is included in an unostentatious manner and he does not accept any consideration for its use,

(f) may allow his name to appear in brochure prepared by Clients for the purpose of

Page 34: Bye Laws Final Notes (1)

advertising or promoting projects for which he has been commissioned,

(g) may produce or publish brochures, pamphlets describing his experience and capabilities for distribution to those potential Clients whom he can identify by name and position ,

**(h) may allow his name to appear in the classified columns of the trade / professional directory and/or telephone directory/ website.

**(2) In a partnership firm of architects, every partner shall ensure that such partnership firm complies with the provisions of the sub-regulation (1).

(3) Violation of any of the provisions of sub-regulation (1) shall constitute a professional mis-conduct.

K. V. Narayana

Page 35: Bye Laws Final Notes (1)
Page 36: Bye Laws Final Notes (1)
Page 37: Bye Laws Final Notes (1)
Page 38: Bye Laws Final Notes (1)
Page 39: Bye Laws Final Notes (1)
Page 40: Bye Laws Final Notes (1)
Page 41: Bye Laws Final Notes (1)
Page 42: Bye Laws Final Notes (1)
Page 43: Bye Laws Final Notes (1)
Page 44: Bye Laws Final Notes (1)
Page 45: Bye Laws Final Notes (1)
Page 46: Bye Laws Final Notes (1)
Page 47: Bye Laws Final Notes (1)
Page 48: Bye Laws Final Notes (1)
Page 49: Bye Laws Final Notes (1)
Page 50: Bye Laws Final Notes (1)
Page 51: Bye Laws Final Notes (1)
Page 52: Bye Laws Final Notes (1)
Page 53: Bye Laws Final Notes (1)
Page 54: Bye Laws Final Notes (1)
Page 55: Bye Laws Final Notes (1)
Page 56: Bye Laws Final Notes (1)
Page 57: Bye Laws Final Notes (1)
Page 58: Bye Laws Final Notes (1)
Page 59: Bye Laws Final Notes (1)
Page 60: Bye Laws Final Notes (1)
Page 61: Bye Laws Final Notes (1)
Page 62: Bye Laws Final Notes (1)
Page 63: Bye Laws Final Notes (1)
Page 64: Bye Laws Final Notes (1)
Page 65: Bye Laws Final Notes (1)
Page 66: Bye Laws Final Notes (1)
Page 67: Bye Laws Final Notes (1)
Page 68: Bye Laws Final Notes (1)
Page 69: Bye Laws Final Notes (1)
Page 70: Bye Laws Final Notes (1)
Page 71: Bye Laws Final Notes (1)
Page 72: Bye Laws Final Notes (1)
Page 73: Bye Laws Final Notes (1)
Page 74: Bye Laws Final Notes (1)
Page 75: Bye Laws Final Notes (1)
Page 76: Bye Laws Final Notes (1)
Page 77: Bye Laws Final Notes (1)

TOPIC : LEGAL RESPONSIBILITIES OF AN ARCHITECT

LEGAL RESPONSIBILITIES OF AN ARCHITECT ARE FOLLOWS :-

Page 78: Bye Laws Final Notes (1)

1. The Architect shall submit for the Owner’s approval a schedule for the performance of the Architect’s services which may be adjusted in writing by mutual agreement of the parties as the Project proceeds, and shall include allowances for periods of time required for the Owner’s review and for approval of submissions by authorities having jurisdiction over the Project.

2. Time limits established by this schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner. 3. The Architect shall provide a preliminary evaluation of the Owner’s program, Project schedule, and construction budget requirements, each in terms of the other, subject to the limitations. Based on the mutually agreed-upon program, Project schedule and construction budget requirements, the Architect shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components, and shall prepare for review by the Owner a preliminary estimate of the “Construction Cost” as that phrase is defined in Article 5 of this Agreement. 4. Design Documents shall comply with applicable laws, statutes, regulations, ordinances, codes, orders, rules and regulations in existence as of the date of the development of the Documents. These requirements shall not apply to elements of the Project which are not within the scope of the Architect’s services. Approval by the Owner shall be deemed to be approval of the concept, though not the means, techniques or particular material recommended by the Architect, unless the material or system is specifically required by the Owner.

5. The Architect shall submit to the Owner a preliminary estimate of Construction Cost based on current area, volume or other unit costs. DESIGN DEVELOPMENT PHASE 6. Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, Project schedule or construction budget, the Architect shall prepare, for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, structural, mechanical, civil and electrical systems, materials and such other elements as may be appropriate. 7. The Architect shall advise the Owner in writing of any adjustments to the preliminary estimate of Construction Cost. CONSTRUCTION DOCUMENTS PHASE 8. Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the Architect shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the Project, including, but not limited to, the work required for the architectural, structural, mechanical, civil, electrical, plumbing, service connected equipment and site work, and the necessary General Conditions of the Contract. The Architect shall provide the services of professional structural, mechanical, civil, electrical and other engineers, qualified by training and experience in their respective fields, as needed, to address the requirements of the Project; shall submit a list of the names of the engineers to be employed by the Architect to the Owner, in advance, for the Owner’s review and approval, which approval shall not be unreasonably withheld, and shall require such professional engineers to place their seal, name and signature on the Drawings and Specifications prepared by them. Said Construction Documents shall comply with applicable laws, statutes, ordinances, codes, rules and regulations. Approval by the Owner shall not constitute approval of the means, techniques or particular material recommended by the Architect for the Project. Selection by the Owner of a “particular material” recommended by the Architect for the Project shall constitute approval of that “particular material” by the Owner for aesthetic purposes only.

Page 79: Bye Laws Final Notes (1)

9. The Architect in consultation with the Owner, shall prepare the necessary bidding information, bidding forms, the Conditions of the Contract, which shall be subject to review and approval by the Owner and/or the Owner’s legal counsel. Additionally, the Architect after consultation with the Owner, shall prepare a final estimate of the Construction Cost. BIDDING OR NEGOTIATION PHASE 10. The Architect, following the Owner’s approval of the Construction Documents and of the latest preliminary estimate of Construction Cost, shall assist the Owner in obtaining bids or negotiated proposals and assist in awarding and preparing contracts for construction, which contracts shall be subject to review and approval by the Owner’s legal counsel. CONSTRUCTION PHASE-ADMINISTRATION OF THE CONSTRUCTION CONTRACT 11. The Architect shall provide administration of the Contract for Construction as set forth below and in the edition of AIA Document A201, General Conditions of the Contract for Construction, 1987 Edition, unless otherwise provided in this Agreement or as mutually agreed to by the Owner and Architect. The terms of this Agreement shall control any inconsistency between this Agreement and the General Conditions of the Contract. 12. The Architect at all times shall be a representative of and shall advise and consult with the Owner. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written instrument. The Owner’s instructions to the Contractor shall be forwarded through the Architect. CONTINGENT ADDITIONAL SERVICES 13. Making material and substantial revisions in Drawings, Specifications or other documents when such revisions are: .1 inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner’s program or Project budget; .2 required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents; or .3 due to changes required as a result of the Owner’s failure to render decisions in a timely manner. RESPONSIBILITY FOR CONSTRUCTION COST 14. Evaluations of the Owner’s Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost, if any, prepared by the Architect, represent the Architect’s best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor’s methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner’s Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Architect. ALTERNATIVE DISPUTE RESOLUTION 15. On those occasions when a dispute arises between the Parties to this Agreement, the Parties shall be compelled to seek an alternative means of resolving the dispute as a condition precedent to litigation. Therefore, the Parties agree to the following terms and conditions: A. The Party bringing a claim shall give notice to the other Party and, in writing, propose a meeting in which to discuss and attempt to resolve

Page 80: Bye Laws Final Notes (1)

the claim within seven (7) days after the claim arises. B. In the event the meeting between the Parties to resolve the claim does not resolve the dispute or does not take place within said seven (7) day period, the Parties shall designate, by mutual agreement, an independent mediator who shall convene a meeting of the Parties within a period of fourteen (14) days after the initial meeting between the Parties. The mediator shall render his/her decision within seven (7) days of said meeting. C. The purpose of the mediator is to attempt to resolve the dispute between the Parties. The Mediator shall not be empowered with the authority to render a binding opinion or award. D. In the event the independent mediator’s attempt to resolve the dispute between the Parties fails, then each party will be free to pursue recovery of claims at law. E. During the pendency of this alternative dispute resolution process, the Parties agree that the statute(s) of limitations applicable to all claims that are the subject of this process shall be told. F. Checking the accounts of the office on time.

TENDERS

Tender is an offer made by one party to another for execution of specified work at a specified cost in

keeping with all the terms and conditions set there in the tender document including the extent of the work

shown on the plans. It remains floating till the time it receives a seal of acceptance either by the employer

and / or his architect/ engineer and thereafter forms a binding contract.

The architect or engineer who prepares detailed tender papers on behalf of the owner/employer and issues to

the contractors against a specified tender fees.

, It is the duty of the architect to see that:

(1) All the plans, specifications and details are not only clear and correct, but without any ambiguity.

(2) Bill of quantities should be as accurate as possible.

(3) Special conditions if any should be thoroughly checked .

*Prior to filling of the tender, the contractor is required to make a careful study of plans, specifications,

special conditions, etc., and further inspect the site in order to ascertain the difficulties which will be met

with in the execution of the work.He has to estimate the probable period of completion of work, number of

technical and non-technical staff that will be required on the job. This will help him to work out the cost of

establishment charges. Also works like temporary hoarding, road work, office, godown, toilet for workers,

wear and tear of the plants and equipments. After taking into consideration all the above facts including cost

of materials and labour, he is able to quote for the work.

Invitation to Tender

There are three ways in which the tenders can be called for namely

(i) by. private invitation,

(ii)by public notice and

(iii)by negotiations.

Page 81: Bye Laws Final Notes (1)

By Private Invitation (Selected or Limited Invitation)

Generally, the architects and the engineers do maintain a panel of contractors and from the panel a few are

invited to quote for a particular job. In such a case, the architect knows the contractor, together with his

intelligence, integrity and financial standing and thus he is sure of the type of work that he will get from

him. It also prevents inexperienced persons from entering the contract line. This is suitable for private

works.

By Public Notice

All public works are required .to be advertised in the newspapers for the purpose of tenders and any

contractor can quote for the same. There are chances of getting the work at a cheaper rate and these tenders

are also not free from collusion. At time the tenders are so low that it will not be possible to imagine whether

the contractors will be able to complete the work. Such tenders usually end in dispute, poor quality of work

and a lot headaches for the architects.

-The reverse is also true that the architect or the engineer may come in contact with new and intelligent

contractors and this opens the field for new entrants in the contracting line.

-The work is generally given to the contractor quoting the lowest amount. provided he is otherwise equally

qualified. -

By Negotiations

In this case the architect / engineer do possess some base for negotiations like the work of a building not to

cost more than Rs……… per S.M. of plinth area or at certain percentage above or below the schedule of

rates. With this base . negotiations are done with one or two contractors and work thereafter is assigned to

the right contractor. This mode is popular with developers and for repair jobs .The UP PWD or CPWD

schedule of rates are taken as the base.

Nature of Tender

Tenders set out paths for completion of building jobs. The paths may vary from item rate to labour work and

the said paths have different terms and conditions. The accepted contracts derive their names from the type

of tender like

(i) item rate contracts derived from

(ii) item rate tender. lump-sum contract from lump-sum tender etc.

Besides the above other paths available for execution of the works are:-

(1) Day work.

(2) Piece work.

(3) Dally labour.

Thus, nature of tenders leads to nature of contracts, and discussion hereunder will apply to nature of contract

also however, we shall study while discussing the Contracts

Nature of Tender can be Classified as Under

(1) (a) the ,rate tender.

(b) Schedule of rates with percentage up or down the basic. rate with rise and fall clauses . .

(2) (a) Lump-sum tender.

(b) Lump-sum percentage tender (target tender).

(3) (a) 'Cost plus percentage or "cost plus fee tender".

(b) Cost plus fixed fee tender.

(c) Cost plus fixed fee with bonus and penalty.

(4) Labour tender.

(5) Tender for demolition work.

Item Rate Tender

It is an offer to execute the work based on the rates of different items of work. The tender form usually

contains the bill of quantities wherein all the items of work are fully described with their quantities. The

Page 82: Bye Laws Final Notes (1)

quantities given are always approximate and are not binding on the owner. The contractor is required to fill

in the rates of the items and thus it becomes a simplified job so far as the calculations and estimating are

concerned.

The contractor is paid on the measurement of the work executed at the rates quoted by him in the tender. In

fact the rates of the items are the part of the contract and the approximate quantities are not.

This is a balanced method of execution and the chances for extra works are minimized. It is not risky for the

contractor and hence quality of workmanship will be assured. Reasonable variations can be made in the

plans and also in the quantities during the execution of work.

It is suitable for all types of works .

Schedule of Rates with Percentage Up or Down

It is also known as basic rates (mostly UP PWD or CPWD )with rise and fall clauses. It is a modified form

of item rate tender. In this case a bill of quantities duly priced is given to each of the tenderers and they are

asked to quote only the percentages above or below the priced schedule of rates. at which they are prepared

to execute the work. All other facts as given for the item rate tender will hold good in this case also. This

type of tender is suitable for the repair works, new buildings as well as for maintenance works.

Lump-sum Tender

In a lump-sum tender the contractor undertakes to carry out the work as shown on the plans and describe in

the specifications till completion. supplying all the materials and labour sum or at a fixed rate per cubic or

square metre of work. The contractor will be paid from time- to- time or lump sum at the completion o

works as specified in the contract .

Work to be executed should be clearly specify in advance

(i)the plans elevation sections and the relevant details

(ii)the specifications with special conditions. if any.

(iii)Time for completion

The Advantages of this Type of the Tender total cost of construction is known in advance .and the contractor

will try to complete the work early Work load of the engineer and the architect is reduced, as no detailed

measurements are required .

Lump-sum Plus Percentage (Target) Tender

It is the same as the lump-sum tender except that if the contractor completes the works before the specified

date, he is usually granted certain bonus in terms of percentage of the cost of the project. All other facts as

given for lump-sum tenders will hold good in this case also.

"Cost Plus Percentage Tender" or "Cost Plus Fee Method"

The expenditure incurred by the contractor will paid by the owner as agreed and over and above he is paid

certain percentage as profit for his professional services. At times such tenders are invited from a few

contractors asking them to name the price at which they will execute the work and fees that they expect for

the same. The fees are usually fixed at a certain percentage of the cost of work:

Cost Plus Fixed Fee Tender

A modified form of this system of tendering is "Cost plus Fixed fee" ~ wherein the contractor is given a

fixed fee irrespective of the cost of the work and as such, he becomes a disinterested adviser and tries to

complete the work in time.

All the cost of the materials and labour are directly paid by the owner and thus the contractor's financial

liability is nil As such, he is paid a higher percentage for works done by him.and lower percentage for those

Page 83: Bye Laws Final Notes (1)

works which are given on sub-contract. The fees charged by him will include his professional services as

well as the rentals for all. his implements. plants, etc.. including the cost of repairs if required. His fees

sho41d be paid in four to five instalments and the last instalment should be paid after the completion of the

work.

.

Cost Plus Fixed Fee with Bonus and Penalty

In order to keep a check over the cost of the work, tlps form of tender is slightly modified and is known as

"Cost plus Fixed fee with Bonus and Penalty". If the cost ofthe work as executed remains the same as has

been estimated in advance. the contractor receives his agreed fees with no profit and no penalty deduction. If

the cost of the work as executed turns out to be less than the estimated cost, the contractor is to receive

certain percentage from the savings effected up to a maximum of 50 per cent plus his agreed fees. If the cost

ofthe executed work turns out to be more than the estimated cost, certain percentage of the increased cost

will be deducted from his agreed fees. and such deductions shall not be more than 66 per cent of his agreed

fees.

Labour Tender

In this case the contractor agrees to carry out the complete labour work of all the items of the work at the

rates quoted by him. The contractor has to supply all the tools plants, scaffolding. centerillg materials. coirs

and nails. etc.. and the owner supplies only the materials required for the construction work. The contractor

is responsible for line, level and setting out of the work.

The labour tender generally includes the labour work for the conStruction of water tank for storage of water

required for construction purpose as well as labour work for putting up temporary sheds for office and

cement godown of reasonable size.

The owner has to keep a close watch over the materials used by the contractor as he is least concerned with

their wastages.

This method of execution of work is very popular as the materials used and the workmanship will be of

standard quality. The points of dispute are minimised and the payments for extra works are restricted to the

labour charges only.

The labour tenders are invited sometimes on the basis of rate per square meter or cubic meter'of the

construction work:4'he contractor agrees to execute the complete work of the building right from the stage

of foundation till the completion of the building at a specified rate per square meter or cubic meter.

excluding drainage and electric Works.

It is suitable for all types of works like buildings, bridges. culverts, and Specially the works of additions,

alterations and repairs to the existing buildings.

Demolition Tender

These tenders are usually called for the demolition of the existing building up to ground level or up to road

level and removal of all the materials of the same including carting away of the debris. The tenderer usually

takes away all the materials that are there in the old building and in turn he pays a specified amount to the

owner:

Other Modes of Execution of Works The execution of the works can also be carried out by anyone of the

following arrangements depending upon the nature of works and other factors:

(1) Day work.

(2) Piece work.

(3) Daily labour.

Page 84: Bye Laws Final Notes (1)

Day Work This method of execution of the work is adopted for all small items of work which cannot either

be measured or valued, e.g., architectural

features 'like petals or domes for mosques or temples, decorative design in plaster'work or for works under

water where time of working is limited due to rise and fall of tide level.

The payments made to the contractor consist of net cost of materials and labour to complete the work and

usually, about 20 to 25 per cent on the same which will cover contractor's profit, establishment charges, and

rentals for the plants, if any. It requires proper check on the materials consumed and labour employed and

the reports to that effect must be countersigned daily by the clerk of work. The contractor is required to

submit a weekly report of the same to the architect concerned .It is the duty of the architect and the engineer

to sanction those extra works in writing which cannot be measured or valued properly to be paid at day work

prices.

DailyLabour This method is suitable for the maintenance works of roads, canals, etc., and is also known as

departmental method of execution. The owner or the Government agencies usually employ all the labours

required like masons, bhistis, mazdoors, etc., whose attendance is recorded daily in the muster roll by the'Jr.

Engineer. The materials of construction, and tools, etc., are obtained from the central stores department by

sending the necessary indent for the same. The works executed are recorded in the measurement book and

are checked by the sub-divisional engineer and executive engineer before the payments are effeted. The

labour is usually paid weekly, fortnightly or monthly as agreed upon.

Earnest Money It is an initial deposit made along with the tender in order to show the genuineness of the

contractor. The amount of earnest money varies from I to 2 per cent of the estimated cost of the project. This

amount remains in the safe custody of the architect or the engineer till the work is allotted to a particular

contractor who will be asked to deposit further sum towards the security deposit. The earnest money of the

other contractors whose tenders are not accepted are refunded to them. The main purpose of the earnest

money is ~ see that a fair competition takes place for the work.

The earnest money is forfeited in favour of the owner in case the contractor refuses to enter into a contract

after his tender has been accepted. It is accepted in cash or cheque at times in the form of negotiable

Government securities.

Security Deposit The approved contractor is asked to deposit a further amount of 2 to 5% of the estimated

cost of project with the architect as security deposit. It includes the earnest money already deposited by the

contractor. It is paid in cash or cheque and at times in the form of negotiable Government securities.

This amount is kept as a check so that the contractor fulfills all the terms and conditions of the contract,

carries out the work to entire satisfaction and maintains proper progress of the work. If he fails the whole or

part of the security deposit is forfeited. It does not carry any interest and is returned to the contractor after

his defect liability period is over.

Retention Amount When a contract of the work is assigned, it is essential for a contractor to deposit a fixed

amount either with the architect or with the owner as a guarantee for the faithful performance of the terms of

the contract.

If it is very difficult for a contractor to pay such amount all at once as his business it is arranged that the

contractor should pay the so called security deposit by installments from the payments due to him for the

works already executed. .It is usually 10 % of the value of the work . As soon as the total retention fund of

10 per cent of the tendered amount has been collected, the subsequent interim certificates are required to be

issued at their full values.. The Retention Amount is a Security Deposit. Normally 50% of the said amount

is paid after the virtual completion of the work.. Final installment of50% is paid after the defect liability

period has passed and after issue .of the final certificate by the architect. In case of bankruptcy of the

contractor, he will have no claim over the retention fund, till the final certificate has been issued by the

architect for the work. The Retention fund does not carry any interest.

Page 85: Bye Laws Final Notes (1)

Mobilisation Fund ' In case of big projects a lot of money is required by the Contractor , for the recruitment

of labour ,travel of staff ,erection of temporary accommodation staff/ labour ,storage of certain , insurance

premium etc .Therefore Employer pays the Contractor certain amount called Mobilisation Funds, the main

purpose of which are to enable the contractors to make all initial arrangements for commencement of works

on basis of interim certificates it may be 90% or even 95% of its value and materials on site paid at varying

percentages from 50% to 75% o( the value of such materials on site depending upon the terms and

conditions as may have been agreed upon subject to 2% deduction of the amount released as deduction of

Income-tax at source. i.e.TDS

Mobilisation Fund is essential for construction of big projects It is required before executing .

Maximum amount is limited to about 10% of the contract amount, exact percentage depends upon the

terms of contract.

2. It is paid in f\ill or paid in two to three stages like:

Stage-1-: 50% of the mobilisation fund as agreed is paid within one month of the award of the work and

signing of the contract against bank guarantee for it.

Stage-2 Part is released on completion of preparatory works depending upon their value.

Stage-3- is released on bringing plants and machineries on site again depending upon their value. '

. It is recovered from each of the interim bill at specified percentage of interim payment and entire

mobilisation fund is recovered on completion of 80% of the work. It can be interest free fund or carrying a

specified rate of interest..

The mobilisation fund is the backbone of successful implementation of big construction projects.

Tender Document. The tender documents occupy important position for contractors and employers, the architects.

And comprise of the following:

1) Tender notice.

(2) Specta1 notice.

(3) Letter of offer.

(4) Specla1 conditions.

(5) Form of Contract with conditions.

(6) General Spec1fications.

(7) One complete set of drawings .

(9) Bill of quantities. (OR) Detailed description of work for tender on lump-sum basis. (OR) Unit of S.M.

basis: which at times take the form of "Supplementary specifications" .

Tender Notice and Cost of Tendering It is the notification for the contractors at large possessing either

expertise in that branch of civil work for which the notification has been issued or having the skill and

human resources to get the work in question executed, to give their offers for the specified work. In the

notification the employer invites the offer and does not make art offer by himself that he is prepared to give

the contract for the work for a specified sum. Even if the owner has made an offer, still he has got rights to

withdraw the same at any time before acceptance is confirmed by him

Cost of Tendering It is usually a practice in vogue that cost involved in preparation and completion of the

tender papers including site inspection by the contractor as well his adm1n1strative expenses are to be borne

by the contractors alone and the owners are not saddled with such tender expenses.

Characteristics of a Tender Notice

1. Tender notice must mention the name of the owner, the place, nature and extent of work, and the

estimated cost.

2. It must mention amount of earnest money and tender fees.

3. Minimum time of returning the tender by the contractor should be atleast 15 to 20 days from the date of

issue of the same.

4. The place of delivery of the tenders by the contractors should be specified.

Page 86: Bye Laws Final Notes (1)

5. The contractors should be requested to inspect the site prior to filling of the tender, so that they can

ascertain well in advance the Working Conditions, the nature of soil for the foundation etc.

Understanding Accounting Methods Officially, there are two types of accounting methods, which dictate how the company's transactionsare recorded in the company's financial books:

cash-basis accounting and accrual accounting. The key difference between the two types is how the company records cash coming into and going

out of the business. Within that simple difference lies a lot of room for error — or manipulation. In fact, many of the major corporations involved in

financial scandals have gotten in trouble because they played games with the nuts and bolts of their accounting method.

Cash-basis accounting

In cash-basis accounting, companies record expenses in financial accounts when the cash is actually laid out, and they book revenue when they

actually hold the cash in their hot little hands or, more likely, in a bank account. For example, if a painter completed a project on December 30,

2003, but doesn't get paid for it until the owner inspects it on January 10, 2004, the painter reports those cash earnings on her 2004 tax report. In

cash-basis accounting, cash earnings include checks, credit-card receipts, or any other form of revenue from customers.

Smaller companies that haven't formally incorporated and most sole proprietors use cash-basis accounting because the system is easier for them to

use on their own, meaning they don't have to hire a large accounting staff.

Accrual accounting

If a company uses accrual accounting, it records revenue when the actual transaction is completed (such as the completion of work specified in a

contract agreement between the company and its customer), not when it receives the cash. That is, the company records revenue when it earns it,

even if the customer hasn't paid yet. For example, a carpentry contractor who uses accrual accounting records the revenue earned when he

completes the job, even if the customer hasn't paid the final bill yet.

Expenses are handled in the same way. The company records any expenses when they're incurred, even if it hasn't paid for the supplies yet. For

example, when a carpenter buys lumber for a job, he may very likely do so on account and not actually lay out the cash for the lumber until a month

or so later when he gets the bill.

All incorporated companies must use accrual accounting according to the generally accepted accounting principles (GAAP). If you're reading a

corporation's financial reports, what you see is based on accrual accounting.

Why method matters

The accounting method a business uses can have a major impact on the total revenue the business reports as well as on the expenses that it

subtracts from the revenue to get the bottom line. Here's how:

• Cash-basis accounting: Expenses and revenues aren't carefully matched on a month-to-month basis. Expenses aren't recognized until the

money is actually paid out, even if the expenses are incurred in previous months, and revenues earned in previous months aren't recognized

until the cash is actually received. However, cash-basis accounting excels in tracking the actual cash available.

• Accrual accounting: Expenses and revenue are matched, providing a company with a better idea of how much it's spending to operate each

month and how much profit it's making. Expenses are recorded (or accrued) in the month incurred, even if the cash isn't paid out until the next

month. Revenues are recorded in the month the project is complete or the product is shipped, even if the company hasn't yet received the

cash from the customer.

The way a company records payment of payroll taxes, for example, differs with these two methods. In accrual accounting, each month a company

sets aside the amount it expects to pay toward its quarterly tax bills for employee taxes using an accrual (paper transaction in which no money

changes hands, which is called an accrual). The entry goes into a tax liability account (an account for tracking tax payments that have been made

or must still be made). If the company incurs $1,000 of tax liabilities in March, that amount is entered in the tax liability account even if it hasn't yet

paid out the cash. That way, the expense is matched to the month it is incurred.

In cash accounting, the company doesn't record the liability until it actually pays the government the cash. Although the company incurs tax

expenses each month, the company using cash accounting shows a higher profit during two months every quarter and possibly even shows a loss

in the third month when the taxes are paid.

To see how these two methods can result in totally different financial statements, imagine that a carpenter contracts a job with a total cost to the

customer of $2,000. The carpenter's expected expenses for the supplies, labor, and other necessities are $1,200, so his expected profit is $800. He

contracts the work on December 23, 2004, and completes the job on December 31, 2004. But he isn't paid until January 3, 2005. The contractor

takes no cash upfront and instead agrees to be paid in full at completion.

Page 87: Bye Laws Final Notes (1)

If he uses the cash-basis accounting method, because no cash changes hands, the carpenter doesn't have to report any revenues from this

transaction in 2004. But say he lays out the cash for his expenses in 2004. In this case, his bottom line is $1,200 less with no revenue to offset it,

and his net profit (the amount of money the company earned, minus its expenses) for the business in 2004 is lower. This scenario may not

necessarily be a bad thing if he's trying to reduce his tax hit for 2004.

If you're a small-business owner looking to manage your tax bill and you use cash-basis accounting, you can ask vendors to hold off payments until

the beginning of the next year to reduce your net income, if you want to lower your tax payments for the year.

If the same carpenter uses accrual accounting, his bottom line is different. In this case, he books his expenses when they're actually incurred. He

also records the income when he completes the job on December 31, 2004, even though he doesn't get the cash payment until 2005. His net

income is increased by this job, and so is his tax hit.

LESSON 1 INTRODUCTION TO ACCOUNTING Contents

1.0 Aims and Objectives

1.1 Introduction

1.2 Book- Keeping

1.2.1 Meaning

1.2.2 Definition

1.2.3 Objectives

1.3 Accounting

1.3.1 Meaning

1.3.2 Definition

1.3.3 Objectives

1.3.4 Importance

1.3.5 Functions

1.3.6 Advantages

1.3.7 Limitations

1.4 Methods of Accounting

1.4.1 Single Entry

1.4.2 Double Entry

1.4.3 Steps involved in double entry system

1.4.4 Advantages of double entry system

1.5 Meaning of Debit and Credit

1.6 Types of Accounts and its rules

1.6.1 Personal Accounts

1.6.2 Real Accounts

1.6.3 Nominal Accounts

1.7 Distinction between Book Keeping and Accounting

1.8 Branches of Accounting

1.8.1 Financial Accounting

1.8.2 Cost Accounting

1.8.3 Management Accounting

1.9 Let us Sum Up

1.10 Lesson-End Activities

1.11 Check your Progress

1.12 Points for Discussion

1.13 References

1.0 AIMS AND OBJECTIVES i) To know the Meaning ,Definition and objective of Book- Keeping

ii) To study the objectives, functions, importance and limitations of

Accounting

iii) To understand the methods of Accounting, kinds of Accounts and

Page 88: Bye Laws Final Notes (1)

Accounting rules. This watermark does not appear in the registered version - http://www.clicktoconvert.com

1

iv) To study the difference between Book- keeping and Accounting

v) To study the various branches of Accounting

1.1 INTRODUCTION In all activities (whether business activities or non-business activities) and in

all organizations (whether business organizations like a manufacturing entity or

trading entity or non-business organizations like schools, colleges, hospitals, libraries,

clubs, temples, political parties) which require money and other economic resources,

accounting is required to account for these resources. In other words, wherever money

is involved, accounting is required to account for it. Accounting is often called the

language of business. The basic function of any language is to serve as a means of

communication. Accounting also serves this function.

1.2. MEANING AND DEFINITION OF BOOK- KEEPING 1.2.1 Meaning

Book- keeping includes recording of journal, posting in ledgers and balancing

of accounts. All the records before the preparation of trail balance is the whole subject

matter of book- keeping. Thus, book- keeping many be defined as the science and art

of recording transactions in money or money’s worth so accurately and systematically,

in a certain set of books, regularly that the true state of businessman’s affairs can be

correctly ascertained. Here it is important to note that only those transactions related

to business are recorded which can be expressed in terms of money.

1.2.2 Definition

“Book- keeping is the art of recording business transactions in a systematic

manner”. A.H.Rosenkamph.

“Book- keeping is the science and art of correctly recording in books of

account all those business transactions that result in the transfer of money or money’s

worth”. R.N.Carter

1.2.3 Objectives of Book- keeping

i) Book- keeping provides a permanent record of each transactions.

ii) Soundness of a firm can be assessed from the records of assets and abilities

on a particular date.

iii) Entries related to incomes and expenditures of a concern facilitate to know

the profit and loss for a given period.

iv) It enables to prepare a list of customers and suppliers to ascertain the amount

to be received or paid.

v) It is a method gives opportunities to review the business policies in the light

of the past records.

vi) Amendment of business laws, provision of licenses, assessment of taxes etc.,

are based on records. This watermark does not appear in the registered version - http://www.clicktoconvert.com

2

1.3 ACCOUNTING

1.3.1 Meaning of Accounting

Accounting, as an information system is the process of identifying, measuring

and communicating the economic information of an organization to its users who need

the information for decision making. It identifies transactions and events of a specific

entity. A transaction is an exchange in which each participant receives or sacrifices

value (e.g. purchase of raw material). An event (whether internal or external) is a

happening of consequence to an entity (e.g. use of raw material for production). An

Page 89: Bye Laws Final Notes (1)

entity means an economic unit that performs economic activities.

1.3.2 Definition of Accounting

American Institute of Certified Public Accountants (AICPA) which defines

accounting as “the art of recording, classifying and summarizing in a significant

manner and in terms of money, transactions and events, which are, in part at least, of a

financial character and interpreting the results thereof”.

1.3.3 Objective of Accounting

Objective of accounting may differ from business to business depending upon

their specific requirements. However, the following are the general objectives of

accounting.

i) To keeping systematic record: It is very difficult to remember all the

business transactions that take place. Accounting serves this purpose of record

keeping by promptly recording all the business transactions in the books of account.

ii) To ascertain the results of the operation: Accounting helps in

ascertaining result i.e., profit earned or loss suffered in business during a particular

period. For this purpose, a business entity prepares either a Trading and Profit and

Loss account or an Income and Expenditure account which shows the profit or loss of

the business by matching the items of revenue and expenditure of the some period.

iii) To ascertain the financial position of the business: In addition to profit,

a businessman must know his financial position i.e., availability of cash, position of

assets and liabilities etc. This helps the businessman to know his financial strength.

Financial statements are barometers of health of a business entity.

iv) To portray the liquidity position: Financial reporting should provide

information about how an enterprise obtains and spends cash, about its borrowing and

repayment of borrowing, about its capital transactions, cash dividends and other

distributions of resources by the enterprise to owners and about other factors that may

affect an enterprise’s liquidity and solvency.

v) To protect business properties: Accounting provides upto date

information about the various assets that the firm possesses and the liabilities the firm

owes, so that nobody can claim a payment which is not due to him. This watermark does not appear in the registered version - http://www.clicktoconvert.com

3

vi) To facilitate rational decision – making: Accounting records and

financial statements provide financial information which help the business in making

rational decisions about the steps to be taken in respect of various aspects of business.

vii) To satisfy the requirements of law: Entities such as companies, societies,

public trusts are compulsorily required to maintain accounts as per the law governing

their operations such as the Companies Act, Societies Act, and Public Trust Act etc.

Maintenance of accounts is also compulsory under the Sales Tax Act and Income Tax

Act.

1.3.4 Importance of Accounting

i) Owners: The owners provide funds or capital for the organization. They

possess curiosity in knowing whether the business is being conducted on sound lines

or not and whether the capital is being employed properly or not. Owners, being

businessmen, always keep an eye on the returns from the investment. Comparing the

accounts of various years helps in getting good pieces of information.

ii) Management: The management of the business is greatly interested in

knowing the position of the firm. The accounts are the basis, the management can

study the merits and demerits of the business activity. Thus, the management is

interested in financial accounting to find whether the business carried on is profitable

or not. The financial accounting is the “eyes and ears of management and facilitates

Page 90: Bye Laws Final Notes (1)

in drawing future course of action, further expansion etc.”

iii) Creditors: Creditors are the persons who supply goods on credit, or

bankers or lenders of money. It is usual that these groups are interested to know the

financial soundness before granting credit. The progress and prosperity of the firm,

two which credits are extended, are largely watched by creditors from the point of

view of security and further credit. Profit and Loss Account and Balance Sheet are

nerve centres to know the soundness of the firm.

iv) Employees: Payment of bonus depends upon the size of profit earned by

the firm. The more important point is that the workers expect regular income for the

bread. The demand for wage rise, bonus, better working conditions etc. depend upon

the profitability of the firm and in turn depends upon financial position. For these

reasons, this group is interested in accounting.

v) Investors: The prospective investors, who want to invest their money in a

firm, of course wish to see the progress and prosperity of the firm, before investing

their amount, by going through the financial statements of the firm. This is to

safeguard the investment. For this, this group is eager to go through the accounting

which enables them to know the safety of investment.

vi) Government: Government keeps a close watch on the firms which yield

good amount of profits. The state and central Governments are interested in the

financial statements to know the earnings for the purpose of taxation. To compile

national accounting is essential.

vii) Consumers: These groups are interested in getting the goods at reduced

price. Therefore, they wish to know the establishment of a proper accounting control, This watermark does not appear in the registered version - http://www.clicktoconvert.com

4

which in turn will reduce to cost of production, in turn less price to be paid by the

consumers. Researchers are also interested in accounting for interpretation.

viii) Research Scholars: Accounting information, being a mirror of the

financial performance of a business organization, is of immense value to the research

scholar who wants to make a study into the financial operations of a particular firm.

To make a study into the financial operations of a particular firm, the research scholar

needs detailed accounting information relating to purchases, sales, expenses, cost of

materials used, current assets, current liabilities, fixed assets, long-term liabilities and

share-holders funds which is available in the accounting record maintained by the

firm.

Check Your Progress 1

List out five objectives of Accounting.

Notes: (a) Write your answer in the space given below.

(b) Check your answer with the ones given at the end of this Lesson

(pp. 13).

…………………………………………………………………………

…………………………………………………………………………

…………………………………………………………………………

…………………………………………………………………………

…………………………………………………………………………

1.3.5 Functions of Accounting

i) Record Keeping Function: The primary function of accounting relates to

recording, classification and summary of financial transactions-journalisation, posting,

and preparation of final statements. These facilitate to know operating results and

financial positions. The purpose of this function is to report regularly to the interested

parties by means of financial statements. Thus accounting performs historical

Page 91: Bye Laws Final Notes (1)

function i.e., attention on the past performance of a business; and this facilitates

decision making programme for future activities.

ii) Managerial Function:Decision making programme is greatly assisted by

accounting. The managerial function and decision making programmes, without

accounting, may mislead. The day-to-day operations are compared with some predetermined

standard. The variations of actual operations with pre-determined

standards and their analysis is possible only with the help of accounting.

iii) Legal Requirement function: Auditing is compulsory in ca s e o f

registered firms. Auditing is not possible without accounting. Thus accounting

becomes compulsory to comply with legal requirements. Accounting is a base and

with its help various returns, documents, statements etc., are prepared.

iv) Language of Business: Accounting is the language of business. Various

transactions are communicated through accounting. There are many parties-owners,

creditors, government, employees etc., who are interested in knowing the results of the This watermark does not appear in the registered version - http://www.clicktoconvert.com

5

firm and this can be communicated only through accounting. The accounting shows a

real and true position of the firm or the business.

1.3.6 Advantages of Accounting

The following are the advantages of accounting to a business:

i) It helps in having complete record of business transactions.

ii) It gives information about the profit or loss made by the business at the

close of a year and its financial conditions. The basic function of

accounting is to supply meaningful information about the financial

activities of the business to the owners and the managers.

iii) It provides useful information form making economic decisions,

iv) It facilitates comparative study of current year’s profit, sales, expenses

etc., with those of the previous years.

v) It supplies information useful in judging the management’s ability to

utilise enterprise resources effectively in achieving primary enterprise

goals.

vi) It provides users with factual and interpretive information about

transactions and other events which are useful for predicting, comparing

and evaluation the enterprise’s earning power.

vii) It helps in complying with certain legal formalities like filing of incometax

and sales-tax returns. If the accounts are properly maintained, the

assessment of taxes is greatly facilitated.

1.3.7 Limitations of Accounting

i) Accounting is historical in nature: It does not reflect the current financial

position or worth of a business.

ii) Transactions of non-monetary mature do not find place in accounting.

Accounting is limited to monetary transactions only. It excludes

qualitative elements like management, reputation, employee morale,

labour strike etc.

iii) Facts recorded in financial statements are greatly influenced by

accounting conventions and personal judgements of the Accountant or

Management. Valuation of inventory, provision for doubtful debts and

assumption about useful life of an asset may, therefore, differ from one

business house to another.

iv) Accounting principles are not static or unchanging-alternative

accounting procedures are often equally acceptable. Therefore,

Page 92: Bye Laws Final Notes (1)

accounting statements do not always present comparable data

v) Cost concept is found in accounting. Price changes are not considered.

Money value is bound to change often from time to time. This is a

strong limitation of accounting. This watermark does not appear in the registered version - http://www.clicktoconvert.com

6

vi) Accounting statements do not show the impact of inflation.

vii) The accounting statements do not reflect those increase in net asset

values that are not considered realized.

1.4 Methods of Accounting

Business transactions are recorded in two different ways.

1.4.1 Single Entry

1.4.2 Double Entry

1.4.1. Single Entry: It is incomplete system of recording business transactions. The

business organization maintains only cash book and personal accounts of debtors and

creditors. So the complete recording of transactions cannot be made and trail balance

cannot be prepared.

1.4.2 Double Entry: It this system every business transaction is having a two fold

effect of benefits giving and benefit receiving aspects. The recording is made on the

basis of both these aspects. Double Entry is an accounting system that records the

effects of transactions and other events in atleast two accounts with equal debits and

credits.

1.4.3 Steps involved in Double entry system

(a) Preparation of Journal: Journal is called the book of original entry. It

records the effect of all transactions for the first time. Here the job of recording takes

place.

(b) Preparation of Ledger: Ledger is the collection of all accounts used by a

business. Here the grouping of accounts is performed. Journal is posted to ledger.

(c) Trial Balance preparation: Summarizing. It is a summary of ledge

balances prepared in the form of a list.

(d) Preparation of Final Account: At the end of the accounting period to

know the achievements of the organization and its financial state of affairs, the final

accounts are prepared.

1.4.4 Advantages of Double Entry System

i) Scientific system: This system is the only scientific system of recording

business transactions in a set of accounting records. It helps to attain the objectives of

accounting.

ii) Complete record of transactions: This system maintains a complete

record of all business transactions.

iii) A check on the accuracy of accounts: By use of this system the accuracy

of accounting book can be established through the device called a Trail balance.

iv) Ascertainment of profit or loss: The profit earned or loss suffered during

a period can be ascertained together with details by the preparation of Profit and Loss

Account. This watermark does not appear in the registered version - http://www.clicktoconvert.com

7

v) Knowledge of the financial position of the business: The financial

position of the firm can be ascertained at the end of each period, through the

preparation of balance sheet.

vi) Full details for purposes of control: This system permits accounts to be

prepared or kept in as much detail as necessary and, therefore, affords significant

Page 93: Bye Laws Final Notes (1)

information for purposes of control etc.

vii) Comparative study is possible: Results of one year may be compared

with those of the precious year and reasons for the change may be ascertained.

viii) Helps management in decision making: The management may be also

to obtain good information for its work, specially for making decisions.

ix) No scope for fraud: The firm is saved from frauds and misappropriations

since full information about all assets and liabilities will be available.

1.5 Meaning of Debit and Credit

The term ‘debit’ is supposed to have derived from ‘debit’ and the term ‘credit’ from

‘creditable’. For convenience ‘Dr’ is used for debit and ‘Cr’ is used for credit.

Recording of transactions require a thorough understanding of the rules of debit and

credit relating to accounts. Both debit and credit may represent either increase or

decrease, depending upon the nature of account.

1.6 Types of Accounting

Types of Accounts

The object of book-keeping is to keep a complete record of all the transactions

that place in the business. To achieve this object, business transactions have been

classified into three categories:

(i) Transactions relating to persons.

(ii) Transactions relating to properties and assets

(iii) Transactions relating to incomes and expenses.

The accounts falling under the first heading are known as ‘personal Accounts’.

The accounts falling under the second heading are known as ‘Real Accounts’, The

accounts falling under the third heading are called ‘Nominal Accounts’. The accounts

can also be classified as personal and impersonal. The following chart will show the

various types of accounts:

Accounts

Personal Accounts

nal

Impersonal

Natural Groups/

Representative

Real Nominal

Tangible Intangible

Revenue,

Income and Gain

Expense

and loss

Artificial

or Legal This watermark does not appear in the registered version - http://www.clicktoconvert.com

8

1.6.1 Personal Accounts: Accounts recording transactions with a person or group of

persons are known as personal accounts. These accounts are necessary, in particular,

to record credit transactions. Personal accounts are of the following types:

(a) Natural persons: An account recording transactions with an individual

human being is termed as a natural persons’ personal account. eg., Kamal’s account,

Mala’s account, Sharma’s accounts. Both males and females are included in it

(b) Artificial or legal persons: An account recording financial transactions

with an artificial person created by law or otherwise is termed as an artificial person,

personal account, e.g. Firms’ accounts, limited companies’ accounts, educational

Page 94: Bye Laws Final Notes (1)

institutions’ accounts, Co-operative society account.

(c) Groups/Representative personal Accounts: An account indirectly

representing a person or persons is known as representative personal account. When

accounts are of a similar nature and their number is large, it is better tot group them

under one head and open a representative personal accounts. e.g., prepaid insurance,

outstanding salaries, rent, wages etc.

When a person starts a business, he is known as proprietor. This proprietor is

represented by capital account for all that he invests in business and by drawings

accounts for all that which he withdraws from business. So, capital accounts and

drawings account are also personal accounts.

The rule for personal accounts is: Debit the receiver

Credit the giver

1.6.2 Real Accounts

Accounts relating to properties or assets are known as ‘Real Accounts’, A

separate account is maintained for each asset e.g., Cash Machinery, Building, etc.,

Real accounts can be further classified into tangible and intangible.

(a) Tangible Real Accounts: These accounts represent assets and properties

which can be seen, touched, felt, measured, purchased and sold. e.g. Machinery

account Cash account, Furniture account, stock account etc.

(b) Intangible Real Accounts: These accounts represent assets and properties

which cannot be seen, touched or felt but they can be measured in terms of money.

e.g., Goodwill accounts, patents account, Trademarks account, Copyrights account,

etc.

The rule for Real accounts is: Debit what comes in

Credit what goes out

1.6.3 Nominal Accounts

Accounts relating to income, revenue, gain expenses and losses are termed as

nominal accounts. These accounts are also known as fictitious accounts as they do not

represent any tangible asset. A separate account is maintained for each head or This watermark does not appear in the registered version - http://www.clicktoconvert.com

9

expense or loss and gain or income. Wages account, Rent account Commission

account, Interest received account are some examples of nominal account

The rule for Nominal accounts is: Debit all expenses and losses

Networking techniques

How to Network

To begin your career-related networking efforts, inventory all the formal and informal groups of which you are a member. To help you get started,

consider the following list: friends, relatives, college classmates, high school classmates, former or current faculty members, alumni who have

majored in your field, former or current employers, sports partners, campus or community club members, staff members of the Career Development

Center. Can you think of more categories? Be sure to compile an exhaustive list of the names and addresses/phone numbers of individuals you

Page 95: Bye Laws Final Notes (1)

know for each category. Never underestimate the value of any group or person. Each can potentially contribute to your successful career

development.

An illuminating research study known as the "Small-World Problem" (Stanley Milgram, Psychology Today, May 1967, pp 290-299) reveals the

extraordinary power of having and using personal contacts. Milgram estimates that any person of adult age has accumulated between 500 and

1000 personal contacts. That total increases dramatically when you estimate the potential number of referral contacts that might be generated.

Referral contacts are easily developed when you ask someone you know for the name of someone they know. The skill of expanding a personal

network is the skill of connecting with people. By stringing together enough contacts and referrals, you can reach ANYONE!

The next step to successful networking is determining your objective. What do you want to learn, share, or gain from contacting others? Clearly

define your needs so that you may focus your activity. Perhaps you want to conduct informational interviews to learn more about a particular career

field. Be sure to generate a list of questions you would like to ask each contact before the meeting takes place. Also, be prepared to offer some

information in exchange. Networking is a two-way street. You must be willing to share contacts and resources, as well as receive them.

To better illustrate the networking process, let's use "accounting" as an example of a profession you may want to investigate. Who do you already

know in the field of accounting? Begin your list with the names of faculty at CSULB who teach the subject and ask for the names of students they

know. Consider attending a meeting of the Student Accounting Society on campus to develop additional contacts. Who prepares your tax return,

and what additional referrals can he/she give you?

Be sincere regarding your networking motive. If your primary goal is to locate specific job vacancy information, be honest. Ask your questions, listen

carefully to the answers given (take notes, if necessary), share some relevant information which may be of use to the contact, thank the individual

for his or her advice and always ask for a referral name with whom you may repeat this process.

Building a personal network takes time and effort. Some referrals may ultimately lead to a dead end. At some point, you may wish to get involved in

a formal, professional network to replenish your contact sources.

Using a Professional Network

Professional networks/organizations exist to promote a particular field, provide a forum to discuss issues of mutual interest and, most importantly, to

link people together with common goals. As a student or graduate, you need to identify a professional association in your local area with which to

get involved. Your major department or Career Development Center can help you identify relevant groups. Are you a psychology major? The

American Psychological Association holds local chapter meetings regularly.

There are hundreds of other such association meetings related to your major or career objectives from which you might choose.

When selecting a professional association, there are some questions you should answer:

1. What is the purpose of the group? Does it relate to your career interests and needs?

2. How large is the membership? A national group may make you feel lost, but may offer you contacts across the country.

3. How is the association run? Do they offer structured involvement like committees?

4. What are the requirements for membership? Some may require specific financial, educational, or other qualifications.

5. What are the membership fees? Do they offer student rates?

6. What is the membership profile? What is the typical background of the members? What are their interests? Are they the type of people you hope

to meet?

7. Where and how often does the group meet? Does this correspond with how much time you wish to devote?

8. What is the meeting content and format? Is there time for making contacts and introductions?

9. What is the policy towards attending as a guest? Are they allowed?

10. What programs and services does the group make available to its members (i.e., conferences, placement assistance, professional training,

publications)?

Page 96: Bye Laws Final Notes (1)

When you have identified a network organization, determine the time, date and place of the next meeting and inquire as to whether you can attend

as a guest. Make a reservation, if necessary. Some meetings are held during lunch or dinner so be prepared to pay the designated meal fee.

When you arrive at your first meeting, find out who is responsible for coordinating the event. Explain to him/her that you do not know anyone and

are interested in meeting some of the members. It may feel uncomfortable to introduce yourself to others, but keep in mind that everyone in the

room had to begin in a similar fashion. Try to make meaningful contacts with as many individuals as possible. You must establish a professional

connection between yourself and each person with whom you converse. Dress and behave accordingly. The best way to establish rapport is to

listen carefully to the issues that are discussed, express interest, and communicate your point of view on the subject. Remember the information

you want to obtain. If appropriate, create an opportunity to share information about yourself and career needs. Remember to ask for the names of

others. In networking at such meetings, conversations tend to be brief because individuals tend to circulate.

Many individuals you meet during a networking meeting will offer their business cards. Be sure to keep them and pencil notes regarding the

individual on his/her card. These notes will serve as helpful reminders for follow-up purposes. Your professional impression is enhanced, if you also

offer a card to others in exchange for theirs. If you do not have a business card, have a simple calling card (listing your name, phone

numbers/address) prepared at a local printing shop.

After any meeting you attend, decide which individuals you may wish to pursue further. You may wish to record notes of these network contacts in a

journal. A follow-up phone call, letter, or visit is best determined by the type of relationship that you have established with him/her at that point. In

some cases, you are building friendships that will continue long after your information gathering or job seeking goals are met.

A network is like a spider web, spinning further outward as you make additional contacts. Be careful not to press too hard at any one contact point

or the web will collapse. You are at the center of the web and it is up to you and your efforts to keep this network up and functional.

Rules of Networking DO

• Try to give as much as you get.

• Follow up on any leads your receive and report back to anyone who has given you a lead.

• Be well informed before asking questions.

• Call members of your network at times other than just when you need something. Occasionally call for "no reason at all."

• Keep in touch with your old network.

• Call ahead when you have given someone's name to a person in your network.

• Keep expanding your network.

• Take advice when you have asked for it.

• Deliver on your promises.

• Take others upon their offers to help.

• Include a wide cross-section of people in your network.

• Try to circulate at network meetings.

• Support and promote other people, as well as yourself.

• Know your skills, accomplishments and goals.

DO NOT

• Be afraid to ask for what you need.

• Pass up opportunities to network.

• Expect your network to serve as a placement service.

• Be discouraged if someone is unresponsive to your networking overtures.

Page 97: Bye Laws Final Notes (1)

• Expect any group to meet all your needs.

Credit all incomes and gains

Page 98: Bye Laws Final Notes (1)
Page 99: Bye Laws Final Notes (1)
Page 100: Bye Laws Final Notes (1)
Page 101: Bye Laws Final Notes (1)

CONSTRUCTION SITE LAYOUT PLANNING

1. Introduction

Most construction sites that run into trouble do so for reasons related to managerial factors rather

than because of technical problems. The site-based management can make significant

improvements in the cost and time savings during the construction process without involving a

mass of additional work. The role of site managers is to control and maintain work performance

and then taking actions to rectify situations where performance is unsatisfactory.

Site management, in general, involves many tasks, such as site investigation before

construction process starts, material delivery and procurement management, keeping better site

records, keeping good site communication and high level of information flow, monitoring

performance regularly, establishing a well co-ordination system among different parts, and

performing a good site layout planning.

Among the important tasks of site management is the site layout planning. Extensive time

loss and cost overruns could result in large projects, where the number of manpower,

subcontractors, and equipment involved are high, if there is no effective and systematic approach

to site planning. A detailed planning of the site layout and location of temporary facilities can

enable the management to make considerable improvement by minimizing travel time, waiting

time, and increasing worker morale by showing better and safer work environment. Due to its

importance, this research focuses on the site layout planning problem.

Construction site layout involves identifying, sizing, and placing temporary facilities (TFs)

within the boundaries of construction site. These temporary facilities range from simple laydown

areas to warehouses, fabrication shops, maintenance shops, batch plant, and residence

facilities. Required temporary facilities and their areas are depending in many factors including

project type, scale, design, location, and organization of construction work. Site planning in particular, has been the most neglected aspect in the construction industry

and the attitude of the engineers has been that it will be done as the project progress. It is

important to realize that the site planning will be the conditions that site personnel will live with

for the total duration of the construction period. Thus the careful pre-planning is imperative.

Page 102: Bye Laws Final Notes (1)

Also, since the labor cost on a large project constitute approximately 50 to 60 percent of the total

project cost, significant saving can be occurred if the labor force moved freely and quickly

within the site. In 1987, the Construction Industry Institute reported in its “Constructability

Concepts File” that temporary facilities are important elements that can either enhance or

adversely affect construction productivity.

Layout planning, in general, can be viewed as a complex optimization problem that has

many engineering applications ranging from the layout of manufacturing plants to the layout of

computer chips on a board. Since the early 1960's, the problem has been extensively analyzed in

the Industrial Engineering and Operational Research communities. However, it has not been

satisfactory analyzed in the construction domain. Site Layout Planning 2 Dr. Emad Elbeltagi

There are two general objectives which planners should seek to meet through careful

organization of the site for construction. First, the site must be designed to maximize efficiency

of operations in order to promote worker productivity, to shorten project time and to reduce cost.

Second, the final plan must create a project with a good work environment in order to attract and

retain the best personnel and thus contribute to better work quality and productivity.

The problem of site layout planning has been solved by researchers using two distinctly

techniques: optimization and heuristics. Mathematical optimization procedures have been

designed to produce the optimum solutions. The heuristic methods, on the other hand, used to

produce good but not optimal solutions. However, the first category can not be adopted for large

projects, and the second category is the only available mean for solving the complex real life

projects.

2. The Problem

Failure to plan the site layout in advance is a prime cause of operational inefficiency, and can

increase the overall cost of a project substantially. In the absence of a precise site layout plan, the

following problems may occur:

a. Material stacks wrongly located. Materials arriving on site are off-loaded into what

someone guesses to be the correct location. This problem may involve double or triple

handling of materials to another location. For example:

- They may stocked over a drainage line or near the edge of excavation;

- They are too far from the work area;

- They are too remote from the hoist or not within the radius of the crane;

- They impede the smooth flow of work traffic across the site;

- Their delivery was wrongly phased and they are not needed until much later in the

project;

- They are fragile.

b. Plant and equipment wrongly located. For example:

- The mixer is inaccessible for the delivery of materials; not enough room for the

storage of aggregates;

- Fixed cranes are unable to reach all parts of the works;

- Hoists have insufficient capacity or height to handle the loads or badly located in

relation to the floor layout;

c. Inadequate space allowed. Where inadequate space is allowed for the stacking of materials

or activities:

- Materials may be stacked to high or stacked on roadways causing hazards.

- Working areas may become too cramped or additional areas may have o be allocated

with the consequent waste of time caused by having to travel between them.

d. Site huts wrongly located in relation to their effective use, such as:

- Site office located too near noisy activities such as mixer, or located too near to site

roads in dusty conditions, or too remote with insufficient overview of the site. Site Layout Planning 3 Dr. Emad Elbeltagi

- Warehouses having inadequate access for loading and unloading or located in

insecure area.

Therefore, before moving on to a site, it is necessary to prepare a detailed site plan,

showing the positions to be taken by every item of equipment, accommodation, ancillary work

areas and materials storage areas.

3. Present Practice

In construction, field practitioners manually mark up a single site drawing to include major

Page 103: Bye Laws Final Notes (1)

temporary facilities needed on site throughout the duration of the project. They depend on

knowledge of years of experience, common sense, and adoption of past layouts in determining

positions of temporary facilities on site. But, they can not keep track of all factors that could

affect the selection, location, and interactions of all facilities to be positioned.

In fact, site layout planning is one of the preplanning tasks to be accomplished in a

construction project. This task has an interactive relationship with the other planning tasks such

as scheduling, selection of construction method, procurement and material planning, manpower

and equipment planning, and financial planning. So, it becomes a task as important as other tasks

that project managers have to accomplish.

4. Site Layout Planning Elements

A well planned site including all temporary facilities and utilities lead to: 1) increasing

productivity and safety, 2) reducing area(s) needed for temporary construction, and 3)

maximizing utilization. The following points should be considered in good site layout.

1. Safety

- Fire prevention: Fire is a major cause of damage on construction sites. So that, fire

extinguishers are basic requirements on a construction project.

- Medical services: On construction project a first aid kit is a must. In remote projects a

well-equipped medical room with a doctor and nurse is important.

- Construction safety clothing: Basic safety supplies like safety shoes, hard hats, gloves, and

goggles must be used by workers.

2. Site Accessibility Easy accessibility will keep the morale of the equipment and vehicle drivers high, minimize

the chance of accidents, and save time in maneuvering to arrive at and leave the project. In

case of large projects, proper planning is required to layout the roads leading from the nearest

highway. Internal roads are necessary for easy flow of work. Also, Parking Lots are provided

for the owner, office, and craft personnel, but this facility must be planned where space does

exist. Site Layout Planning 4 Dr. Emad Elbeltagi

3. Information Signs - Site map: It should locate details of the project, and displayed in the office of the site

superintendent or project manager and posted at the entrance gate.

- Traffic regulatory signs: For large projects, traffic regulatory signs help in guiding the

traffic on the site and avoid accidents to a considerable extent.

- Display of labor relations’ policy and safety rules: This will help in eliminating disputes

between labor and management.

- Emergency routes and underground services: It is important to display the emergency

escape routes on every floor as the building progresses. Locations of underground services

should be marked to prevent its damage.

4. Security - Entrance: It is necessary to have a proper guard entrance to the site provided by a booth.

Also, it is necessary to keep track of all visitors to the project.

- Lighting: It is necessary to have a standby generator to maintain site lighting.

- Fencing: The boundary should be fenced off from a security point of view.

5. Accommodation On large construction projects, it is necessary to provide camp accommodation for all type of

staff involved in the project.

6. Offices The offices should be close together, close to the site, and in a safe area. Also, provide the

offices with proper office equipment. The offices at the site may include job office, general

contractor office, and sub-contractors and consultants Offices.

7. Water Supply and Sanitation It is necessary to have water and toilet facilities in convenient locations to accommodate the

work force.

8. Material Handling One third or more of all construction operations can be classified as material handling. The

use of proper equipment for material handling and advance planning for minimizing multiple

handling will result in direct cost and time savings.

9. Storage and site cleaning

Page 104: Bye Laws Final Notes (1)

It is necessary to plan and reserve storage areas for materials so that multiple movement of

material is avoided. Site Layout Planning 5 Dr. Emad Elbeltagi

- Laydown areas: Areas reserved for storage of large materials and equipment and it can be

short-term or long-term.

- Warehouses: They are sheltered storage facilities where materials are stored until they have

disbursed to the job.

- Material staging areas: They used when materials are stored near the work on a short-term

basis. They are generally as close to work as possible.

- Site cleaning: It is necessary at a work place and especially where the extent of debris

produced is high. Regular disposal of debris is necessary.

10. Craft Change-Houses Craft change-houses provide sheltered space for craft personnel to change and store clothes,

wash, and rest during waiting periods.

11. Batch plant and Fabrication Shops

Batch plants are provided on projects where it is more economical to produce concrete on site

than to buy a ready mix. Aggregate storage piles, cement silos and admixture tanks will

accompany an on-site batch plant. Shops are used where materials and equipment are

fabricated on site. This includes electrical, mechanical, carpentry, and paint shops. Also,

testing shops used to house the necessary testing equipment and personnel for the project.

5. Temporary Facilities Characteristics

It is important to understand the characteristics of the temporary facilities before planning the

site layout. Six generic temporary facility characteristics are discussed in this section.

1. Satisfying environmental and safety regulations: All temporary facilities should satisfy

environmental and safety regulations. Special attention should be paid to temporary

facilities like batch plants, which have high pollution potential. Planners have to make

proper arrangements to control the air, water, and noise pollution from such facilities.

2. Availability of diverse solutions for the same problem: There are many arrangements that

can be made to establish a temporary facility. For example, if a warehouse is required, the

planner can build a warehouse on the site, use existing facilities on the site, rent a building

near the site, or plan a just in time delivery. Based on the usage of the warehouses, each

alternative can be further divided into several sub items. For example, the material of

building the facility can vary from wood, bricks, to a steel structure.

3. Relatively short life span of a specific location: The life span of temporary facility depends

on the duration of the project. In general, it must be removed as soon as the project is

completed.

4. Reutilization with a minimum loss for the same or modified function at another location:

Due to the shorter life span of temporary facility on site, planners consider reutilization of

the temporary facilities. This can result in saving the cost of construction. With appropriate Site Layout Planning 6 Dr. Emad Elbeltagi

modifications, most of the temporary facilities can be used for more different purposes.

Therefore, good maintenance, and storage of the building materials can increase the

frequency of reutilization and decrease construction costs significantly.

5. Easy of assembly, dismantling, and exploitation: temporary facilities structures which are

easy to assemble and dismantle will reduce both assembly and disassembly time. As

mentioned above, temporary facilities will need to be removed in a very short period of

time after project completion. Thus, temporary facilities structures should be easy to

assemble and dismantle without any damage to the structure components. Prefabricated

modules are ideal for constructing temporary facilities and they are usually easy to

assemble and dismantle.

6. Standardization of design: Standardization of design and construction of temporary

facilities can increase the frequency of reutilization and reduce the work-hours and cost

required for construction the facilities. This approach makes the maintenance,

transportation and storage of temporary facilities easy. The benefits of the learning curve

can be gained from repetitive field operations, which results in increase of productivity and

quality. Also, benefits are obtained by providing grater interchangeability of spare parts

and reducing the variety of spare parts stored in the warehouse.

6. Facility Identification and Sizing

Page 105: Bye Laws Final Notes (1)

Identifying the required temp

difficult decisions that require thorough consideration of the project conditions and local

regulations. In current practice, layout planning is often done in a speedy manner by adjust

previous plans based mainly on the project manager's experience and common sense. In many

situations, some facilities, which are required by local by

fire route may be omitted. Accommodating these facilities l

of site productivity. While some information related to facility identification and sizing have

been documented in the literature, this information however is scattered and is not readily usable.

In order to develop th

knowledge were acquired and compiled from different sources, including construction safety and

health manuals, company handbooks, published dissertations, technical articles, and

with some experts in the construction industry.

Temporary Facilities Selection

One of the characteristics of temporary facilities is the availability of diverse solutions for the

same

temporary facilities for a specific project.

- Construction type

more

projects such as a highway project.Site Layout Planning 7 Dr. Emad Elbeltagi

Value engineeringFrom Wikipedia, the free encyclopedia

Value engineering

examination of function. Value, as defined, is the ratio of function to

improving the function or reducing the

not be reduced as a co

Identifying the required temp

difficult decisions that require thorough consideration of the project conditions and local

regulations. In current practice, layout planning is often done in a speedy manner by adjust

previous plans based mainly on the project manager's experience and common sense. In many

situations, some facilities, which are required by local by

fire route may be omitted. Accommodating these facilities l

of site productivity. While some information related to facility identification and sizing have

been documented in the literature, this information however is scattered and is not readily usable.

In order to develop th

knowledge were acquired and compiled from different sources, including construction safety and

health manuals, company handbooks, published dissertations, technical articles, and

with some experts in the construction industry.

Temporary Facilities Selection

One of the characteristics of temporary facilities is the availability of diverse solutions for the

same function. This section describes some of the considerations when selecting the required

temporary facilities for a specific project.

Construction type

more storage and fabrication area for process mechanical and electrical work than other

projects such as a highway project.Site Layout Planning 7 Dr. Emad Elbeltagi

Chapter 8 Project Scheduling

Value engineeringFrom Wikipedia, the free encyclopedia

Value engineering

examination of function. Value, as defined, is the ratio of function to

improving the function or reducing the

not be reduced as a co

Identifying the required temp

difficult decisions that require thorough consideration of the project conditions and local

regulations. In current practice, layout planning is often done in a speedy manner by adjust

previous plans based mainly on the project manager's experience and common sense. In many

situations, some facilities, which are required by local by

fire route may be omitted. Accommodating these facilities l

of site productivity. While some information related to facility identification and sizing have

been documented in the literature, this information however is scattered and is not readily usable.

In order to develop the knowledge base for the facility identification and area determination, the

knowledge were acquired and compiled from different sources, including construction safety and

health manuals, company handbooks, published dissertations, technical articles, and

with some experts in the construction industry.

Temporary Facilities Selection

One of the characteristics of temporary facilities is the availability of diverse solutions for the

function. This section describes some of the considerations when selecting the required

temporary facilities for a specific project.

Construction type: The construction of an industrial plant, such as power plant, requires

storage and fabrication area for process mechanical and electrical work than other

projects such as a highway project.Site Layout Planning 7 Dr. Emad Elbeltagi

Chapter 8 Project Scheduling

Value engineeringFrom Wikipedia, the free encyclopedia

Value engineering (VE) is a systematic method to improve the "value" of goods or products and services by using an

examination of function. Value, as defined, is the ratio of function to

improving the function or reducing the

not be reduced as a consequence of pursuing value improvements.

Identifying the required temporary facilities for a specific project and determining their areas are

difficult decisions that require thorough consideration of the project conditions and local

regulations. In current practice, layout planning is often done in a speedy manner by adjust

previous plans based mainly on the project manager's experience and common sense. In many

situations, some facilities, which are required by local by

fire route may be omitted. Accommodating these facilities l

of site productivity. While some information related to facility identification and sizing have

been documented in the literature, this information however is scattered and is not readily usable.

e knowledge base for the facility identification and area determination, the

knowledge were acquired and compiled from different sources, including construction safety and

health manuals, company handbooks, published dissertations, technical articles, and

with some experts in the construction industry.

Temporary Facilities Selection

One of the characteristics of temporary facilities is the availability of diverse solutions for the

function. This section describes some of the considerations when selecting the required

temporary facilities for a specific project.

: The construction of an industrial plant, such as power plant, requires

storage and fabrication area for process mechanical and electrical work than other

projects such as a highway project. Site Layout Planning 7 Dr. Emad Elbeltagi

Chapter 8 Project Scheduling

Value engineering From Wikipedia, the free encyclopedia

) is a systematic method to improve the "value" of goods or products and services by using an

examination of function. Value, as defined, is the ratio of function to

improving the function or reducing the cost. It is a primary tenet of value engineering that basic functions be preserved and

nsequence of pursuing value improvements.

orary facilities for a specific project and determining their areas are

difficult decisions that require thorough consideration of the project conditions and local

regulations. In current practice, layout planning is often done in a speedy manner by adjust

previous plans based mainly on the project manager's experience and common sense. In many

situations, some facilities, which are required by local by

fire route may be omitted. Accommodating these facilities l

of site productivity. While some information related to facility identification and sizing have

been documented in the literature, this information however is scattered and is not readily usable.

e knowledge base for the facility identification and area determination, the

knowledge were acquired and compiled from different sources, including construction safety and

health manuals, company handbooks, published dissertations, technical articles, and

with some experts in the construction industry.

One of the characteristics of temporary facilities is the availability of diverse solutions for the

function. This section describes some of the considerations when selecting the required

temporary facilities for a specific project.

: The construction of an industrial plant, such as power plant, requires

storage and fabrication area for process mechanical and electrical work than other

Chapter 8 Project Scheduling

This article

article by

and removed.

This article

to secondary or tertiary sources

) is a systematic method to improve the "value" of goods or products and services by using an

examination of function. Value, as defined, is the ratio of function to

. It is a primary tenet of value engineering that basic functions be preserved and

nsequence of pursuing value improvements.

orary facilities for a specific project and determining their areas are

difficult decisions that require thorough consideration of the project conditions and local

regulations. In current practice, layout planning is often done in a speedy manner by adjust

previous plans based mainly on the project manager's experience and common sense. In many

situations, some facilities, which are required by local by-laws, such as a site first

fire route may be omitted. Accommodating these facilities later can be costly and can cause loss

of site productivity. While some information related to facility identification and sizing have

been documented in the literature, this information however is scattered and is not readily usable.

e knowledge base for the facility identification and area determination, the

knowledge were acquired and compiled from different sources, including construction safety and

health manuals, company handbooks, published dissertations, technical articles, and

One of the characteristics of temporary facilities is the availability of diverse solutions for the

function. This section describes some of the considerations when selecting the required

: The construction of an industrial plant, such as power plant, requires

storage and fabrication area for process mechanical and electrical work than other

Chapter 8 Project Scheduling

article needs additional citations for

by adding citations to reliable sources

and removed. (November 2007)

This article relies on references

secondary or tertiary sources

) is a systematic method to improve the "value" of goods or products and services by using an

examination of function. Value, as defined, is the ratio of function to cost

. It is a primary tenet of value engineering that basic functions be preserved and

nsequence of pursuing value improvements.[1]

orary facilities for a specific project and determining their areas are

difficult decisions that require thorough consideration of the project conditions and local

regulations. In current practice, layout planning is often done in a speedy manner by adjust

previous plans based mainly on the project manager's experience and common sense. In many

laws, such as a site first

ater can be costly and can cause loss

of site productivity. While some information related to facility identification and sizing have

been documented in the literature, this information however is scattered and is not readily usable.

e knowledge base for the facility identification and area determination, the

knowledge were acquired and compiled from different sources, including construction safety and

health manuals, company handbooks, published dissertations, technical articles, and

One of the characteristics of temporary facilities is the availability of diverse solutions for the

function. This section describes some of the considerations when selecting the required

: The construction of an industrial plant, such as power plant, requires

storage and fabrication area for process mechanical and electrical work than other

needs additional citations for

adding citations to reliable sources

(November 2007)

references to primary sources

secondary or tertiary sources. (November 2007)

) is a systematic method to improve the "value" of goods or products and services by using an

cost. Value can therefore be increased by either

. It is a primary tenet of value engineering that basic functions be preserved and

[1]

orary facilities for a specific project and determining their areas are

difficult decisions that require thorough consideration of the project conditions and local

regulations. In current practice, layout planning is often done in a speedy manner by adjust

previous plans based mainly on the project manager's experience and common sense. In many

laws, such as a site first-aid office or a

ater can be costly and can cause loss

of site productivity. While some information related to facility identification and sizing have

been documented in the literature, this information however is scattered and is not readily usable.

e knowledge base for the facility identification and area determination, the

knowledge were acquired and compiled from different sources, including construction safety and

health manuals, company handbooks, published dissertations, technical articles, and interviews

One of the characteristics of temporary facilities is the availability of diverse solutions for the

function. This section describes some of the considerations when selecting the required

: The construction of an industrial plant, such as power plant, requires

storage and fabrication area for process mechanical and electrical work than other

needs additional citations for verification

adding citations to reliable sources. Unsourced material may be challenged

primary sources.

mber 2007)

) is a systematic method to improve the "value" of goods or products and services by using an

. Value can therefore be increased by either

. It is a primary tenet of value engineering that basic functions be preserved and

orary facilities for a specific project and determining their areas are

difficult decisions that require thorough consideration of the project conditions and local

regulations. In current practice, layout planning is often done in a speedy manner by adjusting

previous plans based mainly on the project manager's experience and common sense. In many

aid office or a

ater can be costly and can cause loss

of site productivity. While some information related to facility identification and sizing have

been documented in the literature, this information however is scattered and is not readily usable.

e knowledge base for the facility identification and area determination, the

knowledge were acquired and compiled from different sources, including construction safety and

interviews

One of the characteristics of temporary facilities is the availability of diverse solutions for the

function. This section describes some of the considerations when selecting the required

: The construction of an industrial plant, such as power plant, requires

storage and fabrication area for process mechanical and electrical work than other

verification. Please help

. Unsourced material may be challenged

. Please add references

) is a systematic method to improve the "value" of goods or products and services by using an

. Value can therefore be increased by either

. It is a primary tenet of value engineering that basic functions be preserved and

improve this

. Unsourced material may be challenged

Please add references

) is a systematic method to improve the "value" of goods or products and services by using an

. Value can therefore be increased by either

. It is a primary tenet of value engineering that basic functions be preserved and

. Unsourced material may be challenged

. It is a primary tenet of value engineering that basic functions be preserved and

Page 106: Bye Laws Final Notes (1)

In the United States, value engineering is specifically spelled out in Public Law 104-106, which states “Each executive

agency shall establish and maintain cost-effective value engineering procedures and processes." [2]

Value engineering is sometimes taught within the project management or industrial engineering body of knowledge as a

technique in which the value of a system’s outputs is optimized by crafting a mix of performance (function) and costs. In

most cases this practice identifies and removes unnecessary expenditures, thereby increasing the value for the

manufacturer and/or their customers.

VE follows a structured thought process that is based exclusively on "function", i.e. what something "does" not what it is. For

example a screw driver that is being used to stir a can of paint has a "function" of mixing the contents of a paint can and not

the original connotation of securing a screw into a screw-hole. In value engineering "functions" are always described in a two

word abridgment consisting of an active verb and measurable noun (what is being done - the verb - and what it is being

done to - the noun) and to do so in the most non-prescriptive way possible. In the screw driver and can of paint example, the

most basic function would be "blend liquid" which is less prescriptive than "stir paint" which can be seen to limit the action

(by stirring) and to limit the application (only considers paint.) This is the basis of what value engineering refers to as

"function analysis".[3]

Value engineering uses rational logic (a unique "how" - "why" questioning technique) and the analysis of function to identify

relationships that increase value. It is considered a quantitative method similar to the scientific method, which focuses on

hypothesis-conclusion approaches to test relationships, and operations research, which uses model building to identify

predictive relationships.

Value engineering is also referred to as "value management" or "value methodology" (VM), and "value analysis" (VA).[4] VE

is above all a structured problem solving process based on function analysis—understanding something with such clarity

that it can be described in two words, the active verb and measurable noun abridgement. For example, the function of a

pencil is to "make marks". This then facilitates considering what else can make marks. From a spray can, lipstick, a diamond

on glass to a stick in the sand, one can then clearly decide upon which alternative solution is most appropriate.

Contents

[hide]

• 1 Origins

• 2 The Job Plan

• 3 How it works

• 4 See also

• 5 References

• 6 Further reading

• 7 External links

Origins[edit]

Value engineering began at General Electric Co. during World War II. Because of the war, there were shortages of skilled

labour, raw materials, and component parts. Lawrence Miles, Jerry Leftow, and Harry Erlicher at G.E. looked for acceptable

substitutes. They noticed that these substitutions often reduced costs, improved the product, or both. What started out as an

accident of necessity was turned into a systematic process. They called their technique "value analysis".

The Job Plan[edit]

Page 107: Bye Laws Final Notes (1)

Value engineering is often done by systematically following a multi-stage job plan. Larry Miles' original system was a six-step

procedure which he called the "value analysis job plan." Others have varied the job plan to fit their constraints. Depending on

the application, there may be four, five, six, or more stages. One modern version has the following eight steps:

1. Preparation

2. Information

3. Analysis

4. Creation

5. Evaluation

6. Development

7. Presentation

8. Follow-up

Four basic steps in the job plan are:

• Information gathering - This asks what the requirements are for the object. Function analysis, an important technique in

value engineering, is usually done in this initial stage. It tries to determine what functions or performance characteristics

are important. It asks questions like; What does the object do? What must it do? What should it do? What could it do?

What must it not do?

• Alternative generation (creation) - In this stage value engineers ask; What are the various alternative ways of meeting

requirements? What else will perform the desired function?

• Evaluation - In this stage all the alternatives are assessed by evaluating how well they meet the required functions and

how great the cost savings will be.

• Presentation - In the final stage, the best alternative will be chosen and presented to the client for final decision.

How it works[edit]

VE follows a structured thought process to evaluate options as follows.

Gather information

1.What is being done now?

Who is doing it?

What could it do?

What must it not do?

Measure

2.How will the alternatives be measured?

What are the alternate ways of meeting requirements?

What else can perform the desired function?

Analyze

3.What must be done?

What does it cost?

Generate

Page 108: Bye Laws Final Notes (1)

4.What else will do the job?

Evaluate

5.Which Ideas are the best?

6. Develop and expand ideas

What are the impacts?

What is the cost?

What is the performance?

7.Present ideas

Sell alternatives

Employment Rights & Conditions

• The Employment Act & Who It Covers

• Contracts of Service & Termination

• Hours of Work & Rest Days

• Salary

• Retrenchment

• Retirement and Re-employment Act

• Central Provident Fund

• Workfare

• WorkRight

• Young Persons & Children

Amendments to the Employment Act

Leave & Holidays

Part Time Employment

Employment Related Services

Fair Employment

WorkPro

Work Life Harmony

Medical Benefits

Tripartism in Singapore

Trade Unions

International Labour Relations

Resources

Workplace Diversity Management

Best Sourcing

Community Engagement Programme at Workplaces

The Employment Act: Who it covers

Page 109: Bye Laws Final Notes (1)

Note:

• From 1 April 2014, persons employed in managerial and executive positions earning a basic monthly salary not exceeding

$4,500 will be covered under the Employment Act, except for the provisions in Part IV.

• From 1 April 2014, non-workmen employees earning a basic monthly salary not exceeding $2,500 will be covered under Part

IV of the Employment Act.

• Who is covered by the Employment Act

• Managers & executives

• Workmen

Who is covered by the Employment Act

The Employment Act covers every employee (regardless of nationality) who is under a contract of service with an employer, except:

a. Any person employed in a managerial or executive position

b. Any seaman;

c. Any domestic worker; and

d. Any person employed by a Statutory Board or the Government.

Part IV of the Act, which provides for rest days, hours of work and other conditions of service, applies only to:

a. Workmen earning not more than $4,500 basic monthly salaries and

b. Employees earning not more than $2,000 basic monthly salaries.

Managers & executives

Managers and executives are employees with executive or supervisory functions. These functions include the authority to influence

or make decision on issues such as recruitment, discipline, termination of employment, assessment of performance and reward, or

involvement in the formulation of strategies and policies of the enterprise, or the management and running of the business.

They also include professionals with tertiary education and specialised knowledge/skills and whose employment terms are

comparable to those of managers and executives. Professionals such as lawyers, accountants, dentists and doctors whose nature

and terms of employment are comparable to executives would generally be deemed as such, and hence they would not be covered

under the Act.

Junior managers and executives earning $4,500 basic monthly salary and below are onlycovered partially on the basic payment

of salary. All other provisions do not apply to them.

Page 110: Bye Laws Final Notes (1)

Workmen

A workman is an employee whose work involves manual labour. This includes a worker who falls under any of the following

categories:

a. Any person, skilled or unskilled, doing manual work, including any artisan or apprentice but excluding any seaman or

domestic servant;

b. Any person, other than clerical staff, employed in the operation or maintenance of mechanically propelled vehicles that

transport passengers, for hire or commercial purposes;

c. Any person employed to supervise any workman and perform manual work. However, this is subject to the requirement that

the time spent on manual work must be more than half of the total working time in a salary period; or

d. Any person specified in the First Schedule of the Employment Act, namely:

i. Cleaners;

ii. Construction workers;

iii. Labourers;

iv. Machine operators and assemblers;

v. Metal and machinery workers;

vi. Train,bus, lorry and van drivers;

vii. Train and bus inspectors;and

viii. All workmen employed on piece rates at the employer's premises.

It covers both local and foreign employees. It does not make any distinction between a temporary employee, contract employee,

daily-rated employee or employee on tenured employment.

For employees working less than 35 hours a week, they are covered by the Employment of Part-Time Employees Regulations,

which provide certain flexibility for both the employers and employees, including the pro-rating of employment benefits, encashment

of annual leave and provision of rest day.

SERVICES

• e-Calculator

• Maternity & Childcare Leave Self-Assessment Tool

• Employment Standards Online (ESOL) for Individual Users

• Employment Standards Online (ESOL) for Business Users

• Notification of Retrenchment Exercise

FORMS

• Application for Overtime Exemption - 12 hours

• Application for Overtime Exemption (72 hours a month)

• Notification of Young Person Employed in an Industrial Undertaking