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ARCHITECTURE PROFESSIONAL PRACTICE

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ARCHITECTURE PROFESSIONAL PRACTICE

  1. 1. Architectural PROFESSIONAL PRACTICE AND ETHICS IN INDIA
  2. 2. CLASS 1 18.7.2017 UNIT 1 INTRODUCTION TO ARCHITECTURAL PROFESSION CODE OF CONDUCT & ETHICS
  3. 3. IS ARCHITECTURE A PROFESSION OR A BUSINESS
  4. 4. COMPARISON OF PROFESSION AND BUSINESS OBJECTIVE BUSINESS PROFESSION Earning profit Rendering service QUALIFICATION Nothing Specialized knowledge required ESTABLISHMENT Entrepreneur decision and fulfillment of legal formalities Membership of the professional and certificate to practice is needed CODE OF CONDUCT No prescribed code of conduct Code of conduct prescribed need to be followed ADVERTISEMENT Products and services are advertised to increase sale Advertisement is strictly prohibited as per code of conduct REWARD Profit Professional fee RISK FACTOR Always present Not always present TRANSFER OF INTEREST Possible Not possible CAPITAL Capital requires based on the size & nature of the business Limited capital is required
  5. 5. CLASS 2 20.7.2017 UNIT 1 INTRODUCTION TO ARCHITECTURAL PROFESSION CODE OF CONDUCT & ETHICS
  6. 6. HISTORY OF ARCHITECTURAL PROFESSION & PRACTICE IN INDIA BRITISH RAJ /RULE (1858 to 1947) BRITISH ARCHITECTS INVITED TO INDIA GOVN BUILDINGS TO BE CONSTRUCTED CONSTRUCTED FAMOUS BUILDINGS C.S.T BUILDING (V.T RAILWAY STATION) MUMBAI VICTORIA MEMORIAL KOLKATTA TAJ MAHAL PALACE HOTEL MUMBAI RIPON BUILDING CHENNAI TO ESTABLISH THE KINGDOM REQUIRED TRAINED ASSISSTANTS TO WORK STARTED SCHOOL OF ARCHITECTURE MUMBAI 1913 RENAMED SIR J.J COLLEGE OF ARCHITECTURE Oldest school in Asia EAST INDIA COMPANY (1757 to 1858) APART FROM GOVN ASSIGNMENTS BRITISH STARTED THEIR PRACTICE IN INDIA WORKED FOR MAHARAJAS , EUROPEAN BUSSINESS HOUSES ETC
  7. 7. DID YOU EVER THOUGHT WHY NORTH IS DOMINATING SOUTH IN THE FIELD OF ARCHITECTURE FIRST ARCHITECTURE COLLEGE SIR J.J COLLEGE OF ARCHITECTURE WAS STARTED IN MUMBAI (1913) INDUSTRIAL DEVELOPMENT MANY CITIES WERE BORN ARCHITECTURE COLLEGES ALSO SPRANG UP IN MOST OF THE CAPITALS AND BIG CITIES GIVING OPPORTUNITIES TO ALL HOWEVER TODAY ALSO CONCENTRATION OF ARCHITECTS WERE FOUND MORE IN AROUND MUMBAI, DELHI AND PUNE SCHOOL OF ARCHITECTURE AND PLANNING ,CHENNAI WAS FOUNDED IN THE YEAR 1957
  8. 8. PROFESSIONAL ORGANIZATION IN INDIA LAWYER BAR COUNCIL OF INDIA PHYSICIANS & SURGEONS INDIAN MEDICAL COUNCIL ENGINEERS INDIAN INSTITUTE OF ENGINEERS ARCHITECTS INDIAN INSTITUTE OF ARCHITECTS COUNCIL OF ARCHITECTURE
  9. 9. ARCHITECTURE PROFESSION IN INDIA IS GOVERNED BY COA IIA ITS A STATUTORY REGULATING BODY TO PROTECT PUBLIC FROM UN QUALIFIED PERSONS WORKING AS ARCHITECTS 1ST SEP 1972 ARCHITECTS ACT WAS PASSED ACCORDING TO THIS ACT ITS UNLAWFUL FOR ANY PERSON TO DESIGNATE HIMSELF AS ARCHITECT ARCHITECT= REQUIRES QUALIFICATIONS ,EXPERIENCE & REGISTRATION UNDER THE ACT CORPORATE BODY WAS CREATED WHICH IS CALLED AS COUNCIL OF ARCHITECTURE ARCHITECTS SHOULD BE REGISTGERED WITH COA TO PRACTICE,TO SERVE IN GOVN SECTOR & TO TEACH ITS AN ORGANISATION AND ASSOCIATION OF ARCHITECTS TO UNITE ARCHITECTS IN OUR COUNTRY TO PROMOTE ARCHITECTURAL PROFESSION IN INDIA TO ENCOURAGE ARCHITECTURAL EDUCATION IN INDIA TO PRESCRIE SYLLABUS AND TO HOLD EXAMINATION FOR THOSE WHO HAVE MISSED FORMAL EDUCATION IN ARCHITECTURE TO BRING CHANGES IN LAW RELATING TO ARCHITECTURAL PRACTICE TO ORGANIZE CONFERENCE, SEMINAR, LECTURES ETC ON SUBJECTS TEACHING TO ARCHITECTURE TO PROMOTE IMPROVEMENT OF QUALITY OF LIFE AND AWARENESS ABOUT ARCHITECTURAL PROFESSION IN THE SOCIETY
  10. 10. PRESIDENT VICE PRESIDENT 2 PERSONS NOMINATED BY INSTITUTE OF ENGINEERS 3 MEMBERS DISCIPLINARY COMMITEE COUNCIL OF ARCHITECTURE TERM 3 YEARS 5 ARCHITECTS ELECTED BY IIA 5 PERSONS ELECTED FROM HEAD OF INSTITUTIONS 2 PERSON NOMINATED BY AICTE 4 CHIEF ARCHITECTS EX-OFFICIO FROM CPWD,DEFENCE,RAIL WAY ETC 1 PERSON NOMINATED BY CENTRAL GOVN NON ARCHITECT 1 ARCHITECT NOMINATED BY STATE GOVN 5 MEMBERS EXECUTIVE COMMITEE 1 PERSON NOMINATED BY INSTITUTE OF SURVEYORS FUNCTIONAL STRUCTURE OF COA COA SHOULD MEET EVERY 6 MONTHS ANNUAL REPORT NEED TO BE PUBLISHED IN THE GAZETTE OF INDIA THREE MAIN FUNCTION OF COA:  Enrolment of persons holding recognized qualifications Regulate professional conduct of architects Assessment of the standard of education & training of architects within country
  11. 11.  ANY STUDENT FROM COLLEGE OF ARCHITECTURE  PAY MEMBERSHIP FEE  ACCESS RESOURCE LIKE LIBRARY  ATTEND VARIOUS PROGRAMME ORGANISED BY IIA  NO VOTING RIGHT  CANNOT ATTEND GENERAL BODY MEETING  GRAGUATE FROM IIA RECOGNIZED COLLEGE OF ARCHITECTURE  HE CAN ATTEND GENERAL BODY MEETING & OTHER ACTIVITIES  HE CAN VOTES AS WELL AS CONTEST IN ELECTION HELD BY IIA  THEY CAN WRITE A.I.I.A AFTER HIS NAME  PAY MEMBERSHIP FEE  AN ASSOCIATE MEMBER WITH 36 AND MORE YEARS OLD AND HAS BEEN ASSOCIATE MEMBER FOR MORE THAN TEN YEARS CAN BECOME FELLOW MEMBER ON APPLICATION  THEY CAN PRACTICE AS ARBITRATOR  ALL OTHER RIGHTS OF FELLOW MEMBER IS THE SAME AS AN ASSOCIATE  PAY MEMBERSHIP FEE  PERSON MAY NOT BE A QUALIFIED ARCHITECT, BUT CONTRIBUTED TO ARCHITECTURAL PROFESSION IN SOME WAY  NO VOTING RIGHT  THIS IS ONLY A HONOR BESTOWED ON THE PERSON MEMBER STUDENT MEMBER ASSOCIATE MEMBER FELLOW MEMBER HONORARY FELLOW MEMBER IIA – INDIAN INSTITUTE OF ARCHITECTS TIME PERIOD 2 YEARS PRESIDENT 2- VICE PRESIDENT 2- JOINT HONORARY SECRETARIES HONORARY TREASURER MEMBER FUNCTIONAL STRUCTURE OF IIA
  12. 12. CLASS 3 25.7.2017 UNIT 1 INTRODUCTION TO ARCHITECTURAL PROFESSION CODE OF CONDUCT & ETHICS
  13. 13. ARCHITECTURE PRACTICE INDIVIDUAL OWNERSHIP OWNERSHIP IS SHARED BY TWO OR MORE PARTNERS SIZE OF PARTNERSHIP FIRM INCREASES AND ANNUAL INCOME OF FIRM GOES UP (For Tax Benefits They Will Convert The Firm Into Private Limited Company) Investment of capital is done by individual Decision making authority Single owner is Responsible to handle both profit and loss PROPRIETARY CONCERN PARTNERSHIP FIRM PRIVATE LTD COMPANY Investment of capital will be taken care by the partners Partnership activity is governed by (INDIAN PARTNERSHIP ACT 1932) Sharing of profit can be equal or unequal basis as per the agreement. (ARCHITECTS ACT 1972) says that in an architectural firm all partners should be registered architects Company has to be registered with REGISTRAR OF COMPANIES as per(companies act 1956) If non architects were one of the member of the company then company will be registered as business firm NOT A PROFESSIONAL FIRM. They can offer variety of services in one single roof. ARCHITECTURE PRACTICE
  14. 14. ARCHITECTURE OFFICE ORGANIZATION STRUCTURE PRINCIPAL DRAWING/ DESIGN OFFICE STRUCTURAL / SURVEY DEPARTMENT ADMINISTRATION FUNCTION Development of design concept Scheme drawing Municipal drawing Working drawing Details Presentation drawings Views etc POSTS Senior architect Project architect Assistant architect Junior architect Drafts man Trainee FUNCTION Structural design Inputs Land survey Quantity survey Specifications Estimation Preparation of contract papers Bill checking & checking of item rates etc POSTS Structural designer Quantity surveyor Civil engineer Draftsman FUNCTION Office correspondence Book keeping Accounts Observation of govt tax, rules Stationery purchase Maintenance of office equipment House keeping POSTS Manager/Secretary Accounts clerk Clerk/typist Receptionist Peon REFERENCE LIBRARY IN THE OFFICE ( Catalogues of building material, Reference books, Drawings & CD
  15. 15. ARCHITECTURE PRACTICE – SETTING UP THE OFFICE Office is an entity different from yourself Capital invested is a loan to office The office should pay back the money in the form of profit with interest too. 1. Start your proprietary firm 2. Open a Fresh Bank Account apart from ongoing personal account 3. Office Account (strictly office account) 4. Capital is deposited in this account 5. All office expense is taken care by this account 6. Fees will also be deposited in this account 7. Detailed Pay In Slip Book should be maintained for all cheque with proper Bill No 8. Office account is usually Current Account, so no need to keep huge amount, you wont get interest as it’s not an saving account.
  16. 16. Book of account and other documents need to be maintained in an office under the rules of income tax act Following are the documents : 1. CASH BOOK 2. JOURNAL 3. CARBON COPIES OF MACHINE NUMBERED BILLS 4. BILLS, RECEIPTS AND VOUCHERS 5. LEDGER CASH BOOK -Its a Record Of All Transactions (income and expenditure in cash) -Each expenditure shall be supported by either a Receipt Or Voucher -If there is no cash transactions in office no need to maintain cash book PETTY CASH BOOK It’s a record of day to day expenditure (tea, coffee, stationery) of small value is entered in this book ) ARCHITECTURE PRACTICE – FINANCE MANAGEMENT – ELEMENTARY ACCOUNTS LEDGER Transactions recorded in cash book and journal are posted in the ledger under Different head of accounts. For an architects office different head of expenditure mentioned below: 1. Office rent and other charges like common service charges of the building or property tax 2. Stationery & printing charges 3. Postage 4. Electricity bills 5. Telephone bills 6. Salary bill paid to slip 7. Fees paid to consultants & surveyors 8. Interest paid to loan amount 9. Membership fees, registration charges in professional bodies and clubs, expenses for attending professional seminars, conventions, workshops, meetings etc. 10. Purchase of book, periodicals, newspapers etc 11. Travelling expenses 12. Entertainment
  17. 17. ARCHITECTURE PRACTICE – FINANCE MANAGEMENT –INCOME TAX & LIABILITIES INCOME TAX This is the central government tax on the income of an individual and of company as well. GROSS INCOME – ALLOWABLE EXPENSES = NET INCOME (100 Rupees) (60 Rupees) (40 Rupees) (Net income alone is considered for taxation) Expenditure under all the above Heads Explained Under Ledger above up to certain proportion is Allowable Expense Many ways to save money and to pay minimum taxes Money spend on the Following Schemes will Help In Reducing The Tax 1. LIFE INSURANCE 2. PUBLIC PROVIDENT FUND 3. NATIONAL SAVING SCHEME 4. LOAN FROM BANK  Hand loan when returned is not deductible from the gross income. Money if borrowed from any bank, the loan and the interest paid will be deductible from the gross income. Its convenient to borrow money for the development of office
  18. 18. ARCHITECTURE PRACTICE – ACTS TO BE FOLLOWED BY IN THE PRACTICE When an architect employs more than Ten Employees then its No more a small office. The office has to be covered under the definitions of an industry as per Industrial Disputes Act Of 1947 The owner of the office has to make following provisions: PAYMENT OF GRATUITY ACT Person who has completed minimum five years of service in a company is eligible to get gratuity at his time of termination of service. PAYMENT OF BONUS ACT This is applicable to an establishment where Twenty Or More Person are employed. Under this act employer has to pay 8.33% Of Annual Salary (one month salary) and maximum up to 20 % (even though the office is small , u should keep your employee happy by giving gracious amount per year as per your capacity) EMPLOYEES PROVIDENT FUND ACT This is applicable to an establishment where Twenty Or More Person are employed. Under this act, it’s a legal responsibility of an employer to deduct from the salary of an employee ,A Certain Amount Will Be Paid To The Government Treasury Along With Employer’s Contribution T.D.S (TAX DEDUCTED AT SOURCE) Payment of Income Tax And Professional Tax is an Individual’s Responsibility If the office grow big ,this Responsibility Is Taken Care By The Employer. Income and professional tax will be deducted and paid to the government treasury by the employer.
  19. 19. Students were advised to form a group of five The Main Task Was To Create A profile of their own Dream Architect’s Office The intent of this exercise was to understand the structure and ethics involved in running an Architects office STUDENTS TASK NO 1
  20. 20. STUDENTS TASK BOARD
  21. 21. CLASS 6 3.8.2017 UNIT 1 INTRODUCTION TO ARCHITECTURAL PROFESSION CODE OF CONDUCT & ETHICS
  22. 22. B ARCH COA RECOGNIZED INSTITUTION ARCHITECT OPPORTUNITIES WORK OFFICE ROLE OF ARCHITECT CODE OF CONDUCT OFFICE MANAGEMENT CAREER & POSSIBILITIES COA REGISTRATION OFFICE STRUCTURE CAPITAL KNOWLEDGE /EXPERIENCE MONEY ARCHITECT PROFESSION
  23. 23. ROLE OF AN ARCHITECT
  24. 24. AT THE COMMENCEMENT OF THE CAREER, ARCHITECT HAS THE FOLLOWING OPTIONS:  To buy a practice or may inherit the practice  To work in a firm and climb the ladder of promotion to the stage of becoming a principal or the partner of firm  Leave the firm and start his own practice  To win a competition and start his own practice  Individual joining together and starting a practice as partners ADVANTAGES OF WORKING IN A WELL ESTABLISHED FIRM :  Pleasant atmosphere, location, situation etc  High salary  High standard for design and its preparation  Sufficient time available for research  Able to handle big projects within a short time SHORT COMINGS OF THE OWN PRACTICE:  As he is the principal architect he has to do all technical and research work himself and he will thus lack in good technical information  Less productivity  Long period of experience required to handle big projects  Cannot satisfy the client so far as the speed is concerned  No vacation for the principal , when he is ill, the work will suffer ARCHITECTS CAREER & POSSIBILITIES 1. ADVISOR -Using the best of his knowledge and experiences he should advice the client. -His advice must be only in the interest of his client. 2. GENERAL MANAGER -He Is entrusted with financial undertakings -He has to co ordinate with many agencies like a general manager -His honesty of purpose must be above suspicion 3. AUDITOR -He has to certify bills, payments & fees to the contractors and other consultant -He has to work as an auditor -He must be selfless & impartial 4. SUPERVISOR -Architect must frequently visit work under construction irrespective of the distance -He has to inspect site, either work has been carried out as per conditions and specification of the contract -The owner or the client completely rely on the architect in this aspect 5. UMPIRE -He has to work like an umpire in case of dispute between the owner & the contractor -He must act with entire impartiality 6. SOCIAL CONSCIOUSNESS -He has the moral responsibility towards the society -His behavior in the society reflects upon the architectural fraternity as a whole 7. EDUCATOR -He shall educate directly or indirectly, his clients and the society to improve quality of living and environment -these are the moral and legal expectations of an architect
  25. 25. By developing his one man practice architect gradually assumes the principal and a stage might come when he simply become an artist administrator . He is the chief man in the office with legal and financial responsibilities  To keep a steady flow of work so as to maintain the high standard of his office  To take active part in the social activities  To submit work for publication in technical journals  To co ordinate with various consultants to obtain the desired results without any hitch and delay  Proper distribution of work among office staff member  Financing of the office  Attend to contract, cost planning and time limit for the completion of the work DUTIES AND RESPONSIBILITIES OF A PRINCIPAL ARCHITECT
  26. 26. HOW THE WORK IS OBTAINED TO THE ARCHITECT? ARCHITECT OFFICE & ITS MANAGEMENT 1. Office location should be in a prominent and convenient place for easy accessibility 2. Architects office need to be designed in a functional manner 3. All inmates should get proper ventilation and lighting 4. Care should be taken that no over crowding takes place 5. Architect should itself be methodical, then only he can expect discipline from his office staffs 6. His cabin should bear evidence of his professional status 7. He should arrange appointments with his clients in a proper way to avoid long waiting time 8. He should be ready for the clients meeting as per the appointment with all necessary requirements 9. Catalogue and samples should be properly arranged 10. sufficient time and care should be allotted for all the office staff members 11. Office should posses a good library
  27. 27. CODE OF PROFESSIONAL CONDUCT- 1989 UNDER THE ARCHITECTS ACT 1972 1. 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 2. Apply his skill to the creative, responsible and economic development of his country 3. Provide professional services of a high standard, to the best of his ability 4. 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 5. He will not pass on the work to another architect without prior agreement of his Client 6. Not give or take discounts, commissions, gifts or other inducements for the introduction of Clients or of work 7. Act with fairness and impartiality when administering a building contract 8. Maintain a high standard of integrity 9 ) Promote the advancement of Architecture, standards of Architectural education, research, training and practice 10) Conduct himself in a manner which is not derogatory to his professional 11) Character, nor likely to lessen the confidence of the public in the profession, nor bring Architects into disrepute 12) Compete fairly with other Architects 13) Observe and uphold the Council's conditions of engagement and scale of charges 14) Not supplant or attempt to supplant another Architect 15) Not prepare design free of charge or for a reduced fee ,however he may take part in competition approved by the council 16) Must not accept a project which he knows has been given to other architect , before he make sure that the previous appointment has been properly terminated and his dues has been settled. He must notify the previous architect before accepting the proposal. 17) Comply with Council's guidelines for Architectural competitions and inform the Council of his appointment as assessor for an Architectural competition
  28. 28. CODE OF PROFESSIONAL CONDUCT- 1989 UNDER THE ARCHITECTS ACT 1972 18) When working in other countries, observe the requirements of codes of conduct applicable to the place where he is working 19) 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 20) Provide their employees with suitable working environment, compensate them fairly and facilitate their professional development 21) Recognize and respect the professional contribution of his employees 22) Provide their associates with suitable working environment, compensate them fairly and facilitate their professional development 23) Recognize and respect the professional contribution of his associates 24) Recognize and respect the professional contribution of the consultants 25) Enter into agreement with them defining their scope of work, responsibilities, functions, fees and mode of payment 26) 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 : CODE OF PROFESSIONAL CONDUCT- 1989 UNDER THE ARCHITECTS ACT 1972  A notice of change of address may be published on three occasions and correspondents may be informed by post  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  Advertisements including the name and address of an Architect may be published in connection with calling of tenders, staff requirements and similar matters  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  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,  may allow his name to appear in brochure prepared by Clients for the purpose of advertising or promoting projects for which he has been commissioned  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  may allow his name to appear in the classified columns of the trade / professional directory and/or telephone directory/ website.
  29. 29. CLASS 7 8.8.2017 UNIT 2 ARCHITECT SERVICES, SCALE OF FEES & COMPETITIONS
  30. 30. ARCHITECTURAL COMPETITION  Its an important avenue to encourage talent to come to the force  Main purpose was to give the promoter of competition the choice of the best available design  The jury or assessor with his best of knowledge selects the best design and as well as gives the participants the best deal  Guideline of architectural competition lays considerable emphasis on the mandatory requirement of assessor and the qualification MERITS OF COMPETITION  Every competitor competes on same conditions, same information and within the same time limit  Entries are judged only by those who are qualified to read, to interpret and to judge, if the design selected meets the promoters requirement ASSESSOR  A senior architect (a fellow member of IIA, as per IIA norms) appointed by the promoter to help organize and conduct the competition from beginning to end  The board of assessors all times include architects registered with COA and shall be majority of at least by one when comparing to the promoters organization DUTIES AND RESPONSIBILITIES OF ASSESSOR  Should be available to advise the promoter on all matters connected to the competition  Assist in preparation and approval of the brief  To Carefully study the requirements of local authorities and it shall reflect in the brief  Should visit and inspect site of the project and his observation should reflect in the brief  Should advise promoter on the appointment of technical advisor (for example designing air port, space research centre)  Should finalize conditions of competition  Should prepare the final report on competition called award
  31. 31. PROJECT COMPETITION IDEA COMPETITION Aim was to select the best solution for an actual building project Competition is related to specific buildings and sites Purpose was to get a design of high creativity within available constraints Ultimate objective was to award the project to the winner of the competition This type is not necessarily project specific Its promoted to generate innovative ideas of design of buildings and town planning The winner of this competition is not expected to execute his design Departments having own drawing & designing team such as CPWD, HUDCO and CIDCO may conduct idea competition TYPE OF COMPETITION
  32. 32. OPEN COMPETITION LIMITED COMPETITION Competition is open to all architects Normally announced in daily newspapers, magazines and websites Normally three prizes will be given in competition, winner will be given the responsibility of design and execution of the project Promoter shortlist 5 to 8 nos of architects as per the advise of board of assessor Short listed architects were invited to participate in the competition Each participant who submits the design will get honorarium and winner will be asked to execute CLASSIFICATION OF COMPETITION SPECIAL COMPETITION Competition was conducted For projects like town planning or design of special buildings such as airport, satellite communication centre Competition held between limited competitors who has certain definite expertise It would be a competition by invitation or open competition with precondition for qualifying to take part
  33. 33. SINGLE STAGE COMPETITION TWO STAGE COMPETITION Basically conducted for small projects and small nature Entry includes fairly completed drawings, plans, elevations, sections etc and its sufficient to explain the scheme Entries received are assessed for the award of the prize and appointment of the architect for the project Basically conducted for large projects or complex nature First stage: competitors are advised to submit drawings explaining the scheme on broad base to indicate the intention of the competitor 5-10 entries are selected in the order of merit received for the first stage Only selected entries were allowed to submit further drawings explaining the design in detail Competitors invited for the second stage on submission will be paid Honorarium Final winner will be awarded the prize and given the work order to work as an architect METHOD OF ORGANISING OF COMPETITION
  34. 34. GUIDELINES FOR CONDUCTING ARCHITECTURAL COMPETITION Council has advised all architects to take part in only those competition which meets the guidelines of COA 1.ELIGIBILITY OF COMPETITORS  Architects(registered under COA)  Firms having at least one registered architects as partner or director  students of recognized institutions  neither the promoter, nor the assessor or any of the associates ,partners or employees  nor the member of the staff from the institution is not the sole assessor 2.PROCEDURE OF COMPETITION  draft condition of competition, time table , registration fees, prize, board of assessor, programme etc should be finalized before the announcement of competition  condition should clearly explain the type of competition, intention of promoter, nature of problem to ne solved, mandatory requirements to be followed by competitors, number, scale, size of drawings, size of documents and models, form of estimates and amount of prize 3.REGISTRATION OF PROCEDURE  Competitor will request the promoter to send registration form  Registration is acknowledged once necessary documents, requisite deposit and other items has been sent  Competition brochure contains following information a) Name of the promoter b) Purpose and nature of competition c) Number of prizes, prize amounts and honorarium to be paid d) Name of assessor e) Eligibility of competitors f) Time schedule of competition g) Procedure of registration, last date and time etc 4.BOARD OF ASSESSOR  It consists of group of architects, assessor, promoter, employee of promoter, consultants etc  Architects should be the majority in number  number of assessor appointed by the promoter should not be more than 2  Assessor will be paid prescribed Honorarium and out of pocket expense
  35. 35. 5.PRISE, HONORARIA & MENTIONS  competition announcement should mention the number of prize, amount of honorarium and the prize money  Total prize money will be about 1 % of the estimated project cost 6.COPYRIGHT & RIGHT OF OWNERSHIP  each competitor will have the copyright to reproduce his own design  Promoter can reproduce the winning designs in his in house publication & brochure  He cannot exploit it commercially without any agreement or approval from the winning competitor 7.EXHIBITION OF ENTRIES  all competition entries including those rejected by the board of assessor will be displayed at the venue for one week along with the report of assessor  Exhibition will be open to public without any charge  Intimation of date and venue will be sent to all the participants INTERNATIONAL COMPETITION ANNOUNCEMENT PARIS RIVERSIDE RESTAURANT Create an architectural icon along the River Seine, that will become a popular destination for the residents and everyone who visits the city. The participants must consider the attributes of light, color, materiality, aesthetic quality that will add a sense of identity to the restaurant, eventually creating a landmark along the picturesque context of River Seine. The participants are free to create their own design language, ranging from contemporary to traditional but should be able to merge the shell with the existing context in a respectful and additive fashion. Create an experience within a restaurant shell that adds to the programmed interior space. The participants must try to create a wholesome experience for the end user rather than just a self-referential interior space. The participants are free to design a thematic or a generic interior environment but it should have an immersive effect on the customers, stimulating their sensory experience. Maximize the use of the waterfront context and the promenade into the architectural concept for the restaurant. The participants are required to use the unique nature of the site into their design proposal and architectural built form. The participants can use the water element and picturesque surroundings and develop the restaurant as an open, semi-open seating zone. The quai or the dock-promenade can be used as an extension of the restaurant and cultured into a social and leisure zone. Schedule Start of Competition and Early Registration: 1st July 2017 Early Registration ends: 31st August 2017 Standard Registration starts: 1st September 2017 Deadline for Questions: 10th September 2017 Standard Registration ends: 30th September 2017 Closing day for Submissions 30th September 2017 Announcement of Winners: 24th October 2017 *Note: All deadlines are 11:59 pm - 00:00 IST (India)
  36. 36. Awards Winning participants will receive prizes totaling INR 2,00,000 with the distribution as follows: First prize- INR 1,00,000/- + Certificate Second prize- INR 60,000/- + Certificate Third prize- INR 40,000/- + Certificate 10 Honorable mentions Winners and honorable mentions will be published on archasm’s website and several international architecture magazines and websites partnered by us. Registration Early Registration: From 1st July 2017 to 31st August 2017 For Indian nationals- INR 1500 (per team) For Foreign nationals- EUR 60 (per team) Standard Registration: From 1st September 2017 to 30th September 2017 For Indian nationals- INR 1800 (per team) For Foreign nationals- EUR 80 (per team) Entrants may register by filling the registration form and submitting it with the appropriate payment through our secure gateway on our website www.archasm.in Discount Group discounts apply for a minimum of 5 teams from one particular architecture school/university as our initiative to promote more participation from students. Send us the following details at queries@archasm.in to avail the offer. Names of all the participating teams members and their respective team leaders. Name of the university. School ID proofs of the team leaders. Note: It will not be possible to amend or update any information relating to your registration including the names of team members once validated Regulations Participant teams will be disqualified if any of the competition rules or submission requirements are not considered. Participation assumes acceptance of the regulations. Team code is the only means of identification of a team as it is an anonymous competition. The official language of the competition is English. The registration fee is non-refundable. Contacting the Jury is prohibited. archasm as the competition organizer, reserves the right to modify the competition schedule if deemed necessary. Terms and Conditions Please see the terms and conditions section on www.archasm.in. Competition project disclaimer This is an open international competition hosted by archasm to generate progressive design ideas. There are no plans for the riverside restaurant to be built. The competition is organized for education purpose only. Other details Website: www.archasm.in Facebook: facebook.com/atarchasm Instagram: instagram.com/archasm_competitions
  37. 37. STUDENTS TASK NO 2 FOLLOWING TEN FIRMS WERE INVITED TO PRESENT THEIR ARCHITECTURE COMPETITON PROJECT “EXPRESSING THE TURNING POINT “ SCULP IT 2^2 ARCHITECTS THE DESIGN MILL DOORDARSHAN DESIGN STUDIO DOT CODE GANTI ARCH & DESIGN SPACE EDGE SM ASSOCIATES AND ARCHITECTURE STEP FIVE DESIGNERS
  38. 38. STUDENTS TASK BOARD
  39. 39. COMPREHENSIVE ARCHITECTURAL SERVICES SCOPE OF WORK OF AN ARCHITECT The Architect is required to provide services in respect of the following : Part I - ARCHITECTURE : Taking Client's instructions and preparation of design brief  Site evaluation, analysis and impact of existing and / or proposed development on its immediate environs Design and site development Structural design Sanitary, plumbing, drainage, water supply and sewerage design Electrical, electronic, communication systems and design Heating, ventilation and air conditioning design (HVAC) and other mechanical systems Elevators, escalators, etc Fire detection, Fire protection and Security systems etc Periodic inspection and evaluation of Construction works Part II -ALLIED FIELDS : Landscape Architecture Interior Architecture Architectural Conservation Retrofitting of Buildings Graphic Design and Signage COA PRESCRIBED FOUR SEPARATE SCHEDULE OF SERVICES: 1. Architectural services 2. Urban design 3. Landscape architecture 4. Interior architecture
  40. 40. SCALE OF SERVICES/ FEES TYPE OF PROJECT/ SERVICES SCOPE OF WORK & SERVICES MINIMUM FEES/REIMBURSABLE EXPENSES 1. COMPREHENSIVE ARCHITECTURAL SERVICES A) SINGLE BLOCK HOUSING: site up to 0.5 hectare site more than 0.5 - 2.5 hectares site more than 2.5 - 5 hectares site more than 5 hectares Individual House Comprehensive Architectural Services excluding Landscape Architecture, Interior Architecture, Graphic Design and Signage. 5 .0% of the total cost of the work 3.5 % of the total cost of the work 2.5 % of the total cost of the work 2.0 % of the total cost of the work 7.5 % of the total cost of the work B) ALL PROJECTS OTHER THAN HOUSING Repetition of the building in the same campus Repetition of the building in the same campus Repetition of the building at a different site excluding Landscape Architecture, Interior Architecture, Graphic Design and Signage. 5 .0% of the total cost of the work except Landscape Architecture, Interior Architecture, Graphic Design & Signage and Site Development. 2.5 % of the total cost of the work 3.5 % of the total cost of the work C) SITE DEVELOPMENT except Landscape Architecture, Interior Architecture, Graphic Design and Signage 2.5 % of the total cost of the work D) ARCHITECTURAL CONSERVATION/ RETROFITTING/ADDITIONS AND ALTERATIONS except Landscape Architecture, Interior Architecture, Graphic Design and Signage 7.5 % of the total cost of the work 2. URBAN DESIGN  For all projects except Housing  Housing Projects  In case of Urban Renewal projects Urban Design/ Urban Renewal in the Conditions of Engagement. 1.0 % of the total cost of the work (to be computed at a rate of Rs 6000 per Sq.mt. of proposed built- up area) 20 % of the total cost of the work (to be computed at a rate of Rs 6000 per Sq.mt. of proposed built- up area) 1.5 % of the total cost of the work
  41. 41. SCALE OF SERVICES/ FEES TYPE OF PROJECT/ SERVICES SCOPE OF WORK & SERVICES MINIMUM FEES/REIMBURSABLE EXPENSES 3. INTERIOR ARCHITECTURE/GRAPHIC DESIGN AND SIGNAGE As described for Interior Architecture in the Conditions of Engagement. 7.5 % of the total cost of the work 4. LANDSCAPE ARCHITECTURE As described for Landscape Architecture in the Conditions of Engagement 7.5 % of the total cost of the work 5. SITE VISIT OUTSTATION VISIT  Traveling, Boarding & Lodging Expenses  For each day LOCAL SITE VISIT Visits by an Architect/consultant in connection with Project for which commissioned Actual Air/ AC First Class Fare (to & fro), AC Car, Boarding & Lodging Expenses and Local Transport. Rs 3000 RS 1000 6. ADVISORY CONSULTANCY OUTSTATION LOCAL  All as above at 5 i) (a) plus Rs. 10,000 per day or part thereof.  Rs. 4000 per day or part thereof 7.DOCUMENTATION AND COMMUNICATION CHARGES Applicable on all professional fee payable to the Architect. 10 percent of the professional fees. 8. VERIFICATION AND CERTIFICATION OF CONTRACTOR'S BILLS Verification of Contractor's bills for payment, based on progress of works at site, measurements of works Certified by the Construction Manager 1 percent in addition to above fees
  42. 42. SCHEDULE OF SERVICES AND 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 : STAGE % OF TOTAL FEES PAYABLE On appointment/ Signing of Agreement/ acceptance of offer. Rs. 20,000* or 5% STAGE 1 On submitting conceptual designs and rough estimate of cost. 10% STAGE 2 On submitting the required preliminary scheme for the Client's approval along with the preliminary estimate of cost. 20% STAGE 3 On incorporating Client's suggestions and submitting drawings for approval from the Client/ statutory authorities, if required. Upon Client's / statutory approval necessary for commencement of construction, wherever applicable. 30- 35% STAGE 4 Upon preparation of working drawings, specifications and schedule of quantities sufficient to prepare estimate of cost and preparation of tender documents. 45% STAGE 5 On inviting, receiving and analyzing tenders; advising Client on appointment of contractors. 55% STAGE 6 On submitting working drawings and details required for commencement of work at site. 65- 90% 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%
  43. 43. CLASS 8 22.8.2017 UNIT III TENDER AND CONTRACT
  44. 44. STUDENTS TASK NO 3 THE INTENT OF THIS EXERCISE IS TO UNDERSTAND THE DIFFERENT STAGES INVOLVED, BEFORE EXECUTING THE PROJECT AT SITE PROJECT: MAKING OF CENTRE TABLE (3’X3’) 100 NOS
  45. 45. TENDER an offer to carry any work Construction work Demolition work Material supply Sale of material such as scrap/ debris Cleaning work Painting work etc Tender means an offer to carry work ,that is pre described or to supply or purchase goods of prefixed specifications at a price to be quoted by the tendered
  46. 46. METHODS OF CALLING TENDER OPEN OR PUBLIC TENDER Most suitable for semi public and public organization Competition is open to all Notice will be published in the newspaper, magazines etc Notice should have the following information -Name of the client - Site address and building type - Estimated cost of work - EMD - Date of commencement of work - Price of blank tender form - Time and date of issue of blank tender forms -Time and date of submitting filled tenders CLOSED OR INVITED TENDER  Suitable for single and small scale ownership projects 5-6 contractors were invited to participate in the tender A letter of invitation is send to the contractor with the following points -Name of the owner -Site Address and building type - Estimated cost of work - EMD - Date of commencement of work - Price of blank tender form - Time and date of issue of blank tender forms -Time and date of submitting filled tenders PRE REGISTRATION OF CONTRACTORS Most suitable for semi public and public organization  Notice will be published in the newspaper, magazines etc In notice its necessary to publish the following -Name of the owner -Site Address and building type - Estimated cost of work - EMD - Date of commencement of work - Price of blank tender form - Time and date of issue of blank tender forms -Time and date of submitting filled tenders Further contractors are requested to submit following points - Name of the company, address, name of partner /director -List of similar projects , list of projects carried in the last 3-5 years, with cost, architect & name of owner - list of construction equipment possessed and technical persons employed with the company -IT certificate -Solvency certificate from bankers 5-7 contractors were shortlisted & invited for tender
  47. 47. INSTRUCTION TO CONTRACTOR Type of tender Name of work, address & owners name Price of blank tender form Amount of EMD Time and place of tender submission GENERAL CONDITIONS & PRELIMINARIES It includes basic rate of building materials and list of approved manufacturers of materials LETTER OF OFFER From contractor to architects office Letter is prescribed by architects office COPY OF ARTICLES OF AGREEMENT & GENERAL CONDITIONS OF CONTRACT Printed papers available with IIA DRAWINGS 1. ANNOUNCEMENT OF TENDER ( TENDER NOTICE) 2. SUBMISSION OF TENDER 3. OPENING OF RECEIVED TENDER 4. TENDER SCRUTINY 5. RATE ANALYSIS 6. SCRUTINY REPORT 7. WORK ORDER STAGES INVOLVED IN FINALIZING TENDER 1.Term of work specified in bill of quantity should be clear and specific 2.Working drawing need to be supplied wherever details involved (ex doors, windows, grills & handrails) 3.All factory made products trade name to be mentioned 4.Basic price of material can be mentioned in case of certain materials like marble granite etc 5.All tenderers shall be treated equally with same information like (specifications, drawings & bill of quantities QUALITIES OF GOOD TENDER
  48. 48. EMD Check whether amount submitted is as per tender conditions If the EMD is in the form of cheque, deposit immediately In case if cheque dishonored by bank, contractor will be terminated in future also COVERING LETTER Read carefully covering letter and other enclosures Cross check the contractors profile company Contractor should no suggest any conditions Conditional tender should not be considered and should be rejected ARITHMETICAL CHECK Some mathematical error might come, so need to check all bill of quantities Some mistakes might be purposefully done by contractor to reduce the total amount of tender offer After the tenders are opened ,contractor will not be allowed to enter the missing item rate Missed item will be carried out at free of cost to the owner REBATE Some times contractor offers rebate at certain percent Rebate offered is without any condition it can be accepted COMPARITIVE STATEMENT Having completed arithmetical check, correcting totals and applying rebate etc, a statement should be written with name of contractor and their corrected total tender offer All should be written in the ascending order list Lowest offer in the first place and the highest offer in the last place First 3-4 will be considered and studied further for short listing tenders TENDER SCRUTINY A. Detailed scrutiny of all the tenders received is done by the architects office and a scrutiny report is submitted to the owner recommending a contractor for the work B . Tender scrutiny is a time taking task to scrutinize so many tenders, it should be done methodical
  49. 49. RATE ANALYSIS  First 2-3 contractors from the ascending list will be analyzed  Rate analysis will be asked to submit by selected contractors  Rate analysis means detailed calculation made to arise at item rate  Rate analysis will be used to Make competing contractors to reduce rate  Rate quoted by the contractor should not be revealed to the other competing contractor during rate analysis  Low rate will be tempting but as an architect we should check whether good quality of work will be produced  Architect should always recommend reasonable economic rate to produce good quality of work  Contractor financial strength should be checked to handle the project in the estimated cost  Previous work experiences and conduct certificate reference should be analyzed SCRUTINY REPORT After a careful scrutiny of the tenders received, the next job of architect is to Recommend suitable contractor to the owner for the work. This is called a Scrutiny report  After tender scrutiny architect will recommend either 1- 2 contractors to owner  Architect office always make an estimate cost of construction and they will compare with the shortlisted contractors  Quality of previous work done by the contractor will be an added advantage  Architect scrutiny report will be submitted to client / owner in an enclosed envelope ( confidential document)  This confidential document is opened in the meeting and discussed with the presence of the client  Sometimes architect recommends two contractor, one in the first place and other in the second place, client will choose the final winner  Letter of intent will be issued from architect office to contractor  Contractor will also accept the offer and convey his interest to do the work in the form of written statement  Finally the most waited work order will be given to the selected contractor
  50. 50. EMD (Earnest Money Deposit) Amount of money deposited along with the filled in tender or a quotation  EMD will be retained with architects office without payable interest  It will be held for one month from the date of receipt of tender  Amount will be refunded for unsuccessful contractors  Amount of selected contractor will be converted as security deposit  In any circumstances if the selected contractor was unable to commence the work, EMD will be credited to owners account as part of compensation WORK ORDER  A letter issued from architect to contractor on behalf of the owner to take up the work is called the work order  This letter should have the proper reference of the tender submitted by the contractor  This letter includes the commencement of the work and its also a part of the contract document FOUR CIRCUMSTANCES WERE TENDER BECOMES INEFFECTIVE If the death occurs of either of the party before entering into a contract, then the tender offer is ineffective Contractors who have filled in tenders are set free 3) DEATH OF A PARTY Withdrawal of tender process can be from the owner or from the contractor Client can abandon the work Awarded contractor cannot withdraw from the process, if he does looses his EMD and owner take him to the court of law for the compensation 4) WITHDRAWAL OF TENDER If the owner puts forth alternative method of contract for the same work it is called as counter offer In this method contractor is no more bound by the legal binding of his earlier tender offer 2) COUNTER OFFER BY OWNER Usually one month will be the time period Within this time period scrutiny report need to be submitted to the client & contractor need to be finalized Beyond this time frame contractor wont accept the work order with the same tender offer 1) TIME PERIOD
  51. 51. CONVENTIONAL TENDERING E TENDERING Prolonged procurement cycle Short procurement cycle Little expensive Economical Paper based procurement Eco & Environmental friendly As everything is digital Restricted mobility Any time any where bidding Possibility of human errors Accurate process Bidding is possible only on office working days Bidding possible on holidays Physical security Foolproof security Wastage of space Negligible storage space Content not sharable Easily sharable Submission takes more time One click submission possible even at last minute An internet based process complete tendering process; from advertising to receiving and submitting tender-related information are done online. This enables firms to be more efficient as paper- based transactions are reduced or eliminated, facilitating for a more speedy exchange of information. ADVANTAGES: Fully automated process Shortens procurement cycle Economical and environmental friendly Greater transparency System aided evaluation process Comparative analysis of tendering is easy Minimize human errors Minimize storage space Lesser hassle of communication and administration Allows anytime anywhere bidding No dependence of courier, newspaper etc Reduces travelling cost Allows last minute submission of tenders E TENDERING 1. Tender notice creation 2. Tender promotion 3. Tender document 4. Pre bid meeting 5. Bid submission 6. Payment gateway 7. Tender storage & opening 8. Tender evaluation 9.Negotiation 10.Tender award 11.Vendor registration & rating 12.Tender audit & storage DIFFERENT STAGES IN E TENDERING COMPARISON BETWEEN CONVENTIONAL & E TENDERING
  52. 52. UNIT III TENDER AND CONTRACT
  53. 53. VOLUNTARY AGREEMENT BETWEEN TWO OR MORE PARTIES A contract is a voluntary arrangement between two or more parties that is enforceable by law as a binding legal agreement. Contract is a branch of the law of obligations in jurisdictions of the civil law tradition. Note : Indian stamp act of 1899  Contract shall be executed and signed on a stamp paper of appropriate value  Incase of dispute unstamped contract papers cannot be admitted before an arbitrator or a court of law Contract should follow INDIAN CONTRACT ACT 1872 to regulate the agreements or undertakings in business CONTRACT Contract document consists the following papers: 1. Copy of public TENDER notice 2. Copy of work order 3. Letter of offer by contractor - Articles of agreement - General conditions of contract - Appendix 4. Specifications of work & material 5. Bill of quantities (Contract bill) 6. Contract drawings CONTRACT DOCUMENT
  54. 54. ARTICLES OF AGREEMENT It s the First page of contract document printed in the for form of fill in gaps This has to be signed between client & contractor(other party) It has to be typed in a stamp paper of appropriate value It has to be duly signed by client contractor  it usually contains the following -Date of signing of contract -Project owner name & address -Other party usually the single contractor, being a partnership company all partners name should be included -Description of the work like apartment/hospital -Name of the architect & address -Working drawing & specification -Contract drawings & bill need to be signed by both parties -Security deposit amount to be mentioned -It is agreed as follows that contractor has to complete the work a per terms of contract and owner has to pay the sum as per terms of schedule -Architect for the contract & his successor in case due to unavoidable situations need to be included -This article of agreement need to be signed in the presence of witness
  55. 55. CERTIFICATION OF CONTRACTOR BILLS S.NO LEVEL OF WORK COMPLETED AMOUNT PAYABLE OF TOTAL COST 1 All Foundation work including plinth 10-15% 2 Brick work 30-35% 3 Roof work 20% 4 Doors and windows 16% 5 Electrical installation excluding fittings like tube lights, fans etc 5-8% 6 Sanitary work & water supply 5-8% 7 Plastering & painting 10% 8 Flooring 6% 9 White wash & color wash 2% PROJECT A PROJECT B EXECUTION OF PROJECT A & B IS THE SAME ?
  56. 56. PROJECT A PROJECT B OWNER / CLIENT ARCHITECT / CONTRACTOR Finance the project Owns the project Executes the project Gets payment, stage wise periodically PUBLIC GOVENRMENT PRIVATE PARTNERSHIP / MNC Unable to Finance the project Public private partnership (PPP) Gets back the project after the contract period from PPP Finance the project Executes the project Get the profit for the risk factor PROJECT BUDGET = SEVERAL CRORES PROJECT BUDGET = SEVERAL THOUSAND CRORES
  57. 57. NEW TRENDS IN PROJECT FORMULATION - PPP PUBLIC PRIVATE PARTNERSHIP (PPP) PPP is a mode of providing public infrastructure and services by Government in partnership with private sector. It is a long term arrangement between Government and private sector entity for provision of public utilities and services. Conventional form of finance – the budgetary allocation by the government is not enough to meet this big investment size. PPP Model is concentrate to development of -National Highways & State Highways, -Operation of Container Trains, -Re-development of Railway Stations, -Transmission of Electricity and Urban Metro Rail. Etc., -Procurement-cum-Maintenance Agreement for Locomotives -Non-metro Airports, Greenfield Airports -Port Terminals PRIVATE PUBLIC
  58. 58. DIFFERENT TYPES OF EXECUTION IN PROJECT FORMULATION 1. BOT (Built Operate Transfer) 2. BOOT (BUILT OWN OPERATE TRANSFER) 3. BOLT (Build Operate Lease Transfer) 4. DBFO (Design Built Finance Operate) 5. DBOT (Design Built Operate Transfer) 6. DCMF (Design Construct Manage Finance) BOT (BUILT OPERATE TRANSFER) The private partner is responsible to design, build, operate (during the contracted period) and transfer back the facility to the public sector.  The private sectoris expected to bring the finance for the project and take the responsibility to construct and maintain it.  The public sector will either pay a rent for using the facility or allow private sector to collect revenue from the users.  The national highway projects contracted out by NHAI under PPP (Private Public Partnership)mode is an example. BOOT (BUILT OWN OPERATE TRANSFER) OR BOO (BUILT OWN OPERATE)  This is a variation of the BOT model  Ownership of the newly built facility will rest with the private party during the period of contract  Resulting in the transfer of most of the risks related to planning, design, construction and operation of the project to the private partner  The public sector partner will however contract to ‘purchase’ the goods and services produced by the project on mutually agreed terms and conditions.  project built under PPP (Private Public Partnership) will be transferred back to the government department or agency at the end of the contract period, generally at the residual value  Private partner recovers its investment and reasonable return agreed to as per the contract  This approach has been used for the development of highways and ports.
  59. 59. BOLT (BUILT OWN LEASE TRANSFER) Public sector client gives a concession to a private entity to build and to design a Facility as well to own the facility, lease the facility to the client, then at the end of the lease period transfer the ownership of the facility to the client.  Private entity, contracted by the client, has the responsibility to raise the project finance during the construction period.  Main advantage is to remove the burden of raising the finances for the project from the client and places it on the private entity.  BOLT developer assumes all the risk, the risk of raising the project financing and the risk during the construction period.  such risk is not undertaken for free by the developer but comes at a cost, which is passed onto the client.  Facility is owned by the developer until the lease period ends.  The lease period will see the client who in essence becomes the tenant of the facility, paying the developer a lease (monthly or annually) for the use of the facility at a predetermined rate for a fixed period of time.  The lease payment becomes the method of repaying the investment, and ultimately rewarding the developer’s shareholders  At the end of the lease period, ownership of and the responsibility for the facility are transferred to the client from the developer at a previously agreed price. DBFO (DESIGN BUILT FINANCE OPERATE)  The private party assumes the entire responsibility for the design, construct, finance, operate and to maintain the project for the period of concession.  The private participant to the project will recover its investment and Return On Investments (ROI) through the concessions granted or through annuity payments etc.  The public sector may provide guarantees to financing agencies, help with the acquisition of land and assist to obtain statutory and environmental clearances and approvals  It assures a reasonable return as per established norms or industry practice etc., throughout the period of concession. DBOT (DESIGN BUILT OPERATE TRANSFER)  Private party contracted to design and build operate with their own finance considering government specifications  Private party can charge a fee from users (like toll tax for highways in India) for a predetermined period  cost and profits are recovered and then transfer the project to the government.  Later government may decide to continue the fee or waive it off.
  60. 60. EXECUTION OF PROJECTS STAGE 1 EXPRESSION OF INTEREST STAGE 2 REQUEST FOR PROPOSAL STAGE 3 REQUEST FOR TENDER STAGE 4 EVALUATION OF BIDS STAGE 5 AWARD OF WORK STAGE 1 EXPRESSION OF INTEREST  It’s an initial stage of a procurement (work/service)  EOI (Expression Of Interest) is nothing but a submission made by the prospective tenderer showing the interest to provide service  Interested tenderer will respond to the public notice/advertisement issued by the client  This public notice includes description of contracting body/client -nature, scale & budget of the work -type of contract & its condition  Information required from the tenderer includes -Contact details -Description of company -Financial information -Previous relevant experience -Technical capacity ( machinery) -Staff experience and availability  Details submitted in the expression of interest helps to reduce no of companies to be invited for submitting tenderer.  Main aim was to get a list of potential service providers to proceed with the work STAGE 2- REQUEST FOR PROPOSAL  It’s an Second stage followed by Expression Of Interest  Mostly used when client is looking for any solution based response to fulfill requirements  Looking for an innovative and creative solutions  After expressing the interest the potential tenderers will submit business solutions
  61. 61. STAGE 4- EVALUATION OF BIDS Bids (Tenders) are evaluated by the respective Technical, legal commercial & financial expects Evaluation takes place in three parts (1)Technical evaluation (2)Commercial evaluation (3)Capacity evaluation TECHNICAL EVALUATION To Check all technical spec to meet minimum tender requirement Alternative tech or material grade offered need to be verified Feed back of working of the equipment supplied by the bidder in other projects need to be evaluated COMMERCIAL EVALUATION To check bid forms either it has been duly signed To check the cost To check additional cost like delivery & shipping cost etc To check any other commercial deviations CAPACITY EVALUATION Identify whether bidder has sound financial condition To check bidder is not under any litigation To check whether cost of any long term agreement has been included Geo political scenario need to be evaluated in case of foreign bidder Post Bid meeting -This Is mainly done to negotiate the technical specs wherever appropriate -Meeting is done separately with shortlisted Bidders -Bidders were asked to resubmit the Bids with revised quote and technical spec Evaluation report - (Generated for office records this includes) -Description of contract -Type of tender -Tender notice -Closing date of tender -Tender opening & compilation of all tenders -Analysis of three lowest tenders -Performance record of lowest three tender -Recommendation of assessment panel STAGE 3- REQUEST OF TENDER STAGE 5- AWARD OF WORK  Based On Evaluation Report & Recommendation Of Assessment Panel best bidder is declared Letter of award of work is issued to the successful bidder Bidder is added to submit a contract performance guarantee which could be bank guarantee, DD or FD Contract between client & bidder is drafted as per international contract law Contract obligations, technical obligations, quality obligations need to be drafted Completion and payment schedule is neatly drafted Contract is finally signed and moved for implementation
  62. 62. UNIT V IMPORTANT LEGISLATIONS & CURRENT TRENDS
  63. 63. STUDENTS TASK NO 4 “EMERGING SPECIALISATION IN THE FIELD OF ARCHITECTURE” APART FROM BEING AN ARCHITECT IDENTIFY THE VARIOUS JOB OPPORTUNITIES OFFERED STUDENTS WERE GUIDED TO SELECT ONE PARTICULAR SPECIALISATION AND PRESENT IT TO THE CLASS
  64. 64. FASHION DESIGNER PRODUCTDESIGNE STUDENTS TASK BOARD FURNITURE DESIGNER GRAPHIC DESIGNER ARCHITECTURAL JOURNALISIM ARCHITECTURAL PHOTOGRAPHY ART DIRECTOR NAVAL ARCHITECTURE ARTIST EVENTPLANNER FILM MAKER
  65. 65. EMERGING SPECIALISATION IN THE FIELD OF ARCHITECTURE CAREER IN ARCHITECTURE CAREER IN ART & DESIGN CAREER OUTSIDE OF DESIGN Architectural journalism Graphic designer / logo designer Event planner Architectural photography Industrial designer/ product designer Teacher/Professor Construction/project manager Furniture designer Philanthropist Landscape architect Video gaming Politician Urban planner & designer Art director Culinary arts Lighting architect Film maker Law Conservation and restoration architect Fashion designer Naval architecture Interior designer Architectural visualization / animation Air craft designer Jewelry designer Marketing & communication Artist/ Performing artist Restaurant / bar Digital fabrication Musician BENJAMIN NETANYA HU Prime minister of Israel LISA HALAB GERMAN BAND KRAFTWERK JAMES "JIMMY" STEWART RATAN TATA Industrialist, Philanthropist
  66. 66. Architectural journalism is a written documentation of architecture and design Architecture Journalism is an area which is largely unexplored and is on its way to becoming a successful career choice for architects and architecture students in general.  writers/journalists write articles and cover events for magazines and websites The knowledge gained while at Architectural schools with holistic view for an architectural education and as a professional on field makes him a critic. Journalism can actually support the profession on a better standing of sustainability and environmental issues of today with the shifting paradigms of architecture in the global sector It open doors to new forms of inquiry, through its intellectual probes into futurist ideals and questioning the wider architectural creations. Architectural journalist requires a wide range of attributes which include vastness of knowledge, years of experience, the power of persuasion, excellent delivery skills, lots of patience, thirst for awareness, and logic in arguments. Architectural Journalists not only assist architects in understanding the nature of their own project but also help them in developing a critical judgment about it. The writers/journalists main job is to assess how successful the architect and others involved with the projects ARCHITECTURAL JOURNALISM SOME FAMOUS CRITICS Based on Specific criteria works of architect will be reviewed, that includes: -Aesthetics -Proportion -Functionality -Architectural style -Choice and use of building materials -Built environment or context - Sustainability
  67. 67. It’s the photographing of buildings and similar structures that are aesthetically pleasing It’s a very lucrative and fulfilling career as demand risen for pictures of architecture. It shoots photographs of building interiors and exteriors for clients ranging from architects to interior designers, artists, restaurateurs and publications. Thousands of ideas such as movement patterns, people concentration & their feelings can be captured to communicate to the third person who doesn’t know about the place It requires “a lot of the same visual and aesthetic skills that an architect is already familiar with it allows people to obtain a visual understanding of buildings they may never get the opportunity to visit in their lifetime It helps in creating a valuable resource that allows us to expand our architectural vocabulary. It freezes time It creates a captivating visual narrative of a built environment for publication. Architectural vocabulary and understanding the design and construction process. helps to determine how best to tell the story of his clients’ projects through photography. The language of vision is the basis of capturing qualities and emotions in photography It still consists of composition, color, environment and experiences. Photography concerns itself more with the aesthetic, with the object and the composition in that unique moment, within that specific frame. ARCHITECTURAL PHOTOGRAPHY
  68. 68. Construction project management is the art of directing and coordinating human and material resources throughout the life of a project It uses modern management techniques to achieve predetermined objectives of scope, cost, time, quality, and participating objectives A project manager is a person who has the overall responsibility for the successful initiation, planning, design, execution, monitoring, controlling and closure of a project. He needs a wide range of skills and abilities to manage diverse teams and projects. He helps ensure the project is tracking along to plan.  They manage the project so it finishes on time and on budget, and that their team completes it according to building codes, plans, and specs. He should make sure they control risk and minimize uncertainty Good project manager can lessen risk significantly, often by adhering to a policy of open communication, ensuring every significant participant has an opportunity to express opinions and concerns. Project managers use project management software, such as Microsoft Project, to organize their tasks and workforce. THE PROJECT MANAGER ENCOMPASSES MANY ACTIVITIES INCLUDING: Planning and Defining Scope Risk Analysis Activity Planning and Sequencing Managing Risks and Issues Resource Planning Monitoring and Reporting Progress Developing Schedules Team Leadership Time Estimating Strategic Influencing Cost Estimating Business Partnering Developing a Budget Working with Vendors Documentation Scalability, Interoperability and Portability Analysis Creating Charts and Schedules Controlling Quality CONTRUCTION & PROJECTMANAGER
  69. 69. 1 2 3 4 CCTV, Beijing 5 6 7 8 OBSERVE & ANALYZE THE GIVEN EIGHT VISUALS
  70. 70. ‘Globalization is inevitable’ – said Amartya Sen, Being world-class is one of the changing trends in Indian Architecture that every architect seems to swear by. Globalization is the process of creating a free environment across the globe where there are free and frequent movements of goods and services across the boundaries of nations it existed from a long time in the history of mankind, but not so prominently. Only during the voyages undertaken by countries like Portugal, Spain, France, United Kingdom and other European countries, the linkages between geographic regions became more defined and functional Globalization has given rise to new forms and styles of architecture like neo-classical, modernism, post-modernism, minimalistic architecture etc. design elements like domes, ornamental columns, windows etc.  People tend to follow the same type of buildings irrespective of the geographical locations and this in turn, has created monotony in architecture and loss of rich identity of a place or city through its architecture Globalization is an outcome of communication technology and the development of the Internet  It encourages international interdependence & compression of time and space There are four important factors that affect the ability of architecture to form a relationship with a national-cultural identity 1) The physical nature of the region 2) Materials and methods of construction, 3) Belief system] 4) Memory. All four factors are challenged and severely undermined because of the increase in information flow, advancements in communication technology and greater mobility of goods and people, the global culture resulting its version of homogenization Architectural theory, on the other hand, advances the use of the interpretation/reinterpretation dynamic in architecture, which helps to destabilize meaning in architectural language and it results in alienating the physical horizons of cities and in alienation of people GLOBALIZATION AND ITS IMPACT ON ARCHITETURE 1-Jaisalmer, 2- Dance Palace Russia , 3-Namaste Tower in Mumbai, 4-Nanjing, China, 5 -CCTV, Beijing , 6- Akshardham temple in South Delhi, 7- Igumnov House, Moscow, 8-The Park Hotel, Hyderabad
  71. 71. Selection of international architect is driven by the unique needs of the project like 325-acre Mahindra World City project, on-ground implementation experience is currently available only with international firms who have conceived and implemented such projects in different parts of the world,” Foreign firms can handle and visualize massive scale projects, their designs are innovative, they create not only buildings they create landmarks Working with foreign architects gives us exposure to international standards and lot to learn from their use of detailing and modern materials New generation of foreign architects were involved in creating a new skyline for India with the help of glittering computer generated images Invasion of foreign architects in India is not a new phenomenon, -Lutyens New Delhi and Le Corbusier, -Ahmedabad’s Indian Institute of Management reflects Louis Kahn’s trademark style of veering towards monolithic masses resembling ancient ruins. -Christopher Charles Benninger designed the Mahindra United World College of India, near Pune. -British-born Laurie Baker planned the Fishermen’s Village in Poonthura in Kerala, -American Joseph Stein gave shape to Delhi’s India International Centre. FOREIGN ARCHITECTS IN INDIA “Booming economy has prompted developers to bring in foreign architects to design everything from airport to residential and office tower to resorts” Foreign architects bring in tried, tested and function precision process in the way projects are designed and built They pair up with the Indian expertise on the ground to get the things done and built Foreign architects brings the foreign solutions and design principles which may not work in all parts of India They are literally bringing New York, Chicago, Shanghai to Mumbai, Chennai, Delhi and countless other towns and cities Only time will decide whether this way is successful in long run. Made in India, but designed by clutch of foreign of architects, looking to cash on the country's real estate boom RMJM UK based company has 38 projects under way in India & now is looking a permanent base in Mumbai Celebrated British architect Lord Norman foster has entered India in a tie up with a Mumbai based real estate firm, the Neptune group Well healed buyers respond to designers with international reputation, as much as they respond to luxury label, it adds additional validation of for their choice Foreign Architects in India Is Not a New Phenomenon
  72. 72. The application of Information Technologies (IT) is moving forward with tremendous speed affecting all industries and professions; our building profession is no exception. Today we witness that the idea of architectural project is not the same as it was during the renaissance, the baroque or even 20 years ago We are now in digital age, where architects find a new way to represent , express, generate and construct buildings through digital information Technological revolutions affect processes and products of architecture. Information technology has the potential of transforming current design processes into a network of design, manufacturing, and management organizations where multiple professions are involved and geographic locations are insignificant. Paradigm shift in architecture and construction industry has been originated by the BIM design and management methodology, where the primary causal elements are: Transfer in computer software techniques from procedural algorithmic programming languages to object-oriented; and Change in the building representation from drawings and written specifications to integrated models, taking building elements and spaces as the starting point BIM acts as an integrated, comprehensive building model which stores information contained in traditional building documents, such as drawings, specification, and construction details, in a centralized or distributed database. since all the relevant information is organized as a database, rather than sets of drawings, specifications, etc Goal of using BIM is to provide a common structure for information sharing that can be used by all agents in the design process and construction, as well as for the facility management after a building is constructed and occupied Information contained in BIM can be used internally for analysis and simulations, such as structural analysis or energy performance. Construction documentation is automatically generated and updated when the changes are made to the model. The information about the model can also be extracted for external applications. The major benefits of BIMs -Ability to create views and schedules dynamically and automatically -Instant reflection of changes in all drawings and schedules -Single integrated file for a project INFORMATION TECHNOLOGY & ITS IMPACT ON ARCHITETURE
  73. 73. The elderly, ill pregnant, obese, children, persons with fracture or with luggage could all be described as passing through a phase of disability During that phase each one has the right to live in dignity. Accessibility cannot be an aspect of sympathy , but its an right of every of individual. BARRIER FREE ENVIRONMENT “ DISABILITY IS A PHASE, EVERYONE AT ONE POINT OR THE OTHER PASSES THROUGH SUCH PHASES”
  74. 74. FOUR MAJOR CATEGORY OF DISABILITIES & ITS GUIDELINES FOR BARRIER FREE BUILT ENVIRONMENT 1) SITE DEVELOPMENT - Access Path/Walk Way Access path from plot entry and surface parking to Building entrance shall be minimum of 1800 mm. wide having even surface without any steps. Slope, if any, shall not have gradient greater than 5%. Finishes shall have a non slip surface with a texture traversable by a wheel chair. Selection of floor material shall be made suitably to attract or to guide visually impaired persons -Parking a) Surface parking for two Car Spaces shall be provided near entrance for the physically handicapped persons with maximum travel distance of 30.0 meter from building entrance. b) The width of parking bay shall be minimum 3.6 meter c) The information stating that the space is reserved for wheel chair users shall be conspicuously displayed. d) Guiding floor materials shall be provided or a device which guides visually impaired persons with audible signals or other devices shall be provided. -Approach to plinth level Every building should have at least one entrance accessible to the handicapped and shall be indicated by proper signage. This entrance shall be approached through a ramp together with the stepped entry. Ramp shall be finished with non slip material of Minimum width 1800 mm. & with maximum gradient 1:12,  length of ramp shall not exceed 9.0 meter having 800 mm high hand rail on both sides extending 300 mm. beyond top and bottom of the ramp For stepped approach size of tread shall not be less than 300 mm. and maximum riser shall be 150 mm.  Provision of 800 mm. high hand rail on both sides of the stepped approach similar to the ramped approach.
  75. 75. 2) BUILDING REQUIREMENTS -Exit/Entrance Door  Minimum clear opening of the entrance door shall be 900 mm. and it shall not be provided with a step that obstructs the passage of a wheel chair user. Threshold shall not be raised more than 12 mm. -Entrance Landing  Entrance landing shall be provided adjacent to ramp with the minimum dimension 1800 mm x 2000 mm provided with floor materials to attract the attention of visually impaired persons -Corridor connecting the entrance/exit for the handicapped The minimum width shall be 1500 mm ‘Guiding floor materials’ shall be provided or devices that emit sound to guide visually impaired persons In case there is a difference of level slope ways shall be provided with a slope of 1:12 -Toilets One special W.C. in a set of toilet shall be provided for the use of handicapped, with essential provision of wash basin near the entrance for the handicapped The minimum size shall be 1500 mm x 1750 mm Minimum clear opening of the door shall be 900 mm and the door shall swing out Suitable arrangement of vertical/horizontal handrails with 50 mm. clearance from wall shall be made in the toilet. The W.C. seat shall be 500 mm. from the floor -Lifts provision of at least one lift shall be made for the wheel chair user Clear internal depth & width : 1100 mm. 2000 mm Entrance door width : 900 mm. A hand rail not less than 600 mm. long at 1000 mm. above floor level shall be fixed adjacent to the control panel  The lift lobby shall be of an inside measurement of 1800 mm x 1800 mm. or more. The time of an automatically closing door should be minimum 5 seconds and the closing speed should not exceed 0.25 Meter/Sec. The interior of the cage shall be provided with a device that audibly indicates the floor It should also indicates that the door of the cage for entrance/exit is either open or closed. -Stair-ways The minimum width shall be 1350 mm. Height of the riser shall not be more than 150 mm and width of the tread 300 mm. The steps shall not have abrupt (square) nosing. Maximum number of risers on a flight shall be limited to 12 Hand rails shall be provided on both sides
  76. 76. COASTAL REGULATION ZONE CRZ-II This category includes areas that have already been developed up to or close to the shoreline. For this purpose, the term ‘developed area’ is used for areas within municipal limits or in other legally designated urban areas that are already substantially built up and have been provided with drainage, approach roads, and other infrastructural facilities. CRZ-III Areas that are relatively undisturbed and do not belong to the first two categories. These will include coastal zones in rural areas (developed and undeveloped), areas within municipal limits, or in legally designated urban areas that are not substantially built up CRZ-IV Coastal stretches in the Andaman & Nicobar, Lakshadweep and small islands, except those designated as CRZ-I, CRZ-II, or CRZ-III. CRZ-I a.) Areas that are ecologically sensitive and important, such as national parks/marine parks, sanctuaries, reserve forests, wildlife habitats, mangroves, corals/coral reefs, areas close to breeding and spawning grounds of fish and other marine life, areas of outstanding natural beauty/historically/heritage areas, areas rich in genetic diversity, areas likely to be inundated due to rise in sea level consequent upon global warming, and such other areas as may be declared by the central government or the concerned authorities at the state/union territory level from time to time. b.) Areas between the LTL and HTL. Under the Environment Protection Act, 1991 of India by the Ministry of Environment and Forests, the coastal land up to 500m from the High Tide Line (HTL) and a stage of 100m along banks of creeks, estuaries, backwater and rivers subject to tidal fluctuations, is called the Coastal Regulation Zone(CRZ). CRZ along the country has been placed in four categories.
  77. 77. CRZ-I No new construction shall be permitted in CRZ- I areas except  (a) projects relating to the Department of Atomic Energy (b) pipelines, conveying systems including transmission lines exploration and extraction of oil & natural gas CRZ-II Buildings shall be permitted only on the landward side of the existing road or on the landward side of existing authorized structures. These buildings will be subject to the existing local town and country planning regulations including the existing norms of floor space index (FSI)/floor area ratio (FAR). CRZ-III Areas up to 200 metres from the HTL have to be earmarked as a ‘No Development Zone’. The following uses, however, may be permissible in this zone: Agriculture, horticulture, gardens, pastures, parks, play fields, forestry, and salt manufacturing from sea water. Vacant plots between 200 and 500 metres of the HTL in designated areas of CRZ-III can be developed with prior approval from the Ministry of Environment and Forests (MEF). The construction/reconstruction of dwelling units between 200 and 500 metres of the HTL permitted if they are within the ambit of traditional rights and customary uses such as existing fishing villages. Building permissions for such construction/reconstruction will be subject to the conditions that the total number of dwelling units shall not be more than twice the number of existing units,  the total covered area on all floors shall not exceed 33 per cent of the plot size, the overall height of construction shall not exceed 9 metres, and the construction shall not be more than 2 floors (ground plus one). Construction is allowed for permissible activities under the notification including facilities essential for such activities. CRZ-IV No new construction of buildings shall be permitted within 200 metres of the HTL; except facilities for generating power by non conventional energy sources, desalination plants and construction of airstrips and associated facilities. The buildings between 50 and 500 metres from the High Tide Line shall not have more than 2 floors (ground floor and first floor),the total covered area on all floors shall not be more than 50 per cent of the plot size and the total height of construction shall not exceed 9 metres; The design and construction of buildings shall be consistent with the surrounding landscape and local architectural style Corals from the beaches and coastal waters shall not be used for construction and other purposes.
  78. 78. HERITAGE ACT India is one of the countries possessing rich cultural and natural heritage Heritage is the identity of every country, and they are putting considerable efforts to preserve and protect their centuries old rich heritage various policies and laws are framed for preservation, protection and proper management of the cultural heritage at the state and central level in India Article 49 of the Indian Constitution aims to protect monuments and places and objects of national importance India had its first law way back two centuries ago in form of Bengal Regulation XIX of 1810 and this was followed by legislation Madras Regulation VII of 1817 The Indian Treasure Trove Act, 1878 was promulgated to protect and preserve treasure found accidentally but had the archaeological and historical value. This Act was enacted to protect and preserve such treasures and their lawful disposal The Ancient Monuments Preservation Act, 1904 was promulgated & provided effective preservation and authority over the monument particularly those, which were under the custody of individual or private ownership The Antiquities Export Control Act, 1947 and Rules thereto which provided a regulation over the export of antiquities In 1951, The Ancient and Historical Monuments and Archaeological Sites and Remains (Declaration of National Importance) Act, 1951 was enacted  Consequently, all the ancient and historical monuments and archaeological sites and remains protected earlier under ‘The Ancient Monuments Preservation Act, 1904 The Ancient Monuments and Archaeological Sites and Remains Act 1958 was enacted on 28th August 1958. This Act provides for the preservation of ancient and historical monuments and archaeological sites and remains of national importance for the regulation of archaeological excavations and for the protection of sculptures, carvings and other like objects Various states are having and proposed laws for their respective states -i.e. Tamil Nadu Ancient Monuments and Archaeological Sites and Remains Act, 1966, - The Hampi World Heritage Area Management Authority Act, 2002, -Orissa Ancient Monuments and Preservation Act, 1956, - Rajasthan Monuments, Archaeological Sites and Antiquities Act, 1961, - The Madhya Pradesh Ancient Monuments and Archaeological Sites and Remains Act, 1964, -Victoria Memorial Act, 1903, Salar Jung Museum Act... Central Government proposed National Commission for Heritage Sites Bill in 2009 to comply with the World Heritage Convention. This commission will recommend short term, long term policies to the state and central government, conduct research
  79. 79. INTACH  Indian National Trust For Culture And Heritage is a non profit NGO established in the year 1984 to involve its members to protect and conserve India's culture and heritage  its mission was to conserve heritage, it believes that living in harmony with heritage enhances the quality of life MISSION OF INTACH  To sensitize the public and pluralistic legacy of India To instill a sense of social responsibility towards preserving India's common heritage  To Protect And Preserve India's Heritage By Necessary Actions And Measures Document All Unprotected Buildings Of Architectural, archeological, historical & Aesthetic Significance Buildings  Develop heritage policies and regulations and make legal interventions to protect India's heritage when necessary Provide Expertise In The Field Of Conservation, restoration And Preservation Through Various Training program me Undertake emergency measures during man made and natural disaster and to support the local administration whenever heritage is threatened Generate sponsorships for conservation and educational projects Foster collaborations with national and international agencies MADRAS CLUB, EXPRESS ESTATE INTACH tried to save the building but failed in its efforts to persuade the owners, one of the heirs to the Indian Express Estate whose Ramnath Goenka had bought the property in 1946 (when the judge in effect wondered what, though it might well be a heritage property, was the law that prevented its owner from pulling it down. Sadly, that remains pretty much the situation on the heritage front today) EXPRESS AVENUEMADRAS CLUB
  80. 80. FACTORY ACT In India, the First factories Act was passed in 1881. This Act was basically designed to protect children and to provide few measures for health and safety of the workers.  This law was applicable to only those factories, which employed 100 or more workers. In 1891 another Factories Act was passed which extended to the factories employee 50 or more workers. The main objective of Factories Act, 1948 is to ensure adequate safety measures and to promote the health and safety and welfare of the workers employed in factories.  The act also makes provisions regarding employment of women and young persons(including children & adolescents), annual leave with wages etc. The Act extended to whole of India including Jammu & Kashmir and covers all manufacturing processes and establishments it is also applicable to factories belonging to Central/State Government Provisions regarding welfare of workers -Washing Facilities -Facilities for Storing & Drying clothing -Facilities for Sitting - First Aid facilities -Canteens, Shelters, Rest Rooms & Lunch Rooms -Creches -Welfare Officers It aims at providing health facilities -Cleanliness -Disposal of Wastes & Effluents -Ventilations & Temperature -Dust & Fumes -Artificial Humidification -Overcrowding -Lighting -Drinking Water -Latrines & Urinals -Spittoons Factories act includes: -Health -Safety -Welfare -Working Hours Of Adults -Annual Leave With wages Working Hours Of Adults: -Weekly Hours: < 48 hours -Weekly Holidays : at least 1 holiday in a week -Compensatory Holidays -Daily Hours : < 9 hours -Intervals for rest : at least half an hour -Night Shifts -Prohibition of Overlapping Shifts, not more than 2 cont shift -Extra wages for overtime Restriction On Employment Of Women & Children: -Work between 6 a.m. to 7 p.m. only -Strictly restriction for women for employment between 10 p.m. to 5 a.m. -Employment of women in night shift is permitted only in the case of fish-curing and fish-canning Provisions regarding hazardous processes -Constitution of Site Appraisal Committee -Compulsory Disclosure of Information -Special Responsibility of the occupier in relation to Hazardous processes -Maintaining accurate and up-to-date health and medical records of workers exposed to any chemical, toxic or any other harmful substances -Appointing qualified, experienced & compete persons for protecting the workers -Providing for medical examination of every worker at intervals
  81. 81. STUDENTS TASK NO 5 “RESOLVING THE DISPUTES “ STUDENTS WERE GUIDED TO IDENTIFY THE VARIOUS DISPUTES OF OUR BUILDING INDUSTRY AND UNDERSTAND THE PROCEDURE INVOLVED IN RESOLVING IT (Imaginary firms created by the students in the previous class, Will address one dispute discussion will happen in the form of skit)
  82. 82. UNIT IV LEGAL ASPECTS
  83. 83. OWNER ARCHITECT CONTRACTOR DISPUTE DISPUTE DISPUTE Lack of supervision payment and fees issues Professional service Delay of project payment and fees issues Quality issues Construction defects Rectification of defects etc Lack of supervision payment and fees issues Bill clearance Dispute over the contract DISPUTES THAT MIGHT ARISE DURING THE PROJECT PROJECT ARCHITECT The quasi arbitrator the architect must be fair and should obtain the complete views of both sides before making the decision The parties’ acceptance of the architect’s decision is usually the most economical way to end the controversy. 30 days is the time period for solving the dispute ARBITRATION If the dispute cannot be settled by the architect’s decision or by mediation, then it will be subject to arbitration. It’s a method of resolving disputes between two parties by a third party 30 days is the time period for solving the dispute Arbitrator decision is the final CONCILIATION / MEDIATION  If the parties cannot mutually accept the architect’s decision, then the claim is referred to mediation  Mediation is a procedure in which a mutually acceptable disinterested, impartial intermediary meets and talks with both sides, together and separately, and assists them in their negotiations. The mediator does not impose any decisions on the parties but instead helps them to arrive at their own voluntary resolution. RESOLVING OF DISPUTES
  84. 84. Method of resolving the disputes outside the court Arbitration is a system whereby a disinterested neutral person or panel of three hears the evidence and arguments of both sides in a dispute and then makes a decision. Unlike litigation, arbitration is private and confidential and arbitral awards are not published. It’s an old established practice in every civilized society (village panchayat system) ARBITRATION VILLAGE PANCHAYAT SYSTEM ARBITRATION ARBITRATION LITIGATION - COVENTIONAL COURT SYSTEM Informal Formal Less Expensive ( arbitrator fees & logistics, stenography) Expensive Quicker ( lesser than the trial ) Time consuming Relation between parties remains cordial Strained relations between the parties Civil Civil and criminal Confidentiality/ private between the parties Open to public in a court room Usually binding no appeal possible Appeal possible Parties select Specialized highly technical arbitrators Court appoints judge parties doesn’t have much input so ending up with usual judge An arbitration agreement is a written contract in which two or more parties agree to settle a dispute outside of court. Arbitration agreement is ordinarily a clause in a contract document The dispute written on the agreement may be about the performance of a specific contract, a claim of unfair or illegal treatment in the workplace, a faulty product, among other various issues. The Arbitration and Conciliation Act 1996 is an Act that regulates domestic arbitration in India ARBITRATION AGREEMENT Binding arbitration involves the submission of a dispute to a neutral party who hears the case and makes a decision. Appeal is not possible in future if arbitration is binded Arbitration takes the place of a trial before a judge or jury (Arbitrator). Additionally, the grounds for appealing or setting aside the arbitration decision are very limited and many times may not be available at all. If a person signs a contract that has a mandatory, binding arbitration agreement, he or she gives up the right to go to court. ARBITRATION BINDING
  85. 85. The fees of the Arbitrator and expenses of arbitration shall be borne equally by the parties unless the Sole Arbitrator otherwise directs in his award with reasons The lump sum fees of the Arbitrator shall be Rs. 40,000/- per case for transportation Contracts If the sole Arbitrator completes award within 5 months of accepting his appointment, he shall be paid Rs. 10,000/- additionally as bonus. Reasonable actual expenses for stenographer, etc. will be reimbursed. Fees shall be paid stage wise i.e. 25% on acceptance, 25% on completion of pleadings/documentation, 25% on completion of arguments and balance on receipt of award by the parties. ARBITRATOR FEES STRUCTURE 1)FILLING AND INITIATION FOR ARBITRATION An arbitration case begins when one party submits a Demand for Arbitration to the COA. The other party (the respondent) is notified by the COA and a deadline is set for response. 2)ARBITRATOR SELECTION The COA works with the parties to identify and select an arbitration based on the criteria determined by the parties. 3)PRELIMINARY HEARING The arbitrator conducts a preliminary hearing with the parties, to discuss the issues in the case and procedural matters, such as witnesses, depositions, sharing information, and other matters. 4)INFORMATION EXCHANGE AND PREPARATION The parties then prepare for presentations and exchange information. 5)HEARING At the hearing, both parties may present testimony and evidence to the arbitrator. Unless the case is very complex, this is usually the only hearing before the arbitrator. 6)POST HEARING SUBMISSION After the hearing, both parties may present additional documentation, as allowed by the arbitrator. 7)THE ARBITRATION AWARD Finally, the arbitrator closes the record on the case and issues a decision, including an award ARBITRATION PROCEEDINGS It refers to a decision made by the arbitrator in an arbitration proceedings Its similar to a judgment in a court of law. Award is of a non-monetary nature where all of the claimant's claims fail and thus no money needs to be paid by either party ARBITRATION AWARD An arbitral tribunal is a panel of one or more adjudicators to resolve a dispute by way of arbitration. It consist of a sole arbitrator, or two or more arbitrators (Joint arbitrator) which might include either a chairman or an umpire. Ideal composition of an arbitral tribunal should include at least one economist, particularly in cases that involve questions of asset or damages valuation ARBITRATION TRIBUNAL
  86. 86. ROLE OF PROJECT ARCHITECT & EXCEPTED MATTERS Clause no 5 (ARCHITECTS INTERPRETATION) – Drawings furnished to the contractor by the project architect, the decision of project architect or his interpretation of his drawings will be final (discrepancies occurred may be related to scale of drawing, dimension or certain finishes) Clause no 9 (ARCHITECTS INSTRUCTION) – Architect is empowered to issue instructions to contractors from time to time, If the instruction is given orally or on telephone, that has to be confirmed in written format. Clause no 19 (ARCHITECTS FIELD ORGANIZATION & EQUIPMENT) – If there is a dispute about the manner of doing any work or provision of any equipment or tools for a particular job, the decision of architect is final Clause no 25 (ASSIGNMENT & SUBLETTING) – This clause states that the contractor will seek architects permission to either assign or sublet a part of the work, architects will not un reasonably with hold such a permission , but if he refuses to give such a permission, his decision his final, contractor will be obliged to carry out that particular work himself, or find another agency acceptable to project architect Clause no 26 (SUB CONTRACTORS) – Main contractor is responsible for coordination of work of all sub contractors who are involved in the project with the knowledge and consent of the project architect, -- Under certain circumstances the project architect can advise owner to issue direct payments to sub contract and deduct the same from main contractor bills. -- Providing facilities like water, electricity, scaffolding, sanitary facilities, workers storage facilities at the site my main contractor to all subcontractor, given by the project architect is the final Clause no 36 (MATERIALS & WORKANSHIP) -- Regarding the quality of material, workmanship of various parts of building relating to defective Work, level, color shades etc given by the architect is final
  87. 87. Clause no 40 (EXTENSION OF TIME TO CONTRACTOR) -- There are 10 grounds on which the contractor, request extension of time -- Out of ten, five grounds are such that architects decision is the final, -- Remaining five grounds are follows: a) FORCE MAJEURE - particular superior force prevents the contractor from fulfilling his duty - for ex, extraordinary occurrence which could have been foreseen & which couldn’t have been guarded against like natural disasters storm, earthquake, big tide etc a) EXCEPTIONALLY INCLEMENT WEATHER -If the disruption caused by weather is on an unprecedented scale then only it is termed as exceptional. same applies to heat waves or snowfall etc b) CIVIL COMMOTION, STRIKES ETC -Transport workers strike, railway strike, construction workers strike, political, social violent disturbances can paralyze the entire construction industry -In above such cases request for extension of time is valid -but if there are strikes which do not affect construction activity, there cannot be ground for granting extension of time d) DELAY ON THE PART OF NOMINATED SUB CONTRACTOR OR NOMINATED SUPPLIER -Claiming of extension of time may be due to the delay by either sub contractor or supplier, same may be decided by the project architect. -At times delay on part of sub contractor or supplier may not affect the progress of certain types of work, In such case project architect would be justified if he refuses extension of time. e) DELAY ON ACCOUNT OF ARTISTS AND TRADESMEN ENGAGED BY THE OWNER -Specialized works like signage, murals, display signs, sculptural panels, decorative metal work etc the owner employs the renowned artists or specialized tradesmen and agencies. -Delay caused by such agencies may not affect the work of main contractor, even if it does, to what extent the contractor should get extension of time will finally depend upon the project architects judgment

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