building conditions of agreement, clause abitration

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    PROFESSIONAL PRACTICE-

    BUILDING CONDITIONS OF

    AGREEMENT, CLAUSE ABITRATION

    BY:

    AARTI YADAV

    ADITI SRIDHAR

    HARIPRIYA SINGHSARANSH GUPTA

    RAMANDEEP

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    EXECUTION OF ASSGNMENT

    All stages of work should becompleted by architect and necessaryapproval is given by client

    If architects firm closes, client can

    employ any other firm after duly payingthe architect for the stage of servicethen in progress

    In case of breach of contract, the

    aggrieved party shall be entitled torescind this agreement withoutprejudice to its rights to claimdamages or remedies under the law.Period of notice30 days

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    The drawings and other specifications

    related to project are to be prepared byarchitect on the basis of schedule of rates of

    exchange agency plus tendering percentage

    The architect will advice the client on time

    and progress chart The architect is responsible for providing

    other consultants to the client

    The architect should have authority of client

    before initiating any stage of his duties The architect will assume the full

    responsibility of the design and specifications

    for the project

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    The architect shall provide client free

    of cost 4 sets of drawing at the stage 2

    of the agreement 8 sets of alldrawings, specifications and other

    particulars in the stage 3 to 8

    On completion of project the architect

    shall submit 2 sets of buildingdrawings

    The architect shall advice client

    regarding work under execution during

    visits to site The architect cant make any

    alterations in drawings involving

    financial implications without prior

    consent of client

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    The architect shall be compensated

    for the actual expense incurredduring extended period of contract

    The architect shall make necessary

    revisions required by client

    No change will be made in approveddrawing without consent of architect

    The drawing specifications are not

    to be used for any other project

    without the approval architect

    The client have the liberty of

    postponing and not executing any

    work

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    STANDARD SCALE OF

    REMUNERATION FORCOMPREHENSIVE

    ARCHITECTURAL SERVICES

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    Type of project Scope of work Min. fees as per

    tender cost

    Urban design Pre-design study, building forms,

    volumes and architectural landscape,street furniture and signage controls but

    excluding design of services

    1.0

    Site development Pre design study, layout and services

    design, pre-design study, layout,

    architectural structural electrical andplumbing design, air conditioning,

    heating and acoustics if needed,

    detailed engineering designs of all

    external services namely roads,

    sewerage, drainage, water supply,

    street lighting and compound wall,

    landscaping of graphic signage and

    certifying from time to time that designs

    are being correctly interpreted and

    finishing is of acceptable quality

    2.5

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    Type of project` Scope of work Min. fees as per

    tender cost

    All other building

    projects

    All services listed under 2 above (site

    development, housing) includinginteriors if interiors are part of

    comprehensive service

    5.0

    Additions and

    alterations

    including relatedinterior individual

    houses

    -do- 7.5

    interiors Pre-design study, detailed working

    drawings of all interior elements

    designing and if needed prototype of

    furniture, selection of furnishing,

    carpets, interior items and work of art

    10.5

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    Type of project Scope of work Min. fees as per

    tender cost

    Verification and

    certification of

    contractors bills

    and monitoring the

    performance of the

    contractor

    With the help of site engineers check

    measurements, verify works executed in

    relation to quantities in estimates and

    verify and certify the bills on tendered

    rates

    1 percent in addition

    to above fees

    Visits for outstations

    i. Visit in connection with project forwhich commissioned

    ii. Visits for consultations

    Actual air A/C firstclass fare actual

    boarding local travel

    as per actual as

    above plus Rs.500

    per diem

    Presentation

    models and

    presentation

    drawings

    Actual cost

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    MODE OF PAYMENT

    For each of the services in scope of, the

    architect shall be paid in the following

    stages consistent with the work done plus

    reimbursable expenses as agreed upon.

    Payment made to the architect are on

    account and shall be adjusted against the

    final fee payable

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    Preliminary stages

    Stage 1 On submitting the conceptual designs

    and preliminary estimates of the costs

    15% of the total fees

    payable

    Stage 2 On submitting the final preliminary

    drawings/ designs and study models

    along with the modified estimates of

    cost.

    25% of the total fees

    payable less payment

    already made

    Stage 3 On submitting preliminary drawings for

    obtaining approval from statuary bodies.

    Working drawing stage

    35% of the total fees

    payable less payment

    already made

    Stage 4 During preparations of basic working

    drawings and details sufficient for

    preparing item wise estimate of costs.

    55% of total fees

    payable less payment

    already made

    Stage 5 On submitting detailed specifications, billof quantities, detailed architectural

    working drawings, structural and

    services designs together with estimates

    of costs sufficient to invite tenders

    70% of the total feesless payment already

    made

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    Stage 6 On submission of complete set

    of drawings and details sufficient

    for the work to commence at

    site.

    80% of the total fees

    payable less payment

    already received

    Construction stage

    Stage 7 During the course of

    construction of work at site

    Further 20% to be paid in

    installments consistent with

    the value of work from time

    to time. The architect shall

    be paid in the entire 20% ofthe fees in the event of the

    work not being completed

    within 12 months of the

    date of stipulated period of

    completion of work.

    Stage 8 On completion of the work (to be

    paid within 6 months of

    completion of the work)

    Balance payment making

    the total equivalent to 100%

    of the fees payable

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    2. Progressive payments may be made to the

    architect in any of the above stages based

    on the quantum of work done in that stage

    as may be mutually agreed to by theparties.

    3. No deductions shall be made from the fee

    of the architect on account of penalty

    liquidated damages, part rates or othersums withheld from payment or recovered

    from the contractor.

    4. When the work is executed wholly or in part

    with old materials or labour or carriage is

    provided by the clients , the percentage

    fees shall be calculated as if the work had

    been executed wholly by the contractor

    supplying all labour and new materials.

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    5. The cost of the project shall be the cost of

    the building work as calculated on theaccepted tenders including the cost of

    structural sanitary ,plumbing and electrical

    work ,sanitary and electrical fittings and

    fixtures, lifts, escalators, mechanical,

    equipments, landscaping, interior and

    graphic signage i.e., on all items on which

    the architect had rendered professional

    services but shall exclude the cost of the

    clients site office, cost of land and cost ofsupervisory staff.

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    6. In case only a part of the project is

    continued beyond any stage thedeductions for payments made against

    earlier stages shall only be in respect of

    proportionate cost of the said part of the

    project. Thus where a concept (stage-2)

    master plan has been prepared ,30

    percent fees will be payable on the entire

    master plan and deduction at subsequent

    stages shall be in respect of portions

    actually constructed form time-to-time.

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    ARBITRATION

    All difference and disputes arising

    between the client and the architect on any

    matter connected with agreement or in

    regard to the interpretation of the content

    there of shall be referred to the council of

    architecture new Delhi, for final decision

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    LETTER OF APPOINTMENT

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    Letter of Appointment

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    CONCLUSION

    As a registered architect with the

    council of architecture it is his duty

    to see that he upholds to regulations

    pertaining to professional conduct.

    Violation of regulations pertaining to

    professional conduct will result in

    professional misconduct.

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    If the professional misconduct hasbeen proved against the architect

    beyond doubts , the council may :

    (a) Reprimand the architect , or

    (b) suspend him from practice , or(c) Remove his name from the register

    , or

    (d) Pass such other order the as the

    council thinks fit.

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    THANK YOU