GUC ARCT 702 Legislations and Professional Practice - Revision 13-12-2018

GUC – German University in Cairo

Architecture and Urban Design

ARCH 702 Legislation, Professional Practice and Contracts Fall 2018 Instructor: Dr. Yasser Mahgoub

Revision 1

Architectural Profession

Architect (from the Greek word architekton meaning master builder): “One who designs buildings and superintends their construction.�

• The earliest surviving treatise (thesis, dissertation, study) was written in Rome, in about 25 BC, by Vitruvius. (The Ten Books of Architecture) • It is one of the most important treatises in the history and theory of architecture.

• Called De Architectura, it served Renaissance architects such as Leon Battista Alberti as their chief source of inspiration and remained influential up to the 20th century.

Vitruvius 20 BC Rome, Italia

Utilitas ... Firmitas ‌ Venustas Commodotoes ... Firmness ... Delighte

Functional ... Technological ... Aesthetic Utility ... Structure ... Attractive Use ... Construction ‌ Appearance

•The profession as we know it today was formalized in the 19th century. •The 20th century, and especially the last three decades, has been a time of explosive growth and change for the profession.

The Architecture Profession The transformation from a PRACTICE into a PROFESSION Control the way in which design services were being provided Increase in large-scale public works projects Need for assurance that an architect had the necessary expertise

Professional Competence = Education + Licensing (Training + Examination)

The Design Process

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The Design Process • The process of designing a building, space or structure typically consists of design phases.

• It is important to understand and remind yourself of these phases, to bear in mind exactly what you're trying to accomplish.

• And it does take time.

BASED An Architectural Design Method

B

A

S

E

D

Briefing

Analysis

Synthesis

Evaluation

Design

Problems

Program

Solutions

Priorities

Drawings

Definitions

Site

Concept

Grading

Final Models

Needs

Goals

Form

Reports

Context

Performance

Space

Communicatio n

Program

Alternatives

Preliminary Design

Site

Study Models

Feedback Selection Optimization

CAD

Presentation Communication

Steps of the BASED Design Process • BRIEFING • Site selection, Program formulation, Data collection, Examples, ...

• Analysis • Design and Project Data analysis • Identification of Objectives

• Synthesis • Formulation of Concepts and Alternatives • Communication of Concepts

• Evaluation • Review of Alternatives • Selection of one alternative

• Design • Design details • Communication media

Design Process • Linear Quality

Analysis  Synthesis  Evaluation • Non-linear Qualities

Flashes of insight … Creative leaps

The Design Concept

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The Design Concept

"Good architecture expresses a thought.“ Ludwig Wittgenstein

What is a Concept? • A Concept integrates Site, Program and Form according to a holistic idea or vision. • It communicates a Meaning that the architectural designer wishes to communicate to the user and viewer of architecture.

Shape & Dimensions Roads & Access Surroundings & View Topography & Soil Site Temperature Sun Wind Climate Humidity Sand Height Forms Colors Building Structure Technical

Solution

The Concept Areas Spaces Relationships Functions Equipment

CONTEXT

NEED

Site

Program

FORM & SPACE

Gender Number User Activities Socio-Cultural

Vision Client Organization Budget Schedule

Concept

Sketches Material Variety Models Exterior Form Balance Texture Drawings Symmetry Color & Details Asymmetry Scale Renderings Interior Space Proportion Size Animations Unity Volumes Shapes Rhythm

Elements

Principles

Idea Analogy Metaphor Symbolism

Cultural Context

Concepts Translations – Visual and Verbal

Form vs. Function • Form and Function are both important consideration in architecture.

• Form does not follow Function nor Function follows Form.

• Form and Function Compliment each other.

Design Influences

Design Influences Design Influences – Every project situation is different

– Different requirements and limitations – Cultural, environmental, technological, aesthetic contexts – Challenges and opportunities.

Design Influences Program – Requirements and Limitations – General or Specific descriptive of needs – Suggestive solutions

Design Influences Community Desires • Public agency (ies) approvals • To meet objections or to gain support.

Design Influences Codes and Regulations • • • •

Safety requirements Minimal land use Light and air zoning A major force in design that regulates every aspect of design and construction

Design Influences Building Context and Existing Fabric – The surrounding environment – Influence: –Materials –Fenestration –Color –Detailing – Existing structures

Design Influences Site and Climate – Physical characteristics: size, configuration, topography, geotechnical, etc.

– Climate: wind, solar orientation, temperatures, humidity, precipitation, etc.

– Environmental Factors: view, existing vegetation, drainage, etc.

– Access – Adjacent land uses and other site factors.

Design Influences Building Technology – Building configuration, materials, and systems are rarely arbitrarily chosen and are only partially based on aesthetic criteria. – Dimensions may be dictated largely by mechanical systems or even by the knowledge and preferences of the local construction industry.

Design Influences Cost • Projects have limited budgets.

• Cost considerations significantly influence almost all issues from building size and configuration to material selection and detailing.

• Budget: Fixed or flexible

Design Influences Schedule • Design decisions out of sequence

Design Influences

Design Influences The client

• The Good client: Is there such a thing as "good client"?

• Some clients have a clear idea of program, budget, and other project objectives, including the final appearance of the building.

• Others look to the architect to help them define the project objectives, as well as to design a building that meets these goals.

Professional Services Provided by Architects

Professional Services Provided by Architects These activities (from the Architect's viewpoint) may be grouped into 5 major phases of work + 1 post construction phase

1. Pre-Design Phase: Program Definition, Feasibility Analysis 2. Design Phase: Schematic Design, Design Development 3. Construction Document Phase: Documentation of the Design Intent 4. Bidding and Negotiation Phase: Establishing the Cost of the Design Intent 5. Construction Phase: Administration of the Construction Contract + 1. Post-Construction Phase: Warranty Review, Post Occupancy Evaluation

Professional Services Provided by Architects PRE-DESIGN The range of Pre-Design elements include: • • • • • • • •

Identification of the client's needs and options Feasibility and costing studies Value management studies Project delivery programs and building procurement advice Life-cycle cost analysis Site, geotechnical and infrastructure investigations Detailed project brief preparation.

Master Planning.

Pre-Design

The Value of Pre-design • It is important to extend the pre-design phase as long as possible in order to: • It is defense mechanism against those "hot ideas" that will come up midway through the project.

• Invent ways to force yourself not to dive into design immediately • Find ways of getting the client involved in this "discovery phase" • Identify and achieve consensus on the five or six real issues the project brings you to solve

Professional Services Provided by Architects SCHEMATIC DESIGN Schematic Design is an advance of the preferred planning options while ensuring that the broad spatial and functional planning requirements are achieved.

The Schematic Design will result in the following: • Site Plan • Plans, elevations and sections of the preferred design • Schedule of proposed materials, finishes and signage • Color Board of all materials and finishes • Cost Plan • Schematic Design Report

Professional Services Provided by Architects DESIGN DEVELOPMENT From the broad brush requirements of the Schematic Design, a design proposal is developed and agreed with the client and includes: • Refinement of the function and form • Structural systems • Internal spaces of the building • Mechanical • Electrical • Hydraulic services • More detailed estimates of cost • Provision of time program

Professional Services Provided by Architects DESIGN DEVELOPMENT From this stage the client will receive the following: • Fully developed Site Plan • Fully developed Plans of each level of the preferred design • Roof Plan (slopes, materials and penetrations) • Elevations of all aspects and general sections • Chosen plans and sections that describe the building form through the overall scheme or part of it at a scale of 1:100 • Part and elevations of typical elements and sections • Schedule of finishes and sample board • A report from the Building Surveyor explaining the approach to the design solution.

Professional Services Provided by Architects CONTRACT DOCUMENTATION • Drawings and specifications are detailed from the Design Development and may include: • Bills of Quantities sufficient for the calling of competitive tenders and to enable the building to be constructed as intended.

• A tender estimate • Coordination and integration of the work of each discipline.

Professional Services Provided by Architects TENDER EVALUATION When design and documentation is completed, the project goes to tender and this service includes the following: • Calling of tenders • Answering tender inquiries • Evaluation of tenders in conjunction with or on behalf of the client • Analysis and advice in respect of tenders received, including any necessary negotiations with tenders • The preparation of formal contract documents • Arrangements for the execution of the contract.

Professional Services Provided by Architects CONTRACT ADMINISTRATION The administration of the contract is carried out, including: • Reporting on construction progress and cost • Observance of compliance with the documented

intent by periodic inspection of the works • Supplying information, checking progress claims and issuing progress certificates, negotiating

variations and cost adjustments and dealing with claims for extensions of time and other matters included in the building contract.

Professional Services Provided by Architects POST CONSTRUCTION SERVICES • Manuals for facilities management or maintenance and operation purposes • Systems and Equipment commissioning and adjustment • Periodic maintenance inspections • Replacement cost estimating for insurance purposes • Warranty and operational reviews • Contractor maintenance evaluation • Post-occupancy evaluation • Energy and environmental health surveys.

The Value of Pre-design

Dr. Yasser Mahgoub

Construction Documents

Drawings

Biding requirements

Specifications and BoQ’s

Addenda Construction Documents

Contract forms and conditions

Contract modifications

Professional Services Provided by Architects TENDER EVALUATION When design and documentation is completed, the project goes to tender and this service includes the following: • Calling of tenders • Answering tender inquiries • Evaluation of tenders in conjunction with or on behalf of the client • Analysis and advice in respect of tenders received, including any necessary negotiations with tenders • The preparation of formal contract documents • Arrangements for the execution of the contract.

Professional Services Provided by Architects CONTRACT ADMINISTRATION The administration of the contract is carried out, including: • Reporting on construction progress and cost • Observance of compliance with the documented

intent by periodic inspection of the works • Supplying information, checking progress claims and issuing progress certificates, negotiating

variations and cost adjustments and dealing with claims for extensions of time and other matters included in the building contract.

Time budget and project phases used in "Typical current practice" 15% Schematic 20% Design Development 40% Construction Documents 5% Bid/Negotiation 20% Construction

Construction Documents

Time budget and project phases used in "Typical current practice"

Project Delivery Approaches

Project Delivery Approaches • Owner as contractors • Single prime contract (Design Bid Build) • Multiple prime contracts

• Construction management • Design/Build • Other: – Early award – Fast track

Design-Bid-Build (DBB) • This project delivery method is the “traditional” means of delivering a construction project, and creates a clear separation between the design and construction process.

• Typically the only criteria for selection of a contractor in design-bid-build (DBB) projects is the lowest construction price.

Design-Bid-Build (DBB) • To begin the DBB process: 1. An architect or engineer (A/E) is hired by an owner to create design documents (drawings and technical specifications) for a project. In addition, the A/E will usually develop a project cost estimate and schedule.

2. Once the design documents are completed, a Request for Bids (sometimes called a Request for Proposal) (RFP/RFB) is created a released to contractors.

3. Contractors will then evaluate the project documents and provide a price for the work.

4. The A/E is responsible for answering bidder questions and for assisting the owner in evaluating the received bids.

5. Once a bid is selected, the owner establishes a contract with the chosen contractor and work begins on the project.

Design-Bid-Build (DBB) • The DBB method is typically the most familiar to those in the industry. It also has, in theory, the ability to deliver a low-cost project. • However, since this method isolates the contractor from the design process, there is a high potential for project cost increases due to conflicts between the design documents and the constructability of the project in the field.

Design-Bid-Build (DBB) • Also, selecting a low bidder can result in a decrease in the quality of the finished product, as the contractor must often determine ways of achieving a profit on the job, working under a budget that was the lowest of all contractors submitting pricing. • In general, the DBB process is best used on projects that are simple, that are not under a tight time crunch and that have a limited budget.

Business Management

ARCHITECTURAL PRACTICE • Architectural practice encompasses the activities of organizing, managing, and documenting the architectural project delivery process as it applies to the modification of the built environment through DESIGN.

Organize

Manage

Document

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HAVE A GOOD REASON FOR STARTING YOUR OWN FIRM Having a strong reason to go out on your own is a prerequisite, because the risks, effort, and initial financial investment can be significant.

Dr. Yasser Mahgoub

ARCHITECTURE FIRM STRUCTURE • Small firms with less than 5 people usually have no formal organizational structure, depending on the personal relationships of the principals and employees to organize the work.

• Medium‐sized firms with 5 to 50 employees are often organized departmentally in departments such as design, production, business development, and construction administration.

• Large firms of over 50 people may be organized departmentally, regionally, or in studios specializing in project types.

Dr. Yasser Mahgoub

Time budget and project phases used in "Typical current practice" 15% Schematic 20% Design Development 40% Construction Documents 5% Bid/Negotiation 20% Construction supervision

Construction Documents

Fees

There is no best method of compensation; each has advantages and disadvantages, and each may be more or less appropriate in a particular situation.

Basic services are divided into five phases: 1. Schematic design 2. Design development 3. Construction documents 4. Bidding or negotiation 5. Construction contract administration

From cost to price Compensation (fee) proposal How will the architect be compensated?  Lump sum fee  Cost plus  Construction cost  Unit costs  Repetitive units Combination of these approaches

Services and Compensation

Bottom-up planning Starts with the tasks to be performed Identifying who will do them How much time each task will take What each task will cost The total cost is the proposed price (compensation or fee)

Services and Compensation

Top-down planning ď şStarts with the compensation or fee available to do the project. ď şBacks out the money available for various project tasks.

Services and Compensation

Services and Compensation

Services and Compensation

III. Compensation methods

The are two fools in every market; one asks too little, one asks too much.

Russian proverb

Ethics

PROFESSIONAL ETHICS

Joining a professional society means subscribing to that society's ethical standards.

ETHICS Professionals are granted certain rights by society and, in turn, they are obligated to meet accepted standards of professional behavior.

ARCHITECT

Honesty and Integrity provide a shield of protection to the public welfare and safety.

ARCHITECT

By applying the codes of ethics, an architect earns the trust and respect of his/her clients and employer.

Honesty and good will among architects provide the foundation for maintaining the reputation of their profession.

The Code of Ethics

The code of ethics provides members with guidelines and rules for fulfilling their obligations to the public, clients and users, the profession, their professional colleagues, the building industry, and the base knowledge on which the practice of architecture rests.

The Code of Ethics The code is arranged in three tiers: 1. CANONS: Broad principles of conduct to the discipline, the public, the client, the profession, and professional colleagues.

2. ETHICAL STANDARDS: More specific goals toward which members should aspire in professional practice and conduct.

3. RULES OF CONDUCT: The canons and ethical standards are stated in aspirational terms; the rules are mandatory and describe the "floor" below which a member's actions may not fall.

Example

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• The following are the rules of the AIA 2012 Code of Ethics and professional Conduct, as a guideline: I.

General Obligations

II.

Obligations to the Public

III. Obligations to the Client IV. Obligations to the Profession V.

Obligations to Colleagues

VI. Obligation to the Environment 88

Problem:

An architect is offered some additional gifts and services in exchange for using

superior materials on a remodeling project. This was not detailed in the contract.

She should:

a. Take the offer and use the special materials. b. Reject the offer.

c. Ask her boss which of the gifts to accept. d. Accept the gifts but use the materials

specified in the contract in order to retain neutrality.

Building Codes

The Purpose of Building Codes Provide minimum standards To safeguard life, limb, health, property and public welfare By regulating the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings within this jurisdiction.

Coverage • Specific design and construction requirements, based on the occupancy, building height, floor area, availability of fire-fighting capacity, and other factors • Required fire resistance of structural elements, floor, ceilings, and fire and party walls • Restrictions on building height • Requirements for compartmentation (fire areas) • Fire protection systems • Flame-spread ratings for finishes

Coverage • Egress requirements, such as stairs, corridors, and doors • Access and egress requirements for disabled persons • Light, ventilation, and other indoor environment requirements • Requirements for energy conservation • Structural requirements for building components • Materials performance and specifications • Requirements for building services systems

Approaches Code provisions may be written in one of two ways: – Prescriptive requirements: methods and materials that must be used in the building (ex. Wall thickness) … Preferred by building officials …Easier to administer and enforce.

– Performance requirements: Desired results (ex.

Wall that withstand a certain amount of wind load) … Preferred by architects … Flexible

Enforcement • Done by • Central agency • Building Department

• Activities • Review drawings • Issue building permits • Periodically inspect the project for conformance • Maintain public records

FAR Floor Area Ratio

Setback

Building Height

What is the “Setback�?

The distance between the building and the site lines.

• Your client has purchased a 2000 m2 site.

Zoning for the site allows a maximum FAR (Floor Area Ratio) of “4” and Footprint no more than “40%”. How many stories must the building have to achieve the maximum size allowed?

• Your client has purchased a 2000 m2 site.

Zoning for the site allows a maximum FAR (Floor Area Ratio) of “4” and Footprint no more than “40%”. How many stories must the building have to achieve the maximum size allowed?

• 2000 x 4 = 8000 • 2000 x 40% = 800 • 8000 / 800 = 10 Floors

Based on the Egyptian Building Code article 98, for a 36 m high building what would be the area and minimum dimensions for: 1) a bedrooms internal light well 2) a toilets and kitchens internal light well

Based on the Egyptian Building Code article 98, for a 36 m high building what would be the area and minimum dimensions for: 1) a bedrooms internal light well 36 / 4 = 9 9 x 9 = 81 m2 2) a toilets and kitchens internal light well 12.5 + 2.5 = 15 m2 = 2.5 x 6 or 3 x 5

Contracts

The Contract!

A legal agreement between owner and architect that clearly communicates a project’s terms and conditions, determine responsibilities of each party and set expectations for schedule and payment for services.

Contract Basics • Why have a written contract?

– Mutual understanding • Better understanding promotes better relationships

– Establishing your own rules • Law will govern over silent issues

– Sizing up your client • Understand your clients attitudes and motivations

– Identifying and allocating risk • Candid discussion of risk fosters agreement between parties

Project Delivery Methods • Traditional Methods – Design-Bid-Build • Traditional form of project delivery characterized by its three phases, dual contracts and linear sequencing of the work.

– Negotiated Design Team • Sometimes referred to as design-assist, it brings the contractor into the design process.

Project Delivery Methods • Construction Management – Construction Manager as Advisor • A construction manager is brought to the design team who acts as advisor to the owner.

– Construction Manager as Agent • The construction manager is given the authority to act on the owner’s behalf.

– Construction Manager as Constructor • The construction manager is hired to act as project coordinator and general contractor.

Project Delivery Methods • Design-Build – Design-Build • Single point of responsibility for the project.

– Design-Build as Developer • Design-build entity takes on some responsibilities of real estate development.

END