Arch Professsional Service
Arch Professsional Service
Arch Professsional Service
When an architect undertakes a job, his fees are usually agreed in advance or may not have been agreed
upon. If the fees art not agreed upon, the same may result in straining of the relationship with his client and
ultimately may terminate in a legal suit for recovery of his dues. However, the following aspects about the fees
should be noted:
1. If there is an agreement between the owner and an architect about the fees, the same will be
binding on both the parties. In this case the scale of fees of the Council will have no application.
When the agreement provides that the conditions of engagement and scale of fees will be such as
are prescribed by the Council, the same can be enforced. Even in such cases the Hon'ble Courts will
look to the strict compliance of the regulations by the architect.
2. When the architect proceeds with the work without mentioning his remuneration, he will be
entitled to reasonable remuneration based on Quantum Merit. In fixing reasonable remuneration,
the Hon’ble Courts may consider scale of fees of Cowell. It is said that Hon'ble Courts have
frequently expressed antipathy towards professional scale of every kind.
Q1 (3) What do you understand by ‘schedule of services’. Explain in brief the services rendered by an
architect.
The architect shall after taking instructions from client render the following services:
a. Furnish a site evaluation and analysis report with basic approach to circulation, activity distribution and
interaction and external linkages.
b. Furnish preliminary report on environmental impact of the project and finalize it after discussion with
the client clearly outlining the measures required for mitigating the adverse impact.
c. Prepare conceptual designs with reference to requirements given and prepare approximate estimates
of cost by cubic measurements or on area basis.
d. Modify the conceptual design incorporating required changes and prepare preliminary drawings and
designs and study model for the client’s approval along with revised estimate of cost.
e. Prepare drawings necessary for submission to statutory bodies for sanction and assist and advice on
formalities
f. Prepare working drawings specification and schedule of quantities sufficient to prepare estimates of
cost.
g. Prepare a short list of contractors, together with appropriate justification.
h. Prepare working drawings including large scale and full size details, detailed specifications and
schedule of quantities sufficient to invite tenders.
i. Prepare and submit complete working drawing and details sufficient to commence work at the site and
for the proper execution during construction.
j. Visit the site of work and provide periodic supervision as and when necessary to clarify and decision or
interpretation of the drawings and specifications that may be necessary and attend conferences and
meetings, as and when required and to ensure that the project proceeds generally in accordance with
conditions of contract.
k. “for frequent or constant supervision” clerk of works shall be appointed. He shall be nominated or
appointed by the architect and shall be under the direction and control of the architect. He shall be
paid by the client or, alternatively, may be employed by the architect, who shall be reimbursed the cost
of the said employment including overheads. However, the overall cost of the employment of the clerk
of the works shall not exceed 0.5% of the overall cost of the project.
On completion of the work, the architect will prepare and submit two sets of as built drawings (one set on
reproduction prints) of the building and services. (pg. 16-17)
Professional fees are prices charged by individuals specially trained in specific fields of arts and sciences, such
as doctors, architects, lawyers, and accountants. "Professional Fees" is usually an income account used by a
professional firm in recording its revenues.
SCHEDULE OF PAYMENTS: 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:
Rs. 20 M* or 5% of the total fees payable, whichever is higher, adjustable at the last stage. (*M = 1000)
Stage 1: On submitting conceptual designs and 10% of the total fees payable.
rough estimate of cost
Stage 2: On submitting the required preliminary 20% of the total fees payable less payment
scheme for the client's approval along with already made at Stage 1.
the preliminary estimate of cost.
Stage 3: a. On incorporating Client's suggestions and 30% of the total fees payable less payment
submitting drawings for approval from the already made at Stage 1 and 2.
Client/statutory authorities, if required.
In case only a part of the project is continued beyond any stage the deductions 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 from time-to-time.
Fees payable to the architect varies from project to project and services. The professional practice manual has
prescribed the fees structure as under:
7. Documentation and Applicable on all professional fee payable to 10 percent of the professional
communication the architect fees.
charges
8. Verification and Verification of contractor’s bills for payment, 1 percent in addition to the
certification of based on progress of works at site, above fees.
contractor’s bills measurements of works certified by the
construction manager (i.e. clerk of works/
site supervisor or construction management
agency) and in accordance with conditions
of contract, drawings and instruction issued.
Explanatory notes:
The above fee structure is subject to the following terms:
The fees are negotiable if the cost of the work assigned is up to 15 lacs.
Follow up fees for urban design/ urban renewal shall be reduced by 20%.
Reimbursement of expenses:
In addition to the fee payable under the preceding clauses, the client will reimburse the architect towards
actual expenses, the following:
1. Return air fare or first class AC train fare for any visit made, by the architect and his professional
staff and first class train fare for non-professional staff to the site or such other place as may be
necessary in connection with the execution of work and in connection with the performance of
duties referred to in this agreement.
2. Actual lodging and boarding and local transport as per actual.
3. Cost of presentation models, if required.
A termination agreement is a legal form, which is signed at the termination of an agreement or arrangement.
This term is most commonly used in reference to termination agreements, which are used when an employee
is released from employment, but the term can also refer to an agreement, which terminates a lease or
another type of contract. Before signing any forms upon terminating an agreement, it is critical to read them
very closely, as there may be clauses, which are unexpected or surprising.
Agreement between the Architect and the Client may be terminated by either one giving the other a written
notice of not less than 30 (thirty) days, should either fail substantially to perform his part of
responsibilities/duties, so long as the failure is not caused by the one initiating the termination.
When termination of this Agreement is not related or attributable, directly or indirectly to any act, omission,
neglect or default on the part of the Architect, the Architect shall be entitled to professional fees as stipulated
under Clause 4 and sub-clauses 9.09 and 9.11 of Clause 9.
In the event of Architect's firm closing its business or the Client having terminated the agreement, the Client
shall have the right to employ another Architect to complete the work, after making payment to the previous
architect's firm.
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. Not give or take discounts, commissions, gifts or other inducements for the introduction of Clients or
of work.
6. Act with fairness and impartiality when administering a building contract.
7. Compete fairly with other Architects.
8. Observe and uphold the Council's conditions of engagement and scale of charges,
9. Not supplant or attempt to supplant another Architect.
10. Not prepare designs in competition with other Architects for a Client without payment or for a reduced
fee. (Except in a competition conducted in accordance with the Architectural competition guidelines
approved by the Council)
(b) EXPLAIN THE DUTIES OF AN ARCHITECT TOWARDS SOCIETY, CLIENT, EMPLOYEES & CONSULTANTS AS
WELL AS AGENCIES OF THE FIELD AS PER COA GUIDELINES.
(i) He must ensure that his professional activities do not conflict with his general responsibility to
contribute to the quality of the environment and future welfare of the society.
(ii) He shall apply his skill to the creative, responsible and economic development of our country.
(iii) He has to promote the advancement of architecture, standards of architectural education,
research, training and practice.
(iv) He must conduct himself in a manner which is not derogatory to his professional character, nor
likely to lessen the confidence of the public in the profession, nor bring architects into dispute.
(v) When working in other countries he must observe the requirements of codes of conduct applicable
to the place where he is working.
Architect duties towards CLIENT:
(i) If in private practice, to make know one's client about the conditions of engagement and scale of
charges and to agree that these conditions shall be the basis of his appointment.
(ii) Not to sub-commission another architect or architects the work for which he has been
commissioned without prior consent of the client.
(iii) He is prohibited to give discounts, commission or other gifts or inducements for the introduction of
the client or to obtain the work. He must maintain a high standard of integrity.
(iv) Even though he has been appointed by the client and he is his paymaster, yet he has to act with
fairness and impartiality when administrating a building contract.
(i) Provide his employees and/or associates with suitable working environment, compensate them
fairly and facilitate their professional development.
(ii) Recognize and respect the professional contributions of his employees and/or associates and/or
consultants.
Enter into agreement with them defining their scope of work, responsibilities, functions, fees and mode of
payment.
Q2 (3) Explain in detail standard norms (conditions of engagement) for Comprehensive Architectural
Services.
The Council of Architecture has prescribed the conditions of engagement and the fees payable to the
Architect. The conditions cast a grave responsibility on the architect to ensure that the design evolved by him
is capable of being built. It is necessary that drawings must be complete and adequate for the purposes; in
general:
1. Sizes of drawings and format should be standardized.
2. Scale, lettering, annotation, dimensioning and degree of data should be consistent.
3. Subjects and formation should be suitable grouped.
4. All required information should be given, without unnecessary repetition and irrelevant information
excluded.
5. There should be adequate cross reference and interrelation between drawings.
6. Scale, in general to be 1:100 for main floor plans, elevations and sections. For detailed sections and
large-scale details of critical and special areas, scale to be 1:50 or 1:25. For small plots and social
housing floor plans, sections, elevations, etc., at 1:50 and all details 1:25.
It is difficult to quantify the drawings required for each project, as it would depend upon the complexity of
the project. However, the following list of Architectural drawings could be a guide for the preparation of
drawings.
Q2 (4) (a) Define comprehensive Architectural services under COA guidelines with general conditions of
engagement of professional Service agreement.
(b) Scope for comprehensive. Arch services u/COA guidelines.
(a) The Practice of the Architectural Profession is regulated by the Architects Act, 1972. The Council of
Architecture (COA) has defined the Scope of work and Architectural Services to be rendered by
Architects with a view to making the Client fully aware of the duties and services which he may expect
from the Architect. They stipulate the parameters within which the Architect is required to function
and are applicable to all registered Architects and such Architects who have specialized in areas such as
Structural Design, Urban Design, City Planning, Landscape Architecture, Interior Architecture and
Architectural Conservation.
The Council of Architecture has prescribed the conditions of engagement and the fees payable to the
Architect. The conditions cast a grave responsibility on the architect to ensure that the design evolved
by him is capable of being built. It is necessary that drawings must be complete and adequate for the
purposes; in general:
1. Sizes of drawings and format should be standardized.
2. Scale, lettering, annotation, dimensioning and degree of data should be consistent.
3. Subjects and formation should be suitable grouped.
4. All required information should be given, without unnecessary repetition and irrelevant
information excluded.
5. There should be adequate cross reference and interrelation between drawings.
6. Scale, in general to be 1:100 for main floor plans, elevations and sections. For detailed sections and
large-scale details of critical and special areas, scale to be 1:50 or 1:25. For small plots and social
housing floor plans, sections, elevations, etc., at 1:50 and all details 1:25.
It is difficult to quantify the drawings required for each project, as it would depend upon the
complexity of the project. However, the following list of Architectural drawings could be a guide for the
preparation of drawings.
(b)
L2 All projects other than housing As described for Comprehensive Architectural Services in the
conditions of engagement including Site Development but
excluding Landscape Architecture, Interior Architecture,
Graphic Design and Signage.
1.2.1 Repetition of the building in the As described for Comprehensive Architectural Services in the
same campus. conditions of engagement including Site Development but
excluding Landscape Architecture, Interior Architecture,
Graphic Design and Signage.
1.2.2 Repetition of the building at a As described for Comprehensive Architectural Services in the
different site. conditions of engagement including Site Development but
excluding Landscape Architecture, Interior Architecture,
Graphic Design and Signage.
1.3 Site Development. (except 1.1 and As described for Comprehensive Architectural Services in the
1.2) conditions of engagement except Landscape Architecture,
Interior Architecture, Graphic Design and Signage. (except 1.1
and 1.2)
Q2 (5) Explain in detail the schedule of payment; give a stage-wise breakthrough for the fees payable to the
architect.
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:
Rs. 20 M* or 5% of the total fees payable, whichever is higher, adjustable at the last stage. (*M = 1000)
Stage 1: On submitting conceptual designs and 10% of the total fees payable.
rough estimate of cost
Stage 2: On submitting the required preliminary 20% of the total fees payable less payment
scheme for the client's approval along with already made at Stage 1.
the preliminary estimate of cost.
Stage 3: a. On incorporating Client's suggestions and 30% of the total fees payable less payment
submitting drawings for approval from the already made at Stage 1 and 2.
Client/statutory authorities, if required.
In case only a part of the project is continued beyond any stage the deductions 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 from time-to-time.
Q2 (6) What do you understand by ‘schedule of services’? Explain in brief the services rendered by an
architect.
The architect shall after taking instructions from client render the following services:
a. Furnish a site evaluation and analysis report with basic approach to circulation, activity distribution and
interaction and external linkages.
b. Furnish preliminary report on environmental impact of the project and finalize it after discussion with
the client clearly outlining the measures required for mitigating the adverse impact.
c. Prepare conceptual designs with reference to requirements given and prepare approximate estimates
of cost by cubic measurements or on area basis.
d. Modify the conceptual design incorporating required changes and prepare preliminary drawings and
designs and study model for the client’s approval along with revised estimate of cost.
e. Prepare drawings necessary for submission to statutory bodies for sanction and assist and advice on
formalities
f. Prepare working drawings specification and schedule of quantities sufficient to prepare estimates of
cost.
g. Prepare a short list of contractors, together with appropriate justification.
h. Prepare working drawings including large scale and full size details, detailed specifications and
schedule of quantities sufficient to invite tenders.
i. Prepare and submit complete working drawing and details sufficient to commence work at the site and
for the proper execution during construction.
j. Visit the site of work and provide periodic supervision as and when necessary to clarify and decision or
interpretation of the drawings and specifications that may be necessary and attend conferences and
meetings, as and when required and to ensure that the project proceeds generally in accordance with
conditions of contract.
k. “for frequent or constant supervision” clerk of works shall be appointed. He shall be nominated or
appointed by the architect and shall be under the direction and control of the architect. He shall be
paid by the client or, alternatively, may be employed by the architect, who shall be reimbursed the cost
of the said employment including overheads. However, the overall cost of the employment of the clerk
of the works shall not exceed 0.5% of the overall cost of the project.
l. On completion of the work, the architect will prepare and submit two sets of as built drawings (one set
on reproduction prints) of the building and services. (pg. 16-17)
The architect shall after taking instructions from client render the following services:
1. Furnish a site evaluation and analysis report with basic approach to circulation, activity distribution and
interaction and external linkages.
2. Furnish preliminary report on environmental impact of the project and finalize it after discussion with
the client clearly outlining the measures required for mitigating the adverse impact.
3. Prepare conceptual designs with reference to requirements given and prepare approximate estimates
of cost by cubic measurements or on area basis.
4. Modify the conceptual design incorporating required changes and prepare preliminary drawings and
designs and study model for the client's approval along with revised estimate of cost.
5. Prepare drawings necessary for submission to statutory bodies for sanction and assist and advise on
formalities.
6. Prepare working drawings specification and schedule of quantities sufficient to prepare estimates of
cost.
7. Prepare a short list of contractors, together with appropriate justification.
8. Prepare working drawings including large-scale and full size details, detailed specifications and schedule
of quantities sufficient to invite tenders.
9. Prepare and submit complete working drawing and details sufficient to commence work at the site and
for the proper execution during construction.
10. Visit the site of work and provide periodic supervision as and when necessary to clarify and decision or
interpretation of the drawings and specifications that may be necessary and attend conferences and
meetings, as and when required and to ensure that the project proceeds generally in accordance with
conditions of contract.
11. "For frequent or constant supervision" Clerk of works shall be appointed. He shall be nominated or
appointed by the architect and shall be under the direction and control of the architect. He shall be paid
by the client or, alternatively, may be employed by the architect, who shall be reimbursed the cost of
the said employment including overheads. However, the overall cost of the employment of the clerk of
works shall not exceed 0.5% of the overall cost of the project.
On completion of the work, the architect will prepare and submit two sets of as built drawings (one set on
reproduction prints) of the building and services.
The Architect renders his professional services on the specific terms of payment that may have been agreed
orally or in writing. The architect may also proceed with the work without mentioning anything about his
professional charges in expectation that the client will not be unreasonable in his dealings. Subsequently,
when the work is terminated after he has partly performed his role, the usual dispute arises as regards the
professional charges. In such cases, the architect can sue the client for payment of the fees and Quantum
Meruit can form one of the mode of determining his reasonable fees.
It comes into operation as soon as the oral contract between the parties come to an end and is also applicable
in case of partial services.
The fees on Quantum Meruit cannot be decided either on the scale of fees or on time basis alone, yet the
scale of fees as prescribed by the Council will form a prima facie evidence of reasonable charges. The factors
or principles underlying in deciding the reasonable fees are:
After taking into consideration all the above facts, the remuneration payable to the architect in such cases as
decided by the Court is said to be the fees on Quantum Meruit basis.
Q3 (3) Criteria of Reimbursable Expenses.
In addition to the fee payable under the preceding clauses, the client will reimburse the architect towards
actual expenses, the following:
1. Return air fare or first class AC train fare for any visit made, by the architect and his professional staff
and first class train fare for non-professional staff to the site or such other place as may be necessary in
connection with the execution of work and in connection with the performance of duties referred to in
this agreement.
2. Actual lodging and boarding and local transport as per actual.
3. Cost of presentation models, if required.
Q2 (7) Define Comprehensive Architectural Services under the COA norms, with general conditions of
engagement of professional service agreement for such work.
OR
Q2 (17) Define the Scope of ‘Comprehensive Architecture Services’ under COA norms, with “general
conditions of engagement” for such services.
1. Standard scale of fees is for comprehensive services including pre-design study, architectural,
structural, electrical and plumbing designs, air conditioning, heating, acoustics and interiors, if
required, detailed architectural and engineering designs for all external services namely roads,
sewerage, drainage, water supply, street lighting, landscaping and graphic signage. To ensure
quality work, architects will be engaged only on comprehensive services and partial services should
be avoided.
2. The fee structure is based on tendered cost of total project including site development, civil and
electrical works, lifts, electric sub-stations, water towers, landscaping and interiors. Where whole
or part of the project is not executed, the fee will be on the cost calculated on prevailing rates. That
is, market rates or scheduled rates plus current tender percentage. The fee structure takes into
consideration any repetition in design work as well as total volume of work and no reduction will
be made on grounds of repetition or size of project. It will be expected that housing units are not
repeated more than a reasonable number of times, say 50 to l00 and repetition is also avoided in
other works to promote sound and acceptable environmental standards. The practice of
developing standard designs and planning them all over the country will be totally discouraged.
3. The services included in urban design will be pre-design study layout building volumes and form
and architectural controls. The fee shall be calculated on the estimated cost on prevailing rates.
When whole or part of the project is later taken up for comprehensive design, the prorata cost for
design will be adjusted in the fee payable.
4. Pre-design study shall include location and site analysis requirement analysis and environmental
impact assessment and shall form the brief for designing the project. The client shall provide all the
possible assistance and data for the study in case of complex projects like hospital projects where
considerable research is involved such research will be additionally paid for or other consultants
engaged for it. Demand survey and economic feasibility or market research studies will be
separately paid for.
5. The mode of payment and other terms and conditions shall be as indicated in the appended
standard letter of Appointment which shall constitute the Agreement between the client and the
Architect, Public Authorities or Architectural Film are strongly recommended to adopt the Letter of
Appointment.
6. It shall be the responsibility of the client to furnish accurate site survey details described below and
the architects shall be responsible for the time schedule only from the date such details are
furnished. If any infructuous work is involved on account of wrong survey, the architect shall be
additionally remunerated for it.
7. As part of the services, the architects shall, from time to time, certify that their drawings are being
correctly interpreted at site and the finishing is of acceptable quality and in case of adverse
certification the payments of the contractor shall be withheld until the defects have been rectified.
In case the architectural firm is required to verify and certify the bills of the contractors, additional
fee of 1.0 percent shall be payable.
8. The above scale of fees is the minimum payable for services listed under scope of work. Architects,
depending on complexity or detail, are free to quote higher fees. Quoting less fees and furnishing
partial or incomplete services would be detrimental to the project and not in the interest of the
client. The Government/Public Authorities have been advised that if an architect has been
accepting any public job (except those of social or philanthropic nature with intimation to the
Council of Architecture) on low fees, the firm may be declared ineligible for handling any public
works in future.