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Ethics

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Ethics – If you are an Architect and a developer approaches you to quote your fee for a project where
there is already an Architect appointed, can you offer your service?
11.—(1) An architect shall at all times, with due regard to the interest of his client, act honourably
towards other architects.
(2) An architect shall not supplant or attempt to supplant another architect.
(4) If an architect, on being approached or instructed by or on behalf of any person to act as the
architect or builder or both in any project, knows, or can ascertain by reasonable inquiry, that another
architect is or has been engaged to act as the architect or builder or both in the same project, he shall
notify the other architect or the Board before he accepts the engagement or commission.
[S 669/2003 wef 01/01/2004]
(5) An architect must not accept a commission or engagement to render architectural services for a
client in relation to a project if —
(a) another architect was previously engaged by the client in relation to the project;
(b) the other architect or the client terminated the contract for service in relation to the project;
and
(c) a claim for fees for architectural services rendered by the other architect to the client is not
wholly satisfied.
Partial Service – If you are engaged for partial service which excludes contract administration, does
that mean you do not need to visit the site during construction?
No, still have to visit site, as statutory duties remain unchanged. Non-nego; make sure your scope
defines which part of the design you are responsible for, factor into fee time needed for site visits and
inspections to ensure compliance.
Non-compliant work on site - You are the QP for a project but not the contract administrator. You
discover non-compliant work on site. Can you issue an Architect's Instruction to have it remedied?
A QP who is not the contract admin does not have the contractual power to instruct the
Contractor, unless you are the Architect QP.
A project can have multiple QPs – architect, PE for struct, PE for lighting protection, PE for ACMV, PE
for specialist, PE for temp works,
Additional Service - What is the difference between a witness of fact and an expert witness?
An expert witness testifies because he or she has knowledge, skill,
experience, training, or education, and has expertise that may be meaningful
to a party in attempting to prove its side of the case. The expert is not called
to testify because of prior involvement in activities that precipitated the
litigation. An expert witness testifies voluntarily by agreement with one of
the parties or the court.
expert witness may provide an opinion.
Fact witnesses must limit their testimony to facts in regard to evidence they
may have observed or been involved.
Liability - What is vicarious liability?
Vicarious liability is where one person is held liable for the torts (a wrongful act or an
infringement of a right (other than under contract) leading to legal liability) of another, even
though that person did not commit the act itself.
Works to be done after TOP - Under the Architects Act, Architects (Professional Conduct and Ethics)
Rules, an Architect is obliged to report any contravention to the competent authority.
What would you do if your client asks you to make provision for works which he intends to do after
TOP?
TOP and Completion Cert - Should obtaining TOP be a condition precedent for the issuance of the
Completion Certificate?
Depends
, You must apply for a Certificate of Statutory Completion (CSC) from the BCA. The building
plans for the works must also have already been approved. If all the requirements for CSC
cannot be met, you may first apply for a Temporary Occupation Permit (TOP) to occupy the
building or part thereof provided that the pre-requisites for TOP can be complied with.
QP duties - As a QP for a project, if you are going on leave, can you delegate to another QP within
your practice to sign and submit plans for your project on your behalf while you are away?
No, signing and submission cannot be delegated.
Regulation of the profession - What is the difference between SIA and BOA?
Singapore Institute of Architects - The Singapore Institute of Architects is a professional organization
established in 1963 with the objective to promote the architectural profession and the built
environment in Singapore.
To study and/or promote the art, science and practice of architecture and the consideration and
discussion of all questions relating to or affecting the profession of architecture;
Board of Architects - The Board of Architects is the statutory authority established to administer the
Architects Act in Singapore. The Architects Act 1991 sets out provisions to provide for the registration
of architects, the regulation of architectural qualifications, the practice of architecture by registered
individuals and the supply of architectural services by corporations.
The main functions provided by the Board under the Architects Act 1991 are:
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to keep and maintain a register of architects, a register of practitioners and a register of
licensees and other registers as mentioned in Section 8(1);
to hold or arrange for the holding of such examinations as the Board considers necessary for
the purpose of enabling persons to qualify for registration under this Act;
to establish, maintain and develop standards of professional conduct and ethics of the
architectural profession;
to promote learning and education in connection with architecture and practice of architecture,
either alone or in conjunction with any other professional body;
to hear and determine disputes relating to professional conduct or ethics of registered
architects or to appoint a committee or arbitrator to hear and determine those disputes;
to appoint arbitrators for the purpose of hearing and determining disputes between registered
architects or licensed corporations, partnerships or limited liability partnerships and other
persons;
to license corporations or multi-discipline partnerships or limited liability partnerships which
intend to supply architectural services in Singapore;
to facilitate the mutual recognition, within Singapore and any other country or territory outside
of Singapore, of the qualifications and standards regarding the practice of architecture; and
generally to do all such acts, matters and things as are necessary to be carried out under the
provisions of this Act.
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