1. INTRODUCTION
Architecture is an art form that has the power to shape the world around us,
creating spaces that not only serve functional purposes but also inspire and
uplift our spirits. The process of bringing architectural visions to life involves a
complex interplay of design, construction, and collaboration. In recent years,
the emergence of design-build services has transformed the traditional
approach to project delivery, offering a dynamic and integrated solution that
brings together architects, engineers, and contractors under one cohesive
team.
Design-build services have emerged as a transformative approach in the
construction industry, revolutionizing the way projects are conceived, designed,
and constructed. This narrative explores the various aspects of design-build
services, including their definition, ethical concerns, legal requirements, and a
glimpse into the work of Filipino architects offering these services locally and
abroad.
2. Definition of Design-Build Services.
Design-build also known as design/construct, is a method of project delivery in
which one entity - the design-build team - works under a single contract with the
project owner to provide design and construction services. One contract and
unified flow of work from initial concept through completion or post construction.
Design-build is an alternative to traditional method or the design-bid-build where
in this approach, the owner manages only one contract with a single point of
responsibility; designer and contractor are on the same team, providing develop
the project's objective, cost, as well as construction schedule. Any changes are
addressed by the entire team, leading to collaborative problem-solving and
innovation, not excuses or blame-shifting.
The integration of design and construction within the framework of design-build
services collaborates that enables customization and innovation, which results in
less time and fewer materials being wasted at each stage of the project. The result
is often a smoother, better-quality deliverable, with no surprises, ultimately
resulting in higher customer satisfaction. Also, Architects work hand in hand with
construction professionals, allowing for a deeper understanding of the practical
implications of design decisions. Across the country and around the world, designbuild successfully delivers residential buildings, office buildings, schools, and
mixed used buildings. Moreover, design-build services represent a departure from
the conventional model of separate entities for design and construction. Instead,
architects and construction professionals collaborate closely from the initial
conceptualization to the final execution of a project. This collaborative and
integrated approach ensures that the architect's vision is seamlessly translated
into reality, with a keen eye for constructability, cost-effectiveness, and efficient
project delivery.
Design-build services offer numerous benefits to both clients and architects.
Clients benefit from a streamlined project delivery process that reduces potential
delays, better communication, and fewer issues or problems. The integrated
collaboration design-builders team results in more accurate project cost
estimations, and efficient and smooth project process. Furthermore, design-build
services empower architects to have greater control over the execution of their
design vision. By actively participating in the construction phase, architects can
ensure that their design intent is faithfully translated into the built form. This
involvement also enables architects to make timely adjustments or refinements as
the project progresses, ensuring that the final outcome meets the client's
expectations and design objectives.
3. Discuss issues and concerns when an architect offers Design-Build Services. Is
there ethical concerns in the practice of this service? If yes, discuss the ethical
concern. In what way this ethical concerns can be address?
When architects offer design-build services, several issues and ethical concerns
can arise. One primary concern is the potential conflict of interest. Architects must
prioritize the best interests of their clients throughout the project, but the dual role
of being the designer and contractor may create conflicts in decision-making and
impartiality.
However, the construction sector experiences many moral challenges connected
to behaviours that are comprised of bid shopping, unreliable contractors, lying,
claim games, conflicts of interest, payment games, threats, fraud, collusion and
professional negligence (Ho, 2011). Issues of ethics in the construction industry
sectors should be viewed as something of interest and as a result, it will assist to
dismiss the impression that issues like those are less important or disconnected
from the sector of construction.
Furthermore, unethical behavior can also impact the construction team and
subcontractors involved in the project. If the architect prioritizes personal gain over
fair treatment and payment to contractors and suppliers, it can lead to strained
relationships, disputes, and potential legal battles. This not only disrupts the
smooth execution of the project but also damages the overall morale and trust
within the construction industry. A study about perception of American construction
companies concerning corruption and unscrupulous business practices in
worldwide construction had been done by Azhar et al (2011) and they exposed
that that debasement and deceptive business practices have marginally
decreased in the last five years, due to taking after strict codes of morals by a few
major universal temporary workers. Meanwhile, in Pakistan Ehsan et al (2009)
deals with the ethical issues existing in the Pakistan construction sector through a
comprehensive research done through questionnaires, telephonic surveys and
interviews with different stakeholders. According to the research, there is no single
person in the industry of construction who had not faced some level of unethical
behaviour. Through undertaking work past ability 15 percent, pay off 20 percent,
bias 30 percent, uncalled for behaviour 30 percent, strict principles 18 percent and
superseding of review technique over contracting strategy 35 percent. Political
defilement and remuneration is being managed directly by various business
gatherings and expert social orders far and wide.
To address these ethical concerns, several measures can be implemented. Firstly,
architects and design-build firms should prioritize transparency and open
communication with clients, clearly outlining their roles, responsibilities, and
potential conflicts of interest. This ensures that clients are well-informed and can
make decisions based on complete information.
Secondly, professional organizations and regulatory bodies can play a crucial role
in establishing and enforcing ethical standards and codes of conduct specific to
design-build services. This includes providing guidelines on fair competition,
conflict resolution, and professional integrity. Regular audits and inspections can
be conducted to ensure compliance and maintain ethical standards within the
industry.
Education and training also play a vital role in addressing ethical concerns.
Architects should be equipped with the knowledge and skills to navigate ethical
dilemmas and make informed decisions. Continuous professional development
programs can provide opportunities for architects to enhance their understanding
of ethical practices and stay updated with the latest regulations and best practices.
Lastly, fostering a culture of accountability and ethical leadership is essential.
Design-build firms should establish a strong ethical framework that emphasizes
the importance of integrity, honesty, and fairness in all aspects of their work.
Ethical behavior should be encouraged and rewarded, while unethical practices
should be swiftly addressed and remedied.
By addressing ethical concerns in design-build services, architects and designbuild firms can not only enhance their professional reputation but also contribute
to the overall integrity, growth, and sustainability of the construction industry.
There are many reasons why professionals are involved in unethical practices. This may be due to
insufficient legislative enforcement, fierce competition, the economic downturn, insufficient
ethical education from schools and professional institutions, cultural changes and high complexity
of construction works. The Malaysian construction industry is no exception. Even though there
are guidelines and acts to guide the procurement process, ethical issues still arise in projects,
leading to lower project quality outcomes. In Malaysia, a number of high-profile public sector
projects are muddied by problems; the headquarters of the Malaysian External Trade
Development Corporation; delay in completion of school buildings; school computer labs; cracks
in 31 pillars of the Middle Road Ring Two (MRR2) projects; and most recently, the collapsed roof
of the Sultan Mizan Zainal Abidin Stadium in Terengganu (Board of Architects Malaysia, 2008).
4. What are the requirements under the law that requires an architect to practice
design-build services. Discuss extensively the requirements for design-build
services.
Categories of PCAB licenses
Standard – A license provided to local construction firms categorized as a sole
proprietorship, partnership, or corporation with a minimum of sixty percent (60%)
Filipino ownership.
(An interesting development has arisen regarding this requirement. In the case of
PCAB vs. Manila Water Company Inc., G.R. No. 217590 dated March 10, 2020,
the Supreme Court invalidated the nationality-based license types established by
PCAB in its Rules and Regulations. They ruled that Regular Licenses can be
granted to domestic corporations regardless of foreign equity ownership. In other
words, even a construction company fully owned by foreign entities can now obtain
a Regular License from PCAB. Additionally, construction companies with a
Regular License can adjust their ownership structure to increase foreign equity
participation without invalidating their license. It is important to note, however, that
PCAB has yet to implement this Supreme Court ruling, so the current situation still
upholds the 40% limitation for foreign ownership.)
Special – A license issued to a consortium, foreign contractor, joint venture, or
project owner exclusively for the construction of a specific project or undertaking.
(2). Special License: This license is granted to a consortium, foreign contractor, joint
venture, or project owner for the construction of a specific project or undertaking. It is not
a general license for ongoing construction activities but is specific to a particular project.
In case the Licensee is a foreign firm, the license authorization shall be further subject to
condition(s) as may have been imposed by the proper Philippine government authority in
the grant of the privilege for him to so engage in construction contracting in the Philippines.
Annual renewal shall be required for as long as the undertaking/project is in progress, but
shall be restricted to only as many times as necessary for completion of the same.
LICENSE VALIDITY:
a) Regular License
The Regular License is valid for one fiscal year, from July 1 to June 30 of the following
year, unless the Board suspends, invalidates, cancels, or revokes it earlier. Every year,
it must be renewed. A license that is granted after July 1st is still in effect for the remainder
of the fiscal year.
b) Special License
The Special License is automatically canceled by the Board following completion of the
project or undertaking for which it was granted. Since the license is only valid for that
specific project, it may be cancelled prior to the end of the fiscal year.
4. Using the Internet, research at least five (5) Filipino architects offering design-build
services both local and abroad. Provide the following information:
a. Name of Company/Location/Address
b. Brief background/profile of the company.
c. List of projects/type services and location.
(Note: Provide photos and other supporting documents/materials)
d. Other information.
Conclusion:
https://www.aplarchitects.ph/
https://amdarchitectsph.com/
Conclusion
Design-build services have redefined the construction landscape, offering an integrated
and collaborative approach that bridges the gap between design and construction.
However, ethical concerns, such as conflicts of interest and quality control, need to be
addressed to ensure the highest standards of professionalism and client satisfaction.
Compliance with legal requirements and adherence to professional codes of ethics further
contribute to the integrity of design-build services. Filipino architects, like Palafox
Associates, are actively engaged in providing design-build services, contributing to the
development of exceptional projects both within the Philippines and internationally. Their
work exemplifies the potential and impact of design-build services in shaping the built
environment.
Design-build services have revolutionized the construction industry by introducing a
cohesive and collaborative approach that connects the realms of design and construction.
However, it is imperative to address ethical concerns such as conflicts of interest and
quality control to uphold the utmost professionalism and meet client expectations.
Compliance with legal obligations and adherence to professional codes of ethics further
enhance the integrity of design-build services. Filipino architects, exemplified by firms like
Palafox Associates, actively participate in delivering design-build projects, making
significant contributions to exceptional developments both domestically and globally.
Their work serves as a testament to the transformative potential of design-build services
in shaping the built environment.
In conclusion, design-build services have emerged as a transformative approach in the
construction industry. It introduced a cohesive and collaborative approach that connects
the realms of design and construction. Design-build services offer numerous benefits,
including streamlined communication, enhanced efficiency, and the ability to adapt to
evolving project needs. It is imperative to acknowledge and tackle ethical issues that arise
in the implementation of design-build services, including conflicts of interest and
preserving design integrity throughout the construction process. Upholding professional
integrity, fostering transparency, and adhering to established ethical standards play a
pivotal role in maintaining the utmost professionalism and ensuring client satisfaction.
Similarly, adherence to legal requirements is of utmost importance for architects engaged
in design-build services. Gaining a comprehensive understanding of the specific
regulations, licensing procedures, and qualification criteria established by governing
bodies enables architects to navigate the legal framework effectively and safeguard the
integrity of their work. Overall, design-build services offer a collaborative and efficient
approach to construction, promoting seamless integration between design and execution.
By addressing ethical concerns, complying with legal requirements, and leveraging the
expertise of architects, engineers, and contractors, design-build services have the
potential to revolutionize the construction industry and shape a built environment that
meets the needs and aspirations of society.
REFERENCES:
https://www.dbiarockymountain.org/what_is_design_build.php#:~:text=Design%2Dbuild
%20is%20a%20method,from%20initial%20concept%20through%20completion.
a) Duly accomplished application form as prescribed by the Board;
b) ORGANIZATION
ba) List of corporate directors and officers/partners (for Corporation/Partnership only);
bb) List of stockholders/partners and their respective equity holdings in the applicant firm
(for Corporation/Partnership only);
bc) Certificate of Registration with the Bureau of Domestic Trade (for sole proprietorship
only);
bd) Certificate of Registration with the Securities and Exchange Commission and Articles
of Incorporation and By-Laws (for corporation/partnership only);
be) SSS Certificate of Membership of the Company;
bf) Nomination of Authorize Managing Officer;
bg) Curriculum Vitae of Authorized Managing Officer/Proprietor;
c) FINANCIAL
ca) Latest audited financial statements signed on each and every page by a Certified
Public Accountant and properly stamped-received by the Bureau of Internal Revenue;
cb) Supplementary schedules of the latest audited financial statements of the applicant
for the immediately preceding taxable year, except incase of newly formed corporation or
partnership;
cc) Income Tax Return of the applicant for the immediately preceding taxable year
properly stamped-received by BIR and the official receipt covering income tax paid,
except in case of a newly formed Corporation/Partnership;
cd) Authorization to depository bank to release information to PCAB;
ce) Bank Statement of Account for the last month of the immediately preceding taxable
year certified by the Bank Manager;
cf) Transfer Certificate of Title, tax declaration, latest official receipt covering payment of
realty tax of land and other real properties owned by the firm;
d) EQUIPMENT CAPACITY
da) List of equipment currently owned;
db) Deed of Sale or Invoice with complete address of vendor or official receipt issued by
the vendor covering the equipment currently owned;
dc) Certificate of registration with current official receipt of BLT registration fees paid
covering transportation and delivery equipment owned by the firm;
e) EXPERIENCE OF SUSTAINING TECHNICAL EMPLOYEES
ea) List of technical personnel employed by the company;
eb) Affidavit of Sustaining Technical Employee(s);
ec) Curriculum vitae of Sustaining Technical Employee(s); and
ed) SSS Form R-1 to include the name of the Nominated Technical Employee(s).
The Board may require the submission of pertinent documents/information other than the
above in order to fully determine the qualifications of an applicant.
Sec. 4.6 Special License Application Documents
An application for a Special License shall comprise, on a case to case basis, of the
following:
a) A Joint Venture of all Filipino Partners
aa) Application properly accomplished on form as prescribed by the Board;
ab) Joint venture Agreement;
ac) Joint resolution of all partners authorizing one among them to act in their behalf;
ad) Identification of the project by title, owner and location; and
ae) "Invitation to Bidders", "Instruction to Bidders", or "Notice to Bidders" published in
newspapers or disseminated by the tendering agency showing the deadline for Prequalification and the date of bidding.
b) A Joint Venture of Filipino and Foreign Partners
ba) All documents required for Case (a); and
bb) Special License of each foreign partner, applicable to the joint venture.
c) A Consortium of All Filipino Partners
ca) Application properly accomplished on forms as prescribed by the Board;
cb) Consortium agreement;
cc) Joint resolution of all partners authorizing a constructor among them to act in their
behalf;
cd) Of each non-constructor partner,
i. Bureau of Domestic Trade or Securities and Exchange Commission Registration
Certificate, whichever is applicable;
ii. Articles of Partnership/Incorporation;
iii. List of officers and directors and their respective equity in the firm;
iv. List of stockholders who each holds twenty percent (20%) or more equity in the firm;
v. Certification by the firm's secretary of Filipino equity percentage in the firm; and
vi. Latest audited financial statements and Income Tax Return submitted to the Bureau
Of Internal Revenue;
ce) Identification of the project by title, owner and location; and
cf) "Invitation to Bidders", "Instruction to Bidders", or "Notice to Bidders" published in
newspapers or disseminated by the tendering agency showing the deadline for Prequalification and the date of bidding.
d) A Consortium of Filipino and Foreign Partners
da) All documents required for Case ©, except:
i. That the constructor referred to in Item (cc) shall be a Filipino, and
ii. That Item (cd) shall not apply to foreign non-constructor partner(s);
db) Special License of each foreign constructor partner, applicable to the consortium; and
i. Authorization by the proper Philippine government authority to participate in the
consortium, and
ii. Company brochure and latest audited financial statements duly authenticated by the
embassy of the partner’s country.
e) A foreign Constructor
ea) Application properly accomplished on form as prescribed by the Board;
eb) General Information Sheet;
ec) Board Resolution authorizing its Resident Alien Representative in the Philippines to
act for and in behalf of the company. The Board Resolution must define the scope and/or
limitations of the powers of the Resident Alien Representative:
ed) Board Resolution appointing and authorizing the Filipino Resident Agent to accept
summons and other legal process in behalf of the applicant;
ee) Copy of Contractors License/Permit/Authority issued by the appropriate government
agency in the home country of the applicant foreign contractor, if required by the home
government;
ef) Certification from the appropriate Tendering Agency (Ministry, Bureau, Office) that the
project is foreign financed/ internationally-funded and that international bidding is allowed
under the Bilateral Agreement entered into by and between the Philippine Government
and the foreign/International Financing Institution;
eg) Certificate issued by the Board of Investments allowing the foreign contractor to
undertake construction project in the Philippines;
eh) Copy of "Invitation to Bid" or "Instruction to Bidders" or "Notice to Bidders" showing
the date of bidding;
ei) List of completed construction project(s) in the Philippines undertaken by the company
during the last three (3) years showing the following: Title of Projects, Location, Tendering
Agency (DPWH, MWSS, NIA, etc.) Lending Institution (IBRD, ADB, OECF), Date contract
was signed, Date of completion, Loan Agreement No.;
ej) List on-going construction project(s) in the Philippines being undertaken by the
company showing the following: Title of Project, Location, tendering Agency, Lending
Institution, Date Contract was signed, scheduled date of completion. Loan Agreement
No.;
ek) Audited Financial Statements during the preceding year; and
el) Philippine Income Tax Return during the preceding year, if applicable.
f) A Project Owner
fa) All documents required in Sec. 4.5 hereof;
fb) identification of the project by title owned and location.