Advice and Assistance Obligation
What does an architect's obligation to provide advice and assistance for a client entail?
The architect has an obligation to provide advice and assistance to the client. The scope of the architect's advice and assistance obligation depends on the client's knowledge and competencies in relation to the construction of the building for which the architect is engaged.
Technical and Architectural Assistance
Assisting the client with purely technical and architectural aspects of the construction project is central to the architect's advice and assistance obligation. This part of the advice and assistance obligation follows on directly from the compulsory construction assistance provided when drawing up plans and therefore falls within the architect's monopoly.
Legal and regulatory provisions
The architect is aware of the legal and regulatory provisions applicable to the construction and layout of the building.
The architect has a regulatory obligation to assist in the selection of a contractor.
He can help obtain and compare quotes, account taken of the expertise and references of the contractors and your finances.
Technical solutions and methods of execution
The architect must also advise the client on potential technical solutions and the methods of execution that can be applied. If a method proposed by the client or contractor is contrary to best practices, the architect must point this out.
Choice of materials
The architect must also assist the client in the choice of materials. As a result of his professional expertise, the architect is expected to specify materials in his specifications (bill of quantities) that are suitable for their intended use. In this respect, the architect is subject not only to a disclosure obligation, but also to an obligation to give warning. If the use of a particular material gives rise to an objection, the architect must alert the client.
Budgetary Assistance
The Code of Professional Conduct and Practice obliges the architect to provide budgetary assistance to the client. A part of this obligation is for the architect, during the preliminary design phase, to ascertain the financial capabilities of the client and the financial feasibility of the construction project. In this phase it is advisable for the architect to provide an initial approximation of the cost of the works. Finally, the architect must produce the preliminary design in such a way that it stays within the limits of the initial, provisionally estimated amount.
Assistance on Completion
The Code of Professional Conduct and Practice obliges the architect to assist the client in provisional and final completion with the contractor(s).
Legal Assistance
As regards legal advice, the architect can only be expected to advise the client on matters within his professional know-how.
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