Architecture & Design – July-September 2019

InternatIonal fIndIngs

International jurisdictions and authorities have

recognised the dangers of the market failures

identified previously, and have developed, to

varying degrees, means for solving them.

1. The United States National Council of
   Architects Registration Boards (NCARB)
   discusses these issues in the publication
   Guidelines and Model Law/ Model
   Regulations. Guideline V11 states: “VII.
   Requiring that an architect be engaged
   during the construction of a project
   A. An owner who proceeds to have
   constructed a project having as its
   principal purpose human occupancy
   or habitation and not exempted under
   Section VI shall be deemed to be engaged
   himself/herself in the practice of
   architecture unless he/she has employed
   an architect to perform at least minimum
   construction contract administration
   services, including (i) periodic site
   visits, (ii) shop drawing review, and
   (iii) reporting to the owner and building
   official any violations of codes or
   substantial deviations from the contract
   documents which the architect observed.
   B. It shall be the project design architect’s
   obligation to report to the state board
   and to the building official if he/she is
   not engaged to provide construction

contract administration services

described in Paragraph A.”

2. In the United Kingdom, the Royal Institute
   of British Architects’ Statement on Design
   for Fire Safety, which was commissioned as
   a consequence of the Grenfell Tower disaster,
   identified the following concerns about the
   procurement regime for buildings in the UK:
   “Developments in building procurement
   approaches which mean that the Lead
   Designer (architect or engineer) is
   no longer responsible for oversight
   of the design and the specification of
   materials and products from inception
   to completion of the project, with design
   responsibility often transferred to the
   contractor and sub-contractors, and no
   single point of responsibility.”
   “The virtual disappearance of the role
   of the clerk of works or site architect
   and the loss of independent oversight
   of construction and workmanship on
   behalf of the client.”

ProPosed legIslatIve reform

The market failures described earlier can only

be overcome by statutory controls, requiring

continuous accountability for design, technical

documentation and inspection through the

building process from inception to completion

• similar to the principle of “continuity of care”
  espoused by certain health professions.
  Hence, it is suggested that the simplest and
  most effective way for Australian jurisdictions
  to address this market failure is to modify
  existing legislation; namely, to ensure that
  when a project involves the construction of
  Class 2, 3, 5 and 9 buildings, that an architect
  of account be appointed to provide a full design,
  technical working documentation and contract
  administration services.
  The architect’s responsibilities should
  include (i) periodic site visits, (ii) shop
  drawing review, and (iii) reporting any
  violations of codes or substantial deviations
  from the contract documents to the owner
  and the relevant authority.

Cost of reform

The proposed reform would not generate

any discernible additional cost to the

construction industry. Design, technical

working documentation, contract administration

and inspection services are already inherent

components of the cost of a building, and the

financial benefits of avoiding construction

accidents contribute to a compelling argument.

It is probable that the cost of engaging a single,

competitively appointed, professionally qualified

provider would be less costly than contracting a

series of disparate service providers.

The proposed reform

would not generate any

discernible additional cost to

the construction industry.

Architecture & design /

PlaCes

/ jul-sep 2019

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