week 4 case study 2

Case Study Discussion 2 Discussion

As the architect you cannot be held responsible for the situation because when you designed the building it was in accordance with the then current Australian Standards for glazing. It is then not your responsibility to update aspects of the building as the standards change over the years; that is the responsibility of the building owner. The school can be held liable for operating a building that is not up to Australian health and safety standards; they are responsible for making sure the environment is safe for the children and staff. To prevent this situation the school could endevour to put in place regular checks of the building by qualified specialists of this field to ensure that standards that the building may have met when built have not changed.  

3.01 professional development

case study discussions written up so far :
it says on the sheet 'inhouse discussions- specifically case studies" so i have just gone through and done the case studies so far - if anyone wants to change anyyything or add to or add other discussions you can remember please add. i dont think this part is that important though, just ticking boxes  - so just pumping it out..... ill do a proof read at the end.

The Office Manual:

3.02 Professional Development

Week 1:

Case Study 1 Discussion

Despite the compromising situation that Boyte&sons is currently in; we make an executive decision to turn down the seven million dollar proposal to be involved in a Coal seam Gas master plan on reclaimed land in the heart of the Looker Valley. This project strongly opposes the company’s reparable environmental stance on sustainable design and our manager’s personal involvement in environmental movement and demonstrations against polluting companies. The Coal Seam gas Job proposal challenges the social, cultural and ethical beliefs, invested in the company’s foundations. By disregarding years of sustainable design initiative Boyte&sons puts at stake its current and future clients respect and loyalty. The individual situations of the company staff and managers will have to be sacrificed for a strong belief in social and environmental injustice. Ultimately, accepting the project would destroy the future of the firm’s reputation and job opportunities through negative media publicity and loss of respect from fellow designers and clients.

Case Study 2 Discussion

The company and individuals disagree with the retail companies practice involvements with the international ‘sweat shops’ and are reluctant to do work for this company based on these moral disagreements. However, the Boyte&sons feels that the relationship between ourselves and the retail company is removed from the issues surrounding their unethical practice and that the design opportunity is still worth investing in. By designing the shops for this retail company; Boyte&sons is not condoning the unethical behaviour they are simply providing a professional service which showcases and enforces their reparable standards of retail design. We are confident that although there is some media surrounding the sweat shop dispute; that Boyte&sons will not be held responsible for any involvement in the act as it unrelated to the services and values of the company.

  

Week 2:  

Case Study 1 Discussion

You do not tell your loyal client that you are about to leave the company you currently work for. If you do this it may appear to your manager, who has been supportive in your decision to leave and been open to working together in the future; that you are attempting to poach clients of his business. This would prove disloyal to the company you have worked with for seven years and possibly change your managers mind towards his enthusiasm to participate in joint ventures in the future. It is important that you end on good terms with your manager because he is who people will go to who are wanting to find out about you personally. The client who you have done large amount of work for and got to know well during your time at the company will make a decision to follow you if that is what he wishes to do. Then it remains the clients decision and does not appear to your boss that you have persuaded him to no longer require the current businesses services. If you have left on good terms with your boss and the client then decides to follow you on his own accord it is likely that your boss will be gracious and even supportive in accepting the clients decision.  

Case Study 2 Discussion

Week 3:

Case Study 1 Discussion

It is likely that you are oblivious to the fact that these Friday meetings are making the staff member and any other staff members feel this way and are concerned at the notice that it is effecting the workplace culture. You genuinely proposed the invitation to every staff member equally but it is natural for some people to get along more easily than others if they have more in common therefore the workplace friendship with these two staff members has developed and is now causing issues in the office. You highly value the importance of a positive and comfortable workplace culture and believe hat it is imperative for enhanced productivity. You casually address the issue that has been brought to your attention during the next staff meeting enforcing that you are intent on doing something to resurrect the feeling of workplace equity among all staff members. You propose that a range of activities will take place outside the office instead of the same Friday drinks event every week and the office will undergo some team building exercises over the next few weeks and then once every month to ensure the workplace dynamic is comfortable and effective for all involved.

Week 4:

Case Study 1 Discussion

You are a registered architect and have BSA approval to undertake pre-purchase inspections; therefore to an extent, by accepting the responsibility to undertake the pre-purchase inspection you are significantly liable for the dodgy inspection certification. It is understood that very few PI insurers consider pre- purchase inspections part of an architect’s normal activities, so you are unlikely to be covered unless your broker or insurer confirms that you are. Secondly you completed a pre-purchase certification without sufficient information which is absolutely not recommended. Ultimately this act would be considered a “tort- civil wrong” and you could be accused by your friend for liability for negligence. You exercised actionable carelessness in undertaking the task and should have referred the friend to a readily accessible specialist in this field.

Project file Index

http://www.tarrantcounty.com/efacilities/lib/efacilities/DesignConstructionIndex.pdf

Here is an example of a project file index. I think we could make a better more relevant one ourself though, but its a good base

Company Profile Statement

Boyte and Sons was established in 2011 and is widely recognised as being at the leading edge of contemporary Australian architecture and design. The studio was founded on the philosophy of delivering meaningful and delightful design, embracing principles of sustainability, functionality and purpose to realise this. Directed by multi-award winning Interior Designer Charlotte Boyte, who, collaborating with a dedicated team of architects, technical staff and consultants, leads an excelling collaborative team to realise and deliver a range of exciting and challenging projects. Through the direction of Charlotte and company associates, B&S Architects have encompassed a broad spectrum of works, including projects in the retail, commercial, institutional and government sectors. Our studio is located at number 2 George St, Brisbane, QLD 4000

Fee Calculation

Not sure how well this will read, but this is how we are to calculate our fees.

Workers Compensation Insurance

Just realised that I had already go the information for most of the required insurance types so far, accept Workers Compensation Insurance. This is once again information that I have obtained directly off the Acumen website;

• In all states and territories uit is compulsory at law for an employer to effect workers' compensation insurance. Policies are related to the ast, which applies in each state or territory, and in addition, protect the emplyer against common law claims brought about by the employees and / or their dependants.


• The range of benifits differ fronm state to statem, but, broadly, the policy can provide a lump sum payment for death, perminent disability, loss of use of limbs, etc. Weekly compensation and payment of medical expenses. Cover is priovided whilst the employee is at their place of work, or anywhere in Australia whilst engaged in occupational duties.


• However, should an employee who is resident, say in South Australia, meet with an accident whilst working in NSW, he of she could elect to claim under the NSW's act, and probably would if the benifits were greater. It is recommended that practices with employees who travel intersate refer to their workers compensation insurer, to arrange cover for those employees interstate.


• Where a practice has employees working interstate, it is advisable to effect a minimum premium policy for each appolicable state.

Meeting Minutes

In regards to meeting minutes, I will take do the minutes for this weeks tutorial, as well as lat weeks. I am not sure who would prefer to do any other weeks, but you guys can work that out when you like. Sam I did notice that you took notes in week one, so that might work well if you do week 1. I think we will have to do Up to 4 weeks each. Will post the rest of the Insurances information up now. This is in regards to;

• 2.08 Public Liability Insurance


• 2.09 Professional Indemnity Insurance


• 2.10 Workers Compensation Insurance

logo option 2

Logo Revision 2

One person may also be able to work on the logo and little more, make it a littler more professional and with the actual name of our company in full. This logo will also be going on all the headers and footers for when it comes to doing that task.

Tasks for Week 5

Listed below are the required tasks for next weeks tute. I don't think that it is required that we should need to meet up at any stage before next week. I will take care of the last 4 tasks as they all sort of tie into each other. If between you guys we can pull together a standard header and footer that goes onto all our documents (this letter) that we can use for the rest of semester, as well as the letter to the client that would be great.

• Fee Proposal + Scope of Service: Using the templates and readings provided in this handout and on Blackboard, write a letter to the client responding to their invitation to provide full consultancy services for their proposed office accommodation. Assume that your practice will be the primary consultant and that you will require the assistance of other professionals. This letter will include a fee proposal [indicating appropriate fee structure] and scope of services.
• Discuss and start researching your Practice’s requirements for Public Liability Insurance.
• Provide information on the cover required to insure your practice against potential claims.
• Discuss and start researching your Practice’s requirements for Professional Indemnity Insurance. Provide information on the cover required to insure your practice members against potential claims.
• Discuss and start researching your Practice’s requirements for Workers Compensation Insurance. Provide information on the cover required to insure your practice members against potential claims

If anyone knows of anything else that we should be getting on top of, please post on this wall.

NOTE: As this is not an email, there are no notifications telling you that there is a new post, be sure to check it daily. If not, then we may be better off going back to emails, and we can just use this blog to post up any of the tasks that they require to see during each tutorial

Logo

General Practice Insurance

General Practice Insurances

• Fire
• Loss of profits
• Burglary and larceny
• Electronic equipment
• Motor vehicles
• Worker's compensation
• Fidelity guarantee
• Travel

Professional Indemity

Under a professional indemnity policy the practice is indemnified against claims for legal liability arising from breach of professional duty owed in contract or otherwise, due to a negligent act, error or omission. Legal defence costs incurred with the consent of the insurer are also covered.

A practice may be held directly responsible for its own actions and those of its employees, agents or subconsultants and joint venture partners.

Insurance taken out by a professional practice against the risk of paying for claims arising from breach of professional duty by reason of negligence or other specified causes. The insurance in any particular case depends on the policy and is usually wide enough to embrace (1) acts of employees as well as principals where the employees act in the course of their employment, (2) duty in contract, to clients, and (3) duty in tort, to others. Cover is provided for the ususal activities of particular classes of practices.

Public Liability

This insurance, also called ‘public risk’ insurance, is insurance against a person’s liabilities in tort, arising out of the person’s occupation, activities, ownership of premises and use of premises. It indemnifies the practice against all sums for which the practice becomes legally liable to pay damages in respect of:

• accidental bodily injury to persons
• accidental loss or damage to property happening in connection with the conduct of the business and/or ownership of premises.

Claims, arising out of a breach of the duty owed in the professional capacity of the practice and its agents, are excluded.

Available extensions under the policy are: indemnity of principals, indemnity of directors and executives, cross liabilities (where the policy is in joint names), property owner’s liability, tenancy liability, carpark liability and social activities.

Directors Insurance

• Personal accident and illness
• Disability insurance
• Key man
• Director's liability

Obtaining insurance advice

An architect should never claim to be an expert in insurance. Informed advice on insurance matters can be readily obtained from:

• an insurance company directly. Sales representatives can only speak for their own companies and it therefore usually pays to consult more than one company before making decisions
• an insurance broker, who can advise on what the broader market has to offer. A broker acting as agent for a person needing insurance can arrange a contract of insurance between that person and a suitable company or companies. The broker should also be covered by professional indemnity insurance in case his or her advice proves to be negligent.

Architect's Professional Risk Services is an insurance broker able to give specialised advice to architects on a variety of insurance needs and can also obtain quotes and arrange insurances.

Making a claim

Certain steps are always essential where a claim is likely to be made under an insurance policy:

• the insured must take reasonable precautions to prevent further loss or damage
• if an unlawful act is suspected, e.g. burglary, vandalism or criminal activity, the police must be notified promptly
• the insurance broker or insurer must be notified as soon as possible.

Boyte & Sons Architects Pty. Ltd.

Forming the company.

Decide on a Practice Name, and design a Practice Logo to suit;

Boyte & Sons Architects Pty. Ltd

- Logo Submissions will be added to blog at a later date

Define the structure of your Practice;

The structure we chose to base our company by was as a company, see following for detail;

Some partnerships are formed under the auspices of a company. The largest design firms are incorporated companies and, in law, these companies have an identity separate from those individuals who form the company. In separating company and individual identities, companies are able to organise their affairs so that liability for debts incurred by the company can be shifted way from the individuals. For this reason, companies are more closely regulated than other structures and by law, must present statements to corporate affairs annually.

Companies can be more continuous as interests can be bought and sold, and profits can be shared according to proportion of ownership. The keeping of records is more complex and companies have less privacy, since corporate affairs is a public utility. Companies are expensive to organise and maintain, because of the necessity and complexity of record keeping.

Companies can generally raise more capital than sole traders or partnerships, and offer some protection from liability. In a company where proprietorship is limited [recognised by Pty. Ltd on company names], the right to buy and sell shares is restricted as the name implies. Those companies with Ltd affixed to their names are public companies and are subject to more scrutiny.

Define the type and size of work you do and any other pursuits you undertake;

Small scale developments -

• High end residential
  
• Low to medium scale commercial developments
  
• Low to medium scale multi-res developments

Define the type of client that you work with;

• Small scale developers
• Personal project (residential)
• Clients with like minded philosophies (sustainable beliefs)

Define the staff that you have and their capabilities in relation to the work you do; and Outline the quality assurance measures that you have in place, including appropriate insurances.

• 12 Staff total
• 3 Registered Architects
• 1 Interior Designers
• 1 Cad Manager
• 2 Student Architects
• 1 Student Interior Designer
• 4 Undergraduate Architects

Insurance notes to be added at a later date.

Starting the Company

Hey all,

Hardie sorry I missed the Thursday night meet, I only just read the blog then.

Good start I think on getting the ball rolling, I would be happy to meet on the Monday night to finalise the work required for Tuesday.

I was just reading some of the suggested readings and the Acumen website has a lot of info on starting companies, stuff that I think would be very relevant to our process - it can be found here http://acumen.architecture.com.au/apps/notes/view/53

Have a look around on that website, Hardie I noticed there was a section on insurance there that might help.

As far as a name goes, I think the suffix of 'architects' or 'design' is a good start as it lets everyone know what we are about, I think if 'design' is used then that can cover Char as well coming from Interiors. We should also decide if we want to be a 'propriety limited' company, that may affect the direction and shape of the business though - all up for discussion.


Just some ideas on name, if we take the first letter of all of our first names we could be SCAM Design Pty. Ltd. - doesnt have a very good ring to it though.

Anyway post away guys,

Cheers

Delegation of tasks:

Due to Sam and Matt being sick, Charlotte and I will be taking a little bit more action over this week to get us up to scratch. If we can meet on Monday night very briefly, then we should be able to bring in a reasonable amount of information about our up and coming firm.

In the mean while, I think if everyone can begin to think up some possible names for our business. If we can choose a smart name for our firm then we can being to think up a logo. I think it is something that should be done in unison. So while thinking of possible names think also of the logo that could go with it, and how we can stich the two together to produce a quality professional looking front to our business.

I am going to take on the task of looking at small business insurance, and research into what kind of protection a new firm usually gets. I am not sure how in depth we need to go, but I am sure I can dig up a lot of helpful information.

In regards to the following tasks;

• Define the structure of your Practice;
• Define the type and size of work you do and any other pursuits you undertake;
• Define the type of client that you work with;
• Define the staff that you have and their capabilities in relation to the work you do;

I am not too sure what they are looking for here, so we will use our group meeting on Monday to go over what we will provide, as these tasks will require the opinion and point of view of each of us, specially;

• Define the staff that you have and their capabilities in relation to the work you do;

Everyone please feel free to jump in with any suggestions, but I think if we can keep on top of the workload with this subject, it will make it much easier as the semester goes on.

First Tasks

Week 3 Required Tasks

We were given a number of tasks in lasts nights tutorial, If we can have all these done by next week then we will be well on track. As much of a pain as it is going to be I think that it will be worth having a group meeting to get all this stuff resolved in the quickest time possible, there was no time provided in the tutorial to do these things anyway. Can everyone meet up on Thursday night? Around 6:00pm to 6:30pm. Is everyone happy to meet then?

For Project 1, you are required to create an Office Manual, and to present components of it in a Client Meeting. Refer to the Project 1 Handout, for more details.

You are required to conduct an Office Meeting, where you are required to discuss [according to an ‘agenda’] and record the following information in formal ‘minutes’ of the meeting:

Decide on a Practice Name, and design a Practice Logo to suit;

Define the structure of your Practice;

Define the type and size of work you do and any other pursuits you undertake;

Define the type of client that you work with;

Define the staff that you have and their capabilities in relation to the work you do; and

Outline the quality assurance measures that you have in place, including appropriate insurances.

Note: All work must be completed prior to the Week 4 Tutorial, and added to Parts 1 + 2 of the Office Manual, which you are expected to bring to the Tutorials, each week.