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38 Cards in this Set
- Front
- Back
- 3rd side (hint)
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What is a professional? |
QUEST: Qualifications, Ethics, Skills/ Trust
A professional person offers a service that is based on skilled technique and competency and is governed by an agreed code of conduct. |
QUEST |
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What is the difference between a landscape architect & a landscape contractor? |
Landscape Architect = Professional (QUEST. Special relationship reinforced by trust,backed by a Code of Conduct. 1. Appropriate behaviour 2. Do their best for the client 3. Respect the public Landscape Contractor = Potentially commercial priorities, no governing charter / code of conduct |
QUEST + 3 Items |
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Is there an advantage in employing a professionally qualified landscape architect? |
1. Skilled and professional person 2. Responsible agent 3. Impartial professional 4. Governed by a Code of Conduct |
4 |
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What is the purpose of a professional institute? |
Protects the status and integrity of its membership and govern its members |
SIG |
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What are the objects of the landscape institute? |
Royal Charter: ‘To protect, conserve and enhance the natural and built environment for the benefit of the public’ |
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How does being a professional affect the public’s enjoyment of your work? |
Standard 1 of the Code of Conduct: ‘to have regard to the interest of those who may be reasonably expected to use or enjoy the products of their work’
Royal Charter: ‘To protect, conserve and enhance the natural and built environment for the benefit of the public’
Consideration to the end user is intrinsic to all projects. |
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Why is the royal charter important to landscape architects? |
1. Defines and protects the professional title of Landscape Architect; only members / fellows can use the titles CMLI /FLI
2. Only registered practices can use the title ‘Chartered Landscape Architects’
3. Makes us statutory consultees of the Government for landscape issues |
3 |
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How are landscape architects obliged to conduct themselves? |
That of a skilled professional person - In accordance with the Code of Conduct; Standard 5 ‘act with integrity’, Standard 9 ‘perform work with due skill, care and diligence’ That of a reasonable agent That of an impartial professional – Standard 9 Obligations beyond the UK: European Landscape Convention ‘protect, manage and plan to retain Europe’s local landscapes |
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Why do we have a code of conduct? |
1. Protects the interests of the clients and of the profession
2. Maintains the status of the profession in the eyes of society
3. Protects the public and profession |
3 |
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What moral obligations do LA’s have in their lives? |
To act in accordance with the Royal Charter and the Code of Conduct such as:
Standard 1: have regard to the interest of the end user
Standard 5: act with integrity
Standard 11:manage personal and professional finances prudently |
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Why is CPD important & how would it benefit a practice? |
Why is it important? 1. CPD is required as part of the Code of Conduct 2. The objects of the LI state that ‘CPD is essential to the maintenance of a high standard of professional qualification and the promotion of the highest standard of professional service’
How does it benefit a practice? 1. Ensures Improved efficiency and consistency 2. A well managedand up-to-date office is less likely to experience claims. A well educated office is more likely to be more innovative with the backup of technical know-how |
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What are the responsibilities / duties of a landscape architect? |
1. A skilled professional person (act in accordance of the C of C and give sound advice)
2. A responsible agent
3. An impartial professional (quasi-arbiter)
4. Legal knowledge and compliance (ignorance is no excuse!) |
4 |
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Who do you owe those responsibilities to? |
1. A skilled professional person: your profession, colleagues, clients, other professionals and the public /end user
2. A responsible agent – the client
3. A impartial professional / quasi-arbitrator – to the parties of the contract that you are administering
4. Legal knowledge and compliance – Code of Conduct |
4 |
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What are the main ways of setting up in private practice? What other ways exist? |
1. Sole Trader
2. Partnerships – Limited and Unlimited
3. Companies – Limited and Unlimited
4. Other – Cooperatives, Consortium |
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What key factors do you need to consider when establishing a practice? |
1. Staff, practice management 2. Overheads, start up costs, finances 3. Clients 4. Insurances 5. Area of Practice & Viability 6. Location |
SOCIAL |
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What are the benefits of QA? |
1. Less claims are likely 2. Practice output will be more efficient 3. More opportunities to win work; ISO 9001 compliance is a common requirement for tenders |
3 |
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What alternative methods exist to appoint a landscape architect? – Briefly describe them. |
LI’s Standard Form of Appointment – Landscape Consultants Appointment - Standardised Format, familiar to all parties, roles are known - Robust and proven - Published and approved by the Landscape Institute
Other Standard Forms of Appointment - JCLI Consultant And Contractor Appointment, JCT - Has the same points as above, but not tailored to Landscape Architecture
Client’s Standard Form of Appointment - Will cover the same points as above, but could be tailored to suit the client’s needs - Could Potentially increase the expected level of duty of care of the LandscapeArchitect
Exchange of Letters - Much more informal, no standard format although the Code of Conduct does give an absolute minimum of required information
Under Seal - As it is such a formal process, consideration is not always required for a valid contract - Increases the liability time from 6 years to 12 years - Used for very large engineering projects |
5 |
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How do you prepare a fee bid when competing against other practices? |
Consider the following: 1. The Project a. Type b. Value c. Stages of work and services required. d. Additional Services required (BIM) e. Level of appointment (consultant or sub consultant) f. Sub consultants required as part of your fee bid
2. The Landscape Architect’s Organisation a. Overhead costs:premises, heat , light b. Salary costs:pay, pensions c. Finance costs:loans/interest payments/insurance d. General office supplies e. Profit margin
3. Can look to similar previous bids for a guide |
1 (6) 2 (5) 3 |
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Quite often briefs for fee tenders from private sector clients may have very little information. How might you ensure the potential client knows what is included in your tender? |
Technical Submission - Response to the brief - Relevant Experience - Proposed design team - Proposed Methodology - Scope of services - Conditions of Appointment
Fee Proposal - Usually as a lump sum (with payment stages) - Breakdown of anticipated stages of work, time allocated and fees - Programme |
1 (6) 2 (3) |
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What are the main methods of confirming an appointment? |
- Code of Conduct requires you to always confirm appointments in writing - LI Standard Form of Contract – LCA - Other Standard Forms of Contract e.g CIC consultants contract or JCLI homeowners consultancy agreement - Client’s Standard Form of Contract - Exchange of Letters - Under Seal |
6 |
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If the client did not wish to use the memorandum of agreement and wanted to use another contract would you accept this? |
- Although the LCA is the form of contract recommended by the LI, other forms may be accepted as long as they are written and include the key parts as laid out in the Code Of Conduct
- Must be examined and confirmed by legal advice and PI insurers |
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What are the legal implications of acceptance/confirmation of appointment? |
- A legally binding agreement between two parties that can be remedied through the law if breached
- Once there has been acceptance and confirmation, contract has been formalised; conditions of contract are applicable and there is a contractual relationship
- Reinforced by an assurance of special professional competence and the Code of Conduct
- If contract breaks down, the client can sue the LA for o Professional Negligence (lack of reasonable inspection, negligent design) o Tortuous Negligence (breach of duty of care)
- LA can sue client for breach of contract e.g. unpaid fees |
5 |
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Describe the format / contents of the landscape consultants appointment? And why would you recommend using it? |
1. Conditions of Contract
2. Memorandum of Agreement
3. Scopes of Services
4. Fees and Schedules associated with Scope of Services
It is produced and endorsed by the LI, is familiar to all parties and the roles are well known, and it is robust; all of which help to reduce claims or uncertainty and to help resolve disputes if they occur.
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1 (4) 2 3 4 |
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What methods of charging fees exist? Describe them and their advantages and disadvantages to the LA or the client? |
Percentage A % of the overall construction cost. Used for ??? At the behest of the tendering market. Advantages: if the successful tender construction cost is high, the consultant gains financially Disadvantages: if the tender market is low, the construction cost will be low and therefore the consultant could lose out financially
Time Charge A pre-agreed hourly or daily rate is used to charge time spent by different grades of staff who have completed valid work on the project. There is often an agreed ceiling amount,which when reached will require authorisation to incur any more charges. Often used when the scope of the project is unclear. Advantages: the client only pays for work that has been done Disadvantages: perception by the client of uncertainty, less incentive for the consultant to work efficiently
Lump Sum An upfront, single cost that covers a specified scope of works. Only used where the scope and scale of the project is certain. Advantages: cost certainty for both parties Disadvantages: if the consultant has not accurately estimated time/resources, they could be out of pocket |
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How would you charge for expenses and disbursements? |
Expenses Costs incurred whilst completing work for the cliente.g. travel, printing etc. G use a % of the lump sum e.g. 5% of the total fee. There may be stipulations as to what this covers. Clients are provided with standard rates information e.g. mileage, what is included in an overnight stay etc.
Disbursements Are costs that ought to be borne by the client for items that are required for the Landscape Architect to commence or complete the work. Typically includes mapping data etc. Costs should always be paid by the client. If the client insists on the consultant paying and then refunding, a service charge should be included. |
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How do you deal with non-payment of fees? |
1. Refer to your contract, you should have agreed your terms in writing (Standard 8); dispute resolution will be set out in the Conditions of Appointment 2. Non-payment is a breach of contract and can be upheld by court
3. There is a statutory right to suspend services for non-payment of fees 4. Prior to this, the firm may issue a payment reminder to the client - to maintain good client relationship. G will give clients 30 days after the final invoice to pay; after this time period has lapsed, the finance director will issue a formal letter |
4 |
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What options are there for recovering fees? |
If forced to take legal proceedings to recover date, LA should claim interest on the full payment due.
Late Payments of Commercial Debts (Interest Act) 1998 |
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What is the difference between sub consultants and other consultants? |
Does not have a direct relationship or contract with the client; reports to and is paid by one of the consultants e.g. arboriculturalist employed by the landscape architect
We have a standardised sub consultant agreement. Use SCs that we have a good working relationship with.
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What are the differences between companies and partnerships? |
Partnership - Owned and managed by Partners who can be held liable for the torts of other Partners - Partnership is not a separate legal entity - Does not report to Companies House - Can be extinguished by agreement of Partners / death of a Partner / winding up- Relatively hard to eject an unsatisfactory partner - Partnership Act 1890 Limited Liability Partnership - Owned and managed by Partners; cannot be held liable for the torts of other Partners - Partnership is a separate legal entity and can sue/be sued / be property etc. in its own right - Reports to Companies House - Can be extinguished by agreement of Partners / death of a Partner / winding up - Relatively hard to eject an unsatisfactory partner - Limited Liability Partnerships Act 2000 Company - Managed by Directors who are salaried employees and are not liable for the torts of the company - Owned by Shareholders - Depending on type of company, reports to Companies House - Easier to eject an unsatisfactory Director - Company is a separate legal entity and can sue/be sued / be property etc. in its own right - Can be extinguished by winding up/liquidation (under the Insolvency Act) or being struck off the Companies Register (when no longer carrying on business or fails to present its annual accounts) - Companies Act 2006 |
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What are the services that a landscape architect can offer a client? |
Set out in the Royal Charter and the Landscape Consultant’s Appointment and include; landscape design, landscape masterplanning, LVIA, landscape planning, landscape management, landcape contract and maintenance, stakeholder engagement. There is also an LI Guide for Clients that illustrates the types of work LAs are involved in and the benefits it brings. |
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The Code of Conduct & practice: what can you & can't you do? |
Refer to Code of Conduct - can’t subvert work from another member of the LI / bring the profession in to disrepute – can positively promote the CoC and aims/objectives of the LI & it’s Royal Charter etc. |
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What is the hierarchy of responsibility in a private practice and a local authority? |
Delegation of power in a Local Authority: - Committee (elected councillors) - Chief Officers of each profession / Heads of departments - Individual staff (officers) Professionals in a Local Authority have to comply with the code of their profession but also with those of the authority (e.g.corruption, tendering, best value etc.) Private Practice:- Companies /Partnership Act – responsibility of management rests with Directors / Shareholders/ Partners - Associates carry no professional responsibility for the actions of the firm as a whole; issues must be countersigned by the Partner / Director |
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What ethics should landscape architects abide by? |
- To understand the ethical dimensions to their actions and their impact on society - Act in accordance with the Charter & Code of Conduct - Take responsibility in their work to protect/conserve/enhance the natural and built environment - Recognise the limits of their own understanding and practice within them - Act as ambassadors for the profession in all their activities - Recognise the expertise of fellow professionals in other disciplines |
6 |
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Advantages/disadvantages sole trader |
Advantages Simple to set up Easy to make business decisions Efficient to run No requirement to share profits Close relationship with customers
Disadvantages Limited source of finance / capital No one to share the work load Unlimited personal liability |
5 / 3 |
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Describe BIM and when we would require it. |
Integrated process built on collaborative working, coordinated reliable information about project through construction and into operations
BIM projects typically models all data relating to drains, build ability, clash detection...
Level 2 required by all publicly funded projects about £5m |
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What is BIM level 2? |
Depends on if we're the lead consultant
3D federated model Information exchange - common data environment Respond to employers information requirements |
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What is QA? |
QA is about consistent everyday management involving evaluation, monitoring, feedback, development and correction. It puts in defined systems for all operational areas of the business to facilitate projects. It is required by the Code of Conduct. Implementation = producing a quality manual with procedures put in place to audit its effectiveness. |
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How would you charge for community consultation? |
Estimated amount of consultation needed will be included in original fee e.g. two days of consultation meetings with one member of staff at senior level. It may include a stipulation that if more consultation is required than specified in the contract, a time-charge fee may apply or it may be renegotiated with the client. |
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