“Duty of Care” implies that on a collateral warranty between the Architect and the client body, the Architect agrees on a duty in tort (also actionable in contract) where reasonable skill and care is expected to be exercised by the Architect in “conformity with the normal standards of the profession”.
This implies that the Architect is obligated:
• to comply with the instructions of the Client in the preparation of drawings and
documents that define the nature, extent and quality of the proposed work and to define fees and provisions for payment that are associated with the agreed delivery package.
• to obtain and maintain Professional Indemnity Insurance for the
amount not less than that stated within the Memorandum of Agreement
• to keep the client informed of progress and performance and “any
issue that may affect time for or cost or quality of the Project”. This is to avoid misunderstandings & disputes and provides clarity, comfort and protection to both parties
• to “cooperate with others engaged on the project” in the performance
of his services and to establish a fair and reasonable allocation of risks between client and architect
• to incorporate standard industry practices in an agreement which has a proven
legal basis in case law. The Architect is obligated to comply with
the RIBA Code of Professional Conduct (Undertaking 1.1) stating that “The Royal Institute expects its Members to act with impartiality, responsibility and truthfulness at all times in their professional and business activities”, along with the ARB Code of Professional Conduct and Practice which requires a registered architect to exercise due skill, care and diligence, and to carry out professional work without undue delay and within the agreed time limit.
• to assert and retain copyright
• not to make any alteration to or omission or addition to the Services without the knowledge or consent of the Client Professional Advice
• not to advise on matters beyond their expertise and/or control, or offer advice gratuitously without assessing the risk of so-doing. Additionally, advice should be based on the most current information, where any qualifications must be stated at the time.