page 1 page 2 page 3 page 4 page 5 page 6 page 7 page 8 page 9 page 10 page 11 page 12 page 13 page 14 page 15 page 16 page 17 page 18 page 19 page 20 page 21 page 22 page 23 page 24 page 25 page 26 page 27 page 28
|
A marked improvement I have just read the current issue of AT and thought you deserved complimenting on the editing and articles you have produced - the magazine is getting better every issue. Keep up the good work. Phil George MCIAT, County Durham The Sheffield Hallam Award I am writing with reference to the Student Award for Technical Excellence 2009, featured in the latest edition of AT magazine. Whilst I applaud the great work that appears to be going on at Sheffield Hallam University, I must say I am astonished that for the past three years, no other Accredited university has managed to teach Sheffield Hallam a lesson and push them off the top spot! Perhaps the way the course at Sheffield Hallam is structured allows students to submit projects for the Award with little or no extra work? Perhaps Sheffield Hallam deliberately structures its final design module with the intention that students can submit their work to CIAT at the end of the year and be in with a good chance of winning, or at least being highly commended. Who knows? What is clear from the winners presented in AT, is the use of CAD and BIM at Sheffield Hallam, which appears to be at the core of their teaching, allowing students to produce visually attractive work. Perhaps this is lacking at other institutions? In any event, fancy images should not in themselves win favour over a submission which is technically brilliant but has not been communicated in such a visually striking way. Perhaps I am being cynical, but all I know it that I would like to see work from other universities recognised by CIAT. Either way, it is good publicity for the university and good for the students CV. Come on other universities - lets see what you can do! Leigh Caller BSc( Hons) MCIAT, Yeovil Happy memories I was interested to see that the Manchester Convention Hall had received an Award. When I was at the College of Building there I used to take the train into what then was Central Station - a long time before it became a Hall. It used to be a good example of a Victorian transport interchange. Goods or passengers could use the rail station. Under the train hall were roads and canal links together with storage bays. Now no more. The recent issue was a good one though with the Ecobuild promotion, it came in a plastic envelope! Iain Elmslie MCIAT, Inverness The Institute has published a revised Conditions of Engagement, which supersedes all previous versions, and is free to Chartered Members. It is available as a PDF or in Word and can be downloaded from the members' section of the website. Cancellation of Contracts Members should be aware that any contract signed within the client's home or place of work falls within the Doorstep Selling Regulations. Whilst the information appears to be primarily aimed at traders, the legislation does in fact affect architectural contracts. More information can be found at the following link: www. berr. gov. uk/ whatwedo/ consumers/ fa ct- sheets/ page38115. html All members providing services directly to clients should be conscious of the fact that any contract which is signed in the client's home or place of work must be given a seven day cancellation period. So if your client signs the contract at home on the Friday and wants you to start work on the Monday - be warned that your client can still terminate the contract. If the client wishes work to commence before the seven day cancellation it may be wise to either post it for signature or have the client sign in your own offices. The Institute has now revised its Conditions of Engagement and in addition to the complete overhaul, the implications on members of the Cancellation of Contracts Made in a Consumer's Home or Place of Work etc Regulations 2008 is considered. There is now a section at the end to be signed and the seven day cooling off period which must be given is included with wording directly lifted from the Regulations. These Conditions of Engagement are written for use in England and Wales. Versions are currently in development for those Members in Scotland, Northern Ireland and the Republic of Ireland. If you have any queries, then please direct these to the Practice Department. 8ATMARCH- APRIL2010 Conditions of Engagement PRACTICE Letters IMPORANT NOTICE Revised Code effective 1 May 2010 Following approval at the 2009 AGM the Code of Conduct has an additional Clause. The new Clause 10 covers the issue of bankruptcy and insolvency which had previous been referred to in the Charter Byelaws rather than the Code of Conduct. For ease of use and understanding delegates at the 2009 AGM considered it appropriate to review and move the requirements for those members who suffer bankruptcy and insolvency to the Code, particularly at this time of recession. The new Clause 10 states: " Clause 10: Bankruptcy and Insolvency A member shall report to the Institute within 28- days, 35- days if resident overseas, if they are: a) made the subject of an order of court disqualifying them from acting as a company director; b) made the subject of a bankruptcy order; and c) a director of a company which is wound up ( other than for amalgamation or reconstruction purposes)" The former Clause 10 has now become the new Clause 11 which refers to ' Cessation of Membership'. Please be reminded that as a part of your ongoing membership you are required to comply with the Code of Conduct; it is recommended that you spend a few minutes refreshing yourself with your professional obligations under the Code which can be found at www. ciat. org. uk or contact Central Office on 020 7278 2206 for a hard copy. In tandem with this revision the Institute has also revised the Bankruptcy and Insolvency Information note which is featured in this issue of AT on page 9 and can also be downloaded from the website or again please contact Central Office for a copy. Code of Conduct This information note is intended to detail CIAT's policy on members becoming bankrupt or insolvent in relation to the Institute's current Constitution. Responsibilities under the Code of Conduct effective 1 May 2010 Clause 10: Bankruptcy and Insolvency A member shall report to the Institute within 28- days, 35- days if resident overseas, if they are: a) made the subject of an order of court disqualifying them from acting as a company director; b) made the subject of a bankruptcy order; and c) a director of a company which is wound up ( other than for amalgamation or reconstruction purposes) If you are the subject of a bankruptcy order or become insolvent you are required to advise the Institute in writing within 28- days detailing the circumstances with any supporting documentation as appropriate. If you are declared bankrupt, or you are a director or LLP member of an insolvent company or practice, this will not automatically lead to disciplinary action or permanent cessation of membership, although it is likely that you will not be permitted to be a director or LLP member until the terms of your bankruptcy have been discharged. The Institute will however require information on the circumstances surrounding your financial situation, for example, its impact on your clients and creditors and how the financial problems arose. If your practice has been placed into liquidation, we may ask for the Company's Statement of Affairs. It is only when our investigations suggest there may have been a wilful disregard by a member of their responsibilities, or a lack of integrity in line with the Institute's Code of Conduct, that the case may fall within the Conduct and Disciplinary Procedures; you would be notified formally in writing as per the Procedures. Professional Indemnity Insurance The availability of ongoing or run- off professional indemnity insurance cover ( where the practice has ceased) may vary according to the particular situation. Members should take advice from their insurance broker or provider, or an insolvency practitioner, on any steps that can be taken to continue PII. CIAT Insurance Services state that the issue is whether the premium has been paid, rather than whether or not the existing policy- holder has been declared bankrupt. If the member has paid the premium, the policy will remain in force until it expires thereafter CIAT Insurance Services would recommend run- off cover when it comes up for renewal should the member be unable to continue to practice; this is the standard procedure for any member who ceases to provide a service. Should CIAT Insurance Services be approached to provide cover for a member who has been declared bankrupt, they would operate in the usual way. However, the only possible issues might be with obtaining premium finance should the member wish to pay by instalments, and CIAT Insurance Services would require payment in advance or the individual would need to make arrangements for their own finance of the premium. Insurers may ask for reasons of the bankruptcy but this should not affect any provision of cover offered unless the reason for such bankruptcy has emanated from a fraudulent or dishonest act. Should you be covered with another insurance provider, you should check their terms and policy requirements. General Advice For those who are facing financial difficulties, help and advice is available from a number of sources. Seeking help at an early stage is both constructive and beneficial, and ensures that the range of options available can be fully explored. The Insolvency Service ( www. insolvency. gov. uk) provides general guidance, and we would also encourage members to seek professional advice from their accountant, Citizens' Advice Bureau or bank before deciding on the most appropriate way forward. The Institute also has a Recession Advice section on its website visit www. ciat. org. uk/ en/ recession Boom and bust The current financial climate has caused problems for many involved in the construction industry, and bankruptcy is no longer as unusual as it once was. Here we guide you through CIAT's policy on members' bankruptcy and insolvency. ATMARCH- APRIL2010 9 FINANCE Alex Yeung@ fotolia. com |