26 ATSEPTEMBER/OCTOBER2011When a Chartered Architectural Technologist isappointed, partial or full services may becontracted, and these duties may includeassessing the development feasibility, preparationof initial and detailed designs for clients'approval and preparing and submitting plans forthe purposes of obtaining statutory approvals(including planning approval, buildingregulations, and conservation approvals) torunning the project which could extend to fullcontract administration. Looking beyond the traditional work stages,misunderstandings between the CharteredArchitectural Technologist and the clientsometimes arises regarding the nature of theoverall role(s) being undertaken on any particularproject. This article aims to clarify the maindistinctions between the different roles thatcommonly arise. For example, we will look at thedifferences between acting as a:.Lead Designer/Lead Consultant.Contract Administrator.Consultant with 'an inspection role'.Consultant with 'a supervision role'.Project ManagerHaving a clear understanding of each of theseroles will assist both the Chartered ArchitecturalTechnologist and client in documenting thenature of the services that have been contracted.It will also manage the client's expectations as towhat can be expected from the CharteredArchitectural Technologist.Lead Designer/Lead ConsultantThe Chartered Architectural Technologist actingas the lead designer/lead consultant is thenormal basis of appointment and he will betasked with coordinating and integrating thedesigns produced by all the designers engagedfor the project. In terms of coordination and leading the team,the lead designer/lead consultant may beexpected to produce a design programme andtake steps to see that the other consultants (forexample, quantity surveyor, services consultants,structural engineers, etc) adhere to it. The rolecan involve coordinating the designs of specialistsub-contractors including checking sub-contractors' tenders, although it should be notedthat the appointment of such consultants and/orsub-consultants are the responsibility of theclient and are separate to that of the LeadConsultant who would not be expected to beliable for their work. In relation to integration, the lead designer/leadconsultant may be expected to take care to seethat their own design is compatible andintegrated with the designs of the remainder ofthe design team and specialist sub-contractors.The obligation might extend further - to ageneral duty to see that the designs produced forthe project are compatible with each other. Asever, which position applies will depend on theterms of the appointment.The role of the lead consultant, but not the leaddesigner, can often involve duties to advise onthe need for other consultants, sub-contractorsand specialists and the scope of their services,procurement matters and managing significantchanges to the design.In order to limit liability, a lead designer/leadconsultant usually seeks to ensure that theirappointment agreements include a clause tomake it clear they do not accept responsibility forthe designs of others. A check should be madeto ensure there is a positive obligation in theother consultants' agreements, which places theonus on them to cooperate with the leadconsultant/lead designer and to integrate theirdesigns with the designs of the other consultants,specialists and sub-contractors. It is also usual toincorporate provisions to exclude liability on thepart of the lead designer/lead consultant for anywork, materials or goods or workmanship carriedout by any of the other consultants and/or sub-contractors. Contract AdministratorThe client may appoint the CharteredArchitectural Technologist to carry out thefollowing duties:.Preparation and/or collation of tenderdocuments and contract documents;.Issuing instructions to the contractor; .Issuing certificates under the building contract- for example payment certificates, practical orpartial completion certificates and the finalcertificate;.Valuing the works and agreeing the final amount(where there is no quantity surveyor);.Dealing with contractors' applications forextensions of time and extra payment; and.Inspecting the works at stages during theconstruction and preparing defects lists atpractical completion and at the end of thedefects rectification period. This is not a duty tosupervise the works unless the contract administ-rator is expressly appointed for this role and isaware of their additional responsibilities andduties. (See section on site supervision below.)When issuing payment certificates, there are twokey strands to the contract administrator's role:.They must take reasonable steps to ensure thatthe work which is to be the subject of thecertificate has been properly carried out incompliance with the building contract. What is'reasonable' will depend upon the size, natureand complexity of the project..They must take reasonable steps to ensure thatthe work is properly valued ie that claims forpayment are reasonable and justified by the workdone at the time, both in terms of quality andamount.When issuing a final certificate, particular cautionshould be exercised. There is a danger that, inthe absence of wording to the contrary, a Courtwill normally view a final certificate as conclusiveevidence as to the quality of workmanship andmaterials.As such, if a contractor is in possessionof a final certificate, it may be difficult for theclient to get any redress from the contractor ifdefects arise after the certificate has been issued.In thesecircumstances the client would inevitablyseek to claim solely against the consultant whoissued the certificate. The wording of thebuilding contract should always be checked toguard against this outcome.The ContractAdministration forms issued by CIAT providefor such eventualities. Inspection/Site SupervisionInspection and Supervision are two distinct roles.InspectionA contractual duty to carry out periodicinspections and/or visits to the works involves areduced scope of service compared with acontractual duty to supervise. Nevertheless, thefollowing guidelines should be borne in mind,which have arisen as a result of case law on theduty to inspect. (Continued overleaf) Role modelsOn appointing a Chartered Architectural Technologist, clients need to understand theextent of the Member's role. Jonathan Henney and Andrew MacLeod of Robin SimonsLLP Solicitors look at those roles and highlight some common misunderstandings aboutthem.PRACTICE

AT SEPTEMBER/OCTOBER201127The Chartered Architectural Technologistshould:.inspect the key/important elements of theconstruction work and, if necessary, ask thecontractor to give notice of when a specificelement is going to be constructed. Thoseinspecting should not rely on regular fortnightlyor monthly site meetings which may well havebeen arranged in advance and without referenceto the elements of work being progressed on siteat the time;.if an important element will eventually behidden from view, instruct the contractor not tocover it up until it has been inspected;.make his or her own reliable arrangements tobe kept informed of the general progress of theworks;.if there is a key element of construction that isgoing to be repeated throughout the develop-ment, inspect it on the first occasion or at anearly stage of construction so as to assess thecontractor's ability to carry out that particulartask and whether the contractor's methodology issatisfactory;.require work to be opened up if they have anydoubts or a critical element has been concealedbefore inspection. If work is found to be correctthe contractor will require payment. If it isdefective he will not get paid for the opening up.These inspection obligations (and whether theyhave been performed) should be borne in mindin the context of issuing certificates ofinspection, including the Council of MortgageLenders' Professional Consultant's Certificate.Such certificates should not be issued if theworks have not been inspected or if theChartered Architectural Technologist isuncertain whether the relevant work issatisfactory. Of course, certificates of inspectiondo not guarantee the quality of materials orworkmanship.Site supervisionA Chartered Architectural Technologist may beasked to supervise the works. This is a moreonerous level of responsibility than that ofinspecting the works. The level of supervisionrequired will depend upon the individualrequirements of the client and the terms of theirappointment. Some clients may require a clerkof works/site supervisor who has a constantpresence on site. A clerk of works/sitesupervisor will usually be a separate appointmentby the client and never appointed by thearchitectural consultant.A clerk of works/site supervisor is oftenconsidered to be the 'eyes and ears' of the clienton site. They are there to attend to matters ofdetail, although the separate appointment of aclerk of works/site supervisor will not absolve aChartered Architectural Technologist of anyinspection responsibilities the CharteredArchitectural Technologist may have beencontracted to perform. If a CharteredArchitectural Technologist agrees to provide'supervision', this may well imply that they areundertaking to have a continuous presence onsite and will provide detailed and continuousdirection to ensure, as far as possible, that thequality of the work matches up to the standardcontemplated by the building contract. Project managerGenerally project managers will be appointed inconnection with large building contracts. Theirrole will usually be organisational - for example,procurement, insurance issues, advising on theorder in which the project will run, controllingcosts, timescales and quality standards. It mayoften involve responsibility for matters thatmight otherwise form the role of the leadconsultant, including advising the client on thepros and cons of different design solutions andspecifications. The term 'project manager' should beapproached with caution. It is only looselydefined. The title itself does not confer anyparticular extent of either power or respons-ibility. In determining a project manager's powersa Court will simply look at the facts of aparticular case (including the terms of appoint-ment and other contractual documents) to seewhat powers have been conferred on the projectmanager in that particular instance. Simply labelling oneself a 'project manager'without carefully defining what that role entailswill, to a large extent, leave the parties in anebulous position. It may also create confusionamongst other consultants/contractors as to thescope and nature of the project manager's roleand the overlap he or she may have with, forexample, a contract administrator. In the absence of any express agreement to thecontrary, a project manager (as with a contractadministrator) would not usually have the powerto vary the terms of the contract they have beenappointed to manage. So if, for example, wherea project manager signs off on a settlementagreement on behalf of a client which purportsto compromise a final account, it is unlikely thatthe settlement agreement will be legally effective. SummaryOf course, ultimately the scope of a member'sduties will be defined by the agreement with theclient. As always, the terms of any writtencontract should be carefully checked beforebeing entered into, to ensure it properly reflectsthe intentions of both the CharteredArchitectural Technologist and the client.PRACTICE