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

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