No_4_March_and_April__1949 — Page 19

CODE OF PROFESSIONAL PRACTICE

17

Several instances of unethical conduct on the part of local architects have been brought to our attention. These breaches were not serious ones but, nevertheless, should not have occurred.

For instance, here in Hong Kong there has somehow risen the tendency to consider the contractor as having very limited rights in disputes which may arise and whether it is his fault or not, the blame for delays or unsatisfactory work is placed without discrimination and very often most unjustly on his shoulders.

It is the duty of the Architect to act as an unprejudiced arbiter between client and contractor, and it is for the purpose of reminding all three parties of this and other well defined responsibilities which devolve on each of them that we reprint below the code governing the relationship between architect, contractor and client.

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A member of the R.I.B.A. is governed by the Charter and Byelaws of the Royal Institute. The following clauses indicate in a general way the standard of conduct which members of the R.I.B.A, must adhere to, failing which the Council may judge a member guilty of unprofessional conduct, and either reprimand, suspend or expel him or her.

Cases of unprofessional conduct not specifically covered by these clauses are dealt with by the Council having regard to the particular circumstances of the case.

(1) An Architect is remunerated solely by his professional fees, and is debarred from any other source of remuneration in connection with the works and duties entrusted to him. It is the duty of an Architect to uphold in every way possible the Scale of Professional Charges adopted by the Royal Institute.

(2) An Architect must not accept any work which involves the giving or receiving of discounts or commissions, nor must he accept any discount, gift or commission from contractors or tradesmen, whether employed upon his works or not.

An Architect may be architectural consultant, adviser, or assistant to building contractors, decorators, furniture designers, estate development firms or companies, or firms or companies trading in materials used in or whose activities are otherwise connected with the building industry, provided that:

(a) He is paid by salary or fee and not by commission. (b) He does not either directly or indirectly solicit orders

for the firms or company.

He may use his affix in connection with his appointment and his name and affix may appear on the stationery of the firm or company as architectural consultant or adviser.

His name and affix may appear in advertisements inserted by the firm or company in the Press provided that it is done in an unostentatious manner.

An Architect may be a director of any company, includ- ing a building society registered under the Building Societies Acts, the Building Centre, London, and the Building Centre, Scouand, except a company carrying on business as Auctioneers or House and Estate Agents or trading in materials used in or whose activites are otherwise connected with the building industry or engaged in the financing or erection of buildings, His name and affix may appear on the notepaper of the company.

An Architect may not carry on or act as principal, partner, or manager of any firm carrying on any of the above excepted trades or businesses,

(3)

An Architect must not advertise or offer his services by means of circulars_or_otherwise, nor may he make paid announcements in the Press, except that:

(a) Advertisements respecting appointments open or wanted may be inserted in the architectural pro- fessional press providing they are directed only to members of the profession.

(b) One notice of change of address may be inserted in

the architectural professional press.

(c) An Architect may notify his correspondents by post

once of any change of address.

(d) Though there is no objection to an Architect allowing signed illustrations and descriptions of his work to be published in the Press, with reference to such illustrations or descriptions, it is contrary to pro- fessional ethics

(1) To give monetary considerations for such inser-

tions.

(2) To allow such insertions to be used by the publishers for extorting advertisements from con- tributors.

(e) An Architect may consent to the publication of a series of illustrations either in circular, brochure or bork form, with or without descriptive letterpress, of any building or buildings for which he has been responsible, provided that--

(1) If advertisements appear, Clause (d) (2) of the

Code is complied with, and

(2) there is no attempt to distribute the publication

to potential clients.

(f) An Architect may sign his buildings and may exhibit his name outside his office and on buildings in course of construction, alteration and or extension provided that it is done in an unostentatious manner and the lettering does not exceed 2 inches in height.

If the client so desires the Architect's name may remain upon the building for a period not exceeding 12 months after its completion providing that the board does not display "To Let" or "For Sale" or similar notices. A notice may, however, indicate that the plans can be seen at the Architect's office. Auctioning and House and Estate Agency are in- consistent with and must not form part of the prac- tice of an Architect. An Architect must not become a member of or acquire any interest in a firm of Auctioneers and or House and Estate Agents or a limited company carrying on any of such businesses or enter into any permanent working arrangement or partnership with any person who practises as an Auctioneer and or House and Estate Agent or who is member of any professional body representing such persons. He may.

however be employed as an architectural consultant, adviser or assistant, if paid by fee or salary.

(g) Architects who are appointed Surveyors to recognised estates may announce land or sites or premises for sale or letting in connection with their appointments. When Architects are acting as Surveyors or Town Planners in connection with the development of land, announcements may be made in the Press and on notice boards in connection with such development, provided that such announcements are made in an unostentatious manner.

(4) An Architect must not attempt to supplant another Architect, nor must he compete with another Architect by means of a reduction of fees or by other inducement.

(5)

An Architect, on being approached to proceed with pro- fessional work upon which another Architect was previously employed shall notify the fact to such Architect.

(8) In all cases of dispute between employer and contractor the Architect must act in an impartial manner. He must interpret the conditions of a contract with entire fairness as between the employer and the contractor.

(7) An Architect must not permit the insertion of any clause in tenders. bills of quantities, or other contract documents which provides for payment to be made to him by the con- tractor whatever may be the consideration, unless with the full knowledge and approval of his client.

(8) An Architect should not take any part in a competition as to which the preliminary warning of the Royal Institute has been issued, and must not take any part in a competition as to which the Council of the Royal Institute shall have de- clared by a Resolution published in the Journal of the Royal Institute that Members must not take part because the Conditions are not in accordance with the published Regula- tions of the Royal Institute for Architectural Competitions, nor must he be associated in any way with the carrying out of a design selected as the result of a competition as to which the Council shall have declared by a Resolution published in the Journal that Members must not take part.

Architects asked to take part in a limited competition must at once notify the Secretary of the R.I.B.A., submitting particulars of the competition.

Note:-A formal invitation to two or more architects to prepare designs in competition for the same project is deemed a limited competition. In the event of two or more architects being commissioned to prepare designs for the same project, and the full scale fee of 1 per cent. on the estimated cost up to £50,000, and 12 per cent. on the remainder being paid to each of the architects so commissioned, the project is not regarded as a competition contemplated by the R.I.B.A. Regula- tions for the Promotion and Conduct of Architectural Competitions.

(9)

An Architect must not act as Architect or Joint Architect for a work which is or has been the subject of a competition in which he is or has been engaged as Assessor.

An Assessor must not act as Consulting Architect, unless he has been appointed as such before the inception of the competition, nor in any other professional capacity in any matter connected with the work which has been the subject of the competition, provided always that he may act as Arbitrator in any dispute between the Promoters and the selected Architect.

If an Architect is officially approached by the Promoters for advice as to the holding of a competition with a view to his acting as Assessor, and eventually it is decided not to hold a competition but to appoint an Architect to carry out the work, the Architect originally approached in an advisory capacity is precluded from acting as Architect for the work in question.

(10) It is desirable that in cases where the Architect takes out the Quantities for his buildings he should be paid directly by the client and not through the Contractor except with the previous consent of the client.