No_4_May_and_June__1950 — Page 15

TWO IMPORTANT PERSONAGES

THE ARCHITECT

An architect is a master builder. His professional skill and knowledge as business administrator, planner, and supervisor of construction are offered to those who are unacquainted with the problems of building and who consequently need guidance in the wise investment and protection of their money.

The privilege to practise as a registered architect is granted only to those who are qualified by education and experience to exercise the skill and judgment necessary to protect public health and safety.

As agent of the owner, an architect translates your wishes and ideas into a tangible description of the building and accordingly executes working drawings and specifica- tions to govern the work. His experience is also available to you in the selection of reputable contractors. To ensure that all contractors bid on identical information he prepares the contract documents and the specifications. To guarantee enforcement of a bid he prepares a standard form of "proposal" on which each contractor submits his bid and agrees to enter into a contract if the proposal is accepted within a stated number of days.

When bids have been received and accepted by you as owner, the architect draws the contract between you and the contractor. From that point until completion, he serves as impartial judge in the performance of the

contract.

During the course of construction the architect keeps a set of books recording the financial transactions between you, the owner, and the contractor. At periods specified in the contract he accepts requisitions for payment from the contractor and checks these in detail to be certain that they cover only work which has been satisfactorily completed. Assured of the correctness of a contractor's request, the architect issues a "certificate of payment" authorizing you to pay the contractor a stipulated sum,

The architect's responsibility as business administra- tor does not end when he issues a certificate of payment. He must determine that the contractor in turn is meeting his financial obligations. As your agent he must make certain that materials have been paid for, that payrolls have been met, and that payments to subcontractors have been made.

It is the architect's responsibility to determine that work is done in accordance with the contract documents and to inform the contractor of unsatisfactory materials or workmanship. This requires periodic visits to the site and supervision of the work as it progresses. If and when disputes may arise between the owner and the contractor, the architect serves as impartial arbitrator in the inter- pretation of the contract documents.

In order to complete the contract, the owner must accept the building and arrange for final payment to the contractor. This payment usually is due thirty days after acceptance. Moreover, the architect must be certain that you do not unknowingly, by word or deed, legally accept the building before it is completed. Formal acceptance must not take place until faulty work has been satisfactorily corrected, mechanical equipment has been tested and approved, and all details of the contract have been sub- stantially completed. It is the architect's responsibility to certify when this point has been reached and its designa- tion must be made without possibility of doubt; for after this point the owner becomes liable for anything that happens in, around, or to the building.

Since the interests of the owner depend so directly upon the ability of the architect, you must give careful consideration to his selection. If you are inclined to undertake construction without an architect, be sure that you can afford to gamble your savings without the guidance of professional skill. Few persons can afford to do so.

Wise selection of an architect must recognize the scope of work to be done. He should have experience in the class of work he is designing and the technical knowledge to

secure the best results without waste of space or money. To verify the quality of his work, you should visit build- ings he has completed. An architect ought to be pleased to furnish the names of those he has served. His personality should be forceful enough to ensure proper performance of the contract. His reputation for honesty, integrity, and businesslike methods should be beyond question, and under no circumstances should he have a secondary interest that might prevent the exercise of impartial judgment in serving his client.

The basic fee of the Royal Institute of Architects for architectural service including supervision on residential work is 6 per cent. The standard fee for remodeling which always involves a greater amount of work is 10 per cent.

THE CONTRACTOR

There are probably few businesses as hazardous as contracting and few where men approach their work with more enthusiasm. The great majority of contractors are skilled craftsmen who derive a sincere pleasure from doing work of good quality. Many even guard their reputations for good work at the expense of making additional profit. And this statement is made with full knowledge of the fact that many have suffered the scathing criticism of dissatisfied owners. Better understanding of the contrac- tor's problem will contribute to the appreciation of his service.

The contractor who specializes in home building usually has a force of foremen and skilled workmen who form the nucleus of his organization. In order to undertake work he has to invest a considerable sum in equipment which must be replaced from time to time. In addition to the normal overhead cost of operating an office, he has the inevitable expense of bidding on many jobs that he does not get. He also must maintain a good credit rating.

The average owner is not required to pay the contractor anything whatsoever until the building work is well advanced, at which time the first payment is made. Even then the owner will withhold 10 per cent of the amount due to the contractor which is known as the retention fee. During this initial period of construction, the contractor pays for all labour and materials either from his own funds, from borrowed money, or by means of his own credit. It is important to recognize that the contractor is using his money or his credit to pay for your house until such time as you are able to repay him. This, of course, is business, and does not require an expression of gratitude, but it should encourage an owner to be considerate.

Throughout the period of construction the contractor may be the victim of hazards over which he has no control, all of which may affect the cost of the work.

If the contractor has agreed to build your house for a fixed sum, he runs the risk of increases in the cost of materials and labour during the life of the contract. The work may suffer damage or be delayed because of bad weather. A sufficient number of workmen may not be available, or workmen may leave for higher wages on another job. There may be delay in the delivery of materials or in the work of a subcontractor. If he made an error in the estimate or in the bid, he must still complete the contract. In addition to all of this, a dis- satisfied owner may cause him the legal expense of court action to settle a dispute.

In any operation as complex as building there are bound to be occasional misunderstandings and disputes, but in the great majority of cases they are the result of the owner's error, not the contractor's.

For the best interest of both you and the contractor, your relation should be one of clear understanding and co-operation while each scrupulously holds to his bargain. Neither should ask nor give more than has been agreed upon. Your relations with the contractor have a much better chance of success if you always remember that the contractor agreed to furnish what was shown

on the drawings and described in the specifications, not what you thought was shown and described.

From "Building or Buying A House"

by B. K. Johnstone & Associates.

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