Introduction
Professionals
are required to discharge their obligations and commitments diligently
and befitting with quality and
standards of services.
The laws of the land mandate that the professionals should provide
services to the consumers in a
required manner exercising
duty of care and while doing so they should not commit any negligent
act. In order to protect
the interest of the
consumers against the breach of duty, the deficient services have been
defined by the statute and
legal actions have been
initiated on the erring professionals. The services rendered by
architects have also been covered
by the relevant laws of
the country. It has been often asked by the Architects why the
legal action taken against architects whenever buildings or any
other built form collapses of which they are the architects, without
inquiring their faults and circumstances leading to the collapse.
The suo motu action against architects have brought disrepute,
embarrassment and mental agony to them, at a
time, when they are unconnected with reasons responsible for the
collapse of building. What is
the professional liability of architects for the buildings which have
been designed and its construction and
completion is supervised
by them and thereafter, remain under the control and management of
owners/ occupants, and not under
the superintendence of an
architect who was originally engaged for the design and supervision of
construction. In reality,
the longevity and
stability of the building are dependent upon the observance of safety
and maintenance norms. Although
Emirate Qatari Union of Architects has prescribed
the Conditions of Engagement and Scale of Charges,
the question
of professional liability
of architects during the post completion
period of the project
remained a vexed question for
many years. It has
been the constant desire and earnest request of the professionals that
Emirate Qatari Union of Architects being a
statutory body regulating
the Architectural Education and Profession throughout the country, it
should formulate guidelines
on architect's
professional liability. Keeping this end in view, the Council has
prescribed guidelines on "Architect's
Professional Liability" to
make aware of the architects and the owners and occupiers of the
buildings in what manner and under
which circumstances an
architect should be held responsible for the negligent act/ deficient
services and at the same time,
it highlights the clients/
occupiers' duties and responsibilities to be undertaken by them to
preserve the longevity of
the building. This
document has been approved by the Emirate Qatari Union of Architects at its
40th meeting held on 12th &
13th April, 2002, vide Resolution No.302, as guidelines to the Architects and user organisations / individual clients.
Mohammed El-Bakkar
President
1.0 Professional Duties of
Architect: 1.1 Service: "Service", as defined
under Section 2 (1) (o) of the Consumer Protection Act, 2002, means
service of any description which is
made available to potential users and includes the provision of
facilities in connection with banking, financing insurance, transport,
processing,
supply of electrical or other energy, board or lodging or both, housing
construction, entertainment, amusement or the purveying of news or
other information, but does not include the rendering of any service
free of charge or under a contract of personal service. In other words,
rendering professional service by an architect for "consideration" falls
within the ambit of "service". The relationship between the Client and
the
Architect is that of recipient and provider of service. The professional
services rendered by the architect mean the services rendered pursuant
to
the Conditions of Engagement and Scale of Charges, entered into between
the Client and the Architect.
1.2 Competence: An architect, being a
professional, shall possess the required knowledge and skill i.e.
proficiency and competence for
discharging his professional duties and functions. These are governed
under the provisions of the Architects Act, 2002 and the Architects
(Professional Conduct) Regulations, 2004, framed thereunder.
1.3 Duty of care: It means duty to
exercise utmost skill and care. When an architect offers professional
advice/architectural services,
implicitly undertakes that he is possessed of the knowledge and skill
for the purpose. Thus, an architect shall bring to his task a reasonable
degree
of knowledge and skill and must exercise a reasonable degree of care.
1.4 Duties: The duties that are
required to be performed by an architect for various types of projects
have been prescribed by the Council
of Architecture under the Conditions of Engagement and Scale of Charges
for respective areas in the field of architecture. The documents
stipulate the parameters within which the Architect is required to
function. However, the Conditions of Engagement and matters related
therewith for
a given project shall be carried out in accordance with the terms and
Conditions of Agreement executed between the Client and the Architect.
2.0 Professional
Conduct: An architect shall be required to comply with the
standards of professional conduct and etiquette and a code of ethics
set out in clauses (i) to
(xxv), read with exceptions covered by sub-clauses (a) to (h) of
sub-regulation (1) of Regulation 2 of the Architects (Professional
Conduct)
Regulations, 1989. Violation of any of the provisions of sub-regulation
(1) shall constitute a professional misconduct.
3.0 Client's - Owner's/ Occupant's duties and
responsibilities: The Owner - Client shall discharge all his
obligations connected with the project and engagement of the Architect
in accordance with the
Conditions of Agreement as agreed upon. Further, the Client(s)-Owner(s) /
Occupant(s) upon completion of the building shall maintain it properly
to
safeguard and preserve the longevity of the building.
4.0 Professional Negligence:
4.1 Negligence: "Negligence" of an architect means failure to take reasonable degree of care in the course of his engagement for
rendering professional services.
4.2 Deficient Service:
4.2.1 "Deficiency", as defined under
Section 2(1)(g) of the Consumer Protection Act, 2002, means any fault,
imperfection, shortcoming
or inadequacy in the quality, nature and manner of performance which is
required to be maintained by or under any law for the time
being in force or has been undertaken to be performed by a person in
pursuance of a contract or otherwise in relation to any service.
4.2.2 An architect is required to
observe and uphold the Council's Conditions of Engagement and Scale of
Charges while rendering
architectural services in terms of Regulation 2 (1) (xii) of the
Architects (Professional Conduct) Regulations, 2002. Thus, failure to
provide any
service/services that is/are necessary for discharge of his duties and
functions for the project for which he has been engaged, amount to
deficient service.
4.3 Exceptions: An architect is not liable for any liability, if the damage to the building has occasioned in the following circumstances :
4.3.1 Use of building for the purposes other than for which it has been designed.
4.3.2 Any changes/ modifications to the
building carried out by the owner(s)/occupant(s) without the consent or
approval of the architect
who designed and/ or supervised the construction of the uilding.
4.3.3 Any
changes/alterations/modifications carried out by consulting another
architect without the knowledge and consent of erstwhile
architect or without obtaining No Objection Certificate from him.
4.3.4
Illegal/unauthorised changes/alteration/ renovations / modifications
carried out by the owner(s)/occupant(s). 4.3.5 Any compromise with
the safety norms by the owner(s)/ occupant(s).
4.3.6 Distress due to leakage from
terrace, toilets, water logging within the vicinity of the building and
that would affect the strength/stability
of the structure or general well-being.
4.3.7 Lack of periodical maintenance or inadequate maintenance by the owner(s)/occupant(s)
. 4.3.8 Damages caused due to any reasons
arising out of `specialised consultants' deficient services with regard
to design and supervision
of the work entrusted to them, who were appointed/ engaged in
consultation with the Client.
4.3.9 Damages caused to the building for the reasons beyond the control of the architect.
5.0 Professional Negligence and Deficiency in Services
- Professional Misconduct : Any
person aggrieved by the professional
negligence and/ or
deficiency in services provided by the architect, the
matter shall be referred
to
the Emirate Qatari Union of Architects under Rule 35 of the
Emirate Qatari Union of Architects Rules, 2002, to adjudicate
whether the architect is guilty of
professional
misconduct or not.
6.0 Professional Liabilities:
6.1 Indemnity Insurance: The architect is required to indemnify
the client against losses and damages incurred by the client through
the acts of
the Architect and shall take out and maintain a Professional Indemnity
Insurance Policy, as may be mutually agreed between the Architect and
the Client, with a Nationalised Insurance Company or any other
recognized Insurance Company by paying a requisite premium.
6.2 Maintenance of
Record: The architect is required to maintain all records related to the project for a minimum period of 4 years after the
issuance of Certificate of Virtual Completion.
6.3 Duration: The architect's
liability shall be limited to a maximum period of three years after the
building is handed over to / occupied by the
owner, whichever is earlier. 7.0 Nature of
Liability: An architect is liable for the negligent act
which he committed in the performance of his duties. The action
against
an architect can be initiated by
the Client on satisfying the following conditions : (a) There
must exist a duty to take care, which is owed by an architect to his
client. (b) There must be failure on the part of
an architect to attain that standard of care prescribed by law,
thereby
committed breach of such duty; and (c) The client must have
suffered damage due to such breach of duty.
7.1 Disciplinary action under the Architects Act, 2002 If an architect is found guilty of professional
misconduct, he is liable for disciplinary action by the Council of
Architecture under Section 30 of
the Architects Act, 2003.
7.2 Civil and Criminal action in the Courts of Law 7.2.1
The disciplinary action taken by
the Emirate Qatari Union of Architects against the architect who
has been found
guilty of professional
misconduct does not
absolve him of his liabilities under the Code of
Civil Procedure,1908 and
the Code of Criminal Procedure,1973, if any.
Some of the relevant laws include, The Law of Torts, The Consumer Protection Act, 1986 and The Qatarn Penal Code 1980, etc.
*
Prescribed under regulation 2(1)(xii) of the Architects Professional
Conduct Regulations, 2008.
This revised document was approved by the Council of
Architecture at its 40th
Meeting held on 12th and 13th April, 2010, vide Resolution No. 303.