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ADMINISTRATIVE, LEGAL, ETHICAL aspects of the architectural profession |
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Architects highly regarded; second only to the pharaoh |
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Architects participate in scholarly pursuits and development of governmental structures |
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Firmness, Commodity & Delight |
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Architecture as service to the church and crown |
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Architecture as a discipline with a broad basis of study |
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HISTORY: 1700s NEOCLASSICISM |
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Architecture as a profession |
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Richard Morris Hunt & H.H. Richardson |
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push the profession towards standards of practice and push for architectural education |
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First established architectural school: |
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First code of ethics was: |
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Public Perception of the Profession |
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• Arrogant / Elitist • Concerned with aesthetics not issues • Expensive / Irresponsible • Lacking Technical Construction Knowledge |
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Profession's Perception of Recent Graduates |
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• Lacking Commitment (Unwilling to put in the time) • Inability to Sketch & Diagram (Think Quickly) • Overpaid / Undereducated (Construction Documents) • Lacking Practical Experiance |
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Necessary Skills For Recent Graduates THEN |
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• Drafting • Lettering • Construction Details • Physical Modeling |
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Necessary Skills For Recent Graduates NOW |
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• Writing Ability • Design Skills • Three Dimensional Computer Modeling • Video Animation • Internet Research • Digital/Physical Translation |
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Five Dynamic Forces Changing the Face of the Architectural Profession |
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global economy, technological/brainpower transition, universal appeal of quality design, the aging of our global population, and the telecommunications revolution |
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International corporations no longer are tied inextricably to their national governmental policies. The trend to move away from world trade regulation will also be of huge benefit to architects. Predominance of U.S. design abroad |
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Technological/Brainpower Transition |
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Firms which have an abundance of advanced design skills, a grasp of cultural nuances of the country, and the latest technological tools to speed communications with clients will hold strategic advantage over competitors |
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The Universal Appeal of Quality Design |
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Quality-designed buildings and products take on a universal aesthetic. Products that have been designed for appeal to customers in every part of the world. American design ethos has appeal across the international spectrum. |
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The Aging of Our Global Population |
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Our society will have a large segment of the elderly. The large firms who can recognize this early, adapt them to the new ideas their talented designers produce, and market them everywhere, will be the major success stories |
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The Telecommunications Revolution |
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Whatever computation can replace, it will. What information can replace, it will. Things are always newer, faster, cheaper-- limited to the imagination. |
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US Constitution, Statutes, Administrative rules, Contracts, Interpretations by adminstrative agencies |
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2 branches of Statutary Law |
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1. Civil law 2. Criminal law |
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"The architect is required to do what a reasonably prudent architect is required to do in the same community and in the same time frame, given the same or similar facts and circumstances." |
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City of Mounds View vs. Walijarvi |
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"City of Mounds View vs. Walijarvi" |
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The undertaking of an architect implies that he possess skill and ability, including taste , sufficient to enable him to perform the required services. But the undertaking does not imply or warrant a satisfactory result. |
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Things you don't want to do: |
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Warranting, certifying, promising, instructing contractor on methods how to build, assurances of completion by certain date, fixed construction cost |
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2 measurements Standard of Care |
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Where do you practice? What is the s.o.c. for the buiding type? |
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4 Requirements for Negligence |
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1. Duty
2. Breach
3. Cause
4. Damage |
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After 1956, architects are responsible to? |
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Third parties for injuries due to errors and omissions |
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How long is an Architect responsible for their designs? |
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They or their estate are responsible for the life of a building |
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When one person is liable for the negligent actions of another person, even though the first person was not directly responsible for the injury |
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Insurance cost of coverage is based on? |
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Number of employees, Licensure of employees, Architects past claims experience, Project type, Scope of Work |
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2 bases for Errors and Omissions insurance: |
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1. Claims made basis -
Policy must be in effect during the time the claim is made 2. Accident or occurrence basis [$$$] - Policy in effect when act of negligence was committed |
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1. Umbrella liability insurance
2. Prior Acts Insurance
3. Project Insurance
4. First Dollar Coverage |
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Uninsurable Contracts, Expressed Warranties, Indemnification Clauses |
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3 types of Dispute Resolution |
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1. Mediation
2. Arbitration
3. Civic Action |
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California Architects Board purpose? |
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created in 1901 to protect the health, safety, and welfare of the public |
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What dept. does CAB belong to? |
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Department of Consumer Affairs |
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How many licensed architects today? |
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Punishment for practice without license: |
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It is a misdemeanor, punishable by a fine of not less than $100 nor more than $5,000, or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment |
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What constitutes "holding self out as architect"? |
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Putting out any sign, card, or other device that indicates to the public that he or she is an architect or architectural designer, or qualified to engage in the practice of architecture. |
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Practice of Architecture according to CA Practice Act: |
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Professional services which require the skills of an architect in the planning of sites, and the design, in whole or in part, of buildings, or groups of buildings and structures |
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Professional services may inclue: |
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Investigation, planning, coordination, compliance, technical assistance, contract administration, construction observation |
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American Institute of Architects
American Institute of Architecture Students |
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National Architectural Accrediting Board |
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American Collegiate Schools of Architecture |
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National Council of Architectural Registration Boards |
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Amount of education/work needed for Written Examination |
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5 YEARS of post-secondary education and/or work experience under the direct supervision of a licensed architect as evaluated by CAB. |
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Amount of education/work needed for Licensure |
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8 YEARS of post-secondary education and/or work experience as evaluated by CAB, including at least one year of work experience under the direct supervision of a US architect |
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Amount of education/work needed for California Supplemental Examination |
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7 YEARS AND 6 MONTHS of post-secondary education and/or work experience as evaluated by CAB, including at least one year of work experience under the direct supervision of a US architect |
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Accredited degree programs (3) |
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5 year accredited Bachelor of Architecture (first professional)
3.5 year accredited Master of Architecture (first professional)
1.5 year accredited Master of Architecture (second professional) |
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IDP requirements don't apply if: |
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1. candidate was determined by the Board to be eligible on or before December 31, 2004 and is active in the examination process 2. candidate has completed all necessary education equivalents prior to
January 1, 2005, has submitted a completed application for eligibility
evaluation to the Board that is postmarked on or before December 31,
2004, and has been determined by the Board to be eligible |
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new candidates applying on or after January 1, 2005 |
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Moral principles, rules of conduct, rightness and wrongness of certain actions |
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Ruskin’s The Seven Lamps of Architecture |
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Rejects utilitarianism as a basis for good architecture, honesty of expression, condemns artistic freedom as immoral |
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Concerned with social aspects of architecture, architecture as a means for social progress; Simplicity is ethical, improper use of machinery and past styles are obstacles |
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social responsibility of architects; praises rationality, standardization machines and geometry as means to break with restrictive creative methods of the past |
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Individual differences to universal solutions; create an organic architecture which opposes force and violence |
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A work of architecture is a symbolic expression of the community; an ethical discipline before an aesthetic one; a moral dimension legitimized in a practical way |
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Modern solutions are seen as too elitist, abstract and simplistic to cope with real life |
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3 Basic Areas of Ethical Practice |
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1. Relationships
2. Special Knowledge
3. Architectural Processes |
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Serving its members Advancing their value Improving the quality of the built environment. |
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[GENERAL OBLIGATIONS] Members should maintain and advance their knowledge of the art and science of architecture, consider the social and environmental impact of their professional activities |
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[OBLIGATIONS TO THE PUBLIC] Members should embrace the spirit and letter of the law; serve the public interest in their personal and professional activities |
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[OBLIGATIONS TO THE CLIENT] Members should serve their clients competently; exercise unbiased judgment |
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[OBLIGATIONS TO THE PROFESSION] Members should uphold the integrity and dignity of the profession |
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[OBLIGATIONS TO COLLEAGUES] Members should respect the rights and acknowledge the professional aspirations of their colleagues |
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2 driving forces to firm organization |
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1. Typology
2. Collective values |
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1. Strong idea 2. Strong Service 3. Strong delivery |
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3 Project team structures |
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1. Studio structure 2. Departmental structure 3. Project manager structure |
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Legal considerations of firms |
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Taxation, Liability, Transference, Registration |
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1. Sole Proprietor
2. Partnership
3. C Corporation
4. LLC Corporation
5. S Corporation |
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