Professional Practice 2

Administering The Regular Services Of The Architect

Prepared by: Ar. Miguel Ricalde

Presented by:Ar.Denmark S.Dagar,BSBA-MGT,MPM,UAP
School of Engineering and Architecture, Letran-Calamba
CODE OF ETHICS
 ARTICLE I

GENERAL PROVISION

Section 1. Traits of Architects. - The profession of Architecture calls for men and
women of the highest integrity, responsiveness, business acumen, sensibility, as well
as artistic and technical ability.
 ARTICLE I

GENERAL PROVISION

Section 2. Duties and Responsibilities. - The Architect's honesty of purpose must be

beyond reproach; he/she acts as professional adviser to his/her Client and his/her
advice must be unprejudiced; he/she is charged with the exercise of mediation
and conciliation functions between Client and Contractor and must act with entire
impartiality; he/she has moral responsibilities to his/her professional associates and
subordinates; and he/she is engaged in a profession which carries with it grave
responsibilities to the public. These duties and responsibilities cannot be properly
discharged unless his/her motives, conduct, sense of moral values, sensitivity, and
ability are such as to command respect and confidence.
 ARTICLE II

THE ARCHITECT'S RESPONSIBILITIES IN RELATION TO THE PEOPLE

Section 3. Relations with the Public. - The Architect is engaged in a profession

which carries with it civic responsibilities towards the public, whether such
responsibilities are the natural outcome of good citizenship or of his/her professional
pursuit, or whether they partake of informative and educational matters or of his/her
normal interest in public welfare; and, accordingly, he or she
 ARTICLE II

THE ARCHITECT'S RESPONSIBILITIES IN RELATION TO THE PEOPLE

3.1 shall respect and help conserve the systems of values and the natural,
historic, and cultural heritage of the community in which he/she creates
architecture. He/she shall strive to improve the environment and the life and habitat
within it in a sustainable manner, fully mindful of the effect of his/her work on the
widest interests of all those who may reasonably be expected to use the product of
his/her work.
 ARTICLE II

THE ARCHITECT'S RESPONSIBILITIES IN RELATION TO THE PEOPLE

3.2 shall promote the interest of his/her professional organization and do his/her
full part of the work to enhance the objectives and services of the organization.
He/she should share in the interchange of technical information and experience with
the other design professions and the construction industry.
 ARTICLE II

THE ARCHITECT'S RESPONSIBILITIES IN RELATION TO THE PEOPLE

3.3 as a good citizen shall abide by and observe the laws and regulations of the
the government and comply with the Code of Ethical Conduct and the
Standards of Professional Practice. He/she shall at all times endeavor to properly
observe the laws on the practice of architecture and on the planning and design of
buildings and their environs. He/she shall at no time act in a manner detrimental to the
best interest of the architectural profession.
 ARTICLE II

THE ARCHITECT'S RESPONSIBILITIES IN RELATION TO THE PEOPLE

3.4 shall not use paid advertisement, nor use self-laudatory, exaggerated, or
misleading publicity. However, he/she may, in the context of advancing public
knowledge of the Architect’s function in society, as well as of architecture itself, opt to
write books, be a regular columnist of a publication, or be a contributor to the
preparation of any other literature, or actively participate in any forum, seminar,
workshop, or similar assemblies through verbal or visual presentations and, in the
process, show his/her own true worth as a professional, in which case he/she may
receive remuneration or honorarium for such undertakings.
 ARTICLE II

THE ARCHITECT'S RESPONSIBILITIES IN RELATION TO THE PEOPLE

3.5 shall not solicit, nor permit to solicit, in his/her name, advertisements or
other support towards the cost of any publication presenting his/her work.
He/she shall refrain from taking part in paid advertisement endorsing any
materials of construction or building equipment.

3.6 shall not deceive the public as to his/her professional competence, nor
claim any professional specialization unless supported by academic
qualification, track record or relevant expertise, professional resources available to
him/her which will enable him/her to handle the work particularly requiring such
specialization and sanction, by his/her peers in the profession.
 ARTICLE II

THE ARCHITECT'S RESPONSIBILITIES IN RELATION TO THE PEOPLE

3.7 may exhibit his/her professional shingle outside his/her office, or display a project
billboard indicating relevant information, which may include pictorial reproduction
thereof, in a modest manner
 ARTICLE III

THE ARCHITECT'S RESPONSIBILITIES IN RELATION TO HIS/HER

CLIENT

Section 7. Relations with his/her colleagues and subordinates. - The Architect has
moral responsibilities towards his/her profession, his/her colleagues, and his/her
subordinates; and, accordingly, he or she
 ARTICLE III

THE ARCHITECT'S RESPONSIBILITIES IN RELATION TO HIS/HER

CLIENT

4.1 shall introduce to a prospective Client the professional services he/she is

able to perform provided it is limited to the presentation of examples of his/her
professional-experience and does not entail the offering of free preliminary sketches
or other services without the benefit of an agreement with the Client for legitimate
compensation.

4.2 shall acquaint or ascertain from the Client, at the very inception of their business
relationship, the exact nature and scope of his/her services and properly inform the
Client of the corresponding professional fees.
 ARTICLE III

THE ARCHITECT'S RESPONSIBILITIES IN RELATION TO HIS/HER

CLIENT

4.3 shall advise a Client against proceeding with any project whose
practicability may be questionable due to financial or legal important and/or
exigent conditions, even if such advice may mean the loss of a prospective
commission to the Architect.

4.4 shall explain the conditional character of estimates and in no case shall he/she
guarantee any estimates or cost of the work in order to secure a commission, unless
provided for by law, as in certain government projects.
 ARTICLE III

THE ARCHITECT'S RESPONSIBILITIES IN RELATION TO HIS/HER

CLIENT

4.5 shall consider the needs and stipulation of his/her Client and the effects of
his/her work upon the life and well-being of the public and the community as a
whole and shall endeavor to meet the aesthetic and functional requirements of
the project commensurate with the Client's budget.

4.6 shall bill his/her Client for services rendered a professional fee
commensurate with the work involved and with his/her professional standing
and experience based upon the Basic Minimum Fee prescribed under the.
"Standards of Professional Practice."
 ARTICLE III

THE ARCHITECT'S RESPONSIBILITIES IN RELATION TO HIS/HER

CLIENT

4.7 shall undertake the construction of a project even when the plans were prepared
by him/her when it conforms with pertinent sections of the "Standards of Professional
Practice".

4.8 shall be compensated for his/her services solely through his/her

professional fee billed directly to the Client. He/she shall not ask for any other
returns in whatever form from any interested source other than the Client.
 ARTICLE III

THE ARCHITECT'S RESPONSIBILITIES IN RELATION TO HIS/HER

CLIENT

4.9 shall be free in his/her investments and business relations outside of his/her
profession from any financial or personal interests which tend to weaker
his/her standing as an unprejudiced and honest adviser, free to act in his/her
Client's best interests. If the Architect has any other business interests which
would relate to, or affect the interest of the Client, he/she should inform the
Client of such a condition or situation.
 ARTICLE III

THE ARCHITECT'S RESPONSIBILITIES IN RELATION TO HIS/HER

CLIENT

4.10 shall include in his/her agreement with the Client a clause providing for
negotiation, mediation/conciliation and/or arbitration as alternative methods for the
settlement of disputes.

4.11 shall carry out his/her professional work without undue delay and within an
agreed reasonable time limit.

4.12 shall keep the Client informed at all times of the progress of the work undertaken
on the Client's behalf and of any issue that may affect project quality and cost.
 ARTICLE IV

THE ARCHITECT'S RESPONSIBILITIES IN RELATION TO CONTRACTOR

Section 5. Relations with Contractor. - The Contractor depends upon the Architect to
safeguard fairly the Contractor's interest as well as those of the Client; and,
accordingly he or she

5.1 shall give the Contractor every reasonable assistance to enable him/her to fully
understand the contents of the Contract Documents by furnishing clear, definite, and
consistent information in all pertinent contract documents to avoid unnecessary
mistakes that may involve extra costs to either the Contractor or the Client.
 ARTICLE IV

THE ARCHITECT'S RESPONSIBILITIES IN RELATION TO CONTRACTOR

5.2 shall not knowingly call upon the Contractor to correct or remedy oversights or
errors in the Contract Document to the Contractor's or the Owner's financial
disadvantage.

5.3 shall immediately upon his/her personal knowledge and inspection, reject or
condemn material, equipment, or workmanship which is not in conformity with the
Contract Documents in order not to cause unnecessary delay and additional expense
to the Contractor.
 ARTICLE IV

THE ARCHITECT'S RESPONSIBILITIES IN RELATION TO CONTRACTOR

5.4 shall reject any offer of free professional engineering or allied design service/s, or
receive any substantial aid, gifts, commissions, or favors from any Contractor or
Subcontractor which will tend to place him/her under any kind of obligation to return
such favors.

5.5 shall promptly inspect each phase of the work completed and if found according to
the terms of the Contract Documents, issue the corresponding Certificates of
Payment and the Final Certificate of Completion, respectively, to the Contractor.
 ARTICLE V

THE ARCHITECT'S RESPONSIBILITIES IN RELATION TO

MANUFACTURERS/DEALERS AND AGENTS

Section 6. - Relations with Manufacturers, Dealers, and Agents. - An exchange of

technical information between the Architect and those who manufacture, supply, and
handle building materials or equipment is necessary and, therefore, encouraged and
commended, provided that: he/she
 ARTICLE V

THE ARCHITECT'S RESPONSIBILITIES IN RELATION TO

MANUFACTURERS/DEALERS AND AGENTS

6.1 shall not solicit free professional engineering/allied design or other technical
services from manufacturers or suppliers of building materials or equipment when
these are accompanied by an obligation detrimental to the best interest of the Client,
or which may adversely affect the Architect's professional opinion.

6.2 shall not seek commissions, discounts, fees, gifts, or favors from agents or firms
handling building materials or equipment which may place him/her in a reciprocal
frame of mind. All market discounts shall be credited to the Client.
 ARTICLE VI

THE ARCHITECT'S RESPONSIBILITIES IN RELATION TO HIS/HER

COLLEAGUE AND SUBORDINATES

Section 7. Relations with his/her colleagues and subordinates. - The Architect has
moral responsibilities towards his/her profession, his/her colleagues, and his/her
subordinates; and, accordingly, he or she

7.1 shall not render professional services without a professional service agreement.
He/she shall neither offer nor provide preliminary services on a conditional basis prior
to definite agreement with the Client for the commission of the project.
 ARTICLE VI

THE ARCHITECT'S RESPONSIBILITIES IN RELATION TO HIS/HER

COLLEAGUE AND SUBORDINATES

7.2 shall abide by the Basic Minimum Fee prescribed under the "Standards of
Professional Practice". He/she shall not use donation of professional services as a
device for obtaining competitive advantage except for worthy civic or religious
projects. Neither shall he/she submit solicited or unsolicited sketches or drawings in
competition with other Architects unless such competitive arrangements are
conducted substantially under the terms of me Architectural Competition Code.
 ARTICLE VI

THE ARCHITECT'S RESPONSIBILITIES IN RELATION TO HIS/HER

COLLEAGUE AND SUBORDINATES

7.3 shall not, in any case, enter as competitor in any Architectural Competition
when he/she has direct involvement in the formulation of the Program thereof,
or when he/she has been engaged to act as Professional Adviser or Juror for such
competition. Neither shall the Architect accept and act as professional adviser or juror
in any architectural competition when he/she has had any information or has reviewed
or assisted in the preparation of such competition. Nor shall be retained as a
professional adviser in a competition, accept employment as an Architect for the
competition project, except as Consulting Architect.
 ARTICLE VI

THE ARCHITECT'S RESPONSIBILITIES IN RELATION TO HIS/HER

COLLEAGUE AND SUBORDINATES

7.4 shall not, under any circumstances or through any means, solicit any project
already known to him/her as previously committed to another Architect, whether such
a commitment is still in the process of negotiation or has already been definitely
agreed upon.

7.5 shall not undertake a commission for which he/she knows that another Architect
has been previously employed unless he/she notifies me other Architect of the fact in
writing and has conclusively determined that the original employment has been
terminated and duly compensated for.
 ARTICLE VI

THE ARCHITECT'S RESPONSIBILITIES IN RELATION TO HIS/HER

COLLEAGUE AND SUBORDINATES

7.6 shall not undertake a commission for additions, rehabilitation, or remodeling of any
erected structure undertaken previously by another Architect without duly notifying
him of the contemplated project even when the Client/Owner is no longer the
same. When the greater mass, area, or design of the original structure is substantially
maintained, the new Architect should limit his/her advertisement or claim only to the
extent of the specific work he/she has done to me structure. Whenever the nature of
work involved examples of our architectural heritage, the Architect must look at
all possibilities of restoration.
 ARTICLE VI

THE ARCHITECT'S RESPONSIBILITIES IN RELATION TO HIS/HER

COLLEAGUE AND SUBORDINATES

7.7 shall not maliciously, or unfairly criticize, or discredit another Architect or the
latter's work.

7.8 shall refrain from associating himself/herself with, or allowing the use of his/her
name by any enterprise that may negatively affect himself/herself or the architectural
profession.
 ARTICLE VI

THE ARCHITECT'S RESPONSIBILITIES IN RELATION TO HIS/HER

COLLEAGUE AND SUBORDINATES

7.9 shall not affix his/her signature and seal to any plans or professional documents
prepared by other persons or entities and not done under his/her direct personal
supervision.

7.10 shall provide employees and subordinates with a suitable work environment,
compensate them fairly, and facilitate their professional advancement. He/she shall
tutor and mentor the young aspirants towards the ideals, functions, duties, and
responsibilities leading to the ethical practice of the architectural profession.
 ARTICLE VI

THE ARCHITECT'S RESPONSIBILITIES IN RELATION TO HIS/HER

COLLEAGUE AND SUBORDINATES

7.11 shall unselfishly give his/her share in the transfer of technical knowledge and
experience to his/her colleagues and young aspirants and do his/her part in fostering
unity in the furtherance of the profession.

7.12 shall unselfishly give his/her time and effort to the advancement of the profession
thru his/her active and personal commitment and involvement with the Integrated and
Accredited Professional Organization of Architects (IAPOA) and in undertaking
specific advocacy work to ultimately benefit the architectural profession.
 ARTICLE VI

THE ARCHITECT'S RESPONSIBILITIES IN RELATION TO HIS/HER

COLLEAGUE AND SUBORDINATES

7.13 shall ensure that the conduct of his/her professional practice abides by
appropriate and effective internal procedures, including monitoring and review
processes, as well as sufficient qualified and supervised staff to enable the firm to
function efficiently.

7.14 shall neither appropriate the intellectual property of, nor unduly take advantage of
the ideas of another architect without express authority from the originating architect.
 ARTICLE VI

THE ARCHITECT'S RESPONSIBILITIES IN RELATION TO HIS/HER

COLLEAGUE AND SUBORDINATES

7.15 shall build his/her professional reputation on the merits of his/her own service
and performance and shall strive to continuously update his/her professional know-
how. He/she shall recognize and give credit to others for professional work performed.
 ARTICLE VI

THE ARCHITECT'S RESPONSIBILITIES IN RELATION TO HIS/HER

COLLEAGUE AND SUBORDINATES

7.16 shall not, when offering services as an independent consultant, quote a fee
without first receiving an official invitation for him/her to do so. The Architect must
have sufficient information on the nature and scope of the project to enable him/her to
prepare a fee proposal clearly indicating the services covered by the fee in order to
protect the Client and the public from under-resourcing or under-pricing by some
unscrupulous parties.
 ARTICLE VI

THE ARCHITECT'S RESPONSIBILITIES IN RELATION TO HIS/HER

COLLEAGUE AND SUBORDINATES

7.17 shall not undertake professional work unless the parties shall have clearly
agreed in writing to the terms of the architectural commission, to wit:
7.17.1 Scope of work,
7.17.2 Delineation of responsibilities,
7.17.3 Any limitation of responsibilities,
7.17.4 Fee or method of calculating it,
7.17.5 Mode of alternative dispute resolution, and
7.17.6 Any provision for termination.
 ARTICLE VI

THE ARCHITECT'S RESPONSIBILITIES IN RELATION TO HIS/HER

COLLEAGUE AND SUBORDINATES

7.18 shall continue to raise the standards of aesthetic excellence, functional

logic, architectural education, research, training, and practice.

7.19 shall, as appropriate, promote the allied arts and contribute to the
knowledge and capability of the construction industry.

7.20 if he/she possesses substantial information which leads to reasonable belief that
another Architect has committed a violation of this Code, shall file a formal complaint
with the designated body.
 ARTICLE VI

THE ARCHITECT'S RESPONSIBILITIES IN RELATION TO HIS/HER

COLLEAGUE AND SUBORDINATES

7.21 if he/she is leaving his/her Architect-Employer shall not, without the

permission of the latter, take with him/her designs, drawings, data, or other
relevant materials even if personally performed by him/her. On the other hand,
the Architect-Employer shall not unreasonably withhold such permission, except when
some confidentiality of any such documents must be reasonably protected.

7.22 shall not discriminate on grounds of race, national origin, age, gender,
marital status, religion, or any disability which would hinder the performance of
his/her professional work.
 ARTICLE VIII

MISCELLANEOUS PROVISIONS

Section 9. Liabilities and Penalties. Any registered and licensed architect or a grantee
of a temporary/special permit who violates any provision of this Code shall be liable
under Sec. 23 (f), Art. III and Sec. 29, Art. lV of R.A. No. 9266 and under Sec. 23 (f),
Rule III and Sec. 29, Rule IV of Board Resolution No. 07, Series of 2004; and,
accordingly, shall be meted out with the penalty of suspension or revocation of the
validity of certificate of registration, or cancellation of a special/temporary permit by
the Board, and/or of a fine of not less than One hundred thousand pesos
(P100,000.00) but not more than five million pesos (P5,000,000.00) or to suffer
imprisonment for a period of not less than six (6) months or not exceeding six
(6) years, or both at the discretion of the court, respectively.
 ARTICLE VII

ARCHITECTS CREDO