Duties and responsibilities of the parties involved in the building process 1. The Client PRE DESIGN STAGE The Client will appoint a designer – usually the Architect to carry out his wishes. He must secure the land on which he wishes the building to be constructed either by leasing or purchasing. DESIGN STAGE He must make decisions regarding his needs for the proposed building such as location, space to be made available, use, cost and the approximate date of occupation and convey this decisions to the Architect. He must secure funds required to erect and for the up – keep of the building. He must appoint the Quantity Surveyor and other Consulting Engineers, after consultation with the Architect. He must appoint the Contractor to erect his building and sign the contract. CONSTRUCTION STAGE Honour the payment certificates issued by the Architect and presented by the contractor. POST CONSTRUCTION STAGE He must honour the penultimate and final payment certificates issued by the Architect and presented by the Contractor. He must take occupation of the building and obtain insurance. He must settle payment of the professional fees. 2. The Architect The Architect is appointed by the Client to transfer his needs onto paper. The Clients’ reasons for appointing the Architect include some of the following: Past experience with the Architect and reputation Design abilities Ability to get the job done on time and within the budget Once appointed, the Architect becomes the Client’s Principal Agent and is responsible from then on for the aesthetic design and co-ordination of the construction team. In South African and other SADC Countries, Lesotho inclusive, the South African Institute of Architects (SAIA) sets down the Architect’s fee. The Architect’s duties include: PRE CONTRACT PHASE He may be called upon to do a viability study of a site in order to advice the client before he finally secures the land for that purpose. He formulates the client’s needs, ideas etc. in conjunction with his own ideas, cost knowledge and within the Regulations and Acts as governed by local authorities, government departments, etc. After being given the go ahead, he prepares the contract drawings with the view of calling for the tenders. He calls for tenders by advertising and or by other means. He collects and checks the tenders and forward the recommendations to the client as to which contractor to appoint. CONTRACT PHASE Pre – Construction phase He prepares the agreement and schedule of contract. He arranges the official signing of the contract. He accepts the final contract program as submitted by the successful contractor as well as accepting the contractors sub-contractors. He hands over the site to the successful contractor and have the site boundary pegs pointed out to the contractor. Construction Phase He keeps the client informed on the progress of the project. He holds the monthly site meetings with the contractor and the rest of the professional team. He issues the site instructions to the contractor as deemed necessary. He backs any additions or omissions to the project with variation orders He issues payment certificates at specified intervals using information off the recommendations issued by the quantity Surveyor for the payment purposes. Post Construction phase He issues pen – ultimate and final certificates based on the final account as agreed. He issues maintenance list and ensures that the work is rectified before being releasing the retention. 3. The Quantity Surveyor The Quantity Surveyor is the money man of the project. He is appointed by the client by virtue of his reputation and the ability to control the contracts within budget. It is his duty to ensure that the final cost does not exceed the budget by advising the Architect on cost of design changes and paying the contractor for the value of work performed. The Quantity Surveyor’s fee is as set out by the Association of South African Quantity Surveyors (ASAQS). The Quantity Surveyors’ Duties include: Pre- Contract Phase Because of his knowledge costs in the industry, he will be called upon to prepare the estimated costs from the sketch drawings and to update such estimate on alteration of such sketches. He prepares the proper Bills of Quantities, after the client has given a go ahead for the project. Together with the Architect, the Quantity Surveyor collects tenders, arranges them and advises the Architect on the merits of various contractors he considers able to execute the contract. Contract Phase After the appointment of the contractor, he will call for a priced Bills of Quantities, which he will check for calculation errors and adjustment of rate errors. When the priced Bills of Quantities is correct and to standard, he will advise the Architect that the construction process may begin. Construction Phase On monthly bases, he will compile a payment recommendation (valuation certificate) on which the Architect will base his payment certificate. In conjunction with the contractor, the Quantity Surveyor will measure and price the variation orders as they are issued and include them in his monthly recommendations. He shall keep the Architect informed, on monthly basis, as to the effect that escalation, variation orders, extras, etc. has on the original contract value as against the final projected cost. Post Construction Phase He will prepare the final Account, in conjunction with the contractor, incorporating all the variation orders, extras, the original contract sum, escalation claims and penalties. The Account will be presented to the Architect, client, for the acceptance and arrange the signing off of this account. 4. The Consulting Engineers The Consulting Engineers are appointed and paid by the Client to perform the specialist design work, which the Architect by law may not design. The Consulting Engineers Include: Structural, Mechanical, Electrical and Civil Engineers. They are usually appointed by virtue of their reputation, economic and simple design. Their fees are usually based on the value of their design work. The Engineers Duties Include: Pre contract Phase To design sections of the project which fall within their sphere of specialty. To produce data that will assist the Architect in the total design of the project and the Quantity Surveyor to cost the project more accurately. Contract Phase To ensure that the contractor understand his design. To make regular checks on contractors’ workmanship and to ensure that all his design criteria are being adhered to. To re – design sections of the project, when necessary, if variations have been affected. Where a nominated sub-contractor has been appointed to execute sections he has designed, he shall supply to the Quantity Surveyor, a monthly recommendations or valuations for inclusion in the quantity Surveyors recommendations. When a nominated sub-contractor has been appointed, he must prepare the final account of the nominated sub-contractors’ work for inclusion into the Quantity Surveyors Final Account. 5. The Clerk of Works The Clerk of Works scan be appointed by anyone on the design team, but he is usually appointed by the client who pays his salary. On complex structural contracts where it’s not possible for the Consulting Engineers to inspect all reinforcing before concrete is poured, the Clerk of Works is appointed to act as a the Engineers representative on site to inspect the steel on behalf of the Engineer and instructs the contractor to pour the concrete. Clerk of Works Duties may include: Quality control Checking the materials on site Checking and signing of Day-works (extras) Checking of levels and depth of strata in the excavations. Checking the setting out of the building Checking steel reinforcement prior to pouring of concrete. 6. The Contractor The contractor is appointed by the Client after consultation with the Architect/Quantity Surveyor. The contractor with the lowest tender does not usually get the tender as he might be considered unable to perform the tasks satisfactorily. The decision is often based on the financial security, the size of the contracting firm and past performances (reputation). In some cases the contractor may have been involved in the original design stage of the contract, but this rarely happens and usually the contractor has to compete with the other contracting firms on the open market. Pre Contract Phase When the proposed contract is advertised, his first decision is whether or not to tender. In making this decision he must decide whether or not he will have the resources; manpower, finances and the administrative setup – to execute the contract satisfactorily. If he decides to tender he shall forward his name to the principal agent to obtain a set of tender documents. It will be to his advantage to attend the pre – tender or site visit meeting arranged by the principal agent to note or identify possible problem areas. After the calculated contract price has been obtained by the pricing the Bills of Quantities, after studying the drawings, specifications, site investigation report and method statements and collecting prices from suppliers, sub-contracts and labour feedback reports, the Directors must decide on the tender amount. The tender amount will be submitted to the principal agent in a sealed envelope for opening at the pre-fixed venue, time and date, with envelopes of other tenders opened all at the same time. Contract Phase Pre Construction Phase if the tender is accepted and the builder is appointed to execute the work, the Quantity Surveyor will call for the priced Bills of Quantities, which he shall check. He must attend a meeting with the principal agent and other members of the design team to arrange the signing of the contract, handing over of the site, etc. as well as the conditions of contract, submission of the construction program and names of sub-contractors. During the pre-construction period he will prepare and submit the official construction program, muster or put together his resources and plan his site and administrative setups, methods of execution and strategies. A meeting shall be arranged by the principal agent between the professional team, nominated sub-contractors etc. to discuss the and agree on the program. Construction Phase During actual construction, it shall be his responsibility to control and co- ordinate the labour, suppliers, sub-contractors, etc. to ensure that the progress is maintained in accordance with the program and that the production costs are in accordance with the estimated costs. He will co-ordinate with the principal agent and the members of the design team or their representatives on site. He shall adhere to and complete the defect maintenance list within a reasonable period or the period specified on the contract. He shall supply the Quantity Surveyor with all relevant information to compile the final account. 7. Sub-Contractors (domestic) Are appointed by the main contractor during the contact stage. The sub- contractors perform work on site which the main contractor is unwilling or unable to perform, plumbing, electrical, waterproofing, tiling, etc. The Sub-contractors submit their prices to the main contractor, and the main contractor usually appoints the one with the lowest rates as himself so as to make a profit. It is up to the main contractor to ensure that the sub-contractor does not delay the progress on site and his workmanship is acceptable. The sub-contractor is paid directly by the main contractor once the work performed has been measured and valued. 8. Sub-Contractors (nominated) Are nominated, appointed by the principal agent, to perform specialist work on site, such as lifts, fire prevention, etc. The Quantity Surveyor estimates the value of the work to be performed by each nominated sub-contractor and the amount is included in the Bills of Quantities in the form of an Item called “Provisional Sums”. Once the work is done, the Provisional Sums is adjusted to reflect the actual work done. Once on site, it is the responsibility of the main contractor to co-ordinate the nominated sub-contractors as to ensure that they do not delay the contract. It is the responsibility of the main contractor, also to check the nominated sub-contractors’ workmanship. 9. Suppliers Are chosen the contractor to supply the various material requirements. The contractors decision to buy the from a certain supplier will be influenced by the following Credit Facilities Past experience with the supplier Prices and Proximity to the site. The suppliers duty to the contractor include: The supplier requested to quote must ensure that they can satisfy all the conditions requested by the contractor. He should ensure that the deliveries dates are met. He should issue delivery notes as required. He should give the quoted trade and cash discounts. He should submit invoices in time for payment as well as crediting the contractor for material returned due to incorrect quality and quantity. 10. Nominated Suppliers Nominated suppliers are chosen by the principal agent/client to supply specific materials that they require on site. The Principal Agent may decide that he wants special items be supplied by a certain supplier as he’s the only supplier of that particular item. The Item is measured by the Quantity Surveyor in the Bills of Quantities and is referred to as the “Prime Cost Item”. This is later adjusted to reflect the actual cost of the item when the cost is known. 11. Local Authorities (NBR) Local Authorities are completely independent bodies on the project and their duties are not only aimed at helping the Client and the design team but also the public and community. They have inspectors that check that the whole process of designing and erecting a building is done in accordance with the regulation as laid down by the local authorities and in accordance with the Act of Parliament. They have numerous duties which include the following: Receive drawing to be approved by their building committees, reference them, check them for irregularities, make out a recommendation and submit it to the committee for approval. In this process, they may have to contact the owner or designer to discuss the alterations to be done before such drawings are approved. On notification (request) from the contractor, during the construction period, they visit the site a intervals to check the following: On site toilet facilities, setting out of building(s), excavations, manhole and drain execution and layout, roof construction, etc. They do spot checks and if an item does not comply with the regulations he may serve a notice of rectification on the contractor and if no reaction, a summon to appear in court, will be issued. They may also be contacted for advise. 12. Factory Inspector They’re employed by the Department of Manpower and their duty is to check the site for compliance with Occupational Health and Safety Act. 13. National Health and safety Association This is an Association that was established to advise the employers regarding compliance with Health and Safety Regulation Acts (now, Occupational Health and Safety Act) and may be contacted for advice. 14. Manpower Inspector It is their duty to check adherence to Labour Legislation covering Labour Relations Act, Workman’s’ Compensation, Unemployment Insurance Fund, etc.