amending the uap documents (with focus on design services/ fees ) on the occasion of the feb 2007...

Amending the UAP Documents (with Focus on Design Services/ Fees)

On the Occasion of the Feb 2007 UAP Area-A AssemblyVilla Navarro Beach Resort/Village, Bgy. Santiago Norte, Caba, La Union

with the Theme: “Diversity in the Architecture Profession: AYAN ang Ipagdiwang Natin (DAP-AYAN 2007)”

by Archt. Armando Dominador N. ALLÍ

(Resource Person)

IAPOAIAPOA PRBoAPRBoA

1. The Hierarchy of Philippine Laws1. The Hierarchy of Philippine Laws (lower than the 1987 Constitution & International Treaties (lower than the 1987 Constitution & International Treaties in which the Philippine Government is a Signatory) in which the Philippine Government is a Signatory)

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_Amending the UAP Documents (with Focus on Design Services/ Fees) 23 February 2007 by Archt. Armando Dominador N. ALLI

Very Important Note:AS PART OF RA 9266’S REGULATORY FRAMEWORK, THE UAP DOCUMENTS CAN EITHER BE PART OF THE IRR OF RA 9266 (AS PROMULGATED BY THE PRC IN 1979) OR IT MAY BECOME PART OF THE GUIDELINES SUPPORTING THE IRR(AS PROMULGATED BY THE PRBoA).

IAPOAIAPOA

Note: Laws and regulations are more stringent as these are detailed.

PRBoAPRBoA

2. What are the UAP Documents? 2. What are the UAP Documents? a. The UAP Documents are part of the body of laws presently

governing the practice of architecture in the Philippines; b. The UAP Documents were part of the Implementing Rules and

Regulations (IRRs) of RA 545 (of 1950), as amended by RA 1581 (of 1956) and were promulgated as such by the PRC in 1979; the promulgation only covered UAP Docs 200 and 201 through 208;

c. UAP Docs 209 through 211 were later added but these may not have been officially promulgated by the PRC as part of the IRR;

d. The UAP Documents are specifically referred to in RA 9266 on at least 5 instances as The Code of Ethical Conduct and Standards of Professional Practice [reference Sections 7.(g), 9.(b), 23.(f), 29. and 41.]; and

e. Until officially amended by the PRBoA with requisite PRC approval, the 1979 UAP Documents shall continue in the interim to be part of the IRR of RA 9266. _____________________________________________________________________________________________________________________________________________________



3. What has happened to the UAP Docs since3. What has happened to the UAP Docs since the March 2004 approval of RA 9266? the March 2004 approval of RA 9266?a. A UAP Task Force under the UAP College of Fellows (CoF)

started work on the amendments to the UAP Docs in late 2004;b. The amended UAP Document 200 was officially promulgated by

the PRBoA with the requisite PRC approval in mid-2006; c. The draft of UAP Doc 201 (Pre-Design Services) was forwarded

to the PRC c. 17 January 2007 and is under PRBoA review;d. The draft of UAP Doc 208 (Selection of the Architect and

Methods of Compensation) was forwarded to the PRC c. 23 Jan 2007 and is under PRBoA review;

e. The draft of UAP Doc 207 (Design-Construct Services) was forwarded to the PRC c. 14 Feb 2007 and is under PRBoA review;

f. The drafts of UAP Docs 202, 203, 204, 205 and 206 as well as UAP Docs 209 and 210 are not yet with the PRC/ PRBoA.

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4. Compartmentalized Architectural Services 4. Compartmentalized Architectural Services a. Three (3) types of Architects are clearly specified under

Section 3.2 of RA 9266 i.e. 1) the “Architect-of-record” (Aor), 2) the “Architect-in-charge of construction” (Aicc) and 3) the “Consulting Architect” (CA);

b. It is therefore possible that three (3) different Architects may be involved in the same Project at different times/ phases of the Project or even simultaneously; and

c. It is also therefore possible to confine one’s offer of architectural services to what is initially or actually required by the Project and/or by the Client i.e. Architects do not have to offer an entire set of architectural services that carries a higher price tag; Architects therefore have a better chance of getting involved in a project by offering only what is needed.

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5. Architectural Planning and Design Services 5. Architectural Planning and Design Services a. Architectural Plan Preparation is vastly different from

Architectural Design Preparation but both may be undertaken simultaneously or in synchronized phases by the same or by different Architects;

b. Architectural Plan Preparation involves both Pre-Design and Regular Design Services covering Site Analyses, Code Searches, Architectural and Standards Research, Space Planning, Operational and Use Surveys and Analyses, Architectural Programming including Space-Time-Motion Studies, Space Planning, Furniture and Equipment Layouting, Project Conceptualization, Site Development Planning, Architectural Plan Preparation and like activities;

c. Architectural Design preparation basically cover Regular Design and Contract Documentation Services ranging from architectural plan refinement/ detailing, specification, estimation, contract document production through tendering and related pre-construction activities;

d. For large to very large Projects, Architectural Plan Preparation and Design

Preparation are undertaken by different Architectural Project Teams. _____________________________________________________________________________________________________________________________________________________



6. Segregating Detailed Engineering Service Fees 6. Segregating Detailed Engineering Service Fees a. The UAP Document 202 (Design Services) incorporate Detailed

Engineering (DE) fees as part of the Architect’s Fee;b. When an Architect contracts Detailed Architectural and

Engineering (DA&E) Services, the Architect becomes somehow contractually and civilly liable for the performance and acts of the Professional Engineers involved, particularly under Art. 1723 of the Civil Code;

c. A possible best practice may be to segregate the Engineering portion of the DA&E Services, have the Professional Engineer separately offer the DE Services and have the Architect charge separate DA&E coordination fees on top of the fee for DA Services ; this has the overall effect of lowering the Architect’s Fee proposal, taxes, professional responsibilities and civil liability;

d. The lower Fee offer (minus DE Services) may actually help the Architect get involved in the Project.

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7. The Architectural Service Agreement 7. The Architectural Service Agreement a. RA 9266 section 30 prescribes an executed written Contract/

Service Agreement before an Architect performs any form of architectural service;

b. Presently, both RA 9266 and its IRR and the IRR of RA 9184 (Government Procurement Reform Act/ GPRA of 2003) specifically prohibit the requirement, preparation and submission of architectural plans as part of the public sector (national and local governments and government-owned and controlled corporations/ GOCCs) procurement process for architectural consulting services; and

c. the provisions specifically refer to architectural solutions to the architectural problems that are the subject of the procurement process; in such situations, the Architects not only have no guarantee of payment but they also lose ownership and copyright to their works.

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8. Ownership and Copyright Provisions 8. Ownership and Copyright Provisions a. Architectural Plan/Design Ownership is jointly held by the

Architect and the Client and is applicable only for the Project described;

b. Architectural Plan/Design Copyright is maintained by the Architect (under RA 8293 and RA 9266 and their respective IRRs) and is not lost unless the Architect decides to sell or give it up; to avail of royalties to copyright, the pertinent provisions must be included in the Agreement for architectural services;

c. When submitting bids for architectural services for either government or private projects, cite both the applicable Intellectual Property Code of 1997 (RA 8293) and RA 9266 provisions concerning ownership and copyright of the architectural documents;

d. Both RA 9266 and its IRR and the IRR of RA 9184 (Government Procurement Reform Act/ GPRA of 2003) prohibit the requirement, preparation and submission of architectural plans as part of the procurement process for consulting services. _____________________________________________________________________________________________________________________________________________________



9. Architectural Service Guarantee Provisions 9. Architectural Service Guarantee Provisions a. Article 1723 of the New Civil Code (of 1954) prescribes a fifteen

(15) year maximum warranty period for an Architectural work, generally reckoned from the time of occupancy of the building (but which should actually be reckoned from the time the Contract documents have been signed/ dry-sealed by the Architect);

b. Article 1723 also prescribes a ten (10) year waiting period for a civil or damage suit to be brought against an erring Architect, reckoned from the time the defect, attributable to faulty Architectural Design, is discovered by the Client;

c. The GPRA of 2003 (procurement of consulting services for public sector projects) somehow prescribes a cost guaranty for the Architect such that the Architect becomes liable for part of cost overruns i.e. the burden of cost control is wrongly passed on to the Architect;

d. Taking the cue from the government, some large developers now require the same cost guaranty provision from Architects.

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10. Architects as the Prime or Lead Professional10. Architects as the Prime or Lead Professionala. Traditionally, the Architect is the Prime Professional for a

building or site development project; the word Architect comes the Greek word meaning “master builder”;

b. The Architect must therefore be with a Project from inception to completion; the UAP Documents already see to that!;

c. What we really have to focus on is equipping Architects with better skillsets and the correct mindset to engage in the implementation aspects of a Project e.g. project and construction management, design-construct and project administration and even of assuming the roles of constructors, developers and packagers

(we have lost to all classes of engineers by default); CPD courses leading to

such specializations should be undertaken by interested Architects asap; andd. the training, stock knowledge, skill sets and applicable

experiences of the Architect readily allows him to assume the role of Lead Profess-ional for a building design or site/physical planning

consultancy project.

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11. Architects as the Owner’s Representative11. Architects as the Owner’s Representativea. Traditionally, some Architects also acted as the Owner’s

Representative for a building or site development project; as such, the Architect is the repository of the Client’s trust;

b. As Owner’s Representative, the Architect must therefore strive to protect the Client’s interests at all times and must always make sure that these interests are not unduly nor unnecessarily compromised by the competing interests of the Constructor/ Subconstructors or even by the Architect’s very own interests;

c. As the Owner’s Representative, the Architect must always try to be on the Client’s side; however, if the Client is clearly wrong, the Architect must also strive to be impartial to properly balance the interests of the other parties in the Project; otherwise, the Architect runs the risk of suit from such parties, particularly if the Architect is at fault; and

d. The Architect must also always keep in mind that Client interests are never above public interests which Architects must also uphold. _____________________________________________________________________________________________________________________________________________________



12a. What needs to be done for the UAP Docs?12a. What needs to be done for the UAP Docs?a. For the submitted drafts of UAP Docs 201, 207 and 208, the

documents need to be more regulatory and concise (straight to the point) rather than prose in format; this can help eliminate erroneous interpretations of the intended regulations once in use; hopefully the Office of the PRC Secretary and the PRC Legal Division can both remedy this condition but it will mean much more time for PRC review and approval;

b. Similarly, the drafts of UAP Docs 202 through 206 need to be more regulatory and concise;

c. The concept of the Architect as the Owner’s Representative and his attendant responsibilities should be given much prominence in the UAP Documents; this is one way of asserting the Architect’s role as the Prime, if not the Lead Professional for the planning, design and implementation management of building and site development projects;

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12b. What needs to be done for the UAP Docs?12b. What needs to be done for the UAP Docs?d. Where applicable, the dual concepts of ownership and copyright (under RA

8293 & RA 9266 & IRRs) must always be injected in the UAP Documents;e. Construction Arbitration and Mediation must be promoted as a mode of relief or

Alternative Dispute Resolution (ADR, as prescribed under RA 9285 and its IRR) for all architectural service engagements; these ADR modes should be enshrined in architectural contracts to prevent costly non-time-bound litigation;

f. There should be a UAP Document to cover the practice of Architects in Government Service, particularly since RA 9266 Section 35 mandates that all positions in the national and local governments that require the expertise of Architects must be filled by Architects by 10 April 2007;

g. There may also be need for a UAP Document that specifically addresses group practice under a sole proprietorship (with associates), partnership, corporation and even joint venture arrangement; and

h. UAP and other legitimate offeror Continuing Professional Education (CPD) Programs must lead to architectural practice specializations clearly spelled out in the UAP Documents i.e. interconnect/ interrelate the CPD programs with specializations and the various forms of architectural practice delineated under the UAP Documents.

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13. What must we all do for the UAP Docs?13. What must we all do for the UAP Docs?a. Once the amendments are completed, we must find a cost-

effective way to mass-produce and disseminate the UAP Docs for ready use/ reference by all Architects, architectural schools and students, the local and national governments and the general public (including investors, developers, constructors and other technological professionals);

b. Be ever vigilant about violations of the UAP Docs by officially reporting violations to the UAP, the PRBoA and the PRC;

c. Educate Clients as regards the matter of mandatory compliance with the UAP Docs (always cite the same in all Your office docs);

d. Instill in Your consciousness the need to constantly advocate and protect the profession through correct professional practices as detailed in the UAP Documents (and always remember that the UAP Docs are more stringent and more issue-specific than either RA 9266 or its IRR).

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TSNTSN((TTRAIN, RAIN, SSPECIALIZE PECIALIZE

AND AND NNETWORK)ETWORK)

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Thank You Thank You and and

a Pleasant Afternoon a Pleasant Afternoon to You All!to You All!

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amending the uap documents (with focus on design services/ fees ) on the occasion of the feb 2007...

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