Notices :

Upmarket office space to share in Claremont CBD with established Architect in 24hr security building, approximately 100–120m² available, use of kitchen, boardroom, large reception. The office is currently fully equipped.

Contact: Janice at 021-6713534 or mail janice@kevingadd.co.za

The business of architecture requires that members of the Institute are frequently responsible for the preparation of tender documents and agreements which make stipulations as to the appointment of mediators, adjudicators and arbitrators.

The SAIA Client/Architect Agreement (2008) makes allowance for the appointment of a mediator by agreement between the parties and, failing that, appointment of an arbitrator by the President of the South African Institute of Architects (cl.3.11).

However, the PROCSA Client/Consultant Professional Services Agreement makes allowance for nomination of a mediator and, thereafter, an arbitrator by a third–party to be named in the schedule (cl.18.2 and 18.9). A similar provision occurs in the JBCC Principal Building Agreement (cl.40.2.2 and 40.3.2) and Minor Works Agreement (cl.20.2.9).

It has become normal practice to complete these sections with the words "the President of the Association of Arbitrators", but it is not usually appreciated that this body is bound by its own rules to appoint Fellows of the Association, whom are normally legal practitioners. This is not always in the best interests of the parties to building industry contracts, particularly where the issues of dispute are of a technical or practice–related nature. In such cases, an architect or other building–industry professional may be much more suitably appointed.

The Institute has a number of members who are practicing Professional Architects with both qualifications and extensive experience in mediation, adjudication and arbitration. The Cape Institute for Architecture is therefore in a position to make nominations for suitable professional appointments where contractual agreements allow for this.

It is recommended that members who are responsible for preparing tenders and completing agreements consider stipulating that the President of the Cape Institute for Architecture will be the party responsible for such appointments.

A more detailed explanation of these processes and options may be read by clicking downloading the document here.

Contact: Asa at 0214247128 or mail info@cifa.org.za

We have received a number of queries from members regarding the suffixes to be used after their names and the order thereof.

The correct order is: Name, qualifications (optional), SACAP Registration, SAIA Membership, Regional suffix (optional), other voluntary membership.

eg. Joe Soap, B.Arch (UCT), Pr.Arch, MIArch, CIA, RIBA

Contact: Asa at 021-424 7128 or mail info@cifa.org.za

South African architects and other built environment disciplines are increasingly active outside the country´s borders.

Projects which fall outside the sphere of experience or competence of local architects, elsewhere, have often in the past been undertaken by architectural practices in Europe and America. South African architects have been found to have a level of skill, which is to some extent comparable and which has opened up opportunities.

There are substantial issues which need to be taken into consideration before embarking on a venture abroad:

Registration. Whilst there are some countries where the rules are lax, it must be ascertained whether there are legal issues regarding professional registration which have to be complied with before one is permitted to undertake architectural work of any description. Often, it is best to enter into a form of relationship with a local practice to ensure compliance.

Client/architect form of agreement. Legal systems are different for each country and work in Africa would expose one to the legal worlds of the British, Francophone and Portuguese heritage. The appropriate law needs to be clarified and understood by a practitioner engaged in such work outside South Africa.

Scope of work and fees. Fee scales elsewhere are often much lower than in South Africa. The scope of work is, however, also different. Careful attention to this aspect needs to be given as this is an area where major misunderstandings can arise, even when working with seasoned developers.

Monetary issues. The amount and timing of fees charged and method of payment needs to be defined carefully. Certain countries have a withholding tax structure. Some of these but not all have a reciprocal arrangement with the South African Revenue Service, which prevents double taxation. The currency applicable needs to be determined as there are risks associated with currency fluctuations. This has been quite dramatic at times in the recent past. Contracts have to be entered into correctly, to ensure that the VAT issue is clear. A portion of up–front fee payment is often acceptable on the continent and needs to be negotiated.

Technical documentation. Products, processes and codes used in Africa are often substantially different to those used in South Africa and very careful attention has to be given to the understanding of applicable requirements and preparation of appropriate and comprehensive documentation.

Risk. PI insurers want to know the detail of one´s involvement outside South Africa. A practitioner working outside South Africa needs to have an understanding of the potential costs of litigation outside the country and the ability to ensure for these costs.

Enjoyment. It can be very stimulating to work in different environments and work with other professionals on the continent. Friendships are made and ones horizon is broadened. We believe that it is important for South African architects to be part of an African Renaissance and to conduct themselves in accordance with our local code of ethics, for the furtherance of the profession and ultimately the development of our continent in a positive way. The above notes provide a very brief and generalised glimpse into the topic of providing a service abroad.

Contact: Asa Gordon at 021-424 7128 or mail info@cifa.org.za

Fees schedule applicable from 1 February 2010

To download the recommended Tariff of Fees for Architectural services rendered, click here.

Contact: Asa at 021-4247128 or mail info@cifa.org.za