Notices :

The City of Cape Town´s Building Plan Approval Process Poster can be downloaded here: http://www.cifa.org.za/File_Uploads/Docs/BDMProcessPoster–2012.pdf

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

It has become increasingly common for professional consultants to be requested to sign letters confirming a "duty of care" in favour of banks and other financial institutions, which provide financing for building projects.

The following quotation throws some light on this matter:
"On occasion, our courts ? have followed the English law and made use of the so–called "duty of care" doctrine. According to this approach it is first asked whether the defendant owed the plaintiff a duty of care (the "duty issue"), followed by the question whether there was a breach of this duty (the "negligence issue"). If both questions are answered in the affirmative, negligence is said to be present.
For the determination of whether there was a duty of care, the criterion used is to ask whether the reasonable man in the position of the defendant would have foreseen that his conduct may cause damage to the plaintiff. To answer the second question, that is whether there was a breach of the duty to take care, consideration is given as to whether the wrongdoer exercised the care which the reasonable man would have exercised in order to prevent damage. In other words, would the reasonable man in contrast to the wrongdoer have prevented the damage? It should be noted that the duty of care is not a general duty; it is a duty only towards certain people or classes of people and not a duty towards every person. Unless the plaintiff can prove that he is someone who was owed the duty of care, he has no action: a duty of care is owed only to the so–called foreseeable plaintiff"

(NEETHLING, J., POTGIETER, J.M., and VISSER, P.J: The Law of Delict
South Africa: Butterworth 1990; p.126–127 – emphasis added).

From this it is clear that the usual onus on the bank or financial institution to demonstrate that an architect owed it a duty of care (which it may not always be successful in arguing) becomes quite unnecessary if the architect has previously signed a letter of "duty of care" conceding this point.

The Cape Institute for Architecture accordingly recommends that its members exercise caution in agreeing to these requests.

Contact: Asa at 0214247128 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

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

+– 60m2 office space to share or subdivide in historic building in Cape Town CBD with shared receptionist & cleaning with use of kitchen: R2 250– 3 750 inclusive of services depending on m2 required. AC and telephone excluded

Contact: greg Meager at 072 867 8767 or mail gregmeager@vodamail.co.za