|
Professionals are required to discharge their obligations and commitments diligently and befitting with quality and standards of services. The laws of the land mandate that the professionals should provide services to the consumers in a required manner exercising duty of care and while doing so they should not commit any negligent act. In order to protect the interest of the consumers against the breach of duty, the deficient services have been defined by the statute and legal actions have been initiated on the erring professionals. The services rendered by architects have also been covered by the relevant laws of the country.
It has been often asked by the Architects why the legal action taken against architects whenever buildings or any other built form collapses of which they are the architects, without inquiring their faults and circumstances leading to the collapse. The suo motu action against architects have brought disrepute, embarrassment and mental agony to them, at a time, when they are unconnected with reasons responsible for the collapse of building.
What is the professional liability of architects for the buildings which have been designed and its construction and completion is supervised by them and thereafter, remain under the control and management of owners/ occupants, and not under the superintendence of an architect who was originally engaged for the design and supervision of construction. In reality, the longevity and stability of the building are dependent upon the observance of safety and maintenance norms
Service: "Service", as defined under Section 2 (1) (o) of the Consumer Protection Act, 1986, means service of any description which is made available to potential users and includes the provision of facilities in connection with banking, financing insurance, transport, processing, supply of electrical or other energy, board or lodging or both, housing construction, entertainment, amusement or the purveying of news or other information, but does not include the rendering of any service free of charge or under a contract of personal service. In other words, rendering professional service by an architect for "consideration" falls within the ambit of "service". The relationship between the Client and the Architect is that of recipient and provider of service. The professional services rendered by the architect mean the services rendered pursuant to the Conditions of Engagement and Scale of Charges, entered into between the Client and the Architect.
Competence: An architect, being a professional, shall possess the required knowledge and skill i.e. proficiency and competence for discharging his professional duties and functions. These are governed under the provisions of the Architects Act, 1972 and the Architects (Professional Conduct) Regulations, 1989, framed thereunder.
Duty of care: It means duty to exercise utmost skill and care. When an architect offers professional advice/architectural services, implicitly undertakes that he is possessed of the knowledge and skill for the purpose. Thus, an architect shall bring to his task a reasonable degree of knowledge and skill and must exercise a reasonable degree of care.
Duties: The duties that are required to be performed by an architect for various types of projects have been prescribed by the Council of Architecture under the Conditions of Engagement and Scale of Charges for respective areas in the field of architecture. The documents stipulate the parameters within which the Architect is required to function. However, the Conditions of Engagement and matters related therewith for a given project shall be carried out in accordance with the terms and Conditions of Agreement executed between the Client and the Architect.
|