Professional Standard of Care

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What is "professional negligence" and how is it proved? Negligence is a technical legal term which implicates that any professional can be held negligent if they are not reasonably competent or have failed to exercise due care under the circumstances. Professionals must possess the requisite skills for projects undertaken and must not undertake projects which are beyond their own techinical abilities, nor their junior personal.
What is "standard of care" with respect to "professional standards"? Essentially, as Standard is a 'set' 'determined' 'ruled' or 'regulated' criteria, by a Professional Organization, or Government (whether Municipal, Provincial, or National) that determines a level of qualifications that a Professional is expected to have achieved and maintain. It also implies a 'code' of conduct as well.
How should hazards/benefits of innovative construction technology be handled? 1. The architect should undertake appropriate investigation and research. All research material should be retained in the project files as evidence of appropriate consideration to the procedure. 2. Architects should not include materials, processes, or equipment in their specifications if they are not reasonably aware of all relevant characteristics. 3. When proposing the employment of experimental, unfamiliar, or untried, materials, methods or firms, the architect should take the precaution of documenting the circumstances of the decision. 4. In assessing the advisability of using new materials or processes, the architect should require the vendor to submit samples, specifications, details, test reports, engineering studies, photographs, addresses and dates of installations, and the names of previous specifiers and users. The Architect should critically review the suppliers submissions. 5. The architect should apply careful reasoning in analyzing the phenomenon or proposed procedure to make sure that no known general principles are being violated.
What is the designer's responsibility to the client in these matters? Obtain informed consent of the client when pioneering new areas. Innovation should always be disclosed to the client, advantages, downside risks, and possible side effects discussed, and informed permission obtained before proceeding.
What is involved with the review of the work? Reviewing the drawings, specifications, and bidding documents for compliance with the client's instructions and program; the building code, proper use of materials, correct application of construction techniques and processes. They should also check for coordination within documents and for carrying out recommendations of expert consultants.
How should routine imperfections be handled? Knowing that clients will have to pay costs for non-negligent architectural error, architects should discuss the entire matter with all prospective clients before signing architectural service agreements. Voluntarily providing the client with all related architectural services to correct the error without cost to the Owner (or Contractor.)
When and how much should an architect pay for errors? The architect can be held financially responsible if the mistake has resulted from the negligence or intentional misconduct of the architect, architects employees, or engineering consultants.
How much? Couldn't find answer??
Explain why error-control is a matter of attitude rather than perfection. At present attitude and procedures are based on idealistic concept and perceptions. Conventional attitudes of Owners, Contractors, and Architects must be adjusted to accept the inevitability of anomalies and ambiguities in the contract documents. In other words, the need to be realistic, the Architects are human!
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