May all architects especially the newbies learn from this topic... liability on your projects is real.. hindi biro kung baga... one thing i learned from my lolo is charge your fee accordingly coz there is project liability to consider.. Thank you sir for this discussion and may you share more of your learning and experiences to us young architects (isasama ko na sarili ko)
Meron ngwowork sa city hall (hindi naman lahat) sila gagawa ng mga plans, ipackage nila sa may ari ng 15k to 25k complete set of drawings with signed and sealed. Tapos hahanap sila ng Architect at mga engineer sa labas na pipirma ng plans 500 per floor, yong iba nmn 500 per sheet🤧. Tinanong sila bakit ang baba nman ng bayad nyo sa mga professional🥴. Sabi ng taga cityhall, "mababa nga pero makikilala naman kayo"🤧... Kaya sila yong yumayaman at nakikinabang🥴. Tapos meron p illegal practitioner, offer nila sa mga professional na pipirma 800 per sheet. Tinanong sila "ang baba naman ng bayad nyo sa mga professional na pipirma ng plans, 15 years ang liabilities🥴". Sagot nila, "walang ganun. Ganito ang labanan dito para makasurvive ka🥴". Hopefully maliwanagan ang mga professionals lalo ang newbie na wag pipirma sa mga plans lalo kung hindi sila ang nagdesign. Wag papagamit sa mga illegal practitioners. Nawawalan ng work ang mga professional dahil sa mga illegal practitioners, saklap kpag taga city hall pa, offeran lng nila ng mababa yong client.
Hi Arch. Michael, I base my computation on the Net Fee to take home, we can still deduct the expenses and taxes... baka 3 pesos per hour na lg matitira. ;-)
Architect, I wonder bakit meron pang mga building na nag ffail due to the defects in Plans and Specifications. Makakakuha ba sila nag Build Permit if mayroong defects in the plans in the first place? Eh diba yung mga plans ay "chinicheck" naman ng mga design professionals and then ng mga design professional ng OBO? Di naman ata ila mag iisue ng build permit unless ma revise yung defects in the plan and Specifications. For me architect, ang liable talaga ay sina AICC eh, si Engineer at si Contactor. Sana ma pansin mo Architect. Thanks.
sir ask ko lng po sana ma pansin po.. sir what if si Arch A is a Design service lng po and di po sya Full supervisor. Pero nung nag start na po yung construction, Arch A hired as an consulting arch parang di po sya full time supervisor architect po. Then bigla pong nag collapse yung building due to constructions error. my kasalanan padin po ba si arch A.?? even thou design and consultation service rendered yung work ni arch A. po?? if yes po yung sagot nyu.. Follow up question ko po is tama namn po yung nasa plans and other document how come po na liable padin po sya sa art. 1723.? mraming salamt po .... sana po ma pansin ..
How do architects protect themselves financially in case such unfortunate situation happened? Is there any insurance company that can cover the architect here financially?
I believe none. But for the project if the Owner with require the Architect of Professional Liability Insurance to cover errors on plans then damages shall be claimanable to the PLI.
Boss Architect, ano po ang advantage kung incorporated yung architect? Pagdating ng claim di ba po hindi naka attached yung personal property ng architect?
Maestro, konting comment at tanong lang po. may engr na pumirma ng structural drawings and calculations di ba? Bakit nasama sa architect’s liability kung sakaling nag collapse ang structure? Di ba engr’s liability yun? Basi dyan sa breakdown mo, lalabas na P0.547/day lang ang rate ng engr against 51.97 sa arch. Thinking na nilagay lng naman ng arch. sa drawing ang result ng calculations na ginawa ng engr basi sa kanyang structural analysis and design. Salamat
Thank you for the question. No. 1. The law (Art. 1723 of the Civil Code) provides the word "solidary" meaning "kasama" with the Contractor na liable for the collapse of the buidling if the reason is due to the "defect" in those plans and specifications. 2. The law (Art. 1723 of the Civil Code) does not use the word "and" to become automatic, the use the word "or" so meaning determinative on whose fault that would came out after later after proper investigation. 3. If the Architect is not liable in the plans and specification, but he is the one who supervises the construction and he has lapses in the implementation by deviating the details in the actual construction by giving instructios, approvals etc. without approval by the concern structural engrs, then the architect may also be "solidary" liable. (read last sentence of the first par. of Art. 2723). Thank you.
@UCFOZEcdNI4yb7HjhWlsgkqA Hi. Thank you for your question. The law says in Art. 1723 of the Civil that the Architect who draw up the plans and specifications is Solidarily liable with the Contractor, note on this also that the Civil Code in pronouncing such a statement was drafted during 1950's, while in todays generation the AOR can now be separated its function to the AICC, and therefore at the first instance of filing a case when the collapse will occur will both solidarily be charge until the Court can determine whose fault has contributed to the collapse of the structure. Secondly, UAP Doc 301 if issued can only be the basis of contract administration procedure in construction management and implementation and not the general basis of liability, unless a breach of which is apparent. In the construction industry it is not the UAP Doc. 301 which is the basis of industry practice but the CIAP 102 which is similar to the UAP Doc 301 as more updated and cited by the Court as an industry practice reference.
question, pano po naging bayad nung indemnity? between the architect and contractor na po ba yun? parang refunded yung design fee and construction fee po ba ang nangyari?
Architect Maestro, Question 1. okay lang po ba na magbigay ng Certification tulad ng breakdown ng Fees and Liabilities sa Client? Question 2. if okay na magbigay ng ganyang sample of breakdown kay client mas okay po na na beforehand or after construction ibigay ang certification para may extra na pinanghahawakan si client satin.
hindi ko po maintindihan yung "deviation" sa example, is that equivalent to "faulty design". kasi kung may deviation sa drawings and specification, isn't that the contractor's fault for deviating from the plans and specs? also, if the the building tilted, it is obviously a structural design fault, so did the architect designed the structural too under his company? then what happens if we only did the architectural part and the structural design was done by an independent consultant?
1. Generally under Art. 1723 of the Civil Code the Architect was specifically mentioned. 2. The Architects liability is limited to the drawings and specifications he prepared. 3. When there is a collapse, still the court will determine the true cause of the collapse before other professionals be relieve of the liability. 4. in R.A. 545 Architects were allowed to do structural design while in R.A. 9266 he is not, but he can be jointly liable if he is the In-Charge-of Construction. It all boils down to the Court determination when the collapse happen. Thanks.
A coffee talk with Maestro pero diba po sa Structural application meron 2 professionals n magsign n seal one for the design & one for the structural supervision.. so un po ang may liability sa structural, & not the supervising Architect?
Hi William, Yes. Art. 20 No. of R.A. 9266 provides that "Drawings and specifications duly signed, stamped or sealed, as instruments of service, are the intellectual properties and documents of the architect, whether the object for which they are made is "executed or not,...xxx..."
laki ng charge nyo sa clients..... eh ang babarat mag bigay sa Reg. Elec. nasa 500, Prof E 500, plumbing nasa 250, struct Engr na napakalaking liability eh 25 per square meters lang.....hahaha what a joke Sigurado talaga! Sigurado ang fees nyo.....haha
May all architects especially the newbies learn from this topic... liability on your projects is real.. hindi biro kung baga... one thing i learned from my lolo is charge your fee accordingly coz there is project liability to consider.. Thank you sir for this discussion and may you share more of your learning and experiences to us young architects (isasama ko na sarili ko)
Thank you Sir for the very interesting topic, akala nila masaya ang life ng Architect! Good Luck!
Sir for sure madali mong makukuha ang requirement s ni RUclips dahil ung mga videos mo ay papanoorin tlaga hanggang matapos hnd sila click bait lng
Meron ngwowork sa city hall (hindi naman lahat) sila gagawa ng mga plans, ipackage nila sa may ari ng 15k to 25k complete set of drawings with signed and sealed. Tapos hahanap sila ng Architect at mga engineer sa labas na pipirma ng plans 500 per floor, yong iba nmn 500 per sheet🤧. Tinanong sila bakit ang baba nman ng bayad nyo sa mga professional🥴. Sabi ng taga cityhall, "mababa nga pero makikilala naman kayo"🤧... Kaya sila yong yumayaman at nakikinabang🥴.
Tapos meron p illegal practitioner, offer nila sa mga professional na pipirma 800 per sheet.
Tinanong sila "ang baba naman ng bayad nyo sa mga professional na pipirma ng plans, 15 years ang liabilities🥴".
Sagot nila, "walang ganun. Ganito ang labanan dito para makasurvive ka🥴".
Hopefully maliwanagan ang mga professionals lalo ang newbie na wag pipirma sa mga plans lalo kung hindi sila ang nagdesign. Wag papagamit sa mga illegal practitioners.
Nawawalan ng work ang mga professional dahil sa mga illegal practitioners, saklap kpag taga city hall pa, offeran lng nila ng mababa yong client.
Thank you po sir . For another learning..
This is a very clear calculation of the Architect's Liability Period for 15 years after the completion of the project...
Hi Arch. Michael, I base my computation on the Net Fee to take home, we can still deduct the expenses and taxes... baka 3 pesos per hour na lg matitira. ;-)
Architect, I wonder bakit meron pang mga building na nag ffail due to the defects in Plans and Specifications.
Makakakuha ba sila nag Build Permit if mayroong defects in the plans in the first place?
Eh diba yung mga plans ay "chinicheck" naman ng mga design professionals and then ng mga design professional ng OBO?
Di naman ata ila mag iisue ng build permit unless ma revise yung defects in the plan and Specifications.
For me architect, ang liable talaga ay sina AICC eh, si Engineer at si Contactor.
Sana ma pansin mo Architect. Thanks.
sir ask ko lng po sana ma pansin po..
sir what if si Arch A is a Design service lng po and di po sya Full supervisor. Pero nung nag start na po yung construction, Arch A hired as an consulting arch parang di po sya full time supervisor architect po. Then bigla pong nag collapse yung building due to constructions error. my kasalanan padin po ba si arch A.?? even thou design and consultation service rendered yung work ni arch A. po??
if yes po yung sagot nyu.. Follow up question ko po is tama namn po yung nasa plans and other document how come po na liable padin po sya sa art. 1723.?
mraming salamt po .... sana po ma pansin ..
How do architects protect themselves financially in case such unfortunate situation happened? Is there any insurance company that can cover the architect here financially?
I believe none. But for the project if the Owner with require the Architect of Professional Liability Insurance to cover errors on plans then damages shall be claimanable to the PLI.
Boss Architect, ano po ang advantage kung incorporated yung architect? Pagdating ng claim di ba po hindi naka attached yung personal property ng architect?
Maestro, konting comment at tanong lang po. may engr na pumirma ng structural drawings and calculations di ba? Bakit nasama sa architect’s liability kung sakaling nag collapse ang structure? Di ba engr’s liability yun? Basi dyan sa breakdown mo, lalabas na P0.547/day lang ang rate ng engr against 51.97 sa arch. Thinking na nilagay lng naman ng arch. sa drawing ang result ng calculations na ginawa ng engr basi sa kanyang structural analysis and design. Salamat
Thank you for the question. No. 1. The law (Art. 1723 of the Civil Code) provides the word "solidary" meaning "kasama" with the Contractor na liable for the collapse of the buidling if the reason is due to the "defect" in those plans and specifications. 2. The law (Art. 1723 of the Civil Code) does not use the word "and" to become automatic, the use the word "or" so meaning determinative on whose fault that would came out after later after proper investigation. 3. If the Architect is not liable in the plans and specification, but he is the one who supervises the construction and he has lapses in the implementation by deviating the details in the actual construction by giving instructios, approvals etc. without approval by the concern structural engrs, then the architect may also be "solidary" liable. (read last sentence of the first par. of Art. 2723). Thank you.
@UCFOZEcdNI4yb7HjhWlsgkqA Hi. Thank you for your question. The law says in Art. 1723 of the Civil that the Architect who draw up the plans and specifications is Solidarily liable with the Contractor, note on this also that the Civil Code in pronouncing such a statement was drafted during 1950's, while in todays generation the AOR can now be separated its function to the AICC, and therefore at the first instance of filing a case when the collapse will occur will both solidarily be charge until the Court can determine whose fault has contributed to the collapse of the structure. Secondly, UAP Doc 301 if issued can only be the basis of contract administration procedure in construction management and implementation and not the general basis of liability, unless a breach of which is apparent. In the construction industry it is not the UAP Doc. 301 which is the basis of industry practice but the CIAP 102 which is similar to the UAP Doc 301 as more updated and cited by the Court as an industry practice reference.
question, pano po naging bayad nung indemnity? between the architect and contractor na po ba yun? parang refunded yung design fee and construction fee po ba ang nangyari?
Architect Maestro,
Question 1. okay lang po ba na magbigay ng Certification tulad ng breakdown ng Fees and Liabilities sa Client?
Question 2. if okay na magbigay ng ganyang sample of breakdown kay client mas okay po na na beforehand or after construction ibigay ang certification para may extra na pinanghahawakan si client satin.
Sir Yong recommended 10% professional fee of architect is not included the other allied designs?and also the signed and sealed not included?
Include the normal Allied services.
@@Ma3stro-752 I mean the structural, electrical,plumbing,
@@arkhidezzbuilders176 Yes. the Basic design services.
hindi ko po maintindihan yung "deviation" sa example, is that equivalent to "faulty design". kasi kung may deviation sa drawings and specification, isn't that the contractor's fault for deviating from the plans and specs? also, if the the building tilted, it is obviously a structural design fault, so did the architect designed the structural too under his company? then what happens if we only did the architectural part and the structural design was done by an independent consultant?
1. Generally under Art. 1723 of the Civil Code the Architect was specifically mentioned. 2. The Architects liability is limited to the drawings and specifications he prepared. 3. When there is a collapse, still the court will determine the true cause of the collapse before other professionals be relieve of the liability. 4. in R.A. 545 Architects were allowed to do structural design while in R.A. 9266 he is not, but he can be jointly liable if he is the In-Charge-of Construction. It all boils down to the Court determination when the collapse happen. Thanks.
@@Ma3stro-752 thank you for your reply.
A coffee talk with Maestro pero diba po sa Structural application meron 2 professionals n magsign n seal one for the design & one for the structural supervision.. so un po ang may liability sa structural, & not the supervising Architect?
Is the Architect/Engineer will be held liable even if the client dont file or process a building permit? just asking. Thank you.
Hi William, Yes. Art. 20 No. of R.A. 9266 provides that "Drawings and specifications duly signed, stamped or sealed, as instruments of service, are the intellectual properties and documents of the architect, whether the object for which they are made is "executed or not,...xxx..."
laki ng charge nyo sa clients.....
eh ang babarat mag bigay sa Reg. Elec. nasa 500, Prof E 500, plumbing nasa 250, struct Engr na napakalaking liability eh 25 per square meters lang.....hahaha
what a joke
Sigurado talaga! Sigurado ang fees nyo.....haha