PROFESSIONAL PRACTICE EXAM



1757045-1299845PROFESSIONAL PRACTICE EXAM – 11 APRIL 2013PAPER 1 : This is closed book paper.Total marks for this paper : 100 marks Pass mark for the examination : 55% per paper with an average of 60% for the two papers combined.Time allowed for Paper 1 : 3 hoursQuestion 115 marksComplete the following definitions as defined in the Architectural Profession Act “Act 44 of 2000”:“Voluntary Association” means (1 mark)“Actively Practice” means (1 mark)“Registration” means (1 mark)“CBE” means (1 mark)“Registered Person” means (1 mark)Answer to 1.11.1.1Voluntary Association means any voluntary association recognised by the Council in terms of section 25.(1)1.1.2Actively Practise means to practice on an ongoing basis in one of the categories contemplated in section 18, which includes a person qualified in the architectural profession who is employed by any sphere of Government or an educational institution(1)Registration means the process –Of assessment of competency of applicants for the purpose of registration under this Act, &Of entering the names of applicants who qualify into the register referred to in section 11(c)(1)CBE means the Council for the Built Environment established in terms of section 2 of the Council for the Built Environment Act, 2000 Two(1)Registered person means a person registered under one of the categories referred to in section 18(1)As the architect on a project, a product which you have specified, without the right of substitution, fails after 1 year1.2.1Name 3 forms of agreement that you could use in your appointment as architect, to indemnify yourself against a claim from the client?(6 marks)Describe the consequences, if you have not used any one of these agreements in your appointment as architect?(2 marks)According to these agreements, what is the time limit on the architect’s responsibility for any defects concerning the design and when does that period commence?(2 marks)Answers to 1.21.2.1Any of the following documents should be useda)The 2008 SAIA Client Architect Agreement with its relevant Annexures 1-6; b)The Aug 2009 Edition 2 PROCSA Terms and Conditions with Annexure A & B for the Architect; orc)By writing a letter containing a clause similar to that contained within the above two agreements (6)1.2.2Clause 3.3.3 of the SAIA CAA indemnifies the architect against the failure of products specified by trade name. If no indemnity clause is included in the architect’s appointment, then he/she is responsible ad infinitum. (2)Clause 3.2.1 of the SAIA CAA stipulates a period of 5 years from the date of practical completion (2)Question 215 marks2.1To whom must council submit their recommendations after the process of consultation? (1 mark) Answer to 2.1After the process of consultation the council must submit recommendations to the CBE regarding the work identified in terms of subsection (1), for its consideration and identification in terms of section 20 of the Council for the Built Environment Act, 2000.(1)2.2Code of Professional ConductName any five of the six rules of professional conduct (headings only)(5 marks)Answers to 2.2(a)Unprofessional conduct(1)(b)Technical competence and professional work(1)(c)Promotion of services (1)(d)Professional responsibility (1)(e) Establishment of an architectural practice and carrying on of a business(1)(f)International work(1)2.3 Duties of councilThe council must consult with: (name the four parties)(4 marks)Answers to 2.3The council must consult with – (a)All voluntary associations(1)(b)any person;(1)(c)any body; or (1)(d)any industry,(1)that may be affected by any laws regulating the built environment professions regarding the identification of the type of architectural work which may be performed by persons registered in any of the categories referred to in section 18, including work which may fall within the scope of any other profession regulated by the profession’s Acts referred to in the Council for the Built Environment Act, 2000. 2.4Continuing Professional Development (CPD)With reference to Board Notice 31 of 2009, complete the following:(5 marks)Expiry date as contemplated in Section 22 (1) of means the date marking every fifth anniversary of the date on which such a registered person has been registered by provided that, in the case of persons registered before 1 January 2007, expiry date shall mean 31 December of the year of first renewal of registration as set out in Table A (clause 15)Answers to 2.4.1“The Act”(1)“the Council”(1) means an association, institute, institution or society which is recognised by the Council as a voluntary association in terms of Section 25(3) of the Act, and recognised voluntary association has the same meaning.Answers to 1.5.3“Voluntary Association”(1)Approved CPD provider means a/an and a/an which are recognised by the Council for the purposes of offering appropriate learning in respect of Category 1 CPD activities as contemplated in clause 4.3 and Appendix AAnswers to 1.5.1“voluntary association” (1)“accredited educational institution"(1)Question 3 20 marksName a document that could be used to appoint a person in each of the following capacities on a project, and list 3 duties that each appointment will render on a project.(12 marks)3.1.1As an Ordinary Consultant (Architect)(4)3.1.2As a Principal Consultant(4)3.1.3As a Principal Agent(4)Answers to 3.1An Ordinary Consultant as an Architect, is appointedby means of either the SAIA CAA1 or the Procsa C/P Agreeement1 tofurnish the building design2 andworking documentation3 for a projectand assist the PA with quality control and supervision during construction, if so required4 A Principal Consultantcould be a professional from any built environment profession, such as a QS or PM etc, appointed by way of independent written agreement with the client5to manage6 and/or administer6 the services of all the other consultants andto co-ordinate7 andlead8 the entire professional teamA Principal Agentcould be a professional from any built environment profession, such as a QS or PM etc, appointed in terms of the JBCC PBA or similar contractual document9to manage10 andadminister11 the building contract andto certify all 3 stages of completion12If you had to be appointed in the capacities of all three types of consultants on a project, name 5 types of meetings that you will have to convene and chair, from the inception to the completion of the project.(5 marks)Answers to 3.2The Introductory and subsequent Professional Team Meetings1The Site Possession / Handover Meeting2Progress Meetings3Technical Meetings4Informal Site Meetings5Name 3 heading items you would list for discussion on the agenda for a Site Possession Meeting.(3 marks)Answers to 3.3Any 3 of the following may be listed:INTRODUCTION OF REPRESENTATIVES and AGENTSPOWERS AND DUTIES OF REPRESENTATIVES and AGENTSPROGRESS MEETINGSCONTRACTS, DATES & CONTRACT DOCUMENTATIONOHS Act, Safety Plans and Construction Regulations proceduresSITE ESTABLISHMENTCONSTRUCTION DRAWINGS & DOCUMENTATIONBASIC METHOD OF CONTRACT ADMINISTRATIONNOTICE BOARDSTELEPHONE, FAX & E-MAIL APPROVAL OF SUBCONTRACTORS & SUPPLIERSBUDGETARY ALLOWANCES & PRIME COST ITEMSSAMPLES & MATERIALS FOR APPROVAL INCLEMENT WEATHERDISRUPTIONSVALUATIONS, PAYMENT CERTFICIATES AND PAYMENTSMEASUREMENT BEFORE COVERING UP INFORMATION REQUIRED BY CONTRACTORMUNICIPAL APPROVAL/PERMITS GENERAL NEXT MEETINGQuestion 4(30 marks)NB:Please refer to the copy of Board Notice 194 of 2011 attached at the end of this question paper.A & B Accountants appoint you as the architect for their new offices. The project budget is R5 000 000.00 including VAT & includes all P.C amounts but excludes professional fees. The appointment is for a full service (stage 1-6). Board Notice 194 of 2011 Project Cost Based Fee recommends a fee of R 63 000.00 (Base Fee) plus 7.00% after conclusion of the contractors final account at the end of work stage 6, the final account amounts to R 4 951 500.00 (including VAT)4.1Calculate the fees for each work stage and the total fee. In your calculations you are to show the VAT applicable to each stage and the total. (20 marks)Answer to 4.1The budget figure of R 5 000 000, 00 is inclusive of VAT. Fees are to be calculated on the net estimated cost of the project excluding VAT (VAT is a tax and fees are not calculated on taxThe VAT to be deducted from the budget amount is 14/114 x 100 or 12, 2807%R 5 000 000, 00 x 12, 2807% = R 614 035,00 / .00cR 5 000 000, 00 – R 614 035,00 = R 4 385 965,00 / . 00cThe total fee will therefore be R 63 000,00 + 7, 00% of R 4 385 965,00 (R 307 017,55)= R 370 017,55 and total VAT will be R51 802,46=R 421 820,01(3)Fee calculation for the seven workstages:Fee for Stage 1 (Invoice 1):5% of R 370 017,55 = R 18 500,88 + 14% VAT (R2 590,12)= R 21 091,00(2)Fee for Stage 2 (Invoice 2):15% of R 370 017,55 = R 55 502,63 + 14% VAT (R7 770,37) = R 63 273,00(2)Fee for Stage 3 (Invoice 3):20% of R 370 017,55 = R 74 003,51 + 14% VAT (R 10 360,49) = R 84 364,00(2)Fee for Stage 4.1 (Invoice 4):20% of R 370 017,55 = R 74 003,51 + 14% VAT (R 10 360,49) = R 84 364,00(2)Fee for Stage 4.2 (Invoice 5):10% of R 370 017,55 = R 37 001,76 + 14% VAT (R 5 180,25) = R 42 182,01(2)Fee for Stage 5 (Invoice 6):27% of R 370 017,55 = R 99 904,74 + 14% VAT (R13 986,66) =R 113 891,40(2)Fee for Stage 6 (Invoice 7): (with final account at R 4 951 500,00 (incl. of VAT)Final contract price ex VAT (R 4 951 500,00 – R 608 078,86) The total fee will therefore be R 63 000,00 + 7.00% of R 4 343 421,14 (R 304 039,48)= R 367 039,48 + 14% VAT will be R 51 385,53= R 418 425,01Total Fees (Invoices 1-6) =R 409 165,41(3)Thus Invoice 7 Final Fees R 8 122.46 + 14% VAT (R 1 137,14) = R 9 259,60 (2)4.2Which document is intended to govern energy efficiency in building design in South Africa?(2 marks)Answer to 4.2SANS 204 / Part XA of SANS 10400(2)With regard to the above document, how does the location of the site within the country play a role? (1 mark)Answer to 4.3The country is divided into 6 climatic zones that will affect the design.(1)How many parts does this document contain?(1 mark)Answer to 4.4It contains 3 parts(1)4.5What is the function of the NHBRC?(3 marks)Answer to 4.5The NHBRC is an organ of state established to protect the interests of housing consumers and to regulate the homebuilding industry in terms of the Housing Consumer Protection Measures Act 1998 (Act No. 95 of 1998)(3)4.6What is a Rational Design?(3 marks)Answer to 4.6“Rational design” means “any design involving a process of reasoning and calculation and may include any such design based on the use of a code of practice or other relevant technical document”.(3)Question 520 marksWith regards to the structure of an Architectural Practice, illustrate a comparison between a close corporation and a partnership.(5 marks)Answer to 5.1Candidates should include at least some of the following in their answers:Close CorporationPartnershipRegistrationFounding Statement onlyNoOperating CapitalMembersPartnersRiskDebt limitedProfessional unlimitedPartners jointly and severally responsible for all professional and debt riskDividends & ProfitDecision of membersMay retain portion for future yearsAll profit must be allocated to partners as income.Maximum number of participants10 members20 partnersPerpetual successionYesNoThe advantage of a close corporation over a partnership is that of separation of business and personal affairs in the cc whereas in a partnership the partners’ liability is unlimited and personal assets are at risk.A partnership does not have perpetual succession. When a partner dies, retires or resigns, the partnership comes to an end and a new partnership consisting of the remaining partners has to be brought into being.(5)Which items do you believe should be considered for inclusion when drawing up a partnership agreement, articles of association or company rules?List 10.(10 marks)Answer to 5.2List any 10The title of the practice and provision for changing it.(1)The area where the business is to be established(1)The management structure (who will be responsible for major decisions, engaging and discharging staff, salary increments, bonuses and all other staff matters).(1)Profit and loss. How will it be shared, who has the authority to make changes, share allocations, etc.(1)Salaries: agree on a system for increases or decreases(1)Expenses. These should be controlled by agreement; entertainment, class of air travel, client lunches etc.(1)Leave and sick leave – how much, how long, when, long leave(1)Retirement. What happens when a partner/director dies, resigns or retires. Retirement age. Notice period on resignations etc.(1)Practice liabilities: limiting a partner/director standing surety in personal capacity or committing the business.(1)Introduction of new partners/directors.(1)Professional consultants: agreement on insurance, legal, accounting and banking services for the business.(1)Restraint of trade: legal advice needed(1)Operating capital: bank overdraft. Own capital(1)Drawings as opposed to salaries(1)Vehicle and traveling costs. Agree on value and replacement periods.(1)Medical Aid Schemes(1)Pension Schemes. Either individual or firm’s own scheme.(1)Which professionalWhich professional consultants should you appoint to advise you when setting up a new practice and why?(5 marks)Answer to 5.3a)Legal advisor to prepare agreements, consult on legal matters(1)Insurance Broker to advice on practice insurances, professional indemnity, loss of data, electronic equipment, motor insurance, personal insurance, accident, etc.(2)Accountant/financial advisor for financial advice, bookkeeping services, auditing accounts, vat, tax, etc.(1)Banker. Banks play an important role when setting up and maintaining a new business. Good relations with the bank manager are essential.(1)TOTAL100 MARKS ................
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