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NCARB ARE CDS - Pro Practice: Questions & Solutions
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NCARB ARE CDS - Pro Practice: Questions & Solutions
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NCARB ARE CDS - Pro Practice: Questions & SolutionsNCARB's rule of conduct Right Ans - Adopted, with modifications by
member boards as part of the licensing regulations that apply to individual
architects. The AIA has also established a code of ethics and professional
conduct.
Under the original AIA ethical code in 1909 Right Ans - Design build was
forbidden practice, and paid advertising by Architects was not allowed.
1890 Sherman antitrust act Right Ans - Demanded that architects be
allowed to compete on the basis of fees and that not doing so constituted an
unreasonable restraint of trade
In 1977, an architect sued the Institute for civil damages when his AIA
membership was suspended for violating the AIA code of ethics by
supplanting another architect on a project. Right Ans - In 1978, a federal
district courts ruled that enforcement of this particular role in the code
violated federal antitrust laws, and the accused architect was awarded
substantial monetary damages.
Five canons that describe the broad principles of conduct in the AIA code of
ethics and professional conduct Right Ans - General obligations, obligations
to the public, obligations to the client, obligations to the profession, and
obligations to colleagues.
AIA national ethics council Right Ans - Full ethics council meets three times
per year to hear and consider complaints.
Common ethics violations Right Ans - Attribution of credit, accurate
representation of qualifications, attainment in provision of examples of work,
basic honesty.
Civil versus criminal matters in architecture Right Ans - Most of the legal
issues regarding the practice of architecture are civil rather than criminal
matters.
, Administrative law Right Ans - Much of the Architects everyday exposure
to law is through administrative law, the regulations developed to implement
civil statutes.
Proof of four elements to prove negligence Right Ans - Duty, breach, cause,
damage
Privity Right Ans - Prior to 1956, the legal concept of privity barred third-
party actions. Privity required the litigating parties to prove they were in a
contractual relationship with each other. Courts now regard physical injury
and property damage from Architects to go beyond contract provisions.
Architects must reasonably foresee who will depend on them to provide
services in a non-negligent manner.
Architect as the impartial interpreter of the contract requirements and to the
judge of performance by owner and contractor Right Ans - Courts have
provided Architects a quasi judicial immunity while performing this role that
protects them from professional liability for decisions made in good faith.
An architect who has been retained by a construction manager or a design
builder has moved away from a position as the owner's agent during the
construction phase Right Ans - In such roles, the Architect's client is the
construction manager or design builder who has retained the Architects
services.
Architect employee relationships Right Ans - An architect is responsible for
employees, partners, and associates when they are acting or are reasonably
believed to be acting within the scope of their relationships with the
architecture firm.
Vicarious liability Right Ans - Consultants, as independent consultants, may
sometimes act as an agent of the architect. Because the architect is delegating
duties the architect is the owner, the architect is still responsible for the
performance of those duties.
Architects usually are not responsible for project consultants hired directly by
the owner Right Ans - Unless the architect agrees to this responsibility and
the owner architect agreement specifies that the architect is responsible.
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