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Resolving Disputes
This section gives advice and information on dispute resolution procedures under the Building Control Act 2007 which provides for the establishment of a statutory independent Professional Conduct Committee with a majority of non-architects nominated by Government, and a chair with a legal background. These nominations will be made shortly but, at present, the RIAI cannot process dispute resolution procedures in relation to architects on the Register as Professional Conduct Committee has yet to be established.
Interim Dispute Procedures
The Website details dispute resolution procedures which you should consider, in looking at dispute resolution. You can prepare and submit a formal complaint and a standard complaint form is available for downloading. This will be held on file until the Professional Conduct Committee is appointed.
RIAI Staff can give general advice on disputes but cannot give a view on the performance or conduct of an architect, as this is a matter for the Professional Conduct Committee. There are areas in which the RIAI can help such as where there may be communication difficulties and around the general role and responsibilities of architects.
The design and construction of buildings is a complex process and problems can occur and your professionally qualified registered architect is there to help you resolve these problems. It will be useful to look at “Working With Your Architect” which gives information on the type of problems which can occur and possible solutions, and in the general range of services provided by architects.
If you have concerns with an aspect of the architect’s service you should discuss the problem with the architect; this will usually be sufficient to resolve the matter.
The RIAI is charged with various State Regulatory Responsibilities under the Building Control Act 2007 in relation to the Professional Conduct of Architects and therefore cannot provide specific advice in relation to particular facts concerning complaints against architects.
There are designed statutory bodies namely, the Professional Conduct Committee, the Appeals Board and the Registrar who have a role in such matters. Accordingly the RIAI is limited in assisting you in relation to your access to the services offered by these bodies. Nothing said by or on behalf of the RIAI in doing so is to be taken as advice.
The Code of Professional Conduct
Download the RIAI Code of Conduct
The RIAI Code of Conduct, requires architects to respond promptly and courteously to client complaints for problems or disputes.
If you are raising your concerns with an architect, there are some issues that you should consider.
- It is often useful to put your concerns in writing to the architect so that these are clear and a record is kept.
- You need to check what was the nature of the agreement with the architect and particularly the conditions of the original agreement. For example, the architect may have been retained only as far as planning permission stage and your problems have emerged at construction stage.
- Check as to who is going to deal with your concerns and establish how long it might take to deal with those.
- Indicate to the architect how the problem might be resolved.
If you do not receive that a satisfactory response to the concerns raised, or if you cannot reach agreement on an appropriate solution, you should contact the RIAI.
If you wish to make a formal complaint you should download and complete the Complaints Form.
What Can The RIAI Do?
The RIAI can provide a number of options for the resolution of your concerns or problems.
- RIAI can provide general information and advice on the duties and responsibilities of architects to help you to evaluate whether appropriate procedures have been followed. RIAI cannot give direct advice on a particular problem.
- If the matter is straightforward, such as an alleged delay in communication between architect and client, the RIAI can intervene and ask that the architect deals with the client’s business expeditiously.
Mediation
Under the provisions of the Building Control Act 2007 the RIAI operates a Mediation System aimed at resolving problems and disputes between architects and clients.
View Mediation Procedures and Rules
The Mediation System requires the agreement of both the client and the architect to proceed. Mediation has the advantage that matters can be resolved, if resolution is possible, much more rapidly than in the more complex process of a formal complaint.
Even where a formal complaint is made, it is open to the Professional Conduct Committee to seek resolution of the complaint by mediation.
OTHER OPTIONS
Conciliation and Arbitration
RIAI Client/Architect Agreements and many other agreements provide for conciliation and arbitration of any disputes concerning the agreement.
You should check whether a separate provision is in your agreement with the architect.
Dealing With Negligence
The RIAI Code of Conduct requires architects to have Professional Indemnity Insurance in the case of allegations of negligence so as to provide recompense to clients.
If your complaint is that your architect has in fact been seriously negligent, this is probably a matter which cannot be dealt with the Professional Conduct Committee because it has no power to order compensation to be paid to a client although it does have substantial powers in relation to sanctions which may be imposed upon a registered architect who is found to be guilty of serious negligence.
In this instance you should take legal advice. In addition, architects are required to report their Professional Indemnity Insurers if there is a possibility of a claim and their insurers will handle the issue from that point. Architects are required to report the Professional Indemnity Insurance not only possible claims but also circumstances which could give rise to a claim.
However, many Professional Indemnity Insurance Underwriters support mediation as a means of resolving even serious problems and complaints so as to reduce the potential legal costs to both the client and the architect.
Legal Action
If the matter is serious and neither side is prepared to mediate, then legal action may be the only possibility open to you and if this is the case you should obviously take legal advice.
What Areas Can Be Dealt With By The Professional Conduct Committee?
The Building Control Act 2007 provides for two Areas which can be investigated by PCC.
1.Poor Professional Performance
2.Professional Misconduct
1.“Poor Professional Performance” means any failure of a registered architect to meet the standards of competence that may be reasonably expected of registered architects in practicing their profession”.
2.“Professional Misconduct” means any act, omission or pattern of conduct of a registered architect that:
- is in breach of the RIAI Code of Conduct
- if the registered architect has been operated by a body established in a State other than this State, a licence, certificate or registration relating to the profession of architecture, is a breach of the standard of conduct or performance that applies to a person holding that licence, certificate or registration and that corresponds to a standard in the RIAI Code of Conduct.”
Formal Complaints
Having raised the matter with the architect as noted above without reaching a satisfactory conclusion, you can then make a formal complaint to the RIAI by fax, email or letter but preferably by completing the Online Complaints Form on the RIAI website at www@riai.ie .
If you do not choose to use the online complaints form you should follow the format because it is important to have the clearest possible information at the outset of any formal complaints being made.
Are There Limitations on What the Professional Conduct Committee Can Do?
Professional Conduct Complaints are serious matters for both consumers and architects. The investigation of complaints by the Professional Conduct Committee is conducted in accordance with Part 6, Fitness to Practice if the Building Control Act 2007, and the detailed rules for investigation by the Professional Conduct Committee.
The Professional Conduct Committee has significant powers but there are some matters which cannot be dealt with including;
- Dealing with complaints which are not about a registered architect. However, if you find that you are dealing with a person who has described themselves as an architect, using this title either alone or in combination with any other words or letters, or name or title or description implying that the person is so registered, then you should bring this matter to the attention of the RIAI so that appropriate action should be taken. This would also apply to the use of business or practice titles.
- Dealing with complaints unrelated to poor professional performance or professional misconduct.
- Providing legal advice about the matters you raise or appointing a legal representative to act on your behalf.
- Investigating issues which are the subject of legal proceedings.
- Reaching a different decision to the Court, based on the same facts. However, where legal proceedings have been concluded and where there is a possible breach of the Code of Professional Conduct, then a complaint can be taken.
- Providing compensation or damages
- Investigating complaints where there has been significant delay in making the complaint(s).
- Involvement in Service Contracts
How long will a complaint take?
All complaints are serious matters and can take a considerable length of time to complete given the statutory framework and the need to adhere to fair procedures and national legal requirements.
There are time periods set out in the Rules for Investigation of Complaints and it is important that these are followed so that the complaint can be handled as efficiently as possible. It is difficult to give an exact timetable for the resolution of complaints as each complaint is different and the current workload of the PCC will also be a relevant factor.
RIAI will keep you informed as to how the complaint is progressing and will write to you with an update on average about every two months.
Mediation, as noted above, tends to be a shorter process and generally can take from 2 to 3 months to complete, again depending on the parties keeping to the timetable as set and the current mediation workload.
Legal Sanctions if a Complaint is Upheld
As provided for in the Building Control Act 2007 where the Committee determines that a registered architect is guilty of professional misconduct, or poor professional performance, it may, subject to the provisions of the Act, do one or more of the following:
- Advise, admonish or censure to the registered architect in relation to the conduct performance complained of;
- Impose on the registered architect a fine of a specified amount and failing payment by him or her of the fine to the Registration Body within two months of his or her being notified of its imposition, the Registrar may erase the persons name from the Register;
- Direct that during a specified period, registration of the persons name in the register shall not have effect;
- Erase the persons name from the register;
- Direct that the persons name remain on the register but impose such conditions for the name remaining on the register as it considers appropriate, to be complied with by the registered professional.
The sanctions listed above, except for (a) cannot be exercised unless the Registrar has applied to the High Court for confirmation of a decision of the Professional Conduct Committee.
Confidentiality
Mediation and professional conduct complaints are treated in strict confidence until the matter is formally concluded. If you are making a complaint you must preserve the confidentiality of all information and matters relating to your complaint. The architect must also preserve the strict confidentiality of all information relating to the complaint.