Lecture

Architect's Contracts: Mandate vs. Enterprise

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In course

ENG-383: An introduction to the law of architecture : contracts and competition

Ce cours a pour objet l'étude des notions fondamentales en droit public et en droit privé de la construction et entend sensibiliser les étudiant-es à des problèmes concrets liés à l'exercice de la profession d'architecte. ...

Description

This lecture delves into the intricacies of architect contracts, distinguishing between mandate and enterprise agreements. The instructor explains the legal implications of different contract types, such as when architects commit to plans or project management. The discussion also covers the concept of mixed contracts and the challenges posed by the separation of planning and construction supervision. Through real-life examples and legal analysis, the lecture explores the responsibilities of architects in contract termination, fee structures, and the implications of exceeding project budgets. The session concludes with a reflection on the importance of clear communication and diligence in architect-client relationships.

Official source

Related concepts (12)

Communication

Communication is usually defined as the transmission of information. The term can also refer to the message itself, or the field of inquiry studying these transmissions, also known as communication studies. The precise definition of communication is disputed. Controversial issues are whether unintentional or failed transmissions are included and whether communication does not just transmit meaning but also create it. Models of communication aim to provide a simplified overview of its main components and their interaction.

Breach of contract

Breach of contract is a legal cause of action and a type of civil wrong, in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party's performance. Breach occurs when a party to a contract fails to fulfill its obligation(s), whether partially or wholly, as described in the contract, or communicates an intent to fail the obligation or otherwise appears not to be able to perform its obligation under the contract.

Contract

A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more mutually agreeing parties. A contract typically involves the transfer of goods, services, money, or a promise to transfer any of those at a future date. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or rescission. A binding agreement between actors in international law is known as a treaty.

Organizational communication

Within the realm of communication studies, organizational communication is a field of study surrounding all areas of communication and information flow that contribute to the functioning of an organization . Organizational communication is constantly evolving and as a result, the scope of organizations included in this field of research have also shifted over time. Now both traditionally profitable companies, as well as NGO's and non-profit organizations, are points of interest for scholars focused on the field of organizational communication.

Interpersonal communication

Interpersonal communication is an exchange of information between two or more people. It is also an area of research that seeks to understand how humans use verbal and nonverbal cues to accomplish a number of personal and relational goals. Interpersonal communication research addresses at least six categories of inquiry: 1) how humans adjust and adapt their verbal communication and nonverbal communication during face-to-face communication; 2) how messages are produced; 3) how uncertainty influences behavior and information-management strategies; 4) deceptive communication; 5) relational dialectics; and 6) social interactions that are mediated by technology.

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