Your legitimate partner in your architect firm suddenly dies. What is the implication and steps you would take regarding your partnership and engagement of your firm in a project, status of building contract and the Local Authority?
Whenever there is an issue of death or bankruptcy arise, the solution is pretty much the same.( Is being bankrupt is as good as being dead?)
Anyway, when these things happen,
1) the registration of being an Architect become void. ( Architect Act, 15(d))
2) Partnership immediately dissolved
3) Appointment of architect become null and void.
These are the steps that you must take
1) Inform LAM of status of partnership and submit relevant document.
2) Start up new practice (sigh..) to take over project
3) Resolve all outstanding matter dealing with previous partnership.
4) write to your client for reapppointment.
5) Establish quantum of fees up to date. Fees to be distributed among you and your partner. In case of bankruptcy, his share goes to estate administration for his financial obligation.
Before the reappointment of of you as to take over the project, Building Contract is INOPERABLE as the official or legal contract administrator is the partnership. As soon you are reappointed, you are the new contract administrator. Employer is to reappoint within 28 days ( Article 3 of Building Contract ). Contractor has right to EOP 23.7 (vi) and Loss & Exp 24.2 (i)
Write to inform changes of Architectural practice in-charge of the project and submit all relevant documents. Inform LAM that you will continue as the Qualified Person to ensure supervision of work on site is in accordance to UBBL
– Ar. Azman Bilaji –