Professional Practice Exam |426 Questions with
Detailed Answers (SACAP Exam)
Fixed construction guarantee with payment reduction - -5% of contract
sum with 5% reduction of the value of each payment certificate to a max.
of 5% of the contract sum.
-Stage 1 - -Inception 5%
-Actively Practice - -Means to practice on an ongoing basis in one of the
categories contemplated in section 18 and includes a person qualified in
Arch. Prof. who is employed by any sphere of government or education
institution.
-Registered Person - -Means a person registered under one of the
categories refereed in section 18.
-Name 3 functions for which Architectural Profession Act No. 44 of 2000 - -
Establishment of a juristic person to be known as SACAP. To provide for the
registration of Prof. Candidates and Specification categories in
Architecture Profession. To Provide for the regulation of relationship
between the SACAP and CBE. Provide matters connected therewith.
-Council of Build Environment - -Overarching Council for Professions
practicing in the Built Environment
-Act establish SACAP - -The Architectural Profession Act 44 of 2000
-Which legislation body enacted the form of legislation Architectural
Profession Act 44 of 2000 - -Parliament
-Primary difference between the current legislation governing the Arch.
Prof. and the Architects' Act of 1970? - -Provides for the registration of
Prof. Architects, Senior Arch. Technologists, Arch. Technologists and Arch.
Draughtspersons, where as the previous legislation had dealt only with
Architects
-Public - -Entity protected as a primary function of SACAP
-Minsiter of Public Works - -Appoints the members of the Council of SACAP
-What is the overriding obligation of a registered person under the rules
of the SACAP Code of Professional Conduct? - -A registered person is
expected act with due skill, competency and integrity
-What is the term used to refer to the person who has control of an
architectural practice? - -The Principal.
, -What term may be omitted from the trading name of an architectural
practice? - -'Professional'
-Provide the definition of 'complaint' as provided in the SACAP rules for
investigations and disciplinary tribunal hearings. - -Any allegation
regarding improper conduct by a person registered in terms of the Act,
which comes to the attention of the registrar or the Council
-On receipt of a complaint of improper conduct of a registered
professional, the SACAP Registrar must refer the matter to which body? - -
An investigation committee.
-When would it be regarded as a breach of the SACAP Code of
Professional Conduct to sign a building plan or document that has been
prepared by another architectural practice? - -It is regarded as a breach of
the Code if the signatory to a building plan or document was not the bone
fide author ; or such building plan or document was not prepared under
his/her direct supervision
-What must one do to ensure compliance with the SACAP Code of
Professional Conduct when receiving remuneration for an installation used
on project on which you are providing a service? - -Notify the employer or
client IN WRITING of such remuneration.
-Providing the name and fee for each work stage - -Stage 1: Inception
(5%)
Stage 2: Concept and Viability (15%)
Stage 3: Design Development (20%)
Stage 4.1: Documentation (20%)
Stage 4.2: Procurement (10%)
Stage 5: Construction (27%)
Stage 6: Close-out (3%)
-Provide four advantages of the PROCSA Client/Consultant Professional
Service Agreements - -§ Allows the architectural professional to be
confident of the business arrangement with the client.
§ The PROCSA suite represents a consensus agreement composed and
accepted by all of the constituent bodies.
§ Provides for the services broadly required across all six stages of works.
§ Addresses the obligations and responsibilities of the client and
professionals.
§ Is drafted locally for local and international use.
§ The agreements span various disciplines within the built environment.
§ The same terms and conditions and the same document format are used
for all the disciplines for ease of understanding.
§ Sets clear limits to responsibility and liability.
§ Enables scope change during what are typically long-term projects.
§ Allows for effective dispute resolution.
§ Provides for a Matrix of Services across all the disciplines.
,Defines and itemises the role and functions of the Development Manager.
-Definition of 'copyright' as it relates to the work of an architectural
professional. - -§ Copyright is the protection against reproduction of a
substantial part or of the adaptation of the essence of the original
document, graphical or reproducible material.
§ For copyright to attach, the work concerned must be 'original' and
reduced to a material form.
§ An architectural professional is the owner of the copyright in graphic,
visual and other artistic works, comprised in the drawings and other
documents prepared by the architectural professional.
§ This applies to the forms in which it is represented, whether by
reproducible drawings, documents and electronically.
That which is copyright is the material itself, not the ideas that gave rise
to it.
-Example of what would be regarded as a breach of the copyright of an
architectural professional. - -§ The act of making a design by having the
original drawings of another at one's elbow and using the design elements
of the original work - provided the derivative drawing is substantially
similar to the original.
To make a measured drawing of a building could be a breach of the
copyright.
-What is the simplest type of business entity in South Africa? - -Sole
Proprietorship / Sole Practitioner
-What is the maximum number of people permitted to engage in a
Partnership? - -Twenty (20) people
-Which type of business entity can no longer be newly established in
South Africa? - -Close corporation
-Which type of business entity has shareholders as participants? - -Private
(Proprietary) Company
-Name two methods to consider in the appointment of a professional
team. - -Separate appointments
A 'package deal' for professional services
-Name three items that must be provided on the letterhead of an
architectural practice. - -§ Name of the architectural practice and type of
practice
§ Names of the principal and their registration numbers
§ Category of registration of the principals, using the prescribed
abbreviations
§ The professional designation and qualification of all principals who are
not registered with the Council
, Physical and postal address, telephone, fax and email, CIPRO and VAT
registration numbers, if applicable.
-A counter offer. - -When an offer is returned and the original terms have
been materially altered.
-agency - -The legal position where one person (the agent) is authorised
to act with authority on behalf of another (the employer) to create legal
relations with a third party (the contractor).
-A waiver of the contractor's lien - -Financial institution that has provided
finance for a building project under a mortgage bond typically require
from the contractor
-'delictual duty' - -A delictual duty is a legal obligation arising between
people independent of any contractual or other legal relationship between
them.
-What are some of the conditions that must be met before an
architectural professional can be held 'delictually' liable? - -§ There must
have been an act or conduct on the part of the wrongdoer.
§ There must have been wrongfulness (i.e. the infringement of a
subjective right of the person prejudiced).
§ There must be fault on the part of the wrongdoer.
§ There must be a causal connection between the conduct (by the
wrongdoer) and the infringement of the right.
-repudiation - -One party to a contact's refusal or inability to fulfil or
discharge an agreement, obligation, or debt. This would constitute a
breach of contract.
-What is the purpose of arranging for construction work to be performed
by a subcontractor, and who primarily benefits from such an
arrangement? - -To obtain an acceptable combination of work quality and
price. The employer enjoys the primary benefit
-Which form of subcontract would be most suitable when time is of the
essence in procuring tenders? - -The nominated subcontract
-What may be required from a subcontractor in order to protect the
architectural professional? - -An indemnity concerning the design and
choice of materials of the architectural professional.
-three examples of what would result if there was no building contract
entered into for a project? - -§ There would be no principal agent, and the
contract would be under the exclusive control of the employer.
§ The works would need to be completed entirely before the contractor is
entitled to receive payment.
§ There would be no obligations to carry out variations to the works
Detailed Answers (SACAP Exam)
Fixed construction guarantee with payment reduction - -5% of contract
sum with 5% reduction of the value of each payment certificate to a max.
of 5% of the contract sum.
-Stage 1 - -Inception 5%
-Actively Practice - -Means to practice on an ongoing basis in one of the
categories contemplated in section 18 and includes a person qualified in
Arch. Prof. who is employed by any sphere of government or education
institution.
-Registered Person - -Means a person registered under one of the
categories refereed in section 18.
-Name 3 functions for which Architectural Profession Act No. 44 of 2000 - -
Establishment of a juristic person to be known as SACAP. To provide for the
registration of Prof. Candidates and Specification categories in
Architecture Profession. To Provide for the regulation of relationship
between the SACAP and CBE. Provide matters connected therewith.
-Council of Build Environment - -Overarching Council for Professions
practicing in the Built Environment
-Act establish SACAP - -The Architectural Profession Act 44 of 2000
-Which legislation body enacted the form of legislation Architectural
Profession Act 44 of 2000 - -Parliament
-Primary difference between the current legislation governing the Arch.
Prof. and the Architects' Act of 1970? - -Provides for the registration of
Prof. Architects, Senior Arch. Technologists, Arch. Technologists and Arch.
Draughtspersons, where as the previous legislation had dealt only with
Architects
-Public - -Entity protected as a primary function of SACAP
-Minsiter of Public Works - -Appoints the members of the Council of SACAP
-What is the overriding obligation of a registered person under the rules
of the SACAP Code of Professional Conduct? - -A registered person is
expected act with due skill, competency and integrity
-What is the term used to refer to the person who has control of an
architectural practice? - -The Principal.
, -What term may be omitted from the trading name of an architectural
practice? - -'Professional'
-Provide the definition of 'complaint' as provided in the SACAP rules for
investigations and disciplinary tribunal hearings. - -Any allegation
regarding improper conduct by a person registered in terms of the Act,
which comes to the attention of the registrar or the Council
-On receipt of a complaint of improper conduct of a registered
professional, the SACAP Registrar must refer the matter to which body? - -
An investigation committee.
-When would it be regarded as a breach of the SACAP Code of
Professional Conduct to sign a building plan or document that has been
prepared by another architectural practice? - -It is regarded as a breach of
the Code if the signatory to a building plan or document was not the bone
fide author ; or such building plan or document was not prepared under
his/her direct supervision
-What must one do to ensure compliance with the SACAP Code of
Professional Conduct when receiving remuneration for an installation used
on project on which you are providing a service? - -Notify the employer or
client IN WRITING of such remuneration.
-Providing the name and fee for each work stage - -Stage 1: Inception
(5%)
Stage 2: Concept and Viability (15%)
Stage 3: Design Development (20%)
Stage 4.1: Documentation (20%)
Stage 4.2: Procurement (10%)
Stage 5: Construction (27%)
Stage 6: Close-out (3%)
-Provide four advantages of the PROCSA Client/Consultant Professional
Service Agreements - -§ Allows the architectural professional to be
confident of the business arrangement with the client.
§ The PROCSA suite represents a consensus agreement composed and
accepted by all of the constituent bodies.
§ Provides for the services broadly required across all six stages of works.
§ Addresses the obligations and responsibilities of the client and
professionals.
§ Is drafted locally for local and international use.
§ The agreements span various disciplines within the built environment.
§ The same terms and conditions and the same document format are used
for all the disciplines for ease of understanding.
§ Sets clear limits to responsibility and liability.
§ Enables scope change during what are typically long-term projects.
§ Allows for effective dispute resolution.
§ Provides for a Matrix of Services across all the disciplines.
,Defines and itemises the role and functions of the Development Manager.
-Definition of 'copyright' as it relates to the work of an architectural
professional. - -§ Copyright is the protection against reproduction of a
substantial part or of the adaptation of the essence of the original
document, graphical or reproducible material.
§ For copyright to attach, the work concerned must be 'original' and
reduced to a material form.
§ An architectural professional is the owner of the copyright in graphic,
visual and other artistic works, comprised in the drawings and other
documents prepared by the architectural professional.
§ This applies to the forms in which it is represented, whether by
reproducible drawings, documents and electronically.
That which is copyright is the material itself, not the ideas that gave rise
to it.
-Example of what would be regarded as a breach of the copyright of an
architectural professional. - -§ The act of making a design by having the
original drawings of another at one's elbow and using the design elements
of the original work - provided the derivative drawing is substantially
similar to the original.
To make a measured drawing of a building could be a breach of the
copyright.
-What is the simplest type of business entity in South Africa? - -Sole
Proprietorship / Sole Practitioner
-What is the maximum number of people permitted to engage in a
Partnership? - -Twenty (20) people
-Which type of business entity can no longer be newly established in
South Africa? - -Close corporation
-Which type of business entity has shareholders as participants? - -Private
(Proprietary) Company
-Name two methods to consider in the appointment of a professional
team. - -Separate appointments
A 'package deal' for professional services
-Name three items that must be provided on the letterhead of an
architectural practice. - -§ Name of the architectural practice and type of
practice
§ Names of the principal and their registration numbers
§ Category of registration of the principals, using the prescribed
abbreviations
§ The professional designation and qualification of all principals who are
not registered with the Council
, Physical and postal address, telephone, fax and email, CIPRO and VAT
registration numbers, if applicable.
-A counter offer. - -When an offer is returned and the original terms have
been materially altered.
-agency - -The legal position where one person (the agent) is authorised
to act with authority on behalf of another (the employer) to create legal
relations with a third party (the contractor).
-A waiver of the contractor's lien - -Financial institution that has provided
finance for a building project under a mortgage bond typically require
from the contractor
-'delictual duty' - -A delictual duty is a legal obligation arising between
people independent of any contractual or other legal relationship between
them.
-What are some of the conditions that must be met before an
architectural professional can be held 'delictually' liable? - -§ There must
have been an act or conduct on the part of the wrongdoer.
§ There must have been wrongfulness (i.e. the infringement of a
subjective right of the person prejudiced).
§ There must be fault on the part of the wrongdoer.
§ There must be a causal connection between the conduct (by the
wrongdoer) and the infringement of the right.
-repudiation - -One party to a contact's refusal or inability to fulfil or
discharge an agreement, obligation, or debt. This would constitute a
breach of contract.
-What is the purpose of arranging for construction work to be performed
by a subcontractor, and who primarily benefits from such an
arrangement? - -To obtain an acceptable combination of work quality and
price. The employer enjoys the primary benefit
-Which form of subcontract would be most suitable when time is of the
essence in procuring tenders? - -The nominated subcontract
-What may be required from a subcontractor in order to protect the
architectural professional? - -An indemnity concerning the design and
choice of materials of the architectural professional.
-three examples of what would result if there was no building contract
entered into for a project? - -§ There would be no principal agent, and the
contract would be under the exclusive control of the employer.
§ The works would need to be completed entirely before the contractor is
entitled to receive payment.
§ There would be no obligations to carry out variations to the works
