Duration
40h Th
Number of credits
| Master in architecture, professional focus in architecture and urban planning | 5 crédits |
Lecturer
Coordinator
Language(s) of instruction
French language
Organisation and examination
Teaching in the first semester, review in January
Schedule
Units courses prerequisite and corequisite
Prerequisite or corequisite units are presented within each program
Learning unit contents
The course "Droit de la construction et déontologie : matrice des risques" belongs to the subject group "Society-Human sciences". Its purpose / content is the establishment of a "risk (management) map" related to the integration of the architect into society and the execution of a private or public architectural mission.
The purpose of the course is to awaken the student's vigilance and awareness of the legal and ethical issues involved in the intervention of an architect. The main elements of the course are analyzed from two points of view: legal, on the one hand, and practical and ethical, on the other.
The content of the course integrates the transversal axes sustainability, digital, art, society as it emerges from the table of contents.
The program tends to follow, as far as possible, the chronological flow of risk management.
It is succinctly presented in the table of contents.
Contents
I. The architect: status and ethical aspects
1) Practical information
2) Statutes of the architect: independent - employee - in a company - association
3) The internship
4) The main ethical principles and legal implications
* Core values
* Independence
* Incompatibility
* Relationship with other architects
* Relationship with the client
* Relationship with promoters
* Relationship with the public
5) The Order of Architects - relationship with the Order
* Composition
* Skill
* Architect's relationship with the Order
II. The architect and the institutions
1) Structure of the federal state: distribution of powers
2) Hierarchy of rules
3) Judicial and administrative courts
III. The architect: execution of a contractual mission
1) The main principles of contract law and liability
1.1 Contract
* Definitions
* Agreement: consent, capacity, object, cause
* Contract clauses and law levels
* Obligation of means and obligation of result
* Obligation of good faith and conventions
* Unforeseen subjection
1.2 Sanctions
* Elements constituting liability: fault, damage, causal link
* Repair in kind or by equivalent
* Replacement
* Limitation clause, exonerating liability. Unfair terms
* Exception of non-performance
* Termination, Resolution
2) The contractor agreement and the responsibility of the contractor
1.1. Definition and distinction with the employment and sales
1.2. The different types of contractor agreement
* Absolute package
* Relative package
* Price schedule market
* Open book market
* hours market
1.3. Respect of deadlines
1.4. Respect for the rules of the art
1.5. Acceptance of works (see below architectural contract)
1.6. Responsibilities (see below architectural contract)
1.7. End of the contractor agreement (see below for the architecture contract)
1.8. Links between the offer, the contract, the specifications, the quantity survey
1.9. Breyne Law
3) The architectural mission: In-depth analysis of a standard contract (legal and practical aspects)
3.1 legal aspects
Quality of the parties (individual, company, professional, promoter)
Program and budget
Administrative constraints and Building permit
Fees: the various formulas
Scope of the mission / out of scope
Obligations of the MO
Design: legal aspect, administrative constraints, BIM
Choice of contractor and bidding process: contract management, access to the profession, social and fiscal debts
The duty of control
Reception operations
Responsibilities: venial hidden defects and ten-year liability
Termination and end of the contract: 1794 CC, for fault, by mutual agreement
Copyright clause
Clause in case of dispute
3.2Practical aspects
First contact with the customer
Constitution of the planning permit fileRelationship with the administration Ethical mission
Relationship with the client Offers, specifications, quantity takeoff, submissionVerification of access to the profession and social or tax debts
Relationship with the contractorContact persons on the site
Site managementWrite a site report Write a reception report
4) Copyright + GDPR
5) The other stakeholders in the act of building: coexistence and interdependence of roles: stability engineers, special techniques, PEB manager, safety and health coordinator.
6) Professional liability and construction insurance
7) Property law: the civil constraints of the implementation of the project:
* law of property,
* joint ownership and demarcation
* easements
8) Environment law
* The division of a property and urbanization permit
* The building permit
* Deviations and derogations
* The issuance procedure
9) Specificity of public contracts
9.1 Attribution
* The regulations and the main principles
* Notion of contracting authority
* Award procedures
* The regularity of the offers + price verification
* Drafting of the tender examination report + responsibility of the project authorExecution
* Exemptions from the standards rules
* The bond
* The leading official
* Outsourcing
* Review clauses
* Disturbances and claims
* Breaches
* Receptions
* Responsibilities
10) Administrative, legal, ethical and judicial management of a conflict
Learning outcomes of the learning unit
The multiple approaches, the contributions of various knowledge confronted, the appropriation works aim to train people in openness, in a reflective posture and in awareness of societal issues. They also aim to raise awareness of ethical responsibility, of the collective interest and of the role and responsibility of the future architect in shaping the living environment.
The analysis of the legal impact of the integration of environmental and town planning components in the scope of the architect's mission is analyzed in particular from the aspect of environment legislation.The analysis of the legal impact of the integration of artistic components in the scope of the architect's mission is analyzed in particular from the aspect of copyright.The analysis of the legal impact of the integration of digital components in the scope of the architect's mission is analyzed in particular from the aspect of BIM.The analysis of the legal impact of ethics, public order, town planning and public procurement illustrates the place of the architect in society.
From an operational point of view, the course aims to allow the future architect to accomplish his mission by avoiding conflicts and cases of responsibilities, to understand their rights and obligations, to identify them and to anticipate the constraints legal and ethical issues in a complex contractual, civil and administrative framework. They must make informed decisions about contractual arrangements and understand the contractual implications. They must react and decide adequately, in light of legal and ethical requirements, in the event of difficulties with a project stakeholder. They must therefore develop the risk map for their intervention.
Prerequisite knowledge and skills
Reading of educational materials before face-to-face lessons
Planned learning activities and teaching methods
Reading of the syllabus and / or powerpoint supports with the presentations
For the major risks of the architect's activity:
1. Face-to-face courses in mixed form: ex cathedra and interactive presentations with students
2. Face-to-face lessons in the form of debates between two speakers + students
3. Conferences (Insurance a.e.)
Recommended reading
Note-taking in progress to support the teaching aids is essential.
All to allow the establishment of the risk map
Mode of delivery (face to face, distance learning, hybrid learning)
Blended learning
Additional information:
Syllabus and / or occasional powerpoint supports with presentations
For the major risks of the architect's activity:
1. Face-to-face courses in mixed form: ex cathedra and interactive presentations with students
3. Conferences (Insurance a.e.)
4. Some courses can be given remotely and recorded.
Refers to recommended reading
Course materials and recommended or required readings
book and powerpoint avaible on my uliege
Exam(s) in session
Any session
- In-person
written exam ( open-ended questions )
- Remote
written exam ( open-ended questions ) AND oral exam
Additional information:
Written exam in person or distance in the form of open questions and multiple choice calling for knowledge and understanding
Work placement(s)
no
Organisational remarks and main changes to the course
no
Contacts
Benoît KOHL
benoit.kohl@uliege.be
Phone : 0032 (0)4 366 31 90 (secrétariat)
Assistant: Alexandre RIGOLET (alexandre.rigolet@uliege.be)
Karl SIMON
karl.simon@uliege.be