Chapter III Duties and Obligations of a Practicing Architect
Article 16
An architect may accept the commission of a client to conduct an investigation, survey, design, construction supervision, cost estimation, inspection and/or appraisal of a building and its physical environment, as well as accept the customer's power of attorney for building permit application, building contractor bidding, drafting of the building construction agreement and the negotiation of other construction project related matters.
Article 17
The architect commissioned by a client to draft a design, constructions documents and specifications or other related documents, should ensure that such documents are completed pursuant to building laws and founded on the construction technology regulations and building administration regulations provided in the building laws, and other related governing laws. The details of the design should be able to allow the construction firm and other equipment makers to accurately assess prices and implement construction work according to the plan.
Article 18
The architect accepting the client's commission to supervise building construction matters is obliged to observe the following regulations:
1.To supervise the construction firm's work, thereby ensuring construction work is executed in accordance with the construction documents provided in the foregoing article;
2.To observe all duties and obligations assigned by related building laws to the building construction supervisor;
3.To inspect and evaluate the specifications and quality of the building construction materials; and
4.To observe other construction supervision related agreement provisions.
Article 19
The architect accepting the building design commission of a client is liable for the building project of the design; on the other hand, an architect accepting the client's commission to supervise building construction work, is liable to ensure the construction work of the project. However, in the matter of the professional construction matters of the building structure and equipment, except for building structures having five or less stories not designated for public use, the architect in-charge is obliged to assign the construction of such building to a professional engineer of a duly registered practice; under which circumstances, the architect assumes joint liability for the construction of such project. This provision is not applicable in localities where having no practicing engineers.
Article 19-1
An individual passing the architect licensure examination and issued an architect's license and the architect business practice license, unless otherwise provided by law, is likewise permitted to engage in the occupational activities of an architectural engineer.
Article 20
The architect is obliged to execute all commissioned undertakings under the principles of good faith, and thus should refrain from engaging in inappropriate or illegal behaviors or neglecting his/her professional obligations to the appointed undertakings.
Article 21
The architect is legally liable for all actions and behaviors conducted during the execution of his/her appointed tasks.
Article 22
The architect should execute an agreement with his/her client regarding the scope of the appointed responsibilities or undertaking and the amount of the compensation due for each undertaking assumed prior to the execution of such undertaking; thereafter, the parties concerned in the agreement are obliged to jointly observe agreement conditions.
Article 24
The architect should aid the implementation of all directives issued by the government authority on construction matters relating to public safety, social welfare and disaster prevention.
Article 25
The architect is prohibited from assuming the following positions under a part-time capacity or assuming part-time employment in the following establishments:
1.The position of a civil service employee as defined in the Civil Service Employment Act;
2.A construction firm or the position of chief engineer or engineer of a construction firm, or the guarantor of project contracted by a construction firm; or
3.A building construction material supplier.
Article 26
The architect is prohibited from allowing a third party to open a practice or engage in related undertakings under his/her name.
Article 27
The architect is obliged to maintain the confidentiality of all confidential information acquired during the execution of his/her duties.