Non-Compliant Transfer Beam and the AP's Duty to Report
Architect C is the Authorized Person (AP) for a 30-storey office tower in Kowloon Bay. The project has a supervision plan with TCP grades assigned to hold points. On a Friday site visit, C's site staff find that the main contractor has poured a transfer beam without the required pre-pour inspection by the RSE's TCP and that the reinforcement spacing differs from the approved plans. The contractor says the concrete is already set, offers to carry out non-destructive testing later, and asks C not to report the matter because a delay would trigger liquidated damages. The employer's project manager pressures C to 'keep the programme moving' and notes that C's firm is also bidding for the client's next project. C's site staff are only on site three half-days per week, although the supervision plan requires full-time coverage at this stage.
1. What are C's statutory and professional duties as AP when works are found not to comply with the approved plans?
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As AP, C has statutory duties under the Buildings Ordinance and the regulations to ensure that building works are carried out in accordance with the approved plans and to supervise the works. The supervision plan and the Technical Memorandum on Site Supervision set out the hold points and the TCP grades. If the transfer beam was poured without the required pre-pour inspection and the reinforcement does not match the approved plans, the works are non-compliant. C cannot treat the matter as a mere quality issue. The AP must not certify or notify the Building Authority that the works are ready for the next stage unless satisfied. C also has a professional duty under the HKIA Code to act with competence and integrity. Allowing the contractor to cover up non-compliant work would be a serious breach and could expose C to disciplinary and criminal consequences.
2. Set out the immediate actions C should take, including communication with the contractor, RSE and Building Authority.
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Immediately: (1) instruct the contractor in writing to stop work on the affected beam and adjacent areas; (2) record the condition with photographs, measurements and a non-conformance report; (3) inform the RSE and require a joint inspection and a remediation proposal; (4) check whether the concrete can be opened up or tested, and require a method statement for any NDT or coring; (5) report to the Building Authority if the works are not in accordance with the approved plans or if the supervision plan has been breached; (6) do not sign any inspection form or consent to proceed until the RSE and AP are satisfied. C should also check whether the contractor's failure is a repeat and whether the TCP actually attended. Keep a written trail. The contractor's offer to test later does not cure the absence of the required hold-point inspection.
3. How should C respond to the employer's pressure and the staffing shortfall in the supervision plan?
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C should resist the pressure. The employer's project manager is asking C to prefer programme and future work over statutory compliance; that is precisely the conflict the AP must not accept. C should explain in writing that the AP's duties are not subject to the employer's commercial interests and that a failure to report could invalidate approvals and endanger the project. As for the staffing shortfall, C should review the supervision plan against actual attendance. If full-time coverage is required, C must provide it or notify the Building Authority and the employer of the inability to comply. C should not pretend the plan is being met. If the employer refuses to fund the required supervision, C should consider whether it can continue as AP and should take legal and professional advice. The firm's bid for future work is irrelevant to the statutory duty.