Architect Quasi-Judicial Capacity (not a Dispute Resolution Theme)
Looking for Questions in some platforms I founded this in Ballast:
as per the answer,
seems to exist a few legally capacities of the parts of the Contract. I went through the entire AHPP looking for more, but it only touches on the topic of judicial capacity in relation to Conflict Mediation and Conflict Resolution. Neither didn't find much for this in Herrman's "Law for Architects."
If I get something of this topic on the exam, I'm a dead duck...
Could someone direct me to where I can find more info?
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Hi UssBea,
The term quasi-judicial is less of an architecture/ARE-specific term, but more of a general term used here. It's one of those terms you are expected to have a base knowledge of and be able to apply to the NCARB objectives (i.e. how an architect interprets a contract document).
This is a great example of a question that requires you to select the best answer choice, although another choice may appear correct as well. We can easily eliminate answer choices A and C, as the architect is not expected to act as an arbitrator or mediator for the general conditions. Of course, the architect should always act in a professional manner, but the question uses the key word impartial.
Quasi-judicial essentially refers to being neutral or impartial to a specific party.
Doing a quick search of AHPP, I was able to find reference to quasi-judicial on pages 888 and 892. It does not reference the architect's duty specifically in this capacity, but might help put the term into context for other situations.
Hope this helps! Happy studying :)
Kiara Galicinao, AIA, NCARB
Black Spectacles
ARE Community -
I don't know where you are studying, but that term is usually not used in ARE. The terms that are in the contracts of are:
1 Initial Decision Maker. Performed by the architect when is an issue between Contractor and Owner.
2 Mediation.
3 Arbitration.
4 Courts.
Read the B101, and highlight the important words.
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I use Ballast as one of my main ARE preparation resources because I find that it pushes the envelope in terms of what NCARB expects you to know for the exam. The language in Ballast is often difficult and does not always pertain to just architecture....but that's one of the reasons I like using it!
For this question, Quasi-Judicial is not a common architectural term so I doubt you would find something of its nature on the actual exam. However, it is good to learn about along with architecture. Just be sure to take what you learn from Ballast with a grain of salt.
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