Part I of Understanding the Use of the Architect’s Seal examined the types of documents that must be sealed and provided a reminder of Direct Supervision requirements. Part II of this Regulatory Review addresses sealing in reference to specific documents, such as supplemental instructions, shop drawings, CAD files, and estimates, and discusses the use of the digital Seal.
A review of both the Practice Guideline: Use of the Architect’s Seal and Part 1 of the series is encouraged before reading this Regulatory Review.
Supplemental Instructions
Any document issued by an Architect that amends a contract of construction requires an Architect’s careful oversight, and the use of the Seal. For the CCDC 2 construction contract, the three types of amending documents are change orders, change directives, and supplemental instructions. While Architects generally have a clear understanding of change orders and change directives, supplemental instructions have been reported as challenging in relation to the use of the Seal.
As a reminder, ‘supplemental instruction’ is a defined term under CCDC contracts – it is an amendment to the contract that does not amend time or cost. It is a change that will not affect the schedule or the contract amount, but it is a change to the contract documents and requires the contractor to either complete the work as directed, or seek formal amendment to the contract via the two other means of contract amendment: change order or change directive. Although it may appear insignificant from a cost consultant’s perspective, it can be highly significant for the Architect and others on the design team. Often, supplemental instructions are critical for code compliance, or necessary to correct errors in construction. Supplemental instructions, per the CCDC contract definition, should not be confused with other communication during construction, such as a response to a request for information from a contractor, nor treated as a ‘catch-all’ for general communication with the contractor or owner. Rather, it is a formal mechanism through which the Architect, if acting as contract administrator, may amend the contract between the owner and contractor without their direct consent. This authority requires a high level of diligence from the Architect.
Since only the consultant administering the contract can issue supplemental instructions, an Architect acting in this capacity must also issue any supplemental instructions from other consultants such as engineers. An Architect would issue a supplemental instruction describing the change to the contract documents and referencing appended documents. This supplemental instruction would be sealed by the Architect, but the appended documents would be sealed by the engineer responsible.
Casual issuance of instructions, such as through text messages or quick emails to staff, subcontractors, or the contractor, without adequate record keeping, does not meet the standard of practice expected of Architects. It also does not align with the broader expectations of the construction industry, as established in CCDC 24 – 2022: A Guide to Model Forms and Support Documents. As this Guide was revised in 2022, any firm providing contract administration services should acquire and review the 2022 version and provide contract administration services as it describes. Standard forms, including a model supplemental instruction form, are provided in this Guide. As with change orders and change directives, supplemental instructions should be methodically logged in a schedule as part of the project record, and issued to, or made available upon request, to parties of the construction contract. CCDC 24, as well as other CCDC documents, may be purchased from the AIBC.
Record keeping and contract administration should be approached with diligence, consistency, and care, recognizing that each action and communication may have significant implications. The Architect’s professional judgment, reflected in a clear and traceable project record, is a critical safeguard for clients, contractors, and the broader public.
Examples of Documents
The AIBC frequently receives inquiries regarding sealing requirements, many about whether a document should be sealed or not:
Sprinkler Shop Drawings
On some projects, sprinkler design documents are provided as shop drawings from the contractor. To address a problem with sprinkler drawings not being coordinated by the Architect, usually because the Architect did not receive them, some local governments require the Architect to confirm that they have received and coordinated the sprinkler drawings, per their obligation as coordinating registered professional. Shop drawings provided to the Architect by others should never be sealed by the Architect, but their review and coordination can still be confirmed to an authority. When this confirmation of coordination is requested, Architects should indicate that coordination has taken place through a handwritten note, a sticker, or shop drawing rubber stamp, applied by the Architect to documents on paper. For digitally sealed sprinkler drawings, a PDF markup should be used. This notation confirming receipt and coordination should be signed and dated by the Architect but not sealed. A standard shop drawing stamp, as described in the RAIC Canadian Handbook of Practice, also meets this requirement.
CAD Drawings and Digital Seal Technical Challenges
An Architect’s digital Seal should never be applied to CAD files, BIM files, word processing files, spreadsheet files, or similar documents. An Architect’s digital Seal is only applied to PDF files. If requested by the recipient of appropriately digitally-sealed documents, an unsealed ‘convenience copy’ of the document can be provided, which should include a note referencing the sealed document, its date of issue and sealing Architect, and that the sealed document is the one that must be relied upon, not the ‘convenience copy’. A ‘convenience copy’ in digital format cannot be issued to support sealed documents provided on paper – a digital ‘convenience copy’ must reference a digitally sealed document issued to the same recipient.
Estimates
Estimates provided by an Architectural Firm require the Seal, as it is an architectural service, usually delivered through a formal report. In contrast, an estimate prepared by an external cost consultant, issued under their letterhead, but delivered as part of a more comprehensive architectural report, would not be sealed by an Architect. Rather, it would be appended to the Architect’s sealed report.
Digital Seals
If applying a signature when using a rubber stamp Seal is onerous given the number of pages, Architects should consider using a digital Seal, if the recipient party will accept the digitally sealed document. The digital Seal is fundamentally more secure than the rubber stamp and is faster and easier to apply on large documents with multiple pages. While all types of Seal issued by the AIBC are valid, including the now rarely-applied embossing Seal, the digital Seal is now preferred. In some jurisdictions and for some permit applications, it is now the only type of Seal accepted.
To ensure the authenticity and integrity of sealed documents, the AIBC and other professional regulators use encrypted digital sealing technology issued by specialized providers. Notarius provides this service to the AIBC; it is the only provider of digital seals for Architects AIBC. No other form of authentication of the Seal is acceptable. The Notarius process authenticates not only the Seal itself, but also the individual who applies it, and verifies they are registered as an Architect AIBC, in good standing, and eligible to apply the Seal.
The Digital Certificate (Seal) may be applied with the Notarius application ConsignO, which is provided without charge. It may also be applied with other applications, such as Bluebeam or Adobe Acrobat.
There have been recent cases of fraudulent activity involving the Architect’s Seal in Canada, which highlight the critical importance of the required Notarius digital authentication to ensure that sealed documents have been issued by the Architect AIBC who sealed them. Apart from the convenience of the digital Seal, the Notarius Digital Certificate protects Architects from the fraudulent use of their Seal.
AIBC Contact
For more information about Part I or Part II of this Regulatory Review series, or if you have any questions about Direct Supervision, the use of the Seal, or any other practice matter, please email practiceadvice@aibc.ca.
Issues of AIBC Regulatory Review will be published on a regular basis, announced via Connected and archived on the AIBC website.