An architect who had been reprimanded twice in the past five years has now been struck off the ARB register
Kanak Bose was fined £1,000 by the ARB in 2012 after he failed to report two liquidations, but just two years later he has been struck off the register after being found guilty of unacceptable professional conduct.
The ARB’s Professional Conduct Committee heard how Bose had purchased property from a development company for which he acted as an architect. He also became the director of the main contractor on the six-home development.
Problems later arose with the scheme, preventing a practical completion certificate from being issued. Due to the lack of certificate, the homeowners were unable to secure a mortgage and complete their purchase.
In 2011, after 10 years of dispute between the development company and the clients, the court ordered them to deal with the issues, but this didn’t happen. Only after further legal action was an architects’ certificate eventually issued in September 2012.
The allegations faced by Bose were that he had failed to provide the necessary documentation as provided for in the contract, and that he had neglected to ensure that works were completed to a satisfactory standard.
Bose denied all of the allegations, asserting that he was merely acting on the instructions of the development company, and as the complainants were not his clients, that he owed no duty of care to them. But this was rejected by the committee.
The committee said that Bose had ‘displayed a lack of openness’ in dealing with both the complainants and the ARB, and during the hearing it emerged that he received a third share in the profits of the development company.
Previous story (AJ 09.05.12)
Architect hit with £1,000 ARB fine
An architect has been slapped with a fine by the Architects’ Registration Board for failing to report two liquidations
A hearing at the ARB’s Professional Conduct Committee on 3 May 2012, found the architect to be guilty of three allegations, namely of failing to manage two companies prudently and to report two liquidations of his companies to the Registrar.
The ARB found there had been ‘no element of dishonesty’ in Bose’s actions after he omitted to inform the board of the demise of DJR Homes Ltd and Kanak Bose Ltd within the requisite 28 days .
Bose admitted to all three allegations and agreed that they amounted to unacceptable professional conduct. He stated that the economic failure of the two companies was a result of the slump in the housing market, inadequate funding and to disputes with fellow directors.
In considering the circumstances, the ARB concluded that the appropriate sanction was a £1,000 penalty order.