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69 Cards in this Set
- Front
- Back
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Final payment may be issued when... |
1.) Contractor has fully performed the Contract except for the contractors responsibility to correct work and satisfy any requirements that extend beyond the final payment. 2.) Contractor has submitted final accounting for the Cost of Work 3.) A final Certificate of Payment has been issued by the architect. |
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When must the owners final payment be issued by? |
no later than 30 days after the issuance of the architects final Certificate for Payment |
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What is included in the "contract documents"? (list 4) |
1.) AIA Contract Documents (including supplementation conditions) 2.) Drawings 3.) Specs 4.) Addenda |
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Modifications to the projects contract documents can only be made through these forms... (list 4) |
1.) a written amendment to Contract, signed by both parties 2.) a Change Order 3.) a Construction Change Directive 4.) a written order for a minor change in the Work issued by the architect |
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List the 3 services required by the owner |
1.) Owner must provide to the contractor all necessary surveys and legal descriptions of the site (Contractor must rely on the accuracy of this information)
2.) Owner must exercise precaution relating to the safety performance of the work
3.) Owner must pay for necessary easements, approvals, assessments, and charges required for the construction work to proceed |
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When does the owner have the right to stop the work? (list 2) |
1.) Contractor fails to correct work which isn't in accordance with the CDs 2.) Contractor repeatedly fails to carry out the work in accordance with the CDs |
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If the Owner issues a written notice to commence work or to correct previously installed work, how long does the Contractor have? |
10 days |
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If the Contractor fails to commence work or corrections after a written notice by the owner, what are the Owner's rights? (list 2) |
1.) Have someone else correct the work 2.) Deduct the cost from the Contract Sum |
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Commencing work is representation that the contractor has done what? (list 3) |
1.) Visited the site 2.) Become familiar with local construction conditions (i.e. code, zoning, etc.) 3.) Reviewed the Contract Documents |
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There is an error in the existing conditions measurement, therefore affecting the construction of the project. What is the Contractor's responsibility and what must they do in this situation? |
It is the contractor's responsibility before starting each portion of the work to compare the CDs with conditions and notify the architect of any errors, omissions, or inconsistencies.
In this case the Contractor should notify the architect of the conditions and request information as how to proceed. |
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Roof details are for the roofing, siding details are for siding - who is responsible for the sealant in between? |
It is the Contractor's responsibility to coordinate work between trades in accordance with the CDs. |
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The Contractor wants to make a substitution, what is the approval process? |
Ask the architect for an evaluation and approval, obtain the consent of the owner. |
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What is included in the Contractor's warranty? (list 2) |
1.) Materials and equipment used will be of good quality 2.) Work will be built to the requirements of the Contract Documents |
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What is excluded in the Contractor's warranty? (list 4) |
1.) Remedying damages not caused by the Contractor 2.) Fixing alterations not made by the Contractor 3.) Remedying improper operations and maintenance 4.) Fixing normal wear and tear |
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Who pays for government inspections? |
The Contractor |
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Who pays for the building permits? |
The Contractor |
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What is included in the Allowance amount? (list 4) |
1.) Cost of material 2.) Cost of equipment 3.) Cost of delivery 4.) Taxes |
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What is not included in the Allowance amount? (list 4) |
1.) Cost for unloading and handling on the site 2.) Cost of labor 3.) Overhead 4.) Profit |
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What is the contractors responsibility in regard to construction schedules? (list 4) |
1.) Contractor shall prepare and submit constructions schedule to owner and architect promptly after being awarded the Contract 2.) Construction schedule shall be revised at appropriate intervals 3.) Shall pertain to entire extent of work as specified by the Contract Documents 4.) Shall be exepeditious and practical |
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When the Contractor submits Shop Drawings (or Product data, samples, submittals) to the Architect he is also verifying that he has done the following... (list 3) |
1.) Reviewed and approved the shops 2.) Made field measurements/verified the materials in relationship to the requirements 3.) Coordinated the shops with the requirements of the Contract Documents |
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What does the Indemnification Clause in AIA Contract A107-2007 State? |
That the contractor shall hold harmless the architect and the owner for any damages or injuries that may arise. - but only when damages were cause by negligent acts on the contractor's part. |
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When must the Contractor submit the list of his subcontractors and to who? |
The contractor must submit to the Owner and Architect a list of subcontractors in writing as soon as possible after the award of the Contractor |
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Who may object the list of subcontractors? |
The Owner and/or Architect may make reasonable objection in writing within ten days of receiving the Contractor's list of subcontractors/suppliers. |
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How does a rejected subcontractor affect the Contract? |
If the rejected subcontractor was capable of performing work but was rejected nonetheless, the Contract Sum and Contract time shall be increased or decreased by the difference caused by the change and an appropriate Change Order shall be issued before the commencement of the substitute subcontractor's work. |
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The contractor discovers that that the existing slab is severally un-level and will a layer of gypcrete to be added to the cost of the project. Who pays for this? |
The contractor must notify the Owner and the Architect. The owner and contractor must mutually agree in this case that the Contract Time and Contract Sum are to be adjust. In which case the Owner would pay the cost. |
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What happens to the Contract Time if commencement of work is delayed due to labor disputes? |
The Contract Time shall be extended by Change Order for such reasonable time as determined by the Architect. |
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When must the Contractor submit a schedule of values? |
Before the first application for payment. The schedule of values should allocate the entire Contract Sum to the various portions of Work. |
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When the Contract Sum is based upon Cost of Work what must the Contract submit to the Owner along with his Application for payment? (name at least 3) |
1.) Payrolls 2.) Petty cash accounts 3.) receipted invoices 4.) invoices with check vouchers attached 5.) Any additional evidence required by the Owner to demonstrate that cash disbursements made by the Contractor equal the progress payment amount |
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When shall the owner issue payment for matterials |
Once the materials are delivered and suitably stored at the site. If approved by the owner the materials may be stored off site to protect from damage (must be agreed upon in writing). |
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When may the architect withhold a Certificate for Payment? (list 5) |
1.) Defective work not remedied 2.) third party claims have been filed on the Contractor or reasonable evidence there of 3.) failure of the Contractor to make payments properly to Subcontractors for labor, materials, or equipment 4.) reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum 5.) Damages to the Owner or a separate contractor 6.) Reasonable evidence that the work will not be completed within the Contract Time and that the unpaid balance would not be adequate to cover the damages for the anticipated delay .) Repeated failure to carry out the Work in accordance with the Contract Documents. |
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How long does the Contractor have to pay his Subcontractors once he receives a progress payment? |
7 days |
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The architect asked the Contractor to correct a mistake in the work but has since then issued a certificate of payment. Does the contractor have to complete the change? |
Yes, certificate of payment or a progress payment does not constitute acceptance of Work no in accordance with the Contract Documents. |
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What must be submitted before the architect makes their final inspection? |
1.) Contractor's written notice that the Work is ready for final inspection and acceptance 2.) Final Application for payment |
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The Final Payment waives all claim by the owner except... (list 3) |
1.) Liens, claims, security interests that arise out of the Contractor 2.) Failure of work to comply with the Contract Docs 3.) terms of special warranties |
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If a Government agency requires the contractor to clean up hazardous materials on the project site, who pays? |
The owner |
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At what time must the Contractor submit Certificates of Insurance and to whom? |
Contractor must submit Certificates of Insurance acceptable to the Owner to be files with the Owner prior to the commencement of Work |
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If the Contractor's insurance policy is expiring, how long before the expiration date must the owner be notified? |
Each insurance policy must contain a provision that states that the policy will not be canceled or allowed to expire without at least a 30 days written notice given to the Owner. |
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The Contractor's commercial liability coverage must cover what? |
1.) The owner, architect, and architects consultants for claims caused by the Contractor's negligence during the Contractor's operations 2.) The owner, additionally for claims caused by the Contractor's negligence during the Contractor's COMPLETED operations |
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When may the Owner terminate the Contract with the Contractor? (list 4) |
1.) repeatedly fails to supply enough skilled workers or proper materials 2.) fails to pay subcontractors for materials/labor 3.) repeatedly disregards codes, regulations, laws, etc. 4.) Substantially breaches provisions in the Contract Documents
- If any of the above reasons exist the Owner may issue a notice that the contract will be terminated in 7 days and take possession of the site, all materials, equipment, tools and finish the work via their own method |
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If costs and damages incurred by the Owner exceed the unpaid balance of the Contract Sum, who pays for this? |
The Contractor |
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How long should a dispute be left open before it moves to mediation and possible arbitration? |
30 days max |
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How long should a mediation term be held prior to arbitration if needed? |
60 days from the date of filing |
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Both the Contractor and Owner waive claims against each other for consequential damages. List 2 types |
1.) Damages incurred by Owner for Rental expenses, loss of profit, income, etc. 2.) Damages incurred by Contractor for typical office expenses, such as loss of financing, business, reputation, profit. |
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What insurance is the Architect required to maintain for the duration of the Contract? (list 4) |
1.) General Liability 2.) Automotive Liability 3.) Workers Compensation 4.) Professional Liability
- Owner shall reimburse the architect for any additional cost |
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When should the architect submit and consequently update the Cost of Work? |
Architect should propose a budget to the Owner for the Cost of Work at the beginning of the SD phase and update the Cost of Work after each Development phase (i.e. SD, DD, CD). |
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What does the project manual include and who i responsible for preparing it? |
The architect shall compile a project manual, during the development of the CDs, that includes the Conditions of the Contract for Construction, Specs and possibly bidding requirements/sample forms. |
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How should the architect assist the Owner in project bidding? (list 5) |
1.) Making copies of Bidding Documents 2.) distributing the Bid Documents and maintaining a log 3.) Organizing the pre-bid conference for prospective bidders 4.) Preparing responses to questions from prospective bidders 5.) Organizing the opening of bids and distributing the bidding results as directed by the owner.
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What are the dates in which the architect is responsible for providing Construction Phase Services? |
Begins with the award of Contract for Construction and terminates on the date the Architect issues a final Certificate for Payment |
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Who much be present for the inspection before Substantial Completion and before Final Completion |
The architect and the owner |
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Before work is declared Final Completion, what must the architect receive from the Contractor and consequently forward to the owner? (list 3) |
1.) Consent from surety for release of final payment 2.) Affidavits, receipts, releases and wavers of liens/bonds indemnifying the Owner 3.) Any additional documentation required from the Contractor under the Contract Documents |
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After Substantial Completion and before the one year expiration what is the architect required to do if requested by the Owner? |
Without additional compensation, conduct a meeting with the Owner to review the facility for operations and performance. |
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List 4 additional services that may be provided by the architect |
Programming Multiple preliminary designs Measured drawings Existing facilities surveys Site Evaluation and Planning Building information modeling Civil engineering Landscape design Interior Design Value Analysis Detailed cost estimating On-site project representation Conformed construction documents As-Designed Record drawings As-Constructed Record drawings Post occupancy evaluation Facility Support Services Tenant-related services Coordination of Owner's consultants Telecommunications/data design Security Evaluation and Planning Commissioning Extensive environmentally responsible design LEED Certification Fast-track design services Historic Preservation Furniture/Equipment Design |
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Additional services may not be provided after execution on the Contract Documents. True of False |
False
However, an appropriate adjustment in the architects schedule and compensation must be made. |
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The architect shall not proceed with any of these services unless notifying the owner with reasonable promptness,explaining their necessity, and receiving written authorization form the Owner. (list 11) |
1.) services necessitated by a change in initial information 2.) services necessitated by the Owners request for extensive environmental design (i.e. LEED certification) 3.) Changing previously prepared documents that need to be edited due to changes in code, laws, etc. 4.) Services required by the owner that have not been rendered in a timely manner 5.) Preparing digital data for transmission to the Owner's consultants 6.) Preparation of design and documentation for alternate bid or proposal requests by the Owner 7.) Preparation for presentation at a public meeting/hearing 9.) Evaluation of the qualifications of the bidders 10.) Consultation concerning the replacement of work resulting from a fire or other 11.) Assistance to the initial decision maker, if not already the Architect
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The architect is to provide these services unless notified otherwise by the owner with reasonable promptness. (list 6) |
1.) Reviewing Contractors submittal out of sequence 2.) Responding to the Contractors RFIs that are not prepared in accordance with the contract Documents 3.) Preping Chang Orders and Construction Change Directives 4.) Evaluating and extensive number of Claims as the Initial Decision Maker 5.) Evaluating subsitutions proposed by the Owner or Contractor and makings subsequent revisions to the Instruments of Service 6.) Providing services after the date of Substantial Completion or the anticipated date of Substantial Completion |
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If the architect asks the Owner for information, how long does the Owner have to furnish this request? |
15 days |
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What happens if construction is not complete but the architect has already met the limits of his Construction Phase Services? |
The Architect shall exceed the limits and provide them as Additional Services to the Owner. The number of additional shop drawing reviews, site visits, inspections, etc may indicated in the Contract Documents if needed. |
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What does the Cost of Work not include? (list 6) |
1.) Compensation of the architect 2.) Costs of the land 3.) Rights of way 4.) financing 5.) Contingencies for changes in the work 6.) other costs that are the responsibility of the owner |
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After CDs are submitted to the owner, how long does the Owner have to commence the Bidding/Negotiating phase before the Cost of Work budget must be adjusted according to the change in construction market prices? |
90 days |
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What should the Owner do if the lowest bidder exceeds his budget? (list 5) |
1.) Increase budget 2.) authorize rebidding 3.) terminate 4.) revise the program with the architect (architect will not receive additional compensation for this service) 5.) implement any other mutually acceptable alternative |
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Legally, what is it called when the architect allows the Owner to use their Construction Documents to build a building? |
Nonexclusive license |
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If the owner and architect cannot agree on something and need to move to mediation. Who pays for this? |
They split the mediator's fee equally |
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What is builder's risk insurance? |
It's a form of insurance, which covers a building where the building is presently being constructed. It can cover just the structure, or also the materials on site waiting to be installed or transported to the job site |
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What percentage of the construction contract sum is the performance bond written for? |
100% The performance bond and the material payment bond are usually written together. Each is written for the fill amount of the construction contract and there is generally no reduction in premiums if lesser limits are purchased. |
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Performance Bond |
In short, this bond type guarantees that a contractor will complete a project according to contract. If the contractor fails to do so, the developer can make a claim to keep from losing money. Oftentimes performance bonds are issued in conjunction with payment bonds, and together they are among the most common construction bonds used in the market. |
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When may the contract time be extended? |
Only if the project's completion is delayed for causes beyond the contractor's control. (labor disputes, usual delay in transportation, unanticipated adverse weather conditions) |
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There was a previously documented crack in the concrete slab, however it has since then been covered with flooring. The architect did not request to see the repair in the crack but is asking now. Who pays for the removal of the flooring? |
If the work is found to comply with the contract documents then the owner would pay. Otherwise the contractor would pay. |
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Liquidated damages clause/penalty clause |
Enables the owner to collect a fixed sum of money if the contractor fails to complete work as promised. This clause must be accompanied by bonus provisions that reward contractors for completing the work earlier than the date originally stipulated. |
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Contingent liability |
The architect's liability for the acts of independent consultants who are retained to perform professional services |
