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65 Cards in this Set

  • Front
  • Back
Owner's Role
Take leadership role in beginning of the project by setting the tone at a preconstruction meeting, or conference.
Lien
Recall: A legal claim against the property of another as security for the payment of debt. May give the holder a right to sell the property to satisfy the debt if it is not otherwise paid. Removed when the contract is paid.
lien waiver
Receipt for getting paid, nearly impossible to defend in court.
-Conditional
1. Conditional Waiver on final payment
2. Conditional waiver on progress payments.
- Unconditional
3. Unconditional waiver on progress payments
4. Unconditional waiver on final payment
Mechanic's lien
A claim created by state statute for the purpose of securing priority of payment for work on materials furnished in constructing a building or other structure, and as such the lien generally attaches to the land as well as the improvements of it.
Preconstruction Meeting
- Clarify lines of communication and authority.
- Attendees likely to be the owner, architect, engineers, general contractor, subcontractors, vendors, utility personnel, fire marshal, inspectors, and any other important parties to the project.
- Agenda will cover all items in the general conditions and supplemental conditions portion of the contract.
Schedule of Values
- Detailed statement furnished by construction contractor, builder or others outlining the portions of the contract sum.
- It allocates values for the various parts of the work and is also used as the basis for submitting and reviewing progress payments.
RFI
- Requests for information
- Written request for clarification regarding some detail in the plans, specifications or both.
- Every single inquiry must be documented.
- General contractors often have a form that their subs must use for consistency.
RFI Flow
Architect or Engineer
^
|
General Contractor
^
|
Subcontractor request
Submittal
- Data involving samples, colors, texture, product literature, shop drawings, etc.
- Presented to the architect by contractor for approval before orders are places.
- Architect checks for conformance with plans and specs.
Most, if not all items to be installed will require a submittal.
Final Payment
Can only be released when the job is totally complete - all paperwork complete, punch list approved.
Job Wrap up Requirements
- Certificate of Occupancy recieved
- As-built drawings delivered.
- Warranties provided.
- Test reports furnished.
- Full lien waivers presented.
Types of delay claims
- Non-excusable
- Excusable but non-compensable
- Excusable and compensable
Mediation
- An impartial 3rd party facilitates a negotiated settlement between the parties.
- no attorneys involved.
- less time and money required
Minitrial
- One step above mediation in complexity, time commitment and money
- Executives from both sides are involved
- Attorneys are involved for both sides in a simple, brief trial with a 3rd party acting as a tie-breaker.
Arbitration
- Binding arbitration is often the dispute resolution method stipulated in the general conditions section of the construction market.
- time consuming and costly.
- Arbitrator is played by impartial 3rd party.
- Arbitrator's decision is final.
Litigation
- Dispute settlement in a court of law
- decisions made by judge or jury
- Attorneys required on both sides.
- Extremely time and money costly
- The final option open to parties involved in a dispute.
Superintendent
The owner's or GC's representative on site. Responsible for coordination of workers and vendors, continuous field supervision and completion of the work.
City Hall Building Department
permits and inspections
Zoning department
laws governing regulation and use
Environmental concerns associated with construction
- Soil erosion
- Endangered species protection
- Protected vegetation
- wetlands protection
- Historical or cultural arifacts
What percentage of north american waste is generated by construction
25-45%, but almost all is recyclable, and money can be saved by recycling.
Log or project diaries
Should be kept by every project team member, especially the super.
- Telephone calls made or recieved
- Faxes sent and recieved
- Submittals
- Deliveries
- Change orders
- Requests for information
Critical path
- Longest path, in days, through a construction schedule.
- The end is the soonest date on which a given project may be completed.
- If an activity is on the crit path is delayed, the project completion date will be delayed.
Keeping score
The basis for project debriefing, helps to improve future projects with regard to time, money, quality and safety.
Debriefing Questions
- What went well?
- What didn't go well?
- Why did things happen?
- What will we do differently and better next time?
- How can we use this?
Types of Activities to be Scheduled
1. Administrative
2. Procurement
3. Production
Administrative Activities
- Permits
- submittals
- testing
- inspections
- these activities can consume lots of time in your schedule, you usually have no control over this.
Procurement activities
Obtaining materials, equipment, subcontractors
Production Activities
Everything associated with actual construction of a project.
- some activities do not require effort, but require time, such as concrete curing.
Change Order
New or different labor and/or materials not reflected in the estimate.
- Installing an extra door
- Installing a different door than shown on the plans and in the specifications.
Crashing the schedule
Throw additional resources to the critical path without getting the highest level of resources.
- adding someone who will not get the job done very quickly, but will keep you on schedule to avoid late penalties.
Biggest factors in a Company's profitability
Quality and Safety
Quality
- Meeting or exceeding the requirements of a project as enumerated in the plans and specs.
- Level decided by the design team and owner, as well as the cost of finer materials.
Ways to manage quality
- Obtain good plans and specs
- Provide regular inspections
- Provide adequate supervision
- Accept only qualified workers
- Never accept inferior work
- Maintain a positive attitude toward quality.
Total Quality Management
No matter how good your product, process or performance is, it can always be improved upon.
How to implement TQM
- Identify the problem
- Break it down into steps
- Identify the weak link
- Determine the remedy
- Apply the remedy
- Measure the results (is it better, worse, or the same)
Quality Assurance Function
Deals with policies and procedures
- Hiring practices
- Training
- Safety
- Subcontractors - prequalify
Quality control function
Deals with quality management at the project level and addresses conformance with the plans and specs.
- tools used are
+ submittals
+ shop drawings
+ inspections
+ mockups
+ testing
Correction Notice
A notice of inspection fail that allows the job to continue going.
Stop work notice
Notice of inspection failure where job must stop immediately.
Mock-ups
- Small model made of the specified components
- Need specified by contract documents
- Architect may require them if any question exists as to whether the owner will be satisfied.
ASTM
American Society for Testing Materials
- Develops voluntary standards for materials, products, systems and services.
Underwriter's Laboratory
Independent product safety testing and certification organization, adds credit to materials and systems.
OSHA
Occupational Safety and Health Administration
- Gov't organization, can levy fines
Prebid Risks
- Alone or Joint venture?
- Intended profit margin?
- Contingencies
Design Risks
Have to choose a design team and build
- Puts CM at risk
Construction Risks
Controllable
- Safety
- Productivity
Uncontrollable
- Mother nature
- Labor availability
- Labor disputes/strikes
Prevailing Wage
- Sets minimum hourly wage and fringe benefits for workers on all federal and federally funded projects over $2,000
- Usually determined by the most recently negotiated union wage and fringe benefit rates.
this sensory corpuscle is a large, encapsulated nn ending found in deeper layers of skin at ligaments, joint capsules, serous membranes, and mesenteries. It is involved in pressure, coarse touch, vibration, and tension.
pacinian corpuscle
Scab
A worker who refuses to join a union; a union member who refuses to strike or returns to work before the strike has ended.
License is Required for
- Architects
- Engineers
- Surveyors
- Residential buildings
- Specialty contractors
- NOT for GC
GC bidding on specialty work
Can bid, but must hire someone else to do the work
Michigan Construction Lien Act
- Protects rights of contractors, vendor and employees to payment.
- Protects owners from having to pay twice for such goods and services
Lien Act Requirements
- Notice of Commencement
- Notice of Furnishing
- Sworn Statement
- Waiver of lien
- Claim of lien
Notice of commencement
Advises potential lien claimants of the project owner's name, legal description of where the project is located.
- must be posted clearly on property
Notice of Furnishing
Alerts the owner who is furnishing goods or services to a project so they can determine who has lien rights if payments aren't recieved.
Sworn Statement
Lists subcontractors, suppliers, laborers that the contractor or subcontractor is contracting with to complete the project.
Negotiable contract items
- Extended payment terms or discounted quick pay
- Late payment terms (be wary of % of sale!)
- Buy out terms
- Taxes and other fees
- freight, fuel charges, hazmat fees, etc.
- Price increases.
Liquidated damages
Type of punitive damages where the penalty amount for a proven violation of a law or contract provision is designated in advance.
Promissory Note
A note is a document which serves as evidence that debt exists between a borrower and a lender, and usually contains the terms under which the loan must be repaid and the rights and responsibilities of both parties.
Items Contained in a note
- Interest rate
- Amount borrowed
- Maturity Date
- Payment
+ Amount, number and due dates
- Collateral
Plat Plan
Aerial view of a subdivision, shows some or all lots, includes roads, ponds, green space, natural features.
Floor Plan
less architecturally detailed than an architectural drawing, shows setup of room and design features rather than absolute dimensions.
Structural Plans
Made by structural engineers to be sure the building can withstand vertical and horizontal loads.
QuickBooks Premier Contractor Edition 2011
Software to help contractors plan, budget and reduce waste on jobs