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83 Cards in this Set

  • Front
  • Back
what are included in the bidding documents
bidding & contract requirements
plans
specs
what are included in the contract documents
contract
plans
specs
execution of the contract means
signing by both parties
what are included in the construction documents
plans and specs
what is the current version of masterformat
2010
what is the previous version of masterformat
2004
how many divisions are in masterformat 2010
50
masterformat, uniformat, pageformat, sectionformat, and omniclass are all..
standard layouts for specs
specs that have been updated since the last full publication
supplemental specs
specs that are specific to a certain project
special provisions
specs that are being tested for inclusion in the next full release
developmental or pilot specs
military formatting tool
specs intact
another name for standard specs is
boilerplate specs
what are the 3 standard forms of agreement
AIA contract docs
consensus docs
EJCDC
these define the contractual relationships in design and construction
standard forms of agreement
the most recognized and longest producing entity of construction documents
AIA
joint venture of four major organizations of professional engineers and contractors
EJCDC
the standard form of agreement broken into families and series
AIA
the standard form of agreement broken into families
EJCDC
the standard form of agreement broken into series
consensusdocs
examples of AIA series
A, B, C, D, E, F, G
examples of consensusdocs series
200, 300, 400, 500, 700, 800
standard layout with 6 digits and 3 parts
masterformat
masterformats 3 parts are
general
materials
execution
stipulated sum is also known as
lump sum and fixed price
within stipulated sum, risk is primarily on the
contractor
the most common form of construction contract the past 100 years
stipulated sum
cost plus fee contracts work best with
design build or fast track projects
stipulated sum contracts work best with
design bid build
the most rigid form of contract is
stipulated sum
in stipulated sum, who is risk primarily on
contractor
in cost plus fee, who is risk primarily on
owner
what contract first well with design bid build
stipulated sum
what contract fits well with design build or fast track projects
cost plus fee
what is the most common form of construction contract the past 100 years
stipulated sum
alternate names for stipulated sum
lump sum and fixed price
contractors obligation in stipulated sum
do the work in the time stated
in stipulated sum, who is the first line interpreter of the construction documents
designer
advantages for which contract?
-owner can examine bids and select one that fits with his budget
-owner has greater control of expenditures
stipulated sum
disadvantages of which contract?
-fixed and relatively inflexible
-costs associated with changes
-contractor isn't involved in design to lend expertise
stipulated sum
stipulated sum
-AIA___
-AIA___
-EJCDC___
-consensusdocs___
-consensusdocs___
AIA101
AIA201
EJCDC C-700
consensusdocs 200
consensusdocs 205
contract where owner pays all the costs of work and in addition pays a fee for the contractors overhead and profit
cost plus fee
in cost plus fee, which costs are reimbursable?
direct costs (labor, material, equip, etc)
in cost plus fee, is job overhead directly reimbursable?
yes
in cost plus fee, is operating overhead directly reimbursable?
no
type of contract where owner has to closely monitor which overhead items he is being charged for separately
cost plus fee
type of contract where is it vital for the owner to have a fair and honest contractor
cost plus fee
type of contract where the owner and his rep need to be as knowledgeable as the contractor when drafting the contract
cost plus fee
type of contract where the owner has the right to access the contractors records for a specified period of time after final payment for work
cost plus fee
type of contract where the owner needs to clearly define which are and aren't reimbursable costs
cost plus fee
type of contract where there is greater emphasis on the A/E's construction knowledge
cost plus fee
is the list of bidders jointly developed by the owner, A/E, and GC in cost plus fee?
yes
in some ______ contracts, supplier contracts may be made by the owner
cost plus fee
advantages for what type of contract?
-owner can get work completed with incomplete design info
-owner maintains a great degree of flexibility
cost plus fee
disadvantages of what type of contract?
-owner does not know his final cost
-contractor deals with inconclusive set of work, impacting general planning
cost plus fee
CPF contracts standard forms:
-AIA___
-AIA___
-EJCDC___
-consensusdocs___
-consensusdocs___
-AIA101
-AIA201
-EJCDC C-700
-consensusdocs 200
-consensusdocs 205
type of contract least familiar in america and usually restricted to engineered construction work
unit price
type of contract that requires detailed measurements for payment
unit price
in unit price contracts do the standard forms of agreement typically allow the owner to review and approve the list of subs?
yes
Any contract in which one of the documents is a collection of bills, or schedules, of measured quantities of the work items and the job overhead items required by a lump-sum contract.
contracts with quantities
what type of contract?
-sub lists may be required at bid or shortly thereafter
-changes to the sub lists will lead to a higher cost for the next highest sub
contracts with quantities
An established principle or proposition. A principle of law universally admitted, as being just and consonant with reason.
maxim
1. A general truth, fundamental principle, or rule of conduct .
2. A proverbial saying
maxim
Underlying principles.
Represent basic attitudes of the U.S. courts on various legal disputes.
Often unstated!
aka “public policy”.
maxims of law
Entity who enters into a binding agreement with
one or more other contracting parties and thus
accepts the benefits and obligations specified
therein.
party to a contract
the us legal system is a _____ law system
common
Continental Europe and Louisiana.
Based (primarily) on codes and statutes.
Judges / courts interpret and apply the law.
civil law system
Rest of U.S. and countries tracing legal heritage to England.
Based on codes and statutes – as well as case law.
Decisions above the trial court (appellate and supreme courts) are law that applies to subsequent cases.
common law system
-an area that has its own independent set of laws
-power to hear a case
jurisdiction
makes and enacts the laws
legislative branch
laws are also called
statutes
like statues may be grouped into a
code
Established to help legislative and executive branches carry out certain types of laws.
-IRS – Internal Revenue Service
-DOT – Dept. of Transportation
-SSA – Social Security Administration
-EEOC – Equal Employment Opportunity Comm.
-OSHA – Occupational Safety and Health Admin
administrative agencies
caries out and enforces the laws. only branch that can apply force to the populace
executive branch
interprets laws
judicial branch
3 levels of courts
trial
appellate
supreme
majority of construction disputes are _____ using the law of their jurisdiction
arbitrated
can a construction contract end up in the us supreme court?
probably not
does a decision by one appellate judge obligate another judge?
no
having different laws under the same jurisdiction (grand rapids v detroit) may lead to the supreme court hearing an appeal for a state wide
common law
_____ law supports and upholds voluntary duties between parties
contract law
_____ law supports and upholds duties imposed by law between parties
tort law
a party must honor its contract or respond in
damages