Study your flashcards anywhere!

Download the official Cram app for free >

  • Shuffle
    Toggle On
    Toggle Off
  • Alphabetize
    Toggle On
    Toggle Off
  • Front First
    Toggle On
    Toggle Off
  • Both Sides
    Toggle On
    Toggle Off
  • Read
    Toggle On
    Toggle Off
Reading...
Front

How to study your flashcards.

Right/Left arrow keys: Navigate between flashcards.right arrow keyleft arrow key

Up/Down arrow keys: Flip the card between the front and back.down keyup key

H key: Show hint (3rd side).h key

A key: Read text to speech.a key

image

Play button

image

Play button

image

Progress

1/142

Click to flip

142 Cards in this Set

  • Front
  • Back

A series: Owner - Contractor


what the 6 important sections to remember?

A101: Standard Form of Agreement (Stipulated Sum)


A201: General Conditions of the Contract for Constructions


A305: Contractor's Qualification Statement


A310: Bid Bond


A312: Performance and Payment Bond


A511: Guide for Supplementary Conditions


A701: Instruction to Bidders

B Series: Owner - Architect


what the 2 important sections to remember?

B101: Standard form of Agreement between Owner and Architect


B101 A: Initial Information

C Series: Architect - Consultant

C401: Standard form of Agreement between Architect and Consultant

D Series: Architect - Industry

D101: Methods of calculating the areas and volumes of buildings

E Series: Digital Data

E201: Digital data protocal exhibit

G Series: Architect - Office and Project Forms


what the 2 important sections to remember?

G602: Geo-technical Services Agreement: used by the O to request a proposal from a geo-technical engineer for geo-technical services. if the proposal is acceptable, this document can be used as the basis for an agreement between the owner and the engineer for both pre-construction and construction services


G612: Owner's Instruction to Architect: assist the architect in dealing with the owner on matters of insurance, and documents the owner's instruction about insurance coverage and limits. It is in a checklist format and it can be used by the owner and the owner's insurance agent to decide which bonds and insurance will be required, as well as the limits of coverage


G701: Change Order


G702: Application and Certificate of Payment: identifies the project and parties, and summarizes the status of payment under the contract


G703: Continuation Sheet: continuation of G702. used by the contractor to provide a detailed breakdown of the various component of the work and the scheduled value for each component for which payment request is made


G704: Certificate of Substantial Completion


G705: List of Subcontractors: filed by the contract to the architect. it records the various subcontractors performing work on the project


G706: Contractor's Affidavit of payment of debts and claims


G706A: Contractor's Affidavit of release of liens


G707: Consent of surety to final payment


G707A: Consent of surety to reduction in or partial release of retainage


G709: proposal request: used by the architect to outline the work anticipated for a change order


G710: Architects supplemental instructions: enable architect to order minor modifications to the work not affecting contract time or contract sume


G711: Architect's field report: used to inform the owner and contractor of the architect's observation at the site


G712: Shop drawing and sample record: used by the architect to document the receipt and return of submittals


G714: Construction Change Directive


G715: Supplemental attachment for Accord Certificate of Insurance


G804: Register of Bid Documents: used by the archect to list information about bid deposit, lists who received a bid set to facilitate addenda distribution


G807: Project Directory: used by the architect as a format for information about the architect staff, consultants, and contractors hired by the owner


G809: Project Data: used by the architect to record basic information about a project


G810: Transmittal Letter: used by the A to record what was sent to whom and when it was sent

Fiduciary:

party to whom another party entrusts property for safe keeping

Indemnification:

also called Hold Harmless Clause, is a contractual obligation whereby one party agrees toguarantee another party against loss or damage from specified liabilities

Schedule of Values:

a statement furnished to the architect by the contractor reflecting the amounts to beallotted for the principal divisions of the work. It serves as a guide for reviewing the contractor’s periodicapplications for payment.

Record Drawings:


what are 4 things to remember?

they show field changes that occurred during construction, which may vary from theinformation shown in the working drawings.


1. They are not as-built drawings.


2. A201 does not cover thepreparation of record drawings, if they are required, generally by the owner; the procedures are usuallyindicated in Division 01 of the specifications.


3. Field changes should be recorded by the contractor on a set of record prints at the site. These notations should be transferred onto a permanent reproducible medium bythe contractor.


4. If the owner wants the architect to do it, it will be considered a Change in Services

Substantial Completion:

according to A201 – it is the stage in the work when the work or designated portionof the work is sufficiently complete in accordance with the contract document so that the owner can occupyor utilize the work for its intended use.

what is the procedure to determine substantial completion? 3

1. The contractor decides the point of substantial completion and is required to prepare a punch listthat identifies all the remaining work required by the contract documents, as well as defective anddamaged work that must be replaced or repaired.


* failure of the contractor to include an item ofremaining work on the punch list does not alleviate his/her responsibilities


2. Once the architect receives the punch list, he/she must inspect the work to determine whether it isin fact substantially complete. At that time he architect and owner may add items to the list to becorrected


3. If the architect agrees with the contractor that work is substantially compete, the architect preparesthe Certificate of Substantial Completion

Certificate of Substantial Completion (G704):


what 3 items happen when document is granted?

document prepared by the architect stating that the work issubstantially complete, thereby establishing the date of substantial completion.


1. fixes the timewithin which the contractor must complete the unfinished work in the punch list.


2. defines theresponsibilities of both the owner and contractor for the provision of security, maintenance, heat, utilities,and liabilities for damages to the work, responsibility to provide insurance while the contractor completesthe work on the punch list.


3.This document has to be signed by the owner, architect, and contractor.

Retainage:??

the process by which the ownerwithholds money from the contractor as protection against the contractor’s potential failure to completethe work according to the contract documents.


It can also be used by the contractor’s surety company tohelp pay for completing the work in the event of a default by the contractor. For that reason retainageshould not be reduced or released without the written consent of the surety (G707A). If no retainage isstipulated in the contract documents, the owner cannot arbitrarily withhold a part of a payment to thecontractor, unless the architect certifies that work is not being properly performed and that the contractor isnot entitled to the amount requested in the application for payment.


provisions usually found in A101

Quality control:

involves carefully checking the work (a contract, a set of drawings, a design sketch) beforeit is distributed to the user (owner, contractor, and drafter).

Quality Assurance:

a supplement to quality control. It requires that in designing, documenting, andconstructing a building, the proper resources and scrutiny are applied to each part of the process.

Total Quality Management (TQM):

developed in response to the limitations of quality assurance.Quality Control + Quality Assurance + All aspects of service → customer satisfaction (the client, the user, thepublic, and the profession)

Statute of Limitations:

an ordinance which specifies the period of time within which legal action must bebrought in order to obtain legal relief for damage and injury

Liquidated Damages:

-included in the Owner/Contractor agreement -It is an amount of money stipulatedin the contract that is chargeable against the contractor as reimbursement for damages suffered by theowner because of the contractor’s failure to fulfill contractual obligations, such as the failure to achievesubstantial completion on time or for bonus payments for early completion of the Work. Liquidateddamages are not a penalty to be inflicted on the contractor. If liquidated damages are to be assessed because delayed construction will result in actual loss to the owner, the amount of damage due for each daylost should be provided for in the Supplementary Conditions of the contract.

Mechanics’ Lien / Lien:

a claim against someone’s property, not the on the person’s other assets. Itprovides security that labor and materials supplied to construct buildings will be paid in the event of nonpaymentto those who furnished labor and materials (i.e. subcontractors, and material suppliers). It forcesthe sale of the owner’s property in order to satisfy a claim for payment. Clear title to the property cannot beobtained until the claim is settled. Mechanics’ Lien is not permitted on public projects, for that reason, theMiller Act requires labor and material bonds to be acquired by the contractors.

what are 3 courses of action that can protect the owner against mechanics’ lien?



1. Retainage: by withholding a small percentage of the money owed to the contractor as theconstruction progresses, the owner will have funds to pay for labor and materials if thecontractor fails to make payments. Retainage should never be reduced or released without thewritten permission of the surety company. AIA G707A


2. Labor and material bond: the owner may request the contractor to purchase a labor andmaterials bond, which guarantees payment for labor and materials if the contractor fails to paythem. AIA A312


3. Affidavit and releases of liens: Contractor must submit those in order to get final payment, andin some cases progress payments. AIA G706A

Changes in the work:

FILL IN THE BLAXKS

Alternates:

changes to specific parts of the drawings or specifications that allow an owner to tailor bidproposals to fit the available funds, or to allow choice between alternative materials or equipment.Alternates may be additive (added to the base bid) or deductive (deducted from the base bid)

Unit Cost:

cost of the work is determined by unit prices when the quantity of a particular type of work isunknown or varies from that shown in the contract documents. All unit prices should be quoted as eitheradditions to or deletions from the contract.

Agent:

someone who is authorized to act on behalf of another party, the principal

Negligence:

failure to meet the ordinary standard of care expected of an architect under the same or similarcircumstances as those associated with actual allegations of negligence in a specific case

Area/Volume Estimate:

type of cost estimating, used primarily during the Schematic Design (SD)phase because of the lack of details available, to determine a preliminary cost estimate based on cost persquare foot [area] and cost per cubic foot [volume].

Subsystems Estimate:

type of cost estimating, used when more details become available in a project,usually during the Design Development (DD), and Construction Documents (CD) phase. It deals with aproject’s functional units or assemblies and enables comparisons between different conceptual solutionsduring those design phases.

Detailed Estimate:


(Quantity and Cost Method / Labor and Material Method)

type ofcost estimating that is usually a change in services in respect to the architect, as it requires a more in depthresearch on cost. For that reason, architects usually hire cost estimating consultants to provide that service.It requires a detailed calculation of the amount of each type of material, and labor necessary to produce therequired construction. Costs per unit of material and labor are applied to the calculated quantities to arriveat the total direct cost of the construction work. Indirect costs must also be added.

what 4 items are included in Indirect Costs?

1. The contractor’s overhead: insurance, payroll taxes and benefits, general and administrativeexpenses


2. General conditions costs: project signs, drawings and photos, permits, repairs, clean up,engineering surveys and inspections, tests, repairs


3. Contingency amount: construction escalation and unforeseen conditions


4. Contractor’s profit: as a percentage of total direct construction costs

Bar Graph Scheduling:

indicates the starting and finishing dates of major phases of the work. However, itdoes not indicate the relationship between the sequences of activities or the dependency of an activity onthe completion of the previous activity. It is superior to CPM as a means of visual communication, andinferior to CPM as a management tool

CPM – Critical Path Method of Scheduling:

a planning and management tool used in constructionplanning & scheduling. The completed CPM diagram is known as the network diagram, which must becontinuous, with no gaps or discontinuities. It requires the contractor to analyze the job logically from startto finish far better than any verbal description or bar graph. The most effective method to save onconstruction time is to reduce the critical path time →reducing critical activities reduces the wholeconstruction schedule.

Fast-Track Scheduling:

a technique to save an overall time in completing an entire project by combiningthe architect/engineer schedules with the builder’s construction schedule. It requires close coordination,staged bidding, and it is typical to hire a construction manager to supervise the construction process toestablish a degree of control over cost and time, and establish responsibility. Oversights and corrections areto be expected; they are an integral part of fast-track scheduling.


Note: fast-track scheduling is considered tobe an additional service for the architect.

what are the two main differences between A201 vs. Division 01?

1. General Conditions (A201) – a duty is established in A201:


- It is general and covers items that are common to every project. For that reason it needs tobe tailored to the needs of a specific project by supplementary or special conditions to coverunique situations.


− It is part of the Owner- Contractor agreement (A101)


− It defines the responsibilities and the relationship between the Owner, Architect, andContractor


− It has legal and contractual purpose for constructing a project


2. General Requirements (D01): a means to discharge that duty is defined in D01


− Establish administrative procedures and his found in the specifications


− Specific to a project

Supplemental conditions:

pinpoints what is unique to a project. Modifies thestandard contract forms to accommodate the legal, physical, or climatic conditionsof the specific project.

Special Conditions:

used when supplementary conditions must be further extendedby governmental agencies requirements, local laws, etc.

Proprietary specification:


what are the two types?

defines the use of desired materials, products, systems, and equipment by theirtrade names and model numbers


1. Open: Names several (usually 3) acceptable materials, products, or systems. Contractorsmay use any one of them. They are most often used on public-funded projectsbecause they promote competition. If the specs include an approved equal clause,the contractor is allowed to substitute to products of equal quality and performanceif reviewed and approved by the architect. The architect approves based onaesthetics intent, impact on cost, compliance with codes, etc.


2. Closed: Requires a particular brand or trade name for one product, and do not permitsubstitution

Reference specifications:

refers to quality standards established by recognized testing authorities or by federalgovernment such as UL (Underwriters’ Laboratories), ASTM (American society fortesting and materials), and ANSI (American national standards institute). They areusually used in conjunction with other types of specifications

Performance specifications:

define products or systems by describing desired end results that are performanceoriented. It is used when new, unusual products are required or when innovation isnecessary.

Descriptive specifications:

they describe all components and products, their arrangement and method ofassembly, physical and chemical properties, arrangement and relationship of parts,and numerous other details and requirements. This specification must be avoided ifpossible due to substantial liability

Cash allowance specification:

they are used when full information on levels of quality has not been determined orare not available at the time bids are solicited. Cash allowances may be used for thepurchase and delivery of the product only.

Party Responsibilities:


Bond VS. Insurance:

A bond is essentially a guarantee. There is no expectation of loss with a bond


An insurance company anticipates the possibility of loss and is written with the exceptionthat events will occur to cause a loss

Insurance:


1. In ___, insurance requirements are general.


2. Therefore, insurance requirements must be modified in _______________ to establish specific project insurance requirements andlimits of coverage. AIA A511

1. A201


2. Supplementary conditions



Certificate of insurance G715

a memorandum that outlines the types and limits of insurancecoverages carried by the contractor for the project. This certificate must be provided to theowner before the work commences

Subrogation:

procedure by which an insurance company, after it pays the loss of its insured, canattempt to recover this amount from the other party who may have actually caused the loss.



A waiver of subrogation clause is found in A201 which:

precludes the parties -and the property insurance company - from seeking to recover any money from each other for any loss covered by property insurance

Property: builder's risk insurance


9 items to remember

1. May be purchased by the Owner and can bepurchased by the contractor at the owner’srequest.


2. A201 requires the owner to purchase it.The insurance is equal in amount to the totalvalue of the project.


3. 2 types: all risk & named perils.


4. includes fire and property damage insurance fora project during construction


5. it covers temporarystructures, materials, equipment, and supplies.


6. Usually covers tools and equipment located within100 ft of project site, as well as property in transitor stored off-site.


7. It must include riders forextended coverage (theft, vandalism, maliciousmischief).


8. It does not cover flood and earthquake


9. The insurance will be cancelled if the owneroccupies all or part of a project prior tosubstantial completion without the insurancecompany’s consent

BOILER AND MACHINERY insurance

May be purchased by Owner if required by thecontract documents or by law

LOSS OF USE insurance

May be purchased by Owner. It protects againstfinancial losses arising out of delays or otherevents that prevent the owner from using aproject when and as intended, such as repairs,fire, replacing damaged property, etc.

WORKERS’ COMPENSATION insurance

May be purchased by the Contractor, andarchitect. A201 requires the contractor topurchase it.By law, all employers must carry this insurance toprotect employees in case of job-related injuries.It covers the liability of the employer, architects,consultant, and contractor to the employees forinjury or sickness as a result of their employment.The premiums for the insurance are included inthe contractor’s overhead costs and are thereforereflected in the bid pricesThe employer who is required to pay the worker’scompensation insurance premium is givenimmunity from a separate lawsuit by the workerwho collects the insurance benefit after an injury.However, the worker is not precluded from suingany other party who might have been responsiblefor the injury. They are called third party suits

General LIABILITY insurance

May be purchased by the contractor, owner,architect, and consultant. A201 requires thecontractor and owner to purchase it.It protects from claims for damages for bodilyinjury, sickness, disease or death of thecontractor’s employee or any other person.Professional liability/errors and omissions, is aform of liability insurance.

PROFESSIONAL LIABILITY / errors and omissionsinsurance

May be purchased by Contractor, Architect, andConsultant.Covers the liability of insured professionalsagainst claims caused by errors, omissions, ornegligence to meet the standard of care expectedfrom a professional. This coverage does notprovide for intentional wrongful acts

PERSONAL INJURY insurance

May be purchased by the contractor.It covers libel, defamation of character, slander,false arrest

PROPERTY DAMAGE insurance

May be purchased by the contractor.It covers property other than construction workitself, which may be damaged by constructionactivities except XCU: explosion, collapse, underground damages caused by mechanicalequipment unless added by endorsement

AUTOMOBILE LIABILITY insurance -

May be purchased by contractors, architect, andconsultants.It covers claims for damages arising out of the useof an owned, non-owned, or hired automobile

CONTRACTUAL LIABILITY insurance

May be purchased by the contractor.It covers liability assumed by contract. It isprimarily Indemnification/hold harmless clause,wherein contractors agree to old owners andarchitects harmless from damages arising out ofspecified events

PRODUCTS AND COMPLETED OPERATIONSCOVERAGE insurance

May be purchased by the contractor.It covers claims for bodily injury or propertydamage arising from accidents that may occurafter the construction work has been completedand turned over to the owner

BOND/SURETY BOND

Provided by surety companies that guarantee thatthe contractor will fulfill the contractual duties tothe ownerA bond involves the surety, the principal –contractor, and the obligee – owner.

AIA A312 - PERFORMACE BOND

A surety bond obtained by the contractorguaranteeing to the owner that the contractor willperform the work in accordance with the contractdocuments. Performance bond amount isnormally 100 % of the contract documents. Thedecision to eliminate the requirement for aperformance bond should be made by the owneronly after consultation with his/her attorneyand/or advisors

AIA A312 - PAYMENT BOND

A surety bond guaranteeing to the owner thatobligations arising out of the contract documentswill be paid or satisfied

AIA A310 - BID BOND/bid deposit

A bid bond is furnished by a bidder as part ofhis/her submission to guarantee 2 things, theyusually represent 5 to 10 % of the bid amount: (1)the bidder will enter into a contract with theowner at the price and on the terms stated inhis/her bid (2) the bidder will provide aperformance and labor and material paymentbond to guarantee that the work will be properlycarried out and paid for. If the bidder fails to dothese things, the surety or bonding company isliable for any extra costs

AIA A312 - LABOR AND MATERIAL PAYMENTBOND

A surety bond obtained by the contractorguaranteeing to the owner that the contractor willpay for all labor (subcontractors, suppliers) andmaterials used for the project. It protects the owner from claims arising from unpaidcontractor’s bills after final payment has beenmade and provide a means to dischargemechanics’ liens that maybe filed after thecompletion of the project. It is a clear alternativeto filing a lien in an attempt to collect from theowner

COMPLETION BOND

A surety bond obtained by the contractor orowner, which guarantees that the project will becompleted free of liens

The architect generally establishes requirements for the construction schedule(seearchitect responsibilities), while the contractor

prepares the actual schedule of construction (see contractor’s responsibilities)

Close-Out procedures are found in

Division 01 general requirements

A201 extends rights and responsibilities from

1. owner to contractor to subcontractor


2. owner to architect to consultant

what are 3 types of fabrication/manufactured?

1. Job Fabrication: built and installed on site. Ex. Concrete


2. Shop fabrication: built in a factory, installed on site. Ex: elevators, structural steel→ 3. Manufactured: bought and delivered to site. Ex: plumbing fixtures, lighting fixtures

Winds acting on buildings create:

1. moments


2. lateral forces


3. vertical forces


4.torsion

Any changes to the bidding documents made during the bidding process should bereflected in an _______, which becomes part of the contract documents upon execution of the contract

addenda

Pre-Bid Conference/Pre-Bid Meetings inform bidders about:

1. about special and unique featuresof a project. At this meeting, the architect and owner can go over the instruction tobidders, outline the bid documents and highlight unusual provisions, conduct site tours,notification on future addenda, and record questions from bidders. All answers toquestions must be formalized in an Addendum that will later become part of the contractdocuments.

Pre-construction meetings are scheduled with

selected general contractor to reviewthe contract documents, and to establish administrative procedures

OSHA applies to employers who are legally responsible for the workplace safety of theiremployees. OSHA enforcement is the __________. The contractor andsubcontractor must comply with OSHA at the construction site. Reference to OSHAcompliance in the supplementary conditions or elsewhere in the contract documents isrecommended to be ________.

government’s responsibility


omitted

the terms __________ to describe the architect’s services during theconstruction phase should be avoided and never be used because of ____ . There are no single word to describe all the servicescustomarily performed by an architect during the construction phase

supervision and inspection


potential professional liability problems

Before an architect is to be found liable for negligence, all of three factors must bepresent:

1. Plaintiff must allege and prove that there was a legal duty owed by the architect


2. The architect breached that duty


3. The breach of that duty was the proximate cause of actual injury or damagesuffered by the plaintiff

Whether an arbitration is binding or not varies by _________

state

The arbitrator is ________ to give any reasons for his/her decision

not required

There is ___________ in A201 that the parties involved must agree to arbitration. If there is not agreement to arbitrate, the dispute or claim must be dealt with ________

-no legal requirement


-in court

______________ if any, should be added to the contract sum, but ____ should not be added to determine the lowest bidder during the biddingprocess

- Alternates, Unit Prices, and Allowances


- Unit prices

If the owner wants to occupy the projects _____, the owner needs ______.

-prior to substantial completion


- approval of the contractor and the insurance company

Cost is affected by which 8 factors?

1. price of materials and equipment


2. labor cost, bidding environment


3. the laws of supply and demand


4. legal and administrative requirements


5. location of theproject


6. complexity of the project


7. construction schedule


8.quality of materials andmethods

To control cost, the architect must consider which 3 factors?

initial cost, installation cost, and long-termcost

Life-Cycle Costs include which 6 factors?

1. Operational Costs


2. Maintenance Costs


3. Taxes


4. Financing


5. Replacement


6. Renovation

Labor costs is major factor and often represents __% of total construction cost

50

Construction cost calculation does not include which 3 items?


Instead it includes:

1. the architect’s/consultant’s fees


2. landfees


3. other costs associated with the project.


- elements designed,specified, selected, and labor and materials provided by the owner

Cost estimates should be updated :

at every design phases as more information are known and become available

Project’s Budget includes:

1. the direct cost of a project which is the basis of the architectscost estimating


2. amounts for contingencies


3. land acquisition


4. professional fees for thearchitect, engineers, and consultants


5. insurance


6. financing


7. construction taxes


8. owner’s legal fees, staff


9. fees for outside consultants, demo, sit work, landscaping,FF&E, and special equipment.

The selection and replacement of a Subcontractor or superintendent need the approval ______

of the owner and the architect

The superintendent shall represent the __ on site, and communications are ___

- contractor


-as binding as if given to the contractor

Prior to start of construction, the contractor should submit which 3 items:

1. A construction schedule for the work – CPM, Bar graph


2. Schedule of Values - (if contract is based on a stipulated sum or GMP)


3. Submittal schedule.

Whatever changes occur after contract execution will constitute a G___ or G___

G701 or G714

Multiple Prime Contracts SCENARIO

Contractor A delays the project. Contractor A paysOwner for delay caused. Owner pays Contractor B for start delay resulting in a G701

Hazardous Materials or Human remains:

the contractor must stop work in the affectedarea and notify the owner and architect. The owner must then hire or contact thenecessary agency to fix the problem. The contractor can resume work upon the owner’sinstruction. Request for adjustment for the Contract time and contract sum may be madeby the contractor

Uncovering and correction of work

1.Scenario 1: work is covered by contractor contrary to architect request orcontract requirements ⇒ contractor must uncover replace and pay for allexpenses incurred by doing so. No change in contract time will be allotted:2. Scenario 2: work is covered, architect has not requested to examine prior tocovering, but now wants to see the work and needs it to be uncovered:a. Work is good = prepare a change order, the owner paysb. Work is bad = contractor pays, unless caused by the owner or a separatecontractor (in that case the owner pays)

Acceptance of nonconforming work

the owner may accept nonconforming work.However, the contract sum payable to the contractor will be reduced to reflect that workwhether or not final payment has been made

At the time of substantial completion, the retainage may be ___ because the risk tothe owner for incomplete or incorrect work is also ___ at that point

reduced

The issuance of the certificate of payment is ___ by the architect that thecontractor has ___

- not a guarantee


- properly performed the work

B101 and A201 do not contain specific requirements for the architect to maintain projectfiles but ____. There are several AIA forms that can be used to enable the architect toorganize key project information such as G705 – List of Subcontractors, G804 – Registerof Bid Documents, G807 – Project Directory, G809- Project Data, G810 – TransmittalLetter (see AIA series list)

all parties of the project expect the architect to maintain copies and organize documents

Architect’s full time project representative vs. Clerk of the works

1. Architect’s full time project representative: the owner may authorize the architect to hire, as a change in services, such a representative to provide a higher degree of monitoring of the progress of the work. The representative is expected to be at the site whenever work is in progress. : 2. Clerk of the works: a person employed by the owner to check on matters at the site and to maintain records of the progress of construction

If there are discrepancies between the terms of warranties required by the specificationsand the terms of the warranties provided by the contractor, the ___ shouldresolve this matter with the contractor. The architect, in this situation, ___

- owner’s attorney


- just receives from the contractor, and forwards to the owner.

The law does not hold the architect liable simply because a design does not work orbecause it could have been executed differently and avoided the problem. The test ofliability is whether the architect was ___

negligent by not meeting the ordinary standard of care in proceeding with the design.

The responsibility of maintenance shifts from the contractor to the owner at

substantial completion

___ require the GREATEST level of coordination between thearchitect and its consultants

Reflected Ceiling Plans or RCP’s

An RCP contains information relating to:

(1) architecture, (2) HVAC devices, (3) lighting fixtures, (4)sprinkler heads, and (5) fire protection equipment

The primary purpose of building codes fire safety regulations is to provide for

life safety and enable occupants to safely evacuate a building

Calendar Days

Represent 7 days a week

Architect and Contractor total days to processSubmittals

“Reasonable time” stated in agreement, usually 10days or 2 weeks

Date of Commencement orContract Time begins

1.Date of signing the O/C agreement2. Date stated in O/C agreement3.Issuance by owner of a formal Notice to Proceed

Contract Time ends

Date of Substantial completion written on theCertificate of Substantial Completion issued by thearchitect and signed by the contractor, owner, andarchitect

Cause: additional cost, time delays, unknown/concealed conditions, or other contractualconflictsConcerned party must Initiate Claim forrequesting a change in Contract Sum, ContractTime

Within 21 days of occurrence

Time Limits for Claims

The owner, architect, and contractor can revisit apreviously disputed and resolved claim 10 years afterthe date of substantial completion

Respond to a Claim under IDM disputeresolution

Designated IDM- usually the architect according toA201- has 10 days within the day of receipt of theclaim to respond

Period covered by each Application for Payment

1 calendar month ending on the last day of themonth or as stated in the agreement

Contractor to submit an Application forpayment to the architect – G702

Submit 10 days prior to the date established in theschedule of values - (if contract is based on astipulated sum or GMP)

Days allotted to the architect and owner forprocessing each Progress Payments:

“Reasonable time” stated in agreement, butgenerally 14 days totalIn A201 – the architect has 7 days, after the receiptof the contractor’s application for payment, to issueto the owner a certificate of payment, and a copy tothe contractor, or notify the contractor and ownerreasons for withholding certification in whole or inpartIn A201 – the owner must pay the contractor withinthe time provided in the contract documents, orwithin 7 days after the date established in thecontract documents for payment, and shall notify thearchitect when payment is sent to the contractor


in A101 the owner must pay the contractor withinthe time provided in the contract documents, usually10 days within receipt of the certificate of payment,and shall notify the architect when payment is sentto the contractor

Days allotted for the Contractor to processpayment to Subcontractors

7 days after receipt of payment from the Owner. TheSubcontractor also has 7 days to pay the subsubcontractors.

Days allotted to the architect and owner forprocessing the Final Payment:

“Reasonable time” stated in agreement, butgenerally 37 days totalIn A201 – the architect has 7 days, after the receiptof the contractor’s application for payment, to issueto the owner a certificate of payment, and a copy tothe contractor, or notify the contractor and ownerreasons for withholding certification in whole or inpartA101: the owner must pay final payment to thecontractor no later than 30 days after the issuance ofthe architect final Certificate for Payment, or as thedays stated in the contract

Warranty Period

begin at substantial completion and last 1 year

Required project Inspection by the architect

Twice: (1) substantial completion, (2) finalcompletion

Bidder’s allotted time for bid preparation

2 weeks minimum

Mechanic’s Lien

Required to be filed within 30 to 90 days, depending on the jurisdiction, after the last work is performed or materials are installed

Suit to enforce a bond



2 years from the date on which final payment is due

Insurance Policies

Insurance company must provide for 30 days writtennotice to the owner before the underlying insurancepolicies can be cancelled or allowed to expire

Owner provide requirements and limitations ofthe project to architect

Within 15 days after the architect’s request

Owner wants to terminate contract with thecontractor

7 days notice prior to termination

Contractor and Architect request informationfor Mechanic’s lien rights from the owner

15 days upon request

Consultant request project information fromArchitect

Within consultant’s request, the architect has 14days to ask the owner to provide the informationand send it to the consultant

Days allotted to the architect for payment to theConsultant

The architect must pay the consultant within 10days from receipt of the consultant’s billing

Budget cost to be adjusted upward

If bidding or project negotiation has not commencedwithin 90 days after submission of contractdocuments by the architect to the owner, to accountfor changes in the level of prices in the constructionindustry

All Design Phases

7-12 months typically

Clients review & approval between phases

1week to 1 month typically

Schematic Design (SD)

1-2 months typically but it may take longer

Design Development (DD

2-4 months typically

Construction Documents (CD)

3-7months typically

Bidding/Negotiation

n 3-6 weeks typically

Construction Administration

Varies typically

Owner and Architect review and approval ofproposed Subcontractors and Superintendents

14 days

Owner and Architect review and approval forreplacement of Representative, Subcontractorsand Superintendents

10 days prior to date of notice

Contractor may terminate the O/C contract1),through no fault of the contractor and othersperforming work under the contract, within 7days notice to the owner, and recover paymentfor work executed, overhead profit, damages,and cost incurred due to termination, if:

1) Work has stopped for 30 consecutive daysa. Court order to stop work


b. Act of government to stop work


c. The architect has not issued acertificate for payment and has notnotified the contractor of the reasonfor doing so


d. The owner has not made a payment tothe contractor within the time stated inthe contract documents


e. The owner failed to provide, upon thecontractor’ request, reasonableevidence of his/her financialarrangements to fulfill his/herobligations under the contractdocuments


2) Work has stopped for 120 total days in any365 day period due to repeatedsuspensions, delays, or interruptions of theentire work by the owner for convenience


3. Work has stopped for 60 consecutive days because the owner has repeatedly failedtoo fulfill his/her obligations under thecontract documents dealing with theprogress of the work

Contractor may stop work, within 7 days notice,until payment for the amount owed has beenreceived, if:


(this will in turn affect contract time and contract cost)

1) The architect does not issue a certificate forpayment within 7 days after the receipt ofthe contractors application for payment2) The owner does not pay the contractorwithin 7 days after the established date inthe contract documents the amount of thepayment owed for the work or awarded bya binding dispute resolution

Before construction begins, the contractor must submit to the architect a _____

submittalschedule. If he/she fails to submit the schedule, the contractor shall not be entitledto any increase in contract sum or extension of contract time

Submittals must be approved by both:

Contractor and Architect.