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Description
Flashcards by Kara Biczykowski, updated more than 1 year ago
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Created by Kara Biczykowski
over 2 years ago
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| Question | Answer |
| 1) in the A101 Doc the owner enters into an agrmt directly w/: 2) why is it necessary for the arch to be familiar w/ various types of owner-contractor agrmts? 3) variations on the owner-contractor agrmt are typ based on: | 1) the contractor 2) b/c often responsibilities & tasks to the arch will be assigned during the const. phase thru this agrmt 3) the method of compensation for the contractor |
| 1) Article 1 of AIA Doc A101, "The Contract Documents," specifies that the contract docs include: | 1) the agrmt, the general & supplementary cond.'s of the contract, dwgs, spec's, addenda, modifications, & oth docs listed elsewhere in the agrmt -all docs are listed in detail in ARTICLE 9 |
| *Practice Question 1-2) which of the following aren't standard elements of the contract docs? addendum, change order, contractor's bid, program, special supplementary conditions, written amendment signed by owner & contractor | 1) program - this is used in creating the contract docs, not itself part of them 2) contractor's bid form - like oth bidding docs, not part of the contract docs unless specifically stated in the agrmt - amt of bid or contract amt would be incorporated into the agrmt, but bid form itself isn't included |
| BASIC PROVISIONS 1) basic provisions common to all owner-contractor contracts include: 2) Article 2 A101 "The Work of This Contract," says the contractor is to: | 1) description of the work being contracted, times of commencement & substantial completion, & contract sum 2) execute the work that is described in the contract docs - primarily dwgs & spec's - w/ exception of any tasks specifically stated in agrmt or oth contract docs to be responsibilities of oth |
| 1) Article 3 "Date of Commencement & Substantial Completion" - date of commencement means: 2) what 2 ways indicate a date of commencement? 3) "substantial completion" is the stage at which the work or designated portion is: | 1) from this date the const. completion time or "contract time" is measured 2) specific calendar day or when contractor receives a notice-to-proceed letter from owner 3) sufficiently complete so owner can occupy it or use it for intended purpose in accordance w/ contract docs |
| 1) how is the time of substantial completion indicated? 2) when may the completion time be extended according to the gen. cond's? 3) if a particular completion date is important to owner, a provision for (__) may be included | 1) w/ a specific calendar date or by a # of calendar days from the date of commencement 2) when the delay is due to weather or oth circumstances bynd ctrl of contractor 3) liquidated damages |
| 1) "liquidated damages" are: 2) to be enforceable in court, ^these must represent reasonable: | 1) fees paid by the contractor to the owner for every day the project is late (except for uncontrollable circumstances) 2) losses the owner realistically expects to incur if project isn't completed on time -ex - owner cannot occupy project & must pay double rent = liquidated damage = amt of extra rent |
| 1) what is a liquidated damages provision often accompanied with? 2) sometimes an additional penalty is included on top of liquidated damages but is unenforceable if: 3) Article 4 "contract Sum" covers the: | 1) a "bonus provision" so the contractor receives a payment for early completion = amt owner realistically expects to save w/ early project completion 2) a bonus provision is not included 3) compensation the contractor will receive for the work |
| PROGRESS PAYMENTS 1) Article 5 "Payments" covers how the: 2) Section 5.1 "Progress Payments," describes: 3) progress payments are based on: 4) Section 5.2 "Final Payment" covers the: | 1) owner will pay the contractor 2) periodic (typ monthly) payments that the owner makes as the project progresses 3) applications for payment that the contractor submits to the arch 3) payment of the unpaid balance of the contract sum to the contractor at the end of the project |
| 1) A101 describes the amt $ due in any time period is based on: | 1) the % of completed work, plus the amt allocated for any mat's & equip. that have been purchased & stored on site for later use on the project - off site storage also req's payment, but only if approved in adv by the owner in writing |
| 1) the % of completed work is based on a (__) & it allocates the: 2) what is "retainage?" | 1) sch of values the contractor submits to the arch / total contract sum to various portions of the work like mech, elec, fnd's 2) a % of ea. payment (typ 10%) that's withheld until final completion of the work |
| 1) in order to receive payment, the contractor must submit: 2) how is payment handled if there is work in dispute? | 1) an application for payment to the arch, listing the completed work & stored mat.'s according to the sch of values - arch reviews & verifies & recommends payment to owner who then pays 2) arch may choose not to certify payment of all or portion of amt until problem is resolved |
| *PRACTICE QUESTION 1) The arch has received an App. & Cert. for Payment from the contractor. Included in the app. w/in the sch of values for the elec work is a request for $10K for stored materials. What step should the arch take next? | 1) Req. the contractor to submit written proof of quantity, mat. type, delivery date & doc. of stored location & include this w/ payment request to owner - The arch has authority to certify, reject or revise the amt of payment request from the contractor, but not to revise the retainage w/out permission of owner. The stored mat. must be located in a secure place that's covered by the contractor's insurance so owner isn't at risk if lost or damaged |
| OWNER-CONTRACTOR DISPUTE RESOLUTION 1) Article 6 "Dispute Resolution" the arch is indicated as the: 2) Article 6 references Sec. 15.2 of A201 "Gen. Cond's of Contract for Const." for procedures resolving: | 1) (IDM) initial decision maker, unless owner & contractor agreed to appoint oth. 2) claims & disputes are described in more detail |
| 1) when disputes arise, they're referred to: 2a-e) w/in 10 days of receiving, one of the following actions must be taken: | 1) the IDM to review claims & supporting evidence 2a) request additional supporting info from the claimants 2b) reject the claim in whole or part 2c) approve the claim 2d) suggest a compromise 2e) advise the owner & contractor that the IDM is unable to resolve the claim |
| 1) if the IDM gives a decision on the claim it is: 2) if parties fail to resolve their dispute thru mediation it's subject to: 3) just like the owner-arch agrmt, the owner & contractor must specify a method of binding dispute resolution when writing contract like: | 1) binding but subject to mediation 2) binding dispute resolution 3) arbitration, litigation, oth (arbitration isn't mandatory, but it's an option) |
| Article 9 "Enumeration of Contract Docs" lists all the contract documents: 1) AIA Doc A101, Standard Form of Agrmt Btwn Owner & Contractor, basis of payment is a stipulated sum 2) AIA Doc A201, Gen. Cond's of the Contract for Const. | 3) any supplementary gen. cond's 4) all specification sections 5) all drawings 6) addenda, if any 7) additional docs, if any, that are made part of the contract |
| COMPENSATION METHODS 1) one of the most common methods of payment is "stipulated sum" which is: 2) (__) always uses a stipulated sum method 3) why is a stipulated sum attractive to owners? | 1) a fixed price that the owner agrees to pay the contractor for the work as shown in the contract docs 2) competitive bidding 3) b/c the cost is known as soon as the bids are made or negotiation is completed, simple way to arrange things |
| 1) another method is the "guaranteed maximum price" (GMP) where: 2) if the project is completed for less than the GMP: 3) if project exceeds the GMP: | 1) the contractor or const. manager guarantees the owner a fixed, max price 2) the owner receives the cost savings 3) the contractor must pay the excess |
| 1) "cost-plus-fee" methods compensate the contractor for: 2) cost-plus-fee methods are more flexible than (__) & allow for: 3) what is the main disadvg of cost-plus-fee's? How can it be mitigated? | 1) the actual expenses of labor, mat.'s, & subcontracts & then add a fixed fee 2) fixed fee methods / const. to proceed before design is complete 3) the cost isn't known / w/ guaranteed maximums, target prices w/ incentives, or partial cost guarantees |
| 1) how do target prices est. a likely project cost? 2) how is partial cost achieved? 3) const. can also sometimes be based on: | 1) b/c the contractor may share in a % of savings blw target price or be responsible for a % over the price 2) obtaining fixed prices from certain subcontractors or mat. suppliers 3) unit prices (not typ entire projects but portions of one may be) |
| 1) at the time of bidding, a unit price can be set when it's not possible to: 2) ^this happens frequently in what type of project? 3) to arrive at total cost using a unit price multiply: 4) contractors may be asked to include unit prices in bid when changes or additions are expected which helps to: | 1) firmly est. an important quantity 2) excavation projects, when a cost per cubic yard of mat. is est. 3) quantity of cubic yards of mat. 4) evaluate the possible cost consequences of making a change, & check against final cost of a change order |
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