Construction Administration

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CE ARE 5.0 CE (Const & Evaluation) Ballast Review Flashcards on Construction Administration, created by Kara Biczykowski on 29/10/2021.
Kara Biczykowski
Flashcards by Kara Biczykowski, updated more than 1 year ago
Kara Biczykowski
Created by Kara Biczykowski over 2 years ago
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CONST. ADMIN SERVICES - during const. the arch is responsible for: 1) project delivery methods & const. admin services 2) meetings & admin activities 3) const. observation 4) managing requests for changes in the work & supplemental documentation 5) submittals & applications for payment 6) ensuring conformance w/ contract docs 7) additional const. admin activities
CONST. MANAGER AS ADVISOR 1) arch's roles & responsibilities are under: 1) AIA Doc B132, "Standard Form of Agrmt Btwn Owner & Arch, Const. Manager as Adviser Ed." & AIA Doc A232, "Gen. Cond.'s of the Contract for Const., Const. Manager as Adviser Ed." - sim to those in a DBB method
- exceptions to similarity of DBB method: 1) arch & CM jointly prov. administration of the contract, B132 req.'s the arch "advise & consult w/ the owner & const. manager" 2) the owner & contractor communicate thru CM w/ copies to arch., communications w/ arch's consultants still go thru arch. 3) arch reports to CM site visit results, but CM also has a rep. at site who reports to arch known deviation from contract docs + sch & any defects & deficiencies in work 4) both arch & CM have authority to req. inspections & testing & to reject work
- exceptions to similarity of DBB method: 5) submittals are reviewed by both the CM & arch 6) the CM, not the arch, prepares change orders & const. change directives - change orders must be signed by the CM & arch, owner, & contractor 7) the CM receives & reviews RFI's from contractor & forwards ea. to the arch w/ the CM's recommendation - if needed the arch prepares supplemental dwgs + spec's in response to RFI 8) arch remains initial decision maker on claims btwn owner & contractor
CONST. MANAGER AS CONSTRUCTOR 1) in this method, the arch's roles + responsibilities are sim to: 2) in this method, the CM is serving as: 3) AIA Doc B133, "Standard Form of Agrmt Btwn Owner & Arch, Const. Manager as Constructor Ed." is intended to be used w/ 1) a traditional DBB method 2) the standard "contractor" 3) AIA Doc A201, "Gen. Cond.'s of the Contract for Const."
- 3 differences from DBB: 1) arch must advise & consult w/ both owner & CM during const. 2) under B101 arch's start of const. phase services commences w/ award of const. contract, however under B133 these responsibilities start w/ owner's acceptance of CM's GMP proposal, owner approval of CM's ctrl estimate, or owner issuance of a notice to proceed 3) applications for payment are still submitted to arch. by CM for arch's review & signature / the CM issues the certificate for payment to the owner, the complex method of progress payment is described in AIA Doc A133, "Standard Form of Agrmt Btwn Owner & CM as Constructor"
DESIGN-BUILD 1) when owner chooses this method & arch serves as a consultant to the design-builder, the responsibilities are under doc: 2) this doc states all arch's roles during all phases of project + const. admin activities are defined in: 1) AIA Doc B143, "Standard Form of Agrmt Btwn Design-Builder & Arch" 2) an exhibit to the agrmt
1) how are the arch's services selected to be in agrmt? - list of arch services may include: 2) prov. administration of contract for const. btwn design-builder & contractor for the "arch's portion of the project" 1) the design-builder, arch, & owner select from a list of services the arch will prov. 3) review requests by contractor for additional info about contract docs & issue necessary supplemental dwgs + spec's to clarify req.'s
- list of arch services may include: 4) make site visits on behalf of design-builder to determine progress, guard DB against defects, determine if work meets req.'s of contract docs, - only site visits for arch's portion of project 5) reject work that doesn't conform to contract docs & if need req. inspection of testing of the work 6) review the contractor's applications for payment & make recommendations for payment to the owner as needed
- list of arch services may include: 7) review & approve submittals for the arch's portion of the project 8) review & prepare proposed change orders & const. change directives 9) issue orders for a minor change in the work 10) make the substantial completion observations 11) process the final payment request 12) receive from contractor & forward to DB docs like "consent of surety for release of retainage, affidavits, receipts, releases, waivers of liens or bonds indemnifying the owner & DB against liens, written warranties," oth's req.'d by contract docs
1) when one or more of these services are selected, services are performed sim. to: 2) if the arch is employed by the design-builder, then all services prov. by arch: 1) how an arch would in DBB method 2) fall under umbrella of services prov. by design-builder - follows traditional const. admin activities of arch, but arch's not specifically mentioned
INTEGRATED PROJECT DELIVERY 1) the arch's roles are the same as doc (__) once project reaches const. phase 2) this is true for all 3 types of Integrated P.D. which are: 3) b/c most design & coord. work has been done prior to the const. admin phase, the arch's tasks focus on: 1) AIA Doc A201 2) transitional documents, a multi-party agrmt, a single purpose entity (SPE) 3) quality ctrl & cost monitoring *(should be fewer on-site problems & RFI's b/c all parties have been involved to resolve issues during detailed design & implementation docs phases)
MEETINGS & ADMIN ACTIVITIES 1) the const. phase of a project should begin w/ a: 2) in a DBB method the arch is responsible for conducting ^abv, who should attend? 1) preconstruction conference 2) arch, owner, personnel from contractor's office that are responsible for project like project manager & supervisors, major subcontractors, design consultants as req.'d like struct, mech, elec, oth's arch thinks necessary
- agenda of a preconst. conf. includes: 1) how communications will be handled 2) const. & submittal sch's 3) insurance req.'s 4) submittal req.'s 5) access to the site & restrictions on site usage, including pkg, security, provision of restrooms, electricity, temp. heat, phones, space for const. office or trailer 6) procedure for requests for info (RFI)
- agenda of a preconst. conf. includes: 7) changes in the work 8) nonconforming work 9) sustainability req.'s 10) site visits by the arch & oth's 11) reporting req.'d by the contractors 12) tolerances req.'d for critical elements 13) separate contracts by the owner 14) partial occupancy 15) coord. among the contractors
1) why must the arch attend project meetings regardless of who organizes it? 2) project meetings typ set up by the arch, should be attended by who? 3) when does the arch make site visits? 1) req.'d by standard owner-arch agrmt 2) arch, design consultants as req.'d, contractor or their reps, major or specialty subcontractors if req.'d, vendors whose attendance is vital for progress, sometimes the owner 3) at intervals appropriate to stage of const. or as agreed in owner-arch agrmt
- purpose of arch's site visit: 1) to become gen. familiar w/ the progress & quality of work & to keep owner informed 2) to endeavor to guard the owner against defects & deficiencies in the work 3) to determine if the work is progressing in a way that it will be in accordance w/ the contract docs when completed
1) during the const. admin phase, communication among parties is est. by what doc? 2) during this time communication btwn owner & contractor is thru: 3) btwn contractor & design consultants: 4) btwn arch & subconsultants & mat. suppliers: 1) "gen. Cond.'s of the Contract for Const." 2) thru the arch, unless stated otherwise in owner-arch agrmt + gen. cond.'s 3) thru arch 4) thru contractor
1) # + timing to job site for arch based on: 2) during ea. site visit, the arch should: 3) what form ^ to the abv should be used? 1) size & complexity or project, type of const. contract being used, exact sch of const. operations 2) make complete notes of observations & include in appropriate field reports to be distributed 3) AIA Doc G711, "Arch's Field Report"
- a field report should include: 1) report name & the arch's project # (+ # assigned by owner or contractor if any) 2) field report # 3) date & time of observation, & weather cond.'s at site 4) work currently in progress 5) # of workers present at site, or estimate if project is large 6) observations made like any problems, may include photos doc. the cond.'s 7) assessment of the conformance w/ the const. sch & estimated % of completion 8) list of items to verify, & action or info needed from owner, contractor, consultants 9) list of any attachments, & name of person making the report
1) copies of field reports are sent to: 2) unless otherwise agreed to in owner-arch agrmt, the arch's time on site is: 3) the arch isn't responsible for the contractor's job of: 1) the contractor & owner to keep everyone informed 2) not to be exhaustive or continuous 3) carrying out work, means, methods, techniques of const., or safety precautions on job site
*Practice Question -During const., the arch is obligated to visit the site & keep client informed of work progress/ quality how often according to AIA Doc B101? - Answer - as appropriate to the stage of the contractor's operations - Solution - site visits are part of the basic services of contract admin., but no specific time interval for them is given. B101 states arch shall visit site at intervals appropriate to stage of contractor's operations or agreed to in owner-arch agrmt
1) what is the 1st situation where work may have to be uncovered? 2) ^ the cost for uncovering & replacing the const. is paid for by: 1) a portion of work has been covered contrary to the arch's request or to specific req.'s in contract docs - must be uncovered for arch's examination 2) the contractor
1) what is the 2nd situation where work may have to be uncovered? 2) if arch then requests uncovering & it's found to conform to contract docs, then who pays? 3) ^ if work doesn't conform, who pays & what must happen? 4) who must pay if owner or separate contractor caused the unsatisfactory wrk: 1) the arch hasn't specifically made a request to view a portion of the work & work has already been covered 2) owner for uncovering & a change order for replacement is needed 3) contractor, must be corrected & replaced 4) the owner
*Practice Question - arch suspects blocking installed in wrong location, asks portion of work to be uncovered, blocking found correct, who pays for removal & replacement of wall? 1) arch 2) owner 3) contractor 4) arch & owner split the cost - Answer - 2) Owner - Solution - arch asked wall to be removed b/c they had reason to suspect blocking was in wrong location, they were protecting the owner's interests *if it was wrong, contractor would pay for uncovering & repairing work
1) who is solely responsible for safety on the job site? 2) when can the arch assume legal responsibility & be held liable for accidents on a job site? 3) if arch observes an obvious safety violation, they should: 1) the contractor 2) if arch volunteers suggestions or directions concerning const. means & techniques in regard to safety issues 3) notify both the contractor & owner in writing, but not suggest how to correct it
1) when field tests & inspections are req.'d by contract docs, laws, reg's, or orders of public authorities (bldg dept), who is responsible to do what? 2) who must pay for this? ^ 1) contractor is responsible for making arrangements w/ acceptable testing agencies by owner/ public authority & give arch timely notice of when & where of test so they can observe the procedure 2) contractor
1) when would the owner pay for field tests? 2) who is responsible for organizing additional field tests? 3) regardless of what originally req.'d tests, if a test shows portion of work doesn't conform to contract docs then: 4) ex of why field tests don't conform: 1) if arch, owner, or public authority req. add. testing bynd req.'s in contract docs 2) arch instructs contractor to make arrangements after written authorization from owner 3) contractor must pay all costs to correct the problem (includes more testing & compensation for arch's services) 4) violates bldg codes or oth laws
1) some provisions of the IBC may req: 1) special inspections of portions of the work like of mat.'s, installation, fabrication, erection, or placement of components req. special expertise to ensure compliance w/ const. docs & referenced standards
1) ex of things that can req. special inspections are: 2) the IBC req.'s the arch to develop a: 3) to perform a special inspection, what must the owner or arch as owner's agent do? 4) who pays for services & cost of testing: 5) results of inspection & test must be submitted to: 1) prefab items, steel, concrete, sprayed fire-resistant mat.'s, systems designed to address seismic req.'s 2) Statement of Special Inspections & submit it to code official for approval 3) hire a qualified, independent special inspection firm (not contractor) to do wrk 4) owner 5) code official for evaluation & approval
- arch should maintain documentation during const. admin phase of: 1) standard forms used to administer the contract like change orders, certificates of payment, etc 2) correspondence 3) memoranda 4) meeting notes 5) emails 6) telephone loges 7) sim. written or electronic mat. that records the daily who, what, why, when, & how of the project
1) why should all documentation have a date & project name/ # on it? 2) documentation should even be collected for: 3) a valuable documentation & communication tool is a: 1) in case disputes arise or client objects to fee payments for extra services of arch 2) conversations had that affect project, & copies should be sent to those affected 3) project website to share info/ communicate btwn everyone on team, some project mgmt software prov.'s this & facilitates w/ RFI's + submittals, time & expense tracking, docs, discussions, etc
- for sustainable projects using AIA Doc B101 SP, A201 SP, & an owner-contractor agrmt for sus. projects, the contract docs contain: 1) the owner's goals for sustainability 2) the objective to achieve a green bldg rating system certification (ex - LEED) 3) desired benefits to the enviro to enhance the health & well-being of bldg occupants 4) guidelines for improving energy efficiency
- one of the contract docs for a sus. project is the sustainability plan which describes: 1) targeted sustainable measures 2) implementation strategies 3) owner's, arch's, & contractor's roles & responsibilities associated w/ achieving the sustainable measures 4) details about design reviews, testing, or metrics to verify achievement of ea. sus. measure 5) documentation & format req.'d
-during the const. admin phase of a sus. project the arch's responsibilities are: 1) arch must advise & consult w/ owner regarding progress towards sus. measures, like including info in field reports if any deviations would impact achieving sus. measures 2) arch must notify owner if a proposed design/ const. change is needed to address a field cond. but might impact a sus. measure or objective 3) arch must respond to a contractor's RFI when asking how a product, mat., or equip. was intended to satisfy a req. of a sus. measure
4) the arch must register the project w/ the certifying authority & any fees paid by arch to do so are reimbursable expenses 5) arch must prepare & submit the app. for cert. to the cert. authority & prepare responses to any add. questions req.'d by cert. authority 6) arch must collect the sus. docs from owner & contractor, organize + manage it in the correct format, & submit the documentation to the certifying authority as req.'d for the sus. cert. process 7) arch must also prepare necessary docs to appeal a ruling denying a req. to achieve a sus. cert. if notice is received by cert. authority or owner
-3 primary causes for an accelerated sch 1) what is "directed acceleration?" 2) what is "voluntary acceleration?" 1) the owner instructs the contractor to speed up & agrees to pay the add. costs associated w/ the change, which is directed thru a change order 2) the contractor may decide to b/c the work has fallen behind original sch, the const. co. is trying to finish early to collect a bonus, or they want to move personnel to another job
3) what is "constructive acceleration?" 4) ^ whose responsibility is it to meet the sch? 5) ^ if extra time is warranted but not given & contractor incurred extra expenses to finish work on time, they may: 3) a situation occurs that causes an excusable or unavoidable delay like weather, deliveries, change orders - extra time isn't requested by contractor or granted by owner 4) the contractor must speed up process to meet project deadline 5) file a claim for damages
*Practice Question - which of the following is the contractor NOT solely responsible for? 1) field reports to owner 2) selection of subcontractors 3) scaffolding 4) reviewing claims of subcontractors - Answer - 1) field reports to owner - Solution - scaffolding is part of means of const. = contractor responsibility, field reports = arch, selection of subcontractors is subject to approval of both arch + owner, if subcontractor makes a claim, contractor in turn makes a claim to owner that is reviewed by arch
CHANGES IN WORK 1) changes in work during const. occur typ b/c of: 2) during bidding & before contract award, changes are made by: 3) cost associated w/ changes made by ^ (__) are included in the: 4a-c) during const., changes are accomplished in 1 of 3 ways: 1) errors discovered in dwgs, unforeseen site cond.'s, design changes requested by client, rulings of bldg officials, oth factors 2) addenda 3) addenda / contractor's bid 4a) minor changes in work, 4b) const. change directives, 4c) change orders
1) when may the arch issue a written order directing the contractor to make a minor change? 2) does the arch's issue for minor changes need approval of either the owner or contractor? * AIA Doc G710, "Arch's Supplemental Instructions" - for minor changes 1) when a change doesn't involve modification of the contract sum or time & is consistent w/ the contract docs - EX moving a door over 6in. before the wall is framed, but if wall was already framed this would be a "change order" b/c there would be time or cost implications 2) NO
1) when may the arch issue a const. change directive? 2) which doc may be used for this ^ 3) what is the benefit of this ^ 1) when a change needs to be made right away to allow project to proceed, but owner & contractor cannot agree on price or time revision 2) AIA Doc G714, "Const. Change Directive" 3) gives the owner a way to unilaterally order changes to contract w/out changing the terms of it
1) why would a const. change directive be used instead of a change order? 2) what change in work may be involved w/ a const. change directive? 3) who must sign the const. change directive? 4) change directives describe changes needed, but also needs a proposal for determining adjustments on: 1) used in absence of total agrmt on the terms of a change order 2) additions, deletions, oth revisions 3) both arch & owner, but not req.'d by contractor 4) cost, time, or both
1-4) if a change directive involves a cost adjustment, the arch's proposal must be based on 1 of 4 methods: 1) a lump sum, properly itemized & mutually accepted 2) unit prices previously agreed to in the specifications 3) costs to be determined by mutual agrmt on a fixed or % fee 4) as prov.'d for in a subsequent clause as summarized in the following paragraph: (see next card)
4) Under provisions of the Gen. Cond.'s of the Contract, the contractor must proceed w/ the work described in const. change directive in timely manner & advise arch of their dis/ or agrmt w/ basis for cost & time adjustment. Change directive is recorded as change order if contractor agrees w/ arch's proposal, & if not the arch makes adjustment based on evaluation of reasonable expenditures for add. labor + mat.'s req.'d, calculated savings for deleted work, include costs for worker's benefits, equip. rental, supplies, premiums for bonds & insurance, field supervision, permit fees, & reasonable contractor profit
1) while all parties determine total cost of const. change directive, the contractor's app. for payment may include a: 2) if the arch has made an interim decision to include const. change directive in contractor's payments then this adjusts: 1) request for payment for work completed under the directive & arch must make interim decision if costs are justified & include them in monthly cert. for payment 2) the contract sum on the same basis as a change order
1) what is a "change order?" 2) although a change order is prepared by the arch, it's issued by who & why? 3) who must the change order be approved by? 4) who may suggest a change order? 1) a doc authorizing a variation from the original contract docs that involve a change in contract price, time, or both 2) the owner b/c they have the agrmt w/ the contractor 3) all - owner, arch, contractor 4) any of ^ 3 parties, but typ arch submits request to contractor
1) what items are included in a change order request? 2) after contractor receives request, they: 3) the arch must do what w/ info from contractor before owner makes final decision on change order? 4) if owner accepts formal change order doc, who signs it? 1) supporting dwgs or oth docs to describe proposed change 2) submit a quotation of price & time change to arch for review 3) evaluate the contractor's ^ proposal & recommends approval of, modifications to, or rejection of it 4) all 3 parties
1) what doc is used to formally ask questions during const. btwn owner, contractor, arch (aka RFI's) 2) what is necessary in an RFI response? 1) AIA Doc G716, "Request for Information" - provides space for requesting party to list relevant dwg, spec, or submittal to find info 2) txt as well as dwgs, but isn't an implied authorization for work that increases cost or time of project
1) which doc does arch issue when a minor change in work is needed? 2) which doc is issued when the owner & contractor cannot agree on a proposed change in the contract sum &/or time? 1) AIA Doc G710, "Arch's Supplemental Instructions (ASI)" - may include both written instructions & dwgs 2) AIA Doc G714, "Const. Change Directive" - directs contractor to make a change, w/ cost & time to be later decided, & may include both written instructions & dwgs
SUBMITTALS 1) after contract is awarded, the contractor is responsible for providing: 2-5) submittals include the following: 1) "submittals" that are called for in contract docs 2) shop dwgs 3) samples 4) product data 5) docs related to sustainability issues, where applicable
1) where are submittal req.'s listed? 2) who most often prepares submittals? 3) who reviews submittals for coord. before going to the arch? 4) submittals show in detail how work will be built & installed, but they are NOT: 1) in ea. specification section 2) subcontractors, vendors, mat. suppliers, sometimes the contractor 3) the gen. contractor 4) contract documents
1) what are "shop drawings?" 2) shop dwgs are very detailed to show how: 1) dwgs, diagrams, sch's, oth data prepared to show how a subcontractor or supplier proposes to supply & install work to conform to req.'s of contract docs for a specific project 2) portions of work will be constructed & may show how product or assembly fits into bldg
1) what is a "sample?" 2) a collection of samples may be submitted to the arch if: 3) samples become standards of: 1) a physical ex. of a portion of the work, shows exactly how a mat., finish, or piece of equip. will look in a completed job 2) a specific color or finish hasn't been identified in spec's 3) appearance / workmanship by which the final work will be judged
1) "product data" includes: 2) what is the diff. btwn product data & shop dwgs? 3) what is a "cut sheet?" 1) brochures, charts, instructions, performance data, catalog pg's that illustrate some portion of work 2) they're less specific b/c they may be used for multiple projects 3) a short-format summary of a mat. or product's properties & is often in the product data submission
1) Gen. Contractor reviewing shop dwgs & oth submittals prepared by subs or mat. suppliers, confirms they have: 2) decisions like color/finish req.'d by the arch must be identified on: 3) after Gen. Contractor's review, they must give submittals to who & how fast? 1) verified field measurements, mat.'s, & coord. oth const. criteria 2) the submittal 3) the arch in acordance w/ the submittal sch that has been approved by arch, or if non-existent, w/ reasonable promptness to prevent delays in work
1) the arch reviews submittals only to check for: 2) w/ submittals, the arch is NOT responsible for: 1) conformance w/ info given & design intent 2) determining accuracy of measurements & completeness of details, verifying quantities, checking fabrication or installation procedures - aka doesn't relieve contractor of their responsibilities
1) if arch's consultants req. review of a submittal, what is the forwarding sequence 2-5) what 1 of 4 things may the arch indicate/ remark on a submittal before returning? 1) arch forward to consultant, arch reviews again before sending to contractor who then returns it to sub or mat. supplier 2) no exceptions are taken 3) marked corrections should be made 4) submittals be revised & resubmitted 5) rejected
1-4) arch firm's submittal stamps typ include: 1) check boxes for possible responses 2) date & initials of reviewer 3) statement that submittal is reviewed for conformance to design intent & req.'s of const. docs only 4) states contractor is responsible for coord. or dims, quantities, const. tech.'s
1) if the arch includes questions for contractor on submittal, it's possible the response to these may necessitate: 2) by when must the arch review submittals? 1) a change to the project time or cost, if so, the arch should request the contractor submit an RFI to begin change order process 2) in accordance w/ submittal sch prepared by contractor & approved by arch at start of project, if no sch then promptly but w/ time for adequate review
1) what is the 1st way time is dealt w/? 2) what is the 2nd way time is dealt w/? 1) Gen. Cond.'s of Contract for Const. req. contractor prepares a const. sch which includes sch of submittals & gives arch reasonable time for review 2) section on submittals in Div.01 of spec's, the arch should indicate procedure for making submittals, including time contractor must allow for review
1) what must the contractor consider when making the const. sch in regard to submittals? 2-5) submittals are gen. marked in 1 of 4 ways: 1) factoring in review period for them knowing they may not be approved & need resubmission 2) approved 3) approved w/ changes 4) revise & resubmit 5) rejected
- submittal marks that don't req. resubmission by contractor or add. review by arch: 1) "approved/ no exceptions taken/ reviewed" implies: 2) "approved w/ changes noted/ approved as noted/ note markings" means: 1) the product or assembly may be incorporated into the work as submitted & is in compliance w/ the req.'s of the contract docs 2) if changes indicated are made, the product or assembly may be used on the project
- submittal non-compliant marks = returned to contractor w/ comments, & they must prepare add. or revised data & resubmit to arch 1) "revise & resubmit" typ used when: 2) "rejected" indicates that: 1) the product may be suitable for use on project, but info prov.'d is inadequate for performing a thorough review, or when errors or conflicts are in submittal pkg 2) the product doesn't comply w/ contract req.'s & can't be used in project
1) model specifications designate submittals as: 2) an action submittal req.'s whose review & approval before product is used? 3) if contractor proceeds w/out ^ (__) approval, the product is: 4) informational submittals don't req: 1) action or informational 2) the arch's 3) prov.'d at risk of contractor & if properties don't comply w/ contract req.'s, they could be req.'d to remove & replace it at own expense 4) a response from the arch
1) the owner-arch agrmt req.'s the arch to do what w/ submittals? 2) a logged submittal should include: 3) shop dwgs & submittals aren't a way for arch to: 4) if the arch's modification of shop dwgs or samples results in an + in cost or time: 1) keep a log of submittals & copies of it 2) name/ identification & date received, date sent from arch to consultant & returned if req.'d, date returned to contractor, action taken 3) make changes in design/ refine details 4) contractor may request change order
APPLICATIONS FOR PAYMENT 1) during the course of a job, contractors receive payments how often? 2) ^these payments reflect what & allow for 3) ^in regard to these payments, under the Gen. Cond.'s of the Contract the arch is responsible for: 1) usually monthly 2) progress to date & allow for a stream of income to pay for mat.'s, compensate employees & subcontractors for services 3) making sure the amts requested are consistent w/ amt of work performed & quantities of mat.'s stored
1) in order to receive periodic payments, the contractor must submit to arch a: 2) ^this submission should include: 1) notarized application for payment at least 10 days before the date est.'d for ea. payment in the owner-contractor agrmt 2) the value of work, both labor + mat.'s, completed up to the date of the app. in addition to the value of mat.'s purchased & in "acceptable storage" but not yet incorporated into work
1) what qualifies as "acceptable storage?" 2) when an app. for payment includes off-site storage, the amt must acct for: 3) certification of the app. for payment req.'s confirmation by the arch that: 1) this typ means stored at the site, unless approved in advance by owner to be offsite if agreed on in writing 2) costs of applicable insurance, storage, & transportation to the site 3) work has progressed to the pt. indicated & to best of arch's knowledge, info, belief, the quality of work accords to contract docs
1-4) certification is NOT a representation that the arch has: 1) made exhaustive on-site inspections 2) reviewed const. methods, techniques, or procedures 3) reviewed copies of requisitions received from subcontractors & mat. 4) determined how & for what purpose the contractor has used money previously paid
1) when a subcontractor wants to know if the contractor has been paid for work performed by them, but they've not been paid by the contractor, how is it handled? 2) the amt due to the contractor is based on: 1) AIA Doc 201, Gen. Cond.'s of the Contract for Const. allows the arch to prov. % of completion or amts applied for by contractor 2) the "sch of values" that the contractor submits to the arch after the award of contract
1) the "sch of values" allocates the total contract sum to: 2) on the pay app. the contractor indicates: 3) the difference btwn the quantities btwn one pay app. & previous rep.'s: 1) various portions of work like site work, fnd's, framing, etc 2) % of completion of ea. line item ^ 3) amt of work completed during the payment period & amt of $ due to contractor
1) what is the "earned value mgmt" method (or earned value analysis)? 2) how does it work? 1) a project mgmt tech. that is typ used to determine the sch of values by predicting both time & $ (or % of overall project budget) req.'d to complete certain tasks 2) actual time& $ expended is compared to the budgeted amts to determine how project is progressing
1) after an app. for payment is approved: 2) what is "retainage?" 3) what % is the retainage typ of the total contract sum? 1) the arch signs it & sends it to the owner for payment 2) an amt of $ withheld from ea. pay app. until the end of the job or another time during the work that's agreed by both owner & contractor 3) 10%
1) what is the point of retainage? 2) what may the arch do if they can't rep. the amt of work done or mat.'s stored is in conformance w/ the app.? 1) give the owner leverage to make sure job is completed & can prov. $ to satisfy lien claims, amt may be reduced as project nears satisfactory completion 2) withhold all or a portion of the funds requested to protect the owner
-reasons arch may withhold payment: 1) defective work not remedied 2) 3rd party claims or evidence of probability of 3rd party claims 3) reasonable evidence that work can't be completed for the unpaid balance of the contract sum 4) known failure of the contractor to make payments to subs (approval of pay app. by arch doesn't confirm subs being paid)
-reasons arch may withhold payment: 5) damage to owner or separate contractor 6) reasonable evidence that work won't be completed on time & unpaid balance won't be sufficient to cover damages due to the delay 7) repeated failure of the contractor to carry out the work in accordance w/ the contract docs *note: public projects that req. use of prevailing wage rates may req. submission of payroll records w/ payment app.'s
1) after the final punch list inspection, what does the contractor need to do? 2) if arch determines work is complete & acceptable under cond.'s of contract docs after final inspection, then what happens? 1) notify the arch in writing the work is ready for final inspection & submits a final app. for payment 2) they issue a final certificate for payment to the owner & the withheld retainage may be released & paid to contractor
- contractor must submit items to arch before cert. can be issued: 1) affidavit stating payrolls, mat.'s, oth debts for which the owner might be responsible have been paid (AIA Doc G706, "Contractor's Affidavit of Payment of Debts & Claims" is typ used) 2) a certificate showing insurance req.'d by contract docs is to remain in force after final payment won't be canceled or expire w/out min 30 days written notice to owner 3) written statement that the contractor knows of no reason the insurance won't be renewable
- contractor must submit items to arch before cert. can be issued: 4) the consent of surety to final payment if applicable (AIA Doc G707, "Consent of Surety to Final Payment" may be used) 5) any oth data req.'d by the owner that est.'s evidence of payment of obligations like releases & waivers of liens *note: if final completion is delayed thru no fault of contractor, owner may w/ cert. by arch make partial payment for portion completed w/out terminating contract
NONCONFORMANCE W/ CONTRACT DOCS 1) if arch notices something on site that deviates from the contract docs they should: 2) ultimately the arch is NOT responsible for contractor's: 1) notify the owner & contractor via writing in a field report, typ used is AIA Doc G711 & tracked until corrected 2) failure to perform the work in accordance w/ req.'s of contract docs as stated in AIA Doc A201
1) AIA Doc A201 Gen. Cond.'s of Contract gives arch authority to reject work that: 2) the arch also has authority to req. inspection or testing of work when it: 3) if work is rejected by arch, the contractor must: 4) who pays for correcting rejected work? 1) doesn't conform to contract docs 2) is suspected it doesn't conform to contract req.'s whether it's fabricated, installed, or completed 3) promptly correct it - whether discovered before or after substantial completion 4) the contractor
1) if contractor fails to correct work not conforming w/ contract docs then: 2) sometimes an element is used that's not conforming to design intent or req.'s of contract docs but is deemed acceptable, give ex: 1) owner may order them to stop work until issue is resolved or to "carry out the work" & charge these expenses to the contractor - see ch5 2) contractor applied vinyl wall fabric from diff mfr than spec'd, but it's essentially same in appearance & performance as spec'd product
1) ^(previous) why would the arch accept an item like this (w/ owner approval) 2) deviations such as this still must be noted in: 3) if accepted work is less $ than spec'd: 4) ^ if it's more $ & the substitution was made w/out owner approval & is contractor's error: 1) rejecting could possibly delay the project or cause oth problems 2) a field report as req.'d by contract 3) owner has right to request a credit for the difference 4) the contractor bears the cost
1) when nonconforming work is acceptable to the owner but not the arch: 2) on the certificate of substantial completion the arch should note this difference as: 3) the contractor must document the deviation on the: 1) the owner has final authority but arch is req.'d by contract to note the difference as not conforming to the contract docs 2) a nonconforming exception 3) as-built dwgs as req.'d by AIA Doc A201 or sim agrmt
1) an ex. of nonconforming work acceptable to owner but not arch is: 2) the procedure to follow if a claim or dispute arises in const. is outlined in: 3) what is a "claim?" 1) wood grain pattern on paneling may not be what the spec called for 2) Gen. Cond.'s of the Contract 3) a demand or assertion by the contractor or owner seeking payment of money, an extension of time, an adjustment or interpretation of the contract terms, or oth relief from terms of the contract
1) claims must be made how & to who? 2) time frame claims must be initiated is: 3) claims must be substantiated w/: 4) who are claims 1st referred to? *review ch5 for more info 1) by written notice to oth party & arch 2) w/in 21 days of what prompted the claim or after the person making it 1st recognized the problem 3) documentation or oth evidence 4) the Initial Decision Maker (IDM) = typ the arch unless owner & contractor agree to a 3rd party in owner-contractor agrmt
1) if owner or contractor has a dispute or makes a claim, the IDM must: 2) to eval. claims, the IDM may: 3) the IDM can ask the owner to: 1) take preliminary action w/in 10 days of receipt of claim (see next card) 2) consult w/ or seek info from either party of anyone w/ special knowledge or expertise relevant to the situation 3) authorize retention of experts at the owner's expense
-actions the IDM can take in response to a claim: 1) requesting add. supporting data from claimant 2) suggesting a compromise 3) accepting the claim 4) rejecting the claim 5) advising the parties that the IDM is unable to resolve the claim b/c of a lack of sufficient info 6) advising the parties that it would be inappropriate for the IDM to resolve the claim
1) if IDM asks owner or contractor to respond to a claim or prov. add. info, they must respond when & give: 2) the approval or rejection of a claim by the IDM is: 3) after IDM has given decision, at any time the claiming party can demand: 1) w/in 10 days & give response or info, tell IDM when the response will be given, or that no supporting data will be prov.'d 2) final & binding on the parties but is subject to mediation & binding dispute resolution 3) mediation
1) what is "mediation?" -2 typ ways claims arise: 2) "claims for additional time" arise b/c: 3) ^ if weather cond.'s are the basis for this type of claim, contractor must submit evidence that weather cond.'s: 1) a cond. precedent to arbitration, litigation, or the institution of oth legal proceedings 2) contractor feels extra time is needed & reasons for the request must be submitted & include cost estimate 3) were abnormal for time period, couldn't be anticipated, had adverse effect on const. sch, support w/ National Weather Service data
1-2) "claims for concealed or unknown cond.'s" helps w/ surprises on job site, but to be valid, cond.'s must me 1 of 2 criteria: 1) they must be subsurface in nature or physically concealed, causing the site to differ from what is shown on the contract docs 2) they must be of an unusual nature that's diff. from what would ordinarily be found as part of const. activities for the project type
1) claims of unknown cond.'s must be made in what time frame? 2) ex of ^ this claim type is test borings indicate standard soil type so contractor budgets for normal excavation but finds: 3) what are "mediation" & "arbitration?" 1) w/in 21 days from 1st discovery 2) large boulder that req.'s blasting or special excavation tech.'s = contractor is entitled to more $ & maybe extension of contract time 3) methods of resolving claims & disputes w/out lengthy & costly process of litigation
1) both mediation & arbitration use: 2) ^ what is the difference btwn them? 3) under the Gen. Cond.'s of the Contract, if dispute can't be resolved by IDM, the owner & contractor must 1st try: *review ch5 1) neutral 3rd parties to help reach a resolution 2) mediation is not legally binding, but arbitration is 3) mediation before resorting to a legally binding method like arbitration or litigation
1) in mediation a mediator facilities a discussion btwn parties using tech.'s in compliance w/: 2) what does the mediator do? 3) the mediator does not judge the case, rather their role is to: 1) the Model Standards of Conduct for Mediators 2) defines & limits the issues, puts the issues in perspective, & sees that ea. side in the dispute hears & understands the opposing pt of view 3) guide the parties toward reaching their own settlement
1) under the Gen. Cond.'s arbitration proceedings are conducted under the: 2) w/ arbitration, the 2 parties agree to submit their claims to: 3) arbitrators or the arbitration board proceeds by: 1) Const. Industry Arbitration Rules of the American Arbitration Association & any applicable state laws 2) an arbitrator or panel of 3 & agrees to abide by their decision(s) 3) listening to evidence, review docs, hears witnesses before making a decision - they're knowledgeable about the const. industry
1) what are the advantages of arbitration over litigation? 2) disadvantage = unlike a trial there are no: 1) speed, economy ($), privacy 2) rules of evidence & decision cannot be appealed
*Practice Question -A pressure test on plumbing supply piping req.'d by the spec's reveals a leak in the system. According to AIA Doc A201, the responsibility for fixing the leak & paying for a follow-up test is by the 1) owner 2) contractor 3) plumbing sub 4) owner + contractor jointly - Answer - 2) contractor - Solution - AIA Doc A201, Sec. 13.5.3 req.'s the contractor to be responsible for all costs made necessary by failures, including costs of repeated tests
ADDITIONAL CONST. ADMIN ACTIVITIES -arch also responsible for completing project mgmt tasks like: 1) verifying owner has received the req.'d performance bonds & labor & mat. payment bonds 2) verifying contractor issues acceptable certificates of insurance to client 3) est. a site visit sch based on contract & project req.'s 4) receiving the const. sch from the contractor 5) receiving the const. sch from the contractor 6) receiving field reports from design consultants & forwarding copies to client
7) reviewing & approving design consultant's billings 8) monitoring the contractor's progress against the const. sch & notifying the client of any problems that may be identified 9) monitoring the arch's fees expended & conformance to the arch's sch 10) monitoring allowances & contingencies
11) maintaining all doc. of const. admin activities, + issuance of arch's supplemental instructions, responses to RFI's, const. change directives, change orders 12) verifying issuance of certificate of occupancy by bldg official 13) monitoring conformance to sustainability req.'s & process reports, certificates, & oth forms as req.'d by the type of sustainability certification being used
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