Flashcards
PCM 3
Flashcards do conjunto (200)
- 1*Tasks that can benefit from *short reminder checklists.- Site visits.
- Changes in the work.
- Payment application reviews.
- Owner-architect-contractor (OAC) meetings. - 2Checklists can be especially *applicable to ------------------------------ *Best practices for developing checklists- Tasks performed by
multiple staff members.
- Tasks performed repeatedly
on every project.
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Have intended *users develop checklist and the protocol for its use *themselves. - 3*Project phase checklists can be organized in 3 parts.- General phase objectives
(start w contract, figure out what client will do with the phase package, ie. schematic package, scope of services intended for phase).
- Phase task checklist (can be further organized by subgroup tasks).
- Phase deliverables. - 4*General phase objectives checklist.- Management / Quality.
- Management / Schedules.
- Program / Construction Costs
/ Regulatory Requirements.
- Performance Criteria.
- Civi / Site Design.
- Design / Architecture / Structural.
- Mechanical, Plumbing,
Electrical, and Fire Protection.
- Other Consultants. - 5The ultimate *success of the *procurement process depends on.*well-prepared documents and the quality of the *contractor selection process.
- 6*utilization rate. ---------------------------- utilization rate measures? -------------------------------- utilization rate targets*direct labor / total hours worked.
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overall efficiency and effective use of labor.
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all staff / firm: 60-65%, professional staff (principals): 75-85%. - 7*overhead rate ----------------------------- overhead rate measures? -------------------------------- overhead rate targets*total indirect expense / direct labor.
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the cost of operating your business that can not be billed directly to projects.
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1.5 (150% of total direct labor). - 8*break even rate ------------------------------- break even rate measures? -------------------------------- break even rate targets*Overhead rate + 1.0 or an hour of salary.
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total cost of doing business for every dollar spent on direct labor.
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2.5 (250% of total direct labor). - 9*effective / net multiplier -------------------------- net multiplier measures? ----------------------------- net multiplier target*net operating revenue / total direct labor.
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the revenue generated for every dollar spent on direct labor.
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greater than break-even rate = 3.0 + - 10*aged accounts receivable ---------------------------- aged accounts receivable measures? ---------------------------- aged accounts receivable target*annual average accounts receivable / (net operating revenue / 365 days).
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average time it takes between issuing and invoice and getting paid.
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60 - 90 days. - 11*profit to earnings ratio -------------------------------- profit to earnings ratio meausres? ------------------------------- profit to earnings ratio target = 20% or greater*net profit (profit before distributions and taxes) / net operating revenue.
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firms effectiveness in completing projects profitably.
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equal to or greater than predicted net profit in annual profit plan. - 12*net revenue per employee -------------------- net rev per employee meausres? ----------------------------- target for net rev per employee?*annual NOR / number of employees.
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revenue earnings per employee, helps maintain realistic target for NOR in next years budget.
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high as possible = greater than $100,000 per employee. - 13*net service revenue --------------------------- NOR = Gross revenue - ( consultant + all project related expenses)*operating revenue for one specific project.
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the amount left over to operate after subtracting what you owe consultants
fee and all reimbursable and non-reimbursable project-related expenses from gross revenue. - 14*chargeable / billable hours = ----------------------------------- direct salary = -------------------------- *billable revenue =hours per year x utilization rate
(% chargeable).
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chargeable hours x staff's hourly rate.
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direct salary x DSE multiplier. - 15*indirect salary ----------------------------------- how do you find non-chargeable hours? --------------------------------- *direct salary expense =non-chargeable hours x staff's hourly rate.
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subtract billable hours from total hours.
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total salary expense x utilization ratio. - 16*average collection period = ----------------------- *net profit = The total dollars earned after salaries and expenses have been deducted from the net operating revenue*accounts receivable / average revenue per day.
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Net revenue - ( total labor + total indirect expense). - 17*an employer must file an *equal opportunity report when it reaches how many employees?*50+
- 18what is *corporate memory? -------------------------------------- Corporate memory (organizational memory or institutional memory) is the *accumulated body of data, information, and knowledge created *over the lifetime of the organization.what is an *accessory use
according to the IBC?
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An accessory use is one that is considered *anxillary to the main use and occupancies and does not occupy more than 10% of the building area of the story in which it is located. - 19what main *items are considered when *developing a work plan? ---------------------------------- equal pay act. ----------------------------- osha & American Recovery and Reinvestment Act of 2009.- Fees.
- Schedule.
- Available resources.
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all businesses.
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all businesses. - 201-9 employee eligibility verification. --------------------------------- Fair labor standards act. -------------------------------------- HIPPA & Personnel files. -------------------------- Employee Retirement Income Security Act (ERISA).all businesses.
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all businesses.
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all businesses.
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all businesses. - 21COBRA (Consolidated Omnibus Budget Reconciliation Act of 1986). --------------------------- civil rights act title 7. ----------------------- ADA American with Disabilities Act. ----------------------------- Age Discrimination in Employment Act (ADEA).businesses with 15+.
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businesses with 15+.
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businesses with 15+.
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businesses with 20+. - 22Annual Reports (Form 5500). --------------------------------------- Family Medical Leave Act (FMLA). -------------------------------- affirmative action act / Plan. -------------------------------- EEO reporting.businesses with 50+.
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businesses with 50+.
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businesses with 50+.
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businesses with 50+. - 23What is contract *G802 for? ----------------------------- What three categories does *Project Managers work fall under?*Amendment to the
Professional services agreement.
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- Organizing the project.
- Facilitating the project.
- Client expectations of the project. - 24What is a PM's primary *tool for *organizing the project? --------------------------------- ETC - *estimate to completion.*work plan.
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*Labor hours and total dollars *estimated from *current date to *project completion. - 25This AIA Contract Document would be used to protect *copyrighted digital materials and the unauthorized use of that material. ----------------------------------- As it relates directly to BIM, this AIA Contract Document clearly defines the *ownership of model elements in an effort to create clear divisions of responsibility and copyright.*C106: Digital Data Licensing Agreement.
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*E202: Building Information Modeling Protocol Exhibit. - 26*litigation. -------------------- How workers compensation protects the firm. ------------------------------ Who uses *builders Risk insurance?the process of taking *legal action in a typical *court system.
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Insurance that *prevents an employee who is *injured on the job from *suing the firm for *negiligence.
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Type of insurance that *builders and *owners rely on - 27Why architects should *communicate with owner on outlining reasonable *expectations. ------------------------------------------ Top *priorities of an architect.a way to *prepare for errors that will happen in the *drawings.
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To *safeguard life, health,
and public safety. - 28*Cost Plus fixed fee.Construction management contracting concepts in which the owner will *pay the construction manager a *fixed fee plus reimbursement of certain *expenses incurred in the performance of basic services.
- 29*Consequential damage. --------------------------------------- Mutual waiver of consequential damages. ----------------------------- Direct damage*Costs *incurred indirectly from an error (delayed opening causes loss of profit).
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Protects an architect from
consequential damages.
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Cost to fix an error. - 30*Vicarious liability. ------------------------------- *Marks of leadership effectiveness.Legal doctrine under which a *party can be held *liable for the *wrongful actions or errors of *another person / party.
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- Ability.
- Awareness.
- Commitment. - 31Duty - one entity is legally *obligated to provide something. ------------------------ *Public relations (PR). -------------------------- 3 parts that build the *code of ethics.What a party owes another in a contractual relationship.
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Part of marketing plans that
focus on *public presence and
image to a *target audience.
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- Canons.
- Ethical Standards.
- Rules of Conduct. - 32*Problem solving styles.- Adaptive
- Innovative
- Bridgers - 33*Shared studio organization. ----------------------------- Types of *business firm models.*Flexible organization where
member flow from *project to project.
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- Efficiency based firms.
- Experience based firms.
- Expertise based firms. - 34*Agency (Fiduciary) relationship. ----------------------------- Legal entities that do *NOT have to pay federal taxes.When an *agent carries out acts
under the *authority of a principal.
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- Sole Proprietorships.
- Limited Liability partnerships. - 35Common *downsides of general partnerships and sole proprietorships. ------------------------ Why is it important to have *project team meetings and *third party document reviews often?Legal entities which
do *NOT protect personal assets.
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Ways to maximize *quality control for construction documents. - 36*Fiduciary. ---------------------------- *City redevelopment agency.involving trust, especially involving a relationship between a trustee and a beneficiary
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An entity that works with *developers, property owners and the community* to recruit businesses, create new jobs, eliminate blight and diversify our economy. - 37*General obligation bond.is a *municipal bond backed by the
*credit and taxing power of the *issuing jurisdiction.
Debt is expected to be *payed through a *projects tax revenue. - 38*Impact fee.A fee to a new development imposed by local government that pays for providing new public services.
- 39Business improvement distrcit.A district that requires businesses to pay an additional tax to fund projects within the same district.
- 40Tax increment financing.bonds a city uses to pay for improvements. After new development, higher taxes are used to pay for the bond.
- 41Ad valorem tax. --------------------- How to measure productivity.a tax based on the value of
the property being taxed.
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a ratio of output to input. - 42Moonlighting. -------------------------------------- Project manager.to have a second job in addition to ones regular employment.
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Licensed architect or unregistered graduate with 10 or more years of experience. - 43Responsible control.the amount of control and professional knowledge a registered architect has while managing others on a project should be as if he or she had completed it personally.
- 44Freelance. ------------------------- NCARB.working for different companies at different times without permanent employment.
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National Council of Architectural Registration Board. - 45Three things required to prove negligance. ------------------- 1. duty --------------------- 2. breach ------------------ 3. damageOne entity is legally obligated to provide something.
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One entity did not provide what they were legally obligated to provide.
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Actual harm that is the result of a breach. - 46"claims made" insurance. ------------------- cost plus. ------------------- stipulated sum (lump sum).insurance in effect both when claim is made and when services are rendered.
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contractor is payed for all of its allowable expenses plus additional payment for profit.
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amount of compensation specified for final completion of an agreement. - 47Malpractice. ---------------- Hearsay.Professional negligence.
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information received from other people that one cannot adequately substantiate; more like a rumor. - 48Statute of limitations. --------------------- Statute of repose.limits the period of liability for a construction project by defining an end date for claims to be made.
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limits claims for liability with a short period starting when the damage is found. Also often includes final date for claims to be made. - 49What is the next best step to manage a conflict after the architect renders an initial decision? ------------------------- When does a standard one year warranty begin?Consideration.
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begins At the date of
substantial completion. - 50Standard phases of a building permit approval process? ----------------------------- Capacity.- Entitlements.
- Building permit.
- Building and safety plan check.
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legal ability of a party to enter a contract. - 51noncompete clause.Also called a restrictive covenant.
An employment contract clause that an restricts employee from leaving the firm to set up competition for a specified period of time, within a certain geographic region. - 52Occurrence policy. ------------------------------ Claims made policy.a policy that covers claims when they occur within the policy period.
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a policy that provides coverage whenever the claim is made regardless of when wrongful act occurred prior. - 53MediationA method of settling disputes outside of court by using the services of a neutral third party, called a mediator.
The mediator acts as a communicating agent between the parties and suggests ways in which the parties can resolve their dispute. - 54Arbitration.settling a dispute by agreeing to accept the decision of an impartial outsider.
- 55Direct expenses. ---------------------- Cease and desist order.Project-related expenses for a firm and its outside consultants that are not reimbursable, plus project-related expenses included in all lump
sum fee contracts.
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An administrative or judicial order prohibiting a person or business firm from conducting activities that an agency or court has deemed illegal. - 56Indirect expenses. ----------------- Admonition. --------------- Censure.General and administrative non-project related operating expenses.
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Warning.
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Harsh criticism or disapproval. - 57Mattox Format. ----------------------- Accounts payable. --------------------------- Accounts receivable.a financial monitoring software system.
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amounts owed to suppliers of
goods and services.
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money that others owe to
the business through invoices. - 58Assets. --------------------- Chart of accounts. ------------ Current assets.any type of tangible or intangible resource that can be measured in monetary terms.
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a list of various accounts a business
uses to keep track of money.
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resources of a business that are converted into cash within 1 year. - 59Fixed assets. ------------------------ discretionary distribution. ------------------------ Gross revenue.resources that a firm uses and
retains for a long period of time.
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voluntary distribution of profits to owners and non owners.
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all revenue generated
during a period of time. - 60Overhead. --------------------- Incurred cost. -------------------------------- Who is responsible for making sure the project meets ADA standards.expenses incurred to keep a business operating whether or not revenue is generated.
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A payment owed until payed.
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Responsibility of the architect. - 61Performance Specifications. ------------------------------ Prescriptive Specifications.A spec that describes the *operational requirements.
Doesn't describe means and methods.
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Specs that describe *materials and means and methods. - 62Format of Prescriptive spcifications. ------------------------------- Closed Proprietary Specification.- General.
- Products.
- Execution.
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A spec that requires a *specific product. - 63Open proprietary specification. ------------------------------- Types of building specifications.Describes a *specific system but allows *bidder to suggest alternates.
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- Performance.
- Prescriptive.
- Closed proprietary.
- Open porpriety. - 64Drawings and specifications are ——- to each other. ------------------------------------ First step for resolution of conflict between owner and contractor.Complimentary.
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Architect should provide an
objective initial decision. - 65What are the components of the construction or contract documents? its different from construction or working drawings. ----------------------- What are the types of contract conditions.- Working drawings.
- Project manual.
- Addenda.
- Contract modifications.
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- General.
- Supplementary.
- Special. - 66Types of addendums. ---------------------------------- What to do when firm is struggling to pay bills.- addition.
- deletion.
- clarifications.
- corrections.
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Look at overhead rate. - 67How to determine if employee is loosing money for the firm. ----------------------------- What to do when office workload has been too heavy.- Check their utilization rate.
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- Adjust project deadlines
and consider hiring more staff. - 68Surety bond. ------------------------------- FTE.A guarantee that protects a business when another person or business fails to fulfill the terms of a contract between them.
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Full time equivalent 2080 hours. - 692 types of financial reports. ------------------------- 2 components of a financial management system.- Profit loss statement.
- Balance sheet.
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- Annual budget.
- Profit plan. - 70Balance Sheet.A statement of the firm's financial condition as of a specific date.
It is a statement of the balance between asset accounts and the total of liabilities and net worth. - 71Financial management reports.- Time sheets.
- Incoming payments.
- Outgoing invoices.
Responsibility of the firm leader. - 72Accounting reports.Cashflow management, accounts payable, define the firm's quarterly and
annual tax liability.
(Identified in the cash-basis reports).
Responsibility of the accountant. - 73Cash-basis accounting.- Indicates only the income received and the amounts paid out for expenses to others within a specific
accounting period.
- Establishes a firm's cash-flow management effectiveness and
it's tax liability, not its net profit.
- Most commonly used for filing and paying quarterly and year-end taxes. - 74Accrual-basis accounting- Revenue earned and billed from fees and expenses, including outside project consultant fees and expenses, plus all other direct and indirect expenses incurred.
- Revenue based on invoiced fee and expense amount sent and / or received.
- Establishes the net profit for a firm. - 75Fee basis types.- Stipulated lump sum.
- Fixed fee + expenses.
(with or without cap limit)
- Percentage of construction cost.
- Hourly to a maximum + expenses.
- Hourly - open-ended.
(no established max.) + expenses
- Fee per unit/sf + expenses (residential). - 76Reimbursable expenses.Project-related expenses that are invoiced to the client in addition to fees. These also include a markup percentage on these expenses. The markup dollars are a form of revenue and are included in net operating revenue.
- 77Hourly billing rate. ---------------------------- Current earnings.The dollar amount charged to a client relative to one hour of direct labor.
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The net dollar amount after all distributions are made and all applicable taxes have been deducted. - 78Profit-loss statement indicators.- Utilization rate.
- Overhead rate.
- Break-even rate.
- Net multiplier.
- Profit-to-earnings ratio.
- Net revenue per employee.
- Aged accounts receivable. - 79Balance sheet indicators.- Solvency.
- Liquidity.
- Leverage.
- Return on equity. - 804 Sections of the Annual Budget.- Revenue.
- Fixed expenses.
- Variable expenses.
- Miscellaneous
revenue and expenses. - 813 Sections of a Profit Plan.- Revenue projection - Top section.
- Project Profit-Loss Summary - Middle section.
- Alternate Method to check Net Operating Revenue and Profit Goal - Bottom section. - 82Categories of Risk drivers.- Client selection.
- Budget control.
- Bill procedures.
- Communication.
- Schedule control.
- Loss Prevention issues.
- Project team capabilities.
- Negotiation and contracts.
- Construction Phase services. - 83Indemnity.The architect ought to reimburse
the client for claims brought against
them by a third party. - 84Limitation of liability. - An agreement not to seek damages in excess of a pre-established and agreed-upon amount.- The limit must provide fair payout in relation to the value of the service.
- A reasonable target is the "proceeds of available insurance". In doing so, the firm will never have to pay out of pocket. - 85Small or limited Scope agreements.Short-form terms and conditions for projects where there is no construction involved, such as feasibility studies, programming, and planning services.
- 86Notice to proceed. Brief letter agreement used to get a project going until the final agreement is executed.Such notices include limited items to agree on quickly: definition of limited scope and payment, intent to execute the final agreement, and rules to
terminate or extend. - 87Consultant agreements. These should always be tied to the terms and conditions of the Prime agreement between the Architecture firm and the Client.Never sign the Consultants Proposal and avoid attaching it to a Consultant's Agreement form - where it's
terms and Conditions
might conflict. - 88Common Exhibits.- Rate schedules.
- Sample invoices.
- Consultant standards.
- Reimbursable expense schedules.
- Standard scopes of services for each type of consultant regularly hired. - 89Retroactive Date.The date on or after which any alleged or actual act, error, or omission must have first commenced in order for coverage under the policy.
- 90Endorsements and Exclusions. A written amendment affecting the declarations, insuring agreements, exclusions, or conditions of an insurance policy, and records a change to the insurance contract.Specifically eliminates coverage for a certain hazard from an insurance policy.
- 91Hold harmless.A contract provision whereby one party assumes another's legal liability, a legally acceptable practice as long as the contractural transfer of liabilities is not against public policy and can be
covered by insurance or
available assets. - 92Indemnification.A hold harmless provision, an agreement by one party to pay specified losses or damages incurred by another party.
- 93Professional liability insurance.Agrees to defend and pay on behalf of the architect for claims alleging an error or negligence in the performance of professional duties, in exchange for the premiums paid to the insurance company.
- 94Project Professional liability insurance.Covers the design team participants, even those who are uninsured.
The policy covers the design professional and named professional consultants for the term of the project plus a pre-determined discovery period after completion of construction. - 95Project insurance.Intended to cover one project only and is usually paid for by the owner who wants coverage beyond that normally
carried by firms. - 96Hammer Clause.If the architect refuses to settle and a judgement is subsequently entered against the architect for an amount greater than the suggested settlement, the architect may have exposure for the
excess amount. - 97Property and Casualty coverage.Insurance for specific business exposures, such as computer equipment, laptops, and cell phones, valuable papers and media, accounts receivable, and even business property off premises.
- 98Property coverage. --------------------------------- Commercial general liability insurance.Protects against the loss of or damage to essential pieces of the business.
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Covers the liability from incidents that occur off the policyholders premises or that arise from nonprofessional aspects of the insured's practice. - 993 Basic Areas of Coverage for Commercial General liability insurance.- Property damage
- Bodily injury
- Personal and advertising injury (libel, slander, or copyright infringement)
Also included are premises and operational liability, medical payments, and Contractual liability. - 100*General liability coverage.Immediately protects the firm from injury and property damage claims that could seriously and detrimentally impact the business.
- 101Employment practices liability coverage.Protects against claims brought on by employees, such as discrimination, sexual harassment, wrongful termination.
- 102Workers compensation.Insurance providing wage replacement and medical benefits to employees injured in the course of employment, in exchange for mandatory relinquishment of the employee's right to sue his or
her employer for negligence. - 103Intellectual Property Insurance.Coverage protects companies for copyright, trademark, or patent infringement claims arising out
of the company's operation. - 104Business Interruption Insurance.Reimbursed the architect for ongoing expenses and loss of profits in the event of a fire or other casualty that interrupts normal business operations.
- 105Fidelity bond.Appropriate for all persons involved with the custody or disbursement of funds, management of firm finances, authorization of payments,
purchasing, and other activities
requiring the use of funds. - 106Technology liability coverage.The policy agrees to defend and pay claims on behalf of the architect for claims arising out of an alleged negligent act in managing the security of a computer system.
- 107Disciplinary, regulatory, or administrative expense reimbursement.Coverage agrees to reimburse the architect for reasonable legal fees and expenses incurred in any disciplinary, regulatory, or administrative action commenced
directly against the architect. - 108Contractual liability.Business contracts, including office leases, purchase orders, and service agreements, may contain a hold-harmless provision that will contractually transfer another's legal liability to the architect.
- 109Umbrella or Excess liability policies.Provide higher limits in conjunction with underlying General liability, automobile, and employer's liability policies.
- 110Equal Pay Act. --------------------- OSHA (Occupational Safety and Health Administration). ------------------------------ I-9 employee eligibility verification.Prohibits wage discrimination by requiring equal pay for equal work.
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Requires employers to provide a workplace free of recognized hazards.
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Verifies identity and right to
work in the United States. - 111Fair Labor Standards Act (FLSA). ------------------------------ Personnel files. Employment records maintained for each employee of the company. Must be preserved for two years.Regulates employee overtime statute and overtime pay, minimum wage, record keeping, child Labor.
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May include application, resume, performance management documentation, agreements, and acknowledgement forms. - 112HIPPA (Health Insurance Portability and Accountability Act). ---------------------------- American Recovery and Reinvestment Act of 2009.Privacy regulation governing individually identifiable health information.
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Provides tax cuts for families and businesses, funding for entitlement programs (unemployment benefits), funding for federal contracts,
grants, and loans. - 113Employee Retirement Income Security Act (ERISA). ------------------------------- COBRA (Consolidated Omnibus Budget Reconciliation Act of 1986).Sets minimum standards for pension plans to include participation, besting, benefit accrual, and funding.
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Requires employers to continue group medical coverage if employment is terminated or hours are reduced. - 114Civil Rights Act, Title VII. --------------------------- American with Disabilities Act (ADA).Prohibits discrimination or segregation based on race, color, national origin, religion, and gender in all terms of employment.
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Prohibits discrimination against a qualified individual with a disability. - 115Age Discrimination in Employment Act (ADEA). --------------------------------- Affirmative Action Plan.Prohibits discrimination in employment
for persons age 40 and over.
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Program in which employers take positive steps to correct underrepresentation if protected groups. - 116Family Medical Leave Act (FMLA).Allows employees to take up to 12 weeks of unpaid leave during any 12 month period I care for family members or because of a serious health
condition of the employee. - 117Annual Report (Form 5500).Annual report detail financial
records of benefit plans. - 118Efficiency-based firms. - Focus on fast and less-expensive project delivery.These firm's often specialize in one project type or a narrow range of services and tend to serve clients that are looking for standard solutions and quick turnaround.
- 119Experience-based firms. Proficient at solving non-routine and complex design problems.Ability to successfully organize and deliver significant complicated projects.
- 120Expertise-based firms. Service offerings that test upon deep knowledge and / or exceptional talent.Some of these firms are headed by "starchitects", with their unique style and abilities, or specialists in a narrow band of professional knowledge.
- 121Strategies to manage Risk.1. Avoid Risk: marketing strategies to select project types that fit with prior experience. Work with clients with excellent reputation
2. Transfer Risk: contracts transfer risk to clients, downward to consultants. Insurance transfers risk to a business financial partner.
3. Assume risk: accept appropiate work but mantain enough cash for deductibles.
4. Control risk: adopt best practices and educate staff. Seek counsel to prevent or dreduce losses when claims arise. - 122Areas of Greater Risk.1. Communication
2. Project team capabilities
3. Client selection
4. Negotiation and contracts
5. Budget control
6. Schedule control
7. Loss prevention issues
8. Construction phase services
9. Billing procedures - 123What areas of risk are present in 93% of all claims.1. Communication 27%-39%
2. Project team capabilities 24%-25%
3. Client Selection 16%-23%
4. Negotiation & contracts 13%-6% - 124First piece of paper consulted when claim comes to light.Contract.
- 125Negotiation and contract issues.38% Unclear or inappropriate
scope of services.
16% Did not formally
evaluate project risks.
12% contract not in place
before work started.
8% construction phase service
not in contract or not fulfilled.
6% lack of mediation clause.
5% no separate contingency
fund set aside.
3% deal breakers in contracts.
2% contract: -not firms own, -not industry std., - not reviewed by counsel.
2% field staff didn't have/understand contract.
1% client-generated agreement, to be reviewed by senior mgmt. - 126What are two main Dealbreakers from an architects perspective that could put a firm out of business and present unmanageable risk.1. Profitability - if profit cant be made w deal as stated, commission
shouldn't be accepted.
2. Insurability - agreeing to take responsabilities excluded by a firm's professional liability insurance policy could leave the firm uninsured when a claim emerges. - 127What is the best time to identify and remove deal breakers.Negotiation.
- 128Examples of Deal breakers.- Indemnities.
- Proper scope.
- Limitation of liability.
- Working without an agreement.
- Highest Standard of care.
- Construction means and methods.
- Guarantees and certifications.
- Administration of the contract for construction. - 129Foremost Concerns of Working Without an Agreement.- Difficulty in getting paid, or getting paid all that the Architect believes it is entitled to be paid.
- Claims of Architect responsibility for any and all things not the firm's fault—such as the client's consultants' negligent services, the presence of hazardous waste on-site, inaccuracy of client's budget, changes in the code, bad construction safety, poor
performance of the builder.
- Claims of Architect responsibility for broader scope than may have been intended or understood by the Architect
- Claims of the Architect causing delay due to a lack of written schedule, or definition of the schedule approval or amendment process. - 130When is the best time to get the client to sign the agreement. Architects need to get the agreement negotiated and signed before issuing documents for use by the client or the builder.Once the work product is delivered, the architect loses the leverage necessary to get the client to the signing table.
- 131Texbook definition of Standard of Care. The concept is that there is a norm. And the norm is not perfection.Rendering services with the ordinary degree of skill and care that would be used by other reasonably competent practitioners of the same discipline under similar circumstances, taking into consideration the contemporary state of the art and geographic idiosyncrasies. If not followed, legal negligence.
- 132Problem with client-developed agreements.They seek to prescribe a standard of care that is higher than the norm.
- 133Problematic words in client-developed agreements, marketing materials, and proposals.Words that describe the architect's enhanced performance level, including 'best', 'better', 'high', 'higher'
- 134What is the problem with being contractually required to perform at a higher standard of care?Professional liability insurance does not cover such a higher performance level. Architects are insured against acting negligently in performing their services. Beyond that, they are on their own. The client will expect architect to pay for every problem on the plans, everything missed...
- 135What type of changes would an architect make to an owner-generated agreement to avoid unneccesary risks.- Relying on the accuracy and completeness of owner-furnished information protects the architect from being liable for services and drawings provided by the owner.
- The architect's right to suspend or terminate services for the owner's failure to make payments protects the architect from financial loss.
- Relief of responsibility for construction means and methods protects the architect from construction-related deficiencies that are a result of contractor error.
- Requiring the owner's consultants to maintain professional liability insurance protects the architect from errors and omissions in the consultants' work.
- On the contrary, Including a monetary penalty for the architect's late performance and an architect's warranty in the contract would unnecessarily increase the architect's liability risk. - 136Key points of Indemnities. - The principle of the professional services indemnity is that the architect ought to reimburse the client for claims brought against them by a third party—claims arising from the architect's negligence.- Almost every client-furnished agreement comes w a horribly written professional indemnity provision.
- AIA has addressed client demands in AIA document B101TM-2007, and should be used as a model.
- Always seek legal advice before agreeing to client's version
of indemnity clause. - 137When do problems occur with professional services indemnities.When they become too broad, holding the architect responsible for performance beyond professional liability insurance policy coverage.
- 138Examples of problems w professional services indemnities.- Indemnifying persons or entities not a party to the agreement.
- Indemnifying the client from
their own mistakes.
- Indemnifying for errors and omissions not rising to the level of legal negligence.
- Defending the client against third-party claims—providing legal defense—prior to legally establishing negligence. - 139One way Clients may want to Quantify the Standard of Care. With the liability bucket: to express the barrier in terms of construction change orders.When the amount of change orders rises to the established rim (1.5% for example) the architect pays for the rest that spills over. Check the firm's policy, liability
bucket may be uninsurable. - 140Construction means and methods key points.- They are generally not the
responsibility of Architect.
- M&M claims examples include excavation cave-ins, scaffolding failures, crane collapses.
- AIA standard agreements have effectively managed issue w carefully considered language in the architectural services agreements and the general conditions for the contract construction. - 141Why are Guarantees and Certifications risky. They are excluded from coverage.The only guarantee that the law typically requires, and that professional liability insurance policies cover, is the guarantee to perform to the standard of care.
- 142Other terms that take on the same meaning as Guarantee and Warranty.- Ensure.
- Assure.
- Insure.
- Confirm.
- Verify.
- Throrough.
- Any.
- All.
- 100% complete.
*these words should either be stricken from the agreement or at least used properly. - 143Disadvantages of a badly written scope of services.- Can lead to claims and lost revenue.
- Can make architects responsible for the performance of someone not under the architect's direct control.
- Can rob architects of ability to invoice for extra services.
- Can ruin a firm, damaging its relationship w client. - 144Benefits of good scopes of services.They set forth with precision the services the architect will provide, and exclude those they won't.
- 145Good practices when writing scope of services.- Get the words right to clarify everyone's expectations and eliminate later disputes.
- Review w client and other members of the team; include junior staff that will work on project. - 146Define CA.During the construction phase, it is the task for the architect to "administer the contract for construction" between the owner and contractor.
- 147What tasks are included in CA.- Field observations.
- Review of contractor's
payment applications.
- Answering contractor's questions
about the drawings and specifications.
- Review of contractor's submittals.
- Review and Approval of change orders.
- Issuing revised documents for changes.
- Inspecting for substantial completion. - 148Clients sometimes want to save on professional fees by eliminating CA services. They reason that after CDs are done, design is over. What is the truth of the matter?Changes occur during construction so design is not done until project built. Plans are never perfect or complete.
- 149What types of changes might occur during CA that might affect the design.- Owner changes.
- Errors and omissions.
- Contractor substitutions.
- Unanticipated field conditions.
- Modifications to accommodate
construction means and methods.
- Products and Systems purchased off of performance specifications. - 150What is the Architect's goal during CA.- To protect the client's core interest i.e. the Design. Thus, the architect's reputation and liability.
- To be around to correct the
documents or to defend them.
- To interpret and explain documents.
- To prevent or minimize costly construction mistakes. - 151During CA, what could become a basis for claims?Costs from fixing systems NOT properly integrated, NOT meeting code, or NOT functioning.
- 152How can an architect limit his liability? With a limitation of liability (LOL) .If a professional liability insurance policy has a per-claim limit of $10 million, a firm is not protected for any claim in excess of that limit. A $20 million claim, if enforced, could put a firm out of business. Uninsured loss is an unmanageable risk.
- 153What is a limitation of liability? An agreement not to seek damages in excess of a preestablished and agreed-upon amount.To be legal, the limit must provide fair payout in relation to the value of the services;
unreasonable limitation of liability have been struck down by courts.
An enforceable limitation of liability can be an effective way to manage risk. - 154What is a reasonable value of an limitation of liability?- Some Advise for it to be the same amount as the compensation received
on the project.
- if compensation amount exceeds policy limits, a reasonable target is to set at the "proceeds of available insurance". This ensures firm never pays out of pocket. - 155Tips to establish standard in-house practices for making Better Agreements to avoid/address risks.- Appoint 1 person, for larger firms a team, to review and negotiate all contract terms and conditions. This way they know what to look for and aquire the skills to effectively negotiate w difficult clients and attorneys - skills that take yrs to develop. Consider hiring someone w legal background or licensed attorney for this role.
- As part of review process, project managers should review their own contracts. They ought to play a role in shaping what contract says. PM shouldnt be the only person reviewing contract. Provide access to signed agreements for review by the entire team.
- Save electronic copies of every agreement with the electronic project records. Also, save a copy in a general office directory of the firms contracts. This will help find contracts if problem emerges several years after record have been archived. Make it readily available on that day. - 156How to make Better Agreements.- Get professional support.
- Use standard agreement forms.
- Establish standard in-house practices. - 157Key points about professional support and the making of agreements to reduce risk.- Attorneys will help during
claim and also to avoid a claim.
- There are attorneys that work to write agreement text and others to help resolve disputes.
- Find the right attorney by asking architects in the area or professional liability insurers, or attend seminars in Risk management.
- Select attorney with relevant experience, clients, and references.
- Qualified attorney can help review contracts, difficult agreement clauses, negotiate contract terms.
- Insurance providers offer contract reviews to address matters of insurance and insurability.
- Using both outside insurance and legal counsels will combine to make the contracts best suited to preserve interests of firm. - 158Benefits of using AIA documents.- Most professional liability insurance carriers offer discounts to their clients using standard agreement forms.
- They have been tested by the courts.
- Clients respect and recognize these forms, making the negotiation process
with these as starting point much easier. - 159Standarized forms can be used as is, but...It is more typical that they be Modified beyond project particulars and changes to common services, to include technical edits to the legal terms and conditions in response to the advice of legal and insurance advisers.
- 160The following are 5 key *customized agreement forms to have on hand.1. Full services agreement: of the types most frequently used.
2. Small or limited scope agreements: Short form agreements where no construction is involved. Ex. Feasibility studies, programming, planning.
3. Notice to proceed: Brief agreement to get things started while the final agreement is produced. This type of agreement includes limited items to agree on quickly: definition of limited scope and payment, intent to execute the final agreement, and rules to terminate of extend.
4. Consultant agreements: Always tied to the terms and conditions of the Prime agreement between architrcture firm and client. Never sign the consultant's proposal - and avoid attaching it to a consultant's agreement form - where its terms and conditions might conflict.
5. Common Exhibits: Rate schedules, Reimbursable expenses sechedules, sample invoices, standard scopes of services for each type of consultsn regularrly hired, consultant standards. - 161Key points when *selecting the Client- it is the client that most frequently sues the Architect for failing to fulfill their duty.
- Avoid clients that are: Unsophisticated, Short on the cash needed to fund project, has a record of litigation, or is completely unknown. - 162*Benefits of specialization.- Helps mitigate risk.
- Establishes a record of accomplishment.
- Sophisticated clients want to select specialized firms that have succesfully designed and completed projects
similar to theirs to manage risk. - 163What should the Architect *know about the Client?- Are they an experienced developer having designed projects like
the one proposed?
- Can they afford the project?
- Do they have a reputation for negotiating fairly?
- Do they have a long list of Architects they have hired- and if so, who?
- What is their track record for paying?
- Do they have a history of litigation? - 164Key points about *condominium projects in regards to risk. - Notorious for claims. - Professional liability insurance companies charge substantial premiums for covering this project type.- Condos begin with one client, the developer, but with each unit sold, Architect acquires another client
whom they did not select and have no relationship with and who might have unreasonable expectations. - 165Why are *Repeat clients like gold and how does it *impact risk management. - Repeat client rate can vary between 60-85% and higher. - surveys across america indicate that most current clients are repeat clients.- It's very hard to break in with a new client who has previously worked with another Architect.
- Clients and their designers, after they've worked together, generally like and trust each other. *Respect is key to these relationships.
- Where there is respect and *clear expectations, there is a *reduction in claims. - 166What is the importance of getting the *Right Builder.- A Good builder will make a
project a big success.
- A Bad builder : one that causes delays, can't follow plans, or charges extra for everything - can make a project into a financial disaster, not just for the Owner. - 167Architects should help their *Client Choose a Builder that is.- Well organized***
- Understands and
respects the Architects role.
- Appreciates the value of all the relationships involved. - 168In order of *frequency, What are the most common *risk categories that lead to claims?1. Communication***
2. Project team capabilities***
3. Selecting the client***
4. Negotiation and contracts*** - 169Problem arises between Owner and Contractor. List, in order, the ways to achieve *adjudication (resolution)1. IDM (initial desicion maker) (architect puts professional mediator/idm hat to help solve dispute, could be someone else involved).
2. Mediation (low key, usually, a 3rd party, retired contractor or architect, binding or NOT, if not agreed, jumps to next level, 1-2 months).
3. Arbitration ($$, 1 or 3 arbiters, 1-6 months).
4. Litigation ($$$, yrs). - 170When choosing materials, can Architect receive money from Supplier/Contractor to choose a specific material?Architect must choose material adherent to the needs of project, project budget, and best meets all the needs *WITHOUT accepting a financial return.
- 171Four items for risk *reduction on a project.- Design log***
(keep track of every change, log every desicion, not only show in plans but in writing).
- Regular coordination meetings***
(role of Architect is to coordinate).
- Quality assurance plan***
(have process that projects go through, sings off, have spmeone review cds, code issues, meeting budget. Having a plan/procedure to set up the future).
- Performance bond***
(PB is for the contractor, asssures that insurance will cover in case project does not come through. For example, stopping , redesign, and finding another contractor and coordinating with new ppl). - 172Key points of indemnities and insurance. - However, CGL specifically excludes coverage for Professional design services or Construction Contract Admin. performed on job site, which are the origin of most thrid party claims.- Under Common law, an Owner,
when found legally obligated to pay
damages to an injured party, can seek reimbursement (seek indemnity) from the Architect whose negligence caused the injury. Under the common law, there is no legal duty for the Architect to step forward and defend the Owner by providing legal counsel and assuming the Ongoing cost of the owner's legal bills. PL policies generally provide coverage based on indemnity under the common law.
- Under contract, owner may want indemnity coverage exceeding what common law provides. PL policies do not cover damages caused by the owner's negligence, even in part, and do not provide a defense to the owner.
-CGL policies operate differently and may provide what is called "contractual liability" coverage, which provides a defense to the indemnified party, reimburses defense costs, and covers the costs of the owner's own negligence, although the latter may be limited by state anti-indemnity statutes. - 173*Indemnity vs Defense Obligation.Two separate duties.
- Indemnity is the *reimbursement for damages.
- Defense is the *cost for counsel to *represent the indemnified. - 174*No type of insurance policy covers- Breach of contract.
- Warranties and guarantees.
- Intentional or willfull misconduct.
- Strict liability.
- Copyright infringement.
- Warranties and defense obligations are excluded under professional liability policies, as are indemnity obligations beyond allegation of negligence.
*yet, owners still include these as indemnities in their agreements. - 175Since it is likely that some provisions in the owner-generated agreement are not insurable and may have to be accepted and managed, what can an architect do?Each architect will have its own level of risk tolerance, and some architects will walk away from a project if the owner will not agree to reduce unacceptable business risks.
- 176*Contractual liability CGL policy can be endorsed to provide contractual liability, but that coverage is NOT available through the PL policy.If owner's counsel is not aware of
distinction and includes the requirement of Contractual liability in the PL policy in the owner generated agreement, Architect must delete it so Architect is NOT found in breach of contract regarding insurance requirement. (AHPP p.1334) - 177*Owner duties B101-2007. - Furnishing testing, such as for air quality and hazardous materials. - Providing prompt notice of any errors or omissions discovered in the instruments of service.- Providing information and
approvals in a timely manner.
- Providing and updating
the project budget.
- Furnishing civil surveys, and
the services of geotechnical engineers.
- Coordinating owner's own consultants.
- Requiring that owner's consultants maintain PL insurance. - 178General conditions of the contract for construction.AIA Document A201-2007
- Incorporated by 'reference'
into the A1A B101 owner-architect agreement. - 179Common *limitations that the Architect should consider securing include:- Disclaiming the architect's responsibility for the contractor's means and methods of construction and for job site safety.
- Limiting the architect's liability for the accuracy of its cost estimates to redesigning at the architect's expense.
- Disclaiming liability for results of interpretations and decisions
made in good faith.
- Disclaiming third-party beneficiary status to any third party.
- Waiving subrogation for damages caused by property insurance.
- Disclaiming responsibility for
an owner's decision made without
the architect's approval.
- Disclaiming responsibility for hazardous materials, unless a specific duty under the agreement. - 180Architect should look for the *Omission of Certain desired *contractual rights.- To assign the agreement.
- To be named an additional insured.
- To suspend the services and terminate the agreement for the owner's failure to make payments when due.
- To obtain indemnification from the contractor for claims of bodily injury and property damage arising from the contractor's negligence. - 181*Negotiation strategy. Documents are often exchanged by e-mail, but should always be discussed with clients to explain why certain changes are necessary.Take into account:
1) Agreement clauses that
must be revised.
2) Agreement clauses that
must be deleted or substituted
with alternative proposal.
3) Agreement clauses that
must be accepted.
4) Add certain provisions that
owner omitted. - 182*Prime agreement.When the Architect is engaged in a specialty role as a subconsultant to Another Architect, called the Prime Architect, the Prime Architect may have already executed an Agreement with the Owner, called the "Prime Agreement," which will be incorporated into the subconsultant agreement.
- 183When reading agreements, Architect must highlight and identify risks to classify into 2 broad categories.- Insurable.
- NOT insurable. - 184"Professional care" and "reasonable interpretations" When identifying risks in an owner genereated agreement.Unless a reference is made to professional care, and agreement to comply with "all" codes and laws
may be seen as a warranty.
Also, it must be stated that Architect will comply with "reasonable interpretations" of the law since many of these laws and codes are conflicting and subject to
more than 1 interpretation. - 185Performance guarantees and professional skill. When identifying risks in an Owner genereated agreement.When design professional agrees to design to achieve a desired result, like a particular sustainability goal or LEED status, he must not guarantee that the result will be achieved because that may be seen as an uninsurable guarantee.
Thus, must use words such as " Design Consultant agrees that in accordance with professional skill and care all Services shall be performed to
achieve such standards." - 186Fiduciary duties and agreements.Under a typical Owner-Architect agreement, the Architect serves as an *Independent contractor, is NOT the Owner's agent (except in a limited way, as set forth in the agreement), and does NOT owe a fiduciary duty to the owner.
Fiduciary duty exceeds standard of care and it is NOT insured by PL. Words imposing a duty to act in the client's best interest and to accept a relationship of trust can imply that the parties intended to create a fiduciary relationship, even if the words themselves do not expressly create the duty. Thus, Add disclaimer of fiduciary duties or architect will be at risk. On the other hand, a duty of good faith and fair dealing is implied by law in every contract, so words of that nature do not impose a higher standard and do not require deletion. - 187Professional liability *policy covers.Negligence of named insured Architect and those whose acts the architect is legally responsible, such as subconsultants.
Architect is NOT responsible for the Owner's consultants and must review Client provided agreement for clauses requiring that architect take responsibility for the
mistakes of others. - 188If an Owner's Cost estimator makes a mistake.The Architect should *NOT be
required to redesign at its own expense
to account for those mistakes. - 189*Cost estimator language that should be part of *Owner generated agreement.Architect shall be entitled to rely on the accuracy and completeness of estimates of the cost of the work the Cost consultant prepares.
Architect shall prepare as
additional service, revisions required
due to cost consultants inaccuracies or incompleteness of cost estimate.
Architect may *review cost consultants estimates SOLELY for his *guidance in completion of its services. - 190Under the AIA agreements, the Architect has the *authority, but NOT the duty, to.*Reject nonconforming construction work. However, architect has a duty to report defects that architect observes when performing site visits - standard OF care means architect could not reasonably be expected to observe each and every construction defect.
- 191Contractor's submittals and architect's responsibility. Architects review of submittals is *limited to avoid uninsurable liability for contractor's means and methods.§ 3.6.4.2 In accordance with the Architect-approved submittal schedule, the Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the *limited purpose of *checking for conformance with *information given and the design concept expressed in the *Contract Documents.
Review of such submittals is *NOT for the purpose of determining the accuracy and completeness of other information such as *dimensions, *quantities, and *installation or *performance of *equipment or systems, which are the Contractor's responsibility.
The Architect's review shall *NOT constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures.
The Architect's approval of a specific item shall *NOT indicate approval of an assembly of which the item
is a component. - 192How can architects minimize risk when requested to certify accuracy of contractor's payment applications and to the owner's lenders, that the project is constructed in conformance w CDs.Because the architect often does not have complete control over the truth of certifications it makes, certifications should be qualified, as edited below, to impose a reasonable standard
of review upon them.
"Upon completion of documents, the architect shall certify to the Owner that to the best of the Architects INFORMATION, KNOWLEDGE, AND BELIEF all Contract Documents have been thoroughly checked for..." - 193Example of *Cause that should be avoided regarding *Payment Disputes and Why."Grounds for Not Paying Invoices. Owner may decline to pay an invoice, in whole or in part, to the extent Owner decides it is necessary to protect itself from loss due to Consultant's performance or nonperformance of the Services."
Professional Liability does *NOT cover costs associated with *payment disputes. Owners must not take it upon himself to withold funds in case of dispute bc those claim expenses are not covered and will not be refunded. - 194*Attorney's fees/prevailing party clause.- Avoid it*. PROFESSIONAL LIABILITY does *NOT cover it due to the policiy's contractual liability exclusion.
- 195Key points of Quality Management in *Contract Administration.- Answer fast and with the right answer (accuracy and efficiency).
- Discover and correct discrepancies in the CDs before construction.
- Post-CA meeting to talk about lessons learned and improve process
for next time.
- Have an organized and well
executed CA program. - 196*QM elements related to the *Construction documents during the construction phase include the following.- Document management*
(file naming, updating cds).
- Project procedures manual*
(establish based on contract, describe events and procedures).
- Document access and control*
(strict control of access to docs must be maintained to manage quality and minimize risk).
- Meeting control and documentation* (scheduled proj. meetings and
meeting minutes)
- Submittal review*
(where it is determined whether contractor's interpretation of design is acceptable. Must have submittal schedule or difficult to control)
- Request for information responses*
(a contractor who has weak work plan can increase admin time for architrct , quick RFI's are risky and can affect CA services quality, reduce by scheduling review, if RFI continue, discuss additional fee fo r the extra review time) - 197A few things to remember about *Quality Owner Services are:- Be accessible.
- Document thoroughly.
- Always find an answer.
- Leave a good impression.
- Personalize project closeout.
- Perform all your contracted services.
- Check the owner satisfaction
meter frequently. - 198When keeping track of sensitive and potentially *incriminating issues and events, *record them generically.The overall objective is to retain enough information to adequately describe the issue or event and get it back into your process where it can do some good
on the next project. - 199Importance of Quality Managament in *Post construction.- A more meaningful
extended client relationship.
- Intense personal assistance.
- Considerstion for future work.
- Lasting impression with owner and contractor are important.
Client relations are an investment.
- Quality services leave a good impression. - 200Available Post-Construction *Additional Services. *Conformed construction documents: documents that *reflect all *addenda adds or changes after initial document publication. *As-designed construction documents: documents that *reflect the *approved changes made during the construction phase.*As-constructed construction documents: documents that *reflect the contractor's *as-built conditions.
*Post-occupancy evaluation: a review to measure how well a building meets the needs of the people who use it and identify ways to improve building performance and fitness for purpose.
*Facility support services: can include *energy audits and customized maintenance programs.
*Tenant-related services: tenant
build-out or existing tenant renovations.
*Retro-commissioning: NOT to be confused with third-party team-led post-construction commissioning.
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- Architecture FlashCards sobre PCM 3, criado por Tim D Architect em 17-03-2021.
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- Tim D Architect
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