6 - CE Flashcards
for the programming phase, what are 3 ways cost estimates can be performed?
- unit cost, such as per hospital bed, per theater seat
- historical data based on similar type of projects perviously completed
- cost per sq.ft.
what cost estimating method is used during the SD phase?
preliminary, rough; based on major elements, such as structural system, MEP systems
what cost estimating method is used during the DD phase?
detailed pricing based on the actual components being considered, including windows, curtain walls, finishes, & equipment
what cost estimating method is used during the CD phase?
complete & final pricing based on direct quotes from suppliers, installers, sub-contractors, & manufacturers
can only be done once nearly everything in the building has been specified, a great deal of effort
final check before construction begins, allows for revision to design as needed to meet budget
what factors can have an effect on cost estimates?
- availability of labor & material, labor rates, material prices, resources to produce material, convenience of transportation, location (more remote = more costly), less predictable costs in rural areas
- high interest rates = less housing construction = lower material prices
- increased cost of living = increased union wages & higher labor costs
what is the typical profit margin factored into the construction cost estimate?
15-20% for small projects
10-15% for med-large
5-10% for very large
what are the typical fees of the MEP consultants?
as a % of construction cost: mechanical = 15% electrical = 12.5% civil = 10.5% structural = 9.4%
cost estimating with parameter costs can be adapted to a city by using _____ or adding an inflation factor
ENR 20 Cities Building Cost Index
what is a pro-forma, who does it, and during what phase of a project is it typically done?
financial analysis of the building project showing costs & ROI
typically done by client at beginning of project to determine if project will be profitable
what is general obligation bond?
a municipal bond that is issued when a state or local government wants to raise money for a project
shareholders are guaranteed to be repaid using future tax revenues
what is a revenue bond?
a type of municipal bond
shareholders are promised payment form the revenue collection of the projects (e.g. tolls from a new bridge)
interest rates are higher than general obligation bonds
describe the 5 phases many firms use to help in cost estimating
pre-planning/proposal phase: unit cost coming from occupancy of building
programming: function of spaces & unit costs come from similar buildings
SD: begin to determine major elements & systems in buildings
DD: more defined materials
CD: finishes in place, should reflect pre-bid cost breakdown
define depreciation
federal tax benefit given for the decrease in the value of assets over time
with regard to project budget, how are quantity & quality related?
a change in one will result in a change in the other
what 4 conditions are out of the architect’s control when it comes to cost estimates?
- market conditions
- inflation & cost of goods & services
- contractor means & methods of construction
- unknown site conditions
what is the project development budget?
the budget for the entire project, including but not limited to site acquisitions, construction costs, professional service fees, permit & inspection costs, financing costs, & contingencies
name 7 steps in the project development budget
- site acquisition & purchase
- construction: off-site & on-site
- professional services (architect, engineers, & consultants)
- miscellaneous fees (bids, permits, or reports)
- inspections & testing
- contingencies
- financing costs
what are 5 contract elements between owner & architect?
- description of services to be provided
- fees or services
- name, address, & license number of architect
- provision for additional services
- termination clause
which method of compensation for architectural services reduces the risk to the architect?
direct personnel expense
instead of a multiple of employee salaries, the client is billed for the salaries of staff working on the job, plus the cost of their benefits, and a set amount for overhead & profit
since the is the exact cost of the employee for the architect, this approach is best for new clients with speculative work, as it minimizes risk to the architect
multiple of direct salary expense, direct personnel expense, and hourly billing rate are all examples of what type of billing method?
these are all time-based methods of billing
define fast track schedule
construction documents are issued in phases, construction begins while design is still being completed
describe a typical project schedule, itemized by phase
SD - time to complete affected by size & complexity, quality of client’s program information, decision-making ability of client, design team (usually 1-2 months)
DD - time to complete affected by complexity of project (usually 2-6 months)
CD - affected by complexity of project (usually 3-7 months)
Bidding & Negotiation - usually 3-6 weeks
CA - varies depending on size/complexity of the project; may require years to complete
name at least 4 negative effects that might be experienced from shortening the project schedule
- overtime work: costly & inefficient
- hire mor people: inexperience, time to train
- reduce man hours: poor quality of drawings
- overall, causes higher costs for design & construction, and lower quality project
define CPM (critical path method)
path with the longest required time is the critical path, and the activities on that path are called critical activities
reducing the critical path reduces the whole schedule & increases job costs, but decreases overhead costs
describe what happens when a project is fast tracked
also called accelerated or telescoped
CD’s are issued in phases, requires coordination and precludes against major design revisions
requires staged bidding - may get many contractors & therefore makes it hard to get a fixed price early on; usually needs a CM to oversee
who is responsible to pay for labor & materials?
the contractor (unless otherwise provided for in the contract documents)
AIA201 3.4.1
does a contract allowance cover labor, installation, or overhead costs?
no - only covers cost to contractor of materials & equipment delivered to site & all required taxes
costs for unloading, handling, labor, installation, overhead, & profit are not included in allowances (included in contract sum instead)
if a construction change directive provides for an adjustment to the contract sum, what is the adjustment based on?
- mutual acceptance of a lump sum properly itemized & supported by sufficient data
- unit prices stated in the contract documents or subsequently agreed upon
- cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee
AIA A201 7.3.3
what items does the architect assist the owner with during the bidding or negotiation phase?
- establishing a list of prospective contractors
- obtaining either competitive bids or negotiated proposals
- confirming responsiveness of bids or proposals
- determining the successful bid or proposal
- awarding and preparing contracts for construction
what specific responsibilities does the architect have in bidding the project?
- distribute bidding documents to prospective bidders, maintaining a log of distribution
- organize & conduct a pre-bid conference for bidders
- prepare responses to questions from bidders & issue addenda
- organize & conduct the opening of the bids & distributing bid results
what services is the architect responsible for regarding negotiated proposals?
- distribute proposal documents to prospective contractors
- organize and participate in selection interviews with prospective contractors
- participate in negotiations with prospective contractors
- prepare a summary report of the negotiation results
what is AIA A201?
general conditions of the contract for construction
sets out duties, responsibilities, & relationships of the 3 parties (owner, architect, contractor) during construction
under what conditions may the contractor request the owner to provide evidence of financial ability to fulfill the requirements of the contract?
before the commencing of work, the contractor may request the owner to provide reasonable evidence that the owner has made financial arrangements to fulfill the owner’s obligations under the contract
after work has commenced, when can the contractor request evidence from the owner of financial ability to fulfill the contract requirements?
after work has commenced, the contractor may only request evidence when:
- owner fails to make payments to the contractor
- change in work that changes the contract sum
- contractor identifies in writing reasonable concern regarding the owner’s ability to fulfill obligations under the contract
AIA A201 2.2.1
what documents is the owner required to give the contractor?
the owner shall furnish surveys, legal limitations, utility locations, & a legal description of the site
also, the owner must furnish all information or services required by the contract documents
do the contract documents include bidding instructions?
no, the contract documents consist of:
- owner-contractor agreement
- conditions of the contract (general, supplementary, & other)
- drawings & specifications
- addenda issued prior to executing the contract
- modifications issued after the execution of the contract
who establishes the requirements for a construction schedule?
the architect
the contractor prepares the actual schedule of how the work will be performed
drawings or additional instructions that modify the contract documents after they have been issued to bidder (but before receiving bids) are known as ______
addenda
contract documents are often modified before & after bidding. the changes made before bids are received (but after drawings were issued) are addenda - and must be sent to all bidders
what is the difference between a change order & a construction change directive?
construction change directive = used when parties can’t agree to the terms of a change order, or if time is of the essence
an invitation to a selected list of contractors to solicit bids for a project is known as….. ?
an invitation to bid
a forecast of the likely cost of the work, as opposed to a firm bid, is called an…..?
estimate
what is an allowance?
an amount set aside to cover the cost of certain items not yet specified
e.g. 1k allowance in a bid for a dishwasher, since the actual has not yet been selected
how does AIA A201 define the contract sum?
total amount payable by the owner to the contractor for performance of the Work under the contract documents
AIA A201 9.1
what is a schedule of values and how does the architect use this document?
submitted by contractor to the architect prior to first application for payment; allocates entire contract sum to the various portions of the Work; used as a basis for reviewing the contractor’s application for payment
AIA A201 9.2
what conditions must be present for the contractor to stop the Work?
if the architect does not issue a certificate for payment through no fault of the contractor, or if the owner does not pay within 7 days after the date established in the contract documents, then the contractor may, upon 7 additional days’ written notice to the owner & architect, stop the Work until payment of the amount owed to the contractor is received
AIA A201 9.7
during a site visit, the architect discovers a portion of the Work was covered prior to a required inspection. what can the architect require of the contractor?
the portion of the work must, if requested in writing by the architect, be uncovered for examination & be replaced at the contractor’s expense without a change in the contract time
AIA A201 12.1.1
if Work uncovered at the architect’s request is found to be in accordance with the contract documents, who is responsible for the expense of the change order?
the architect may request to see work and it shall be uncovered by the contractor. if such work is in accordance with the contract documents, costs of uncovering & replacement shall (by appropriate change order) be at the owner’s expense.
if such Work is NOT in accordance with the contract documents, such costs & cost of correction shall be at the contractor’s expense.
AIA A201 12.1.2
what is the warranty period for the contractor’s work?
according to the A201, general conditions, the contractor must correct any work not found to be in compliance with the contract documents within 1 year of substantial completion
AIA A201 12.2
what is the warranty period for work performed after substantial completion?
the one-year period for correction of Work shall be extended with respect to portions of the Work first performed after substantial completion by the period of time between substantial completion and the actual completion of that portion of work
A201 12.2
who is responsible for the costs related to tests & inspections?
the contractor shall make arrangements for tests & inspections and shall bear all related costs of tests, inspections, and approvals as indicated in the contract documents
the owner shall bear costs of tests, inspections, or approvals that do not become requirements until after bids are received or negotiations are concluded; and tests, inspections, or approvals where building codes prohibit the owner from delegating costs to the contractor
A201 13.5
when may the owner terminate the contract for convenience?
the owner may, at any time, terminate the contract for the owner’s convenience and without cause. upon receipt of written notice from the owner of such termination, the contractor shall cease operations, take actions necessary for the protection & preservation of the work, and terminate all existing subcontracts except for Work directed to be performed prior to the effective date of termination.
what conditions must exist for the contractor to terminate the contract?
upon 7 days written notice to the owner & architect, the contractor may terminate:
- if work is stopped for 30 consecutive days through no act or fault of the contractor
- acts of government or court order stopping work
- non-payment by owner
- owner fails to furnish financial evidence of being able to complete requirements of contract
when may the owner terminate the contract for cause?
owner may terminate the contract w/ 7 days written notice if contractor:
- repeatedly refuses or fails to supply enough workers or proper materials
- fails to make payment to subcontractors
- repeatedly disregards applicable laws, codes, etc.
- is guilty of substantial breach of the contract documents
A201 14.2
according to AIA B101, name 3 services, other than architectural services, that are part of the architect’s scope of basic services
structural, mechanical, and electrical engineering services are part of the scope of the architect’s basic services
the architect is responsible for coordinating what 4 documents during the CD phase?
- contract drawings (project plan set)
- project manual (specs, general/supplementary conditions)
- invitation to bidders / instructions to bidders
- updated estimate of the cost of work
according to the AIA B101, if the owner suspends the project for reasons other than the fault of the Architect, what number of days must pass before the Architect can terminate the agreement?
90 cumulative days
according to the AIA B101, if the owner suspends the project for more than 90 cumulative days for reasons other than the fault of the architect, how many days of written notice must the architect give before terminating the contract?
7 days written notice
what does AIA B102 define?
standard form of agreement between owner & architect without a predefined scope of architect’s services
provides agreement terms only, does not include scope of architect’s services, this must be inserted into article 1 or attached as an exhibit
B102 also contains provisions for mediation & arbitration of claims & disputes
which AIA document, other than the B101, provides the architect’s scope of basic services?
AIA B201 - standard form of architect’s services: design & construction contract
this is based on the 5 traditional phases: SD, DD, CD, Bidding/negotiation, & CA
is AIA B201 a standalone document?
no, it must be incorporated into an owner-architect agreement, such as AIA B102
what are the architect’s responsibilities during schematic design?
- prepare preliminary evaluation of owner’s program
- exploration of different design alternatives
- meeting w/ local officials
- meeting w/ preliminary coordination consultants
- submit to the owner an estimate of the cost of work
what basic responsibilities does the architect have during the CD phase?
- prepare construction documents
- prepare written specifications
- prepare the project manual
- prepare drawings for submittal to local agencies
- coordination of consultant drawings
what is the responsibility of the architect in reviewing shop drawings?
review only for limited purpose of checking for conformance w/ the contract documents, and compliance w/ the design intent
what information is contained within the project manual?
- specifications
- conditions of the contract for construction:
- general conditions
- supplementary conditions
- other conditions - invitation to bidders/instructions to bidders
what forms would be part of the Bidding Requirements?
- invitation to bid
- prequalification forms
- instructions to bidders
- information available to bidders
- bid forms
what could be some of the supplements to the bid forms?
- bid security form
- subcontractor list
- substitution list
what forms could be included as part of the contract between owner & contractor?
A101 - agreement between owner & architect
performance bond & payment bond (A312)
certificates of insurance
what are the 3 ways in which the contract may be changed or modified?
- architect’s supplemental instructions
- change order
- construction change directive
define supplemental instructions
additional instructions or interpretations by the architect.
they call for minor changes in the Work, assist the Architect in performing obligations as interpreter of the contract documents
there is NO change in contract time or sum, this document only requires the Architect’s signature
how is a change order different from a construction change directive?
change order = prepared by architect, signed by architect, owner, & contractor; includes a description of the change & cost or time adjustment
construction change directive = signed by architect & owner; directs a change in work prior to an agreement in the contract sum or time adjustment and is typically used in the absence of total agreement on the terms of a change order
describe the change order process
- contractor notifies in writing of the proposed change (owner or architect may request as well)
- architect completes a proposal request detailing changed work and sends to contractor
- contractor submits an impact of cost & time of the proposed work for the architect to review
- if owner decides to go ahead with work, architect prepares the change order and all 3 parties sign
who is the initial decision maker and what do they do?
the person identified to render initial decisions on claims and, unless the owner & contractor choose otherwise, is filled by the architect. the architect shall endeavor to fairly & impartially try to resolve a dispute.
AIA A201 15.2
what is the next step if the initial decision maker is unable to settle a conflict between the owner & the contractor?
if the architect is unable to resolve a conflict between the owner & contractor, or if doing so would be a conflict of interest to the architect, the next step would be a formal process of mediation administered by the American Arbitration Association
AIA A201 15.2.5
can the owner accept work that is NOT in accordance with the requirements of the contract documents?
yes
if the owner prefers to accept work that is not in accordance w/ the requirements of the contract documents, the owner may do so instead of requiring its removal or correction, in which case the contract sum will be reduced as appropriate & equitable
A201 12.3
describe the process for final completion & final payment
- contractor submits to the architect the final application for payment
- architect makes inspection to determine final completion, that all remaining work is completed in accordance w/ the contract documents
- architect issues a final certificate of payment to the owner, which states that the work has been completed in accordance w/ the contract documents and the outstanding balance is now due
A201 9.10
what must the contractor submit to the architect in order to receive final payment?
- affidavit that payroll, bills for materials & equipment, and other indebtedness have been paid or satisfied
- submit contractor’s affidavit of release of liens
- certificate stating that the insurance is in effect and no known reason for it not being renewable
- consent of surety
- proof of release of all applicable liens from subcontractors, material suppliers, and vendors
A201 9.10.2
how does filing the notice of completion affect the period for contractors & subcontractors to file liens?
if the owner files the notice of completion with the county clerk recorder’s office, it has the following effects on lien periods:
- prime contractors - reduces lien period from 90 days to 60 days
- subcontractors - reduces lien period from 60 days to 30 days
if no notice of completion is filed, lien period is 90 days for both prime and sub contractors
what does N.I.C. stand for?
not in contract
refers to items not part of contract and not provided or installed by contractor
what rights does the owner retain in regards to stopping the work?
if the contractor fails to correct work that is not in accordance with the contract documents or repeatedly fails to carry out the work, the owner may issue written order to stop the work until the cause of the order has been eliminated
A201 2.3
if the contractor neglects to carry out the work according to the contract documents, what option does the owner have to rectify the situation?
the owner, upon a written notice w/ 10 days warning, may correct any deficiencies in the work using their own forces
a change order will be issued deducting from payments due to the contractor for the reasonable cost of correcting the work, including owner’s expense & compensation for the architect’s additional services if required
such actions are subject to prior approval of the architect
A201 2.4
what is the primary obligation of the contractor?
to perform the Work in accorance w/ the contract documents
A201 3.1.2
name 2 requirements of the contractor prior to execution of the contract
before commencing the work, the contractor is required to:
- visit the site
- become familiar with the contract documents
execution of the contract by the contractor is a representation that they have performed these actions
A201 3.2.1
what must the contractor do before commencing each portion of the work?
carefully study & compare various contract documents (drawings, specifications, etc.) before starting each portion of the work
A201 3.2.2
does the contractor review the contract documents for compliance with applicable laws, codes, and regulations?
no
but, they should notify the architect of any nonconformities they see
A201 3.2.3
who is responsible for the supervision & construction procedures of the work?
the contractor shall be solely responsible for the construction means, methods & techniques, sequences, and procedures; and for coordinating all portions of the work, unless the contract documents give other specific instructions
A201 3.3.1
does the owner pay for the building permit?
no, unless otherwise provided in the contract documents, the contractor shall secure and pay for the building permit as well as for other permits, fees, licenses, and inspections by government agencies necessary for proper execution and completion of the work
A201 3.7.1
what is the contractor subject to if they knowingly perform work in violation of laws, codes, and/or regulations?
the contractor shall assume responsibility for the work and bear the costs of correction
A201 3.7.3
what must the contractor do if concealed or unknown conditions are encountered on the site?
they shall promptly notify the owner and architect before conditions are disturbed and in no event later than 21 days after the first observance
A201 3.7.4
a contractor discovers a wetland on the site not indicated on the contract documents. what must they do?
if the contractor encounters human remains, archaeological sites, or wetlands not indicated in the contract documents, they shall immediately suspend work and notify the owner & architect. upon receipt of such notice, the owner shall take action to obtain governmental authorization required to resume operations
A201 3.7.5
what are shop drawings, product data, and samples?
shop drawings = drawings, diagrams, schedules, & other data specific to the Work
product data = illustrations, standard schedules, performance charts, instructions, brochures, diagrams, etc. illustrating materials or equipment for some portion of the Work
samples = physical examples that show materials, equipment, or workmanship and help establish standards during construction of the project
A201 3.12
who is responsible for receiving & approving shop drawings before they are sent to the architect?
the contractor shall review shop drawings, product data, and samples for compliance with the contract documents, approve & submit them to the architect for review
A201 3.12.5
what is represented to the owner & architect when the contractor submits shop drawings, product data, & samples?
the contractor represents that they have:
- reviewed & approved the documents
- determined & verified materials, field measurements, & field construction criteria, or will do so
- checked & coordinated information w/ the contract documents
A201 3.12.6
who is responsible for making sure the drawings comply with the building codes & other regulations?
the architect
the contractor is only responsible to build per the contract documents
what is the architect’s primary obligation during the construction phase?
the architect will review work for compliance w/ contract documents & keep owner informed of the progress of the work
the architect will also provide administration of the contract as described in the contract documents and will be the owner’s representative during construction until the date the architect issues the final certificate of payment
what is the architect required to do regarding site visits?
the architect will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress & quality of the work & keep the owner informed about the progress of the work as well as notify the owner of any non-conforming conditions at the site. the architect will not be required to make exhaustive or continuous on-site inspections.
A201 4.2.2
what information should the architect report to the owner during construction?
on the basis of site visits, the architect will keep the owner informed about the progress & quality of the work & report to the owner:
- known deviations from the contract documents
- defects & deficiencies observed in the work
A201 4.2.3
how is communication between the owner & contractor provided for in AIA A201?
the owner & contractor shall communicate with each other through the architect unless otherwise provided in the contract documents. communication by and with the architect’s consultants shall be through the architect. communication by and with subcontractors shall be through the contractor.
A201 4.2.4
what is the responsibility of the architect in regards to contractor’s applications for payment?
the architect will review & certify the amounts due to the contractor and will issue certificates of payment in such amounts
A201 4.2.4
when does the architect have the authority to reject work?
the architect has the authority to reject work that does not conform to the contract documents. the architect may also require inspection or testing of the work whenever they consider it necessary or advisable.
A201 4.2.6
who is responsible for preparing change orders & construction change directives?
the architect
they may also authorize minor changes in the work that do not affect contract time or sum
A201 4.2.8
when is the architect required to conduct inspections of the work?
the architect will conduct inspections to determine the date of:
- substantial completion
- final completion
the architect will issue the certificate of substantial completion, forward written warranties & related documents to the owner, & issue a final certificate for payment
when making decisions about the compliance of the work in relation to the contract documents, which party should the architect favor?
neither
when making interpretations or decisions about compliance of the work in relation to the contract documents, the architect shall endeavor to secure faithful performance by both the owner & contractor and will not show partiality to either party and not be responsible for decisions rendered in good faith
A201 4.2.12
does the architect have the authority to stop the Work?
no
the owner, contractor (if payments not received), and the local building official have the authority to stop the work. the architect does not have the authority to stop the work.
under which circumstances are the architect’s decisions final?
the architect’s decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the contract documents
A201 4.2.13
what responsibility does the architect have regarding requests for information (RFI)?
the architect shall review & respond to RFIs about the contract documents in writing within any time limits agreed upon or otherwise with reasonable promptness
A201 4.2.14
a subcontractor requests direction from the architect. how should they respond?
the architect should inform the subcontractor that they are not responsible for directing subcontractors or employees of the contractor, and should ask the contractor for guidance. any issues or concerns should then be communicated by the contractor to the architect.
name the typical documents the architect is responsible for using during contract administration
- proposal request
- architect’s supplemental instructions
- change order
- construction change directive
- application & certificate for payment
- certificate of substantial completion
- architect’s field report
- shop drawings & sample record
- responses to RFI
the bids have come back from all 3 contractors bidding the project. the lowest bid is still higher than the owner’s budget and the owner is demanding the architect make changes to the drawings to bring the project in line w/ the budget. is the architect entitled to additional compensation?
if the lowest bid exceeds the owner’s budget, then the architect is required to revise the drawings, without additional compensation, to conform to the owner’s budget
B101 6.6 & 6.7
what warranties are included with materials and equipment furnished under the contract?
the contractor warrants to the owner & architect that materials & equipment furnished under the contract will be of good quality, free from defects, except for those inherent in the quality of the work
A201 3.5
if the uncovered non-conforming work was the result of the owner or a separate contractor, who is responsible for the expense of correcting the work?
if the condition of the non-conforming work uncovered by the contractor was the result of the owner or a separate contractor, the owner shall be responsible for payment of such costs & expenses related to uncovering & correction of work
A201 12.1.2
a contractor is held liable by a government agency for remediation of hazardous materials discovered on the project site. what action must the owner take in this situation?
if, without negligence on the part of the contractor, the contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing work as required by the contract documents, the owner shall reimburse the contractor for all cost & expense thereby incurred
A201 10.3.6
under what conditions can the owner suspend the project?
the owner may, without cause, order the contractor in writing to suspend, delay, or interrupt the work. the contract sum & time shall be adjusted for increases in the cost & time caused by suspension, delay, or interruption unless the suspension was due to a cause by the contractor.
A201 14.3
what should the contractor do if they discover inconsistencies within the contract documents?
they shall promptly report to the architect any errors, omissions, or inconsistencies discovered by or made known to the contractor regarding the contract documents
how do you define negligence?
failure to meet the ordinary standard of care expected from the architect (or any professional) in fulfilling their responsibilities
why does project type have an effect on the architect’s performance of contract administration?
the architect is required to perform contract administration on essential services buildings, public schools, community colleges, & hospitals. these different building types require different amounts of time involvement for contract administration and the architect’s fees should be adjusted accordingly. CA is performed as a standard of practice for non-essential services buildings as well.
what documents, not directly used by the architect, are typically used during contract administration?
- contractor’s affidavit of releases of liens
- lien releases from subcontractors, material suppliers, and vendors
- certificate of occupancy (issued by building official)
- notice of completion (filed by owner)
how does the involvement of a construction manager affect contract administration?
the involvement of a CM does not limit the liability of the architect, however, some of the responsibilities may be reduced in accordance with the construction manager advisor edition of the owner-architect agreement
what items is a construction manager (CM) responsible for?
- determine work is performed in accordance with construction documents
- inform owner of progress of work
- endeavor to guard owner from defects in work
- owner & contractor communicate through the CM
- review & certify applications for payment
- prepare change orders & construction change directives
architect still approves change orders & applications for payment
if a construction manager is brought on during contract administration, what responsibilities does the architect retain?
the CM will endeavor to keep the architect in the loop, particularly in matters of communication between the owner & contractor. the architect is still responsible for the following:
- approving applications for payment
- approving change orders & construction change directives
what is mediation?
mediation is the first line of conflict resolution if parties are unable to resolve themselves
a neutral 3rd party aims to assist two or more parties in reaching an agreement; both parties share the expenses of mediation
mediation is non-binding
how does a notice of non-responsibility protect the owner?
a notice of non-responsibility is utilized when a tenant (not owner) of a space is performing work and the owner (landlord) wants to protect themselves from any liens stemming from the failure of the tenant to pay contractors & vendors
the notice of non-responsibility is completed by the owner & physically posted at the construction type
what are 5 ways an architect can help protect an owner from liens being filed?
- have the owner request the general contractor to purchase a performance bond & payment bond
- receive a signed lien release from subcontractors at the time of payment
- architect process contractor’s request for payment in a timely manner
- collect & hold retainage
- recommend the owner file notice of completion with the county recorder to reduce the window in which liens may be filed
what is the statute of limitations for patent (visible or apparent by reasonable inspection) defects in the work?
4 years
no action shall be brought to recover damages from any person performing or furnishing the design, specifications, surveying, planning, supervision, or observation of construction or construction of an improvement to real property more than 4 years after the substantial completion of such improvement
what is the statute of limitations for latent (hidden by reasonable inspection) defects in the work?
10 years
no action shall be brought to recover damages from any person performing or furnishing the design, specifications, surveying, planning, supervision, or observation of construction or construction of an improvement to real property more than 10 years after the substantial completion of such improvement
what is the statute of limitations for a contractual liability in the state of California?
4 years from the date of the default of the contract
relating to upholding written agreements or contracts
what are special inspections?
inspections of the materials, installation, fabrication, erection or placement of components and connections requiring special expertise to ensure compliance with approved construction documents & reference standards. they can be continuous (full time observation of the work) or periodic (part time of intermittent observation of the work).
who performs special inspections?
a special inspector shall be a qualified person who shall demonstrate competence to the satisfaction of the building official, for inspection of the particular type of construction or operation requiring special inspection. the owner shall employ one or more special inspectors to provide inspection during construciton.
what is a statement of special inspections?
when the Work is sufficiently complete in accordance with the contract documents and ready for the owner’s occupancy & use
A201 9.8
who performs structural observations?
the owner shall employ a registered design professional to perform structural observations (usually the structural engineer). at the conclusion of the work included in the permit, the structural observer shall submit to the building official a written statement that site visits have been made and identify any reported deficiencies that have not been resolved.
what steel components or assemblies require special inspections?
- material verification for high strength bolts
- high strength bolts
- material verification of structural steel
- welding of structural steel
- steel joint frame details for compliance w/ construction documents
what types and components of concrete require special inspection?
- reinforcing steel & welding
- bolts, anchors, & formwork
- verifying use of required design mix
- sample concrete during placement for subsequent strength testing (core test)
- shotcrete (sprayed-on concrete mixture)
- proper curing temperatures & techniques
what other assemblies, components, and site conditions require special inspections?
- seismic resistance structural systems
- high load diaphragms in wood frame construction (shear walls)
- structural masonry
- pile foundations
- smoke control systems
- sprayed fire-resistant materials (thickness, etc.)
- exterior insulation & finish systems
on final inspection of the building, the building inspector discovers that the toilet fixtures do not comply with the plumbing code. after an investigation, it is determined that the installed toilet fixtures complied with the toilets specified in the contract documents. who is responsible for replacing the fixtures?
the architect
according to B101 (owner-architect agreement), it is the architect’s responsibility to “incorporate design requirements to meet code.” since the architect selected & specified the toilet fixtures that do not comply, they were negligent and are responsible for the cost of removing & replacing them. the building department assumes no responsibility, even though it issued the building permit.
who issues the certificate of occupancy?
the building official issues the C of O after conducting final inspection & walk-through with the contractor. once the C of O is issued, the owner can legally occupy the building.
an architect is hired to renovate an existing historic building on the national register. is the building required to have an elevator to comply with ADA regulations?
yes
the ADA guidelines state that alterations to historic buildings shall comply w/ all the requirements, including elevators & accessible routes, unless compliance would threaten or destroy the historical significance of the building
how long after substantial completion is the contractor required to correct any work not in compliance w/ contract documents?
one year
the A201 general conditions states that the contractor must correct any work not in accordance with the contract documents within one year after the date of substantial completion (after receiving written notice from the owner)
during construction, a portion of the foundation of the building next door is undermined. what should the contractor do?
the A201 general conditions states that the contractor must act at their discretion to protect the safety of people & property of any threatened damage, injury, or loss
what is an application for payment?
a contractor’s written request for payment for the amount due based on the work completed or materials stored on site. also called a request for payment.
what is the certificate of occupancy?
an official document from the local building code enforcement department stating that the project has met all applicable codes & is ready for its designated purpose (ready to move in)
what is arbitration?
alternative to litigation (going to court). one (or more) arbitrators listens to both sides and renders a decision.
what is the contractor entitled to if the Work is stopped due to non-payment?
the contract time shall be extended appropriately & the contract sum shall be increased by the amount of the contractor’s reasonable costs of shut-down, delay, & start-up, plus interest as provided for in the contract documents.
A201 9.7
under what circumstances would the oner contact a subcontractor directly?
if the contractor fails to furnish written evidence that the subcontractors have been properly paid, after a request from the owner to do so, then the owner shall have the right to contact subcontractors to ascertain whether they have been properly paid
A201 9.6.4
when a contractor or subcontractor accepts final payment, what rights are they essentially waiving?
acceptance of final payment by the contractor, a subcontractor, or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final application for payment
A201 9.10.5
what are progress payments?
payments made to the contractor during progress on the construction, based on the work completed or the materials purchased & stored on site
the contractor has consistently failed to keep the site clean & free of debris. what option does the owner have in this situation?
the owner may clean up and shall be entitled to reimbursement from the contractor
A201 3.15.2
in terms of the design professional’s lien laws, what four groups are considered design professionals?
- licensed architect
- licensed landscape architect
- registered professional engineer
- licensed land surveyor
what is a design professional’s lien?
right to record a lien on a property BEFORE construction begins IF a building permit or other governmental approval has been obtained
they are available on public & private projects
what are the 5 steps included in the process of imposing a design professional’s lien?
- has construction commenced? if so, lien does not apply, must use mechanic’s lien
- determine governmental approval - if no permit or other approval, lien is not available
- send demand letter - 10 days prior to recording lien, issue landowner payment demand
- record lien - in county of project location, no later than 90 days after knowledge that work will not commence
- enforce lien - file suit within 90 days of recording the lien
what are 3 conditions that will cause a design professional’s lien to expire?
- design professional does not file lawsuit to enforce lien
- the work commences on the project
- landowner partially or fully satisfies the lien, design professional shall execute & record a document as applicable
what is a mechanics lien?
a legal claim against real property for satisfaction of a debt (i.e. you perform work on a private project and are not paid for your service or materials)
not allowed on public projects, does not affect the ability to pursue other remedies
who has rights to file a mechanic’s lien?
- contractors
- subcontractors
- material suppliers
- laborers
- design professionals
what is a preliminary 20 day notice?
a document that aids subcontractors, vendors, & material suppliers to protect their lien rights in the event they are not paid for services rendered or materials supplied
within 20 days of furnishing labor or materials, subcontractors must serve a preliminary 20 day notice to the owner, by certified first class mail or in person, which allows the owner to be made aware of the lien rights of the subcontractors, vendors, & material suppliers
what are the consequences of not sending a preliminary 20 day notice to the owner?
can cause the subcontractors, vendors, or materials suppliers to use some or all of their lien rights
which parties are exempt from sending a preliminary 20 day notice to the owner?
architects & general contractors
because they have a direct contract with the owner
what 3 steps are involved in issuing a mechanic’s lien?
- serve notice of mechanics lien - must serve on the owner by registered mail prior to recording the lien
- record mechanics lien - at county recorder’s office in county where project is located
- enforce mechanics lien - file lawsuit within 90 calendar days from date of recording
what timeframes are important to be aware of regarding mechanics liens?
if a notice of completion or notice of cessation (work has formally stopped) is NOT filed by the owner, the lien filing period is 90 days from completion of construction
if a notice of completion or notice of cessation is filed, then the lien period is reduced to:
- 60 days for prime contractors
- 30 days for subcontractors
what role does the architect have during the close out process?
- issue certificate of substantial completion
- completes final walk through with owner & contractor
- issues final certificate for payment
- submit final architect’s invoice to owner
- assemble & file for future reference complete project & cost records for both construction & professional; services
what are the contractor’s responsibilities during close out?
- provides punch list
- submits warranties, maintenance contracts, & instructions to owner
- delivers replacement & maintenance stock of material as required to owner
- instructs owner in maintenance & operations
- clean-up construction debris
- submits final application for payment
- submits full lien releases
what duties must the owner complete during project close out?
- makes final payment to architect
- makes final payment to contractor
- files notice of completion
what timeframes are important to be aware of regarding mechanics liens?
if a notice of completion or notice of cessation (work has formally stopped) is NOT filed by the owner, the lien filing period is 90 days from completion of construction
if a notice of completion or notice of cessation is filed, then the lien period is reduced to:
- 60 days for prime contractors
- 30 days for subcontractors
why is filing a notice of completion advantageous to the owner?
reduces the period in which claimants can file a lien, thus reducing the owner’s window of liability
if a notice of completion or notice of cessation is filed, then the lien period is reduced to:
- 60 days for prime contractors
- 30 days for subcontractors
how are AIA contracts different than state law?
the AIA contracts are simply a form of agreement between 2 parties. the terms of the contract are agreed upon when signed by both parties.
state law comprises rules & regulations that each state adopts to govern within the individual states. AIA contracts must follow all local, state, & federal laws.
what is it called when the architect observes the project after completion?
post occupancy evaluation (POE)
consists of interviewing occupants & measuring use in certain spaces
what are methods the architect uses to conduct a post occupancy evaluation?
a POE usually involves gathering feedback from the building occupants through:
- surveys
- questionnaires
- interviews
- workshops
or more quantitative measures such as:
- cost analysis
- usage statistics
- temperature, air quality, or acoustical qualities
what is an express warranty?
a legally enforceable promise made by a manufacturer, subcontractor, or supplier
what are as-built drawings?
revised versions of the contract documents reflecting the changes made during construction
technically called “record drawings”
what is the significance of the date of substantial completion?
the official date, as certified by the architect, when the project is complete enough for the owner to occupy it. this is also the start date of the warranty & for the statute of limitations.
what is final completion?
when the project is fully completed in accordance w/ the terms & conditions of the contract documents
what is a release of lien?
a legal document signed by a supplier or subcontractor demonstrating that they have been paid for their materials or work put into the project. the release is so they can no longer file a mechanics lien against the property.
