A201 Flashcards
A201 is over ___ yrs old.
100
A201_
General Conditions for Design Bid Build
A201 outlines responsibilities of the
Owner Contractor Architect
A201 focus’s on the
best interest of the Project
IDM
Initial Decision Maker
C + O can identify an IDM other than the architect in
A10_ Series
A101
O / C (stipulated sum)
A102
O / C (cost plus fee, w/ GMP)
A103
O / C (cost plus fee, w/o GMP)
A401
C / Sub
B101
O / A
B103
O / A for large complicated projects
C401
A / A’s Consultant (can be used in any family)
G series
processing payments to C, and formalizing changes
Document Family
relates to a particular delivery method
no direct contractual relationship between
A / C
Work (capitalized) refers to
C’s obligations
Project (capitalized) refers to
C / Subs / O / A obligations
A’s relationship to documents
owner
O’s relationship to documents
limited license
E201
Digital Data Protocol Exhibit
C has right to stop work if
O fails to provide reasonable evidence of ability to make payment
qualifies as payment evidence for O
loan commitment letter
provides survey of site
O
upon receipt of written notice of nonconforming work from O
C has 10 days to begin + continue corrections
change order can be issued to cover cost of non-conforming work
including A’s additional services in this regard
C’s prompt notice of Errors/Omissions is req’d or
C takes on liability for remediation costs
If A’s documents specify construction process
C still takes on liability for job-site safety, unless written notice of safety concern
C’s warranty
through statue of limitations/repose, which ever shorter
approvals and permits obtained before contract
paid by O (zoning, enviro. impact)
after first observing physical differences at site from contract documents, C has
21 days to alert A
C must submit qualifications of
superintendant to A / O, 14 days to review and object.
construction schedule is supplied to O / A for
information, not approval. b/c C is solely responsible for sequence / progress of Work
C supplies A for approval before commencement
Submittal Schedule
maintains documents @ site w/ current field changes
C, and supplies to A @ completion for asbuilt
C submitting shops to O / A
constitutes approval
Prescriptive Specification
look up
Performance Specification
look up
Indemnification
look up
O may allocate design services to C (ex. sprinkler)
to C’s licensed design professional (for $ efficiency)
royalty and license fees
are included in the contract sum, C’s responsibility
correction period
1 year from substantial completion
A not to give instruction to
C’s employees @ site
A may _____ work
reject
O may _____ work
stop
Shop drawings, Product data, Samples are
not contract documents
B 352
Duties, Responsibilities and Limitations of Authority of the Architect’s Project Rep
C’s relationship to those employed under Sub’s
Indirect Contract
Incase of C default, O may accept
- assignment of subs
- pay amounts past due
- can pass subs to next contractor
- but O retains payment obligations
Construction Change Directive
O + A
used in absence of total agreement
contractor must perform work
owner must pay
When a final sum of CCD is agreed
must be filed as a Change Order
A defines rental values of C owner equipement in contract docs
in order to prepare a cost for CCD incase C will not
G 710
Architects Supplemental Instructions
Minor Changes
- consistent with design intent
2. no change to time/$
Contact time is
Agreement through Substantial Completion
Dote of Commencement
determined in Agreement, not actual start of construction
“time is of the essence”
delay is a breach of contract
Schedule of Values
- stipulated sum or GMP
- C submits to A breakdown of $ values per phase
- G703 Continuation Sheet
G 703
used to document SoV
Retainage located in documents
O / C agreement or Supplementary Conditions
G702
Application + Certification of Payment
Application for Payment: A has 3 options
- certify and forward to O
- certify lesser amount and forward to O
- reject w/ written reasoning
Architect may withhold Certificate of Payment
to compensate for a previous payment subsequently found to be in error
Joint Check
C + Sub must both be present to deposit
C submits app for payment no later than
10 days before the payment date is due
A takes action on Certificate for Payment within
7 days
If C will not be paying a Sub
$ must return to owner
Sub can contact A directly to get info on
payments made from O to C
O may ask C for verification of
Sub payment, and then is allowed to go directly to Sub
After seven days past payment date, C may after 7 additional days
stop work
Necessary for C to submit before site visit for substantial completion
Punch list, which architect will supplement at visit
If process of substantial completion repeats too many times
A is entitled to $ from O, who may in-turn seek from C
A prepares certificate of substantial completion w/
final punch list attached
Retainage is released at substantial completion, except for
work not yet complete
In order for “Partial Occupancy”
C / O must make a separate agreement,
and Property Insurer must consent
There is a final Certificate of Payment, but no
certificate of final completion, b/c warranty means project is still ongoing for yr.
To receive Final Certificate of Payment, C must show
- affidavit that all debts have been satisfied
- certificate of insurance
- written statement by C that insurance will continue
- consent of surety to final payment
G706
Contractors Affidavit of Payment of Debt’s and Claims
G706A
Contractors Affidavit of Release of Liens
G707
Consent of Surety Company to Final Payment
If final completion is delayed through no fault of C
final payments for works complete can be made w/ written concent of Surety
After final completion & payment, right rest with
O still, b/c warranty period
responsible for job site safety
superintendant
C shall notify O / A immediately if Haz Mat’s found at site and
- stop work in that area immediately
- O gets licensed laboratory, and must fix
- C not obliged to perform, but may through change order
C has authority to act w/o prior authorization
during an emergency
G 612
Owners Instructions Regarding Insurance & Bonds
C’s insurance must cover
- workers comp
- workers comp for others than employees
- personal injury coverage (vs. bodily injury)
- bodily injury or property damage (after completion)
Limits of liability is max value between
law and contract, whichever is higher
certificate of Insurance must not expire until
30 days after written notice to O, and O must have ability to renew
General Aggregate
the max payout for multiple loses
C will add O / A / A’s consultants to
Commercial Liability Coverage (so save $ for all parties, by condensing legal fees to one policy)
O needs this insurance
- Owners Usual Liability Insurance
- Boiler & Machinery Insurance
- Loss of Use Insurance
Property Insurance held by
- O
- whole cost, no deductibles
- until final payment
- “all risk” vs “named risk” ex. property floor insurance
- covers parts of work off site
Subrogation
the assumption by a third party of another’s legal right to collect a debt
Indemnification
to protect someone by promising to pay for the cost of future damages
Performance Bond
guarantees satisfactory completion of a project
Payment Bond
guarantees subs and material suppliers will be paid
Uncovering of Work
- A writes list of req’d inspections
- C covers up after written
- C must uncover @ C’s cost
- O pays cost, not A, if a later request
correction of work after substantial completion
- 1 yr after substantial completion
- C must fix works to meet contract docs
- after yr anyone can do work, and O can pursue C for $
- work begun after substantial completion will have 1 year from that date, extending for those items only.
Accepting non-conforming work
only the O can, b/c it reflects a change in the contract
Performance tests
C cannot conduct own tests, and often not hire tester
Interest rate specification
O / C forms have a place where interest rates can be agreed on
Limit on claims
not more than 10 yrs after substantial completion
C may terminate contract if work is stopped
- 30 consecutive days, by no fault of it’s own
- wait an additional 30 days if b/c non payment
- C must give 7 days written notice to O/A
O may terminate C if
- repeatedly not enough skilled workers @ site
- no payment to subs
- repeatedly breaks laws / code
- substantially breaches contract
Steps for O to terminate C
goes to IDM, + 7 days written notice
after any rights of C’s surety, O may:
1. take possession of materials / equip/ tools of C
2. accept assignment of Subs
3. finish work reasonable expedient. O provides C with costs accounting.
4. C gets no $ until work is finished
(A then certifies cost and see’s who owes who)
Suspension by the O for convenience
- O may w/o cause, in writing
- Contract Sum + Time will adjust and include profit
Termination by the Owner for Convenience, C must
- cease
- take action to protect and preserve work
- terminate subcontracts / orders
Note: C may be entitled to profit for work not performed.
Claims must be filed
in writing 21 days after occurrence/noticed
for a change order based on weather delay
conditions must be documented as unusual for time/location
ex. by NOAA National Oceanic + Atmospheric Assoc.
C + O waive consequential damages to
- only liable to direct damages
- may encourage settlement
IDM days to response to claim, and course of actions
10 days to respond to claim:
- seek more data
- reject in whole/ part
- approve
- suggest compromise
- decides it inappropriate for IDM to resolve
C / O has ___ days to provide response to IDM’s decision
10 days, A then must accept or reject
Initial desicion is
final and binding, but subject to mediation
C or O, w/in ___ days of claim decision from IDM
30 days, must demand in writing for
mediation set within
60 days of initial decision
Mediation
assisted negotiation
fees + location for mediation
- shared equally between C / O
- located where project is taking place
