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ARE 5.0 > AIA A201 > Flashcards

AIA A201 Flashcards

1
Q

What contract is the A201 an attachment to?

A

AIA A101

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2
Q

What is the A201

A

General Conditions of the Contract Agreement (A101)

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3
Q

What is excluded from the contract documents?

A
  1. Advertisement to bidders
  2. Instructions to bidders
  3. Sample forms
  4. Other information furnished by the owner
  5. Contractor bids/proposal
  6. Portions of addenda related to bidding requirements
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4
Q

What are included as Contract Documents?

A
  1. Agreement (A101)
  2. Conditions of the Contract (A201)
  3. Drawings
  4. Specifications
  5. Addenda issued prior to contract execution
  6. Other documents issued as modifications
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5
Q

The Work

A

All of the work in the scope of the project that is to completed by the contractor

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6
Q

The Project

A

Broader term than work - includes separate contractors or owner’s own forces

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7
Q

The Drawings

A

Drawings + Representations beyond paper form (addenda, change orders, construction change directives, RFI responses, etc)

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8
Q

The Specifications

A

MasterFormat Specs

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9
Q

Instruments of Service

A

Everything else that is handed over to the client - tangible & intangible work

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10
Q

Initial Decision Maker

A

The Architect, typ. The person to render initial decisions on Claims in accordance with 15.2

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11
Q

Means & Methods

A

How to carry out the work.

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12
Q

Notice

A

Must be provided in writing

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13
Q

Claim

A

Change order requests, claims that require more money or time

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14
Q

E203

A

Electronic Data Exhibit that is an amendment to the A201

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15
Q

Financial evidence

A

Owner’s evidence to the contractor that they have the means to pay for the work and fees. Required at start of project or if owner fails to make payment (or suspected they will fail to)

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16
Q

Who pays for and provides easement?

A

Owner

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17
Q

Who provides and pays for the survey

A

Owner

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18
Q

What happens when contractor fails to fix their work (not due to defect)

A

Owner to provide written notice to contractor to stop work until work is complete. Contractor responsible for delays

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19
Q

Days for contractor to reconcile stop work order from owner

A

10

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20
Q

Who is responsible for documents to comply to laws and statutes?

A

Architect

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21
Q

Does the contractor need to notify architect when something does not meet code?

A

Only if it is discovered. They do not need to seek out code compliance through the drawings

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22
Q

What happens if contractor does not perform site observation obligations?

A

They must pay damages to the owner if cost now exceeds the original cost for work to be completed

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23
Q

What does contractors warranty not include?

A

Remedy for defects caused by damage to the work or misuse that is not by the contractors doing

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24
Q

How long is typical contractor warranty?

A

1 year

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25
Q

How many days does the owner have to furnish requested information for contractor to enforce mechanics lien rights?

A

15 days

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26
Q

Mechanics Lien

A

Security interest in the title to property for parties who have supplied materials or labor to the property.

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27
Q

What happens if owner does not furnish financial evidence?

A

Contractor does not need to commence work until evidence is provided. Owner pays damages for delays.

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28
Q

Who furnishes survey?

A

Owner, contractor relies on accuracy of provided information.

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29
Q

Owner’s right to carry out the work

A

If the contractor neglects or fails to carry or work after 10 days of notice to complete the work, the owner may carry out their own work, remove from contractor pay, and potentially bill the contractor for the difference in cost.

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30
Q

Who’s acts and omissions is the contractor responsible for?

A

Contractor employees, subcontractors, their agents, and their employees.

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31
Q

What official documents allow for changes to the contract be made?

A

Change orders and construction change directives

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32
Q

What taxes does the contractor pay?

A

Sales, consumer, use and similar taxes for the work provided.

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33
Q

Who pays for and secures the building permit?

A

The contractor

34
Q

Who pays for permits, fees, licenses, and inspections required by government agencies?

A

The contractor

35
Q

How much notice does the contractor need to provide to owner & architect of material differences in the site conditions?

A

As promptly as possible but no later than 14 days after discovery

36
Q

What information should be inclued in allowance?

A

All costs to contractor

37
Q

Who has a chance to review the superintendent selection?

A

Architect & Owner. Architect may object or request more time to review within 14 days

38
Q

Are shop drawings, samples, and product data considered contract documents?

A

No.

39
Q

Contractor’s Overall Indemnification

A

Owner and architect are protected by the contractors work and also pulls the subcontractors up to the same level of the contractor.

40
Q

When does architect need to act as owner’s rep until?

A

Until architect issues final certificate for payment

41
Q

During construction, what must the architect notify the owner of?

A

Deviation from contract docs, deviation from construction schedule, and defects observed in the work.

42
Q

Certificate for payment

A

the amount of money approved for payment to subcontractor based on work completed on site.

43
Q

Change Orders

A

Architect prepares and issues to authorize minor changes in the work.

44
Q

Who inspects and determines substantial & final completion?

A

Architect

45
Q

How long does owner/architect have to reject subcontractor (or ask for more time)

A

14 days

46
Q

Subcontractor liability

A

Liability and protections match those of the contractor

47
Q

How many days of work suspension qualifies contractor for comp adjustement?

A

30 days

48
Q

How many days to give notice of injury damage caused by another party?

A

21 days after discovery

49
Q

How long after discovery of hazardous material on site should construction be stopped?

A

Immediately

50
Q

When hazmats are discovered on site, who must obtain lab testing services?

A

Owner

51
Q

Who is responsible for cost of remedying hazmats?

A

Owner

52
Q

What happens when there is an emergency that affects work?

A

Contractor can stop or slow construction without reprocussions. Owner must adjust contract sum if emergency was warranted.

53
Q

Surety Bonds

A

Guarantee by the bank to pay a party a certain amount if another party fails to meet a contractual obligation

54
Q

How many days for contractor to notify owner (or owner to notify contractor) of impending or actual expiration of insurance?

A

Within 3 days of discovery

55
Q

Subrogation

A

Substitution of one person for another.

56
Q

Who is responsible for distributing payment from insured loss on site?

A

The owner - they insure elements on site that might be used by the architect and contractor. The owner is paid and they must distribute accordingly.

57
Q

How many days does the contractor have to accept or reject a proposed insurance settlement

A

14 days

58
Q

Who owns the cost of uncovering and recovering work that was concealed and incorrect?

A

Contractor

59
Q

Who owns the cost of uncovering and recovering work that was concealed and correct?

A

Owner - contract sum and time to be adjusted

60
Q

Assignment

A

Assignor transfers the rights or benefits to another (assignee)

61
Q

Who pays for tests & inspections that were not originally part of the contract documents?

A

Owner, if tests/inspections are required after bid documents are received or negotiations concluded.

62
Q

Who is responsible for required test / inspections of THE WORK?

A

Contractor. If the work fails, it must be corrected by contractor’s expense.

63
Q

How many consecutive days after stopped work can the contractor terminate the contract for the following reasons:
- issuance of an order of the court
- government requirements
- architect has not issued certificate for payment
- owner has not paid or furnished evidence to contractor for payment

A

30 days

64
Q

How many total calendar days in a year of stopped work allows the contractor to terminate the contract.

A

120 out of 365 (if at no fault of the contractor)

65
Q

How many days of consecutive stopped work (for any reason other than contractor fault) can the contractor terminate contract?

A

60 days

66
Q

For what reasons can the owner terminate the contract (4)?

A
  1. Contractor repeatedly fails to supply enough properly skilled workers.
  2. Contractor fails to pay subs
  3. Contractor repeatedly disregards laws
  4. Contractor substantial breach of contract documents
67
Q

How much notice does owner need to give contractor when terminating employment?

A

7 days

68
Q

What can owner do after firing contractor? (3)

A
  1. Seize materials and tools on site
  2. Accept assignment of subcontracts
  3. Finish the work (contractor must pay)
69
Q

What must the owner do if contract is terminated for no fault of the contractor?

A

Pay for all work properly executed.

70
Q

When must claims be initiated?

A

Within 21 days after occurrence or discovery of claim

71
Q

What happens on site when a claim is pending?

A

Work must continue

72
Q

How many days before the initial decision must be accepted/declined prior to seeking mediation?

A

30 days

73
Q

How many days does the IDM have to make a decision on a claim?

A

10 days

74
Q

Is the inital decision binding?

A

Yes but it can be subject to mediation if parties still do not agree.

75
Q

After a mediation request is filed (to other party), how many days does the other party have to agree to enter into mediation?

A

30 days

76
Q

When does dispute resolution happen?

A

After mediation request stays pending for 60 days OR within 30 days of unsuccessful mediation.

77
Q

Who pays mediator fees?

A

Both parties split the cost

78
Q

When is a demand for arbitration filed?

A

No earlier than concurrently with the filing for mediation.

79
Q

What is a joinder?

A

Consolidation of arbitration by pulling additional people into the arbitration

80
Q
A

ARE 5.0 (10 decks)

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