AIA A201 Flashcards
What contract is the A201 an attachment to?
AIA A101
What is the A201
General Conditions of the Contract Agreement (A101)
What is excluded from the contract documents?
- Advertisement to bidders
- Instructions to bidders
- Sample forms
- Other information furnished by the owner
- Contractor bids/proposal
- Portions of addenda related to bidding requirements
What are included as Contract Documents?
- Agreement (A101)
- Conditions of the Contract (A201)
- Drawings
- Specifications
- Addenda issued prior to contract execution
- Other documents issued as modifications
The Work
All of the work in the scope of the project that is to completed by the contractor
The Project
Broader term than work - includes separate contractors or owner’s own forces
The Drawings
Drawings + Representations beyond paper form (addenda, change orders, construction change directives, RFI responses, etc)
The Specifications
MasterFormat Specs
Instruments of Service
Everything else that is handed over to the client - tangible & intangible work
Initial Decision Maker
The Architect, typ. The person to render initial decisions on Claims in accordance with 15.2
Means & Methods
How to carry out the work.
Notice
Must be provided in writing
Claim
Change order requests, claims that require more money or time
E203
Electronic Data Exhibit that is an amendment to the A201
Financial evidence
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)
Who pays for and provides easement?
Owner
Who provides and pays for the survey
Owner
What happens when contractor fails to fix their work (not due to defect)
Owner to provide written notice to contractor to stop work until work is complete. Contractor responsible for delays
Days for contractor to reconcile stop work order from owner
10
Who is responsible for documents to comply to laws and statutes?
Architect
Does the contractor need to notify architect when something does not meet code?
Only if it is discovered. They do not need to seek out code compliance through the drawings
What happens if contractor does not perform site observation obligations?
They must pay damages to the owner if cost now exceeds the original cost for work to be completed
What does contractors warranty not include?
Remedy for defects caused by damage to the work or misuse that is not by the contractors doing
How long is typical contractor warranty?
1 year
How many days does the owner have to furnish requested information for contractor to enforce mechanics lien rights?
15 days
Mechanics Lien
Security interest in the title to property for parties who have supplied materials or labor to the property.
What happens if owner does not furnish financial evidence?
Contractor does not need to commence work until evidence is provided. Owner pays damages for delays.
Who furnishes survey?
Owner, contractor relies on accuracy of provided information.
Owner’s right to carry out the work
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.
Who’s acts and omissions is the contractor responsible for?
Contractor employees, subcontractors, their agents, and their employees.
What official documents allow for changes to the contract be made?
Change orders and construction change directives
What taxes does the contractor pay?
Sales, consumer, use and similar taxes for the work provided.
Who pays for and secures the building permit?
The contractor
Who pays for permits, fees, licenses, and inspections required by government agencies?
The contractor
How much notice does the contractor need to provide to owner & architect of material differences in the site conditions?
As promptly as possible but no later than 14 days after discovery
What information should be inclued in allowance?
All costs to contractor
Who has a chance to review the superintendent selection?
Architect & Owner. Architect may object or request more time to review within 14 days
Are shop drawings, samples, and product data considered contract documents?
No.
Contractor’s Overall Indemnification
Owner and architect are protected by the contractors work and also pulls the subcontractors up to the same level of the contractor.
When does architect need to act as owner’s rep until?
Until architect issues final certificate for payment
During construction, what must the architect notify the owner of?
Deviation from contract docs, deviation from construction schedule, and defects observed in the work.
Certificate for payment
the amount of money approved for payment to subcontractor based on work completed on site.
Change Orders
Architect prepares and issues to authorize minor changes in the work.
Who inspects and determines substantial & final completion?
Architect
How long does owner/architect have to reject subcontractor (or ask for more time)
14 days
Subcontractor liability
Liability and protections match those of the contractor
How many days of work suspension qualifies contractor for comp adjustement?
30 days
How many days to give notice of injury damage caused by another party?
21 days after discovery
How long after discovery of hazardous material on site should construction be stopped?
Immediately
When hazmats are discovered on site, who must obtain lab testing services?
Owner
Who is responsible for cost of remedying hazmats?
Owner
What happens when there is an emergency that affects work?
Contractor can stop or slow construction without reprocussions. Owner must adjust contract sum if emergency was warranted.
Surety Bonds
Guarantee by the bank to pay a party a certain amount if another party fails to meet a contractual obligation
How many days for contractor to notify owner (or owner to notify contractor) of impending or actual expiration of insurance?
Within 3 days of discovery
Subrogation
Substitution of one person for another.
Who is responsible for distributing payment from insured loss on site?
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.
How many days does the contractor have to accept or reject a proposed insurance settlement
14 days
Who owns the cost of uncovering and recovering work that was concealed and incorrect?
Contractor
Who owns the cost of uncovering and recovering work that was concealed and correct?
Owner - contract sum and time to be adjusted
Assignment
Assignor transfers the rights or benefits to another (assignee)
Who pays for tests & inspections that were not originally part of the contract documents?
Owner, if tests/inspections are required after bid documents are received or negotiations concluded.
Who is responsible for required test / inspections of THE WORK?
Contractor. If the work fails, it must be corrected by contractor’s expense.
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
30 days
How many total calendar days in a year of stopped work allows the contractor to terminate the contract.
120 out of 365 (if at no fault of the contractor)
How many days of consecutive stopped work (for any reason other than contractor fault) can the contractor terminate contract?
60 days
For what reasons can the owner terminate the contract (4)?
- Contractor repeatedly fails to supply enough properly skilled workers.
- Contractor fails to pay subs
- Contractor repeatedly disregards laws
- Contractor substantial breach of contract documents
How much notice does owner need to give contractor when terminating employment?
7 days
What can owner do after firing contractor? (3)
- Seize materials and tools on site
- Accept assignment of subcontracts
- Finish the work (contractor must pay)
What must the owner do if contract is terminated for no fault of the contractor?
Pay for all work properly executed.
When must claims be initiated?
Within 21 days after occurrence or discovery of claim
What happens on site when a claim is pending?
Work must continue
How many days before the initial decision must be accepted/declined prior to seeking mediation?
30 days
How many days does the IDM have to make a decision on a claim?
10 days
Is the inital decision binding?
Yes but it can be subject to mediation if parties still do not agree.
After a mediation request is filed (to other party), how many days does the other party have to agree to enter into mediation?
30 days
When does dispute resolution happen?
After mediation request stays pending for 60 days OR within 30 days of unsuccessful mediation.
Who pays mediator fees?
Both parties split the cost
When is a demand for arbitration filed?
No earlier than concurrently with the filing for mediation.
What is a joinder?
Consolidation of arbitration by pulling additional people into the arbitration
