AIA Contracts Flashcards
AIA B101
Obliges that the architect has to be on time and under budget (or no more than 10% over
To get a cost estimate after SD DD and CD
excuses the architect from mistakes associated with work by consultants hired by the owner
Obliges the architect to visit the site one year after substantial completion
Owner can fire the architect for convenience
claims must be brought before 10 years
Allows for liquidated damages if there is a claim
What types of insurance does B101 typically require?
Automotive liability insurance
- Among the biggest risk for firms, owner may require firm to have this, extends to personal cars and taxis
professional liability insurance
Errors and omissions insurance
- Provides protection if someone accuses you of not doing your job correctly
- Violation of ADA, OSHA, fair housing
general liability insurance
- Basic insurance that covers property damage and injury claims against the firm
- Covers both legit claims and fraudulent ones
- Usually have dollar limits on claims or an aggregate limit
workers compensation insurance
- Provides wage replacement and medical care cost
- Employees waive the right to sue the firm
what does general liability insurance cover?
Basic insurance that covers property damage and injury claims against the firm
Covers both legit claims and fraudulent ones
Usually have dollar limits on claims or an aggregate limit
what does professional liability insurance cover?
Errors and omissions insurance
Provides protection if someone accuses you of not doing your job correctly
Violation of ADA, OSHA, fair housing
what choice does the contract give architect & owners for conflict resolution? and when is the decision made?
mediation then arbitration or mediation then litigation
what are the architectural basic services in B101?
submit a schedule, meet code, facilitate bidding, certifies payment to contractor, reviews contractor submittals, considers sustainability
what constitutes an additional service for the architect?
everything beyond a single drawing set with MEP & Structural
what is the owner responsible for?
geotech engineer, everything site and permit related, coordination of their own consultants
who owns the drawings?
architect and consultants
when can the architect terminate?
if the owner doesn’t pay the architect or suspends the project for 90 days
when does the contract automatically terminate?
1 year after substantial completion
when does the architect have to get a cost estimate?
after SD DD and CD
does the architect have to return to the site once the building is built?
1 year after substantial completion
how long does the owner or architect have to bring claims?
10 years
what if the bidding phase doesn’t start within 90 days after CDs?
the owner’s budget is to be adjusted to reflect changes in costs for construction
what does the architect do if the project phase is delayed past substantial completion?
ask for additional services
what are the steps when the architect is identified of a change that will affect cost or schedule?
adjust the work plan, explain the facts and circumstances to the owner, and send a change order for approval in writing
AIA B101 4.2.1. “Upon recognizing the need to perform the following additional services, the architect shall notify the owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The Architect shall not proceed to provide the following additional services until the architect receives the owner’s written authorization.
what should the architect do if they notice unsafe site conditions?
notify the contractor
what are liquidated damages? are they allowed in A101 or B101?
per-day penalty for a delayed construction project completion, agreed upon at the beginning (A101 allows for this, B101 states that the owner cannot deduct or withhold any amount of money from the architects compensation as a penalty or liquidated damages without the architects agreement)
what are consequential damages? are they allowed in A101 or B101?
estimated cost of lost owner profit due to project delays (AIA prohibits all parties from this)
what is the first step if the owner and contractor have a disagreement?
the initial decision maker
which is default the architect if not one else is specified
what constitutes the contract documents?
Agreements outlined in A101, Conditions of the contract (General, Supplementary, and other), Drawings, Specifications, Addenda (Issued prior to the execution of this agreement), Other documents listed in A101, and modifications issued after the agreements in A101.
when does the contractor’s warranty or continuing warranty end?
12 months after substantial completion, unless otherwise specified
when is a project late?
when substantial completion is late
who certifies substantial completion?
the architect
when is retainage paid?
when substantial completion certificate is awarded
what does A101 outline as the method for the contractor getting paid?
an application of payment is made by the contractor and given to the architect. the architect then issues a certificate for payment to the owner if he finds the work to be in line with the contract documents
what is the period covered for each application for payment according to document A101
one calendar month ending on the last day of the month unless otherwise specified
when is the final payment to the contractor made and what does it include?
the final payment constitutes the entre contract sum as is made by the owner to the contractor when the contractor has fully performed the responsibilities outlines in the contract (does not include correction of work or work not outlines in the contract), and a final certificate for payment has been issues by the architect
owner must pay within 30 days
G Series in AIA Contracts
Change Orders, Application for Payment, Continuation Sheet, Certificate of Substantial Completion, RFI
The General Conditions of the Contract for Construction require the contractor’s insurance policy to cover:
Damages related to vehicles
Damages due to bodily injury from falling material on site
Bodily injury or property damage after the contractor has left the site
Workers’ compensation
