AIA Contracts

Question 1

AIA B101

Answer 1

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

Question 2

What types of insurance does B101 typically require?

Answer 2

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

Question 3

what does general liability insurance cover?

Answer 3

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

Question 4

what does professional liability insurance cover?

Answer 4

Errors and omissions insurance
Provides protection if someone accuses you of not doing your job correctly
Violation of ADA, OSHA, fair housing

Question 5

what choice does the contract give architect & owners for conflict resolution? and when is the decision made?

Answer 5

mediation then arbitration or mediation then litigation

Question 6

what are the architectural basic services in B101?

Answer 6

submit a schedule, meet code, facilitate bidding, certifies payment to contractor, reviews contractor submittals, considers sustainability

Question 7

what constitutes an additional service for the architect?

Answer 7

everything beyond a single drawing set with MEP & Structural

Question 8

what is the owner responsible for?

Answer 8

geotech engineer, everything site and permit related, coordination of their own consultants

Question 9

who owns the drawings?

Answer 9

architect and consultants

Question 10

when can the architect terminate?

Answer 10

if the owner doesn’t pay the architect or suspends the project for 90 days

Question 11

when does the contract automatically terminate?

Answer 11

1 year after substantial completion

Question 12

when does the architect have to get a cost estimate?

Answer 12

after SD DD and CD

Question 13

does the architect have to return to the site once the building is built?

Answer 13

1 year after substantial completion

Question 14

how long does the owner or architect have to bring claims?

Answer 14

10 years

Question 15

what if the bidding phase doesn’t start within 90 days after CDs?

Answer 15

the owner’s budget is to be adjusted to reflect changes in costs for construction

Question 16

what does the architect do if the project phase is delayed past substantial completion?

Answer 16

ask for additional services

Question 17

what are the steps when the architect is identified of a change that will affect cost or schedule?

Answer 17

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.

Question 18

what should the architect do if they notice unsafe site conditions?

Answer 18

notify the contractor

Question 19

what are liquidated damages? are they allowed in A101 or B101?

Answer 19

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)

Question 20

what are consequential damages? are they allowed in A101 or B101?

Answer 20

estimated cost of lost owner profit due to project delays (AIA prohibits all parties from this)

Question 21

what is the first step if the owner and contractor have a disagreement?

Answer 21

the initial decision maker
which is default the architect if not one else is specified

Question 22

what constitutes the contract documents?

Answer 22

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.

Question 23

when does the contractor’s warranty or continuing warranty end?

Answer 23

12 months after substantial completion, unless otherwise specified

Question 24

when is a project late?

Answer 24

when substantial completion is late

Question 25

who certifies substantial completion?

Answer 25

the architect

Question 26

when is retainage paid?

Answer 26

when substantial completion certificate is awarded

Question 27

what does A101 outline as the method for the contractor getting paid?

Answer 27

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

Question 28

what is the period covered for each application for payment according to document A101

Answer 28

one calendar month ending on the last day of the month unless otherwise specified

Question 29

when is the final payment to the contractor made and what does it include?

Answer 29

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

Question 30

G Series in AIA Contracts

Answer 30

Change Orders, Application for Payment, Continuation Sheet, Certificate of Substantial Completion, RFI

Question 31

The General Conditions of the Contract for Construction require the contractor’s insurance policy to cover:

Answer 31

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