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CSE jim > AIA contracts, A201 > Flashcards

AIA contracts, A201 Flashcards

1
Q

General Provisions:

Where does this show up in the AIA docs?

What are some examples?

A

General Provisions:
A201

  1. definition (ref’d from all other docs)
  2. BIM and digital date use “rules”
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2
Q

Owner:

Where does this show up in the AIA docs?

What is req’d of owner on A201?

What are owners rights in A201?

A

General Provisions:
A201

owner shall provide:
1. before construction: Evidence of finance to GC

  1. during construction. $ evidence if owner did not pay or contractor has reason to believe they cant. must provide in 14 days or can stop work
  2. Have an Architect
  3. Survey
  4. 1 copy contract docs

Owner rights:

  1. Stop the work
  2. Carry out the work (after 10 days of notice to GC that they are not preforming)
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3
Q

Permits, fees, notice, and compliance with laws:

Where does this show up in the AIA docs?

List?

A

Permits, fees, notice, and compliance with laws:
A201

  1. GC pays for permits, power, inspections, etc after bid is accepted (expect special inspections
  2. GC not responsible for knowing all the codes but they are responsible for the cost to fix if they build something they knew is not code…required to notify the architect instead of just built it.
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4
Q

Concealed or unknown conditions:

Where does this show up in the AIA docs?

List?

A

Concealed or unknown conditions:
A201

  1. GC must report concealed site contion 14 max after seeing. Arch will add time/$ if needed
  2. GC stop work in area of Human remains. work on other areas.
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5
Q

Superintendent & Subcontractors

Where does this show up in the AIA docs?

List?

A

Superintendent:
A201

-GC must notify Arch and Owner who have 14 days to reject if they want.

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6
Q

Submittals and Shop drawings:

Where does this show up in the AIA docs?

List?

A

Submittals and Shop drawings:
A201

  1. GC provides submittal schedule. otherwise they can not get $/time for “late submittals”
  2. GC is responsible for building per shop drawings/submittals that do not comply with the construction docs even if architect approved the submittal…..unless the GC specifically in writing pointed out the deviation and the architect has given specific written approval of the deviation.
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7
Q

Contractor indemnification:

Where does this show up in the AIA docs

A

Contractor indemnification:
A201, Contractor

Indemnifies Owner/Arch from contractors (or subs) negligent acts that damage property

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8
Q

Architects duties per A201?

4 hard ones?

1 typical one?

A
  1. Administer contract
  2. Inform owner of deviations
  3. Issue Certificates of Payment
  4. Aesthetic final word
  5. All the other typical, RFI, Submittal, issue change orders etc
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9
Q

Mutual responsibility:

Where does this show up in the AIA docs?

Main idea?

A

Mutual responsibility:
A201

GC shares site and schedule as needed with other contractors.

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10
Q

Which AIA contract deals with the following:

  • Change order
  • Construction change directives
  • ASI
A

A201 goes into details of these.

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11
Q

Pay app:

Which AIA contract goes into detail.

what is the order/timing of procedures? 4

A

Pay app:
A201

  1. 10 days before due GC give to Arch
  2. Arch has 7 days to issue, (part, full, or none)
  3. Owner has last days to pay
  4. GC has 7 days to pay subs
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12
Q

Pay app:

Which AIA contract is this in?

Reasons to withhold payment

A

Pay app reasons to withhold payment:
A201

  1. not paying subs
  2. work not done
  3. evidence work will not be completed
  4. evidence work will not be completed on time and will result in liquidated damages due to delay
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13
Q

Pay app payment failure:

Which AIA contract is this in?

three steps/ timing of contractor procedures after not getting payment on time?

A

Pay app payment failure:
A201

  1. Owners payment is more than 7 days late
  2. GC give 7 days notice then stops work
  3. shut down/ start up plus time change order needed to resume.
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14
Q

When is retainage paid?

A

Per 201 substantial completion section

retainage for work done so far will be paid after certificate of substantial completion

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15
Q

Final Payment for construction

Which AIA contract is this in?

What conditions must be met? 7

A

Final Payment for construction
A201

  1. Arch issues Cert of Final Completion
  2. GC affidavit that everyone has been paid
  3. insurance cert. the stays in effect and written statement that GC sees no reason it will not stay in effect.
  4. Surety approval to pay
  5. Warranty info
  6. release of leins receipts
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16
Q

Who is responsible for dealing with leins if the owner has paid the pay app in full?

A

GC…assuming it is work that was included in the pay app. GC can use a bond to pay if needed to release the lein.

17
Q

What constitutes a waiver of claims by the Payee per A201

A

Acceptance of final payment.

18
Q

Time frame of reporting injury to person or property per A201

A

21 days after discovery

19
Q

Contractor responsibility after finding hazardous material NOT addressed in construction docs

A
  1. Stop work in area

2. immediately tell owner and arch

20
Q

Waivers of subrogation:

Where does this appear in AIA docs?

What does it cover?

A

Waivers of subrogation:
A201

  1. fire or other causes of loss or damage paid by insurance (cant go after other party if insurance covered you)
21
Q

Loss of use to to fire or other hazards

Where does this appear in AIA docs?

What does it cover?

A

Loss of use to to fire or other hazards:
A201

owner waives claims against lose of use damages agains GC/Arch regardless of how fire/hardard cause. (owner could buy insurance for this)

22
Q

Correction to work (before substantial completion)

Where does this appear in AIA docs

  1. Who pay for non-conforming rejected work?
  2. Who pays for architects time to correct?
  3. Who pays for test etc needed due to rework?
A

Correction to work (before substantial completion)
A201

  1. Contractor
  2. Contractor
  3. Contractor
23
Q

Correction of work (after substantial completion)

Where does this appear in AIA docs

  1. How long does owner have to force GC to fix non-conforming work that is discovered
  2. What if owner accepts non-conforming work that is less expensive than original work but final payment has already been made?
A

Correction of work (after substantial completion)
A201

  1. 1 year for substantial completion (or 1yr from time work was preformed after substantial completion)
  2. Contract sum is still adjusted.
24
Q

Test and Inspections

Where does this appear in AIA docs

  1. Who pays for test/inspection included in bid docs
  2. Who pays for test/inspection add/discovered after bid?
  3. Who pays for test required to be paid for by owner?
A

Test and Inspections
A201

  1. GC
  2. Owner
  3. Owner
25
Q

Termination of GC contract:

Where does this appear in AIA docs?

Conditions for GC to terminate contract? 3

How much notice does GC need to give?

How is the GC paid in these cases?

A

Termination of GC contract:
A201

  1. 60 consecutive day stoppage
  2. 30 consecutive day stoppage for the following
    a. AHJ/court/ Gov stop (bld dpt or ntl emergency)
    b. Not paid/ cert of payment delay
    c. Owner has not provided requested financial evidence (so GC stops work)
  3. 100% day overrun or 120 out of 365 day delay (which ever less) -7 days notice…get paid on work done plus overhead and profit for work not done.
    - 7 days notice
    - Get paid on work done plus overhead and profit for work NOT done.
26
Q

Termination of GC contract:

Where does this appear in AIA docs?

  • Conditions for Owner to terminate contract for cause?
  • how much notice does the owner gie
  • how is GC paid in this situation?
A

Termination of GC contract:
A201

Termination for cause:

  1. does not provide enough workers
  2. does not pay subs
  3. breaks laws/breach contract

-7 days notice (locks out and takes stuff including equipment)

-Payment stop, owner finishes job with another
GC. If contract money is left it goes to original GC. If project costs (including architects time) run over due to replacement than original GC owes owner.

27
Q

Termination of GC contract:

Where does this appear in AIA docs?

-how is GC paid if owner termination of contract for convenience?

A

Termination of GC contract:
A201

Termination for convenience:

  1. work done
  2. termination fee
28
Q

Termination of GC contract:

Where does this appear in AIA docs?

-how is GC paid if owner suspends contract for convenience?

A

Termination of GC contract:
A201

Suspension for convenience:

  1. work done
  2. time delay costs
29
Q

Time and Limit of Claims:

Where does this appear in AIA docs?

  1. how many years after what milestone until Owner/Contractor waive claims against each other?
  2. how many days to make claim
  3. how is claim made
A

Time and Limit of Claims:
A201

  1. 10 years after substantial completion
  2. within 21 days of discovering
  3. written statement to initial decision maker
30
Q

GC/Owner Waiver of consequential damages:

Where does this appear in AIA docs?

What is included?

A

GC/Owner Waiver of consequential damages:
A201

GC? owner waive consequential damages for loss of use/rent etc, and extra office expenses etc.

31
Q

GC/Onwer claims and disputes:

Where does this appear in AIA docs?

What is the process/time line?

Where does mediation/arbitration occur?

A

GC/Onwer claims disputes:
A201

  1. 21 days to send written notice to initial decision maker
  2. 10 day to review claim
    a. request info
    b. reject claim
    c. accept claim
    d. offer compromise
    e. step out of issue if not qualified
  3. 30 days after filing no decision = on to mediation with no decision
  4. 60 after mediation with no decision = arbitration (60 days can be delayed if everyone agrees but can not happen sooner…cooling off etc)
    - mediation/arbitration occur at site unless spec otherwise.
32
Q

GC indemnification

A

indemnify Arch and Owner against contractors neglect acts

33
Q
  1. Owner prov $ GC during CO:
  2. GC report concealed or unknown site stuff:
  3. report injury or property damage:
  4. Days to make a claim:
  5. arch/owner reject super or subs:
  6. GC gives pay app to Arch:
  7. Arch days to review pay app:
  8. Owner to pay GC:
  9. GC to pay subs:
  10. Consecutive Hold days for GC to terminate:

11, consecutive GC hold days for GC to terminate:

  1. Consecutive Hold days for Arch to terminate:
  2. Day notice give to stop work:
  3. Mediation days:
  4. Day of Initial decision make dispute resolution before mediation:
  5. days after substantial completion before Arch ADD service kicks in:
  6. Arch contract terminates how many days after substantial completion:
  7. Arch CO Phase ends when:
  8. timing of design prof lein filing:
  9. days to enforce a filed lien or stop notice (all types):
  10. days to give lien rights to owner:
  11. impact of notice of completion/ cessation:
  12. notice of completion filing and notice to contractor after bld is actual complete:
  13. Day of no more for project completion:
  14. Days of no work for project cessation:
A
  1. Owner prov $ GC during CO: 14
    (than GC can stop right away…not notice)
  2. GC report concealed or unknown site stuff: 14 days
  3. report injury or property damage: 21 days
  4. Days to make a claim: 21 days
  5. arch/owner reject super or subs: 14 days
  6. GC gives pay app to Arch: 10 days before
  7. Arch days to review pay app: 7 days
  8. Owner to pay GC: 7 days
  9. GC to pay subs: 7 days after getting payed
  10. Consecutive Hold days for GC to terminate: 60

11, consecutive GC hold days for GC to terminate: 30

  1. Consecutive Hold days for Arch to terminate: 90
  2. Day notice give to stop work: 7
    (except when ower does not give financial proof with 14 days then the GC can stop right away IF CO has begun..otheerwise CO just gets extended)
  3. Mediation days: 60 min
  4. Day of Initial decision make dispute resolution before mediation: 30 from start if no decision or 30 from decision
  5. days after substantial completion before Arch ADD service kicks in: 60 days
  6. Arch contract terminates how many days after substantial completion: 1yr
  7. Arch CO Phase ends when: giving owner final certificate of payment.
  8. timing of design prof lein filing: 10 days after owner demand letter but no more than 90 days after believing project will not go forward
  9. days to enforce a filed lien or stop notice (all types): 90
  10. days to give lien rights to owner: 20 days max after providing goods or services (for mech lien and stop notice, subs only)
  11. impact of notice of completion/ cessation: 90 days down to 60/30
  12. notice of completion filing and notice to contractor after bld is actual complete: 15 days max
  13. Day of no more for project completion: 60
  14. Days of no work for project cessation: 30

CSE jim (34 decks)

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