C4-KS47

Question 1

Per The B101, Who is primarily responsible for pulling a building permit for a project?

Answer 1

The owner

Question 2

Who is the initial decision maker when conflicts occur between owner and contractor?

Answer 2

Architect

Question 3

Information and Services Requested of the Owner

At what point during a project may the Contractor request the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill Owner’s obligations under the Contract.

Answer 3

Before commencing work

Afterwards, the Contractor may only request evidence when:

• Owner fails to make payments to the Contractor.
• Change in Work that changes the Contract Sum.
• Contractor identifies in writing reasonable concern regarding Owner’s ability to fulfill obligations under the Contract.

Question 4

Under the general conditions, what information and services is the owner responsible for?

Answer 4

• Except for permits and fees that are the responsibility of the Contractor under the Contract
• Documents, including Section 3.7.1, the Owner shall pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures, or changes in existing facilities

-Owner shall furnish surveys, legal limitations and utility locations and a legal description. The
Contractor shall be entitled to rely on the accuracy of information furnished by the Owner.

-The Owner shall furnish information or services required by the Contract Documents.

Question 5

Owner’s Right To Stop Work

If Contractor fails to correct Work that is not in accordance to the Contract Documents or repeatedly fails to carry out the Work, the Owner may…

Answer 5

… issue written order to stop the Work until the cause of the order has been eliminated.

Question 6

Owner’s Right To Carry Out The Work

If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a 10 day period after written notice from Owner to continue the Work, the Owner may …

Answer 6

…correct such deficiencies.

A Change Order will be issued deducting from payments due the Contractor the reasonable cost of correcting the Work including Owner’s expense and compensation for the Architect’s additional services if required. Such
actions by the Owner and amounts charged to the Contractor are subject to prior approval
of the Architect.

Question 7

Execution of the Contract by the Contractor is a representation that the Contractor has …

Answer 7

…visited the site and become familiar with the Contract Documents.

Question 8

True or False

Article 3.2.2 — Because the Contract Documents are complimentary, the Contractor shall carefully study and compare the various Contract Documents before starting each portion of the Work.

Answer 8

True

NOTE: So here it is, the area in the AIA documents that clearly state the Contract
Documents are complimentary, so the specifications do not overrule the drawings. For more
on the topic, check out CSE Video Tip — The Specifications Overrule the Drawings….or Do
They?

Question 9

True or False

The Contractor is required to determine that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes, rules, and regulations or lawful order of public authorities, and the Contractor shall report any nonconformity to the Architect.

Answer 9

False

The Contractor is not required to determine that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes, rules, and regulations or lawful order of public authorities, but the Contractor shall report any nonconformity to the Architect.

Question 10

True or false

The Contractor shall be solely responsible for the construction means, methods, and techniques, sequences, and procedures and for coordinating all portions of the Work unless the Contract Documents give other specific instructions.

Answer 10

True

Question 11

True or False

Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit as well as for other permits, fees, licenses, and inspections by government agencies necessary for proper execution and completion of the Work.

Answer 11

True

Question 12

True or False

If the Contractor knowingly performs Work in violation of laws, codes, and regulations, the Contractor shall not assume responsibility of the Work and the Owner shall bear the costs of correction.

Answer 12

False

If the Contractor knowingly performs Work in violation of laws, codes, and regulations, the Contractor shall assume responsibility of the Work and bear the costs of correction.

Question 13

Concealed or Unknown Conditions — If the Contractor encounters concealed or unknown conditions during construction, the Contractor shall …

Answer 13

…promptly notify Owner and Architect before conditions are disturbed and in no event later than 21 days after first observance.

Question 14

If the Contractor encounters human remains, archeological sites, or wetlands not indicated in the Contract Documents, the Contractor shall …

Answer 14

…immediately suspend Work and notify Owner and Architect. Upon receipt of such notice, the Owner shall take action to obtain governmental authorization required to resume operations.

Question 15

What are submittals?

Answer 15

• Shop Drawings, Product Data, and Samples
• Shop drawings are drawings, diagrams, schedules, and other data specially prepared for the Work.
• Product Data are illustrations, standard schedules, performance charts, instruction, brochures, diagrams, and other information by the Contractor to illustrate materials or equipment for some portion of the Work.

-Samples are physical examples that illustrate materials, equipment, or workmanship and
establish standards by which the Work will be judged.

Question 16

By submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents to the Owner and the Architect that the Contractor has …

Answer 16

1. reviewed and approved them
2. determined and verified materials, field measurements and field construction criteria or will do so
3. checked and coordinated information with the Contract
   Documents.

Question 17

True or False

The Contractor shall review Shop Drawings, Product Data, Samples and similar submittals for compliance with the Contract Documents, approve and submit to the Architect for review.

Answer 17

True

Question 18

True or False

Shop Drawings, Product Data, Samples and similar submittals are considered part of the Contract Documents.

Answer 18

False

Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents.

Their purpose is to demonstrate the way by which the Contractor proposes to conform to the Contract Documents.

Question 19

True or False

The Architect will provide administration of the Contract as described in the Contract Documents and will be the Owner’s representative during construction until the date the Architect issues the final Certificate For Payment.

Answer 19

True

The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents.

Question 20

True or False

Per A201, The Architect and Contractor will have joint control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures.

Answer 20

False

The Architect will not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures since they are solely the responsibility of the Contractor.

Question 21

True or False

The Architect will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the Work, requiring the Architect to make exhaustive or continuous on-site inspections.

Answer 21

False

• The Architect will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the Work.
• The Architect will not be required to make exhaustive or continuous on-site inspections.
• On the basis of the site visits, the Architect will keep the Owner informed about the progress and quality of the

Question 22

True or False

The Architect will not be responsible for the Contractor’s failure to perform the Work in accordance with the Contract Documents.

Answer 22

True

Question 23

True or False

The Owner and Contractor shall communicate with each other through the Architect, unless otherwise provided in the Contract Documents.

Communications by and with Architect’s consultants shall be through the Architect.

Communications by and with subcontractors shall be through the Contractor.

Answer 23

True

Question 24

True or False

Based on the Architect’s evaluations of the Contractor’s Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts.

Answer 24

True

Question 25

True or False

The Architect has the authority to reject Work that does not conform to the Contract Documents.

Answer 25

True

Note: Architect should still review this with the owner because:

-the owner may prefer to keep non-confirming work

Question 26

True or False

The Contractor will prepare Change Orders and Construction Change Directives and may
authorize minor changes in the Work.

Answer 26

The Architect will prepare Change Orders and Construction Change Directives and may
authorize minor changes in the Work.

Question 27

What duty must the Architect conduct in order to determine the date of Substantial Completion and the date of Final Completion, issue Certificates of Substantial Completion, forward written warranties and related documents to the Owner, and issue a final Certificate for Payment.

Answer 27

The Architect will conduct inspections to determine the date of Substantial Completion and the date of Final Completion, issue Certificates of Substantial Completion, forward written warranties and related documents to the Owner, and issue a final Certificate for Payment.

Question 28

True or False

When making interpretations and decisions about compliance of the Work in relation to the Contract Documents, the Architect shall endeavor to secure faithful performance by both the Owner and Contractor, and will not show partiality to either party and not be responsible
for decisions rendered in good faith.

Answer 28

True

Question 29

True or False

The Architect will review and respond to requests for information about the Contract Documents only as an additional service.

Answer 29

False

This is considered a basic service.

The Architect will review and respond to requests for information about the Contract Documents.