Category 4 - Bidding & Construction Flashcards
1
Q
What items does the Architect assist the Owner with during the Bidding or Negotiation phase?
A
- Establish a list of prospective contractors.
- Obtaining either competitive bids or negotiated proposals.
- Confirming responsiveness of bids or proposals.
- Determining the successful bid or proposal.
- Awarding and preparing contracts for construction.
2
Q
What specific responsibilities does the Architect have in bidding the project?
A
- Distribute Bidding Documents to prospective bidders, maintaining a log of distribution.
- Organizing and conducting a pre-bid conference for bidders.
- Preparing responses to questions from bidders and issuing addenda.
- Organizing and conducting opening of the bids and distributing the bid results.
3
Q
What services is the Architect responsible for regarding negotiated proposals?
A
- Distribute proposal documents to prospective contractors.
- Organize and participate in selection interviews with prospective contractors.
- Participate in negotiations with prospective contractors.
- Prepare a summary report of the negotiation results.
4
Q
What is the intent of the California Public Contract Code?
A
- To clarify the law with respect to competitive bidding requirements.
- To ensure full compliance with competitive bidding statuses as a means of protecting the public from misuse of public funds.
- To provide qualified bidders a fair opportunity to enter the bidding process, stimulating competition.
- To eliminate favoritism, fraud and corruption in the awarding of public contracts.
5
Q
What are eight requirements of the California Public Contract Code?
A
- Requires competitive bidding.
- Requires bidders to obtain performance bonds.
- Requires bidders to obtain payment bonds.
- Bidders must complete prequalification process.
- Must utilize equal or open specifications.
- Must be advertised publicly.
- Bids must be opened publicly.
- Contract awarded to lowest qualified/responsible bidder.
6
Q
In terms of the design professionals lien laws, what four groups are considered design professionals?
A
- Licensed Architect
- Licensed Landscape Architect
- Registered Professional Engineer
- Licensed Land Surveyor
7
Q
What is a Design Professionals Lien?
A
Right to record a lien on a property before construction begins IF a building permit or other governmental approval has been obtained.
Design Professionals Liens are available on public or private projects.
8
Q
What are the five steps included in the process of imposing a Design Professionals Lien?
A
- Has construction commenced? - if yes, lien does not apply, must use mechanics lien.
- Determine governmental approval - if no building permit or other government approval has been granted, lien is not available.
- Send Demand Letter - 10 days prior to recording lien, issue landowner payment demand.
- Record Lien - in County of project location, no later than 90 days after knowledge that work will not commence.
- Enforce Lien - file suit within 90 days of recording the lien.
9
Q
What are three conditions that will cause a Design Professionals Lien to expire?
A
The lien automatically expires if:
- Design professional does not file lawsuit to enforce the lien.
- The work commences on the project.
- Landowner partially or fully satisfies the lien, design professional shall execute and record a document as applicable.
10
Q
What is a Mechanics Lien?
A
A legal claim against real property for satisfaction of a debt (i.e. you or another individual perform work on a private project and are not paid for your service or materials, you can file a mechanics lien).
Not allowed on public projects. Does not affect the ability to pursue other remedies.
11
Q
Who has rights to file a Mechanics Lien?
A
- Contractors
- Subcontractors
- Material Supplier
- Laborer
- Equipment Lessor
- Design Professional (Architect, Engineer, etc.)
Any individual or business that supplies labor or materials on a private project have mechanics lien rights, including, but not limited to the parties above.
12
Q
What is a Preliminary 20 Day Notice?
A
A document that aids subcontractors, vendors, and material suppliers protect their lien rights in the event they are not paid for services rendered or materials supplied. Within 20 days of furnishing labor or materials, subcontractors must serve a Preliminary 20 Day Notice to the Owner, by certified first class mail or in person, which allows the Owner to be made aware of the lien rights of the subcontractors, vendors, and material suppliers.
13
Q
What are the consequences of not sending a Preliminary 20 Day Notice to the Owner?
A
Failure to send the Preliminary 20 Day Notice can cause the subcontractors, vendors, or material suppliers to lose some or all of their lien rights.
14
Q
Which parties are exempt from sending a Preliminary 20 Day Notice to the Owner?
A
Architects and General Contractors.
They do not have to send a Preliminary 20 Day Notice as they have a direct contract with the Owner.
15
Q
What three steps are involved in issuing a Mechanics Lien?
A
- Serve Notice or Mechanics Lien - must serve on the Owner by registered mail prior to recording the lien.
- Record Mechanics Lien - at County Recorder’s office in County where project is located.
- Enforce Mechanics Lien - file lawsuit within 90 calendar days from date of recording.
16
Q
What timeframes are important to be aware of regarding Mechanics Liens?
A
If a Notice of Completion or Notice of Cessation (work has formally stopped) is NOT filed by the Owner, the lien filing period is 90 days from completion of construction. If the Notice of Completion or Notice of Cessation is filed, the lien period is reduced to:
- 60 days for Prime Contractors
- 30 days for Subcontractors
17
Q
Why is filing a Notice of Completion advantageous to the Owner?
A
An advantage to the Owner of filing the Notice of Completion is it reduces the period in which claimants can file a lien, thus reducing the Owner’s window of liability. If the Notice of Completion or Notice of Cessation is filed, the lien period is reduced from 90 days to:
- 60 days for Prime Contractors
- 30 days for Subcontractors
18
Q
What is a Stop Notice?
A
A Stop Notice is a lien against funds.
The procedure for filing a Stop Notice is similar to a Mechanics Lien. Stop Notices can be used on private or public projects and served accordingly:
- Private projects - serve Stop Notice to Lender
- Public projects - serve Stop Notice to Owner of public work
19
Q
What is the main difference between the filing of a Stop Notice and a Mechanics Lien?
A
Stop Notice may be filed on a public project or private project.
Mechanics lien cannot be filed on a public project, only a private project.
20
Q
Define a Bonded Stop Notice.
A
Bonded Stop Notice - a Stop Notice presented to a construction lender accompanied by a bond with good and sufficient sureties for 125% of the claim.
If a Bonded Stop Notice is presented to the lender, the lender does not have the option to withhold funds.
21
Q
How does a Notice of Non-Responsibility protect the Owner?
A
A Notice of Non-Responsibility is utilized when a tenant (not Owner) of a space is performing work and the Owner (landlord) wants to protect themselves from any liens stemming from the failure of the tenant to pay contractors and vendors.
The Notice of Non-Responsibility is completed by the Owner and physically posted at the construction site.
22
Q
What are five ways an Architect can help protect an Owner from liens being filed.
A
- Have the Owner request the General Contractor to purchase a Performance Bond and Payment Bond.
- Receive signed lien release from subcontractors at time of payment.
- Architect process Contractor’s request for payment in a timely manner.
- Collect and hold retainage.
- Recommend the Owner file Notice of Completion with County Recorder to reduce the window in which liens may be filed.
23
Q
What is AIA A201?
A
AIA A201 is the General Conditions of the Contract for Construction, which sets out the duties, responsibilities and relationships of the three parties (Owner, Architect and Contractor) during construction.
24
Q
Under what conditions may the Contractor request the Owner to provide evidence of financial ability to fulfill the requirements of the contract?
A
Before the commencing of work, the Contractor may request the Owner to provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s obligations under the Contract.
25
After work has commenced, when can the Contractor request evidence from the Owner of financial ability to fulfill the contract requirements?
After work has commenced, the Contractor may only request evidence when:
1. Owner fails to make payments to the Contractor.
2. Change in Work that changes the Contract Sum.
3. Contractor identifies in writing reasonable concern regarding Owner's ability to fulfill obligations under the Contract.
26
What documents is the Owner required to give to the Contractor?
The Owner shall furnish surveys, legal limitations, utility locations and a legal description of the site. The Owner must also furnish all information or services required by the Contract Documents.
27
What rights does the Owner retain in regards to stopping the Work?
If the 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 issue written order to stop the Work until the cause of the order has been eliminated.
28
If the Contractor neglects to carry out the Work according to the Contract Documents, what option does the Owner have to rectify the situation?
The Owner, upon a written notice with 10 days of warning, may correct any deficiencies in the Work using his/her own forces.
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 are subject to prior approval of the Architect.
29
What is the primary obligation of the Contractor?
The primary obligation and responsibility of the Contractor is to perform the Work in accordance with the Contract Documents.
30
Name two requirements of the Contractor prior to execution of the Contract.
Before commencing work, the Contractor is required to:
1. Visit the site.
2. Become familiar with the Contract Documents.
Execution of the Contract by the Contractor is a representation that he/she has performed these actions.
31
What must the Contractor do before commencing each portion of the Work?
The Contractor shall carefully study and compare various Contract Documents (drawings, specifications, etc.) before starting each portion of the Work.
32
Does the Contractor review the Contract Documents for compliance with applicable laws, codes and regulations?
No, the Contractor is not required to determine that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes, rules, regulations or lawful order of public authorities. This is the responsibility of the Architect.
33
What should the Contractor do if he/she discovers inconsistencies within the Contract Documents?
The Contractor shall promptly report to the Architect any errors, omissions or inconsistencies discovered by or made known to the Contractor regarding the Contract Documents.
34
Who is responsible for the supervision and construction procedures of the Work?
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.
35
Who is responsible to pay for labor and materials?
Unless otherwise provided for in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation and other facilities and services necessary for the proper execution and completion of the Work.
36
Does the Owner pay for the building permit?
No, 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.
37
What is the Contractor subject to if he/she knowingly performs Work in violation of laws, codes and/or regulations?
If the Contractor knowingly performs Work in violation of laws, codes and/or regulations, the Contractor shall assume responsibility of the Work and bear the costs of correction.
38
What must the Contractor do if concealed or unknown conditions are encountered on the site?
If the Contractor encounters concealed or unknown conditions during construction, he/she shall promptly notify the Owner and Architect before conditions are disturbed and in no event later than 21 days after the first observance.
39
A Contractor discovers a wetland on the site not indicated on the Contract Documents. What must he/she do?
If the Contractor encounters human remains, archaeological sites or wetlands not indicated in the Contract Documents, he/she shall immediately suspend Work and notify the Owner and Architect. Upon receipt of such notice, the Owner shall take action to obtain governmental authorization required to resume operations.
40
What is the Architect's primary obligation during the construction phase?
The Architect will review work for compliance with Contract Documents and keep Owner informed of the progress of the Work.
The Architect will also 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 of Payment.
41
What is the Architect required to do regarding site visits?
The Architect will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress of the Work and keep the Owner informed about the progress of the Work as well as notify the Owner of any non-conforming conditions at the site.
The Architect will not be required to make exhaustive or continuous on site inspections.
42
What information should the Architect report to the Owner during construction?
On the basis of site visits, the Architect will keep the Owner informed about the progress and quality of the Work and report to the Owner:
1. Known deviations from the Contract Documents.
2. Defects and deficiencies observed in the Work.
43
How is communication between the Owner and Contractor provided for in AIA A201?
The Owner and Contractor shall communicate with each other through the Architect, unless otherwise provided in the Contract Documents.
Communication by and with Architect's consultants shall be through the Architect. Communication by and with subcontractors shall be through the Contractor.
44
What is the responsibility of the Architect in regards to Contractor's Applications for Payment?
The Architect will review and certify the amounts due to the Contractor and will issue Certificates for Payment in such amounts.
45
When does the Architect have the authority to reject Work?
The Architect has the authority to reject Work that does not conform to the Contract Documents. The Architect has the authority to reject Work that does not conform to the Contract Documents. The Architect may also require inspection or testing of the Work whenever he/she considers it necessary or advisable.
46
Who is responsible for preparing Change Orders and Construction Change Directives?
The Architect. He/she may also authorize minor changes in the work that do not affect Contract Time or Sum.
47
When is the Architect required to conduct inspections of the Work?
The Architect will conduct inspections to determine the date of:
1. Substantial Completion
2. Final Completion
The Architect will issue the Certificate of Substantial Completion, forward written warranties and related documents to the Owner, and issue a final Certificate for Payment.
48
When making decisions about compliance of the Work in relation to the Contract Documents, which party should the Architect favor?
Neither. When making interpretations or 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.
49
Under what circumstances are the Architect's decisions final?
The Architect's decisions on matters relating to aesthetic affect will be final if consistent with the intent expressed in the Contract Documents.
50
What are shop drawings, product data and samples?
1. Shop drawings are drawings, diagrams, schedules and other data specific to the Work.
2. Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams, etc. illustrating materials or equipment for some portion of the Work.
3. Samples are physical examples that show materials, equipment or workmanship and help establish standards during construction of the project.
51
Who is responsible for receiving and approving shop drawings before they are sent to the Architect?
The Contractor.
52
What is represented to the Owner and Architect when the Contractor submits shop drawings, product data and samples?
The Contractor represents that he/she has:
1. Reviewed and approved the documents.
2. Determined and verified materials, field measurements and field construction criteria, or will do so.
3. Checked and coordinated information with the Contract Documents.
53
What responsibility does the Architect have regarding RFIs?
The Architect shall review and respond to RFIs about the Contract Documents in writing within any time limits agreed upon or otherwise with reasonable promptness.
54
Why does project type have an affect on the Architect's performance of Contract Administration?
The Architect is required to perform Contract Administration on Essential Services Buildings, public schools, community colleges and hospitals.
These different building types require different amounts of time involvement for Contract Administration and the Architect's fees should be adjusted accordingly.
Contract Administration is performed as a standard of practice for non-essential services buildings as well.
55
Name the typical documents the Architect is responsible for using during Contract Administration.
1. Proposal Request
2. Architect's Supplemental Instructions
3. Change Order
4. Construction Change Directive
5. Application & Certificate for Payment
6. Certificate of Substantial Completion
7. Architect's Field Report
8. Shop Drawings and Sample Record
9. RFI Responses
56
What documents, not directly used by the Architect, are typically used during Contract Administration?
1. Contractor's Affidavit of Releases of Liens
2. Lien releases from subcontractors, material suppliers, and vendors
3. Certificate of Occupancy (issued by Building Official)
4. Notice of Completion (filed by Owner)
57
What is the responsibility of the Architect in reviewing shop drawings?
The Architect reviews shop drawings only for the limited purpose of checking for conformance with the contract documents and compliance with the design intent.
58
How does the involvement of a Construction Manager affect Contract Administration?
The involvement of a Construction Manager does not limit the liability of the Architect, however some of the responsibilities may be reduced in accordance with the Construction Manager Advisor Edition of the Owner and Architect Agreement.
59
What items is a Construction Manager (CM) responsible for?
1. Determine Work is performed in accordance with construction documents.
2. Inform Owner of the progress of the Work.
3. Endeavor to guard Owner from defects in Work.
4. Owner / Contractor communicate through CM.
5. Review and certify Applications for Payment.
6. Prepare Change Orders and Construction Change Directives.
Architect still approves Change Orders and Applications for Payment.
60
If a Construction Manager is brought on during Contract Administration, what responsibilities does the Architect retain?
The Construction Manager will endeavor to keep the Architect in the loop, particularly in matters of communication between the Owner and Contractor. The Architect is still responsible for the following:
1. Approving Applications for Payment
2. Approving Change Orders and Construction Change Directives
61
What is Mediation?
Mediation is the first line of conflict resolution if parties are unable to resolve it themselves. It is a form of alternative dispute resolution and it must take place before Arbitration.
A neutral third party aims to assist two (or more) parties in reaching an agreement. Both parties share the expenses of Mediation. An important distinction is that Mediation is non-binding.
62
How is Arbitration different from Mediation?
The main difference is Mediation is non-binding and Arbitration is binding.
Bot are forms of alternate dispute resolution. Arbitration is used when Mediation is unable to resolve a dispute.
63
Why is Arbitration a preferable method of dispute resolution over Litigation?
Arbitration tends to be less expensive than Litigation and it is also faster. The decision of the arbitrator, though binding, is private information while Litigation is public.
64
What is the one benefit of Litigation over Arbitration?
Litigation is when a dispute is resolved in court. It is an expensive and long process involving attorneys; however unlike Arbitration the judge's decision can be appealed.
65
A Subcontractor requests direction from the Architect. How should he/she respond?
The Architect should inform the Subcontractor that he/she is not responsible for directing subcontractors or employees of the Contractor and should ask the Contractor for guidance. Any issues or concerns should then be communicated by the Contractor to the Architect.
66
Does the Architect have authority to stop the Work?
No. The Owner, Contractor (if payments not received) and the Local Building Official have the authority to stop the Work.
67
What are the three ways in which the Contract may be changed or modified?
1. Architect's Supplemental Instructions.
2. Change Order.
3. Construction Change Directive.
68
Define Supplemental Instructions.
Supplemental Instructions are additional instructions or interpretations by the Architect. They call for minor changes in the Work and assist the Architect in performing obligations as interpreter of the Contract Documents.
There is NO change in contract time or sum and this document only requires the Architect's signature.
69
How is a Change Order different from a Construction Change Directive?
A Change Order is prepared by the Architect, signed by the Architect, Owner and Contractor and includes a description of the change and cost or time adjustment.
A Construction Change Directive is only signed by the Architect and Owner. It directs a change in work prior to an agreement in the Contract Sum or Time adjustment and is typically used in the absence of total agreement on the terms of a Change Order.
70
Describe the Change Order process.
1. Contractor notifies in writing of the proposed change (Owner or Architect may request as well).
2. Architect completes a Proposal Request detailing changed work and sends to Contractor.
3. Contractor submits an impact of Cost & Time of proposed work to Architect for review.
4. If Owner decides to go ahead with Work, Architect prepares the Change Order and all sign.
71
How does AIA A201 define the Contract Sum?
The Contract Sum is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents.
72
What is a Schedule of Values and how does the Architect use this document?
The Schedule of Values is submitted by the Contractor to the Architect prior to the First Application for Payment. This document allocates the entire Contract Sum to the various portions of the Work. This schedule is used by the Architect as a basis for reviewing Contractor's Application for Payment.
73
Describe the Application for Payment procedure.
1. At least 10 days before the established date for each progress payment, the Contractor completes and submits the Application and Certificate for Payment to the Architect.
2. Payments shall be made on account of materials and equipment delivered and stored on site. If approved in advance by the Owner, payment may be made for materials and equipment stored off site.
74
When does the Architect issue a Certificate for Payment?
Within 7 days after receipt of the Contractor's Application for Payment, the Architect shall either issue to the Owner a Certificate for Payment, with a copy to the Contractor, for such amount the Architect determines is properly due, or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part.
75
What does the issuance of a Certificate of Payment NOT represent on behalf of the Architect?
1. Exhaustive or continuous on-site inspections.
2. Reviewed construction means, methods, techniques, sequences or procedures.
3. Reviewed copies of requisitions received from subcontractors and material suppliers.
4. Made examination to ascertain how the Contractor has used money previously paid on account of the Contract Sum.
76
Under what conditions can the Architect withhold certification?
If the work on the Application does not match the work completed in the field, the Architect will discuss this with the Contractor. If an agreement cannot be reached, the Architect will issue the Application of Certificate of Payment to the Owner for the amount the Architect believes to be accurate.
77
When does the Owner make payments to the Contractor?
Once the Owner receives the approved Application and Certificate of Payment from the Architect, he/she makes payment to the Contractor.
78
What must the Contractor warrant upon submittal of an Application for Payment?
The Contractor warrants upon submittal of an Application for Payment that all previous Work shall be free and clear of Liens. This means the Contractor would need to submit lien releases for previous work with the submittal of the new Application for Payment.
79
What is Substantial Completion?
Substantial Completion is when the Work is sufficiently complete in accordance with the Contract Documents and ready for the Owner's occupancy and use.
80
What process is required in order to issue the Certificate of Substantial Completion?
1. Contractor submits to Architect a punch list of items to be completed prior to final payment.
2. Architect makes inspection to determine if Work is substantially complete. If not, Contractor shall complete the Work prior to the issuance of a Certificate of Substantial Completion.
3. Once complete, Architect issues Certificate of Substantial Completion to Owner and Contractor.
81
What does the Certificate of Substantial Completion establish?
1. The date of Substantial Completion.
2. The responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the work and insurance (typically transferred to Owner).
3. Warranty period begins for Work.
4. Release of Retainage to Contractor.
5. Statute of Limitations time clock begins.
82
When can the Owner occupy any portion of the Work?
The Owner may occupy any portion of the Work when such portion is designated by separate agreement with the Contractor, provided such occupancy is consented to by the surety and authorized by the public authority having jurisdiction (Building Official) over the project.
83
Describe the process for Final Completion and Final Payment.
1. Contractor submits to the Architect the final Application for Payment.
2. Architect makes inspection to determine Final Completion, that all remaining Work is completed in accordance with the Contract Documents, has taken place.
3. Architect issues a final Certificate of Payment to the Owner which states that the work has been completed in accordance with the Contract Documents and the outstanding balance is now due.
84
What must the Contractor submit to the Architect in order to receive Final Payment?
1. Affidavit that payrolls, bills for materials and equipment and other indebtedness have been paid or satisfied.
2. Submit Contractor's Affidavit of Release of Liens.
3. Certificate stating that the insurance is in effect and no known reason for it not being renewable.
4. Consent of Surety.
5. Proof of release of all applicable liens from Subcontractors, material suppliers, and vendors.
85
How does filing the Notice of Completion affect the period for Contractors and Subcontractors to file liens?
If the Owner files the Notice of Completion with the County Clerk Recorder's Office, it has the following affect on lien periods:
1. Prime Contractors - reduces the lien period from 90 to 60 days.
2. Subcontractors - reduces the lien period from 60 days to 30 days.
If no Notice of Completion is filed, lien period is 90 days for both Prime and Sub Contractors.
86
Who issues the Certificate of Occupancy?
The Building Official issues the Certificate of Occupancy after conducting final inspection and walk through with the Contractor. Once the Certificate of Occupancy is issued the Owner can legally occupy the building.
87
What role does the Architect have during the Close Out process?
1. Issue Certificate of Substantial Completion.
2. Completes final walk through with Owner and Contractor.
3. Issues final Certificate for Payment.
4. Submit final Architect's invoice to Owner.
5. Assemble and file for future reference complete project and cost records for both construction and professional services.
88
What are the Contractor's responsibilities during Close Out?
1. Provides punch list.
2. Submits warranties, maintenance contracts and instructions to Owner.
3. Deliver replacement and maintenance stock of material as required to Owner.
4. Instruct Owner in maintenance and operations
5. Clean up construction debris.
6. Submits final Application for Payment.
7. Submits full lien releases.
89
What duties must the Owner complete during project Close Out?
1. Makes final payment to Architect.
2. Makes final payment to Contractor.
3. Files Notice of Completion.
90
What is the warranty period for the Contractor's work?
According to the A201, General Conditions, the Contractor must correct any work not found to be in compliance with the Contract Documents within 1 year of Substantial Completion.
91
What is the Statute of Limitations for patent (visible or apparent by reasonable inspection) defects in the Work?
Statute of Limitations is 4 years. No action shall be brought to recover damages from any person performing or furnishing the design, specifications, surveying, planning, supervision or observation of construction or construction of an improvement to real property more than four (4) years after the Substantial Completion of such improvement.
92
What is the Statute of Limitations for latent (hidden by reasonable inspection) defects in the Work?
Statute of Limitations is 10 years. No action shall be brought to recover damages from any person performing or furnishing the design, specifications, surveying, planning, supervision or observation of construction or construction of an improvement to real property more than ten (10) years after the Substantial Completion of such improvement.
93
What is the Statute of Limitations for Contractual Liability in the State of California?
The Statute of Limitations for Contractual Liability (relating to upholding written agreements or contracts) in California's four (4) years from the date of the default of the contract.
94
What are special inspections?
Special inspections are inspections as required of the materials, installation, fabrication, erection of placement of components and connections requiring special expertise to ensure compliance with approved construction documents and reference standards. They can be continuous (full time observation of the work) or periodic (part time of intermittent observation of the work).
95
Who performs special inspections?
A Special Inspector shall be a qualified person who shall demonstrate competence, to the satisfaction of the building official, for inspection of the particular type of construction or operation requiring special inspection. The Owner shall employ one or more special inspectors to provide inspection during construction.
96
What is a Statement of Special Inspections?
Where special inspection or testing is required, the registered design professional in responsible charge shall prepare a statement of special inspections for submittal by the permit applicant (this usually appears on the structural engineer's drawings, depending on the firm/project.)
97
Who performs Structural Observations?
The Owner shall employ a registered design professional to perform structural observations (usually the structural engineer). At the conclusion of the work included in the permit, the structural observer shall submit to the building official a written statement that site visits have been made and identify any reported deficiencies that have not been resolved.
98
What steel components or assemblies require special inspections?
1. Material verification for high strength bolts.
2. High strength bolts.
3. Material verification of structural steel.
4. Welding of structural steel.
5. Steel joint frame details for compliance with construction documents.
99
What types and components of concrete require special inspection?
1. Reinforcing steel and welding.
2. Bolts, anchors and formwork.
3. Verifying use of required design mix.
4. Sample concrete during placement for subsequent strength testing (core test).
5. Shotcrete (sprayed on concrete mixture).
6. Proper curing temperatures and techniques.
7. Prestressed concrete and erection of precast members.
100
What other assemblies, components and site conditions require special inspections?
1. Seismic resistance structural systems.
2. High load diaphragms in wood frame construction (shear walls).
3. Structural masonry.
4. Pile foundations.
5. Smoke control systems.
6. Sprayed fire-resistant materials (thickness, etc.)
7. Exterior insulation and finish systems.
101
Who is the building official?
The "building official" is the officer or other designated authority charged with the administration and enforcement of this code in accordance with state law.
Local cities and counties have building officials who regulate construction in their jurisdiction.
State funded construction on state property is often regulated by a state agency.
102
Who has the final determination for code enforcement issues?
In general, only the local building authority can make final determinations regarding code enforcement issues.
103
What warranties are included with materials and equipment furnished under the Contract?
The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality, free from defects, except for those inherent in the quality of the Work.
104
Does a Contract allowance cover labor, installation or overhead costs?
No, a Contract allowance shall cover the cost to the Contractor of materials and equipment delivered to the site and all required taxes. The Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses shall be included in the Contract Sum, but not in the allowances.
105
The Contractor has consistently failed to keep the site clean and free of debris. What option dos the Owner have in this situation?
If the Contractor fails to clean up as provided in the Contract Documents, the Owner do so and shall be entitled to reimbursement from the Contractor.
106
If a Construction Change Directive provides for an adjustment to the Contract Sum, what is the adjustment based on?
1. Mutual acceptance of a lump sum properly itemized and supported by sufficient data.
2. Unit prices stated in the Contract Documents or subsequently agreed upon.
3. Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee.
107
What is the Contractor's responsibility upon receipt of a Construction Change Directive?
Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor's agreement or disagreement with the method, if any, provided for determining the proposed adjustment in the Contract Sum or Contract Time.
108
When must the Contractor pay his/her Subcontractors?
The Contractor shall pay each Subcontractor no later than 7 days after receipt of payment from the Owner the amount to which the Subcontractor is entitled.
109
What conditions must be present in order for the Contractor to stop the Work?
If the Architect does not issue a Certificate for Payment through no fault of the Contractor, or if the Owner does not pay the Contractor within 7 days after the date established in the Contract Documents, then the Contractor may, upon 7 additional days' written notice to the Owner and Architect, stop the Work until payment of the amount owed to the Contractor is received.
110
Under what circumstances would the Owner contact a Subcontractor directly?
If the Contractor fails to furnish written evidence that the Subcontractors have been properly paid, after a request from the Owner to do so, then the Owner shall have the right to contact Subcontractors to ascertain whether than have been properly paid.
111
What is the Contractor entitled to if the Work is stopped due to non-payment?
The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut-down, delay and start-up, plus interest as provided for in the Contract Documents.
112
When a Contractor or Subcontractor accepts final payment, what rights are they essentially waiving?
Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment.
113
A Contractor is held liable by a government agency for remediation of hazardous materials discovered on the project site. What action must the Owner take in this situation?
If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall reimburse the Contractor for all cost and expense thereby incurred.
114
During a site visit, the Architect discovers a portion of the Work was covered prior to a required inspection. What can the Architect require of the Contractor?
If a portion of the Work is covered contrary to the Architect's request or to requirements specifically expressed in the Contract Documents, it must, if requested in writing by the Architect, be uncovered for the Architect's examination and be replaced at the Contractor's expense without change in the Contract Time.
115
If Work uncovered at the Architect's request is found to be in accordance with the Contract Documents, who is responsible for the expense of the Change Order?
The Architect may request to see Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be at the Owner's expense. If such Work is NOT in accordance with the Contract Documents, such costs and the cost of the correction shall be at the Contractor's expense.
116
If the uncovered non-conforming work was the result of the Owner or a separate contractor, who is responsible for the expense of correcting the work?
If the condition of the non-conforming work uncovered by the Contractor was the result of the Owner or a separate contractor, the Owner shall be responsible for payment of such costs and expenses related with uncovering and correction of the work.
117
What is the warranty period for work performed after Substantial Completion?
According to the A201, General Conditions, the one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work.
118
Can the Owner accept work that is NOT in accordance with the requirements of the Contract Documents?
Yes. If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal or correction, in which case the Contract Sum will be reduced as appropriate and equitable.
119
Who is responsible for the costs related with tests and inspections?
The Contractor shall make arrangements for tests and inspections and shall bear all related costs of tests, inspections and approvals as indicated in the Contract Documents.
The Owner shall bear costs of tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded; and tests, inspections or approvals where building codes prohibit the Owner from delegating costs to the Contractor.
The Owner pays for special inspections.
120
What conditions must exist for the Contractor to terminate the contract?
Upon 7 days written notice to the Owner and Architect, the Contractor may terminate:
1. If work is stopped for 30 consecutive days through no act or fault of the Contractor.
2. Acts of government or court order stopping Work.
3. Non-payment by Owner.
4. Owner fails to furnish financial evidence of being able to complete requirements of contract.
