Category 4 - Bidding & Construction Flashcards
What items does the Architect assist the Owner with during the Bidding or Negotiation phase?
- 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.
What specific responsibilities does the Architect have in bidding the project?
- 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.
What services is the Architect responsible for regarding negotiated proposals?
- 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.
What is the intent of the California Public Contract Code?
- 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.
What are eight requirements of the California Public Contract Code?
- 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.
In terms of the design professionals lien laws, what four groups are considered design professionals?
- Licensed Architect
- Licensed Landscape Architect
- Registered Professional Engineer
- Licensed Land Surveyor
What is a Design Professionals Lien?
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.
What are the five steps included in the process of imposing a Design Professionals Lien?
- 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.
What are three conditions that will cause a Design Professionals Lien to expire?
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.
What is a Mechanics Lien?
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.
Who has rights to file a Mechanics Lien?
- 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.
What is a Preliminary 20 Day Notice?
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.
What are the consequences of not sending a Preliminary 20 Day Notice to the Owner?
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.
Which parties are exempt from sending a Preliminary 20 Day Notice to the Owner?
Architects and General Contractors.
They do not have to send a Preliminary 20 Day Notice as they have a direct contract with the Owner.
What three steps are involved in issuing a Mechanics Lien?
- 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.
What timeframes are important to be aware of regarding Mechanics Liens?
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
Why is filing a Notice of Completion advantageous to the Owner?
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
What is a Stop Notice?
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
What is the main difference between the filing of a Stop Notice and a Mechanics Lien?
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.
Define a Bonded Stop Notice.
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.
How does a Notice of Non-Responsibility protect the Owner?
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.
What are five ways an Architect can help protect an Owner from liens being filed.
- 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.
What is AIA A201?
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.
Under what conditions may the Contractor request the Owner to provide evidence of financial ability to fulfill the requirements of the contract?
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.
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:
- 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.
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.
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.
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.
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.
Name two requirements of the Contractor prior to execution of the Contract.
Before commencing work, the Contractor is required to:
- Visit the site.
- Become familiar with the Contract Documents.
Execution of the Contract by the Contractor is a representation that he/she has performed these actions.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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:
- Known deviations from the Contract Documents.
- Defects and deficiencies observed in the Work.
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.
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.
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.
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.
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.
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.