CDS - Contract Documents

Question 1

contract documents consist of

Answer 1

1. owner-architect/contractor agreement
2. general conditions of the contract
3. supplementary conditions of the contract
4. drawings
5. specifications
6. addenda
7. other documents listed in the agreement
8. modifications issued after execution of the contract

Question 2

a modification is

Answer 2

1. change order
2. construction change directive
3. written order issued by the architect for a minor change in the work
4. written amendment to the contract signed by both parties

Question 3

approaches to project delivery

Answer 3

1. description of the sequence of events necessary to provide an owner with a complete building
2. selection of people who will design and construct the project
3. establishment of contractual relationships
4. organizing contractors to perform the work

Question 4

responsibility for design and construction

Answer 4

1. traditional method (o-a relationship + o-c relationship)
2. architect as owner’s agent with no financial stake
3. fixed sum agreement with contractor
4. single entity responsible for design and construction

Question 5

single entity responsible for design and construction

Answer 5

advantages:
1. allows review by construction experts
2. often includes a guaranteed cost
disadvantages:
1. eliminates the advantages of competitive bidding
2. potential conflicts because goals of the designers vary from the goals of the contractor

Question 6

agency

Answer 6

1. legal concept of agency involves principal (owner), agent (architect), and third party (contractor)
2. the agent works on behalf of the principal and has the authority to perform certain duties
3. agent can legally bind the principal to the third party
4. contractor is considered a vendor

Question 7

contract types

Answer 7

1. classified by the primary relationship the owner has with the contractor
2. this relationship is called the prime contract

Question 8

most common types of prime contracts

Answer 8

1. single prime contract
2. multiple prime contract
3. many prime contracts

Question 9

single prime contract

Answer 9

1. most common type of prime contracts
2. GC is responsible to the owner and must coordinate the other subs
3. advantage: owner has a single source of responsibility

Question 10

multiple prime contract

Answer 10

1. major portions of the work are contracted separately with the owner
2. disadvantage: more difficult for the architect to coordinate

Question 11

many prime contracts

Answer 11

1. applied in fast track construction

2. typ. needs the use of a construction manager (if architect is unable to coordinate the effort)

Question 12

design-award-build

Answer 12

1. first and most traditional project delivery method
2. fairly simple: well defined roles, linear work flow
3. minimal coordination problems
4. contract relationships are straightforward
5. owner receives fixed price before proceeding with construction
6. disadvantage: one phase at a time

Question 13

fast track

Answer 13

1. compressed construction schedule
2. overlap between design and construction phases
3. requires many prime contracts and more coordination
4. can substantially reduce time and cost of a project
5. may require a CM: owner’s agent, provides scheduling, early material purchasing, design review related to constructability, contract preparation
6. CM may guarantee cost and time of delivery of the project

Question 14

design build

Answer 14

1. single entity to provide design and construction
2. design build firm subcontracts as required
3. typ. used by owners who have building experience with multiple facilities and who have clearly defined needs that can be stated in performance requirements

Question 15

design build advantages

Answer 15

1. single source of responsibility
2. administration is direct
3. fixed price early in the process
4. total schedule is typ. reduced

Question 16

design build disadvantages

Answer 16

1. owner doesn’t have much control over the design
2. disagreements can occur concerning scope of design
3. quality of materials and construction methods used may be compromised by DB firm for profit
4. client must develop a specific set of performance requirements

Question 17

architect as advisor to owner in DB project delivery

Answer 17

architect to

1. establish performance requirements
2. evaluate potential DB firms
3. administer contract
4. evaluate the progress of the work against the contract and approved design

Question 18

A305, Contractor’s Qualification Statement includes a

Answer 18

financial statement

Question 19

A701, bids with irregularities

Answer 19

owner has the right to waive irregularities and accept the bid

Question 20

matter affecting the basic legal rights and responsibilities of the parties to the contract, but which may vary from one project to another, should be handled in the

Answer 20

supplementary conditions

Question 21

before starting CD phase, procedures to help assure quality control in preparing the CDs are

Answer 21

1. maintain documentation standards
2. provide detailed cost estimate
3. have contractor check documents

Question 22

enumeration of contract documents

Answer 22

1. article of the contract documents that lists all of the documents individually

Question 23

when does the architect modify the documents at no additional cost to the owner

Answer 23

if fixed cost agreement and construction bids come in over the agreed fixed cost

Question 24

basic provisions (provisions common to all contracts)

Answer 24

1. description of work
2. times of commencement
3. time of substantial completion
4. contract sum

Question 25

basic provisions: description of work

Answer 25

1. includes what is described in the contract documents

2. exclusions can be spelled out here

Question 26

basic provisions: time of commencement

Answer 26

1. construction completion time is measured from this time

2. date can be a specific calendar day or when contractor is given notice-to-proceed

Question 27

basic provisions: time of substantial completion

Answer 27

1. expressed with a specific date or by a number of calendar days from notice-to-proceed
2. time when the owner can occupy or utilize the work for its intended use

Question 28

basic provisions: contract sum

Answer 28

1. states the compensation the contractor will receive for the work

Question 29

basic provisions

Answer 29

1. provisions common to all contracts
2. if a particular date is important to the owner, provision for liquidated damages may be included
3. progress payments
4. enumeration of contract documents
5. compensation methods
6. general conditions of the contract

Question 30

liquidated damages

Answer 30

1. monies paid by the contractor to the owner for every day the project is late
2. represents anticipated losses the owner will incur if the project is not complete in time
3. usually accompanied by a bonus provision for early completion based on saving the owner will incur for early occupancy
4. if a penalty clause is included, a bonus provision must be included

Question 31

basic provisions: progress payments

Answer 31

1. periodic payments based on contractor’s application for payment
2. A101 states payment based on percent complete, materials purchased, and in approved storage
3. percentage based on schedule of values that contractor submits to architect
4. typ. 10% as retainage is wittheld until final completion of the work

Question 32

to receive progress payments, contractor must

Answer 32

1. submit an application for payment to architect listing completed work and stored materials according to schedule of values
2. architect reviews application, verifies it, and recommends payment to the owner
3. if there is work in dispute, architect may choose not to certify payment of all or a portion of the amount until the problem is resolved