CDS - Contracts Flashcards
A101-2007
Standard Form of Agreement BetweenOwner and Contractor where the basis ofpayment is a Stipulated Sum
A201-2007
General Conditions of the Contractfor Construction
A701-1997
Instructions to Bidders
B101-2007
Standard Form of Agreement BetweenOwner and Architect
C401-2007
Standard Form of Agreement BetweenArchitect and Consultant; ex. C141; Architect-Consultant agreement; consultant is responsible for code compliance regarding their area of work; consultant responsible for checking their own document for consistency, but architect is liable to the owner for consultant’s work
BOILERPLATE
a standard portion (generally a paragraph or more) of a written document, such as a contract or architectural specification, that appears in all similar documents
DESCRIBED IN THE BASE FEE (contracts)
major project milestone dates, scope of services, reimbursable expenses with respective unit billing rate, number of meetings with third parties included (authorities having jurisdiction, landlords, etc.)
CM AS ADVISOR
Owner-Construction Manager Agreement; B801/CMa
CM AS CONSTRUCTOR
Owner-Construction Manager Agreement; A121/CMc or A131/CMc
PRIVITY
this concept theoretically protects the architect from claims by parties with whom he or she has no direct contractual relationships
INDEMNIFICATION CLAUSE
attempts to hold harmless both the owner and architect for any damages, claims, or losses resulting from the performance of any work on the project whether by thecontractor or others with whom the architect has no contractual relationship.
B141 used on projects where
services are based on traditional five phases
- SD
- DD
- CD
- BIDDING/NEGOTIATION
- CA
B161
standard form of agreement between o-a for designated services
- for more extensive services performed by the architect
- B161 & B162 must be used together
B141
- outlines scope of basic services
2. at tend of each of the first three phases, architect to submit cost estimates for construction
owner responsible for
- program
- desired schedule
- budget
- surveys
- soil tests
- furnish the services of other consultans
additional services
services not included in basic standard services
- project representation beyond basic services
- contingent additional services - if drawings/specs are required due to change order, architect to receive add’l compensation
- optional additional services - services the owner would like but that are beyond basic services, ex. programming, tenant planning, verification of work by others
- if included in the agreement, they are written into the agreement along with the basis for compensation
hazardous materials
architect has no responsibility for the
- discovery
- handling
- removal
- disposal
- exposure of persons to hazardous materials
ex. asbestos, PCBs, toxic substances
9 categories of services (B161)
- predesign
- site analysis
- schematic design
- design development
- CDs
- bidding / negotiation
- construction contract administration
- post construction
- supplemental services
basic provisions common to all contracts
- description of work (exclusions can be spelled out here)
- times of commencement (specific date, or when contractor/architect is given notice to proceed)
- time of substantial completion (specific date or num. of calendar days from notice to proceed)
- contract sum
if a specific date is important to the owner
- provisions for liquidated damages may be included
- liquidated damages - monies paid by the contractor to the owner for every day the project is late
- can write in contract anticipated losses the owner will incur if the project is not complete in time
- usually a bonus provision for early completion based on saving the owner will incur for early occupancy
- if a penalty clause is included, a bonus provision must be included
A201 - General Conditions (owner responsibilities)
- article 2- duties, responsibilities, and rights of the owner
- furnish evidence that financial arrangements have been made to fulfill owner’s obligations and pay the contractor
- must provide free of charge necessary copies of the contract documents
- owner may order contractor to stop work if contractor fails in their duties (7 days from written notice)
A201 - General Conditions (contractor responsibilities)
- contractor solely responsible for means, methods, techniques of construction and coordination/scheduling
- contractor not liable to the owner or architect for damage resulting from errors/omissions in the contract documents
- contractor not responsible to ascertain that contract documents are in accordance with building codes, ordinances, other regulations
- if contractor notices variance, must notify architect and owner in writing; if not, contractor assumes responsibility
- contractor to provide a schedule for review by O/A
- contractor to indemnify and hold harmless O/A and architect’s consultants and agents against claims/damages/expense arising out of performance of the work
indemnify
to secure against loss or damage
architect’s documents
- contract documents are instruments of a service and belong to the architect (copyright)
compensation: stipulated sum (o-a agreement)
- fixed fee/sum of money for set services
2. reimbursable expenses are in addition to the fee
compensation: cost plus (o-a agreement)
- architect is compensated for actual expense to do the job plus a fee for profit
- multiple of direct salary expense - larger multiplier to provide for employee benefits
- hourly billing rates - build in the multiplier to the hourly rate so that the client only sees one number for each of the types of people working on the project
compensation: percentage of construction cost (o-a agreement)
- the professional fee is tied to the cost of construction as a fixed percentage
compensation: unit cost method (o-a agreement)
- fees are based on a definable unit, such as square footage, for such work as tenant planning in a leased building or on a per-house basis in a large residential development project
designated services
- a more extensive range of services than is normal under the B141; B161 can be used
B162
- must be used in conjunction with B161
- scope of designated services lists in great detail many of the possible tasks that might be included under each category
architect’s responsibilities during CA
- visit site at regular intervals
- does not have control over means, methods, techniques, procedures, or safety
- has authority to reject work that is not in conformance with contract documents or design intent
- does not have the right to stop work
- reviews shop drawings and other submittals for design intent
- prepares change orders
- interprets and decides on matters concerning the performance of the contract
- architect’s decisions regarding aesthetic effect are final if consistent with intent of contract documents
if owner wants to provide construction or by separate contractors
- owner must provide coordination of work
contract time
the period from the starting date established in the agreement to substantial completion
liens
- mechanics lien: a claim by one party against the property of another for satisfaction of a debt
- common method for an architect, contractor, or supplier to gain payment
- property with a lien cannot be sold or transferred until the lien is satisfied, except through foreclosure
- if a lien is unpaid, property can be foreclosed by the lien holder, lender, or taxing entity
- contractor must provide proof of 0 liens to owner before receiving final payment or retainage is released
architect not responsbile for
- giving advice to owner or contractor on insurance/bonds (typ. excluded by architect’s professional liability insurance)
contractor covered by these insurances
- workers comp
- damage to the work
- personal injury
- motor vehicle insurance
- claims involving liability
contractor’s insurance coverage
- amount of coverage should not be less than the limits of liability specified in the contract
- must be maintained from beginning of work until final payment without interruption
- architect to have copies of contractor’s insurance certificates and will not issue a payment until received and reviewed
owner covered by these insurances
- maintain liability insurance to protect against losses and claims arising from operations under the contract
- insurance for property damage and loss of use
- property insurance: all risk policy for full value of work
- bonds may be required of the contractor by the owner to protect against default by the contractor
