Chap 8 - Interpretations and Modifications Flashcards
There are two types of modifications: ______
- those that require a change to the contract sum or time, and
- those that do not.
CAPG Chap 8 Intro
Changes that do not affect cost or time are minor changes in the work and may take the form of, ______
…substitutions, supplemental instructions (ASI), or field orders.
CAPG Chap 8 Intro
Information should be stated ______
… clearly, but only once.
CAPG 8.1 Intro
If similar information appears in both the drawings and specifications but is in conflict, ______
…document interpretation or modification will be needed.
CAPG 8.1 Intro
Disagreement by the contractor and owner on an A/E interpretation of the contract may result in:
- change directive
- minor change in the work (ASI or Field Order)
- change order
- notice of claim
- claim
CAPG 8.1 Intro
The contract documents are __________ , and what is required ______ is as ______________.
The contract documents are complementary, and what is required by one is as binding as if required by all.
CAPG 8.1.1
Contract documents are defined as the _________ that become ________ when the _______.
…. legally enforceable requirements that become part of the contract when the agreement is executed.
CAPG 8.1.1
Contract documents usually include the _____________ (6 things)
- contracting forms,
- conditions of the contract,
- specifications,
- drawings,
- addenda, and
- modifications.
CAPG 8.1.1
The AIA A201 states that the contractor is required to do only what is:
- reasonably consistent with the contract documents and
- reasonably inferable as being required to produce the intended results.
CAPG 8.1.1
The conditions of the contract require the contractor to report_____________ to the ________.
…errors, inconsistencies, or omissions to the A/E.
CAPG 8.1.1
When the A/E makes an interpretation consistent with the intent of the contract documents, he then issues an:
- Interpretation,
- minor change, or
- proposal request
CAPG 8.1.1
RFIs asking for interpretation of an item in the contract documents, may be initiated by who?
- the owner or
- the contractor.
CAPG 8.1.2
The AIA A201 states that the architect’s decisions regarding aesthetic effect are _____, unless they are _____.
….are final, unless they are inconsistent with the intent expressed in the contract documents.
CAPG 8.1.2
In order to maintain proper lines of communication, RFIs should be accepted only from:
- the owner or
- the contractor.
CAPG 8.1.2
RFIs may occasionally be an attempt to make a ___________ after expiration of the time limit.
…. Substitution of
- product,
- material, or
- system
CAPG 8.1.2
AIA A201 and EJCDC C-700 stipulate that the A/E’s decisions will be consistent with the intent of what may be _________________
….reasonably inferable from the contract documents.
CAPG 8.1.3
The A/E should render interpretations based on the contract documents without ___________
….partiality to either the owner or the contractor.
CAPG 8.1.3
Claims may be caused by the ______ or _____ disagreement with the A/E’s interpretation.
….owner’s or contractor’s
CAPG 8.1.3.2
Unresolved claims become __________.
…. disputes.
CAPG 8.1.3.3
Contract modifications are required whenever a change will ____________ .
modify the contract documents, regardless of a change in time or cost.
CAPG 8.2 Intro
________ are used to modify the contract documents when time or cost are affected.
________ are issued when neither time nor cost are affected.
….Change orders are used to modify the contract documents when cost, time, or both are affected.
….Minor changes in the work (ASI / Field Order)
CAPG 8.2 Intro
Prior to preparation of a change order, the contractor is usually asked to respond to a __________
….proposal request or submit a request for proposal which outlines the cost of the change and schedule impact.
CAPG 8.2 Intro
Contract modifications are not required when:
….an RFI does not affect cost or time.
CAPG 8.2 Intro
Circumstances under which modifications to the contract documents will be allowed are described where?
- Conditions of the contract, and
- Division 01
CAPG 8.2.1
Contract document modifications may be necessary when:
- intent of the documents is not “reasonably inferable”
- corrections required for errors, omissions, discrepancies, or design deficiencies.
- unknown conditions necessitate
- owner’s requirements change
- changes in the regulations after issuance of a permit.
- time between bid acceptance and contract execution is long.
- interpretations of the regulations by AHJs.
- product is no longer available.
- A new product offers cost savings.
- New information about a specified product
- difference in actual product cost -vs- specified allowance
- quantity of work for unit price is changed.
- Unattainable requirements exist
CAPG 8.2.1
A request for a contract modification can be initiated by________
- owner,
- contractor, or
- A/E.
CAPG 8.2.1.1
Methods available to request and make contract document modifications include:
• Change Order
• Change Directives
construction change directive (AIA)
work change directive (EJCDC)
• Minor Change
architect’s supplemental instructions (AIA)
field order (EJCDC)
written interpretation or clarification (EJCDC)
• Written Requests
proposal request
change order request
request for substitutions
CAPG 8.2.1.1
What is the difference on who issues a Change Order Request versus a Proposal Request?
Proposal Request: Prepared by A/E ……. submitted to Contractor
Change Order Request: Prepared by Contractor ……. submitted to Owner (in response to the Proposal Request)
CAPG 8.2.1.2
The A/E can initiate a proposal request by issuing AIA form:
….AIA G709, Work Changes Proposal Request.
CAPG 8.2.1.2
….AIA G709, Work Changes Proposal Request.
CAPG 8.2.1.2
….the reasons for the proposed change, along with:
- itemization for costs of labor,
- material,
- taxes,
- subcontracts,
- bonds,
- insurance, and
- overhead and profit.
CAPG 8.2.1.3
The change order request should not be confused with:
- a proposal request. CAPG 8.2.1.2
- a substitution request. CAPG 8.2.1.3
A substitution request proposes a change of _____, _____, _____, or ______ from
the requirements of the contract documents, along with any cost implications.
- manufacturer,
- product,
- material, or
- system
CAPG 8.2.1.3
Approval of a substitution request should be documented how?
….in a change order.
CAPG 8.2.1.3
Minor changes in the work may be initiated by:
- the architect’s supplemental instructions, or
- the engineer’s field orders, or
- another document identified in the contract documents
CAPG 8.2.1.4
Who has authority to execute a change order?
….only the owner.
CAPG 8.2.1.6
Change orders may originate by issuance of a:
- change directive,
- change order request, or
- proposal request.
CAPG 8.2.1.6
The cost adjustment for a change order may be determined on the basis of:
- stipulated sum
- Unit prices
- costs plus a fee
CAPG 8.2.1.7
Where should the A/E stipulate the modification procedures and data required to substantiate claims for extra costs?
….in a Division 01 section of the specifications.
CAPG 8.2.1.7
After a change order has been issued, the contractor should adjust the:
- schedule of values
- construction progress schedule
CAPG 8.2.1.7
Once a modification has been issued, it should be posted to the:
….A/E’s and the contractor’s sets of the contract documents.
….”record” set of the contract documents.
CAPG 8.2.1.10
The AHJ could issue a stop work order upon discovering:
….a failure to report code-related changes to the approved “Permit Set.”
CAPG 8.2.1.10
If the contractor encounters conditions materially different than indicated on the contract documents, the conditions of the contract allow:
….the work to proceed while the contractor and the owner agree on a fair and equitable adjustment.
CAPG 8.2.2
AIA A201 and EJCDC C-700 state that upon encountering suspected hazardous materials, the contractor shall:
- stop work in the affected area
- notify the owner and A/E of the condition.
CAPG 8.2.2.1
T/F: When hazardous materials are encountered, the contractor is usually required to remove or encapsulate them.
False: A separate specialty contractor is usually employed to remove or encapsulate the hazardous materials
CAPG 8.2.2.1
T/F: When notified by the contractor of suspected hazardous materials, the A/E will recommend corrective or remedial measures.
False: The A/E will not recommend corrective or remedial measures.
CAPG 8.2.2.1
When notified by the contractor of suspected hazardous materials, the A/E may recommend that a qualified expert be employed by:
….the owner.
CAPG 8.2.2.1
The owner is responsible for hazardous materials unless:
….the materials were brought to the site by the contractor.
CAPG 8.2.2.1
Concealed conditions are conditions that:
- are not documented, or
- could not have been observed at the site at the time of the pricing.
CAPG 8.2.2.2
The observing party of the concealed or changed condition is required to ____________
….promptly give formal notice before the condition is disturbed.
CAPG 8.2.2.2
Procedures regarding substitutions proposed after execution of the agreement are described:
….in Division 01.
CAPG 8.3 Intro
Charges for A/E services to evaluate substitutions initiated by the contractor, or to make revisions resulting from a proposed substitution should be:
- addressed in the owner-A/E agreement, and
- added to supplementary conditions or Division 01—General Requirements.
CAPG 8.3 Intro
EJCDC C-700 has a provision that requires _______________ for the engineer’s time in reviewing and evaluating a substitution, whether or not the proposed substitution is approved.
…. the contractor to reimburse the owner
CAPG 8.3 Intro
Whether or not the A/E may consider substitution requests during the construction stage will be stipulated where?
….in Division 01.
CAPG 8.3 Intro
Substitutions should not be considered when:
- The substitution request is made as an RFI.
- The substitution is indicated or implied on shop drawings
- The submitted substitution request has not been reviewed and approved by the contractor.
- Acceptance will require substantial revision of contract documents
- The substitution request does not include an itemized comparison
CAPG 8.3 Intro
Work not complying with the contract documents, which include unapproved substitutions, may be:
….considered defective and be rejected.
CAPG 8.3 Intro
