Chapter 32 - Construction and FF&E Contracts Flashcards

1
Q

Contract documents consist of:

A

Owner-Contractor Agreement
General Conditions of the Contract
Supplementary Conditions of the Contract
Drawings
Specs
Addenda
Any additional docs specifically listed in the agreement
And modifications (i.e. change orders)

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2
Q

Are bidding documents part of the contract documents?

A

no (although they are often bound into the project manual)

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3
Q

Some provisions are common to all contracts and include:

A

a description of the work
the time of commencement and substantial completion
contract sum

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4
Q

________ is defined as the stage in the progress of the work when the work or a designated option thereof is sufficiently complete according to the contract documents so the owner can occupy or utilize the site, though a few minor items may remain to completed or corrected

A

substantial correction

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5
Q

_______ are moneys paid by the contractor to the owner for every day the project is late

A

liquidated damages

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6
Q

if a particular completion date is important to the owner, provisions for ______ may be included

A

liquidated damages

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7
Q

In many cases, a liquidated damage provision is accompanied by a ______

A

bonus provision so the contractor receives a payment for early completion

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8
Q

What is the most pertinent code for designers selling furniture and accessories to clients rather than just selling them?

A

Uniform Commercial Code (UCC)

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9
Q

Furniture and accessories may be shipped by a common carrier, contract carrier, or a private carrier. What’s the difference?

A

common carrier- publiccontract- only provides service to some companiesprivate- companies who own and operate their own trucks and move their own merchandise

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10
Q

If a common carrier is used, the responsibility for the furniture during shipment is _____.

A

whoever has title to the furniture bear the responsibility for damage or loss

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11
Q

There are several ways furniture and accessories are shipped and risk to the either the seller or the buyer is assigned by _____

A

the UCC

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12
Q

What does the term FOB mean?

A

free on board- the manufacturer pays for loading the goods onto a truck or train

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13
Q

is there another method than FOB?

A

no- everything is always FOB

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14
Q

FOB is followed by the word ____ or _____ (give examples)

A

factory or destination Ex: FOB Factory or FOB Los Angeles

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15
Q

What does FOB factory mean?

A

that the title is transferred at the factory.

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16
Q

Who pays the transportation costs and who is responsible for loss or damage during shipment with FOB factory?

A

the buyer (vendor/client/designer) pays the transportation costs manufacturer is not responsible for loss or damage during shipping

17
Q

One goods are consigned to a common carrier at a factory, who does the title pass on to?

A

to the buyer of the goods

18
Q

What is a shipment contract?

A

goods are shipped “FOB Factory” and are insured by the buyer

19
Q

What is FOB factory-freight prepaid?

A

the FF&E vendor owns the furniture, but the supplier pays the shipping charges

20
Q

A _____ is anyone who sells products or services to the interior designer or the client.

A

vendorA vendor may be a furniture dealership, individual furniture company, drapery work room, tradesperson, or similar business.

21
Q

The ____ in an FF&E contract is responsible for ordering, delivery, and installing the goods described in the contract

A

vendor

22
Q

_____ is the detention of a ship in port by the ship owner, or of a railroad car or truck by its owner, beyond the time normally allowed or agreed upon.

A

demurrage

23
Q

Does the interior designer have authority to stop the work or terminate the contract on behalf of the owner?

A

no

24
Q

Does the designer have the authority to require special inspections or testing of the work?

A

yes

25
Q

Can the interior designer recommend that the owner reject work that does not conform to the contract documents?

A

yes

26
Q

The designer reviews shop drawings and other submittals of the limited purpose of ________.

A

checking conformance with the design concept expressed in the contract documents

27
Q

Who prepares change orders for the owner to authorize? This person may authorize minor changes in the work that do not involve adjusting either the contract sum or contract time and that are not inconsistent with the intent of the contract documents.

A

the designer

28
Q

Who conducts a final inspection to determine the dates of substantial completion and final completion?

A

the interior designer

29
Q

Who must provide surveys of the land?

A

the owner

30
Q

To _____ is to secure against loss or damage

A

indemnify

31
Q

Who does an indemnification clause protect?

A

the owner and designer
protects against situations where a person is injured due to the negligence of the contractor or the contractor’s agents. it also protects the owner and architect against claims from property damage other than to the work itself

32
Q

The contract time is the period starting ____ to the time of ______

A

starting date established in the agreementto the time of substantial completion

33
Q

what do change orders primarily cover?

A

contract cost AND contract TIME

34
Q

what types of items are found in supplementary conditions?

A

items that are specific to each client type and project type ex: permission for the ID to give the contractor change orders etc electronically- additional info and services provided by the owner- cost for the interior designer to review the contractor’s requests for substitutions- requirement that a contractor must employ a superintendent to coordinate mechanical and electrical work- provisions for fast track-schedule- reimbursements for extra site visits- more details info on costs and overhead- requirements for liquidated damages and bonuses- additional requirements for bonding and insurance

35
Q

Should an ID change the general conditions or supplementary conditions on their own?

A

no- they should do so with the advice of legal counsel