Clemon's Prep Questions 1 Flashcards
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When preparing specifications relating to moisture control, an architect should rely on:
A. Manufacturer’s literature
B. The local building code
C. Personal judgment and experience
D. All of the above
D. All of the above.
Explanation
When preparing specifications, the architect must review the manufacturer’s literature to determine if the product specified is appropriate for the application. Any specification must at least meet the minimum standards established by the local building code. As with all professional services, the architect must rely on his or her own professional judgment and experience when preparing specifications.
Which type of information is NOT normally contained in the construction drawings?
A. Dimensions
B. Level of quality
C. Quantities
D. Configurations
B. Level of quality
Explanation
Level of quality is determined in the specifications.
PDPG 15.10.5 Quality Established by the Contract
The contract documents establish requirements for the work and procedures for administering the contract. Specifications generally stipulate qualitative requirements and the drawings generally indicate quantitative requirements. Therefore, the major criteria for quality are described in the specifications. Every specification requirement influences the quality of work, which is not always limited to articles that use the word quality. Requirements range from procedural issues to performance criteria and workmanship.
PDPG 11.3.5.6 Specifying Quality Assurance and Quality Control
The agreed upon requirements, extent (scope), time (schedule), and cost (budget) establish the project quality. Specifications generally stipulate qualitative requirements and the drawings generally indicate quantitative requirements…
SPECIFICATIONS. Divisions 02 through 49 are composed of individual sections, each addressing a distinct work results area. The issues and requirements concerning quality assurance and quality control specific to that section are addressed within the specification. The contract documents are so interrelated none of them can stand alone. An examination of Section Format™ will help clarify the interrelationships between the requirements of articles within individual sections in Divisions 02 through 49 and Division 01 specification sections. The requirements in Division 01 are dependent upon provisions in the conditions of the contract.
For example, the articles within a specification that specify various aspects of quality include the following:
PART 1 - GENERAL. Includes articles on administrative matters. The following articles that deal specifically with quality are:
- Administrative Requirements,
- Submittals, and
- Quality Assurance.
PART 2 - PRODUCTS. Includes articles related to the manufacture and fabrication of products. The following articles that deal specifically with quality are:
- Assembly or Fabrication Tolerances,
- Source Quality Control,
- Tests,
- Inspections, and
- Manufacturer Services.
PART 3 - EXECUTION. Covers work performed at the project site. The following articles that deal specifically with quality are:
- Tolerances,
- Field or Site Quality Control.
- Field or Site Tests.
- Field or Site Inspection.
- Manufacturer’s Services.
From CJL / CDs Study Notes
Drawings
- Physical relationship between materials, products, and equipments, (size, quantity-implicitly, dimension, location, configuration)
- Typical sequence of drawings: Title sheet, site and landscape, architectural, structural, mechanical, plumbing, fire protection, electrical, and other special consultant’s sheets
Shop Drawings provide the architect with information on which of the following?
A. Installation details
B. Equipment operating data
C. Color and texture
D. Standard of workmanship
(Hint… eliminate choices to get correct answer.)
A. Installation details
Explanation
Shop drawings show installation details for the actual product to be used in the project. Equipment operating data are indicated in product submittals. Color and texture are shown on the schedules and specifications prepared by the architect and may be repeated on shop drawings. Standard of workmanship is stated in the specs.
PDPG 11.2.4.3 Drawings During Construction
The construction drawings and specifications become contract documents when they are referenced in the executed agreement between the owner and the contractor.
During the construction stage of a project, several types of supplemental drawings are prepared, which are necessary to further illustrate portions of the project. One such drawing is called a shop drawing. Shop drawings are not contract documents. Shop drawings may be prepared by the contractor, subcontractor, or material/equipment supplier and show how a particular aspect of the work is to be fabricated and installed in compliance with the information provided, and the design concept described, in the contract documents. The architect/engineer reviews shop drawings for conformance with the design concept only. This review does not extend to shop fabrication processes, field construction techniques, or coordination of trades.
From CJL / CDs Study Notes
Shop Drawings, Samples, Product Data, and other submittals are not part of the contract documents
Submittals consist of:
- Shop Drawings: They graphically indicate the fabrication and installation of a particular element for a portion of the Work. Shop Drawings are not part of the contract documents. An approved shop drawing does not take precedence over the contract documents
- Samples: are representative of a material’s color, texture, finish, workmanship, etc., and establish physical standards for future work. Shop drawings are not a means for the architect to change the design that will affect cost and/or time. However, minor revisions are acceptable
- Product Data: provide specific information about a product’s performance in the form of charts, brochures, diagrams, or instructions.
A project manual contains:
(Pick all that apply)
A. The drawings
B. The general conditions of the contract for construction
C. The instructions to bidders
D. The sample contract administration forms
E. The bid form
B, C, and D
B. The general conditions of the contract for construction
C. The instructions to bidders
D. The sample contract administration forms
Explanation
A project manual contains the technical specifications and other contractual and administrative documents such as those in choices B, C, and D, but it does not include the drawings although it may contain a list of the drawings.
A201- 2017 General Conditions of the Contract for Construction
The general conditions are an integral part of the contract for construction for a large project and they are incorporated by reference into the owner/contractor agreement. They set forth the rights, responsibilities, and relationships of the owner, contractor, and architect. Though not a party to the contract for construction between owner and contractor, the architect participates in the preparation of the contract documents and performs construction phase duties and responsibilities described in detail in the general conditions. AIA Document A201™–2017 is adopted by reference in owner/architect, owner/contractor, and contractor/subcontractor agreements in the Conventional (A201) family of documents; thus, it is often called the “keystone” document.
When to use
“Umbrella” document for a design-bid-build project
Various design-bid-build agreements refer to and incorporate by reference
Resources
A201-2017 sample
Instruction to bidders:
AIA Document A701TM-2018 is used when competitive bids are to be solicited for construction of the project. Coordinated with AIA Document A201TM, General Conditions of the Contract for Construction, and its related documents, AIA Document A701-2018 provides instructions on procedures, including bonding requirements, for Bidders to follow when preparing and submitting their bids. The type and amount of bonding shall be established on AIA Document A312TM, Payment Bond and Performance Bond. Additionally, Information from AIA Document G612™-2017, Owner’s Instructions to the Architect, Part B: Bidding Procedures should be used to complete A701.
When to use
Establishes project needs for contractor to submit a bid
Resources
A701-2018 sample
Contract Administration Forms
AIA Contract Documents are divided into six alphanumeric series by document use or purpose.
- A-Series: Owner/Contractor Agreements
- B-Series: Owner/Architect Agreements
- C-Series: Other Agreements
- D-Series: Miscellaneous Documents
- E-Series: Exhibits
- G-Series: Contract Administration and Project Management Forms
Resources
All contract documents
From CJL / CDs Study Notes
Typical Project Manual contains technical information and other documents related to legal and procedural requirements assembled by architect or CMA (construction manager as advisor) but architect is most directly responsible for:
1. Title Sheet
2. Signature Sheet
3. Table of Contents
4. Instruction to Bidders (AIA - A701)
5. Bid Forms
6. General Conditions of the Construction Contract (AIA- A201) & Supplementary Conditions (AIA - A511) & in some cases, Special Conditions
7. Proposed Owner – Contractor Agreement ( AIA - A101)
8. Sample forms (AIA - A312 – G702 – G703 – G704 – G707 – G707A)
9. List of drawings
10. Index to Specification
11. Specifications (1-49)
All of the following statements about descriptive specifications are true except:
A. They describe desired end results
B. They make the architect responsible for proper performance of the specified items
C. They explain all components of the specified items in detail
D. They describe the arrangement and assembly of the components of the specified items
A. They describe desired end results.
Explanation
Specifications that describe the desired end result are performance specifications. The other options are all true regarding descriptive specifications.
PDPG 11.3.7.1 Descriptive Specifications
A descriptive specification is a detailed description of the required properties of a product material, or piece of equipment and the workmanship required for its installation. Proprietary names of manufacturers are not used. The burden of performance is assumed by the architect/engineer when a descriptive specification is used. Once widely preferred, the descriptive method is being used less frequently as projects become more complex and as better reference standards become available. Writing a descriptive specification is a lengthy and tedious process.
PDPG 11.3.7.2 Performance Specifications
A performance specification is defined as a statement of required results with criteria for verifying compliance, but without unnecessary limitations on the methods for achieving the required results.
- A STATEMENT OF REQUIRED RESULTS. Desired end results must be specified; an incomplete performance specification results in a major loss of quality control over the materials, equipment and workmanship going into a project.
- WITH CRITERIA FOR VERIFYING COMPLIANCE. Criteria for measuring, testing, evaluating, or other acceptable assurances are required before production, at the time of production, in place at the site, or after a period of service.
- WITHOUT UNNECESSARY LIMITATIONS ON THE METHODS FOR ACHIEVING THE REQUIRED RESULTS. Only essential restrictions are placed on the system; limitations on the means should be avoided.
From CJL / CDs Study Notes
Descriptive specification: They describe all components and products, their arrangement and method of assembly, physical and chemical properties, arrangement and relationship of parts, and numerous other details and requirements. This specification must be avoided if possible due to substantial liability.
Cash allowance specifications:
A. Require the contractor to set aside money in the bid to be applied to the cost of an item of work once the level of quality is known
B. Provide that the owner will obtain a discount for construction materials he or she purchases with cash
C. Provide that the owner will be rebated a cash amount for each specified item that the contractor can buy at a discount
D. Establish a fixed price for each unit of material so that a final bid amount can be calculated once quantities are known
A. Require the contractor to set aside money in the bid to be applied to the cost of an item of work once the level of quality is known.
PDPG 13.8.1.1 Cash Allowances
The cash allowance is a monetary sum specified by the architect/engineer and included in the cost of the work to pay for products that are unspecified at the time of pricing. A cash allowance allows pricing to proceed before all products have been selected and documented in the design.
For example, if brick has been determined as a building shell component but the size, type, and color have not been selected, the construction and supplier teams cannot accurately determine the material price. In the absence of complete information, the architect/engineer can request that the bidder include a predetermined sum in the construction price for the purchase of brick, thus postponing the selection but not delaying pricing procedures. When the actual selection is made, the contractor will be required to submit a price for the specified brick, and an adjustment will be made by change order in the contract sum to account for the difference between the actual price and the allowance sum.
Traditionally, cash allowances are intended to be used for purchasing the product, with labor costs, overhead, and profit included in the cost of the work over and above the cash allowance sum. The description of each allowance should state exactly the allowance sum and how it will be expended.
When using a cash allowance, the architect/engineer should clearly specify which of the following costs are to be included in the allowance:
- Product cost,
- Taxes,
- Delivery, storage, and handling costs,
- Installation labor,
- Overhead,
- Profit, and
- Performance and payment bond cost.
When to Use Cash Allowances. Cash allowances should be avoided if their use is the result of the failure of the owner or architect/engineer to make necessary decisions before issuing procurement documents. Cash allowances should not be used to postpone decisions. However, when necessary, cash allowances do offer unique advantages and may be best for the following:
- Items that cannot be designed or selected until the project is partially complete, including murals, sculptures, furnishings and accessories, and landscaping.
- Items such as testing, the magnitude of which can be determined only during construction.
- Acceleration of the design schedule when the benefit outweighs the potentially higher cost involved with items purchased with cash allowance funds.
Disadvantages of Cash Allowances. Cash allowances can be problematic. Although they establish the product price, the bidders are, to some degree, blindly pricing installation. Some products satisfying the cash allowance description can be installed at less cost than others. This applies particularly to brick, hardware, and some kinds of equipment. Hardware selections, for instance, will affect hardware preparation cost for doors and frames.
Cash allowances have other disadvantages that almost always increase project costs. They effectively suspend competitive bidding on the specified product. When they are used in place of a detailed specification, they also deprive the bidders of essential information. For example, if the documents are not clear about the exact type, size, and quantity of products that will be purchased under the terms of an allowance, installation labor and the effect of the products on interfacing construction may be difficult for the contractor to price accurately. This can lead to disputes and cost-related claims. For example, labor costs to install jumbo brick and standard modular brick differ.
It is important to estimate cash allowance sums accurately. When the final cost differs considerably from the cash allowance, project stakeholders and participants can suffer financially. If a cash allowance is unrealistically high, the contractors percentage of overhead and profit is proportionately high and becomes an unfair expense to the owner. If it is set too low, the overhead and profit percentage are low and become an unfair burden to the contractor.
From CJL / CDs Study Notes
Cash allowance specification: They are used when full information on levels of quality has not been determined or are not available at the time bids are solicited. Cash allowances may be used for the purchase and delivery of the product only.
Reference specifications are:
A. Comprehensive specification checklists to which an architect refers at the start of each new job
B. Used by architects to refer contractors to federal or other standard specifications that are to apply to work on the project
C. Proprietary systems like Masterspec to which architects may subscribe
D. Useful because they do not have to be updated once the initial research is done.
B. Used by architects to refer contractors to federal or other standard specifications that are to apply to work on the project.
Explanation
Reference specifications that are incorporated into the project specifications by reference, not by actual text.
PDPG 11.3.7.3 Reference Standard Specifications
As discussed in Chapter 6, a reference standard is a document established by consensus that provides rules, guidelines, or characteristics for activities or their results. Standards are incorporated by reference into the specifications and thus become commonly known as reference standards. They are published by trade associations, professional societies, standards-writing organizations, governmental agencies, and institutional organizations. Typical authors are architects, engineers, scientists, technologists, manufacturers, and product users who are knowledgeable about a reference standard subject. Where applicable, use standards listed in the model or local codes to ensure acceptability with the authority having jurisdiction.
Reference standards are incorporated into the specifications by referring to a number, title, or other designation. The provisions of standards so referenced become a part of the specifications just as though included in their entirety. Their incorporation into the specifications by reference saves the architect/engineer the work of writing an elaborate and lengthy text. Accompanying these benefits are some liabilities:
- Inadequate reference standards coexist with stringent ones. Reference standards can create duplication and contradiction within the contract documents.
- Reference standards can contain embedded options.
- Reference standards generally refer to minimum requirements. Reference standards might contain undesired requirements.
- Various authorities having jurisdiction may enforce different editions of the same standard, which might have conflicting requirements.
From CJL / CDs Study Notes
Reference specification: Refer to quality standards established by recognized testing authorities or by federal government such as UL (Underwriters’ Laboratories), ASTM (American society for testing and materials), and ANSI (American national standards institute). They are usually used in conjunction with other types of specifications.
All of the following statements about performance specifications are true except:
.
A. They include test parameters for the items specified
B. They make the contractor responsible for proper performance of the specified items
C. They explain all components of the specified items in detail
D. They are best used for new or unusual situations
C. They explain all components of the specified items in detail.
Explanation
Descriptive specifications explain all components of the specified items in detail (C).
Statements A, B, and D correctly describe performance specifications.
PDPG 11.3.7.1 Descriptive Specifications
A descriptive specification is a detailed description of the required properties of a product material, or piece of equipment and the workmanship required for its installation. Proprietary names of manufacturers are not used. The burden of performance is assumed by the architect/engineer when a descriptive specification is used. Once widely preferred, the descriptive method is being used less frequently as projects become more complex and as better reference standards become available. Writing a descriptive specification is a lengthy and tedious process.
PDPG 11.3.7.2 Performance Specifications
A performance specification is defined as a statement of required results with criteria for verifying compliance, but without unnecessary limitations on the methods for achieving the required results.
- A STATEMENT OF REQUIRED RESULTS. Desired end results must be specified; an incomplete performance specification results in a major loss of quality control over the materials, equipment and workmanship going into a project.
- WITH CRITERIA FOR VERIFYING COMPLIANCE. Criteria for measuring, testing, evaluating, or other acceptable assurances are required before production, at the time of production, in place at the site, or after a period of service.
- WITHOUT UNNECESSARY LIMITATIONS ON THE METHODS FOR ACHIEVING THE REQUIRED RESULTS. Only essential restrictions are placed on the system; limitations on the means should be avoided.
From CJL / CDs Study Notes
Performance specification: Define products or systems by describing desired end results that are performance oriented. It is used when new, unusual products are required or when innovation is necessary.
Which type of information is not normally contained in construction specifications?
A. Level of quality
B. Quantities
C. Desired performance
D. Installation methods
B. Quantities
Explanation
Level of quality, desired performance, and installation methods are contained in the specs, but quantities are determined from the drawings.
PDPG 15.10.5 Quality Established by the Contract
The contract documents establish requirements for the work and procedures for administering the contract. Specifications generally stipulate qualitative requirements and the drawings generally indicate quantitative requirements. Therefore, the major criteria for quality are described in the specifications. Every specification requirement influences the quality of work, which is not always limited to articles that use the word quality. Requirements range from procedural issues to performance criteria and workmanship.
From CJL / CDs Study Notes: Specifications
Compiled by CSI (construction specification institute). They are part of thencontract documents and they are legal documents. Complementary to drawings. They describe in writing the requirements for quality, desired performance, technique and method of installation. They are organized in Divisions, Sections, and Parts (general, material, execution). Specifications take precedence over drawings if there is an inconsistency or ambiguity, only if specifically mentioned in supplementary conditions. If not, the contractor must ask the architect for clarification in writing.
- General: deal with the scope of the section. It describes related work, definitions, quality control, submittals, and guarantees/warrantees
- Material: lists and describes the materials, products, and equipments to be used
- Execution: details the manner in which products and materials will be installed and work performed
When evaluating substitutions proposed by the contractors, an architect should consider all of the following factors except:
A. The terms of the warranty
B. Code compliance
C. Projected maintenance costs
D. Equipment required for installation
D. Equipment required for installation.
Explanation The warranty (A), code compliance (B), and maintenance costs must be comparable for a product to be approved as a substitute for a specified product. Installation equipment is not considered by the architect, although if the in–place cost of the product is reduced, the savings may accrue to the owner if the substitution is approved.
PDPG 15.11.3.2 Evaluation of Substitution Requests
- A number of items should be considered when evaluating substitutions. The first and foremost of these is whether the proposed substitution meets the requirements of the contract documents. These include the product, the manufacturer, the installation, operating costs, maintenance costs, and warranty concerns. Equipment operating costs such as energy demands, replacement part life cycles, and routine maintenance costs are all factored into the evaluation process.
- There is no substitute for a complete review of the proposed deviation from original contract requirements. A request for approval of a curtain wall system requires considerably more attention and time than a request for approval of a towel dispenser. If a request is submitted with inadequate documentation, the request should be rejected and returned for resubmittal. It is the responsibility of the entity requesting the substitution to research and document the substitution to prove equivalency.
- The architect/engineer determines the acceptability of proposed substitutions and should review valid requests with reasonable promptness. The decision to approve or reject a requested substitution should be indicated on a substitution request form. Rejection of the proposed substitution usually requires use of the specified product. Most owners and most courts will hold the architect/engineer, not the proposer of the substituted product, to be responsible as the ultimate judge. A simple principle applies to the architect/engineer: the same liability exists whether a product is specified or it is accepted as a substitution.
From CJL / CDs Study Notes
The contractor may make substitutions only with the consent of the owner after the evaluation by the architect and in accordance with a change order or construction change directive.
Whichof the following statements concerning master specifications is FALSE?
A. They tend to reduce repetitive clerical work
B. They are usually edited by adding appropriate sections
C. They can be difficult to keep accurate and up to date
D. They make initial draft specifications available early in a project’s development
B. They are usually edited by adding appropriate sections.
Explanation
Master specifications and generally edited by eliminating information that does not apply to the project, not by adding information
From PDPG 11.3.10 Master Guide Specifications
A master guide specification ideally would include the types of items typically utilized for most projects. Each master guide specification section should include text written in a consistent style covering typical requirements and should also list possible options and choices. Instructional notes may be included and should provide direction, guidance, and notice of required decisions. The architect/engineer edits selected master guide specification sections to suit the particular project. Paragraphs and articles that do not apply are deleted.
Proprietary specifications
A. Are supplied by product manufacturers on loose sheets of paper for architects to bind into project manuals
B. Are usually open, but may be closed on private projects
C. Contain full technical data on products specified
D. Contain no trade names
B. Are usually open, but may be closed on private projects.
Explanation
Proprietary specifications list one or more acceptable products by name. An open proprietary specification allows equivalent products not listed to be provided, while a closed proprietary specification allows only those products listed to be provided.
PDPG 11.3.7.4 Proprietary Specifications
Proprietary specifications identify the desired products by manufacturers name, brand name, model number, type designation, or other unique characteristics. When a manufacturer’s name is not stated, a specification is considered proprietary when the product specified is available from only one source.
- Advantages of proprietary specifications are as follows:
- Product selection can be closely controlled.
- More detailed and complete drawings can be prepared based on precise information obtained from selected manufacturer’s product data.
- Reduced cost and time benefits may be obtained from use of shorter specifications and reduced drawing production effort.
- Bidding may be simplified by narrowing competition and removing product pricing as a major variable.
- Disadvantages of proprietary specifications include the following:
- Competition for products is reduced or eliminated.
- Products may be specified with which the contractor may have had little or an unfavorable experience.
- Certain products and manufacturers may be favored over others.
- An error might occur when specifying model or product designations.
CLOSED AND OPEN PROPRIETARY SPECIFICATIONS. Proprietary specifications can be either dosed or open, and there are fundamental differences between them.
- CLOSED PROPRIETARY SPECIFICATION. The closed proprietary specification permits the design to be completed to a high level of detail. This reduces variables and promotes accurate pricing: however, it does not offer protection against possible higher costs. The supplier of a specified proprietary product could take unfair advantage of being the sole source and increase the price of the product. A closed proprietary specification can list one product or name several products as options. In either case, substitutions are not allowed.
-
OPEN PROPRIETARY SPECIFICATION. Open proprietary specifications may alleviate the problem of overpriced sole-source items.
- Requested Alternates. There are several ways that proprietary specifications can be opened to allow alternate products. One method is to request proposals for alternate products. This form of proprietary specification defines the materials in the same way as a closed specification (i.e., only one brand is named for each material or item of equipment specified). Alternates to the specified products are named in the specification. The terms alternate and substitute are often misused. An alternate is something that is named for which alternative pricing is requested: a substitute is something that is requested to replace an item as specified.
- Proposed Substitutions. This form of open proprietary specification is prepared in much the same way as a specification requesting alternates. However, no alternates are named in the specifications. The bid or proposal must be based on the specified materials, but the bidder or proposer is permitted to submit requests for substitutions, provided the bidder or proposer indicates the difference in cost that will result if the substitutions are accepted.
- Controlled Substitutions. In this type of open proprietary specification, specific products are named but substitutions are allowed under specified procedures. A requirement may be met with the specified item or by a similar product that is not necessarily identical but that is alike with respect to performance. This method saves time during the development of a specification because only one product needs to be investigated and specified for each requirement. The principal problem associated with this type of proprietary specification is that attempts are often made to substitute materials of different characteristics or requirements than those specified.
SELECTION OF PROPRIETARY METHODS.There are many useful proprietary techniques that consider the bidders or proposers right to select products. Closed methods generally give the bidder or proposer little or no choice. Open methods give the bidders or proposers a wide choice.
The acceptance of substitutions opens the project to the possibility of accepting unknown and perhaps inferior products. If the specified item is part of a vital system, the situation may call for a proprietary specification prohibiting substitutions entirely. However, if keen competition and low construction cost are more important than completely assured performance, then substitutions should be permitted.
Open specifications generally place a greater workload on the architect/engineer, increasing in direct proportion to the degree of choice available to the bidders or proposers. From the standpoint of reducing the design and specifying effort the closed proprietary method is best Because only one product is named for each application, the drawings and specifications can be completed quickly and precisely. There is no need to accommodate several combinations or construction options.
When substitutions are allowed, competition is keenest. Material costs are nearly certain to be less, but this method is conducive to permitting products of lesser requirements. The apparent savings can easily be lost through subsequent high maintenance and replacement costs. A proprietary designation establishes a basis for determining quality, including performance, appearance, and cost A proprietary name also establishes that the architect/engineer has considered the characteristics of the specified product has decided upon its incorporation into the project and has used its dimensions in the drawings. Any coordination effort resulting from the use of a contractor proposed substitution should be the responsibility of the contractor.
NONRESTRICTIVE SPECIFICATIONS
Nonrestrictive specifications may be developed from descriptive, performance, reference standard, or proprietary specifications or from a combination of these four methods.
Descriptive and performance specifications can easily be used for nonrestrictive specifications. However, care must be taken to ensure that descriptive and performance requirements can be met by several manufacturers or suppliers. Failure to do so will make the specifications restrictive, even though a proprietary name has not been used.
A proprietary specification masquerading as a performance specification is not nonrestrictive. The architect/engineer may delete the identifying name of the product and then list the salient qualities verbatim from the manufacturer’s literature as product requirements. Without any ranges of characteristics and performance being given, this method results in a fully proprietary, closed specification and is not a suitable solution for a nonrestrictive project.
From CJL / CDs Study Notes
Proprietary specification: Defines the use of desired materials, products, systems, and equipments by their trade names and model numbers.
- Open proprietary specification: Names several (usually 3) acceptable materials, products, or systems. Contractors may use any one of them. They are most often used on public-funded projects because they promote competition If the specs include an approved equal clause, the contractor is allowed to substitute to products of equal quality and performance if reviewed and approved by the architect. The architect approves based on aesthetics intent, impact on cost, compliance with codes, etc.
- Closed proprietary specification. Requires a particular brand or trade name for one product, and do not permit substitution.
Select the correct statement concerning shop drawings.
A. They are prepared exclusively by the general contractor and submitted to the architect for review
B. In the case of discrepancy between the shop drawings and the contract documents the shop drawings will prevail
C. They are usually prepared by fabricators and submitted to the general contractor and architect for review
D. An architect must carefully check dimensions and quantities shown on shop drawings, because approving the shop drawings implies that dimensions and quantities are accurate
C. They are usually prepared by fabricators and submitted to the general contractor and architect for review.
Explanation
Answer A is incorrect because shop drawings are usually prepared by fabricators. The AIA General Conditions state that shop drawings do not supersede the contract documents. The AIA General Conditions specifically place the responsibility for checking dimensions and quantities on the contractor.
AIA A201
3.12.6 By submitting Shop Drawings, Product Data, Samples and similar submittals
By submitting Shop Drawings, Product Data, Samples, and similar submittals, the Contractor represents to the Owner and Architect that the Contractor has (1) reviewed and approved them, (2) determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and (3) checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents.
- Commentary*
- Note 1: The mere act of submitting shop drawings, product data, samples or similar submittals is a representation to the owner and architect that, among other listed things, the contractor has approved them.*
Note 2: The initial burden is on the Contractor. The Contractor is to review the Contract Documents and provide the Submittals to the Architect in accordance with the submittal schedule approved by the Architect or, if there is no schedule, “with reasonable promptness” to avoid delays. The Contractor is also making a representation to the Owner and Architect that its submittals have been reviewed, that all field measurements have been determined, and that the submittal is consistent with the Contract Documents. Once the Contractor has made the submittal, A201, 3.12.7 requires the Contractor to wait for approval before beginning any work associated with the submittal.
– “The AIA 201: General Conditions” by Author: Wade B. Gochnour, Esq. Organization: Howard & Howard.
LEED stands for:
A. Low energy environmental developer
B. Leadership in Energy Efficient Design
C. Leadership in Energy and Environmental Design
D. Lighting, Electricity, and Environmental Dynamics
C. Leadership in Energy and Environmental Design
From PDPG 10.5.4.4 Sustainability
When products are evaluated by the sustainability criteria, the evaluation may require the selection of products that comply with the sustainability principles of a selected green building rating system. The Leadership in Energy and Environmental Design (LEED) rating program is based on the following categories of environmental goals:
- Sustainable sites,
- Water efficiency,
- Energy and atmosphere,
- Materials and resources,
- Indoor environmental quality, and|
- Innovations in design.
LEED is sponsored by:
A. NIBS
B. USGBC
C. ASHRAE
D. CSI
B. USGBC
Explanation
The USGBC, the ASHRAE provides established standards by which building performance is measured, but the USGBC sponsors’ the program
From PDPG 9.10.1 Sustainable Design and Construction Best Practices
Once voluntary, sustainable design approaches are being adopted as part of the building codes of local authorities having jurisdiction, and as regulations of federal and state authorities having jurisdiction. In addition to the various green building application programs like the U.S. Green Building Council’s (USGBC) Leadership in Energy and Environmental Design (LEED) program which may be adopted as a part of a building code, the entrance of sustainable design approaches into building codes and regulations is also reflected in the International Green Construction Code developed and published by International Code Council.
According to the AIA documents, which of the following are NOT considered a part of the construction contract documents?
(Pick all that apply)
A. Specifications
B. Addenda
C. Shop Drawings
D. Owner Architect Agreement
E. Supplementary Conditions
C and D
C. Shop Drawings
D. Owner Architect Agreement
Explanation
Subparagraph 3.12.4 of the AIA General Conditions specifically states that shop drawings are not contract documents. The architect’s rights and responsibilities during construction phase are referenced in the AIA General Conditions of the Contract Construction, but the contractor is not a party to the Owner-Architect Agreement. Subparagraph 1.1.1 of the AIA General Conditions specifically includes the specifications, addenda, and supplementary conditions as part of the contract documents.
- AIA A201
3. 12.4*Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. Shop Drawings, Product Data, Samples, and similar submittals are not Contract Documents. Their purpose is to demonstrate how the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents for those portions of the Work for which the Contract Documents require submittals. Review by the Architect is subject to the limitations of Section 4.2.7. Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. Submittals that are not required by the Contract Documents may be returned by the Architect without action.
Commentary
The purpose of these submittals is to illustrate how the contractor intends to implement the architect’s design. Because the owner may not have the opportunity to agree with changes incorporated into shop drawings, product data or samples, the submittals from the contractor to the architect cannot represent the mutual agreement of the parties to the same degree as the contract documents.
- Occasionally, shop drawings, product data, samples or other submittals will be sent to the architect as a matter of routine even though the contract documents do not require them. In that event, the architect is not obliged to review or take other action with regard to them.*
- Product Data are usually taken from catalogs and other materials supplied by manufacturers for their standard products. Generally, they are not specially prepared for the project, but are often marked to highlight the specific model or style of product that will be used on the project. Administrative procedures for handling these submittals should be included in Division 1 of the specifications.*
1.1.1 The Contract Documents
The Contract Documents are enumerated in the Agreement between the Owner and Contractor (hereinafter the Agreement) and consist of the Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include the advertisement or invitation to bid, Instructions to Bidders, sample forms, other information furnished by the Owner in anticipation of receiving bids or proposals, the Contractor’s bid or proposal, or portions of Addenda relating to bidding requirements.
Commentary
Note 1: The Contract Documents defined here generally apply to the owner-contractor contract. In addition, specific parts of the contract documents, mainly the General Conditions (i.e., A201) are adopted (usually by reference) into other contracts. This serves to coordinate the legal relationships on the project. Some public owners require that the bidding requirements be included in the definition of the contract documents. This may create conflicts or ambiguities with the other documents that comprise the contract. This problem can be avoided if the bidding requirements are superseded when the contract for construction is awarded. If statutorily required contract language is contained in the bidding requirements, such language can be included in the supplementary conditions.
- Note 2: 1.1.1 defines the Contract Documents. It includes the chosen Agreement form between the Owner and Contractor; the Conditions, including the General Conditions, supplementary or other conditions; the Drawings; the Specifications; any Addenda issued before execution of the Contract; as well as any Modifications (Change Orders) issued after execution of the Contract. 1.1.1 also excludes certain items from the Contract Documents. These include any invitations to bid, bidder instructions, sample forms, and the bids and proposals received.*
- Identification of all documents to be included in the Contract Documents is important so that the parties each know which documents and materials describe the project and set out the obligations of each party. 1.1.1 includes many of the documents necessary for the construction of the project. However, 1.1.1 does not include designs prepared by or on behalf of the Contractor, such as shop drawings. Owners and Contractors should make sure that the A201 sets forth all of the documents and materials that should be included as part of the Contract Documents upon which their performance will be based, whether existing now or created later.*
- One key issue to define is the priority of the various documents. It is not uncommon to find inconsistencies between the Contract Documents. This issue is partly addressed by 1.2.1, which states that the intent of the Contract Documents is to be complementary, so that any item required by one document will be required by all of the documents. Defining the order of precedence will help to avoid unnecessary delays and disagreements.*
- Note 3 on 2017 vs. 2007: The last sentence of this section has been modified to recognize that portions of Addenda relating to both bidding and proposal requirements are excluded from the Contract Documents unless agreed otherwise. Previously, the document only specifically excluded portions of Addenda relating to bidding requirements.*
____ assures an owner that the contractor will execute the work in accordance with the contract.
Performance Bond
Explanation
A performance bond guarantees proper execution of the work by the contractor. Conversely, a payment bond guarantees payment to the subcontractors by the prime contractor.
PDPG 12.4.5 Performance Bond
A performance bond provides the most important protection for the owner by guaranteeing that if the contractor defaults, the surety will either complete the contract in accordance with its terms or provide sufficient funds, up to the penal amount of the bond, to fund such completion.
If there is a default and the owner makes a demand upon a surety to perform under the terms of the performance bond, the surety will investigate the owners claim against the contractor. This investigation will include examining both the owner’s and the contractor’s positions and making an independent analysis of the situation. Once the validity of the claim has been established, the surety has several options as to how it will fulfill the bond obligation that includes the following:
- If the contractor’s work is satisfactory and the problems are only financial, the surety may choose to finance the contractor to complete the project. Under this option, the surety provides funds to the contractor so that the contractor can pay subcontractors and suppliers, buy materials, make payroll, and take other steps necessary to complete the project.
- If the owner has terminated the contract, the surety can complete the project by taking over the work itself and hiring another contractor, or by arranging for a completion contractor to work directly for the owner.
- The surety may also leave it up to the owner to finish the project and pay the difference between the balance left in the original contract and the actual cost of completion.
PDPG 12.4.6 Payment Bond
A payment bond, sometimes referred to as the labor and materials payment bond, guarantees subcontractors, material suppliers, and others providing labor, material, and equipment to the project will be paid. This promise benefits the owner because it protects against mechanic’s liens and delays caused by unpaid subcontractors and suppliers. The payment bond generally provides for payment not only to parties employed by or in direct contractual relationship with the contractor but also to sub-subcontractors and suppliers to subcontractors.
PDPG 12.3.2.1 00 61 00 Bond Forms
00 61 13 Performance and Payment Bond Form
When bonds are required by the owner, it is customary to provide the particular form that will be required.
Standardized forms regarding performance and payment bonds include the following:
- AlA A312, Performance Bond and Payment Bond.
- ConsensusDocs® 260, Performance Bond.
- ConsensusDocs® 261, Payment Bond.
- ConsensusDocs® 470, Performance Bond (Surety is Liable for Design Costs of Work).
- ConsensusDocs® 471, Performance Bond (Surety Not Liable for Design Costs of Work).
- ConsensusDocs® 472, Payment Bond (Surety is Liable for Design Costs of Work).
- ConsensusDocs® 473, Payment Bond (Surety Not Liable for Design Costs of Work).
- EJCDC C-610, Construction Performance Bond.
- EJCDC C-615, Construction Payment Bond.
- EJCDC D-610, Design/Build Contract Performance Bond.
- EJCDC D-615, Design/Build Contract Payment Bond.
- EJCDC P-610, Suggested Performance Bond for Procurement Contracts.
- EJCDC P-615, Payment Bond for Procurement Contracts.
From CJL / CDs Study Notes
AIA A312 - PERFORMACE BOND: A surety bond obtained by the contractor guaranteeing to the owner that the contractor will perform the work in accordance with the contract documents. Performance bond amount is normally 100 % of the contract documents. The decision to eliminate the requirement for a performance bond should be made by the owner only after consultation with his/her attorney and/or advisors.
AIA A312 - PAYMENT BOND: A surety bond guaranteeing to the owner that obligations arising out of the contract documents will be paid or satisfied
During the course of construction, liability insurance should be maintained by:
(Pick all that apply)
A. Mortgagee
B. Trade unions
C. Surety company
D. Owner
E. Contractor
D and E
D. Owner
E. Contractor
PDPG 12.5.1 Liability Insurance
Liability policies protect the named insured from losses arising out of legal liability to others caused by the insured’s activities. Liability policies do not cover damage or loss of the insured’s products, machinery, or equipment. Coverage is effective only at the project site. General conditions usually require the contractor provide liability insurance because it is the contractor who is responsible for activities at the project site.
12.5.1.1 Workers’ Compensation Insurance
Workers’ compensation insurance provides protection to an employee by an employer in accordance with a statutory no-fault/limited liability agreement. Under workers’ compensation laws, some form of which exists in all states, employers must compensate their employees for employment related injuries, regardless of fault. The employee, in return, cannot bring legal action against the employer for compensation for more than the statutory amount. Compensation includes reimbursements for medical costs and for lost wages, as well as a specific amount for certain permanent injuries. Without workers’ compensation insurance, the employer does not have the protection of the state law and may be sued by the employee for unlimited damages.
12.5.1.2 General Liability Insurance
Under a general liability policy, often called public liability insurance or commercial general liability insurance, the insurance company agrees to pay all sums for which the insured becomes legally obligated to pay as damages. The insurance company also agrees to provide legal defense in any related suits brought against the contractor.
The terms comprehensive general liability and commercial general liability are both used to describe broad-based liability insurance, and there are two types of coverage:
- OCCURRENCE-TYPE COVERAGE. Protection under the policy is fixed when the occurrence causing the damage is known. The policy must have been in force at the time of the occurrence, but need not have been in effect at the time the claim was made. Coverage remains effective after construction for claims resulting from the construction process. This type is easier to monitor and enforce, and provides better protection for the owner.
- CLAIMS-MADE TYPE. Protection under the policy is provided when the insurance is continuously in force from the time of the occurrence to the time of the claim. Claims-made coverage is seldom used for construction projects because of problems with keeping the policy in force long after the project is completed.
When required by particular construction risks, certain important additions to the general liability coverage are advisable. In its basic form, the comprehensive general liability policy has an exclusion usually called the XCU exclusion, which is an abbreviation for explosion, collapse, and underground damage. Removal of this exclusion is required to provide coverage for claims arising from blasting, collapse of structures due to excavation or removal of shoring or support, and underground damage caused by mechanical excavation.
It is also in the owner’s best interest to require the contractor to provide personal injury coverage.
When required by particular construction risks, certain important additions to the general liability coverage are advisable. In its basic form, the comprehensive general liability policy has an exclusion usually called the XCU exclusion, which is an abbreviation for explosion, collapse, and underground damage. Removal of this exclusion is required to provide coverage for claims arising from blasting, collapse of structures due to excavation or removal of shoring or support and underground damage caused by mechanical excavation. It is also in the owner’s best interest to require the contractor to provide personal injury coverage.
The commercial general liability policy is one that combines several coverage aggregates into a single general aggregate, which is the maximum amount that will be paid under the policy. The general aggregate may be modified to apply to each individual project and the requirement for this modification should be identified in the supplementary conditions.
Six separate limits of liability are covered in commercial general liability policies. Following is the explanation of each of the six limits as contained in the Guide to Construction Insurance published by International Risk Management Institute (IRMI):
- GENERAL AGGREGATE LIMIT. Places an aggregate limitation on what the policy will pay for all medical expenses, personal/advertising injury, bodily injury, and property damage claims within the policy period.
- PRODUCTS/COMPLETED OPERATIONS AGGREGATE. Places an aggregate limitation on the amount of insurance available to cover any products/completed operations claims.
- PERSONAL AND ADVERTISING INJURY LIMIT. Constitutes the maximum insurance available to pay a claim for personal injury or advertising injury. The insurance available is further limited by the general aggregate limit.
- EACH OCCURRENCE LIMIT. Places a limitation on the amount of insurance available to pay bodily injury, property damage, and medical expense claims arising out of any one occurrence, subject to the general policy aggregate.
- FIRE DAMAGE LIMIT. Limits the amount of insurance available to pay for property damage (to premises rented to the insured) caused by any fire, subject to each occurrence limit as well as the general aggregate limit.
- MEDICAL EXPENSE LIMIT. Represents the amount of insurance available to pay for all medical expenses arising from bodily injury sustained by any one person.
12.5.1.3 Automobile Insurance
Ownership and operation of motor vehicles is one of the more risky business operations. From a contractors standpoint, the liability for operation of owned or non-owned automobiles, including rented or hired vehicles, is generally secured through a business automobile coverage form. Where use of aircraft or water vessels is contemplated, the owner should require appropriate liability coverage for both the owned and non-owned vehicles.
12.5.1.4 Owner’s Protective Liability Insurance
The general liability insurance policy regularly carried by the owner for normal operations may not include construction risks. Additional coverage, called owners protective insurance, may be appropriate to cover the same hazards as those covered by the contractors general liability insurance. It should include coverage for liability from claims arising from the contractors operations and the owners duties with respect to the construction project.
The contractor can be required to obtain the owners protective insurance. The owners interests are better served, and obtaining coverage from the contractors carrier rather than the owners carrier minimizes conflicts between insurance policies.
From CJL / CDs Study Notes
WORKERS’ COMPENSATION insurance
May be purchased by the Contractor, and architect. A201 requires the contractor to purchase it. By law, all employers must carry this insurance to protect employees in case of job-related injuries. It covers the liability of the employer, architects, consultant, and contractor to the employees for injury or sickness as a result of their employment. The premiums for the insurance are included in the contractor’s overhead costs and are therefore reflected in the bid prices The employer who is required to pay the worker’s compensation insurance premium is given immunity from a separate lawsuit by the worker who collects the insurance benefit after an injury. However, the worker is not precluded from suing any other party who might have been responsible for the injury. They are called third party suits.
General LIABILITY insurance
May be purchased by the contractor, owner, architect, and consultant. A201 requires the contractor and owner to purchase it. It protects from claims for damages for bodily injury, sickness, disease or death of the contractor’s employee or any other person. Professional liability/errors and omissions, is a form of liability insurance.
PROFESSIONAL LIABILITY / errors and omissions insurance
May be purchased by Contractor, Architect, and Consultant. Covers the liability of insured professionals against claims caused by errors, omissions, or negligence to meet the standard of care expected from a professional. This coverage does not provide for intentional wrongful acts
AUTOMOBILE LIABILITY insurance
May be purchased by the contractor. It covers liability assumed by contract. It is primarily Indemnification/hold harmless clause, wherein contractors agree to old owners and architects harmless from damages arising out of specified events.
Where provisions for liquidated damages would normally be found:
A. The Owner Contractor Agreement
B. General Conditions of the Contract for Construction
C. Additive Alternates to the Contract
D. Proposal form and Instruction to Bidders
A. The Owner Contractor Agreement
Explanation
The AIA Owner Contractor Agreement instruction sheet advises the parties to include the amount of damages due for each day lost in Paragraph 3.3 of the Agreement or in the Supplementary Conditions.
- 3.3 Supervision and Construction Procedures*
- 3.3.1* The Contractor shall supervise and direct the Work, using the Contractor’s best skill and attention. The Contractor shall be solely responsible for, and have control over, construction means, methods, techniques, sequences, and procedures, and for coordinating all portions of the Work under the Contract. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences, or procedures, the Contractor shall evaluate the jobsite safety thereof and shall be solely responsible for the jobsite safety of such means, methods, techniques, sequences, or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely notice to the Owner and Architect, and shall propose alternative means, methods, techniques, sequences, or procedures. The Architect shall evaluate the proposed alternative solely for conformance with the design intent for the completed construction. Unless the Architect objects to the Contractor’s proposed alternative, the Contractor shall perform the Work using its alternative means, methods, techniques, sequences, or procedures.
Commentary
AIA Document A201, Sec. 3.3.1, states that the contractor is solely responsible for the means and methods of construction. In this case, the contract documents call for a specific procedure in order to achieve the architect’s aesthetic objectives. The contractor’s responsibility in this situation is to review the recommendations and evaluate the implications for jobsite safety. If the recommendation poses no threat, the contractor will proceed accordingly. If the contractor determines that the procedures required may create an unsafe situation, the contractor must give timely written notice to the owner and architect and propose an alternative way of accomplishing this work and achieving the design intent. If the architect has no objection to the contractor’s proposal, the contractor may then perform the work according to these alternative means and methods. – Kaplan, Inc.
- “Means, Methods and Techniques: If the contract documents give specific instructions of means and methods, then the Contractor must evaluate the jobsite safety of the same. If it determines they may not be safe, the Contractor must notify the Owner and Architect and propose different means and methods. Those will be reviewed by the Architect solely for conformance with the design intent for the completed construction. This puts responsibility on the Contractor to come up with the approach in the event that it determines the means and methods specified by the Architect are not safe. It relieves the Architect of responsibility for the Contractor’s means and methods. Under the 2007 edition, if the Contractor determined that the means and methods specified by the Owner’s Architect were not safe and it gave timely notification to the Owner who then instructed it to proceed without accepting changes proposed by the Contractor, the Owner would be responsible for any loss resulting from the means and methods required by the Owner. This revised section appears to eliminate that affirmative assumption of the risk by the Owner.” – Zurich Insurance, “Comparison of 2007 and 2017 AIA contract documents: Key changes in AIA A201™ and AIA B101™”*
- Commentary on 3.3.1 in AIA A201 - 2017: This section has been modified to address concerns that the Contractor could be required to perform construction means or methods specified in the Contract Documents that it deems unsafe. Under the new language, where the Contractor deems construction means and methods proposed in the Contract Documents to be unsafe, it may perform under alternative means and methods provided the Architect does not object.*
- From CJL / CDs Study Notes*
- *Liquidated Damages**: It is included in the Owner/Contractor agreement. It is an amount of money stipulated in the contract that is chargeable against the contractor as reimbursement for damages suffered by the owner because of the contractor’s failure to fulfill contractual obligations, such as the failure to achieve substantial completion on time or for bonus payments for early completion of the Work. Liquidated damages are not a penalty to be inflicted on the contractor. If liquidated damages are to be assessed because delayed construction will result in actual loss to the owner, the amount of damage due for each day lost should be provided for in the Supplementary Conditions of the contract.
Architects are responsible for preparing which parts of a Project Manual:
A. Specifications
B. General Conditions
C. Supplementary Conditions
D. Owner Contractor Agreement
A. Specifications
Explanation
The General Conditions are either a standard form, such as AIA Documents A201 or written by the Owner’s attorney. An architect should never prepare a contract to which the architect is not a party, such as the Owner Contractor Agreement. The Specifications are prepared by the architect, but not necessarily the supplementary conditions.
PDPG 7.10.2 Standardized Agreements and Forms
Several professional associations have developed various standardized agreements and forms that are compatible with their respective general conditions and are tailored to specific types of project delivery and basis of compensation for design agreements and basis of payment for construction agreements.
This standardization of agreements and forms is desirable because it saves preparation time and offers reasonable assurance of a complete and accurate document. Through repeated use, standardized agreements and forms have become well understood by owners, architect/engineers, contractors, subcontractors, and suppliers and are less subject to misinterpretation. The agreements and forms to be used on a project should be reviewed carefully by the party’s legal counsel before modification and execution.
Standardized agreements and forms have a long history of legal precedence, have been interpreted and adjudicated by the legal profession and the courts, are under constant review, and are updated and reissued on a periodic basis. Because of this, modifications should be made with caution and not without review by an attorney. Modifications to one document may require coordination with and modification to another. For example, modifications without proper coordination with the general conditions may create conflicts and problems within the contract documents.
With the assistance of the architect/engineer, the owner, in consultation with their legal counsel, should determine the appropriate contractual conditions and forms of agreements that should be used for a project. These general conditions and agreements should be coordinated and compatible with other project agreements to ensure that duties, rights, and responsibilities are consistent among stakeholders and participants.
These general conditions and agreements must be compatible for the architect/engineer and the contractor to ensure that liabilities and responsibilities are properly assigned. In some types of project delivery methods, these responsibilities may be combined; however, the licensing requirements and liability issues need to be clearly delineated in the general conditions and agreements.
The proper conditions are significant issues to ensure proper execution of the work.
While either party has the right to use custom-drafted agreements for its projects, caution is advised because the project delivery of design and construction is a very complex process. Private projects tend to rely on standardized agreements and forms that have been developed, monitored, and maintained by professional associations. However, some corporations and public agencies have developed specific agreement forms that must be used on their projects. In today’s world, the use of standard agreements and forms, modified for the specific project instead of using custom-drafted agreements is considered by many to be good professional practice.
Standardized agreements and forms provide many advantages for projects, including, but not limited to, the following:
- Language consistency and enforcement predictability.
- Legal preparation time, and therefore expense, is less than for custom-drafted documents.
- Reflect both industry practices and customs, or may be based on a consensus of those that use the forms.
- Risks and responsibilities are assigned to the party that is best able to control them or protect from unexpected costs.
- Developed with the understanding that they would be tailored by attorneys to fit the unique requirements of a specific project.
Users of any of the standardized agreements and forms should understand that each of the five professional associations have created standardized agreements and forms that are distinctly different and unique and are written from the standpoint of their respective professional association. While there are similarities in a document types, such as general conditions, there are also many differences. Also, users are discouraged from using a document from one professional association and another from a different professional association in combination for a single project.
7.10.2.1 American Institute of Architects
The American Institute of Architects (AIA; www.aiadocuments.org). AIA has developed and continues to maintain standardized agreements and forms for all project delivery methods, as can be seen in the following categories and families:
DOCUMENT SERIES:
- A: Owner-Contractor documents.
- B: Owner-Architect documents.
- C: Architect-Consultant documents.
- D: Architect-Industry documents.
- E: Exhibits.
- G: Contract administration and project management forms.
DOCUMENT FAMILIES:
- Conventional.
- Small project.
- Construction manager-adviser.
- Construction manager-constructor.
- Interiors.
- Design-build.
- Integrated project delivery.
- Digital practice.
- International.
- Contract administration and project management forms.
The AIA deserves special mention regarding their standardized agreements and forms. The standardized agreements and forms published by the AIA have been extremely popular since the first standardized agreement was made available in 1888. Since that time, the AIA has expended a considerable amount of time and money devoted to the development updating, and publishing of a multitude of standardized agreements and forms. Thousands upon thousands of hours have been spent by architects and lawyers, in consensus-building collaboration, to keep the standardized agreements and forms current with the prevailing practices in the industry.
Historically, the terms and concepts contained within the AIA standardized agreements and forms have long since come to establish the foundational standards of design professions and the construction industry. Courts tend to use AIA standardized agreements and forms to establish normal trade practices for issues before the court even if the agreements used on the project were not AIA agreements.
The AIA standardized agreements and forms have become a legal standard that has resulted in a large body of law for almost every provision contained in the standardized agreements and forms. Many of the provisions in the standardized agreements and forms of the other professional associations have their roots in the industry and legal standards of the AIA standardized agreements and forms.
7.10.2.2 ConsensusDocs®
ConsensusDocs® (www.consensusdocs.org). Jointly drafted and published by 40+ industry associations, including CSI, which represent architects, owners, contractors, subcontractors, ConsensusDocs® address all project delivery methods, and are in the following series groupings:
- 200 Series - General contracting.
- 300 Series - Collaborative/IPD.
- 400 Series - Design-build.
- 500 Series - Construction management.
- 700 Series - Subcontracting.
- 800 Series - Program management.
7. 10.2.3 Construction Management Association of America
Construction Management Association of America (CMAA; http://cmaanet.org/). The standardized agreements of CMAA are exclusively focused for the construction management project delivery method.
- Construction manager at risk (CMaR).
- Construction manager as agent.
7. 10.2.4 Design-Build Industry of America
Design-Build Industry of America (DBIA; www.dbia.org). The standardized agreements and forms of DBIA are exclusively focused for the design-build project delivery method and include owner and design-builder agreements and general conditions.
7.10.2.5 Engineers Joint Contract Documents Committee
Engineers Joint Contract Documents Committee (EJCDC; http://content.asce.org/ejcdc/). A coalition between the American Council of Engineering Companies (ACEC), the American Society of Civil Engineers (ASCE), the Associated General Contractors of America (AGC), and the National Society of Professional Engineers (NSPE) develop and encourage standardized contract documents. They reflect the knowledge of the many engineers, owners, contractors, and other construction-related professionals that are represented on a central committee. The agreements and forms are in the following categories:
- Construction related documents.
- Design-build documents.
- Engineer sub-consultant documents.
- Environmental remediation documents.
- Owner-engineer documents.
- Procurement documents.
- Public-private partnership.
- USDA rural utility service preapproved documents.
Which of the following are responsibilities of the owner under the provisions of the AIA General Conditions?
A. Provide access to the construction site
B. Make payments to the Contractor
C. Make payments to the subcontractors
D. Obtain necessary easements
E. Provide necessary copies of construction documents
B, D, and E
B. Make payments to the Contractor
D. Obtain necessary easements
E. Provide necessary copies of construction documents
Explanation
Article 2 of the AIA General Conditions requires the owner to obtain easements and provide copies of construction documents. Article 9 requires the Owner to pay the Contractor. The Contractor, not the Owner is required to pay the subcontractors, and access to the site as an Owner’s responsibility is implied, but not explicitly stated.
Which of the following statements is true?
Contract time:
A. Is measured in working days
B. Ends at substantial completion
C. Ends at final completion
D. Always starts when the Owner Contractor Agreement is signed
B. Ends at substantial completion
Explanation
Under the definitions of time in the AIA General Conditions, time is the period allotted for substantial completion of the work. Subparagraph 8.1.4 defines day as calendar day. The date of the contract is often the start of construction time, but may be otherwise if noted in paragraph 3.1 of the Owner–Contractor Agreement or if a notice to proceed has a different starting date.
Under the provisions of the AIA General Conditions, which of the following statements is true?
A. Warranty periods begin at substantial completion
B. Warranty periods begin at final completion
C. The general warranty period is one year
D. Warranties are worthless without bonds to back them up
A. Warranty periods begin at substantial completion.
Explanation
Subparagraph 9.8.4 of the AIA General Conditions states that warranties commence on the date of substantial completion, unless a different commencement date is stated in the certificate of substantial completion.
An architect issues certificates for payment for work performed by the contractor. For what reasons might an architect legitimately nullify all or part of a previously issued certificate for payment?
(Pick all that apply)
A. The architect discovers defective work
B. The owner’s lender refuses to release funds
C. The contractor fails to pay subcontractors
D. A pedestrian walking past the project site is injured by a falling piece of lumber and sues the owner
E. The contractor persistently fails to comply with the contract documents
A, C, D, and E
A. The architect discovers defective work
C. The contractor fails to pay subcontractors
D. A pedestrian walking past the project site is injured by a falling piece of lumber and sues the owner
E. The contractor persistently fails to comply with the contract documents
