Clemon's Prep Questions 2 Flashcards
Questions from Quizlet, Cram, StudyBlue, flashcardmachine, cueFlash, Slideshare, Slideplayer, and ProProfs (It is prep 3 in other folder)
For this question, select the entity which is generally assigned the following duties and responsibilities by the Conditions of the Contract: Protection of job site workers and stored materials.
A. Architect/Engineer
B. Owner
C. Contractor
D. Varies, as stated in the Supplementary Conditions
E. None of the above
- For this question, select the entity which is generally assigned the following duties and responsibilities by the Conditions of the Contract: Protection of job site workers and stored materials.*
- A. Architect/Engineer*
- B. Owner*
- C. Contractor*
- D. Varies, as stated in the Supplementary Conditions*
- E. None of the above*
C. Contractor
Safety provisions in both EJCDC and AIA documents clearly make safety and protection of persons and property at the construction Site the sole responsibility of the Contractor.
______________________________________________
Reference: PDPG 5.4.1.7 and PDPG 15.12.11
AIA A201 Sections 10.1, 10.2, and 10.4.
Safety of Persons and Property
- The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the performance of the Contract.
- Contractor responsible for safety and protection to prevent damage, injury or loss to
- Employees on the Work
- Work and materials and equipment
- Other property at, or adjacent to, site
- Contractor shall
- Comply with applicable safety laws, statues, ordinances, codes, rules and regulations, and lawful orders
- Erect and maintain safeguards
- Exercise utmost care with explosives and hazardous materials
- Remedy damage and loss
- Designate Contractor employee with duty of prevention of accidents
- Not permit loading that causes damage or unsafe condition
- Injury or damage to person or property
- If either party suffers injury or damage because of act or omission of other party, written notice to other party required
- Notice should contain information to enable investigation
Emergencies
- In an emergency affecting safety, Contractor may act, at Contractor’s discretion, to prevent threatened damage, injury or loss
Also see CCAPG 6.8; CCPG 9.14.
EJCDC C-700 Paras. 7.12 through 7.15;
Commentary
However, it is worth understanding for actual practice that the regulations of the federal Occupational Health and Safety Administration (OSHA) require that each employer working at a site be responsible for the safety of their own employees. Thus, while the Contractor has contractual responsibility for safety at the Site, each individual employer—whether they be a Subcontractor, Supplier, or the Owner, or the A/E, when they have employees at the Site—is responsible for the safety of their own employees. That said, if a question like this arises on the exam, remember that the Contractor has contractual responsibility for safety of the workers at the construction Site.
Responsibility for safety at a construction site can become unclear to many people, but all participants should understand and keep their safety obligations clearly in mind and act accordingly throughout the Project.
Select the entity which is generally assigned the following duties and responsibilities by the Conditions of the Contract: Resolution of claims.
A - Owner
B - Contractor
C - Varies, as stated in the Supplementary Conditions
D - Initial Decision Maker
- Select the entity which is generally assigned the following duties and responsibilities by the Conditions of the Contract: Resolution of claims.*
- A - Owner*
- B - Contractor*
- C - Varies, as stated in the Supplementary Conditions*
- D - Initial Decision Maker*
Answer: D - Initial Decision Maker
The Initial Decision Maker is an entity that exists only in AIA documents and is not used in EJCDC documents. In AIA documents, when an entity other than the Architect is named as the Initial Decision Maker, said entity is identified in AIA A101 (Owner-Contractor Agreement) Section 6.1.
In actual practice with AIA documents, the Initial Decision Maker is typically the Architect, but may be a third-party considered to be neutral.
______________________________________________
Reference: PDPG 15.15.3;
AIA A201 Sections 1.1.8 and 15.2.
Initial Decision Maker
Person identified to render decisions on claims and terminations
- Commentary: Editions prior to 2007 did not use Initial Decision
- Maker Architect was the decision maker
Initial Decision
- Claims referred to Initial Decision Maker for initial decision
- Initial Decision Maker reviews claim and take one of following actions
- Request additional supporting data
- Reject claim in whole or in part
- Approve claim
- Suggest compromise
- Advise parties unable to resolve claim
- Initial decision shall be final and binding, but subject to mediation, and if that fails, to binding dispute resolution
- Either party may file for mediation of an initial decision
Also see CCAPG Chapter 10 (particularly CCAPG 10.3)
Select the entity which is generally assigned the following duties and responsibilities by the Conditions of the Contract: Paying taxes for the Work.
A - Architect/Engineer
B - Owner
C - Contractor
D - Varies, as stated in the Supplementary Conditions
E - None of the above
- Select the entity which is generally assigned the following duties and responsibilities by the Conditions of the Contract: Paying taxes for the Work.*
- A - Architect/Engineer*
- B - Owner*
- C - Contractor*
- D - Varies, as stated in the Supplementary Conditions*
- E - None of the above*
Answer: C - Contractor
Taxes are part of the cost of construction for which the Contractor is responsible under the terms of the Contract Documents.
For public work, where public owners are often exempt from certain sales and ues taxes on materials and equipment to be incorporated into the construction, typically an associated Supplementary Conditions provision is necessary to properly indicate the statutory requirements for taxes, which can vary significantly from state to state.
Reference: EJCDC C-700 Para. 7.09;
AIA A201 Section 3.6;
PDPG 13.6.4.4 among others.
Also see CCAPG 3.1.4.
______________________________________________
AIA A201 3.6 Taxes
The Contractor shall pay sales, consumer, use and similar taxes for the Work provided by the Contractor that are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect.
Select the entity which is generally assigned the following duties and responsibilities by the Conditions of the Contract: Right to stop work, if non-conforming Work fails to be corrected.
A - Architect/Engineer
B - Owner
C - Contractor
D - Varies, as stated in the Supplementary Conditions
E - None of the above
- Select the entity which is generally assigned the following duties and responsibilities by the Conditions of the Contract: Right to stop work, if non-conforming Work fails to be corrected.*
- A - Architect/Engineer*
- B - Owner*
- C - Contractor*
- D - Varies, as stated in the Supplementary Conditions*
- E - None of the above*
Answer: B - Owner.
Reference: PDPG 15.9.5.1;
EJCDC C-700 Para 14.06;
AIA A201 Sections 2.4, 14.2 and 14.3.
Also see CCAPG 2.1; CCAPG 6.2.2;
_______________________________________
AIA A201 2.4 Owner’s Right to Stop the Work
Can issue written order to Contractor to stop the Work if Contractor
- Fails to correct Work not in accordance with Contract Documents
- Repeatedly fails to carry out the Work in accordance with Contract Documents
- Owner has no duty to stop the Work for benefit of contractor or others
- Commentary: Architect does not have authority to stop the Work.
Commentary
Standard contract documents such as EJCDC’s and AIA’s reserve to the Owner sole right to stop or suspend the Work if the Work does not comply with the Contract Documents. This right is solely the Owner’s, and should never be assumed by or delegated to the A/E (or a construction manager), because stopping the Work is an extreme action that almost always results in a delay Claim from the Contractor for additional time and compensation. In EJCDC and AIA documents, the A/E does not have authority to stop or suspend the Work for non-conformance because issuing such an order is tantamount to opening the Owner’s checkbook and handing out money.
Which of the following is part of the construction documents but not part of the Contract Documents?
A - Procurement Forms
B - Agreement
C - Performance Bond
D - General Conditions
E - Addenda
F - Contract Modifications
- Which of the following is part of the construction documents but not part of the Contract Documents?*
- A - Procurement Forms*
- B - Agreement*
- C - Performance Bond*
- D - General Conditions*
- E - Addenda*
- F - Contract Modifications*
Answer: A - Procurement Forms (also known as the Bid Form and its supplements).
The Procurement (Bidding) Requirements, which include the advertisement or invitation to bid, instructions to bidders/proposers, bid form, bid bond form (if any), qualifications statement (if any), and other bid form supplements (if any), are required only for the Project’s procurement (bidding/pricing) stage and therefore are not typically considered to be “Contract Documents” (remember: “Contract Documents” exist only after the parties have both signed the Owner-Contractor Agreement).
If you are still having trouble wrapping your mind around this, consider that the Procurement (Bidding) requirements are necessary for, and apply only through, the procurement (bidding) stage—they address matters only until the Owner-Contractor Agreement is signed and the Contract becomes effective. Therefore, the Procurement (Bidding) Requirements are not necessary once the Contract is in effect.
Answers “B - Agreement”, “C - Performance Bond”, “D - General Conditions”, “E - Addenda”, and “F - Contract Modifications” are all part of the Contract Documents, as indicated in EJCDC C-520 (Owner-Contractor Agreement—Stipulated Price) Para. 9.01 and in AIA A201 Section 1.1.1 and AIA A101 (Owner-Contractor Agreement—Stipulated Sum) Articles 1 and 9.
Reference: PDPG 12.1 and PDPG 12.2;
EJCDC C-700 Paras. 1.01.A.6 and 7;
AIA A201 Section 1.1.1; and “The Diagram”.
Also see CCAPG 1.3.1; CCAPG 8.2.
Also see CSPG Chapter 9
___________________________________________
1.1 Bidding Documents include the Bidding Requirements and the proposed Contract Documents. The Bidding Requirements consist of the Advertisement or Invitation to Bid, Instructions to Bidders, Supplementary Instructions to Bidders, the bid form, and other sample bidding and contract forms. The proposed Contract Documents consist of the form of Agreement between the Owner and Contractor, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications and all Addenda issued prior to execution of the Contract.
___________________________________________
- Advertisement or invitation to bid
- Instructions to bidders/proposers
- Bid form
- A310–2010, Bid Bond form (if any) - This bond ensures the selected bidder will execute the contract and provide performance and payment bonds.
- A305–1986, Contractor’s Qualification Statement (if any) - This questionnaire is used to provide information about a contractor’s background.
- Other bid form supplements (if any)
What is the “glue” that binds the Contract Documents together?
What is the “glue” that binds the Contract Documents together?
Answer: If you answered “Agreement” you would not be entirely correct.
The correct answer is “signed Agreement”
Reference: PDPG 7.10
Also see CSPG Chapter 5, “Agreements”.
Although often referred to as the contract, the construction agreement is only one of the various documents that make up the contract documents. The agreement is the document that legally obligates the signing parties. It binds the documents together firmly and permanently, while allowing for the addition of modifications… The agreement defines relationships and obligations between the signers and incorporates, by reference, all of the other documents that make up the contract documents: contracting forms; project forms; conditions of the contract (general and supplementary conditions); specifications; contract drawings; and revisions (addenda), clarifications, and modifications. The clauses and provisions of the general conditions for a construction contract are generally fixed and usually require only supplements to be adapted to a specific project. The agreement contains contractual elements that are subject to variation in each contract. These elements are:
- Date
- Identification of parties (the owner and the contractor or design-builder)
- Identification of the third parties (architect/engineer [A/E] and construction manager)
- Statement of work to be performed (extent or scope)
- Statement of the consideration or contract amount (cost, sum, or price)
- Statement of commencement and completion (time of performance)
- Signatures
Whether or not a standard form is used, the agreement has important legal consequences. No agreement form should be incorporated in construction documents without the owner’s approval. In addition, standard agreement forms should not be prepared, completed, or modified without consulting the owner’s legal counsel. The provisions within standard agreement forms and respective general conditions are carefully interrelated. A modification in the language may create ambiguity or result in unintended legal obligations of the parties involved.
True or False: The Contracting Requirements include the performance bond.
Answer: True.
MasterFormat titles Division 00 as “Procurement and Contracting Requirements”.
Procurement (Bidding) Requirements are those documents that pertain only to the procurement (bidding) stage (e.g., advertisement or instructions to bidders, advertisement or invitation to bid, instructions to bidders/proposers, bid form, bid bond form (if any), bidder qualifications statement (if any), and other bid form supplements (if any).
MasterFormat assigns these documents between 00 10 00 and 00 49 99.
The “Contracting Requirements” are the balance of Division 00 (per MasterFormat, documents between 00 50 00 and 00 99 99), including the Agreement form and its supplements (if any); project forms (including the performance bond and payment bond); “conditions of the contract”; and revisions/clarifications/modifications (including Addenda).
Project-specific insurance requirements would usually be included in the ____ (fill in the blank).
Reference: PDPG 12.5.
Also see CSPG Chapter 17
Answer: Supplementary Conditions.
Project-specific insurance requirements, such as the specific types of insurance and minimum coverage limits required, are typically in the Supplementary Conditions.
This is always the case with EJCDC documents, and was the case with AIA documents until the 2017 edition of AIA A201 and AIA A101.
Both AIA A201 and EJCDC C-700 (General Conditions) contain basic insurance provisions. But for the Owner to require that the Contractor furnish general liability insurance of not less than a certain coverage amount, or to require that the Contractor furnish a certain type of railroad protective liability insurance, such requirements would be in the Supplementary Conditions (EJCDC C-800, Supplementary Conditions, includes model language, as does AIA A503—2007).
However, with its 2017 documents, the AIA extracted the specific requirements for certain types of insurance and created at new exhibit to AIA A101 (Owner-Contractor Agreement). Thus, as of 2017, AIA includes Project-specific insurance requirements in an exhibit to the Agreement.
Also see EJCDC C-700 Article 6 and EJCDC C-800, Guide to the Preparation of Supplementary Conditions, provisions numbered SC-6.0x. Alternatively, see AIA A201 Section 11 and the insurance exhibit to AIA A101—2017.
Note that EJCDC C-800 and AIA A101 are not materials required for the CDT exams, but are extremely useful in the actual practice of preparing Supplementary Conditions. Arcadis US Water’s Standard Supplementary Conditions (“Document 00 73 01”) is developed closely from EJCDC C-800.
Article 11 of A201 and A101-2017 Exhibit A, Insurance and Bonds
Article 11 of A503 2017-2019, Insurance and Bonds
Article about the release of the exhibit
After evaluating a request for interpretation (RFI), which of the following steps would not be applicable according to EJCDC:
A - A/E responds directly on the RFI form
B - A/E issues Supplemental Instructions
C - A/E issues a Field Order
D - A/E prepares a Proposal Request
Reference: PDPG 15.11.1.2 and PDPG 15.11.2.1;
EJCDC C-700 Paras. 3.03 and 3.04;
AIA A201 Section 1.1.1.
Also see CCAPG 8.1.2 and CCAPG Chapter 9.
Answer: B - Supplemental Instructions.
The key to this question is understanding that EJCDC documents do not account for “Supplemental Instructions”.
Both EJCDC and AIA have a contractual mechanism for the A/E to order “minor changes” (changes that do not affect the Contract Price or Contract Times) in the Work; EJCDC calls it a Field Order (EJCDC C-942) and the AIA calls the document “Architect’s Supplemental Instructions” (AIA G710).
When responding to a RFI, the A/E may provide a response directly on the RFI form (very common). Where the RFI response requires a minor change (no effect on price or time), a Field Order (EJCDC) or Architect’s Supplemental Instructions (AIA) often accompanies the RFI response. Where the response to the RFI results in a potential change in price, time, or both, the RFI response should be accompanied by a Proposal Request.
RFI responses, alone, should NEVER be used to attempt to modify the requirements of the Contract. RFI responses are not, themselves, Contract Documents.
EJCDC’s Construction Series “Field Order” (C-942) document provides an effective format for initiating minor changes in accordance with the General Conditions without changes in the contract price or time.
G710™–2017 Architect’s Supplemental Instructions is used by the architect to issue additional instructions or interpretations, or to order minor changes in the work. It is intended to assist the architect in performing its obligations as interpreter of the contract documents in accordance with the owner/architect agreement and the general conditions of the contract for construction. G710 should not be used to change the contract sum or contract time. It is intended to help the architect perform its services with respect to minor changes not involving adjustment in the contract sum or contract time. Such minor changes are authorized under Section 7.4 of AIA Document A201™–2017.
7.4 Minor Changes in the Work
The Architect may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. The Architect’s order for minor changes shall be in writing. If the Contractor believes that the proposed minor change in the Work will affect the Contract Sum or Contract Time, the Contractor shall notify the Architect and shall not proceed to implement the change in the Work. If the Contractor performs the Work set forth in the Architect’s order for a minor change without prior notice to the Architect that such change will affect the Contract Sum or Contract Time, the Contractor waives any adjustment to the Contract Sum or extension of the Contract Time.
Which of the following is true regarding Conditions of the Contract:
A - Are an inherent part of the Agreement
B - Are an inherent part of the specifications
C - With the Agreement govern the content of the entire Contract
D - Answers A and C
E - None of the above
Reference: PDPG 12.3.2, PDPG 12.3.3, and PDPG Figure 11.21; and “The Diagram”.
Also see CCAPG 1.3.1. Also see CSPG Chapter 6.
Answer: D - Answers A and C. “Conditions of the Contract” are, according to AIA and CSI (but not EJCDC) the General Conditions and the Supplementary Conditions. The answer is not “B” because the General Requirements (not the Conditions of the Contract) administratively govern the Work indicated in the Specifications.
Multiple-prime contracts are normally a part of:
A - Turn-key construction
B - Negotiated contracts
C - Long duration construction projects
D - Fast-track construction
Reference: PDPG 5.8.4.2 and PDPG 11.4.1.
Also see CCAPG 1.4.2.
Answer: D - Fast-track construction.
“Fast-track” does not mean only that the Contractor builds the project quickly, but rather is most-often used for describing projects where the construction of “early-start” activities (such as site clearing, excavation, and foundation construction, for example) commence in the field while the A/E is still designing the rest of the project. Thus, the Contractor may be building the foundation and site work (buried utilities, rough grading, etc.) while the A/E is still designing the facility’s mechanical, plumbing, and electrical systems. In fast-track projects, the building may be divided among ten or more separate prime contractors. Coordinating multiple prime contracts is often very challenging and presents increased risk to both the Owner and A/E, particularly when design changes affect already-completed elements of the construction. In return, the Owner gets a project completed more-quickly, although likely for increased cost.
In addition to using multiple-prime construction contracts for fast-tracking, multiple primes is required for most public works projects in certain jurisdictions, including New York State, Pennsylvania, and New Jersey. Prior to 2010, North Carolina essentially abandoned its multiple-prime public contracting requirement for public work and, in 2011, Ohio enacted legislation that significantly weakened Ohio’s multiple-prime public contracting statutes. All other states in the United States allow public work to be constructed using a single prime construction contract.
A submittal log should be maintained by:
A - A/E
B - Owner
C - Contractor
D - A and C
E - All of the above
Reference: PDPG 15.8.5 and PDPG 15.14.
Also see CCAPG 5.8.
Answer: D - A and C.
Although all participants in the construction submittals process should track and log submittals for which they are responsible, the Contractor and A/E are responsible for, respectively, submitting and reviewing, all submittals required under the Contract Documents, and hence both have primary responsibility to track the status of submittals via a submittal log.
Both EJCDC and AIA documents require submittal logs, which are contractually the Contractor’s responsibility. EJCDC C-700 refers to this as a “Schedule of Submittals” and AIA A201 3.10 Contractor’s Construction and Submittal Schedules calls it a “Submittal Schedule“.
For additional information, refer to EJCDC C-700’s and AIA A201’s provisions on the schedule of submittals. Neither, however, addresses the A/E’s typical responsibility to also track progress on the contractually-required submittals.
AIA A201 3.10 Contractor’s Construction and Submittal Schedules
3.10.1 and 3.10.2
Contractor’s Construction Schedule & Submittal Schedules
- Contractor shall submit construction schedule for the Work, (only for the Architect’s review)
- Shall not exceed Contract Documents time limits
- Revised at appropriate intervals
- Related to entire Project and extent required by Contract Documents
- Shall provide for expeditious and practicable execution of the Work
- Contractor shall submit submittal schedule for approval
- Coordinated with construction schedule
- Allow Architect reasonable time to review, resubmittal, re-review and approval
The Procurement Documents include all of the following EXCEPT:
A - Procurement Requirements
B - Contract Modifications
C - Project Manual
D - Drawings
Reference: PDPG 11.1 and PDPG Chapter 12;
EJCDC C-700 Para. 1.01.A.6 and 1.01.A.7;
AIA A201 Section 1.1.1; and “The Diagram”.
Also see CCAPG 1.3.1; CCAPG 8.2.
Also see CSPG Chapter 9.
Answer: B - Contract Modifications.
Procurement (Bidding) Documents are issued for the procurement (bidding/pricing) stage, before there are any “Contract Documents” (e.g., before the Owner-Contractor Agreement is signed); thus, there is no “contract” to modify until the Agreement is signed by both parties. The way that the Procurement (Bidding) Documents are modified prior to the opening of Bids is via Addenda.
___________________________________________
AIA A201 Article 7
General
- Changes accomplished after Contract execution that do not invalidate Contract
- Change Order - Based on agreement among Owner, Contractor and Architect
- Construction Change Directive - Requires agreement by Owner and Architect and may or may not be agreed to by Contractor
- Architect’s Supplemental Instruction - Minor change in the Work - Issued by Architect alone
- Promptly performed under applicable provisions of Contract Documents
Change Orders
- Written instrument, prepared by Architect and signed by Owner and Contractor, agreeing to
- Change in the Work
- Amount of adjustment in Contract Sum
- Amount of adjustment in Contract Time
Construction Change Directive
- Written order, prepared by Architect and signed by Owner and Architect, and directing a change in the Work prior to agreement on
- Amount of adjustment in Contract Sum
- Amount of adjustment in Contract Time
- Owner may, without invalidating the Contract, order following changes in the Work with the “CCD”
- Additions
- Deletions
- Other revisions
- Used in absence of total agreement on Change Order terms
- Methods for adjustment of Contract Sum
- Itemized lump sum
- Unit prices
- In a manner mutually agreed
- Upon receipt, Contractor promptly proceeds with change and indicates agreement of disagreement with adjustment
- Contractor’s signature indicates agreement
Minor Changes in the Work
The Architect may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. The Architect’s order for minor changes shall be in writing. If the Contractor believes that the proposed minor change in the Work will affect the Contract Sum or Contract Time, the Contractor shall notify the Architect and shall not proceed to implement the change in the Work. If the Contractor performs the Work set forth in the Architect’s order for a minor change without prior notice to the Architect that such change will affect the Contract Sum or Contract Time, the Contractor waives any adjustment to the Contract Sum or extension of the Contract Time.
A Construction manager is hired by the Owner to do all of the following except:
A - Assist in procuring the contractor
B - Administer the project
C - Provide observation services at the construction site
D - Supervise the A/E
Reference: PDPG 7.4.
Also see CCAPG 1.4.2.
Also see CSPG 1.14.2.
Answer: D - Supervise the A/E.
However, this question is difficult because the extent to which Answers “A”, “B” and “C” are true or false depends on the form of construction manager project delivery.
Answer “A” is true for CMa - construction manager as an advisor. Answer “A” is false for CMAR - construction manager at risk (where the construction manager becomes the general contractor upon the start of construction), because the CMAR is the Contractor and would monitor Subcontractors (e.g., instead of the CM monitoring the Contractor).
Answer “B” is sometimes true—for example, in standard documents from the Construction Management Association of America (CMAA) and AGC’s ConsensusDocs the CM is given authority to act on the Owner’s behalf. However, in standard documents by the AIA and in EJCDC’s forthcoming CMa-Series documents, the CM does not have authority to act on the Owner’s behalf.
Answer “C” is typically true for CMa project delivery. In CMAR delivery, the CMAR is the contractor and therefore supervises the construction instead of merely observing the Work.
Answer “D” is always false because the CM never supervises the Architect or the Engineer. Because they are required to have a professional license and registration in the state(s) where they practice, A/Es cannot, by definition, be “supervised” by anyone who does not want to assume the A/E’s professional liability. Thus, Answer “D” is the correct choice for this question.
A facility’s “life cycle” includes all of the following EXCEPT:
A - Project Conception
B - Financing
C - Construction
D - Facility Management
Reference: PDPG Chapter 2 (especially PDPG 2.2).
Answer: B - Financing. Answer choices “A”, “C”, and “D” are all part of the facility’s life cycle as defined by CSI in PDPG 2.2; being familiar with CSI’s “facility life cycle” concept will likely be worth a few points on the CDT exam.
While “financing” is a stage of the facility life cycle as defined by the Associated General Contractors of America (AGC); however, AGC’s ConsensusDocs documents are not the basis for any of CSI’s exams.
“Resource drawings” serve which purpose?
A - Show existing work that is to be modified
B - Show construction related to the work, but which is not included in the contract
C - Provide the owner with a set of documents that will facilitate operation
D - Drawings prepared by manufacturers, suppliers, and the contractor to illustrate portions of the work
Reference: PDPG 11.2.4.
Also see CCAPG 1.3.2.1.
Answer: B - Show construction related to the work, but which is not included in the contract. Although resource drawings are included by some A/E’s in the “Information available to Bidders” in the Procurement (Bidding) Requirements (MasterFormat assigns “00 31 16, Measured Drawing Information”, among others), Arcadis US Water discourages issuing resource drawings, measured drawings, or existing record drawings as part of the Bidding Documents, or binding them into the Project Manual.
EJCDC C-700 Paras. 5.03.B and 5.06.B expressly state that reports and drawings of existing subsurface and physical conditions, and reports and drawings of a Hazardous Environmental Condition at the Site are not Contract Documents.
Answer “A” is nebulous; existing facilities to be modified will typically be shown on the Drawings that are part of the Contract Documents. Answer “C” is describing record documents. Answer “D” is describing Shop Drawings.
For this question, select the entity which is generally assigned the following duties and responsibilities by the Conditions of the Contract: Paying taxes for the Work.
A - Architect/Engineer
B - Owner
C - Contractor
D - Varies, as stated in the Supplementary Conditions
E - None of the above
Reference: EJCDC C-700 Para. 7.09;
AIA A201 Section 3.6;
PDPG 13.6.4.4 among others.
Also see CCAPG 3.1.4.
Answer: C - Contractor.
Taxes are part of the cost of construction for which the Contractor is responsible under the terms of the Contract Documents.
For public work, where public owners are often exempt from certain sales and ues taxes on materials and equipment to be incorporated into the construction, typically an associated Supplementary Conditions provision is necessary to properly indicate the statutory requirements for taxes, which can vary significantly from state to state.
For this question, select the entity which is generally assigned the following duties and responsibilities by the Conditions of the Contract: Right to stop work, if non-conforming Work fails to be corrected.
A - Architect/Engineer
B - Owner
C - Contractor
D - Varies, as stated in the Supplementary Conditions
E - None of the above
Reference: PDPG 15.9.5.1;
EJCDC C-700 Para 14.06;
AIA A201 Sections 2.4, 14.2 and 14.3.
Also see CCAPG 2.1; CCAPG 6.2.2;
Answer: B - Owner.
Standard contract documents such as EJCDC’s and AIA’s reserve to the Owner sole right to stop or suspend the Work if the Work does not comply with the Contract Documents. This right is solely the Owner’s, and should never be assumed by or delegated to the A/E (or a construction manager), because stopping the Work is an extreme action that almost always results in a delay Claim from the Contractor for additional time and compensation. In EJCDC and AIA documents, the A/E does not have authority to stop or suspend the Work for non-conformance because issuing such an order is tantamount to opening the Owner’s checkbook and handing out money.
While EJCDC’s and AIA’s standard documents empower the A/E to “reject defective Work” (i.e., refuse to recommend payment for such Work and refuse to accept defective Work, thus keeping the Contract open, but the A/E does not have the authority to stop or suspend the Work. Only the Owner has the authority to order the Contractor to stop or suspend the Work.
EJCDC C-700 Para. 1.02.D defines “defective Work” as follows: “The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it: (a) does not conform to the Contract Documents; or (b) does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or (c) has been damaged prior to Engineer’s recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 15.03 or 15.04).”
All of the following are AIA construction contract modifications EXCEPT:
A - Change Order
B - Architect’s Supplemental Instructions
C - Field Order
D - Construction Change Directive
Reference: PDPG 15.11.2.1;
EJCDC C-700 Paras. 1.01.A.21 and 11.01;
AIA A201 Section 1.1.1.
Also see CCAPG 8.2.
Also see CSPG Chapter 9—particularly CSPG 9.6.
Answer: C - Field Order.
While a Field Order is not a document used or recognized by the AIA, it is defined at EJCDC C-700 Para. 1.01.A.21. EJCDC publishes a standard field order form, EJCDC C-941 (“Field Order”); CSI also publishes a field order form. Both a Field Order (EJCDC, DBIA, CSI) and “Architect’s Supplemental Instructions” form (AIA G710) are used by the A/E to order minor changes in the Work that do not result in changes in the Contract Price or the Contract Times; although there are some minor differences between them, the use of both a Field Order and AIA’s “Architect’s Supplemental Instructions” form are similar.
For this question, select the entity which is generally assigned the following duties and responsibilities by the Conditions of the Contract: Furnishing property insurance for the work under construction:
A - Architect/Engineer
B - Owner
C - Contractor
D - Varies, as stated in the Supplementary Conditions
E - None of the above
Reference: PDPG 12.5.2; AIA A201 Section 11.2.2; AIA A101 Insurance Exhibit Section A.2.3 (AIA A101 and its related insurance exhibit document are not source materials for the CDT exam).
Also see CSPG 17.4, which is a comprehensive introduction to property insurance.
Answer: B - Owner.
Construction property insurance is a separate policy from the Contractor’s and Owner’s own general liability policies; property insurance covers losses to the Work and other property at the Site. There are two broad types of property insurance: (1) “normal” property insurance, maintain by the property’s owner, and (2) construction stage property insurance covering the materials and equipment to be incorporated into the construction, typically called, “builder’s risk” insurance. Builder’s risk insurance is typically in effect only through Substantial Completion of the construction, after which property insurance coverage should be transitioned to the Owner’s regular property insurance policy.
Builder’s risk insurance is typically desirable when the Project includes construction of or modifications to some type of structure or building. A special form of builder’s risk insurance—called an “installation floater”—can be obtained to cover materials to be installed into construction that is not in a building or structure; for example, for protection against loss to waterline pipe stored trench-side.
PDPG 12.5.2 presents a basic overview of property insurance, and indicates that the Owner “typically” obtains the builder’s risk insurance. AIA A201 implies, and AIA A101-Insurance Exhibit states that the Owner furnishes the builder’s risk insurance unless expressly indicated otherwise in the Contract. In private work, it is perhaps most-common for the Owner to furnish the builder’s risk insurance, and thus the best answer choice is “B - Owner”.
That said, many projects, including most public works projects, require that the Contractor furnish the builder’s risk insurance. In fact, this is the default requirement of EJCDC C-700 Para. 6.05.
The reality is that public owners typically desire to not procure builder’s risk insurance. But in certain circumstances—such as work to modify or rehabilitate an existing facility that remains in operation during construction—it may be advantageous to the Owner to furnish the builder’s risk insurance. In the event of a loss under the builder’s risk policy, the Owner can coordinate with its own property insurance to proceed swiftly toward having the loss remedied and to get the facility back into service, as opposed to having to work with both the Owner’s normal property insurance carrier and the Contractor’s builder’s risk insurance carrier. However, each project is different and Owner’s preferences and direction relative to the procurement of builder’s risk insurance are to be respected by the A/E or other entity drafting the construction documents’ Division 00 requirements (where provisions on insurance are located).
Insurance is a very complex topic and most A/Es and owners’ project personnel are typically unfamiliar and perhaps uncomfortable with the topic. However, it is important for A/Es and owners to understand the basics of construction insurance. CSI’s PDPG and CSPG present very good, basic overviews of the topic. In the coming weeks we will also share with our CSI Program participants some supplemental information on the “arcane” but vital topic of construction insurance.
The Owner should always direct the A/E in the types of insurance and coverage amounts required. EJCDC C-051 and EJCDC C-052, or AIA G612 are useful documents for documenting the Owner’s instructions relative to insurance requirements. A/Es are design professionals—not risk advisors or insurance counselors—and should avoid giving, and appearing to give, insurance advice.
What establishes the relationship between the Contractor and the Architect/Engineer (A/E)?
A - National laws
B - Signed agreements
C - Third-party obligations
D - Special conditions
Reference: See PDPG Section 5.2 (“PDPG 5.2”) and PDPG Figure 5.1.
Answer: C - Third-party obligations.
The Contractor and the A/E do not have any signed agreements, the general terms and conditions of their respective contracts with the Owner provide them with third party obligations to each other.
Which of the following would be included in the Information Available to Bidders?
A - Bid Security information
B - Environmental Impact Statement
C - Time of completion to construct the Project
D - Description of the Work
Reference: PDPG 12.2.3, and CSI MasterFormat 00 03 00.
Answer: B - Environmental Impact Statement.
The information available to Bidders is the place to provide reference information that does not belong in the “Contract Documents”.
Bid security information is included in the Instructions to Bidders.
Time of completion (“Contract Times” in EJCDC, “Contract Time” in AIA documents) is an important contractual obligation—where would you think it should go?
(Hint: in neither the Instructions to Bidders nor the information available to Bidders).
Okay…we’ll tell you. It’s in the Owner-Contractor Agreement.
Description of the Work is included throughout the construction Contract Documents, and is summarized in a Division 01 Specifications can you name the Division 01 Section?
(Hint: It’s in a section called, “Summary of Work”).
What constitutes the “Contract Documents” is a very important concept, and we’ll share some supplemental information on that very soon.
Also important is the concept of “information available to bidders”—such as information on subsurface conditions (like soil borings), information on the presence of hazardous substances at the Site, and use of existing record documents. We will also distribute some supplemental information on this important topic as well.
The contractual relationship governed by the Conditions of the Contract is between:
A - Owner and Contractor
B - Architect/Engineer and Contractor
C - Owner and Subcontractors
D - Architect/Engineer and Subcontractors
Reference: PDPG 12.3.3.
Also see CSPG Chapter 6 and CCAPG 1.3.
Answer: A - The Owner and the Contractor.
The Owner and the Contractor are the parties to the construction Contract, and hence are the principal subjects of the “Conditions of the Contract”.
“Conditions of the Contract” is AIA’s and CSI’s term for the “General Conditions and Supplementary Conditions”.
Yes, the duties of the A/E are described to a large (but not necessarily full) extent in the “Conditions of the Contract”, but the A/E’s responsibilities are fully and properly set forth in the Owner-A/E Agreement. The Owner-A/E Agreement does not have General Conditions or Supplementary Conditions.
EJCDC’s standard “Conditions of the Contract” (note: the term “Conditions of the Contract” is not used in EJCDC standard contract documents and, hence, should not be used in association with Arcadis U.S. Water’s Standard Construction Documents; but you will see the term on CSI’s exams; “Conditions of the Contract” is an AIA term) are EJCDC C-700, Standard General Conditions of the Construction Contract, and EJCDC C-800, Guide to the Preparation of Supplementary Conditions. AIA’s corresponding standard Conditions of the Contract are AIA A201, Standard General Conditions of the Contract for Construction, and AIA A503, Guide for Supplementary Conditions.
EJCDC C-700 is the standard general conditions used by Arcadis U.S. Water for construction contracts. Arcadis U.S. Water’s Standard Supplementary Conditions are very-closely based on EJCDC C-800. EJCDC C-700 and EJCDC C-800 are the most widely-used “Conditions of the Contract” for engineer-led projects (especially for public work) in the United States for design-bid-build delivery. AIA A201 and AIA A503 are the most-widely used “Conditions of the Contract” for vertical (architect-led) construction (design-bid-build) in the United States.
Other nations have their own, popular standard construction contracts. In Canada, the documents of the Canadian Construction Documents Committee (CCDC) are widely used by both architects and engineers. Still others are used in the UK and Europe, and elsewhere.
Takeaways: (1) there are many types of standard construction documents such as AIA and EJCDC, and (2) for design-bid-build delivery, as well as construction manager as advisor (CMa) and construction manager as contractor (CMc), the “Conditions of the Contract” are part of the Owner-Contractor Contract.
A unit price contract is used when:
A - Extent of the Work cannot be fully determined or where actual quantities cannot be accurately calculated prior to construction
B - Extent of the Work is known, but the Owner desires a unit cost for portions of the Work
C - It is anticipated that Bidders will not examine soil bearing reports prior to submitting their Bid
D - Bidding quantities of equipment
Reference: PDPG 13.10.5; PDPG 13.8.3; also PDPG 12.2.4 (procurement forms).
Also see CCAPG 11.3 and 11.5.
Also see CSPG 7.8; and CSPG 7.5.2.
Answer: A - Extent of the Work cannot be fully determined or where actual quantities cannot be accurately calculated prior to construction. Use of unit prices, allowances, or alternates should always be limited to those items required for accurate bidding/pricing, to keep the Bidding Documents and processes as simple as possible.
An addendum cannot be used to change the:
A - Contract Sum
B - Date and time for receipt of Bids
C - Quality of the Work
D - Quantity of the Work
Reference: and PDPG 13.4.2.8 and 15.11.2.3, and
EJCDC C-700 Paragraph 1.01.A.1;
AIA A201 Section 1.1.1.
Also see CCAPG 8.3.
Also see CSPG 9.4.
Answer: A - Contract Sum.
Why, you ask? Because Addenda are issued during the bidding (procurement) stage (see Question No. 8), before there is a signed Contract between the Owner and Contractor, and therefore, are issued before there is a Contract Sum. When issued prior to the receipt of Bids (or, with AIA documents, prior to the signature of the Owner-Contractor Agreement), an Addendum can be used to change the date for receipt of Bids, the required quality of the Work, and the scope or extent of the Work.
What would one use to change the Contract Price (Contract Sum in AIA documents)?
Hint: It’s not an Addendum. For more on how the Contract Price/Contract Sum is modified, see PDPG 15.11.2.3, CCAPG 8.3, CSPG 9.4; EJCDC C-700 Paras. 11.02, 11.04, and 11.05; and AIA A201 Sections 7.1 and 7.2.
Which of the following is a true statement about addenda?
A - They typically arise from a change order
B - They are part of the contract documents
C - They are listed in Division 01 - General Requirements
D - They can be issued at any time during the contract period
Reference: PDPG 13.4.2.8;
EJCDC C-700 Para 1.01.A.13 and EJCDC C-520 Para. 9.01;
AIA A201 Section 1.1.1 and AIA A101 Section 9.1;
and “The Diagram”.
Also see CCAPG 1.3.1.
Answer: B - They are part of the contract documents.
This one is a little tricky. During the procurement (bidding) stage, there is no Contract, and because Addenda are issued during the procurement (bidding) stage, how can they be part of the Contract Documents?
Well, they BECOME part of the Contract Documents when the Owner-Contractor Agreement is signed. While the answer says they “ARE” part of the Contract Documents, they are at a point in time after signing the Owner-Contractor Agreement. All of the other choices to this question are COMPLETELY wrong, so Answer “B” is the best answer out of the choices available.
For a list of what constitutes the “Contract Documents”, see EJCDC C-520 (Owner-Contractor Agreement), Paragraph 9.01, and AIA A101 (Owner-Contractor Agreement), Articles 1 and 9, and AIA A201 Paragraph 1.1.1.
Select the entity which is essentially assigned the following duties and responsibilities by the Conditions of the Contract - Furnishing surveys and utility locations:
A - Architect/Engineer
B - Owner
C - Contractor
D - Varies, as stated in the Supplementary Conditions
E - None of the above
Reference: PDPG 12.2.3.1; EJCDC C-700 Paras. 4.03 and 5.05, and AIA A201 Sections 2.3.4 and 2.3.5.
Also see especially CCAPG 3.8.9 and 3.8.10.
Also see EJCDC E-500 (Owner-Engineer Agreement) Para. B2.01.D (in Exhibit B), and AIA B101 (Owner-Architect Agreement) Section 5.4
Answer: B - Owner.
Because the Owner furnishes the Site for the Contractor to construct the Work, the Owner is in the best position to have available and furnish surveys and utility locations. It is common, however, for the Owner to make obtaining and furnishing to the Contractor such information part of the A/E’s scope of professional services.
However, as the entity in control of the Site—particularly for remodeling or rehabilitation of an existing facility—the Owner should maintain a complete file of information about its own property, including surveys, utility information, reports of previous investigations of subsurface conditions and the presence at the Site of a Hazardous Environmental Condition (including the presence of common substances such as asbestos, lead-based paint, and PCBs), and record drawings of existing conditions.
Which of the following documents would typically not be produced during the schematic design phase of the Project’s Design Stage?
A - Sketches
B - Outline specifications
C - Models
D - Preliminary project descriptions
Reference: PDPG 2.2 and 2.3; and PDPG 9.4, 9.12, 9.13. 9.14, and PDPG 11.1 and 11.3.11.
Answer: B - Outline specifications.
PDPG 9.14.2 expressly states that outline specifications are developed during the design development phase.
Especially refer to PDPG 9.12 through 9.14 and PDPG 11.1 and PDPG 11.3.11 (knowledge of these sections could be worth several points on the CDT exam).
It is very important understand that different entities (such as CSI, EJCDC, and AIA, among others) have different terms for parts of the Project’s design stage, as set forth in PDPG 2.3.
Answer choices “sketches” and “preliminary project descriptions” are clearly prepared during the schematic design phase, as indicated in PDPG 9.13 and PDPG 11.3.11. “Scaled models” are also prepared during the schematic design phase per PDPG 9.13.1. (In 2010, CSI published an entire book with suggested formats for preliminary project descriptions, titled PPDFormat, which is not a required study item for the exams.)
AIA B101 defines “schematic design phase”, “design development phase”, and “construction documents phase”. EJCDC E-500 defines the following phases: “study and report phase” (not part of “design”), “preliminary design phase”, and “final design phase”. As noted in PDPG 2.3, other industry-standard documents (not covered on the CDT exam) contain yet other variations on these terms!
In 2011 CSI standardized (more-or-less) on AIA’s terms (schematic design, design development, and contract documents phase); EJCDC divides the design stage into two parts: “preliminary design” and “final design”.
For the exam, be familiar with CSI’s terms in PDPG.
Allowances, alternates, and unit prices are used to control all of the following EXCEPT:
A - Indeterminate items
B - Postponement of decisions
C - Contractor selection
D - Construction costs
Reference: PDPG 13.8 and PDPG 13.4.2.13.
Also see CSPG 7.6, 7.7, and 7.8.
Answer: C - Contractor selection.
Under the design-bid-build project delivery method, Contractor selection is determined during the procurement (bidding) stage, whether by competitive bidding or by soliciting proposals from prequalified prospective bidders.
In contrast, allowances, alternates, and unit prices are all ways of controlling project variables relative to scope, cost, and deferred design decisions, as described in PDPG 13.8.
In a specification section, all of the following are Articles in Part “1 - General” EXCEPT:
A - References
B - Submittals
C - Source Quality Control
D - Sequencing and Scheduling
Reference: PDPG 11.3.8.5, and CSI SectionFormat.
Also see CSPG 4.2.4, among other parts of the CSPG.
Answer: C - Source Quality Control; in particular see either the “SectionFormat Outline” on pages SF-6 and SF-7 of SectionFormat, or CSPG Figure 4.3. An example of source quality control is factory testing of an equipment item such as a pump or blower, or testing of any other building material that is tested at the manufacturer’s shop or other testing facility before delivery to the construction Site for installation. Such source quality control requirements are to be indicated in Part “2 - Products”. The inspection at the Project Site of erected steel is to be indicated in the Part “3 - Execution” Article titled, “Field Quality Control”.
An Advertisement for Bids:
A - Implies the Owner will be selective by inviting only certain bidders to submit bids
B - Should contain information necessary for actual preparation of a bid
C - Is most often used in Private work
D - Is a legal notice to all qualified bidders
Reference: PDPG 12.2.1
Answer: D - Is a legal notice to all qualified bidders.
Know the difference between “Advertisement for Bids” and “Invitation to Bid” (see PDPG 12.2.1.1). The correct answer is not Answer “B”, because information necessary for actual preparation of a Bid belongs in the Instructions to Bidders.
Difference between “Advertisement for Bids” and “Invitation to Bid”
Bid solicitations fall into two categories:
- Invitations to bid - 00 11 16 Invitation to Bid
- Advertisements to bid - 00 11 13 Advertisement for Bids
The invitation to bid is intended to attract qualified bidders and to help prospective bidders decide whether to obtain the procurement documents. It should be limited to pertinent data that will permit prospective bidders to judge whether the work is within their capability, whether they have the necessary qualifications, required licenses, and whether they will have time to prepare a bid.
The invitation to bid should be brief, simple, and free from irrelevant information. It is not intended to contain detailed requirements or instructions that belong elsewhere in the procurement documents. It should not contain information necessary for actual preparation of a bid, because that information belongs in the instructions to bidders. The invitation to bid should always be in writing to facilitate adequate distribution. A separate mailing to each prospective bidder is desirable.
In public work, regulations or policy usually requires that an advertisement be published as a legal notice in designated publications, newspapers, and on project reporting websites. In this case, the invitation takes the form of an advertisement for bids and is so identified. An invitation to bid implies that the owner will be selective by inviting only certain bidders to submit bids. An advertisement for bids, however, is notice to all qualified bidders, not just a select few. In private work, the legal notice is usually omitted and the invitation to bid is issued to selected contractors only.
For this question, select the entity which is generally assigned the following duties and responsibilities by the Conditions of the Contract: Clarifying and interpreting the construction documents:
A - Architect/Engineer
B - Owner
C - Contractor
D - Varies, as stated in the Supplementary Conditions
E - None of the above
Reference: PDPG 15.11.1; EJCDC C-700 Paras. 3.04 and 10.07; and AIA A201 Sections 4.2.11 and 4.2.12.
Also see CCAPG 8.1.
Answer: A - Architect/Engineer.
The A/E is typically the entity best-suited to interpret the construction documents, whether during the procurement (bidding) stage or during the construction stage, because the A/E, as the author of the construction documents and the design professional in responsible charge, best-understands the construction documents and the Project’s design intent. Because of the A/E’s ethical obligations as a licensed design professional, the A/E also has an obligation to interpret the construction documents impartially; this is an express requirement in EJCDC C-700.
For the procurement (bidding) stage, see EJCDC C-200 (Instructions to Bidders), Article 7 (e.g., Arcadis US Water Standard Construction Document “00 21 13, Instructions to Bidders (CONS)”) and, for the construction stage, see EJCDC C-700 Para. 3.04 and 10.07.
For the procurement (bidding) stage, see AIA A701 (Instructions to Bidders) Section 3.2, and for the construction stage see AIA A201 Section 4.2.11.
- Marked-up or corrected contract Drawings that indicate changes incorporated in the Work are called:
A - Bidding Requirements
B - Contract Forms
C - Conditions of the Contract
D - Record drawings
E - As-builts
Reference: PDPG 11.2.4.4, PDPG 15.11.14, and PDPG 16.8.3; EJCDC C-700 Para. 7.11, and AIA A201 Section 3.11.
Also see CCAPG 6.14; CCAPG 9.15.5 and 9.15.6.
Answer: D - Record drawings.
Record drawings incorporate all modifications made after the issuance of the Drawings and Specifications for construction, and also indicate unanticipated field conditions encountered during construction. Although the older term, “as-builts”, is often used in the industry, the term “as-builts” is discouraged by CSI, EJCDC, AIA, and by many attorneys that represent design professionals because the A/E is unable to certify the accuracy of field-recorded information furnished by the Contractor.
As supplemental material, in the near future we will distribute an article on record documents and conformed documents—both of which are commonly used in the industry and often prepared by A/Es—but that have significant, attendant risk.
For this question, select the entity which is generally assigned the following duties and responsibilities by the Conditions of the Contract: Resolution of claims.
A - Owner
B - Contractor
C - Varies, as stated in the Supplementary Conditions
D - Initial Decision Maker
Reference: PDPG 15.15.3; AIA A201 Sections 1.1.8 and 15.2.
Also see CCAPG Chapter 10 (particularly CCAPG 10.3).
Answer: D - Initial Decision Maker.
The Initial Decision Maker is an entity that exists only in AIA documents and is not used in EJCDC documents. In AIA documents, when an entity other than the Architect is named as the Initial Decision Maker, said entity is identified in AIA A101 (Owner-Contractor Agreement) Section 6.1.
In actual practice with AIA documents, the Initial Decision Maker is typically the Architect, but may be a third party considered to be neutral.
Note that a “Claim” is a substantive disagreement between the Owner and the Contractor and is a formal, written demand for a change in price, time, or other relief under the Contract. The Contract typically sets forth specific procedures and time limits for the solution of Claims. A Claim represents a substantive escalation beyond the normal process of negotiating changes to the Contract. In the coming weeks, we will share with CSI Program participants some supplemental information on the procedures for resolving construction changes, Claims, and disputes.
It appears that the 2018 PDPG somewhat misses the boat regarding the significant differences between AIA and EJCDC documents relative to construction Claims. PDPG 15.15.1 appears to imply that Claims are determined by either the Initial Decision Maker or the A/E. However, in the 2013 edition of EJCDC C-700, EJCDC substantially changed the Claims process, whereby the Engineer (as a de-facto type of “initial decision maker” that formerly determined entitlement in Claims) was removed from a decision-making role in the Claims process. As of the 2013 edition of EJCDC C-700, the Owner and Contractor are to resolve Claims by direct negotiation in good faith, and may employ mediation to assist in resolving the Claim.
However, because the PDPG 2018 authors may not have fully understood or appreciated the significant differences between AIA’s and EJCDC’s current construction Claims processes, for the exam, understand this topic “AIA’s way” which also appears to be “CSI’s way”. In actual practice using the 2013 (or later) edition of EJCDC documents, understand that the Claims process is very different from AIA’s.
For this question, select the entity which is generally assigned the following duties and responsibilities by the Conditions of the Contract: Paying for copies of Construction Documents reasonably necessary for execution of the Work.
A - Architect/Engineer
B - Owner
C - Contractor
D - Varies, as stated in the Supplementary Conditions
E - None of the above
Reference: EJCDC C-700 Para 2.02; AIA A201 Sections 2.3.6 and 1.5.2.
Also see CCAPG 3.3.2.
Answer: B - Owner.
Also see AIA A503 (2007), Guide to Preparing Supplementary Conditions—which is not a document required for the exams—for model language for revising AIA A201 Section 2.3.6 (formerly Section 2.2.5) to specify a certain number of copies to be furnished by the Owner.) Additional information on obtaining copies of the Contract Documents is in CCAPG 3.3.2.
Interestingly, AIA A201 Section 2.3.6 requires the Owner to furnish to the Contractor only one copy of the Contract Documents. EJCDC C-700 Para. 2.02, however, requires the Owner to furnish to the Contractor four copies of the Contract Documents plus one electronic copy (PDF file).
For this question, select the entity which is generally assigned the following duties and responsibilities by the Conditions of the Contract: Control of construction means and sequences in the design-bid-build project delivery method.
A - Architect/Engineer
B - Owner
C - Contractor
D - Varies, as stated in the Supplementary Conditions
E - None of the above
Reference: EJCDC C-700 Para. 7.01.A and AIA A201 Section 3.3.1; and PDPG 15.4.3 (among others).
Also see CCAPG 9.6 and CCAPG 6.1.2. Also see CSPG 1.8.2.
Answer: C - Contractor.
Only in certain, selected cases, do the Contract Documents require specific means, methods, techniques, or sequences of construction. Otherwise, responsibility for means, methods, techniques, and sequences of construction is the responsibility of the Contractor.
When the Owner, A/E, or a construction manager interfere with or take over control of (whether by intent or unknowingly) of the Contractor’s means and methods, their risk increases significantly. Thus, the Owner, A/E, and construction manager should always be cognizant of and careful to avoid being perceived as infringing on the Contractor’s responsibility for the means and methods of construction.
For this question, select the entity which is generally assigned the following duties and responsibilities by the Conditions of the Contract: The Contract can be assigned without prior consent by which party?
(Subcontracting)
A - Architect/Engineer
B - Owner
C - Contractor
D - Varies, as stated in the Supplementary Conditions
E - None of the above
Reference: AIA A201 Section 13.2.2.
Duplicate card
Answer: C - Contractor.
Assignment is when one party to a contract legally “assigns” their role and responsibilities under the Contract Documents to a third party.
Question No. 29 is unique only to AIA A201; a similar requirement does not exist in EJCDC’s standard documents. Furthermore, a contract cannot truly be assigned to another party without the written consent of both parties to the contract (i.e., Owner and Contractor). Although AIA A201 Section 13.2.2 says that the Owner has the right to assign the contract to a third party (in effect, transferring the Owner’s responsibilities and rights to the third party), an assignment cannot actually take effect without both parties to the contract signing on the same piece of paper, in effect requiring them to ‘consent” to the assignment.
The reason for AIA A201 Section 13.2.2 is because AIA documents are used typically on private construction, and private owners or developers seeking financing for, say, a commercial construction project may well need to assign the contract to a financing institution.
What is the “glue” that binds the Contract Documents together? (free-form answer—no answer choices given this time!)
Reference: PDPG 11.1.2; PDPG 11.1.5. Also see CSPG Chapter 5, “Agreements”.
Answer: If you answered “Agreement” you would not be entirely correct the correct answer is “signed Agreement” (see PDPG Figure 11.1)
Project-specific insurance requirements would usually be included in the ____ (fill in the blank).
Reference: PDPG 12.5. Also see CSPG Chapter 17
Duplicate question
Answer: Supplementary Conditions. Project-specific insurance requirements, such as the specific types of insurance and minimum coverage limits required, are typically in the Supplementary Conditions. This is always the case with EJCDC documents, and was the case with AIA documents until the 2017 edition of AIA A201 and AIA A101.
Both AIA A201 and EJCDC C-700 (General Conditions) contain basic insurance provisions. But for the Owner to require that the Contractor furnish general liability insurance of not less than a certain coverage amount, or to require that the Contractor furnish a certain type of railroad protective liability insurance, such requirements would be in the Supplementary Conditions (EJCDC C-800, Supplementary Conditions, includes model language, as does AIA A503—2007). However, with its 2017 documents, the AIA extracted the specific requirements for certain types of insurance and created at new exhibit to AIA A101 (Owner-Contractor Agreement). Thus, as of 2017, AIA includes Project-specific insurance requirements in an exhibit to the Agreement.
Also see EJCDC C-700 Article 6 and EJCDC C-800, Guide to the Preparation of Supplementary Conditions, provisions numbered SC-6.0x. Alternatively, see AIA A201 Section 11 and the insurance exhibit to AIA A101—2017.
Note that EJCDC C-800 and AIA A101 are not materials required for the CDT exams, but are extremely useful in the actual practice of preparing Supplementary Conditions. Arcadis US Water’s Standard Supplementary Conditions (“Document 00 73 01”) is developed closely from EJCDC C-800.
Article 11 of A201 and A101-2017 Exhibit A, Insurance and Bonds
Article 11 of A503 2017-2019, Insurance and Bonds
Article about the release of the exhibit
In what part of a specification section would shop testing requirements of the fabricated products be located?
A - Part 1 - General
B - Part 2 - Products
C - Part 3 - Execution
D - None; shop testing requirements should be on the Drawings
E - None of the above.
Reference: PDPG 11.3.5.6, and CSI SectionFormat. Also see CSPG 4.2.4 (particularly Figure 4.3), among other parts of the CSPG.
Answer: B - Part 2 - Products, is where requirements for shop testing also known as source quality control, are to be specified. Field (or Site) testing, also known as field quality control, is in Part “3 - Execution”.
Unfortunately, it is surprising how frequently specifiers indicate quality control requirements in the wrong location in a spec section. SectionFormat is an exceedingly important—and possibly under-regarded—organizational format. Knowing it’s basic outline will be worth several points on all of CSI’s exams.
Under the three-part SectionFormat where would Accessories be specified?
A - Division 01
B - Part 1 - General
C - Part 2 - Products
D - Part 3 - Execution
Reference: PDPG 11.3.7.4 (particularly Figure 11.13), and SectionFormat. Also see CSPG 4.2.4 (particularly Figure 4.3), among other parts of the CSPG
Answer: C - Part 2 - Products. Accessories are material items to be furnished, and are therefore part of Part “2 - Products”; certainly materials are not specified in Part “1 - General” (which includes administrative and procedural requirements) or in Part “3 - Execution” which generally includes requirements on how the products specified in Part 2 are to be installed and protected at the Site. See SectionFormat 2007 edition page SF-7 and page SF-22; also see the PDPG and CSEP figures indicated above.
Under the three-part SectionFormat where would warranty requirements be specified?
A - Division 01
B - Part 1 - General
C - Part 2 - Products
D - Part 3 - Execution
Reference: PDPG 11.3.7.4 (particularly Figure 11.13), and SectionFormat. Also see CSPG 4.2.4 (particularly Figure 4.3), among other parts of the CSPG
Answer: B - Part 1 - General. Warranty requirements are administrative in nature (e.g., they are neither product requirements nor execution/site requirements) and hence are specified in Part “1 - General”. See SectionFormat 2007 edition page SF-6 and page SF-19; also see the PDPG and CSPG figures indicated above.
Under the three-part SectionFormat where would surface preparation for shop-applied coatings be specified?
A - Division 01
B - Part 1 - General
C - Part 2 - Products
D - Part 3 - Execution
Reference: PDPG 11.3.7.4 (particularly Figure 11.13), and SectionFormat. Also see CSPG 4.2.4 (particularly Figure 4.3), among other parts of the CSPG
Answer: C - Part 2 - Products. The key to this question are the words, “shop-applied”. Surface preparation is part of the requirements for a finishing (usually painting) system. The application of shop-applied finishes is specified in Part “2 - Products” whereas application requirements for finishes (including, but not limited to painting) performed in the field (at the Site) are specified under Part “3 - Execution”. However, all finishing products, whether shop-applied or field-applied, are specified under Part “2 - Products”. See SectionFormat 2007 edition page SF-7 and page SF-22, under Finishes. Also see the PDPG and CSPG figures indicated above.
Under the three-part SectionFormat where would manufacturer’s services be specified?
A - Division 01
B - Part 1 - General
C - Part 2 - Products
D - Part 3 - Execution
Reference: PDPG 11.3.7.4 (particularly Figure 11.13), and SectionFormat. Also see CSPG 4.2.4 (particularly Figure 4.3), among other parts of the CSPG
Answer: D - Part 3 - Execution. The key to understanding this question is knowing that “manufacturer’s services” refers to services performed by the manufacturer or their representative at the Site, rather than referring to the actual materials or equipment (“products”) furnished by the manufacturer. Products are, of course, specified under Part “2 - Products”. Manufacturer’s services at the Site are part of the “Field [or Site] Quality Control” Article in Part “3 - Execution”. See SectionFormat 2007 edition page SF-7 and page SF-25, under Field Quality Control. Also see the PDPG and CSPG figures indicated above.
