Construction Documents & Services 1 Flashcards
mechanic’s lien
A claim on property by those who furnish material or labor for the construction of a building. Clear title to the property cannot be obtained until the claim is settled.
substantial completion
As defined in the AIA General Conditions, completion of a project to the point where the owner can occupy all or designated portions of the work for the purpose for which it is intended.
overhead expense
Expenses indirectly incurred and not chargeable to a specific project. Also called indirect expense.
subrogation
The substitution of one entity for another with regard to legal rights.
record drawings
Drawings revised to show changes made during construction. Sometimes called as-built drawings.
contingency allowance
An amount included in a construction budget, normally 5-10%, to provide for unforeseen or unpredictable costs.
consultant
An engineer or other specialist retained by the architect to provide specified professional services to the architect which the architect is required to provide to the owner under the owner-architect agreement.
sample
A material or assembly submitted for the architect’s approval prior to manufacture or delivery to the project.
contract documents
Working drawings, specifications, addenda, general conditions of the contract, supplementary conditions, and the owner-contractor agreement.
fast-track
Describing a construction procedure in which construction on each phase of a project is begun when it’s design is completed, without waiting for overall project design completion.
warranty
A legally enforceable assurance of the quality of materials and labor furnished for a project, or of the length of time that a project or a part thereof will perform satisfactorily. Also called guarantee.
Americans with Disabilities Act (ADA)
Federal civil rights legislation which establishes the right of persons with disabilities to equal access to sites and buildings and sets design guidelines for its implementation.
additional services (of the architect)
Professional services rendered by the architect, upon the owner’s request, in addition to the basic services identified in the owner architect agreement. Also called extra services.
means of egress
The elements which comprise an exit to the outside, including aisles, corridors, doors, and stairways.
single prime contract
A contract for building construction under which one prime contractor is responsible for the entire project, in contrast to having separate contracts.
deposit for bidding documents
A deposit of money required for each bidder as security for the bidding documents, to ensure the return of the documents by unsuccessful bidders.
post-completion services
Additional services rendered to the owner by the architect following actual completion of the project.
superintendent
The contractor’s representative at the site.
guarantee
A legally enforceable assurance of the quality of materials and labor furnished for a project, or of the length of time that a project or a part thereof will perform satisfactorily. Also called warranty.
subcontractor
One who has a contract with a prime contractor to perform a portion of the work.
extra services
Professional services rendered by the architect, upon the owners request, in addition to the basic services identified in the owner-architect agreement. Also called additional services (of the architect).
lowest acceptable bona fide bid
The lowest bid which complies with all the stipulated requirements.
advertisement for bids
Published public notice soliciting proposals for a construction project.
approved equal
A material or method that is approved by the architect as being equivalent to what was originally specified.
Pert
Acronym for Project Evaluation Review Technique. A form of network analysis developed for military work and similar to the critical path method.
Davis-Bacon Act
Federal legislation that requires the Department of Labor to set prevailing wages for government-financed construction projects.
surety bond
An agreement under which one party (the surety or bonding company) guarantees to make good to another party (the obligee or owner) the debt, default, or failure to perform of a third party (the principal or contractor). Also called a bond.
indirect expense
Expenses indirectly incurred and not chargeable to a specific project. Also called overhead expense.
basic services
The architectural services normally required for a building project, usually consisting of schematic design, design development, construction documents, bidding or negotiation, and construction contract administration.
certificate of substantial completion
A document prepared by the architect stating that the work is substantially complete, thereby establishing the date of substantial completion. It generally fixes the time within which the contractor must complete the unfinished work listed.
observation
On-site examination of the contractor’s work by the architect to determine in general if it is proceeding in accordance with the contract documents.
supplementary conditions
Part of the contract documents, prepared by the architect, which may modify provisions of the general conditions of the contract.
final completion
The completion of all work in accordance with the terms and conditions of the contract documents.
performance specification
A specification which defines products or systems by describing end results.
float
The extra time available for a construction activity above its estimated time duration, without causing any delay of project completion.
construction change directive
A document signed by the owner and the architect, which authorizes a change in the work, the contract sum, or the contract time. It is used when there is not complete agreement on the terms of a change order.
waiver of lien
A document by which one relinquishes the right of a mechanics lien against the property of another.
project budget
The sum established by the owner as available for the entire project, including the construction budget, land cost, equipment cost, financing cost, cost of professional services, and contingency allowances.
general contract
The agreement between the owner and the contractor for the construction of a project.
upset price
An amount established in an agreement between an owner and the contractor as the maximum cost of performing specified work. Also called the guaranteed maximum cost.
special conditions
Part of the contract documents, other than the general and supplementary conditions, describing unique conditions of a project.
XCU
The exclusion from insurance coverage for liability arising out of (X) explosion or blasting, (C) collapse of or structural damage to a building, and (U) underground damage caused by mechanical equipment.
surety
An individual or company that guarantees to make good to another party the debt, default, or failure to perform of a third party.
substitution
A material, system, or product proposed by a contractor as being equivalent to that required by the contract documents.
cash allowance
An amount not included in the contract sum to cover the cost of certain items not specified in detail. Hardware and other finish items are often handled in this manner.
total quality management (TQM)
An approach to the delivery of goods or services in which quality is determined by customer satisfaction and conformance to requirements.
negligence
Failure to meet the ordinary standard of care expected of an architect or other professional in a specific circumstance.
clerk of the works
The owner’s job site representative.
estimate
A forecast of probable costs, as opposed to a firm bid.
construction management (CM)
Management services performed by the architect or others, over and above normal architectural services, that contribute to the control of time and cost in the construction project.
working drawings
The part of the contract documents, prepared by the architect, which graphically illustrates the construction required for the project.
payment request
A contractor’s written request for payment of the amount due on account of work completed and/or materials suitably stored on site. Also called application for payment.
change order
A written order to the contractor, prepared by the architect and signed by the owner, contractor, and architect, which authorizes a change in the work, the contract sum, or the contract time.
as-built drawings
Drawings revised to show changes made during construction. Also called record drawings.
prime contractor
Any contractor on a project who has a contract directly with the owner.
bid
A proposal by a contractor to do the work required by the contract documents for a stipulated sum of money.
progress payments
Payments made to the contractor during progress of the work on account of work completed and/or materials suitably stored.
penalty
A charge against the contractor for failing to complete the project by a specific date.
barrier-free provisions
Regulations which provide for accessibility to buildings and sites for persons with disabilities.
sick building syndrome
A term used to describe poor air quality, which can lead to discomfort and possibly disease.
separate prime contract
One of several owner-contractor agreements for a project, each of which provides for constructing a major portion of the work (general construction, electrical, mechanical, etc.) by a different contract.
submittal
A shop drawing, project data, or sample submitted by the contractor to the architect for review prior to incorporation in the work.
base bid
The sum of money stated in the bid for which the bidder offers to do the work, not including any alternate bids.
punch list
A list of items to be corrected or completed, which is provided by the contractor and usually expanded by the architect based on a detailed inspection of the work prior to substantial completion.
key plan
A small-scale plan of a building or complex of buildings.
addenda
Statements or drawings which modify the basic contract documents after the latter have been issued to the bidders, but prior to taking of bids.
shop drawings
Drawings prepared by the contractor, subcontractor, manufacturer, or supplier, showing how specific portions of the work shall be fabricated and/or installed.
project manual
The manual prepared by the architect for a project, including the technical specifications, bidding instructions and forms, general conditions, supplementary conditions, special conditions, and other legal and administrative documents.
construction documents
Working drawings and specifications.
contract sum
The total amount payable by the owner to the contractor, as stated in the owner-contractor agreement, for performing the work under the contract documents.
statute of limitations
An ordinance which specifies the period of time within which legal action must be brought to obtain legal relief for damage or injury.
deductive alternate
A proposal by a bidder for an amount to be subtracted from the base bid if the corresponding change in the work is accepted.
retainage
An amount withheld from each payment to the contractor in accordance with the terms of the owner-contractor agreement.
closed proprietary specification
A proprietary specification which requires a particular brand or trade name and does not permit any substitution.
standard of care
The requirement that a professional exercise reasonable ability and judgement in a specific circumstance, the absence of which constitutes negligence. Also called due care.
hold harmless clause
A contractual obligation whereby one party agrees to guarantee another party against loss or damage from specified liabilities. Also called indemnification.
comprehensive services
The architect’s basic services expanded to include certain additional services, such as programming, land use studies, and so on.
work
All materials and/or labor required for a project.
construction budget
The sum established by the owner as available for construction of the project.
NIC
Abbreviation for not-in-contract, referring to items neither furnished nor installed by the contractor.
specifications
Part of the contract documents, comprising written descriptions of materials, construction systems, and workmanship.
express warranty
A legally enforceable promise made by the warrantor.
project representative
The architect’s representative at the site, who assists in the general administration of the construction contract for a project.
certificate for payment
A statement by the architect informing the owner of the amount due the contractor on account of work completed and/or materials suitably stored.
application for payment
A contractor’s written request for payment of the amount due on account of work completed and/or materials suitably stored on site. Also called payment request.
alternate bid
A proposal by a bidder for an amount to be subtracted from or added to the base bid if the corresponding change in the work is accepted. This may be either a deductive or additive alternate.
agent
One who acts on behalf of another.
certificate of occupancy
A document issued by the governing authority stating that a building complies with applicable laws and permitting occupancy for its designated use.
Division One
The General Requirements Division of the specifications which establishes the administrative and procedural duties of the contractor, architect, and owner during construction.
proprietary specification
A specification which calls for desired materials, products, systems, and equipment by their trade names and model numbers.
critical path method (CPM)
A system of planning and scheduling construction operations which analyzes sequences and durations of time using network diagrams.
direct expense
Expense items directly incurred by or attributable to a specific project.
contract time
The period of time within which the work must be completed, as established in the contract documents.
general conditions
The part of the contract documents which states the rights, responsibilities, and relationships of the parties involved, usually by means of standard documents published by the A.I.A.
insurance
Coverage by contract (insurance policy), whereby one party (the insurance company) agrees to indemnify or reimburse another (the insured) against loss from a specified hazard.
arbitration
An alternative to litigating a dispute, in which one or more arbitrators hears the evidence and renders a decision.
indemnification
A contractual obligation whereby one party agrees to guarantee another party against loss or damage from specified liabilities. Also called the hold harmless clause.
bonus and penalty clause
A provision in the construction contract for payment of a bonus to the contractor for completing the project prior to a specific date, and for a charge (penalty) against the contractor for failing to complete the project by that date.
additive alternate
A proposal by a bidder for an amount to be added to the base bid if the corresponding change in the work is accepted.
addition (to the contract sum)
An amount added to the contract sum either by an accepted additive alternate or by a change order.
supervision
Direction of the work by the contractor’s personnel. Supervision is not the responsibility of the architect.
trade discount
The difference between the list price and the actual price paid.
date of substantial completion
The date, certified by the architect, when the construction is sufficiently completed, in accordance with the contract documents, so that the owner can occupy the project for the intended use.
reference specification
A specification which refers to quality standards established by recognized testing authorities or by the federal government.
due care
The requirement that a professional exercise reasonable ability and judgement in a specific circumstance, the absence of which constitutes negligence. Also called standard of care.
program
A written statement of the owner’s conditions and requirements for the project.
open proprietary specification
A proprietary specification which names several acceptable materials, products, or systems, any of which may be used by the contractor.
extra
An item of work involving additional cost.
unit price
An amount, stated in dollars per unit, provided by the contractor with his bid for adding or deleting specific portions of the work.
descriptive specification
A specification which describes all product components, arrangements, assembly methods, properties, and other details and requirements.
release of lien
A legal document signed by a supplier of material or labor for a project, which releases his mechanic’s lien against the property.
notice to bidders
Instructions in the bidding documents for preparing and submitting bids for a project. Also called instructions to bidders.
bond
An agreement under which one party (the surety or bonding company) guarantees to make good to another party (the obligee or owner) the debt, default, or failure to perform of a third party (the principal or contractor). Also called surety bond.
performance bond
A bond which guarantees to the owner that the contractor will perform the work in accordance with the contract documents.
invitation to bid
An invitation to a selected list of contractor’s soliciting bids for a project.
bid bond
A surety bond guaranteeing that the bidder will sign a contract, if offered, in accordance with his or her proposal.
instructions to bidders
Instructions in the bidding documents for preparing and submitting bids for a project. Also called notice to bidders.
incentive clause
A clause in a cost plus fee contract between the owner and contractor in which the savings between the guaranteed maximum cost and the actual project costs are proportionally shared.
cost-plus-fee contract
An agreement under which the contractor, or the architect, is reimbursed for his or her costs, and, in addition, is paid a fee for his services.
stipulated sum contract
An agreement under which the architect or contractor is paid a specific amount as the total fee for services performed. Also known as a lump sum contract.
lump sum contract
An agreement under which the architect or contractor is paid a specific amount as the total fee for services performed. Also called a stipulated sum contract.
percentage agreement
An owner-architect agreement under which the professional fee is based upon a percentage of the construction cost of the project.
multiple of direct personnel expense agreement
An agreement providing for payment for professional services based upon the direct personnel expense multiplied by an agreed factor.
professional liability insurance
Insurance which financially protects an architect against claims for damages resulting from professional negligence. Also called errors and omissions insurance.
certificate of insurance
A memorandum which outlines the types and limits of the insurance coverages carried by the contractor for a project.
fixed limit of construction cost
The maximum allowable cost of the construction work, as established in the owner-architect agreement.
guaranteed maximum cost
An amount established in an agreement between an owner and a contractor as the maximum cost of performing specified work. Also called the upset price.
property insurance
Fire and property damage insurance for a project during construction, usually purchased by the owner. Also called builder’s risk insurance.
bidding documents
The invitation to bid, instructions to bidders, bid form, and the contract documents.
letter of intent
A letter signifying intention to enter into a formal agreement and setting forth the general terms thereof.
option
A choice given to the contractor to provide specified alternates without prior approval of the architect.
schedule of values
A statement furnished to the architect by the contractor reflecting the amounts to be slotted for the principal divisions of the work. It serves as a guide for reviewing the contractor’s periodic application for payment.
CSI Master Format
A systematic listing of construction trades, materials, systems, and administrative requirements published by the Construction Specifications Institute (CSI) for the purpose of organizing construction specifications.
liquidated damages
A sum chargeable against the contractor as reimbursement for damages suffered by the owner because of the contractor’s failure to complete the work within a specified time.
labor and material payment bond
A bond guaranteeing to the owner that the contractor will pay for all labor and materials used for the project.
workers’ compensation insurance
Insurance which covers workers’ job-related injuries, usually required by law.
builder’s risk insurance
Fire and property damage insurance for a project during construction, usually purchased by the owner. Also called property insurance.
direct personnel expense (DPE)
Salaries and wages attributable to a specific project, plus benefits such as employment taxes, insurance, sick leave, holidays, vacations, pensions, and similar contributions and benefits.
completion bond
A bond obtained by the contractor or owner, which guarantees that the project will be completed free of liens.
errors and omissions insurance
Insurance which financially protects an architect against claims for damages resulting from professional negligence. Also called professional liability insurance.
liability insurance
Insurance which financially protects the insured against liability on account of bodily injury or property damage sustained by another.
