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ARE 5.0 - Construction & Evaluation > Construction Observation and Administration > Flashcards

Construction Observation and Administration Flashcards

1
Q

Who reviews submittals in a CMa project delivery method?

A

CM and A

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2
Q

Who prepares change orders and construction change directives in a CMa project delivery method? Who must sign the change orders?

A

CM prepares

O/A/C + CM sign

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3
Q

Who reviews RFIs in a CMa project delivery method?

A

CM reviews and forwards to A with CM’s recommendations. A issues any supplemental drawings and specs required.

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4
Q

Through whom do O/C communicate during construction in a CMa project delivery method?

A

through CM with copies to A

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5
Q

What are 2 important meetings during CA?

A
  1. Preconstruction conference

2. Project meetings (OAC meetings)

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6
Q

How often does A visit the site during construction? Who decides how often A visits the site? What factors help determine frequency of A site visits?

A

At intervals appropriate to the stage of construction.

A decides based on:

  • size and complexity of project
  • type of construction contract used
  • exact schedule of construction operations
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7
Q

What are 3 purposes of A’s site visits?

A
  1. to become generally familiar with the progress and quality of work & keep O informed
  2. to endeavor to guard O against defects and deficiencies in the work
  3. to determine if the work is progressing in such a way that it will be in accordance with contract documents
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8
Q

What is the form which A should use to make notes of observations from site visits?

A

Field report: AIA G711 Architect’s Field Report

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9
Q

What are 2 situations in which work may need to be uncovered?

A
  1. a portion of the work has been covered contrary to A’s request or to specific requirements in the contract documents
  2. A has not specifically made a request to view a portion of the work that has already been covered
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10
Q

If the uncovered work does conform to contract, who pays the cost?

A

Owner

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11
Q

If the uncovered work does not conform, who pays the cost?

A

Contractor

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12
Q

Who/what can require field tests?

A

Laws/regulations/code
Building departments
Contract documents

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13
Q

If testing is required by the contract documents, who:

  • is responsible for arranging the testing agencies?
  • pays for the test
  • who must be given notice so they can observe the test?
A

Contractor arranges and pays for required tests.

Contractor must give Architect notice so A can come and observe.

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14
Q

If O/A or public authorities require testing beyond what is required in the contract documents, then:

  • how is the testing arranged?
  • who pays for the test?
A
  • A instructs C to arrange for testing AFTER obtaining written authorization from O
  • Owner pays for costs of testing
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15
Q

If testing is required by IBC, then:

  • how is testing arranged?
  • who pays for the cost?
A
  • A is required to develop a Statement of Special Inspections and submit to the code official for review and approval
  • O (or A as O’s agent) must engage a qualified independent special inspections firm (not C) to do the work
  • A must submit the results of inspections/testing to the code official for evaluation and approval
  • O pays for the cost
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16
Q

If testing shows that a portion of the work does not conform to contract documents, then who pays for the cost to correct the problem?

A

Contractor

** this includes additional testing and compensation for A’s services related to the issue

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17
Q

If E204 Sustainable Projects Exhibit is used, who registers the project with the certifying authority and submits application for sustainability certification to the certifying authority?

A

Architect

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18
Q

If E204 Sustainable Projects Exhibit is used, what should A notify Owner of in field report?

A

Any deviations from construction documents that may impact the sustainability measures or objective.

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19
Q

What are 3 causes for an accelerated schedule?

A
  1. Directed acceleration: Owner instructs C to accelerate work and agrees to pay additional costs through a change order
  2. Voluntary acceleration: C decides to accelerate work because:
    - work has fallen behind original schedule
    - C is trying to collect a bonus for finishing early
    - C wants to move personnel to another job
  3. Constructive acceleration: a situation occurs that causes an excusable or unavoidable delay (weather, deliveries, change orders, etc), but acceleration is not required by O/C
    - C must determine how to accelerate work to meet the project deadline
    - C may choose to file a claim for damage is extra time is warranted but not given, and C had to incure extra expenses to complete work on time
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20
Q

How often does C receive payment from O?

A

Monthly

21
Q

How and when does C initiate payment?

A

Submits to A a notarized application for payment at least 10 days before payment date established in O/C agreement

22
Q

What should the application include?

A
  • Value of work (labor & materials) completed to date

- Value of materials purchased and in acceptable storage but not yet incorporated into the work

23
Q

What does Architect’s certification of application for payment mean?

A

It is confirmation by A that the work has progressed to the point indicated and that, to the best of A’s knowledge, information, and belief, the quality of work is in accordance with the contract documents.

24
Q

Amount due to C is based on what factors?

A

+ the portion of the contract sum properly allocable to the work completed and to any materials/equipment that have been purchased and store on site for later use
+ portion of construction change directives that A determines to be reasonably justified
- amount is reduced any payments already made
- amount is reduced by any amount for which C does not intend to pay a subcontractor of material supplier, unless the work has been performed by others and the contractor does intend to pay
- Retainage

25
Q

What is retainage? Until when is it withheld?

A

a percentage of each payment (usually 10%) that is withheld until final completion

26
Q

When can A withhold payment? What are 7 situations of this?

A

If A cannot represent that amount of work done or materials stored is in conformance with the application. This is done to protect the Owner.
examples:
- defective work not remedied
- repeated failure of C to carry out work in accordance with contract documents

  • damage to O or separate contractor
  • reasonable evidence that work cannot be completed for the unpaid balance of the contract sum
  • reasonable evidence that work will not be completed on time and the unpaid balance will not be sufficient to cover damages due to delay
  • third party claims
  • known failure of C to make payment to subcontractors
27
Q

When can C notify A in writing that the work is ready for final inspection and final application for payment?

A

After the final punch list inspection

28
Q

Before final certificate may be released, C must submit to A the following 5 items:

A
  • Affidavit stating payrolls, materials, and debts for which O might be responsible have been paid
  • Certificate showing insurance required by contract documents will not be cancelled or allowed to expire without at least 30 days notice to O
  • Written statement that C knows of no reason that insurance will not be renewable
  • Consent of surety to final payment (if applicable)
  • Any other data required by O that establishes evidence of payment of obligations, such as releases and waiver of liens
29
Q

In a construction change directive, what 3 methods can A use to determine the adjustment in cost? What if C disagrees with the cost change?

A
  1. lump sum, properly itemized and mutually accepted
  2. unit prices previously agreed to in the specs
  3. costs determined by mutual agreement on a fixed price or percentage fee

As provided per A201 in the case that C disagrees with cost change, A determines cost adjustment based on evaluation of reasonable expenditures for additional labor and materials required, calculated savings for deleted work, costs of workers’ benefits, equipment rentals, supplies, bond/insurance premiums, field supervision, permit fees, reasonable contractor profit

30
Q

What is the process of a change order?

A
  1. Any of the parties may suggest a change order, but most often A submits proposal request to C, accompanied by supporting drawings/docs
  2. C submits a quotation of price and time to change to A for review
  3. A evaluates and recommends approval, modification, or rejection of proposal to Owner
  4. Owner makes final decision
31
Q

What 3 things does the Contractor review submittals for?

A
  1. verifying field measurements
  2. checking materials
  3. Coordinating other construction criteria
32
Q

What does A review submittals for?

A

conformance to contract documents in terms of design

33
Q

What is the difference between an Action and Information submittal?

A

Action submittal: requires A’s review and approval before the product may be used on the project
Information submittal: do not require a response from the architect

34
Q

How is submittal review time determined?

A
  1. A201 requires C to prepare a schedule of submittals that allows A reasonable time to review
  2. In the submittals sections of specifications Division 01, A indicates the procedure for making submittals, including time C must allow for review
35
Q

What are the 4 ways A can mark a submittal?

A

Approved
Approved as corrected
Revise and Resubmit
Rejected = material/product is not suitable for use on the project

36
Q

If C fails to correct nonconforming work, what is the Owner’s rights?

A
  • O may order C to stop work until issue is resolved

- O has the right to carry out the work if C fails to do so correctly and to charge the cost to C

37
Q

What are the two cases in which nonconforming work may be accepted? How must the Architect and Contractor document each?

A
  1. There are cases in which nonconforming work does not conform to the design intent or requirements of contract documents, yet may be acceptable by A in terms of appearance, functionality, and quality
    - A may accept nonconformity with approval from O
    - A must document accepted nonconformity on field report
  2. There are cases in which nonconforming work is not acceptable to A, but is acceptable to O.
    - O has final authority to accept the deviation
    - A must document difference as nonconforming on certificate of sbstantial completion
    - C must document deviation on as-builts
38
Q

If an accepted deviation is less expensive than original, then…

If an accepted deviation is more expensive than original AND due to C’s error or was made without O’s approval, then…

A

O has the right to request a credit for the difference.

C pays the cost.

39
Q

What is a claim?

A

a demand or assertion by O or C seeking:

  • payment of money,
  • an extension of contract time,
  • an adjustment or interpretation of contract terms, or
  • other relief from terms of the contract
40
Q

What are 2 common reasons for claims?

A
  1. Claims for additional time (ie weather)
  2. Claims for concealed or unknown conditions
    Must meet 2 criteria to be valid:
    - They must be subsurface in nature or otherwise physically concealed, causing the site to differ from what is shown on contract documents
    - They must be of an unusual nature that is different from what would ordinarily be found
41
Q

Within what time period must claims be made?

A

Claims must be made within 21 days from occurrence of what prompted the claim or after person making the claim first recognized the problem

42
Q

when using an IDM, how long does an IDM have to take action after receiving a claim? What are the 6 ways in which an IDM may respond?

A

10 days to:

  1. Requesting additional documentation/evidence
  2. Suggest a compromise
  3. Accepting the claim
  4. Reject claim
  5. Advising both parties IDM is unable to resolve because of lack of sufficient information
  6. Advising both parties that it would be inappropriate for IDM to resolve the claim
43
Q

If IDM asks O/C to respond to a claim or provide additional info, in what period of time must O/C must respond? What are the 3 ways O/C may respond?

A

10 days to:

  1. Give information
  2. Tell IDM when info will be furnished
  3. Tell IDM that no supporting evidence will be furnished
44
Q

IS approval or rejection of a claim by IDM final and binding?

A

Yes, but it is subject to mediation and binding dispute resolution (arbitration or litigation)

45
Q

If the dispute cannot be solved by IDM, O/C must try to resolve through ______ before arbitration or litigation?

A

Mediation

46
Q

In mediation, what is the mediators goal?

A

Mediator facilitates a discussion between the parties to guide parties toward reaching their own settlement
(Mediator is not a judge)

47
Q

Is mediation binding?

A

No.

48
Q

In arbitration, can decisions be repealed?

A

No.

ARE 5.0 - Construction & Evaluation (5 decks)

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