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Management of Engineering and Construction Projects > Contract Documents > Flashcards

Contract Documents Flashcards

1
Q

What is the purpose of the project contract?

A

Legally binding agreement between two or more parties that outlines the rights, obligations, and responsibilities of each party involved.

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2
Q

How is the project contract used?

A

The contract is a tool for defining the relationships and obligations between the owner, contractor, subcontractors, suppliers, and other parties involved in the project.

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3
Q

What is specified in the project contract?

A

The project contract outlines the scope of work, project specifications, timelines, deliverables, payment terms, warranties, dispute resolution mechanisms, and other important items.

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4
Q

How does the project contract provide legal protection?

A

The project contract provides legal protection and remedies in cases of non-performance or breaches of agreement.

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5
Q

What are some specific sections that are included in the contract?

A
  • general project description
  • statement of work
  • contract documents
  • time for completion
  • termination
  • payments
  • contractual claims
  • compensation to be paid to CM
  • non-discrimination
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6
Q

What specific documents are included in the contract documents?

A
  • contract forms
  • contract conditions
  • specifications
  • drawings
  • addendum
  • contract modifications
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7
Q

What items are included in the bidding requirements?

A

Bidding requirements include:
- the invitation to bid
- instructions to bidders
- information available to bidders
- bid forms and attachments
- bid security forms

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8
Q

What are contract documents ?

A

Contract documents are a collection of written and graphic materials that form a legal contract between the owner and the contractor.
They provide a comprehensive understanding of the project’s requirements, specifications, and terms and conditions.

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9
Q

Which documents are included in the contract documents?

A

Contract Agreement, Drawings,
Specifications, General Conditions,
Special Conditions, Addenda

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10
Q

What are drawings?

A

Drawings provide visual representations of the project and serve as a primary means of communicating the design, dimensions, and specifications to the contractor and other stakeholders.

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11
Q

What types of drawings are there?

A
  • Civil
  • Architectural
  • Structural
  • Electrical
  • Mechanical
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12
Q

What information can be found in the drawings?

A

The drawings include views in the plan and section view and include details, general notes, and specific notes.

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13
Q

What are specifications?

A

Specifications are included in the drawings and provide additional information, including materials, finishes, construction techniques, and quality standards.
Specifications complement the drawings to ensure a comprehensive understanding of the project requirements.

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14
Q

Why are specifications needed?

A
  • Specifications used in conjunction with plans help describe detail that cannot be conveyed by graphic depictions alone.
  • They provide detailed information and requirements for materials, products, equipment, and workmanship to guide the contractors.
  • Specifications also outline technical standards, performance criteria, and quality expectations.
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15
Q

What are some types of specifications?

A
  • General Requirements
  • Technical Specifications
  • Construction Specifications
  • Special Provisions
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16
Q

In the specifications, what are general requirements?

A

Scope of work, project location, permits, codes and standards to be followed, project schedule, and any special conditions or constraints.

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17
Q

In the specifications, what are technical specifications?

A

Technical specifications include information about materials, products, and equipment.

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18
Q

In the specifications, what are construction specifications?

A

Construction processes and workmanship requirements.

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19
Q

In the specifications, what are special provisions?

A

Project-specific guidelines such as sustainability requirements, safety protocols, and/or quality control measures.

20
Q

What are the general conditions?

A

General conditions are a section of the contract documents that outline the legal and administrative terms and conditions that govern the project and the relationship between the owner and the contractor.

21
Q

What are special conditions (also known as supplemental or supplementary conditions)?

A
  • Additional provisions or modifications specific to a particular construction project.
  • Provide additional details or requirements that are unique to the project.
  • Typically prepared by the project owner or the owner’s representative in collaboration with the
    project team.
22
Q

What are some items that are classified as special conditions?

A
  • Project-specific requirements
  • Local regulations and permits
  • Project schedule and milestones
  • Change order procedures
  • Payment terms
  • Site-specific conditions
  • Insurance and bonding requirements
  • Project-specific legal provisions
23
Q

A change from the general condition is what?

A

A change from the general condition is a special condition

24
Q

What is the addendum (addenda)?

A

The addendum/addenda is a document or set of documents that are added to or modify the original contract documents.
The addenda/addendum is issued by the owner or the architect/engineer during bidding to provide additional information, clarification, or changes to the project requirements.

25
Q

What is a change order?

A

Change orders are modifications made to the original contract terms and conditions.
- These changes arise during the course of a construction project due to various factors, such as design revisions, unforeseen site conditions, owner requests, or other circumstances that necessitate adjustments to the scope, schedule, or cost of the project.

26
Q

What are some common reasons for change orders?

A
  • unforeseen obstacles
  • incorrect building plans
  • inspection requirements
  • additional features
  • delivery delays
  • inaccurate budgets
27
Q

What are liquidated damages?

A

Liquidated damages are contractual provision that establishes the predetermined amount of
compensation or penalty that one party (typically the owner) can recover from the other party (typically the contractor) in the event of a specific breach or failure to meet certain contractual obligations.

28
Q

What does a contract provide in regard to liquidated damages?

A

The contract will typically specify a daily or weekly rate of liquidated damages that the contractor must pay for each day or week that the project exceeds the agreed-upon completion date

29
Q

What are some common things associated with liquidated damages?

A

Delays in project completion are commonly associated with liquidated damages.

30
Q

What is the purpose of establishing liquidated damages?

A
  • to establish compensation to the owner for actual losses or damages suffered
  • to avoid the need for lengthy and costly litigation or disputes
  • provides incentive to the contractor to meet the projects deadlines and performance requirements
  • allocates the risk of delay or breach between the parties
31
Q

What are construction bonds (also known as contract bonds or construction surety bond)?

A

Construction or contract/surety bonds provide financial protection and guarantees the performance of a contractor on a construction project
The bond is a three party agreement between the contractor (principal), the project owner (obligee), and the surety company. It is an assurance to the owner that the contractor has the financial and technical capability to complete the project as agreed.

32
Q

How do construction bonds work?

A

Construction bonds evaluate the contractor’s financial stability, track record, and ability to fulfill their obligations. The bond amount is usually a percentage of the contract value.

33
Q

Who bears the cost of the construction bond?

A

The contractor pays a premium to the surety company and therefore bears the cost of the construction bond.

34
Q

Who issues construction bonds?

A

Construction bonds are issued by a surety company

35
Q

What are bid bonds?

A

Bid bonds are submitted by the contractor with their bid proposal. Bid bonds provide assurance to the project owner that the contractor will enter into the contract if their bid is accepted. The bid bond is security that the contractor will not withdraw their bid or fail to begin work and is a percentage of the bid price.

36
Q

Who determines the bid bond price?

A

Bid bonds are determine by the owner or local regulations.

37
Q

When are performance bonds awarded?

A

Performance bonds are issued once the contract has been awarded.

38
Q

What does the performance bond guarantee?

A

The performance bond guarantees that the contractor will perform the work according to the terms of the contract including completing the project within the specified time frame and meeting quality standards.

39
Q

How does a performance bond help in the case of a contractor who fails to perform work?

A

If the contractor fails to perform, the performance bond provides financial compensation to the owner to cover the costs of completing the project or any damages incurred.

40
Q

What do payment bonds ensure ?

A

Payment bonds ensure that the contractor will pay subcontractors, suppliers, and laborers involved in the project.

41
Q

Do payment bonds provide any kind of financial protection?

A

Payment bonds provide financial protection to subcontractors, suppliers, and laborers by guaranteeing that they will receive payment for the work and materials they provide, in case the contractor fails to make the necessary payments.

42
Q

What happens if a contractor defaults on their payment obligations?

A

If the contractor defaults on their payment obligations, the payment bond can be used to compensate the unpaid parties.

43
Q

Where do funds from the payment bond come from?

A

The payment bond is a percentage of the total contract value and is intended to cover the full values of potential payment claims.

44
Q

What is the purpose of the bid bond, performance bond, and the payment bond?

A

Bid Bond: security for the owner that the contractor will not withdraw their bid or fail to begin work
Performance Bond: security for the owner that the contractor will complete the work contracted and specified
Payment Bond: Security for the owner that the contractor will pay all subcontractors for work/services rendered

45
Q

What are some items taking place during bidding and procurement?

A
  • soliciting bids form contractors
  • contractor selection and negotiation
  • permitting and regulatory compliance
  • project mobilization
  • procurement & delivery of materials
  • pre-construction meetings
  • risk & safety planning

Management of Engineering and Construction Projects (7 decks)

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