Contracts Flashcards
What is AIA B101?
Owner-Architect contract
AIA B101 - Article 1: Initial Information
program
physical characteristics
owner’s budget for cost of work, delivery method, milestone dates
owner’s & arch’s representative
owner’s consultants & contractors (geo tech)
architect’s consultants & contractors for basic services (structural, mechanical, electrical)
AIA B101- Article 2: Architect’s Responsibilities
arch must be licensed in local jurisdiction
provide services in accordance with standard of care
arch to carry insurance policies: general liability, automobile, worker’s comp, employer’s liability, professional liability (errors + omissions)
arch can request reimburse for addle insurance
AIA B101 - Article 3 Scope of Architect’s Basic Services
coordinate with owner & owner’s consultants
submit schedule of services (owner provides date for commencement of construction and date of substantial completion)
contact govt authorities for approval and filing of construction docs
What are Architect’s Basic Services?
Schematic Design
Design Development
Construction Document
Procurement Phase (Competitive bidding vs. negotiated proposals)
Construction Administration
AIA B101- Article 4: Supplemental Services
Supplemental Services: activities beyond Basic Services (BIM management, cost estimates, landscape design etc)
Additional Services: services added after the contract is signed (digital models, public presentations, out of sequence submittal review, substitutions from owner/gc that require cd changes)
AIA B101 - Article 5: Owner’s Responsibilities
owner to:
provide budget w/ contingency
provide survey, borings, site remediation
coordinate work of their consultants with architect’s work
notify architect if any issues with arch’s dwgs
AIA B101 - Article 6: Cost of Work
arch to evaluate cost of work
if lowest bid is above cost of work, arch to provide budget reconciliation services at no cost
if procurement phase does not start within 90 days of completion of CD’s, owner’s cost of work to be adjusted
What is Cost of Work?
total cost to owner to construct all elements of project designed or specified by the architect
includes: contractor’s general conditions, overhead, and profit
discludes: architect’s fee, cost of land, contingencies
AIA B101 - Article 7: Copyrights and Licenses
architect grants non-exclusive license to instruments of service to owner for purpose of constructing and maintaining project
AIA B101 - Article 8: Claims and Disputes
if claim or dispute happens - follow steps of conflict resolution: negotiation, mediation, arbitration, litigation
AIA B101 - Article 9: Termination or Suspension
if owner suspends project or architect’s services, architect is compensated for services to that point. When project resumes, architect is compensated for project related expenses during interruption
owner can terminate services without cause
owner pays architect a termination fee and licensing fee if they want to continue using instruments of service
AIA B101 - Article 11: Compensation
Typical proportion of fee:
SD 15%
DD 20%
CD 45%
BID 5%
CA 15%
Reimbursable expenses: out of town travel, permitting, printing, renderings, site office expenses, etc
What is AIA A201?
General Conditions (does not describe a contractural relationship)
AIA A201 - Article 2: Owner
- the owner is required to pay for approvals, easements, assessments, and all charges required for construction.
- the owner must retain an architect licensed in the jurisdiction of the project
- the owner has the right to stop work if it is nonconforming
- the owner has the right to correct work if the contractor neglects to carry out work, and fails to correct it after 10 days notice
AIA A201 - Article 1: General Provisions
the architect and their consultants have sole ownership over the instruments of service
AIA 201 - Article 3: Contractor?
- the contractor must carefully study the cd’s and promptly report any inconsistencies or omissions
- the contractor is NOT required to determine if the cd’s conform to laws, rules, or regulations
- the contractor is solely responsible for construction means, methods, techniques, sequences, and procedures
- the contractor must provide and pay for labor, materials, equipment, tools, water, heat, facilities, etc
- the contractor secures and pays for the building permit and other permits required by govt agencies
- contractor must report concealed or unknown conditions to the architect & owner within 14 days of observance
AIA 201 - Article 3: Contractor (cont)
- after contract is awarded, the contractor submits a construction schedule, with project commencement, milestones, substantial completion, submittal schedule
- shop dwgs, product data, and samples are NOT contract documents, but proof of conformance provided by contractor
- architect is responsible for approving submittals, samples, and project data for conformance with design docs but contractor is still ultimately responsible for their compliance
- contractor indemnifies and holds harmless the architect & owner from claims resulting from performance of the work if the contractor’s negligence or omissions caused the damage
AIA 201 - Article 4: Architect
- architect serves as owners rep during construction unless another party is specified
- architect prepares change orders & construction change directives
- architect determines if the contractor’s work is in accordance with cd’s and reports nonconforming work to the owner
- architect provides certificates of payment for the contractor at stipulated intervals
- architect must approve dates of substantial completion and final completion
AIA A201 - Article 5: Subcontractors
contractor takes liability for the subcontractor
AIA A201- Article 6: Construction by Owner or by Separate Contractors
the owner is responsible for coordinating their own contractors
AIA A201 - Article 7: Changes in the work
-change order - signed by owner, contractor, and architect. describes a change in work with an agreed upon price and schedule impact
-construction change directive: signed by owner & architect, but NOT contractor. a change in the work without an agreed upon price & schedule impact
AIA A201 - Article 8: Time
contract time is binding but may be extended to accommodate: faults of architect, owner, or separate contractor. fire. adverse weather. changes to the work.
contract time is ‘of the essence’ - work must be completed by specified dates or they are in breach of the contract
AIA A201 - Article 9: Payments and Completion
- contractor provides a schedule of values (either stipulated sum or GMP) to arch. this is used by arch to review contractor’s applications for payment
- contractor submits an itemized application for payment
- within 7 days of receipt of application for payment, arch issues a certificate of payment to the owner. could be entire sum or partial amount they think is owed
- Certificate of payment: certifies that work has progressed to the point indicated by the contractor
- Arch can withhold C of P if - work is nonconforming, contractor cannot pay their subcontractors, work cannot be completed for the contract sum or time
- Substantial completion: when owner can occupy and utilize project
- final completion: arch issues last certificate for payment, work is complete
AIA A201 - Article 10: Protection of persons and property
- contractor is responsible for safety on job site
- contractor designates a site safety personnel
AIA A201 - Article 11: Insurance and bonds
- contractor is responsible for purchasing commercial general liability insurance
- owner is responsible for purchasing property insurance
- if there is a fire, all rights are waived and losses are covered by property insurance
AIA A201 - Article 12: uncovering and correction of work
- cost of correcting work and resulting arch services required is at contractor’s expense
- if it’s conforming, contractor can ask for compensation
AIA A201 - Article 13: Miscellaneous Provisions
- ## contractor must inform the arch of tests and inspections so that they may be present
AIA A201 - Article 14: termination or suspension of contract
contractor can terminate contract within 7 days notice if work is topped through no fault of contractor for: 30 consecutive days, 120 days in a 365 day period
- owner may terminate contract for cause or convenience
- if contractor fails to do work, ignores relevant laws, or fails to pay their subcontractors, the owner can terminate the contract with 7 days notice
AIA A201 - Article 15: Claims and disputes
- claims and disputes amongst parties must be within 10 years of sub completion
- contractor and owner waive claims against each other for consequential damages arising out of this contract
What is A101?
Owner-Contractor agreement (stipulated sum)
AIA A101 - Article 1: The Contract Documents
- contract documents include the drawings, specifications, and addenda
- these are a binding component of the contract
AIA A101 - Article 2: The Work
- the work is described the contract documents
AIA A101 - Article 3: date of Commencement and substantial completion
- dates are listed as binding and used to asses the contract time
- if contractor fails to achieve substantial completion date listed, through no fault of other parties, damages may be assessed
AIA A101 - Article 4: Contract Sum
- the contract sum is a stipulated sum, which means a fixed fee subject to the following modifications: alternates, allowances, unit prices, liquidated damages
- if not stipulated sum, then it could be ‘cost-plus-fixed fee’ with or without a GMP (covered in diff AIA Contracts)
AIA A101 - Article 5: Payments
- apps for payment to be submitted to arch each month. amounts to be based on schedule of values
- schedule of values: allocates contract sum among various portions of work
- retainage: for each progress payment, the owner may withhold a designated amount, to be awarded at sub completion
- final payment: entire unpaid balance owed to contractor. must be paid within 30 days of arch’s issuance of final certificate of payment
AIA A101 - Article 6: dispute resolution
- arch will serve as initial decision maker
- following negotiation and mediation, litigation is the default dispute resolution process unless arbitration is selected
AIA A101 - Article 7: termination or suspension
-contractor can terminate contract within 7 days notice if work is topped through no fault of contractor for: 30 consecutive days, 120 days in a 365 day period
- owner may terminate contract for cause or convenience
-
AIA A101 -Article 8: miscellaneous provisions
- identify owner’s rep & contractor’s rep
- insurance and bonds to be purchased and maintained alongside this contract
What is AIA C401?
Architect-Consultant agreement
AIA C401 - Article 1: General provisions
-consultant is independent contractor and is responsible for own means and methods.
- not an employee of the arch
- arch assumes toward consultant all obligations that owner assumes toward arch
AIA C401 - Article 2: consultant’s responsibilities
- consultant to uphold standard of care
- consultant to maintain following insurance: commercial general liability, automobile liability, workers comp, employers liability, prof liability
AIA C401 - Article 3: scope of consultants services
listed in this section: scope of services, phasing of services, number of site visits, any other commitments
AIA C401 - Article 4: additional services
consultant will not proceed to provide addlt services until arch’s written authorization
AIA C401 - Article 5: architects responsibilities
-provide available info in a timely manner to consultant
- furnish updated estimates of cost of work to consultant
- provide notice to consultant if any errors or omissions in consultant’s work
AIA C401 - Article 6: cost of work
consultant shall prepare estimates of cost of work for the relevant portion of the project
consultant to participate in VE process
AIA C401 - Article 7: copyright and licenses
consultant grants to arch a license to use consultant’s instruments of service
AIA C401 - Article 8: claims and disputes
- consultant indemnifies and holds arch harmless from damages arising from third party claims, to the extent that the damages are caused by negligent acts or omissions of the consultatn
What are the A Series of contracts?
Owner-Contractor Agreements
What are some important A Series contracts?
AIA A101-2017: Owner-Contractor. Design-Bid-Build
AIA A133-2009: Owner-Construction Manager, Contractor. Cost of Work plus fixed fee
AIA A195-2008: Owner-Contractor. IPD
AIA A201-2017: General Conditions for contract of construction
AIA A295-2008: General Conditions for the contract of construction (IPD)
AIA A701-2018: Instructions to bidders
AIA A305: Contractor’s qualification statemtn
What are the B-Series contracts?
Owner-Architect Agreements
What are some important B-series contracts?
AIA B101- Standard form of agreement between owner & arch
AIA B102: owner-arch, without predefined scope
AIA B103: owner-arch, complex projects
AIA B104: owner-arch, mid-size projects
AIA B105: owner-arch, standard short form (residential or small commercial)
AIA B106: owner-arch, pro bono
AIA B121: owner-arch, for services provided under multi[le service orders
aia b195: owner-arch, IPD
AIA B214: standard form of architect’s services, LEED certification
What are the C-Series of contracts?
Other agreements
What are some important C-Series contracts?
AIA C101 - Joint revenue agreement for professional services
AIA C103 - standard form of agreement between owner & consultant, without predefined scope
AIA C104 - arch-consultant agreement
AIA C191 - multi-party agreement for IPD
AIA C195 - single purpose entity for IPD projects
What are D-Series agreements?
Miscellaneous documents/guides
What is D200?
Project checklist, to serve as a record of owner/arch/contractor decisions
What are E series agreements?
Exhibitis
What are some important E series agreements?
E203 - bim and digital data exhibit
E204 - Sustainable projects exhibit
What are G series agreements?
AIA G701 - change order (owner, arch, contractor sign)
AIA G702 - application and certificate for payment (contractor applies, arch signs)
AIA G704 - certificate of substantial completion
AIA G711 - punchlist document
AIA A101 - Article 9 Contract Documents
includes all relevant drawings, specifications, addenda, and supplementary documents
AIA A101
O-C
AIA A133
O-CMc
AIA A195
O-C IPD
AIA A201
Gen conditions for the contract of construction
AIA A295
Gen conditions for contract of construction IPD
AIA A701
Instructions to bidders
AIA 305
Contractor’s qualification statement
B101
O-A
B102
O-A w/out predefined scope
B103
O-A complex projects
B104
O-A mid sized projects
B105
O-A standard short form (res or small comercial)
B106
O-A pro bono services
B121
O-A services provided under multiple services orders
B195
O-A IPD
B214
LEED certification
G701
Change order
G702
application and certificate for payment
G704
Certificate of substantial completion
G711
punchlist document
