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ARE 5.0 _ FL _ Proj Mgmt > Contracts > Flashcards

Contracts Flashcards

1
Q

What are the contract-related questions on the ARE based on?

A

The AIA standard contracts

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2
Q

What are the most commonly used main categories of AIA contracts (and the ones used in the ARE)?

A

B100s owner-architect agreement

B100 SPs owner-architect agreement for sustainable projects

A100s owner-contractor agreement

A100 SPs owner-contractor agreement for sutainable projects

A200s general conditions of the contract

A200 SPs general conditions of the contract for sust’ projects

A500s & B500s supplementary conditions of the contract

C400s architect-consultant agreement

architect-consultant agreement for sust’ projects

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3
Q

What other intitution’s standard contract is often used and in what cases?

A

Contracts from the Design-Build Institute of America

  • Usually used for clients that have past construction experience
  • Usually used for clients that have clearly defined needs (which can be explicitly stated in the contract)

Contracts by ConsensusDocs

  • Developed by a consortium of almost 50 construction- and specification-industry interest groups
  • Generally less favorable toward the Architect, and should therefore be reviewed by the Architect and Owner’s legal counsel before use
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4
Q

B101

What generally is this contract used for?

A
  • Defines the roles of the Owner and the Architect
  • Defines the scope of services of the Architect
  • For standard Design-Bid-Build projects
  • Not for large complex or very small projects
  • Not for projects with CM roles
  • Not for projects that require specialized services, such as Interior Design
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5
Q

B101, Article 1

What generally is included in Article 1?

A

“Initial Information”

  • Certain information that is known at the time of execution.*
  • Project Objectives
  • Site Information
  • Program / Use
  • Owner Budget
  • Owner Time Constraints (delivery, commencement, ETC)
  • Key Representatives on both sides
  • Owner Consultants standard: civil & geotech
  • Architect Consultants structural, mechanical, electrical
  • Change in Information both parties may rely on this information, but it may change, and if it does, they SHALL adjust the schedule, budget, scope of services, and/or compensation accordingly.
  • BIM Information parties agree to handle BIM information according to certain rules, or otherwise to use BIM at their sole risk.
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6
Q

B101, Article 1

What happens if the “Initial Information” materially changes?

A

The Owner and Architects have agreed to appropriately adjust:

  • Architect’s services
  • schedule; and/or
  • Architect’s compensation

The Owner has agreed to appropriately adjust:

  • budget for the Cost of Work
  • anticipated milestones
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7
Q

B101, Article 2, 3, 4

What nominally is covered in these Articles?

A

The Architect’s Responsibilities

Article 2 - general responsibilities

Article 3 - basic services

Article 4 - additional services

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8
Q

B101, Article 2

What generally is covered in this Article?

A

“Architect’s Responsibilities” (general responsibilities)

  • Standard of Care will be followed
  • Compromise of Judgement Architect will not take part in any activity or take any interest or contribution that might reasonably be seen to compromise their judgement
  • Required Insurance types and amounts of insurance that the Owner and Architect must maintain
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9
Q

B101, Article 2

What types of insurance is the Architect typically required to have? What else is typically agreed to here?

A
  • General Liability
  • Automobile Liability
  • Workers’ Compensation
  • Professional Liability
  • The Owner will compensate the Architect for any insurance required by this Article that is above the amount they normally maintain.*
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10
Q

B101, Article 3

What generally is covered in this Article?

A

“Scope of Architect’s Basic Services”

  • Administration Services including meetings, design research, coordinating with consultants, provide progress reports
  • Engineering Services to be provided by (through) the Architect
  • Prepare Schedule for Owner’s approval promptly after agreement is signed
  • Regulatory Approval will contact AHJs and utilities and will assist with obtaining regulatory approvals
  • Maintain Schedule throughout the project, making necessary adjustments
  • Evaluate Project Information such as site, program, schedule, and proposed Project Delivery Method
  • Evaluate Budget and Cost of Work including an estimate of the Cost initially and t**hroughout the project
  • Design Services for each of the phases
  • Construction Procurement including helping the owner obtain and evaluate bids
  • Contract Administration including monitoring conformance to the Contract Documents and progress reports
  • Conduit for Communication between contractor / consultants and Owner is through the Architect
  • Sustainable Design Alternatives will be considered, as long as they are consistent with Owner design criteria
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11
Q

B101, Article 3

What are the Architect’s responsibilities with respect to the Owner’s consultants?

A

To coordinate with the Owner’s consultants and incorporate their work into the design.

Additionally, the Architect is entitled to trust that the Owner consultant’s work is correct, but must point out if they notice any errors.

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12
Q

B101, Article 3

What are the Architect’s stated responsibilities with respect to scheduling?

A
  • As soon as possible after signing the contract, provide a schedule for completing the Architect’s services.
  • The schedule must allow for time for Owner reviews, Owner consultant work, and regulatory review
  • It must also include the expected date for start of construction and for substantial completion
  • Adjust the schedule, with Owner permission, as the project proceeds
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13
Q

B101, Article 3

What are the Architect’s responsibilities with respect to project administration?

A
  • Consulting w/ Owner
  • Researching Design Criteria
  • Attending Meetings
  • Coordinating w/ All Consultants including those retained by the Architect and by the Owner
  • Giving Progress Reports in the form of memos, field reports, meeting minutes, ETC
  • Scheduleing for contract-required items as well as other important items, and updating the schedule as required
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14
Q

What items is the Architect responsible for scheduling in addition to those explicitly stated in B101, Article 3?

A
  • Owner Decisions that are critical to the design and schedule
  • Major Milestones
  • Completion of Phases
  • Consultant Deadlines
  • Architect Deliverable Deadlines
  • Regulatory Review
  • NOT Construction Schedule
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15
Q

B101, Article 3

What are the Architect’s responsibilities with respect to the Cost of Work

A
  • Preliminary Estimate of th**e Cost of Work
  • Update the Cost of Work throughout the project
  • Regulary Evaluate the Cost of Work by comparing it to the Owner’s budget
  • Make Recommendations if the CoW exceeds the budget for how to adjust the project size, quality, or budget
  • NOT To Guarantee the Cost only to estimate
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16
Q

B101, Article 3

What are the Architect’s responsibilities with respect to planning and evaluation?

A
  • Preliminary Evaluation of Project Information including site, program, proposed schedule, budget, and Project Delivery Method
  • Inform Owner of the Impact on Quality, Cost, & Time o**f each of these
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17
Q

B101, Article 3

What generally are the Architects responsibilities with respect to design services?

A
  • Carry Out the Three Design Phases SD, DD, CD
  • Obtain Owner Approval at the end of each phase
  • Notify the Owner of any issues or inconsistencies
  • Adjust the Contract Documents to meet the Owners criteria and directives (at no extra charge, except where allowed)
  • Assist in Producing Bid Documents
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18
Q

B101, Article 3

What are the Architects responsibilities with respect to “construction procurement”?

A

- Assist in Obtaining Bids / Negotiating the Cost

- Act as the Owner’s Agent

- Distribute Bid Documents

- Consider Proposals for Substitutions

- Answer Questions and Hold Pre-bid Meetings

- Distribute Addenda

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19
Q

B101, Article 3

What are the Architect’s responsibilities with respect to “contract administration”?

A
  • Make Site Inspections at appropriate intervals and at major construction milestones
  • Evaluate whether the construction will be in conformance with the Contract Documents
  • Keep the Owner Informed as to construction progress
  • Endeavor to Protect the Owner form defects in construction
  • NOT to make exhaustive site visits or guarantee the construction
  • Review and Respond to submittals and RFIs
  • Process and Issue Certificates for Payment
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20
Q

mouseB101, Article 3

What/when is and is not the Architect responsible for construction methods?

A

Under the standard contract, the Architect is not responsible for:

  • means of construction
  • building techniques
  • safety precautions

The only time the Architect IS responsible for these is when it is explicitly stated in the A201 (“General Conditions of the Contract for Construction”) attached to the project.

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21
Q

B101, Article 3

What are the Architect’s responsibilities for Schematic Design?

A

“Schematic Design Phase Services”

  • Review Applicable Codes including local laws and regulations with respects to program and site information
  • Preliminary Evaluation of the schedule, budget, proposed delivery method, program, and site
  • Present and Propose Alternatives if there are issues or possible improvements
  • Prepare Preliminary Design showing scale and relationships for Owner approval
  • Prepare SD Documents including plans, sections, elevations, major building systems, and note of materials
  • Consider Sustainable Alternatives that comply with the program, budget, and schedule.
  • Prepare Estimate of the Cost of Work
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22
Q

B101, Article 3

What are the Architect’s responsibilities for Design Development?

A

“Design Development Phase Services”

  • Develop the Design based on the Owner’s approval of SD documents and approved adjustments to project requirements
  • Produce Documents (including plans, sections, elevations, typical construction details, layout, and diagrams) that describe:
        • configuration of architectural and engineering systems*
        • primary material system locations and quality levels*
  • Update Estimate for the Cost of Work
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23
Q

B101, Article 3

What are the Architect’s responsibilities for Construction Documentation?

A

“Construction Documentation Phase Services”

  • Develop in Detail all the systems laid out in DD
  • Specifications for quality level and performance of all systems
  • NOT to have to provide information to a level that the contractor will once they provide shop drawings, product submittals, samples, ETC
  • Assist the Owner in preparing bid procurement information, the agreement between Owner and Contractor, and “Conditions of the Contract for Construction”
  • Prepare a Manual that includes the “Conditions of the Contract for Construction and Specification”
  • Comply with Requirements by the AHJ
  • Update the Estimate of the Cost of Work
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24
Q

B101, Article 5

What generally are the Owner’s responsibilities

A
  • Provide Program and Design Criteria
  • Provide Schedule Constraints
  • Provide Budget for the Cost of Work
  • Furnish the Services of Consultants or authorize the Architect to obtain those services
  • Provide Site Information including surveys and the services of a geotechnical engineer
  • Furnish All Tests and Inspections that are required by law or by the contract
  • Furnish all Legal and Financial Services that the project require
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25
Q

B101, Article 5

What are the Owner’s responsibilities with respect to providing project information and requirements?

A
  • Program
      • Objectives
      • Constraints
      • Space requirements and relationships
      • Special equipment and systems
  • Schedule and time constrains
  • Budget for the Cost of Work
  • As an Additional Service to have the Architect assist with determining these
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26
Q

B101, Article 5

What are the Owner’s responsibilities with respect to providing site information?

A
  • Furnish Land Surveys
      • Legal limits of the property
      • grades and land features
      • location of utilities
      • easements, rights of way, and other legal areas
  • Furnish the Services of a Geotechnical Engineer including any tests or analysis required
  • As an Additional Service to have the Architect assist with obtaining these, through:
        • G601 “Request for Proposal - Land Survey”*
        • G602 “Request for Propsla - Geotechnical Services”*
  • Additional Responsibilities spelled out in A201 “General Conditions of the Contract for Construction”
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27
Q

B101

What does the standard contract dictate with respect to the Instruments of Service?

A
  • Definition: drawings, specifications, and other documents (physical or digital)
  • Owned by the Architect and consultants
  • Protected by Copyright and all other legal protections
  • Owner IS Granted License ONLY to contruct, maintain, alter, or add to the project
  • License is Terminated if the Architect rightfully terminates the contract
  • License is Retained if the project is completed or if the Owner rightfully terminates the contract
  • Owner Indemnifies the Architect and consultants if the IoS are used after project completion or Owner termination
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28
Q

B101

What do the parties agree to with respect to Consequential Damages

A

Both parties waive the right to claim Consequential Damages (damages that are an indirect or secondary result of a breach of the contract)

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29
Q

B101

What do the parties agree to with respect to hazardous materials?

A

The Architect and their consultants have no responsibility for the:

  • discovery of
  • presence of
  • removal/disposal of
  • exposure of persons to

… hazardous materials

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30
Q

B101

What do the parties agree to with respect to third-party claims?

A

No one except those who are parties to the contract (the Architect and Owner) can sue to enforce the contract or claim damages a breach of the contract.

This is according to the concept of “privity”.

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31
Q

B101

What do the parties agree to with respect to the time limit for claims?

A

Claims must be made within the time limits set by statute in the State where the project is being done (Statuse of Limitation / Repose).

In any case, claims cannot be made more than 10 years after Substantial Completion.

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32
Q

B101

What do the parties agree to with respect to subrogation?

A

Both parties waive the right to sue each other for damages that are covered by insurnace.

This also prevents insurance companies form suing any participants in the contract (including consultants and contractors) to recover what has been lost by paying out a claim.

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33
Q

B101

What do the parties agree to with respect to photographing the project?

A

The Architect may photopraph any part of the project.

The Architect may include such photographs or artistic repesentations of the project in their promotional materials.

The Owner may prevent this if they give notice that part or all of the project is confidential or proprietary.

If the Owner has not given such notice, then they must provide the Architect with reasonable access in order to take photopraphs.

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34
Q

B101, Article 9

What do the parties agree to with respect to termination of the contract?

A
  • The Architect may terminate the contract if the Owner fails to pay according to the contract
  • The Owner must pay the Architect for their services up to that point if
      • The Owner terminates the contract (other than due to the Architects fault)
      • The Architect terminates the contract according to the contract
  • Either party may termination the contract (with seven days prior notice) if the other party fails to perform in accordance with the contract
  • The Owner may terminate the contract at any time (with seven days prior notice) at their convenience
  • The contract is terminates automatically one year after the date of Substantial Completion
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35
Q

B101, Article 9

What do the parties agree to with respect to the suspension of work or suspension of services?

A
  • The Architect may suspend the performance of services if the Owner fails to pay according to the contract
  • The Owner must pay the Architect for their services up to that point if the Owner suspends the work
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36
Q

B101, Article 6

What is and is not included in the Cost of Work

A

INCLUDED:

  • Labor and Materials furnished by the owner
  • Items Specified or Designed by the Architect
  • Cost of Management by a CM or a separate contractor
  • Reasonable Profit and Overhead

NOT INCLUDED:

  • Professional Fees
  • Financing Costs
  • Testing and Surveys
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37
Q

B101, Article 6

What do the parties agree to with respect to bid / negotiated costs?

A
  • Architect does not guartantee that the bid / negotiated cost will fall within the Owner’s budget
  • Architect does not guarantee that the estimate of the Cost of Work will reflect the bid / negotiated cost
  • The Architect MUST adhere to the Owner’s Budget
  • Architect MUST revise (for no additional compensation) any of their documents to match the Owner’s directive to meet the bid / negotiated cost
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38
Q

B101, Article 6

What can the Owner do if the bid / negotiated cost is above the budget for the Cost of Work?

A
  • Increase the Budget
  • Rebidd / Renegotiate
  • Terminate the Project at their convenience
  • Revise the Scope / Quality of the project in coorperation with the Architect
  • Mutually Agree to Another Solution
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39
Q

What can / must the Architect do to anticipate / respond to the bid / negotiated price being over the budget for the Cost of Work?

A
  • Regulary Check throughout the design phases that the estimate for the Cost of Work is within the Owner’s budget
  • Suggest the Owner Hold a Portion in Reserve
  • Adjust the Documents (for no additional compensation) to meet the Owner’s revisions to adjust the project cost to meet the bid / negotiated price
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40
Q

B101, Article 4

What is included in this Article with respect to Additional Services?

A
  • A Chart of possible additional services, with columns for responsibility of Architect, Owner, or neither.
  • -* Architect Not Responsible for any of these unless indicated in the chart
  • Architect to be Additionally Compensated if any of these additional services are assign to them
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41
Q

B101, Article 4

What are some of the common Additional Services to be assign to the Architect in this Article?

A
  • Programming
  • Drawings of existing conditions
  • BIM
  • Landscape design
  • Interior design
  • On-site project representation
  • Post-occupancy evaluation
  • Security planning
  • LEED (or other) sustainable system certification
  • Historic preservation
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42
Q

What are the B200 standard forms for additional services?

A

“Standard Form of Architect’s Services:”

B202 “… Programming”

B203 “… Site Evaluation and Planning”

B204 “… Value Analysis, for use where the Owner employs a Value Analysis Consultant”

B205 “… Historic Presevration”

B207 “… On-Site Project Representation”

B209 “… Construction Contract Administration, for use where the Owner has retained another Architect for Design Services”

B210 “… Facility Support”

B211 “… Comissioning”

B212 “… Regional or Urban Planning”

B214 “… LEED Certification”

B252 “… Architectural Interior Design”

B253 “… Furniture, Furnishing and Equipment Design”

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43
Q

B101, Article 4

What are the two cases in which the Architect might have to provide Additional Services not outlined in the original agreement?

What is the Architect entitled to in these cases?

A

1) Various changes in the project requirements or other circumstances that arrise where the Architect is required to perform additional duties.
2) Various additional duties that are necessary in order to avoid a delay in the construciton schedule.

** The Architect is entitled to additional compensation and/or schedule, as long as these services are approved by the Owner and are not required due to the fault of the Architect

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44
Q

B101, Article 4

What are the common Additional Services that the Architect may be required to perform during the project due to circumstances that arrise?

What is the proceedure for obtaining Owner approval to carry out these services?

A
  • Changes in Initial Information such as site or program
  • Changes in Owner Directives / Approvals that were already given
  • Material Changes to the Project such as Owner’s schedule, budget, delivery method, size, or quality level
  • Owner Request for Extensive Sustainability Design Alternatives
  • Changes in Code / Laws that necessitate a change in the design instruments
  • Preparing Digital Data for transmission to Owner’s consultants or contractors
  • Design and Documentation for Alternate Bids or Owner Proposals
  • Public Meeting preparation and/or attendance
  • Dispute Resolution preparation and/or attendance (when the Architect is not a party to the claim)
  • Evaluating Qualifications of persons offering bids or proposals
  • Consultations on Replacement of Work due to fire or other cause
  • Assisting the Initial Decision Maker (third party hired to render initial decision on whether to terminate the agreement)
  • Services Due to Owner’s Non-performance in the contract, such as failing to make a decision in a timely manner

*** Notify the Owner immediately when it becomes apparent that one of these services may be required. DO NOT PROCEED until the Owner has given permission.

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45
Q

B101, Article 4

What are the common Additional Services that the Architect may be required to perform during the project in order to avoid a delay in the construction schedule?

What is the proceedure for obtaining Owner approval to carry out these services?

A
  • Out-of-Sequence Submittal Review (as outlined in the original submittal schedule)
  • Response to Improper RFIs when they are not prepared in accordance with the contract or when the information could have been obtained from existing correspondence or contract documents
  • Change Orders / Construction Change Directives that require evaluation of contractor proposals and supporting data
  • Evaluation an Extensive Number of Claims
  • Evaluating Substitutions by the Owner or contractor and making appropriate changes to the instruments of service
  • Construction Phase Services After 60 Days from Substantial Completion (a**ctual or initially scheduled, whichever is earlier)

*** The Architect may begin services immediately, but must also immediately notify the Owner. The Owner must reply promptly whether to proceed with these services. If the decision is “no”, then Architect must stop and the Owner is not obligated to pay the Architect for the unneeded services.

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46
Q

B101, Article 8

What do the parties agree to with respect to conflict resolution and mediation?

A
  • Dispute resolution methods that are binding cannot be held until 60 days after a request for mediation was filed
  • The parties share the cost of mediation
  • The parties agree in the contract a form of binding dispute resolution (arbitration, litigation, or otherwise)
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47
Q

B101, Article 11

What are the most common methods of compensation for the Architect?

A
  • Stipulated Sum which is usually paid monthly based on completion and is not inclusive of any reimbursible expenses
  • Cost Plus Fee which is based on hourly rates determined using one of several methods
  • Percentage of Construction Cost (rarely used these days)
  • Unit Cost most often used for projects with repeating units
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48
Q

What are the major aspects of the Stipulated Sum compensation method?

A
  • Also called “Fixed Fee” method
  • Usually paid out monthly based on a percentage of completion of the five basic phases
  • The architect must estimate ahead of time what it will cost to carry out the services and still make a profit
  • Reimbursible expenses are charge in addition
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49
Q

B101, Article 11

What are the reimbursible expenses to be charged by the Architect?

A
  • postage
  • printed reproductions
  • permitting and fees required by the AHJ
  • employee overtime (if authorized in advance)
  • transportation expenses
  • travel expenses
  • project-specific communication costs
  • project-specific insurance
  • additional renderings and presentation materials
  • physical models / mock-ups
  • other similar project-related expenses
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50
Q

What are the general aspects of the Cost Plus Fee compensation method and it’s three variants?

A
  • Architect is compensated for the actual expense of doing the services, including hourly labor and reimbursible expenses, plus profit.
  • Multiple of Direct Personnel Expense
      • employee hourly rate based on salary
      • multiply by factor for required personnel expenses (taxes, sick leave, health care, ETC)
      • multiply by a factor for overhead and profit
  • Multiple of Direct Salary Expense
      • “net multiplier method”
      • the initial multiplier include employee benefits
  • Hourly Billing Rates
      • each employee type has a simple hourly rate stated by the Architect
51
Q

What are some of the ways the Unit Cost compensation method is used?

A
  • square-footage fee
      • tennant fit-out in a leased building
  • per-house / per-apartment
      • model home in a housing complex
      • apartment renovations in a condominium
52
Q

What are the important factors in deciding which of the architect compensation methods to use?

A
  • Fair Compensation for the actual work that the architect does in the give market
  • Account for Rising Costs if the project is very a long term
  • Client Comfortability based on transparency of how their fee is being spent and past exepience
53
Q

B101 SP

What are the other AIA documents can be used with the B101 SP?

A
  • A201 SP General Conditions of the Contract for Construction, for use on a Sustainable Project
  • C402 SP Standard Form of Agreement Between Architect and Consultant, for use on a Sustainable Project
  • D503, Appendix F Example of a Stainable Plan
  • B214 Standard Form of Architect’s Services: LEED Certification
54
Q

What are the steps of doing a Sustainable Project, as far as the organization / steps?

A
  • Owner Defines a Sustainable Objective
  • Architects Evaluates and Recommends on that Objective
  • Hold a Sustainability Workshop with all the members of the team sometime before the end of SD
  • Prepare a Sustainability Plan (Architect)
  • Obtain Approval of the Sust’ Plan by the Owner
  • Incorporate the Sust’ Plan into all phases of the project
55
Q

What are a “Sustainable Objective” and a “Sustainable Measure”?

A

Sustainable Objective

The sustainability goal(s) to be achieved by the project, related to the design, construction, maintenance, and operation of the building.

Sustainable Measures

  • The measures that must be completed in order to reach the Sustainable Objective.*
  • design or construction elements
  • use / operation / maintenance
  • post-occupancy monitoring
56
Q

What are some examples of the common types of Sustainability Objectives?

A
  • Sustainable certification / building rating
  • Reduce the buildings environmental impact
  • Enhance health / safety of occupants
  • Improve energy efficiency
  • Meet state or local requirements
57
Q

What are the components of a Sustainable Plan?

A
  • State the Sustainable Objective(s)
  • Identify the Sustainable Measures that will be used
  • Detail the Stategies that will be used to achieve those Sustainable Measures
  • Identify Responsibilities of Owner, Architect, and Contractor
  • List Required Testing to verify the sust’ objectives are met
  • List Required Documentation
58
Q

What form can the Sustainability Plan take if the Sustainable Objective is a certification?

A

A spreadsheet with rows for the sustainability measures (per the rating system of that certification) to be used.

Columns with:

  • expected and potential credit to be received
  • party responsible for implementing (A, O, C)
  • detailed description of how the measure is to be implemented
59
Q

B101 SP

What are the major additional responsibilities of the Architect in a Sustainable Project?

A
  • Obtain Owner Approval (in writing) for all materials / systems to be used in the project that have sustainable performance
  • Discuss Possible Limitations of materials / systems that the Owner approves, which may not perform to the level advertised
  • Implement the Sustainable Measures that were Iientified as Architect-responsibility in the sustainability plan
  • Apply for and Obtain Sust’ Certification if it is part of the project goals
  • File All Required Documentation for sust’ certification or regulatory requirements
60
Q

B101 SP

What are the Architect’s responsibilities as far as obtaining sustainability certification (if it is part of the project objectives)?

A
  • Obtain Owner Approval of all requirements / agreements required by the certifying authority before moving forward
  • Initially Register the Project with the certifying authority, after obtaining written Owner approval to continue
  • Act as Owner’s Agent in filing and adhering to sust’ certification requirement
  • Pay and Be Reimbursed for all certification fees
  • Prepare and File all required documentation / application to obtain final certification
  • Prepare and File all required documentation to appeal and unfavorable ruling by the certifying authority
61
Q

B101 SP

What are the Owner’s responibilities for a sustainable project?

A
  • Depending on the sustinability plan:*
  • Provide Any Information that the Architect needs to achieve the Sust’ Objectives (drawings, records, ETC)
  • Compliance with Sust’ Certification Requirements as they relate to operation / maintenance of the building
  • Preparing and Filing Appeals if the sustainability certification is later revoked or reduced
  • Provide the Services of a Commissioning Agent (unless the Architect is specifically contracted to)
62
Q

A101

What are the general aspects of the agreement between owner and contractor to remember?

A
  • The Owner and Contractor enter into direct agreement with each other, but the document assigns responsibilities to the Architect as well.
  • There are various other contract types, most of which are similar except for the difference in compensation method.
63
Q

A101, Article 1

What is stated in Article 1 about the Contract Documents?

A
  • All Contract Documents are listed in detail in Article 9, including additional documents that the parties agree to
  • The Contract Documents general include:
      • The agreement
      • General conditions
      • Supplementary conditions
      • Drawings
      • Specifications
      • Addenda (before the contract is executed)
      • Modifications (after the contract is executed)
      • NOT the bidding documents
      • (also NOT the submittals)
64
Q

A101, Article 2

What is stated in this Article about the contract work?

A
  • “The Work of This Contract”
  • The Contractor is to execute the work described in the Contract Documents (primarily the drawings and specifications)
  • Work specifically assigned (in the agreement of Contract Documents) to others will be performed by others.
65
Q

A101, Article 3

What is stated in this Article about contract dates?

A

“Date of Commencements and Substantial Completion”

  • The Date of Commencement:
  • The Date of Substaintial Completion
  • Inclusion or exclusion of Liquidated Damages
66
Q

A101, Article 3

What is included in this section about the Date of Commencement?

A
  • the starting point used to calculate the Contract Time
  • either an agreed date or when the Contractor receives a notice-to-proceed letter from the Owner
67
Q

A101, Article 3

What is included in this section about the Date of Substantial Completion?

A
  • when the work is complete to a point that the Owner can occupy the project for its intended purpose
  • can be a calendar date, or a number of days after Commencement
  • can be delayed (per the General Conditions) by weather or other factors out of the Contractor’s control
68
Q

A101, Article 3

How does the application of Liquidated Damages apply to the terms of this agreement?

A
  • Liquidated Damages are a fee paid by the Contractor to the Owner for each day the project is late
  • This excludes lateness that due to circumstances the Contractor had no control over
  • To be legally enforceable, these damages must be a actual losses that the Owner incurred due to not being able to inhabit the project on time
  • Can be accompanied by a “bonus provision” to reward the Contractor for days completed before expected
  • An additional penalty can be stipulated for late completion, but must be accompanied by a “bonus provision” or it is not legally enforceable
69
Q

A101, Article 5

What are the general aspects of Payments described in this section?

A
  • Progress Payments are made based on percentage of completion and materials stored on site
  • Final Payment will include all remaining money in the contract sum that hasn’t already been paid, once the project is complete
  • Schedule of Values will be used to determine the justify the amounts charged by the contractor …. created by the Contractor and submitted to the Architect
  • Retainage (usually 10%) will be witheld from each payment until the project is complete
  • Applications for Payment will be submitted to and approved by the Architect for each payment
70
Q

How do Progress Payments to the contractor typically work?

A
  • Monthly payments based on completion of the work
  • Each payment based on percentage of the work completed to day, plus value of future materials that are stored on site, and materials store off site that were pre-approved by the Owner
  • The Schedule of Values is used as te basis of the amount of these payments …. it allocated the Contract Sum into specific portions of the work …. it is submitted to the Architect
  • In order to receive payment, the Contract submits an application for payment to the Architect, who verifies the work / materials, and then recommends payment or partial payment
71
Q

A101, Article 6

What are the general aspects of Owner-Contractor dispute resolution in this Article?

A
  • Architect is the IDM (Initial Decision Maker) unless another party is specified in the agreement
  • Specific Discute Resolution is spelled out in A201 “General Conditions ….”
  • Binding Resolution will be sought (as specified in this agreement) if the IDM decision is mediated and cannot reach a resolution
72
Q

A101, Article 6

What are the general steps / responsibilities when the Architect acts as Initial Decision Maker?

A
  • Any disputes are refered to the IDM along with supporting information
  • The IDM must, within 10 days, do one of the following:
      • request additional documentation from the claimants
      • reject the claim
      • approve the claim
      • suggest a compromise
      • advise the parties that the IDM is unable to resolve the claim
  • The IDM’s decision is binding, but is subject to mediation
73
Q

What are the possible Compensation Methods that the Owner can use to compensate the Contractor?

A
  • Stipulated Sum a fixed sum that is negotiated when the agreement is signed
  • Guaranteed Maximum Price where the Owner receives savings and the Contractor is responsible for overage
  • Cost Plus Fee the Contractor is compensated for the cost of labor and materials plus reasonable profit and general conditions
      • Target Price where the Owner get partial savings if under and the Contractor is responsible for partial overage
      • Partial Cost Guarantee certain subcontractor or vendor cost are fixed before hand
  • Unit Price for a portion of the work such as excavation, alternates / additions, or changes to the work
74
Q

What are the genral aspects of the Stipulated Sum compensation method for Contractors?

A
  • Advantage: the Owner knows the cost ahead of time and can plan on it
  • Simple and straight forward for forming agreements
  • Always used for competive bidding projects
  • Least flexibility to changes in the conditions of the work or the economy over the course of construction
75
Q

What are the general aspects of the Guaranteed Maximum Price method of compensating the Contractor?

A
  • Often used when there is a third-party CM
  • The Owner receives the cost savings if the project end up being cheaper
  • The Contractor is responsible for the overage if the project ends up being more expensive
76
Q

What are the general aspects of of the Cost-Plus-Fee method of compensating the Contractor?

A
  • Compensate the Contractor for the actual cost of labor and materials, plus a fixed fee for profit
  • Highest level of flexibility as construction progresses
  • Allows construction to proceed before the design is complete
  • Disadvantage: the Owner does not know the cost of the project before hand
  • Guarantee Maximum Price can be used
  • Target Price can be used, where a likely project cost is established and the contractor receives part of the savings if the cost goes below and the is responsible for part of the overage if the cost goes over
  • Partial Cost Guarantees establish the price of certain subcontractors and vendor before hand
77
Q

What are the general aspects of the Unit Price method for compensating the Contractor?

A
  • Rarely used as the compensation method for an entire project; commonly used for portions of a project
  • Used when it is not possible to establish a firm estimate at the time the agreement is made
  • Can be used for excavation or other uncertain part of the work
  • Can be used for alternates or possible additions to the project
  • Can be used to establish the cost of a Change to the Work
78
Q

A201, Article 1

What does this section specifically state that the Contract Documents do NOT create, as far as contractual relationships?

A

The Contract Documents do not create a contractual relationship between ANYONE except the Owner and the Contractor (including Architect and Contractor, Owner and Subcontractor, and Owner and Architect).

79
Q

A201, Article 1

What is the distinction between the “Work” and the “Project”?

A

Work:

Work performed by the Contractor per the agreement. “The Contractor’s obligations to provide improvements to the Project”i

Project:

All of the work being performed, including by other Contractors or by the Owner.

80
Q

A201, Article 1

How does this Article define the Instruments of Service?

A

Any representations of tangible or intengible creative work by the Architect or the Architect’s consultants. These instruments are owned by the Architect and consultants.

  • Drawings
  • Studies
  • Models
  • Surveys
  • Sketches
  • Specifications
  • ETC
81
Q

A201, Article 1

What is stated in this article with respect to digital transmittal of information?

A

The parties must try to establish clear protocols for digital data transmisison.

82
Q

A201, Article 2

What are the Contractor’s rights with respect to the Owner’s financial arrangements?

A

Before the Work begins:

The Contractor has a right request and if so the Owner must provide reasonable evidence that they have sufficient financial arrangements to be able to pay the Contractor for the Work.

After the Work begins:

  • The Contractor can only request this if:*
    • the Owner fails to make a payment*
    • a change in the Work materially changes the Contract Sum*
    • the Contractor submits in writing a reasonable concern that the Owner will not be able to pay* for the Work
83
Q

A201, Article 2

What are the Owner’s responsibilities to the Contractor & in general?

A
  • Supply Proof of Financial Means to pay for the work, if requested per the terms of the agreement
  • Provide Information to File a Mechanic’s Lien if requested
  • Secure & Pay for Permits and other forms of approvals that are needed before the agreement is executed
  • Provide One Copy of the Contract Documents and allow the Contractor to reproduce them
  • Provide Any Information relavent to the site
84
Q

A201, Article 2

What are the Owner’s rights per this article?

A
  • To Spot the Work i**f the Contractor fails to correct work or repeatedly carries out work that does not comply with the Contract Documents, until the issues are corrected
  • To Carry out the Work if the Contractor fails to do the work correctly, but only if notice is given and the Contractor has been given a chance to correct it
85
Q

A201, Article 2

What is the division of responsibilities for permits and approvals?

A

Owner Responsibilities:

Obtain and pay for permits and approvals required to construct or modify permanent structures on the site that are required before the agreement is executed. Typically includes:

  • Zoning permits
  • Easements
  • Assessments
  • Environmental studies

Contractor Responsibilities:

Obtain and pay for permits and approvals that are required after the execution of the agreement. Typically include:

  • Building permit
  • Inspections
86
Q

A201, Article 2

What are the Owner’s rights and limitations with respect to performing themselves work that was originally assigned by the agreement to the Contractor?

A

The Owner may carry out the work themselves, but only if:

  • The Contractor has failed to do so correctly
  • The Contractor has been given written notice to correct an issue
  • The Contractor has not started to correct the issue within 10 days of such written notice

This is, however, subject to the Architect’s approval as IDM.

87
Q

A201, Article 2

What are the Owner’s rights in the case they have to perform the work themselves?

A

If the due process stated in the agreement as been followed and the Owner must complete the work:

  • The Owner may still bring the Contractor to arbitration or litigation over the matter
  • The Owner may deduct from the Contract Sum
      • the cost of doing the work themselves
      • compensation of related additional services by the Architect

This is, however, subject to the Architect’s approval as IDM.

88
Q

A201, Article 3

What generally are all the Contractors rights in this form of agreement?

A
  • Not Responsible for Performance if the contract documents specify the means and methods of construciton
  • Not Responsible for Architect Errors/Omissions unless they are discovered but not reported
  • Not Responsible for CD Adherence to Code unless non-adherence is discovered and not reported
  • Increase in Contract Sum and/or Time for unknown or concealed conditions that are discovered

-

89
Q

A201, Article 3

What, in general, are the responsibilities of the Contractor in this form of agreement?

A
  • Supervise and Direct the Work including their own work force and the sub-contractors
  • Being Responsible for the Quality of the materials and workmanship
  • Give Notices of Code Non-adherence if and when it is discovered
  • Only Allow Substitutions with the written approval of the the Owner and review by the Architect
  • Pay Fees and taxes incurred after the contract is signed, including permit and inspeciton fees
  • Report Concealed/Unknown Conditions to Owner and Architect within 21 days of discovery
  • If Human Remains / Wetlands are discovered, stop the work that might effect them and wait for the Owner to obtain the necessary government approval to continue
  • Include Allowances that are specified by the Architect
  • Continueously Maintain the Construction Schedule, make it available to the Owner and Architect, and conform to it
  • Continuously Maintain Record Documents on the job site so that they are available to the Architect
  • Provide Submittals / Shop Drawings for the materials / systems to be used
  • Provide Design Services that are specifically call out in the Contract Documents or that the contractor needs in order to complete their work
  • Indemnify the Owner, their agents, the Architect, and their consultants against damages caused by the Contractor during the performance of their work
90
Q

A201, Article 3

What specifically are the Contractor’s responsibilities with respect to performing the Work?

A
  • To Be Solely Responsible for the means and methods of construction (unless otherwise specified in the Contract Documents)
  • Coordinate the Work with their own forces, the sub-contractors
  • Ensure All Work Performed is in Good Condition to Receive Later Work
  • Warrantee the Work is of good quality, free of defects, and meets the requirements of the Contract Documents
91
Q

201, Article 3

What are the Contractor’s responsibilities with respect to verifying the Project conditions?

A

The Contractor must observe the site before the work begins and make necessary measurements.

The Contractor must report (within 21 days) any concealed or previously unknown conditions that are discovered during the work.

92
Q

A201, Article 3

What are Allowences and what is stated in this section about them?

A

An Allowence is an estimated cost of a material that cannot be precisely determined at the time of the agreement.

The amount is specified by the Architect. It should include the cost of the item, of transporting it to the site, and all applicable taxes.

The Contractor must include this amount in developing the Contract Sum and must also account for the additional cost of handling and installing the item (which is not included in the Allowence).

93
Q

A201, Article 4

What are the Architect’s responsibilities per this section of the agreement?

A
  • Make Regular Visits to the Site to follow progress and determine the work’s conformance with the Contract Documents
  • Review Submittals and Shop Drawings
  • Prepare Change Orders approved by the Owner
  • Interpret Matters on Performance of the Contract (if requested by the Owner or Contractor)
  • Review and Respond in writing to requests for information
  • Prepare and Issue Supplemental Drawings if requested and necessary to clarify the Contract Documents
94
Q

A201, Article 4

What are the Architect’s authorities per this section of the agreement?

A
  • Reject the Contractor’s Work if it does not conform with the Contract Documents
  • Authorize Minor Changes to the Work if they are consistent with the intent of Contract Documents and do not necessitate a change in the Contract Sum or Time
  • Interpret Matters on Performance of the Contract (if requested by the Owner or Contractor)
  • Make Final Determinations on Aesthetics as long as they are consistent with the intent of the Contract Documents
95
Q

A201, Article 4

What are the Architects protections and limitations per this section of the agreement?

A

The Architect is specifically not responsible for:

  • Making Exhaustive / Continuous Site Visits
  • The Contractor’s Conformance to the Contract Documents
  • The completeness and Accuracy of the Overall Work

The Architect is not allowed to:

  • Stop the Work only report unsafe or non-conforming conditions to the Owner and Contractor
96
Q

A201

What does this form of agreement say about the Owner performing the work themselves or awarding work to multiple contractors?

A

The Owner has the right to:

  • Perform work on other parts of the Project
  • Award different Work to mutliple contractors

The Owner is responsible to:

  • Coordinate their own work with the Contractor’s work
  • Coordinate the work of their various different contractors
  • Compensate the Contractor for the acts of their forces or other Contractors that cause delays or present defects

The Contractor is responsible to:

  • Cooperate with the Owner and/or other Contractors on schedule, access, and other coordination to complete their Work
  • Compensate the Owner for delays or defects that adversely affect their work or the work of other Contractors.
97
Q

A201

What are the general aspects of the three ways the Work may be changed after the contract is signed?

A

Minor Change in the Work

  • maybe ordered by the Architect as long as it conforms with the intent of the Contract Documents and does not necessitate a change in the Contract Sum or Time

Construction Change Directive

  • only requires agreement between Owner and Architect
  • the Contractor must begin work according Change Directive immediately
  • the Contractor may begin billing for the cost of the Change Directive as part of regular payments
  • the Contractor submits a request for a change in the Contract Sum and/or Time once the impact of the Directive are fully determined
  • a Change Order is later issued per the agreed change

Change Order:

  • agreed and signed by the Owner, Architect, and Contractor
  • states explicitly the change in the Work and the associated adjustmet to Contract Sum and/or Time
98
Q

What is a Mechanic’s Lien?

A
  • filed against a property for an unpaid debt related to the improvement of that property
  • can be filed by the Contractor, Architect, sub-contractors, or vendors
  • the property cannot be sold or transferred while a lien is active
99
Q

A201

What are some ways that Mechanic’s Liens can be handled or mitigated per this form of agreement?

A

Section 9.10 has possible protections for the Owner against Lien’s filed because the Contractor did not pay sub-contractors or vendors.

The Owner can require that the Contractor submit a release of liens before final payment (which includes retainage) is made.

The Owner can required the Contractor to submit an affidavit of payment of all debts and claims before final payment is made.

100
Q

A201, Article 10

What is stated in this article about Hazardous Materials?

A

The Owner is responsible for all hazardous materials on the site, including:

  • previously unknown hazardous materials that are discovered
  • hazardous materials that are required to be on site per the Contract Documents

This includes damages and hiring the required professionals to handle discovered hazardous materials.

However, if the Contractor is negligent in their handling of hazardous materials they are solely responsible for any resulting damages.

101
Q

A201, Article 10

What is stated in this section about the Contractor’s responsibilities for safety?

A

The Contractor is solely responsible for taking precautions for safety on the Project site.

This includes:

  • the Contractors employees
  • the property / materials / Project itself
  • any other people affected by the Work
  • adjacent properties to the site

The Contractor must repair damage due to their lack of adequate protection, they must fix that damage.

102
Q

A201, Article 11

What insurance resopnsibilities does the Contractor have?

A
  • Worker’s Compensation
  • Bodily Injury or Death
  • Damages to the Work
  • Personal Injury
  • Motor Vehicle
  • Contractual Liability Claims
  • Require subcontractors to take out similar insurance
  • Add the Owner, Architect, and Architect’s Consultants as as additional insured parties (for claims caused by the Contractor’s negligence)
  • The amounts of these insurances must be as specified in the agreement or required by law (whichever is higher)
103
Q

A201, Article 11

What types of insurnace should / must the Owner have?

A

Must:

  • Property Damage
  • Loss of Use
  • Other insurance for for claims / losses related to their performance of the contract

Should:

  • the Property Damage insurance should include:
      • fire
      • theft / vanadlism
      • other hazards “not specified”
  • the amount of coverage should be for the Contract Sum plus any subsequent modifications to the Work
  • a Surety Bond from the Contractor
104
Q

A201, Article 11

What types of insurnace should / must the Owner have?

A

Must:

  • Property Damage
  • Loss of Use
  • Other insurance for for claims / losses related to their performance of the contract

Should:

  • The Property Damage insurance should include:
      • fire
      • theft / vanadlism
      • other hazards “not specified”
105
Q

A201, Article 12

What is stated in this article about the covering and uncovering of work by the Contractor?

A

If the Contractors covers work that the Contract Documents say must remain uncovered for Architect inspection

the Contractor must uncover them and re-cover them at their own expense

The Architect may request that any work be uncovered for inspection

If the work uncovered is found to be not in conformance with the Contract Documents, the Contractor must bear the cost of uncovering, fixing, and re-covering the work.

106
Q

B201, Article 12

What does this article say about non-conforming work that is discovered before Substantial Completion?

A

If the Architect rejects work because it does not conform with the Contract Documents BEFORE Substantial Completion:

  • The Contractor must correct the work
  • The Contractor must bear the cost of correcting the work, including:
      • testing
      • inpections
      • Architect’s services resulting from the correction
107
Q

A201, Article 12

What is stated in this section about non-conforming work discovered after Substantial Completion?

A

If the Contractor’s work is discovered to not conform to the Contract Documents AFTER Substantial Completion:

If it is within one year of Substantial Completion

-OR-

Within any standing warantees of the Work

Then the Contractor must correct the non-conforming work after being given written notice by the Owner.

If the Contractor does not correct the work, the Owner must give another written notice and if the work is not corrected with 10 days of that, then the Owner may correct the work on their own.

The Owner may seek compensation / damages from the Contractor for having to correct the work, depending on the agreement.

108
Q

A201, Article 12

What is stated in this article about accepting non-conforming work?

A

The Owner may accept work by the Contractor that does not conform with the Contract Documents, at their discretion.

If so, then the change must:

  • still conform with code
  • be executed as a formal Change Order

The Contract Sum may be reduced, if appropriate.

109
Q

A201, Article 14

What are the reasons that the Contractor may terminate the contract?

A

If none of these are due to the fault / non-performance of the Contractor, any sub-contractor, or any of their employees / agents:

  • A Court Order stops the work
  • A Government Act stops the work
  • Failure to issue a Certificate of Payment by the Architect without giving a reason
  • Failure to Pay a Certificate of Payment by t**he Owner f(within the time allotted by the agreement)
  • Owner Fails to Give Evidence of Ability to Pay per article 2
  • Delay in the Work:
      • For more than 30 consecutive days
      • For more than 120 non-consecutive days
      • For more than the number of days in the Contract Time
110
Q

A201, Article 14

What are the reasons that the Owner may terminate the contract?

A

If:

1) The Architect certifies these to be true; and

2) 7 days written notices is given,

then the Owner may terminate the contract if the Contractor:

  • Fails to supply sufficient skilled workers or proper materials
  • Fails to pay the sub-contractors
  • Disregards law or ordinance
  • Substantially breaches any provisions of the Contract Documents
  • The Work is suspended or terminated at the Owner’s convenience
111
Q

A201, Article 15

What is the process for initiating and processing a Claim?

A
  • Written notice of the Claim is submitted to all parties and to the IDM (usually the Architect)
  • The Claim must be submitted within the LATER of: Claim
  • The IDM renders a decision or declines to do so
  • If the IDM declines or if either party disagrees substantially with the decision, they Claim goes to Mediation
  • Either party may proceed to binding dispute resolution (as specified in the agreement):
      • within 30 days of Mediation concluding without resolution
      • within 60 days of Medation beginning, if resolution has not been reached
112
Q

A201, Article 15

How does this article set limitations / requirements on Claims?

A
  • Claim Must be Filed Within:
      • 21 days of the event causing the claim
      • 21 days of the discovery of the conditions leading to the
  • Contractor Must Continue the Work while the Claim is being evaluated
  • Claims may only be made for Direct Damages
113
Q

A201, Article 15

What does this article say about Consequential Damages?

A

Both parties waive the right to make claims for consequential damages.

This specifically include (but are not limited to):

(for the Owner)

  • rental expenses
  • loss of {use, income, profit, financing, credit}
  • damage to business / reputation
  • loss of employee productivity

(for the Contractor)

  • expenses in running the principal office
  • loss of financing
  • damage to business / reputation
  • loss of profit (other than that directly related to the Work).
114
Q

A201 SP

What general provisions of this form of agreement make it customized for sustainable projects?

A
  • Language the Coordinates with Other SP Documents
  • Additional Definitions in Article 1 for sustinable objective, sustainable measure, certifying authority, ETC
  • Additional Responsibilities for each party to perform the Sustainable Measures assigned to them by the Sustianability Plan
115
Q

A201 SP

What specifical additional responsiblities are put on the Contractor by this form of agreement?

A
  • If a Conditions Affecting a Sust’ Objective is identified by the Owner or Architect, the Contractor must cooperate in finding alternative to remedy the situation
  • Report Discovery of Conditions that might affect a Sust’ Objective
  • Submit in Writing the Effect of any Proposed Substitution on the Sust’ Objectives / Measures
  • Complete Documentation required by the Sust’ Objectives, including those required after Substantial Completion
  • Comply with Construction Waste Management including recycling, reuse, removal, and disposal and provide a written plan to carry out these.
116
Q

When is it recommended to use a SEPARATE document for supplementary conditions? What AIA form can be used to guide this separate document?

A
  • When A201 “General Conditions …” would have to be HEAVILY modified
  • Heavily modifying A201 “General Conditions …” is not recommended, since multiple other AIA documents are coordinated with and refer to specific sections of this document.*
  • For matters relating ONLY to bidding
  • Highly Specific procedural / administartive requirements
  • which should be given in general terms in A201 and should be spelled out in detail in the Specifications*

AIA A503 “Guide for Supplementary Conditions” gives model language that can be used for certain Supplementayr Conditions.

117
Q

What is the difference between Supplementary and Special conditions?

A

Supplementary Conditions

Conditions unique to a certain project but that might be reused on a similar type of project.

Special Conditions

Conditions that are entirely unique to a this specific project in this specific context.

118
Q

What are some of the more common Supplementary Conditions to be needed on some projects?

A
  • Permission for the Architect to transmit the Instruments of Service to the Contractor electronically
  • Additional Information or Services Supplied by the Owner
  • Cost of Architect reviewing requests for substitution
  • Owner to pay for utilities (instead of Contractor)
  • Requirement for Contractor to employee a superindentant for Electrical and Mechanical work
  • Provisions for fast-track scheduling
  • Reimbursing the Architect for extra site visits due to the Contractor’s fault
  • Additional protections for the Owner against claims for additional time or consequential damages
  • Requirements for detailed information on costs and overhead
  • Additional requirements for payment proceedures
  • Requirements for liquidated damages
  • Requirements for bonuses
  • Additional requirements for bonds or insurance
119
Q

What is the difference / relationship between Consequential and Liquidated damages?

A

Consequential Damages are those that are the indirect result of a fault or non-performance by a party in the agreement; they are the foreseeable result of any unforseeable circumstance.

Liquidated Damages is a way of metering Consequential Damages of which the precise damage is hard to calculate. They are usually set out beforehand in a per-day or other per-unit dollar amount. They CANNOT be used as a penalty; they are strictly based on a per-unit calculation.

120
Q

C401

What fundamental relationships does this form of agreement set up with the consultants?

A
  • The Consultant is an independant contractor for their portion of the porject
  • The Consultant must perform their work per a Standard of Care
  • The Consultants is not responsible for errors or omissions by the Architect, the Architect’s other sub-parties, or any other person working on the Project
  • All communication by the Contractor to other parties in the Project MUSt go through the Architect
  • The Architect may rely on the correctness of the work done by the Consultant
121
Q

C401

What are the responsiblities of the Consultant under this form of agreement?

A
  • Recommend Appropriate Measures such as tests, surveys, reports, or services of other professionals that may be needed
  • Coordinate their Work with the Architect and the other consultants
  • Provide Copies of their Work (including drawings, reports, specifications) to the Architect and other consultants
  • Provide a Schedule for their Work to the Architect
  • Assist the Architect in Determining Whether to Accept Work that is related to their portion of the Project
  • Comply with Code within their work
  • Correctness and Cosistency Across Documents of their own work
122
Q

C401

What are the responsibilities of the Architect per this form of agreement?

A
  • Provide Information Relevant to the Consultant’s Work including:
      • detailed layouts
      • size, load, and usage information
      • applicable codes
      • design decisions by the Architect
      • design criteria by the Owner
  • Overall Code Compliance of the design (although the Consultant ir responsible for the code compliance of their work on their portion of the Project)
  • Overall Coordination of the Work of the consultants
  • Overall Consistency and Completeness of the consultants’ work acros documents (to the Owner)
123
Q

C401 SP

What are the additional provisions of this form of agreement from the standard onne?

A
  • The Consultant in responsible for the sustainable services in the primary agreement between the Owner and Architect
  • The Consultant in responsible for performing the Sustainable Measures assigned to them in the Sust’ Plan
  • If the Architect requests, the Consultant must attend the Sustainability Workshop
  • The Consultant does not warantee or guarantee that they Project will meet its Sustainability Objectives

ARE 5.0 _ FL _ Proj Mgmt (3 decks)

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