Contractual Documents Flashcards
During the final stages of contract document devel opment, the electrical engineer discovers that mechanical ductwork is shown on the mechanical engineering draw ings in a position that interferes with electrical conduit. The person responsible for resolving this conflict is the
A. electrical engineer
B. mechanical engineer
C. contractor
D. architect
The answer is D.
Solution
The architect is responsible for the overall coordination of all consultants’ drawings and for resolving disputes and conflicts. The electrical engineer should bring the conflict to the architect’s attention. The architect can then coordinate with both consultants to resolve the conflict.
A client requests that the architect provide a full-time staff member on the job site during construction. The archi tect is entitled to extra compensation for the service under what provision of AlA Document Bl41?
A. designated services
B. schedule of services
C. schedule of values
D. optional additional services
The answer is B.
Solution
AlA Document Bl41 clearly states what constitutes evalua tions of the work included in the standard scope of services: periodic site visits, but not exhaustive or continuous on-site inspections. On-site project representation is considered an additional service and is defined in the schedule of services.
AlA Document B141 separates the architect from the contractor with
A. agency
B. privity
C. mediation
D. indemnification
The answer is B.
Solution
AlA Document B141 states that nothing in that agreement will create a contractual relationship with a third party against either the architect or the owner. This reinforces the idea of privity-two parties to a contract are not liable to a third party.
Which of the following may be used to encourage the contractor to finish the job or to satisfy mechanics lien claims by subcontractors?
A. surety bond
B. liquidated damages
C. retainage
D. arbitration
The answer is C.
Solution
Retainage, or an amount of money withheld from each pay application, gives the owner leverage to make the contrac tor finish the job and provides a reserve in case liens must be satisfied.
A surety bond involves a third party (the surety) who ensures completion of the project if the contractor fails to meet his or her obligations. Liquidated damages are an amount speci fied in advance that the contractor must pay to the owner if the project is not completed on time. Arbitration is a method of resolving disputes between parties to a contract.
Which of the following describes the architects role as the owners agent, as defined in AlA Document B141?
A. The architect acts on behalf of the owner, mak ing decisions, expediting the work, and taking on responsibilities the owner would normally have.
B. The architect mediates between the owner, the contractor, and vendors for the benefit of the owner.
C. The architect is the principal of the relationship and balances the needs of the contractor and the owner.
D. The architect works for the owner in certain designated areas where he or she has been given the authority to act on the owner’s behalf.
The answer is D.
Solution
An agent acts on behalf of another and assumes certain specified authority and duties, but does not take on respon sibilities another person normally would have.
Which of the following are parts of the contract documents?
I. an addendum
II. a change order
III. special supplementary conditions
IV the contractors bid
V a written amendment signed by owner and contractor
A. I, II, and IV only
B. I, Ill, and V only
C. I, II, Ill, and V only
D. II, Ill, IV, and V only
The answer is C.
Solution
The contractor’s bid, like other bidding documents, is not part of the contract documents unless specifically stated in the agreement.
Which of the following is the contractor solely responsible for?
I. field reports to the owner
II. field tests
Ill. scaffolding
IV reviewing claims of subcontractors
V reviewing shop drawings
A. II and Ill only
B. IV and V only
c. I, II, and III only
D. II, Ill, and IV only
The answer is A.
Solution
Scaffolding is part of the means of construction, which is the contractor’s responsibility The standard general condi tions specifically state that the contractor is responsible for arranging and coordinating field tests.
Field reports are the responsibility of the architect, who is also responsible for reviewing claims. A subcontractor may make a claim directly to the contractor, who in turn would have to make a claim to the owner. Both the contractor and the architect are responsible for reviewing shop drawings, although only the contractor is responsible for the accuracy of the shop drawings. The architect reviews them only for general compliance with the requirements of the contract documents.
In a typical relationship established by AlA Document B141 (RAIC Document 6), who acts as the agent?
A. the architect
B. the contractor
C. the owner’s attorney
D. the owner
The answer is A.
Solution
In the relationship established by the standard owner architect agreement, the architect is the agent, the owner is the principal, and the contractor is the third party A legal advisor is not the agent in the relationship established by this agreement, but an attorney may act as the owner’s agent in regard to legal matters.
What does the phrase “time is of the essence” mean in a contract?
A. The project must be completed as quickly as possible.
B. All work must be completed by the dates speci fied in the contract or the contractor has breached the agreement.
C. The contractor must mobilize its forces and begin working on the project as soon as the contract is signed.
D. The owner is responsible for setting the construction schedule.
The answer is B.
Solution
When the dates included in the contract are firm, the con tract will include the phrase “time is of the essence.” By agreeing to the contract, the contractor is affirming that the construction period stated is a reasonable amount of time for completing the job and that the work will be completed by the specified date. If both parties (the contractor and the owner) do not fulfill their obligations by the dates stated in the contract, they may be in breach of the contract. This phrase is included in Subparagraph 8.2.1 of AlA Document A201. If the contractual deadlines are not met, the contrac tor may be forced to pay the owner liquidated damages if this provision has been agreed upon in advance.
Which party owns the copyright on a building?
A. the owner
B. the architect
C. the contractor
D. the construction manager
The answer is B.
Solution
The architect owns the copyright on his or her work from the moment the ideas are expressed in a tangible form, such as sketches, CAD files, technical drawings, models, and so on. These expressions that move a building from an idea to a built structure are known as instruments of service and are addressed in AlA Document B141, Subparagraph 1.3.2. Subparagraph 1.3.2.1 states that the architect retains own ership of the copyright. AlA Document A201, Subpara graph 1.6.1, informs the contractor of the architect’s right to ownership and explains that although the contractor is per mitted to use the instruments of service for the purposes of constructing that project, he may not use them for any other purpose.
The right to ownership of the instruments of service is of critical importance to architects, and all owner-architect agreements should contain language protecting this right. Architects bear responsibility for the way that these docu ments are used. AlA Document B141, Subparagraph
1.3.2.2, allows the owner a nonexclusive license to repro
duce drawings for use on this project only. The owner does not own the design or the instruments of service, just the building that is constructed using them. If the owner wishes to build another building using the same design, the archi tect’s consent must be obtained. This protects the architect from circumstances where drawings are being used without the architect’s knowledge and without proper payment for architectural services. It also guards against situations where the drawings prepared specifically for one project are being used under conditions not addressed by the original docu ments, which may expose the architect to liability.
