Definitions Flashcards
Indemnification
Also called Hold Harmless Clause, is a contractual obligation whereby one party agrees to guarantee another party against loss or damage from specific liabilities.
Schedule Of Values
A statement furnished to the architect by the contractor reflecting the amounts to be allotted for the principle divisions of the work. It serves as a guide for reviewing the contractors periodic applications for payment.
Record Drawing
The show field changes that occurred during construction, which may vary from the information shown in the working drawings. They are not as built drawings. Field changes should be recorded by the contractor on a set of record prints at the site. Should be transferred to a permanent/reproducible medium by the contractor. If the architect is to do it, it is considered a change in services.
Substantial Completion
According to A201, it is the stage in the work when the work or designated portion of the work is sufficiently complete in accordance with the contract document so that the owner can occupy or utilize the work for its intended use. -Contractor Decides this point -if the contractor fails to include and item of remaining work it does not alleviate his/her responsibilities. -The architect prepares the certificate of substantial completion.
Certificate of Substantial Completion
A document prepared by the architect saying that the work is substantially complete. It generally fixes the time within which the contractor must complete the unfinished work on the punch list. It has to be signed by the Owner, Architect and the Contractor.
Retainage
Found in A101. The process in which the owner withholds money from the contractor as protection against the contractors potential failure to complete the work according to the contract documents. Retain-age should not be reduced or released without the written consent of the surety.
Quality Control
It involves carefully checking work (a contract, set of drawings, a design sketch) before it is distributed to the user (owner, contractor, and drafter)
Quality Assurance
It is a supplement to to quality control. It requires that in designing, documenting, and constructing a building, the proper resources and scrutiny are applied to each part of the process.
Total Quality Management (TQM)
It is developed in a response to the limitations of quality assurance. Quality Control + Quality Assurance + All aspect of service = Customer Satifaction.
Statute of Limitations
An ordinance which specifies the period of time within which legal action must be brought in order to obtain legal relief for damage or injury.
Liquidated Damages
It is included in the Owner/Contractor Agreement. It is the amount of money stipulated in the contract that is chargeable against the contractor as reimbursement for damages suffered by the owner because of the contractors failure to fulfill contractural obligations. They are not to be used as a penalty for the contractor. Only used if the owner suffers actual loss due to delays in construction.
Mechanic’s Lein/Lein
It is a claim against someones property, not on the person’s other assets. It provides security that labor and materials supplied to construct buildings will be paid in the event of non-payment to those who furnished the labor and materials. It forces sale of the owners property in order to satisfy a claim of payment. Clear title to the property cannot be obtained until the claim is settled. Cannot happen on public projects.
How to protect the owner form mechanics leins?
1) Retain-age
2) Labor and Materials Bond: Purchased by the contractor at the request of the owner. Guarantees payment for labor and materials should the contractor fail to pay them. (AIA A312)
3) Affidavit of Release of Leins: Contractor must submit those to receive final payment and in some cases progress payments. (AIA G706A)
Changes in work - General
If changes involve additional or reduced cost or time, they must be documented by the issuance of a change order. Other changes not involving cost or time, can be ordered by supplemental instructions (G710).
Changes in Work - Minor Changes
The architect may authorize minor changes or modification seeing it does not effect the contract time or cost. The architect can also absorb the expense for his or her services as a courtesy to the owner. The architect can use AIA G710 for that purpose - Architects Supplemental Instructions.
Changes in Work - Major Changes
The architect should submit a proposal to the owner for the cost of the additional services anticipated in connection with those changes, before performing them. Owner must provide written approval in order for the architect to proceed. Reference Reading for more proper procedure.
Change Order and Construction Change Directive
Used to accommodate requirements and conditions not provided for in the contract documents. B101 Requires the architect to prepare them for the owners approval an execution in accordance with the contract documents.
Change Order
(G701) A written order to the contractor, prepared by the architect and signed by the owner, contractor and architect, which states their agreement upon a change of work , the extent of the adjustment, if any, of the contract time, and or the amount of adjustment to the contract sum.
Construction Change Directive
(G714) It is a document prepared by the architect and signed by the owner and architect, which authorizes a change in the Work, the Contract sum, or contract time. If the contractor does not agree to the terms in a change order a construction Chang Directive is issued and signed by the owner and the architect. The contractor is obligated to perform the work described in it.
Methods for adjusting the contract sum?
1) Base cost on a mutually accepted Lump Sum
2) Base coset on agreed Unit prices
3) Determine the cost based on an acceptable Fixed or Percentage fee.
4) The architect determines cost by monitoring the contractors actual expenditures of time, materials, and overhead.
Alternates
Changes to specific parts of the drawings or specifications that allow and owner to tailor bid proposals to fit the available funds, or to allow choice between alternative materials or equipment. Alternates may be additive or deductive in nature.
Fiduciary
Party to whom another party entrust property for safe keeping
Unit Cost
Cost of the work is determined by unit prices when the quantity of a particular type of work is unknown or varies in from that shown in the contract documents. All unit prices should be noted as either additions or deletions from the contract.
Negligence
Failure to meet the ordinary standard of care ecpected of and architect under the same or similar circumstances a those associated with actual allegations of negligence in a specific case.
Area/Volume Estimate
A type of cost estimating that is typically used in the SD (Schematic Design) phase because of the lack of details available. Used to determine a preliminary cost estimate based on cost per Sq.Ft. and cost per Cubic Foot.
Subsystems Estimate
It is a type of cost
