Domain 1- Fundamentals Flashcards

1
Q

The Courts will interpret contract documents according to six rules. Name these rules.

A

1.) Autonomy to Contract
2.) Entire Agreement
3.) Specific takes precedents over General
4.) Trade customs
5.) Practical interpretation
6.) Construction against the Drafter

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2
Q

Interpretation Rule: Contruction against the Drafter

A

Ambiguous provisions will be interpreted against the party
drafting the provision on the basis that the drafter had
superior knowledge of the subject matter and should have
been more specific or accurate in the preparation of the
provision.

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3
Q

Interpretation Rule: Specific takes precedence over general

A

When specific information is written, the courts interpret
it as intentional for the work and will be given more
importance than general information or printed provisions.

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4
Q

Interpretation Rule: Autonomy to Contract

A

Contract law is founded on the principle that two parties
are mutually free to determine the terms of an agreement,
within the bounds of lawful activities, for a specific purpose.
Those who do so are seen as having the capacity to
contract for products or services.

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5
Q

Interpretation Rule: Trade Customs

A

If the contract documents do not adequately establish the
intentions of the contract provisions, then the court may
rely on the customs and practices of an industry or a trade.

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6
Q

Interpretation Rule: Entire Agreement

A

When considering questions, the court will search for
the meanings of the words used and the purposes of the
contract provisions. The documents will be interpreted in
an effort to establish the parties’ intentions. If ambiguities
or conflicts are found, other contract documents will be
examined in the effort to find definitions and meanings.
If an issue under consideration is of a technical nature,
the specifications will be examined

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7
Q

Interpretation Rule: Practical Interpretation

A

Ambiguous provisions will be interpreted by the court
according to the practical meanings placed on them by
the parties to the agreement

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8
Q

What are the 3 basic elements of a contract?

A

1.) Offer: a proposal by one party (offeror) to do or give something to another party (offeree).
2.) Acceptance: the consenting of the offeree to an offer
3.) Consideration: the reason or material cause of a contract.
(example: in a design contract, the consideration is the preparation of construction documents in return for payment.)

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9
Q

What is an Agreement?

A

In Design and Construction, the agreement is the written instrument signed by all parties which binds all the other documents enumerated in the agreement into the contract.

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10
Q

Standard of Care

A

A principle, architects should put into practice: Taking the same course of action as another reasonable and prudent architect or engineer in the same area would have taken under the same circumstances.

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11
Q

How is Professional Negligence defined?

A

1.) The architect or engineer did not conform to the Standard of Care. (Poor quality of the construction documents or lack of coordination leading to mistakes)
2.) There is a casual connection between the architect or engineer and the damage suffered by the other party.
3.) A legally protected interest of the party has been injured.

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12
Q

What are the 4 C’s of effective communication?

A

1.) Clear: use proper grammar and simple sentence construction to avoid ambiguity.
2.) Concise: Eliminate unnecessary words, but not at the expense of clarity, correctness or completeness.
3.) Correct: Present information accurately and precisely. Carefully select words that convey exact meaning.
4.) Complete: Do not leave out important information

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13
Q

This responsibility role belongs to?
Initiates the project; assumes the risk; provides funding, control,
and management of the design and construction process;
approves design and construction activities, and acts as the
principal stakeholder. Maybe Private or Public.

A

Owner
(May include advisors, investors, financial institutions, AHJ, attorneys, insurance companies, real estate agents, project Mangmt. companies, utility companies)

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14
Q

This responsibility role belongs to?
Constructs a project to convert a design into a physical facility.
Includes estimating, scheduling, subcontracting, and overall
project management.

A

Contractor Team
(may include sub-contractors)

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15
Q

This responsibility role belongs to?
A wide variety of companies that furnish the materials and
products for the project to be constructed; they typically do not
install materials, but may be required to certify installers
or observe installation for complicated work.

A

Supplier Team
(may include Manufacturer, distributor, fabricator, supplier)

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16
Q

This responsibility role belongs to?
Works with the owner to deliver a facility meeting the owner’s
aspirations and requirements; transforms the owner’s vision from
original concepts and ideas into the documentation required.

A

Designer Team
(may include architect, engineer, consultants)

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17
Q

Tripartite Relationship
(Ownership, Design, and Construction)

A

a collection of relationships among three primary, diverse groups that come together for the common purpose of focusing a wide range of talents and abilities on the planning, design, documentation, construction, and management of a project..

18
Q

Name the 6 stages of CSI’s Facility Life Cycle.

A

1.) Project Conception
2.) Design
3.) Construction Documents
4.) Procurement
5.) Construction
6.) Facility Management

19
Q

What is the difference between a Project and a Facility?

A

A Project describes the process of planning, designing, procuring, contracting, and constructing a facility for delivery to its owner.

A Facility is a completed project as a constructed entity intended for a specific purpose and function.

20
Q

What is Facility Life Cycle?

A

The sequence of stages that a project goes through, from the decision to build to taking occupancy for the facility’s intended purpose.

21
Q

What activities are performed during the Project Conception Phase?

A

Investigations, Programming, Site Evaluation and Selection, Project Delivery Method selection.
Owner considers Program, Budget and Schedule.

22
Q

What activities are performed during the Design Phase?

A

Architect develops Schematic and Design Development drawings, prelim cost estimating, prelim Project descriptions, and outline specifications.

23
Q

What activities are performed during the Construction Document Phase?

A

Owner starts the General and Supplementary Conditions.
Architect finalizes details drawings and specifications; Procurement requirements; and more detailed cost estimating.

24
Q

What activities are performed during the Procurement Phase?

A

Competitive Bidding/Proposing, and Contract Negotiations; Direct purchase of goods and supplies.

Owner: Solicitation, Instruction to Bidders, Instruction to Proposers, Bid Form, Proposal Form, Agreement; Purchase Orders
Architect: issues Addendums
Contractor: Bid/Proposal and provide Bid security.

25
Q

What activities are performed during the Construction Phase?

A

Mobilization, Construction, Contract Administration, and Project Close out.
Owner: issues Payment Certificates
Architect: issues Modifications, approves Payment, Site visits; issues Certificate of Substantial Completion.
Contractor: permits, schedules, construction submittals, Closeout submittals. Certificate of Occupancy.

26
Q

What activities are performed during the Facility Management Phase?

A

Occupancy, Operations and Management, Evaluations
Owner: Maintenance Records
Architect: Post Occupancy Evaluation
Contractor: Warranty Service

27
Q

What is Formats?

A

a standardized means of organizing, storing retrieving, and communicating the enormous body of information that needs to be addressed from the inception of a project throughout its life cycle.

Taxonomical: a format that establishes a structure for the classification of Contruction information can be properly and consistently stored for easy searching and retrieval.

Compositional: a format that establishes guidelines for the preparation of written documents used during the project delivery process. provide optional arrangements of written text with a document.

28
Q

Hierarchy of Formats

A

Omniclass:

Uniformat:
PPDFormat

MasterFormat:
SectionFormat
PageFormat

29
Q

OmniClass

A

A system for organizing information used by the A/E/C/ Industry.
a.) Data base structure
b.) 15 classification tables
Taxonomical

30
Q

Uniformat
(preliminary)

A

A system for organizing construction information by functional elements (systems and assemblies)
a.) organize Performance Specs using Design Build Delivery method
b.) Preliminary Cost Estimates
c.) organize Preliminary Project descriptions
d.) Standard drawing details guidelines for filing/storage
e.) Levels/Elements

taxonomical

31
Q

PPDFormat
(preliminary)

A

A standard for organizing written design information in a preliminary project description.
a.) Organized text for Uniformat

compositional

32
Q

Masterformat
(results)

A

A system for organizing construction information by work results.
a.) 50 divisions (does not follow construction sequences), Group and subgroup, number and title
b.) organizes Construction Specifications
c.) organizes Product Literature
d.) structured construction costs
e.) 2 Groups: Div 00: Procurement and Contracting Requirements, and Specifications (subgroups)
f.) Subgroup: Div 0-19: Facility Construction, Div 20-29: Facility Service; Div 30-39: Site and Infrastructure; Div 40-49: Process Equipment

taxonomical

33
Q

SectionFormat
(results)

A

Standard for organizing specification information within a specification section.
1.) Organizes Masterformat, individual sections
2.) Part 1: General: Describes administrative, procedural, and temporary requirements unique to a spec section. Extends subjects covered in Div 1.
Part 2: Describes products, materials, equipment, fabrication, mixes, systems, and assemblies along with their quality requirements.
Part 3: Execution: Describes site/field installation or application, including preparatory actions and post installation cleaning and protections.

compositional

34
Q

PageFormat
(results)

A

Standard for the presentation of specification information on a specification page.
1.) Organizes text for Section Format/MasterFormat
2.) Uniformity of Presentation on page, easy reading, flexible format

compositional

35
Q

US National CAD Standard (NCS)

A

a consensus standard incorporating industry publications of interrelated standards, guidelines, and tools for uniformly organizing and presenting facility planning, design, construction, and operation drawing information.

1.) AIA CAD Layer Guidelines
2.) CSI Uniform Drawing System (UDS)
3.) BIM Implementation
4.) Plotting Guidelines

36
Q

Name the 6 Fundamental Sustainable design approaches shared by all sustainable organizations?

A

1.) Site optimization
2.) Energy performance and conservation
3.) Water use and conservation
4.) Materials and Resources
5.) Environmental quality
6.) Historic preservation and rehabilitation

37
Q

Owner Team sustainability responsibility includes:

A

1.) Owner should understand sustainability design principles and approaches, and how they may affect construction costs.
2.) Owner should prioritize sustainability a goal early during project conception.
3.) Owner should maintain these goals throughout design, construction documentation, procurement, and construction.
4.) Facility Managers should implement maintenance procedures that support sustainable principles.

38
Q

Design Team sustainability responsibilities includes:

A

1.) Architect should be knowledgeable of sustainable design principles and approaches, and how they affect construction costs.
2.) Apply sustainable green concepts to help fulfill owner’s requirements. LEED, green products ratings

39
Q

Contractor Team sustainability responsibility includes:

A

1.) Contractor/design builder/CMA at risk should understand the projects sustainability goals.
2.) Have experience in the type of construction
3.) Ensure that construction methods and techniques; purchasing of products; and construction waste management fulfills the owners’ sustainability goals.
4.) Recycle and minimize construction waste
5.) Control pollution discharge

40
Q

Supplier Team sustainability responsibility includes:

A

1.) Modifying their manufacturing and distribution processes to comply with sustainability concepts.
2.) Research and developing products that contribute to the sustainability of a project.