Domain 2: Project Initiation Flashcards
A. Participate in the bidding process.
B. Identify the Owner’s bidding requirements.
C. Participate in the constructability review of project design.
D. Review schedules for omissions, conflicts, and unrealistic timeframes.
E. Ensure that bid addenda, accepted alternates, and negotiations are incorporated into the project scope of work.
F. Provide guidance on contract administration policies and procedures.
G. Communicate with the contracting parties during the construction process.
H. Understand relationships, roles, and responsibilities of the project team related to subcontracts and subcontractors.
The period between the procurement phase (bidding/negotiating/purchasing) and the beginning of actual construction work on the site is known as
A. Preconstruction
B. Conception
C. Schematic Design
D. Contract Documents
A. Preconstruction
CCAPG - 2.1 Preconstruction page 65
It is during Preconstruction that the following generally occurs depending on the project delivery method being used:
- If the project has been bid among prospective contractors, a successful bidder is identified by the owner to be the contractor.
- A letter of intent to award the contract is issued by the owner to the successful bidder.
- An owner-contractor agreement is executed; the successful bidder is now the contractor.
- Bonds, if any, are furnished by the contractor and delivered to the owner.
- Insurance certificates are furnished by the contractor and delivered to the owner.
- Building permits are issued by the authorities having jurisdiction (AHJs).
- A notice to proceed is issued by the owner if the date is not stipulated in the agreement.
- The contractor starts buying out the project and awarding subcontracts and purchase orders.
- Site conditions are verified.
- A preconstruction meeting or conference is held.
- The contractor mobilizes onto the site.
Subcontracts are contracts between the contractor and _______________.
Subcontracts are contracts between the contractor and subcontractors.
For the purposes of this chapter, the term contractor applies to the construction manager at risk and the term “subcontract” or “subcontractor” applies to the entity holding an agreement with the construction manager at risk.
For the purposes of this chapter, the term contractor applies to the construction manager at risk and the term “subcontract” or “subcontractor” applies to the entity holding an agreement with the construction manager at risk.
Upon receipt of the notice of award, the contractor has much work to do in relatively short time frame, beginning with the assembly of the project team that will be constructing the project.
Upon receipt of the notice of award, the contractor has much work to do in relatively short time frame, beginning with the assembly of the project team that will be constructing the project.
During buyout, the contractor is responsible for selecting and hiring the project’s subcontractors and pricing the project accordingly.
During buyout, the contractor is responsible for selecting and hiring the project’s subcontractors and pricing the project accordingly.
Bid shopping or price shopping is one example of an unethical negotiation practice. In construction law, bid shopping is the practice of divulging a contractor’s or subcontractor’s bid to other prospective contractor(s) or subcontractor(s) before the award of a contract in order to secure a lower bid.
Bid shopping or price shopping is one example of an unethical negotiation practice. In construction law, bid shopping is the practice of divulging a contractor’s or subcontractor’s bid to other prospective contractor(s) or subcontractor(s) before the award of a contract in order to secure a lower bid.
To reduce the potential for bid shopping, some procurement documents require that bidders list some or all subcontractors in their bids or within a short period after the bid opening.
To reduce the potential for bid shopping, some procurement documents require that bidders list some or all subcontractors in their bids or within a short period after the bid opening.
After receipt of a signed agreement, the contractor engages in final negotiations prior to the end of the buyout stage. If prices received from two suppliers or subcontractors were very close in quoted price and the contractor did not list one of the subcontractors or suppliers in the contractor’s bid, then the contractor can negotiate with each subcontractor or supplier postbid.
After receipt of a signed agreement, the contractor engages in final negotiations prior to the end of the buyout stage. If prices received from two suppliers or subcontractors were very close in quoted price and the contractor did not list one of the subcontractors or suppliers in the contractor’s bid, then the contractor can negotiate with each subcontractor or supplier postbid.
Several items may be considered in selecting and negotiating with potential subcontractors and suppliers. Negotiated terms should be clearly spelled out in the subcontract or purchase order. Suppliers often offer an early payment discount, such as “2 net 10,” which means a two percent discount can be taken if payment is made by the tenth day of the month. Other items to consider when negotiating with suppliers include the following:
- Responsibility for paying the cost of shipping products or materials to the site
- Inclusion of shop drawings and required submittals at no additional charge
- Price escalations for an ongoing commodity that will be provided over time on a project with long duration
- Ability to meet the contractor’s schedule
Several items may be considered in selecting and negotiating with potential subcontractors and suppliers. Negotiated terms should be clearly spelled out in the subcontract or purchase order. Suppliers often offer an early payment discount, such as “2 net 10,” which means a two percent discount can be taken if payment is made by the tenth day of the month. Other items to consider when negotiating with suppliers include the following:
- Responsibility for paying the cost of shipping products or materials to the site
- Inclusion of shop drawings and required submittals at no additional charge
- Price escalations for an ongoing commodity that will be provided over time on a project with long duration
- Ability to meet the contractor’s schedule
Subcontracts and purchase orders must be clearly written and require compliance with the contract documents in order to minimize questions that may arise later. The decision to issue a purchase order or subcontract can be affected by several criteria:
- When on-site labor will be performed, such as site excavation and grading, placement of rebar, erection of structural steel, or application of finishes, a subcontract is appropriate.
- The contract requirements may indicate that an installer or applicator is required to be a licensed subcontractor or authorized agent of the manufacturer.
- The cost of the work to be performed may exceed certain monetary limitations placed on the use of purchase orders.
- The type of service to be provided may indicate which document to use. Sometimes short-term specialty work can be covered by a purchase order.
- A hybrid document may be more appropriate. A supply contract usually has more contractual detail and requirements than a standard purchase order, and though it resembles a subcontract, it does not address on-site labor.
Subcontracts and purchase orders must be clearly written and require compliance with the contract documents in order to minimize questions that may arise later. The decision to issue a purchase order or subcontract can be affected by several criteria:
- When on-site labor will be performed, such as site excavation and grading, placement of rebar, erection of structural steel, or application of finishes, a subcontract is appropriate.
- The contract requirements may indicate that an installer or applicator is required to be a licensed subcontractor or authorized agent of the manufacturer.
- The cost of the work to be performed may exceed certain monetary limitations placed on the use of purchase orders.
- The type of service to be provided may indicate which document to use. Sometimes short-term specialty work can be covered by a purchase order.
- A hybrid document may be more appropriate. A supply contract usually has more contractual detail and requirements than a standard purchase order, and though it resembles a subcontract, it does not address on-site labor.
Subcontracts are contracts between the contractor and subcontractors. Under the Construction Management Association of America (CMAA) documents for construction manager at risk, the construction manager has a separate agreement with “contractors” for each work item. For the purposes of this chapter, the term contractor applies to the construction manager at risk and the term “subcontract” or “subcontractor” applies to the entity holding an agreement with the construction manager at risk. Each subcontract identifies the work required and is subject to compliance with the contract documents. Similarly, subcontractors can establish contracts with sub-subcontractors. Subcontract issues may include the number of mobilizations and demobilizations, required inclusions and exclusions, project schedules, special requirements for subcontracted work, testing requirements, submittals, and samples.
Subcontracts are contracts between the contractor and subcontractors. Under the Construction Management Association of America (CMAA) documents for construction manager at risk, the construction manager has a separate agreement with “contractors” for each work item. For the purposes of this chapter, the term contractor applies to the construction manager at risk and the term “subcontract” or “subcontractor” applies to the entity holding an agreement with the construction manager at risk. Each subcontract identifies the work required and is subject to compliance with the contract documents. Similarly, subcontractors can establish contracts with sub-subcontractors. Subcontract issues may include the number of mobilizations and demobilizations, required inclusions and exclusions, project schedules, special requirements for subcontracted work, testing requirements, submittals, and samples.
Whether using a standard or a custom form, it is important for the subcontract to contain flow-down language. This language ensures that the duties, rights, and responsibilities are properly delegated and that the terms are consistent with the provisions of the agreement between the owner and the contractor. The subcontract should reference the entire package of contract documents - not just those sheets or specification sections related to an individual subcontractor. Using standardized subcontractor agreement forms compatible with the contractor agreement and conditions of the contract ensures the use of flow-down language.
Whether using a standard or a custom form, it is important for the subcontract to contain flow-down language. This language ensures that the duties, rights, and responsibilities are properly delegated and that the terms are consistent with the provisions of the agreement between the owner and the contractor. The subcontract should reference the entire package of contract documents - not just those sheets or specification sections related to an individual subcontractor. Using standardized subcontractor agreement forms compatible with the contractor agreement and conditions of the contract ensures the use of flow-down language.
When preparing subcontracts it is important to address when the subcontractor will receive payment from the contractor. Some subcontracts prescribe that the subcontractor will be paid within a certain number of days after the contractor is paid by the owner. These are commonly referred to as pay if when paid” or “pay if paid” clauses.
When preparing subcontracts it is important to address when the subcontractor will receive payment from the contractor. Some subcontracts prescribe that the subcontractor will be paid within a certain number of days after the contractor is paid by the owner. These are commonly referred to as pay if when paid” or “pay if paid” clauses.
Some jurisdictions prohibit contractual provisions such as “pay when paid” or “pay if paid” clauses because they may be against public policy.
Some jurisdictions prohibit contractual provisions such as “pay when paid” or “pay if paid” clauses because they may be against public policy.
Subcontracts typically include requirements for the following:
- Payment and performance bonds
- Liability insurance
- Workers’ compensation insurance
- Certified payrolls and other required payroll reports
- Payment applications
- Submittals, samples, and mock-ups
- Warranties
- Record documents
Subcontracts typically include requirements for the following:
- Payment and performance bonds
- Liability insurance
- Workers’ compensation insurance
- Certified payrolls and other required payroll reports
- Payment applications
- Submittals, samples, and mock-ups
- Warranties
- Record documents
Purchase orders are contracts for materials being purchased that reference the project specifications and include pertinent terms such as discounts, cost escalations, submittals, certifications required, samples required, freight, taxes, delivery schedule, and quantities.
Purchase orders are contracts for materials being purchased that reference the project specifications and include pertinent terms such as discounts, cost escalations, submittals, certifications required, samples required, freight, taxes, delivery schedule, and quantities.
Purchase orders may include the following:
- Requirements for submittals, such as shop drawings, samples, and mockups
- Certifications and certificates of materials origin
- Testing requirements
Purchase orders may include the following:
- Requirements for submittals, such as shop drawings, samples, and mockups
- Certifications and certificates of materials origin
- Testing requirements
The date of contract commencement is established by a notice to proceed.
The date of contract commencement is established by a notice to proceed.
The EJCDC recognizes the notice to proceed as a significant contract document, because the period of time between signing the owner-contractor agreement and the beginning of construction may vary, depending on the time required for the contractor to obtain the insurance certificates, construction bonds, and other required documents.
The EJCDC recognizes the notice to proceed as a significant contract document, because the period of time between signing the owner-contractor agreement and the beginning of construction may vary, depending on the time required for the contractor to obtain the insurance certificates, construction bonds, and other required documents.
The architect/engineer may prepare the notice to proceed; however, it is signed by the owner because the owner’s signature is required on all contractual authorizations to the contractor.
The architect/engineer may prepare the notice to proceed; however, it is signed by the owner because the owner’s signature is required on all contractual authorizations to the contractor.
The documents typically used in the administration of a construction contract include the following:
- Owner-architect/engineer agreement
- Owner-contractor agreement(s)
- Conditions of the contract
- Specifications
- Drawings
- Bid form or proposal, when attached as an exhibit to the agreement
- Precontract revisions, including addenda with items relating to contract documents
- Notice to proceed
- Contract modifications, including change orders
The documents typically used in the administration of a construction contract include the following:
- Owner-architect/engineer agreement
- Owner-contractor agreement(s)
- Conditions of the contract
- Specifications
- Drawings
- Bid form or proposal, when attached as an exhibit to the agreement
- Precontract revisions, including addenda with items relating to contract documents
- Notice to proceed
- Contract modifications, including change orders