Domain 7 - Construction

Question 1

Differentiate between construction contract administration and contractor project management

Answer 1

*Construction Contract Administration. Activities related to administering the contract for construction, often performed by the architect/engineer.
*Contractor Project Management. Activities related to managing the construction process, typically performed by the contractor.

Question 2

Identify the responsibilities of the contractor according to AIA A201 and EJCDC-700

Answer 2

*Execute the work.
* Control the Project Schedule
* Monitoring subcontractor and supplier performance
*Payment Procedures
*Jobsite Safety
*Quality Assurance and Quality Control
*Familiarity with the site and local conditions
*Study and comparing the various portions of the contract documents.
*Reporting nonconformity of the contract documents with current laws, codes, statues, ordinances, rules, regulations, or lawful orders
*Provide labor, materials, equipment, tools, construction equipment, and machinery.
* Supervising and directing work
* Being solely responsible for and in control of construction means, methods, techniques, sequences, procedures, and coordination.
*Inspect installed work in anticipation of subsequent work.
* Making substitutions with permissions from owner/AE
*Enforcing discipline, and good order on the site.
*Warranting that material and equipment will conform to contract documents.
*Paying taxes
*Securing Building Permit and other permits, fees, licenses, and inspections by governing agencies.
*Employ a competent superintendent
*Prepare a construction schedule for the work
*Prepare a submittal schedule/submittals for approval.
*Maintain a set of contract documents and copy of submittals at the site that are marked to indicate field changes and selection made during construction.
*Keeping the site free from accumulation of waste materials or rubbish.
*Permitting owner and architect access to the site.
*Scheduling inspections with AHJ
*Submitting record drawings, operation and maintenance manuals, and other project data to owner or authorized recipients.
*Promptly Pay subcontractors and suppliers.

Question 3

Describe three types of graphic schedules used for construction

Answer 3

1.) Gantt Chart
2.) Critical Path Method
3.) LBS schedule

Question 4

Uses algorithms to establish various types of relationships
between activities and the dates when they start and stop
to establish the sequence of activities that constitutes the
shortest path through all the activities.
1.) Gantt Chart
2.) Critical Path Method
3.) LBS schedule

Answer 4

2.) Critical Path Method

Question 5

Based on tracking the continuity of crews as they move
from one production task to the next, and emphasizes
physical locations to plan, analyze, and control workflow.
Uses graphical flowline diagrams that show the movement
of crews through locations of work tasks.
1.) Gantt Chart
2.) Critical Path Method
3.) LBS schedule

Answer 5

3.) LBS schedule

Question 6

A type of bar chart that lists sequential activities or tasks
vertically and is considered the simplest form of a schedule.
1.) Gantt Chart
2.) Critical Path Method
3.) LBS schedule

Answer 6

1.) Gantt Chart

Question 7

The process of overlapping activities to permit portions of construction to start prior to completion of the overall design and construction documents.

Answer 7

Fast-track scheduling

Question 8

Describe how the fast-track scheduling technique could affect the
design team

Answer 8

The architect/engineer may be simultaneously involved in design, construction documents, development of multiple bid or proposal packages, procurement, and construction contract administration.
It adds to the responsibilities of the architect/engineer, and a larger portion of construction documents preparation time is required as compared to an identical project using a more traditional method. Increases the cost for the architects services.

Question 9

Performing one portion of the work prior to another portion in either a logical order or a predetermined order.

Answer 9

Sequencing

Question 10

Which of the following entities is responsible for sequencing the construction work?
a.) Owner
b.) Architect/engineer
c.) Contractor
d.) None of the above

Answer 10

c.) Contractor

Question 11

Identify the activities associated with Field Engineering.

Answer 11

• Site surveying
• Determining facility placement
• Developing the layout from the contract drawings

Question 12

Quality control requirements for construction items in the specifications, or references to various industry or trade association standards related to product or equipment to establish minimum acceptable conditions.

Answer 12

Tolerances

Question 13

*Regular cleaning as determined by the contract documents
which reduces accidents and makes access to work areas
easier for all workers.

Answer 13

Progress cleaning

Question 14

*Cleaning that is performed immediately prior to turning
the project over to the owner at substantial completion.

Answer 14

Final Cleaning

Question 15

List Personal Protective Equipment (PPE) used on the jobsite.

Answer 15

Hard hats, Ear Protection, Dust Masks and respirators, Safety glasses, goggles, and face shields, safety vests, Safety harnesses, lanyards, and lifelines, gloves, and boots (steel toe)

Question 16

These meetings address the progress and scheduling
of the work, coordination between the contractor and
subcontractors, and coordination between two or more
subcontractors. These meetings frequently address contract
issues such as applications for payment, project site safety,
requests for information, and contract modifications. The
owner and architect/ engineer typically do not attend these
meetings.
a.) Progress Meeting
b.) Contractor/Subcontractor Meeting
c.) Preinstallation Meeting
d.) Closeout Meeting
e.) Meeting with Client/Project Closeout

Answer 16

b.) Contractor/Subcontractor Meeting

Question 17

These meetings are conducted near the finish of the
project to review the procedures and activities necessary to
complete the project.
a.) Progress Meeting
b.) Contractor/Subcontractor Meeting
c.) Preinstallation Meeting
d.) Closeout Meeting
e.) Meeting with Client/Project Closeout

Answer 17

d.) Closeout Meeting

Question 18

These meetings concern how the work is developing and
could include the owner, architect/engineer, contractor,
construction manager, and others invited for specific
purposes. They provide a forum in which matters pertinent to
the timely completion of the work can be discussed.

a.) Progress Meeting
b.) Contractor/Subcontractor Meeting
c.) Preinstallation Meeting
d.) Closeout Meeting
e.) Meeting with Client/Project Closeout

Answer 18

a.) Progress Meeting

Question 19

This meeting is to discuss what will occur during project
closeout. This meeting provides the opportunity to mitigate
risk by obtaining feedback from the client on the architect/
engineer’s performance.

a.) Progress Meeting
b.) Contractor/Subcontractor Meeting
c.) Preinstallation Meeting
d.) Closeout Meeting
e.) Meeting with Client/Project Closeout

Answer 19

e.) Meeting with Client/Project Closeout

Question 20

These meetings help to clarify installation procedures,
phasing, and coordination of the participants and processes
involved in the installation of a specific material, product,
system, or equipment.

a.) Progress Meeting
b.) Contractor/Subcontractor Meeting
c.) Preinstallation Meeting
d.) Closeout Meeting
e.) Meeting with Client/Project Closeout

Answer 20

c.) Preinstallation Meeting

Question 21

Describe the purpose of Submittals.

Answer 21

*NOT a Contract document because A/E did not author or prepared.
*Submittals expand on the information indicated on the contract documents.
* AIA A201, P 3.12.4: The purpose of is to demonstrate how the contractor proposes to conform to the information given and the design concept expressed in the contract documents.
*Part of Quality assurance
*Provide the owner with information on the products, materials, systems, and equipment incorporated in the project.
* Administrative and Procedural requirements found in General Conditions/Div. 01-General Requirements (Submittal specification section), and in individual specifications sections in Div 02-49.)

Question 22

Describe the purpose of a submittal schedule

Answer 22

A submittal schedule assists the architect/engineer and the contractor in maintaining an even pace for submittals preparation, submission, and review. A properly prepared submittal schedule
aids the contractor to include all critical submittal items and helps the preparation and review activities by controlling the flow of submittals.
* contractor is required to submit a schedule at the beginning of a project by AIA 201, and EJCDC C-700

Question 23

Differentiate between action and informational submittals

Answer 23

*Action submittals are submittals requiring responsive action by the architect/engineer.
*Informational submittals are submittals not requiring responsive action by the architect/engineer.

Question 24

Describe the 3 types of action/informational submittals listed in SectionFormat.

Answer 24

*Product data – Includes the manufacturer’s technical information, illustrations, schedules, diagrams, performance charts, instructions, and brochures that illustrate physical appearance, size, and other characteristics of materials and equipment.
*Shop drawings – Shop drawings are drawings, diagrams, illustrations, and schedules that specifically illustrate and depict some portion of the work in more detail.
*Samples – Physical objects that show color, texture, and other appearance characteristics
of actual products and materials.

Question 25

Name other types of action/informational submittals that may be required by the contract documents

Answer 25

Certificates, Delegated Design Submittals, Test and Evaluation Reports, Manufacture's instructions, Source QC submittals, Site QC Submittals, Coordinating drawings, Manufacturer Reports, Sustainable Design Submittals, Special Procedure Submittals, and Qualification statements

Question 26

Submittals that are submitted during project closeout that do not require responsive action by the architect/engineer but may require architect/engineer review.

Answer 26

Closeout submittals

Question 27

Describe the types of Closeout Submittals.

Answer 27

* Maintenance agreements * Operation and maintenance data * Bonds * Warranty documentation * Record documentation * Sustainable design closeout documentation * Software * Keying

Question 28

Describe the purpose of Maintenance Materials Submittals

Answer 28

These submittals are for materials that are specified to be furnished to the owner for maintenance purposes. Maintenance materials submittals are sometimes known as “attic stock.” Examples include spare parts, extra stock materials, and tools.

Question 29

Describe the preparation, review, and processing of submittals.

Answer 29

Submittals are usually prepared and assembled by manufacturers, suppliers, fabricators, and subcontractors for the contractor’s review and approval prior to submission to the architect/ engineer. Submittals are initially reviewed and approved by the contractor to ensure that contract document requirements have been met, to check dimensions, and to coordinate with subcontractors. Once approved by the contractor, they are submitted to the architect/engineer for review and processing. The architect/engineer’s review is limited to determining whether the submittal is consistent with the design intent indicated in the contract documents. Submittals should be complete and accurate, in conformance with specified requirements, and consistent with project conditions. They should be prepared, submitted, and reviewed in a timely manner according to the approved submittal schedule and the current construction progress schedule. Only submittals that are specified to be submitted should be processed. Submittals not required by the contract documents are usually returned without review by the architect/engineer

Question 30

Some building components have unique design requirements with which only the product manufacturer would be familiar, or the manufacturer has the capacity to design and engineer the attachments of the components to the facility. For these situation, the A/E specifies that the design and engineering is delegated to the contractor as part of submittals.

Answer 30

Delegated design and engineering

Question 31

Distinguish between Observe and Inspect

Answer 31

To observe implies a less focused view of what is being looked at, that simply noticing or seeing is enough. To inspects, it implies a more careful observation designed to critically evaluate what is in place.

Question 32

Describe the purpose of the architect/engineer’s site visits.

Answer 32

* Ascertain the progress and quality of the work. * Inform the owner of known deviations from the contract documents and defects and deficiencies observed in the work. * Keep the owner informed of the progress of the work.

Question 33

Describe the purpose of the Contractor's site visits.

Answer 33

*Observe conditions at the site affecting the work and correlate them with a review of the contract documents and report any observed errors, omissions, and inconsistencies to the architect/engineer. *Prepare and submit a comprehensive list (initial punch list) of items to be completed or corrected prior to final payment * Inspect each portion of the work prior to performing subsequent work. * Inspect work performed by the owner or seperate contractor if the contractor's work depends on that work.

Question 34

Describe the purpose of the Product Representative's site visits.

Answer 34

*Complete inspections required for products subject to a warranty. *Verification of conformance with manufacturer's instructions. *The provision of training for the workers.

Question 35

Describe the purpose of the Facility Manager's site visits.

Answer 35

*Become familiar with the location of concealed items, such as piping, conduit, cabling, and structural connections *Become familiar with the means and methods employed by the contractor. *Observe construction of the facility for which the facility manager will be responsible. *Participate in the decision-making regarding contract modifications.

Question 36

Describe the purpose of the AHJ's site visits.

Answer 36

Verify that code and ordinance requirements have been met by performing building, mechanical, electrical, elevator, fire, life safety, health, zoning, accessibility, and critical structural inspections of the Work.

Question 37

Describe the purpose of the Owner's site visits.

Answer 37

Owner has NO contractual responsibilities for site visits under the standardized General Conditions. However if he does site visits, then clear lines of responsibly and communication need to be established to avoid erroneous presumptions.

Question 38

Describe the purpose of the Lender's site visits. (usually a third party)

Answer 38

*to keep the lending institution advised of the progress and quality of the construction work. *to ensure the work completed and the application for payment are consistent.

Question 39

Identify the conditions in which work will be considered defective or nonconforming.

Answer 39

Standardized general conditions stipulate that work is considered defective or nonconforming under the following conditions: * Neither new nor of good quality * Not free from defects * Not conforming to the contract documents

Question 40

True or False? The architect/engineer has the authority to accept nonconforming work.

Answer 40

False (only the Owner can accept non conforming work.)

Question 41

Describe the two situations where concealed conditions may be uncovered to examine the concealed work.

Answer 41

*If work is concealed contrary to the written request of the architect/engineer or the contract documents, the architect/engineer has the right to request that the work be uncovered and replaced at the contractor’s expense. *If the architect/engineer has not specifically requested to examine the work before it was covered, and if the uncovered work is defective or nonconforming, the contractor is obligated to correct the work and the reinstallation of the covering work may be at the contractor’s expense. If the work is determined to be conforming, then the cost becomes the owner’s responsibility.

Question 42

1. Which of the following statements is true regarding stopping the work on a project? Check all that apply. a.) The owner has the authority to order the contractor to stop work if the contractor fails to correct work that is not compliant with the contract documents b.) The architect/engineer has authority to order the contractor to stop work. c.) The contractor does not have the authority to stop work, even if the owner has failed to pay the contractor within the time stipulated in the contract documents. d.) The contractor has the right to stop work if hazardous materials are encountered during the work that are not addressed in the contract documents. e.) The owner has the authority to order the contractor to stop work if the contractor repeatedly fails to carry out the work in accordance with the contract documents.

Answer 42

a.), c.), d.), e.)

Question 43

True or False? The owner may suspend the work for any reason.

Answer 43

True

Question 44

True or False? If the owner suspends the work, the owner is not obligated to cover the contractor’s cost associated with the suspension.

Answer 44

False

Question 45

Which of the following statements are valid reasons for the owner to terminate the work for cause? Check all that apply. a.) Contractor fails to make prompt payments to workers, subcontractors, and material suppliers b.) Contractor disregards laws or other legal requirements c.) Contractor fails to submit certifications for payment d.) Contractor is guilty of a material/substantial breach/violation of the contract documents

Answer 45

a.), b.), d.)

Question 46

Which of the following statements are valid reasons for the contractor to terminate the work for cause? Check all that apply. a.) Owner fails to pay contractor b.) Architect/engineer fails to perform site visits c.) Owner suspends the work for a specified period of time d.) Owner fails to pay subcontractors

Answer 46

a.), c.)

Question 47

Define Quality Assurance as it relates to the construction phase

Answer 47

*Quality Assurance - Refers to the procedures for guarding against construction defects and deviations from the contract documents before and during the execution of the work. It includes submittals, certifications, and other actions to ensure that the proposed products and services meet the contract requirements. (before and during activity)

Question 48

Define Quality Control as it relates to the construction phase

Answer 48

*Quality control - Refers to the procedures for evaluating completed activities and elements of the work for conformance with contract requirements. Procedures include testing and inspection of installed work. (completed items)

Question 49

Describe how a quality control process can be a quality assurance process for subsequent work

Answer 49

Quality control for one action may become quality assurance for the next step in a process. In each step of the process, the previous quality control becomes part of the quality assurance for the next step. For example, in a slump test for concrete, the test is quality control for the concrete in the mixer and quality assurance for the same concrete not yet placed in the work.

Question 50

Describe how stakeholders and participants affect quality.

Answer 50

*The owner must have realistic goals and a reasonable program, budget, project delivery method, and project schedule. *The architect/engineer’s ability to develop the owner’s requirements into a documented design is critical to defining the quality and the basis for evaluation (such as tolerances and standards). *The contractor’s performance and the completed project will be evaluated based on meeting the requirements of the contract documents.

Question 51

There is no substitute for clear, concise, correct, complete, and coordinated contract documents. However, because it is impossible to produce perfect construction documents, there will always be a need to make modifications to the contract documents. Which of the following entities is responsible for interpretations, clarifications, and modifications? a.) Owner b.) Architect/Engineer c.) Contractor d.) None of the above

Answer 51

b.) Architect/Engineer

Question 52

Describe the purpose of a Request for Information (RFI)

Answer 52

RFIs are usually submitted by the contractor to the architect/engineer in order to ask a question about the contract documents or to seek a clarification.

Question 53

Describe the three methods used to make contract modifications.

Answer 53

*Change Directive *Change Order *Minor Change

Question 54

Used in the absence of an agreement between the owner and the contractor on the terms of a change to the contract documents, or when the value of a change cannot be determined until after the work is performed

Answer 54

Change Directive

Question 55

A written instruction that accomplishes an addition, deletion, or revision to the contract documents and an adjustment to the contract time and/or the contract sum/price. These are signed by the architect/engineer recommending the change, the contractor accepting the change, and the owner authorizing the change.

Answer 55

Change Order

Question 56

Written orders issued by the owner or architect/engineer that modify the contract documents and do not involve an adjustment of the contract time or contract sum/price

Answer 56

Minor Change

Question 57

what is the difference between a Proposal request vs a Change Order request?

Answer 57

*A proposal request is issued by the owner or A/E to the contractor to request a proposal or a change. *A Change Order request is issued by the contractor, either in response to a proposal or a change requested by the contractor, and typically includes any cost or time changes.

Question 58

Describe the three common payment intervals

Answer 58

*Periodic progress payments – Payments made at set intervals of time. Monthly payments are common for most projects. Small projects with shorter construction periods or projects using the fast-track method may have shorter intervals between payments. *Provisional payments – Provisional payments are predetermined partial amounts of the total contract sum/price tied to the attainment of identifiable milestones. *Single payment – A single payment is made at the completion of the work and are suitable for projects with very short construction periods or have a small contract sum/price

Question 59

Describe the contract responsibilities of the architect/ engineer when certifying payment applications.

Answer 59

*The architect/engineer has observed the work in progress and evaluation of the contractor's application for payment. *The architect/engineer acknowledges that the contractor is entitled to payment. *The architect/engineer’s certification is based on the knowledge, information, and belief that the work has progressed to the point indicated and the work conforms to the requirements of the contract documents.

Question 60

Describe the three applications of Measurement in determining payment amounts

Answer 60

The three applications of measurement are described as follows. * Observing the level of completion for each schedule of value item and comparing it to the amount requested by the pay application for that item. * Predetermined amounts are paid at the attainment of a specified milestone. * Unit prices applied to the actual installed quantities to determine amount to be paid.

Question 61

Describe the Schedule of Values

Answer 61

*An itemization of the costs of the work apportioned across various divisions of work, which together comprise the total contract sum/price for lump sum or stipulated sum contracts. *It is prepared by the contractor according to the contract documents and typically uses the project manual table of contents as the organizational format. ( Uniformat) *Used as the basis for submitting and reviewing progress payments

Question 62

Describe the Schedule of Values

Answer 62

*An itemization of the costs of the work apportioned across various divisions of work, which together comprise the total contract sum/price for lump sum or stipulated sum contracts. *It is prepared by the contractor according to the contract documents and typically uses the project manual table of contents as the organizational format. (Uniformat) *Used as the basis for submitting and reviewing progress payments

Question 63

Components of the Payment process

Answer 63

1.) Application forms (AIA G702 Application and Certification for Payment, or EJCDC C-620) 2.) Schedule of values 3.) Contractor's preparations 4.) A/E review application for payment 5.) A/E certification for payment

Question 64

Describe the purpose of Retainage

Answer 64

Retainage is not to force the contractor to perform, but to protect the owner against errors in estimating the value of work completed or defective work, and is used to settle other participant (third-party) claims against the contractor before the release of final payment.

Question 65

List the reasons that allow the architect/engineer to withhold payment to the contractor

Answer 65

AIA Document A201™ and EJCDC C-700 provide several reasons for the architect/engineer to withhold payment to the contractor. *Defective work not remedied *Third party claims filed or expected to be filed *Failure of contractor to make payments properly to subcontractors *Repeated failure to carry out the work according to the contract documents

Question 66

Describe the repercussions should the owner fail to make payment to the contractor

Answer 66

If there is a failure to make payment within the prescribed times, without cause under the contract conditions, the owner may be in material breach of contract. In this situation, the contractor is protected under the agreement and the general conditions. Upon prior written notice, the contractor may stop work if payment is not made within the notice period. The owner’s exposure to liability in such instances may include the contractor’s cost of demobilization and the cost of delay and remobilization after the breach is rectified by the owner. If the breach is not rectified by the owner and the contract is terminated, the owner may also be liable for damages resulting from the contractor’s loss of profit.

Question 67

Describe the purpose of a Lien

Answer 67

A lien is the legal right of a party or claimant, such as a subcontractor, to control the improved property of another or have it sold for payment of a claim. Typically, if a contractor, a subcontractor, a sub-subcontractor, or a material supplier is not paid, they have a right to file a lien against the property where the work was performed.

Question 68

Describe the purpose of liquidated damages and penalty/bonus provisions in a construction contract

Answer 68

*Liquidated damages are a fixed amount for each day in which the work is not completed within the contract time. The liquidated damages amount is to compensate the owner for not having beneficial use of the project by the stipulated time. Liquidated damages must be reasonable and documentable. *The owner pays the contractor a bonus if the project is completed earlier than the contract time. Conversely, if the contractor finishes later than the stipulated date, the owner may invoke a penalty.

Question 69

Describe the processing of the final payment

Answer 69

Final payment often requires the processing of a final change order to balance previous payments against the final payment and the final contract sum/price. Final change order items may include: * Adjustments to unit price item quantities * Adjustments to stipulated allowances * Adjustments for liquidated damages or penalty/bonus clauses * Adjustments for testing reimbursement when the owner employs the testing services and pays for only passing tests * Adjustments for reimbursement of utilities * Adjustments for reimbursement of the owner’s expense for additional architect/engineer services

Question 70

Define Claim

Answer 70

A claim is an assertion of a right under the contract. Owner Claim Contractor Claim

Question 71

Describe what may become of an unresolved Claim.

Answer 71

An unresolved claim is a dispute. When any of the participants refuse to accept their contractual responsibilities, disputes occur. However, a claim may become a dispute no matter how responsibly the parties attempt to reach a resolution.

Question 72

Describe who may file a claim and for what reasons

Answer 72

Claims can be made by the contractor against the owner, by the owner against the contractor or the architect/engineer, or by a third party. **Owner claims will basically be based on the following premises (See PDPG Section 8.11.1.2 for some specific examples): * Contractor has damaged the owner in some way. * Contractor has not constructed some portion of the work according to the contract documents. **Contractor claims will basically be based on the following premises (See PDPG Section 8.11.1.1 for some specific examples): * Owner has damaged the contractor in some way. * Architect/engineer’s actions, or lack of timely action, has delayed the work. * Interpretations or modifications that affect the contract sum/price or contract time for completion of construction. * Errors, omissions, or lack of coordination of the contract documents. * Weather delays. Third-party claims can be many. Most are injury or death to persons and property damage.

Question 73

Define Entitlement

Answer 73

a right to benefits specified by law or by contract.

Question 74

Describe the two determinations of a contractor’s entitlement to a claim.

Answer 74

*The first determination for a contractor’s entitlement to a claim is whether the contract documents adequately identify the claim as being within the contractor’s contractual obligations. If the work in question is not found to be reasonably inferred, the contractor is entitled to a contract modification; on the other hand, if the work is reasonably inferred, then entitlement can be denied. *The second determination of contractor entitlement is the timing of the claim. Standardized general conditions require the contractor to notify either the architect/engineer or the owner before performing extra work.

Question 75

Describe what is required of an owner’s entitlement to a claim

Answer 75

To determine owner entitlement, it must be established whether the work in question required of the contractor is reasonably inferred from the contract documents. If the work in question is reasonably inferred, the owner’s claim may be upheld without a modification of the contract documents. If the work in question cannot be reasonably inferred, the owner’s claim is denied, and the work in question is either dismissed or submitted as a contract modification.

Question 76

True or False? On contractor claims for additional cost, the owner should verify with the architect/engineer that the costs claimed are representative of the total impact of the conditions giving rise to the claim.

Answer 76

False The A/E verifies with the Contractor

Question 77

True or False? After evaluating the submitted claim documentation, the architect/engineer, or person identified to evaluate the claim, presents the findings to the owner and contractor

Answer 77

True

Question 78

True or False? Documentation should be submitted to support a claim

Answer 78

True

Question 79

True or False? The architect/engineer is the only entity that can make decisions on claims.

Answer 79

False A/E or initial decision maker

Question 80

Describe how disputes can be avoided

Answer 80

Disputes are avoided by a mutual understanding of the interests and limitations of each party. The owner holds the contractor accountable for only those cost elements of the project that are reasonably documented or foreseeable at the time of pricing. The contractor should understand the owner’s need for thorough documentation justifying a claim.

Question 81

Describe the three methods of alternative dispute resolution (ADR)

Answer 81

Dispute Resolution Boards Mitigation Arbitration

Question 82

A formal process that involves the services of one or more neutrals who are empowered to reach an enforceable decision. Decisions are considered final and conclusive, and they are not subject to appeal.

Answer 82

Arbitration

Question 83

A non-binding process that involves the services of an independent neutral third party to facilitate discussions and communications between parties with the goal of reaching an agreement that resolves the dispute. If a settlement is achieved, the parties mutually determine the terms of the settlement and the agreements are enforceable in court.

Answer 83

Mitigation

Question 84

These are selected by the parties and are composed of individuals with construction knowledge, whose goal is to work to resolve disputes quickly, fairly, and professionally, in order not to delay construction.

Answer 84

Dispute Resolution Boards

Question 85

Describe the purpose of Project Closeout

Answer 85

Project closeout provides an orderly transfer of the completed project from the contractor to the owner

Question 86

Recognize the activities involved with project closeout

Answer 86

* A meeting is held to establish the procedural activities for closeout * Commissioning activities are underway or completed * Systems and equipment are started and set into operation * Demonstrations and training activities take place * Closeout submittals are provided to the architect/engineer for review and then delivered to the owner * Closeout submittals, A/E reviewed, Owner provided * AHJ finish inspections, Issue Certificate of Occupancy * Operations and maintenance data are compiled * Record documents are assembled * The contractor inspects the project and prepares a comprehensive list of items to be completed or corrected (initial punch list) * Contractor submits request for Substantial Completion * Architect inspects project to verify S.C. and punch list items completion * The architect/engineer prepares the Certificate of Substantial Completion *The correction period is established, and warranties are collected. * Final completion procedures are determined * The architect/engineer processes the final application for payment * The owner make final payment * Post construction services are established, and warranties are collected.

Question 87

Describe the purpose of a closeout meeting

Answer 87

A closeout meeting should be conducted prior to beginning closeout activities to review closeout procedures and activities.

Question 88

Recognize the typical topics covered at a project closeout meeting

Answer 88

* Organizational framework for the transition of the project from the contractor to the owner * Procedures for determination of substantial completion and final completion * Remaining activities on the construction schedule * Transition from the contractor to the owner concerning security, routine maintenance, utilities, damage to the work, insurance, and liability for the facility and it's adjacent grounds. * Procedures for commissioning activities, completion, and submittal of records. * Procedures for starting of systems and equipment * Requirements by AHJ * Establishing a schedule for preparing the punch list *Procedures for Record Documents *Procedures for submitting extended warranties *Procedures for demonstrations and training * Procedures for submitting operations and maintenance manuals * Requirements for the delivery of tools, spare parts, extra materials, and similar items *Procedures for removing temporary facilities, tools, equipment from the site * Procedures for final cleaning, touch up, and pest control * Procedure for changeover to permanent locks and delivery of keys.

Question 89

Who should attend a Closeout meeting?

Answer 89

Owner, Owner's advisors, Facilities Manager Architect, Engineer, A/E Consultants Sustainability Consultants, Commissioning Authority Contractor, Major Subcontractors

Question 90

List the types of Closeouts submittals.

Answer 90

1.) Operation and Maintenance Data 2.) Project Record Data 3.) Demonstration and Training 4.) Spare Parts, Extra stock materials and Tools

Question 91

A manual consisting of equipment instructions; materials and finishes information; component diagrams and parts lists; recommended cleaning, maintenance, and replacement schedule; service contracts; and warranty service information.

Answer 91

Operation and Maintenance Data

Question 92

Drawings and other documents, including the BIM model, that document the work so it can be utilized by the owner for facility management purposes and future projects.

Answer 92

Project Record Data

Question 93

Qualifications for instructors, performance records of attendees, and videos of instructions for owner’s use in instructing future staff.

Answer 93

Demonstration and Training

Question 94

Materials that assist the facility manager in maintaining and operating the facility during the first years of operation

Answer 94

Spare Parts, Extra stock materials and Tools

Question 95

The initial operation of permanent systems and equipment, such as the mechanical systems, electrical systems, and elevators

Answer 95

Start up

Question 96

when the project, or a portion of the project, is sufficiently complete to permit the owner to use it for its intended purpose

Answer 96

Substantial completion

Question 97

Describe the process to determine the date of substantial completion.

Answer 97

The date of substantial completion is established by the architect/engineer. When the contractor believes the work is substantially complete, the contractor prepares a list of incomplete work, known as a punch list, and notifies the architect/engineer and owner that the contractor believes the project is eligible for substantial completion. The architect/engineer will inspect the work and review the contractor’s punch list and may supplement the list. If the architect/engineer agrees that the project is eligible for substantial completion, the architect/engineer will prepare the certificate of substantial completion. If the architect/engineer does not agree that the project is eligible for substantial completion, the architect/engineer will notify the contractor and owner of the reasons for withholding the date of substantial completion.

Question 98

When the work is believed to be substantially complete, which of the following entities is responsible for preparing the punch list? a.) Architect/engineer b.) Owner c.) Contractor d.) Subcontractor e.) None of the above

Answer 98

c.) Contractor

Question 99

One-year correction Period

Answer 99

The one-year correction period is for correcting work that proves to be defective or deficient. It begins on the date of substantial completion

Question 100

Contractor’s warranty

Answer 100

The contractor’s warranty stipulates that the materials and equipment that are furnished will be new and of a particular quality that will perform as intended by the design.

Question 101

Differentiate between the one-year correction period and the contractor’s warranty

Answer 101

The difference between the two is the duration. The one-year correction period, as its name implies, contractually obligates the contractor to repair defects for a one-year period after completion of the project; whereas, the contractor’s warranty extends beyond the one-year period and is subject to individual state statutes of limitations. The owner’s remedy after the one-year correction period should the contractor not respond is to correct the problem and seek recovery of cost through legal means.

Question 102

Define Final Completion

Answer 102

Final completion occurs when the contractor has completed the contract requirements, the architect/engineer has inspected the project to determine it is indeed complete, the owner has made final payment to the contractor, and the contractor has accepted final payment.

Question 103

Describe the activities that culminate in Final Completion

Answer 103

* Contractor completes work on the punch list * Contractor removes any remaining tools, materials, equipment, trash, and temporary facilities * Contractor submits final completion closeout documents including final application for payment * Architect/engineer inspects project to verify that all punch list items are complete * Architect/engineer certifies final application for payment and forwards to owner * Owner makes final payment to contractor

Question 104

Which of the following is established by the architect/engineer’s verification of the completion of punch list items, the processing of the final application for payment, and owner’s payment? a.) Substantial completion b.) Project closeout c.) Final completion d.) Final inspection by AHJ

Answer 104

c.) Final completion

Question 105

True or False? The architect/engineer should have prepared the initial punch list.

Answer 105

False

Question 106

Which of the following best describes the situation had the freight elevator not been approved by the AHJ in time for the substantial completion inspection? a.) The architect/engineer would approve substantial completion since the contractor was trying to get the issue resolved b.) The architect/engineer would not approve substantial completion because if the elevator is not working properly then there may be other issues of which the architect/engineer is unaware c.) The architect/engineer would approve substantial completion on a conditional basis d.) The architect/engineer would not approve substantial completion since the owner would not be able to use the building for its intended purpose without the freight elevator

Answer 106

d.) The architect/engineer would not approve substantial completion since the owner would not be able to use the building for its intended purpose without the freight elevator

Question 107

In which division is the section “Starting and Adjusting” located? a.) Division 01—General Requirements b.) Division 11—Equipment c.) Division 23—Heating, Ventilating, and Air Conditioning d.) Division 46—Industry-Specific Manufacturing Equipment

Answer 107

a.) Division 01—General Requirements

Question 108

The first submittal prepared by the contractor is which of the following? a.) Project record documents b.) Operation and maintenance data c.) Demonstration and training d.) Spare parts, extra stock materials, and tools

Answer 108

b.) Operation and maintenance data

Question 109

Identify the closeout activities in which the facility manager is involved

Answer 109

The facility manager will be involved in the following closeout activities: * Closeout meeting as an attendee * Observing commissioning activities * Review and become familiar with closeout submittals * Start-up of systems * Review warranties

Question 110

When are the commissioning activities be conducted?

Answer 110

If commissioning is part of the project, commissioning activities will be conducted throughout the construction and will be completed during project closeout. If commissioning is not a part of the project, the owner may hire a commissioning authority to provide expertise during closeout. These activities include participating in the demonstration and training and the start-up of systems.