Exam 4 -2 Flashcards
(61 cards)
IN CCDC-2 WHICH DOCUMENT GOVERNS IN THE CASE
OF A DISCREPANCY:
A. DRAWINGS OR SPECIFICATIONS
B. LARGER DRAWINGS OR SMALLER DRAWINGS
a. Specifications
b. Larger drawings
(CHOP 2.3.8. pg. 7)
WHAT ITEMS SHOULD BE INCLUDED IN
THE PROJECT MANUAL at Tender
- bidding requirements
- contract forms
- contract conditions
- specifications
WHAT IS THE ROLE OF THE ARCHITECT AND THE CLIENT DURING THE BID ANALYSIS PHASE?
The architect is responsible for reviewing and analyzing the bid and reporting this to the client. The client selects the successful bidder.
DESCRIBE THE RESPONSIBILITIES OF THE CLIENT DURING THE CONTRACT ADMINISTRATION PHASE
Providing financing information if required.
- Making payments to the contractor.
- Authorizing changes in the work.
- Providing prompt decisions and directions.
WHAT IS THE FUNCTION OF A CERTIFICATE OF SUBSTANTIAL PERFORMANCE?
a Certificate of Substantial Performance sets a date which triggers the beginning of the warranty period (as outlined in CCDC-2) and the release of holdback monies (lien funds) which have been established to provide some financial protection to sub-contractors.
- definition: “a certificate issued under the appropriate lien legislation attesting that the contract between the owner and the contractor is substantially complete”
According to the Schedule of Client
Responsibilities for Document Six, how is
the client to communicate information or
instructions to the contractor during the
construction phase?
Document Six, Schedule of Client
Responsibilities, Phase 5.2
The client is to issue all instructions to the
contractor via the architect.
As a rule of thumb, what is the cost to an
architect for coordinating engineering
consultants?
CHOP 2.1.10 - The Architect’s Fee
25% - 35% of the engineering consultant’s fee.
In provincial or territorial fee guidelines, percentage fees usually include the fees of structural, mechanical, and electrical engineers - the three common engineering disciplines.
For example, the AIBC Tarrif
of Fees uses percentages that factor in the three basic engineering fees plus the architect’s fee for coordinating their work.
Assuming the construction contract
between client and contractor include
provisions for dispute resolution by
arbitration, what is the client obligated to
do under one of the general conditions of
Document Six if a dispute arises?
The client must notify the architect in writing 10
working days in advance of any arbitration and of any matters in dispute and the extent to which they affect the architect and, if the client has a claim against the architect that arises from the dispute, bring that claim against the architect at the time of the
arbitration.
Besides hiring a contractor to perform the
work, what is the purpose of the bidding
process?
Based on the “Lowest Bid Method”, the
bidding process replaces negotiation
between owner and contractor (CCDC 23)
Define the term holdback and how it
relates to lien legislation. How is the
holdback amount determined? What is the
minimum size of project that a holdback
can be used?
BC Builders Lien Act
A holdback is a percentage of the monetary amount payable under a (construction) contract, which is held as security for a certain period of time in a separate savings account. The percentage and period of time are based on
the provincial lien legislation (CHOP 2.3.10, Definitions)
The holdback amount is determined by the provincial or territorial lien legislation, typically 10% of the greater of the value of the work or material provided, or 10% of any payment made on account (BC Lien Act, Holdback,
4.1)
The minimum size is also determined by the provincial or territorial lien legislation. In BC it is $100,000 (BC Lien Act, Holdback Account, 5.8b)
Describe the process to issuing a Change
Order.
The change order process is usually started by the issuance of a form known as a Proposed Change (or “Contemplated Change”).
The purpose of this form is to alert the contractor to the proposed change and to provide the contractor an opportunity to submit a quotation for additional cost (or credit) or a change in time (if any) for the proposed change. The Change Order is the final form which
indicates the agreement between the client/owner and the contractor on specific additions, deletions or revisions to the
contract documents.
Explain ‘progressive release of holdback.’
BC Builders Lien Act & Builders Lien Guide
Progressive release of holdback is possible if there is a multiple holdback system in place throughout the construction chain. This system allows for all persons who make payments under a contract or subcontract in a
construction chain to retain a 10% holdback. Some former Lien Acts only required a single holdback between the owner and its general contractor. A progressive release of holdback allows for the release of holdbacks
retained to sub-contractors when their contracts are completed before the construction project itself is complete. This benefits subcontractors
who are involved earlier on in the project, as well as benefiting the owner, as it will reduce the body of potential lien claimants as the
construction project progresses.
Explain the difference between
commissioning and take-over.
CHOP 2.3.12, Introduction - Commissioning
Commissioning is a separate and distinct service from take-over which may commence at the beginning of a project and may
continue until occupancy by the owner. Commissioning is an additional service often provided by an independent third party - a
commissioning agent.
Take-over, by contrast, starts when a project nears construction completion. The first step in the take-over process is certification of
substantial performance of the work.
How long should an architect retain
project files?
CHOP 2.1.5, Filing and Retrieval Systems - Retaining Files Records should be maintained well beyond completion of the
project. Good records help to prepare a good defence against legal action. At a minimum, all project record should be retained until
after expiry of the limitation period for pursuing a claim for professional negligence. In BC the limitation period is 2 years for
damage or injury to property or person (see CH-30 in 2.1.9)
How many field reviews is an architect
required to do?
CHOP 2.3.11, p. 4
There is no minimum or maximum legal
requirement. The architect should
schedule site visits at intervals appropriate
to the construction. The frequency and
timing is left to the judgement of the
architect.
How much liability insurance is an
architect in Canada required to have?
AIBC Bulletin 66, AIBC Bylaw 16.3 & Architect’s Act
Depends on the province; in BC Architects are not required to have any liability insurance according to AIBC Bylaw 16.2d but Bulletin
66 requires that (before entering into an agreement to provide architectural services) a Certificate of Practice holder must notify
the client in writing whether or not professional liability insurance is held and under what terms.
Section 24.2h in the Architect’s Act states that an institute’s bylaws may or may not include requirements for liability insurance; in BC,
there is no requirement.
If a client engages a consultant directly,
such as a geotechnical engineer or a land
surveyor, what should the architect do to
minimize their liability?
Guide to Document Six, A18, Example 2
The architect should obtain from the client
proof of professional liability insurance
from all consultants that the client
engages directly .
If a project results in construction, the
contract between arhcitect and client
(Document 6) can be terminated in what 4
ways?
RAIC Document 6, GC8.7
1. Letter of termination from the client.
2. The contract can be terminated 7 days
after the abandonment of the project.
3. 1 year passes from the date of certification
of substantial performance of the work.
4. 1 year from the date of total completion
If a sub-consultant (engineer) is hired by
the architect instead of by the client, does
this make the architect liable for that
consultant’s work?
Document Six, GC 7.5
No. The client agrees that the architect
shall not be liable to the client, in contract
or in tort, for the acts, omissions or errors
of such consultants whether retained by
the architect or the client.
If an architect hires an independent
contractor (another architectural firm,
etc.) to prepare documents (drawings,
reports, etc.) and Document Nine is the
contract used between the two parties,
who owns the copyright on those
materials?
Guide to Document Six, GC 5
The architect owns copyright. Document Nine
binds the consultant (independent contractor) to all the terms and conditions of the lead contract (Document 6), including the statement that the work performed on the architect’s behalf is owned by the architect.
If owner and contractor agree that
hazardous materials on site were not
brought on to the place of work by the
contractor, what measures should be
taken?
Contract Price and Contract Time shall be
increased an appropriate amount. (CCDC
2, GC 9.2.7.)
If the client lacks the financial ability or
authority to proceed, how much notice
must be given to suspend the architect’s
services?
The client must give seven (7) days written
notice to the architect that the client elects
to suspend the architect’s services. (RAIC
Document 6, GC8)
In the Construction Procurement phase, which of the following services
are considered basic, which are additional?
1. Pre-Qualification of Bidders;
2. assist and advise the client in obtaining bids or negotiated
5. analyze bids or negotiated proposals;
6. assist and advise in awarding and preparing contracts for
construction;
7. review and obtain client approval before proceeding to next phase;
8. Preparation of Construction Contract(s)
RAIC Document 6, Schedule of Architect’s
Services
Basic services: 2, 5-8
Additional services: 1,3,8
In the Construction/Contract Administration phase, which of the following services are considered basic,
which are additional?
1. forward all instructions from the client to the contractor;
2. carry out and coordinate as applicable the General Review / Field Review of the Work;
3. keep the client informed of the progress and quality of the Work, and report to the client defects and deficiencies in the Work;
4. Full time on-site Project Representation;
5. require special inspection or testing of work, whether or not such work has been fabricated, installed or completed;
6. Review of contractor’s As-built Drawings;
7. prepare change orders and change directives for the client’s approval;
8. furnish supplemental instructions to the contractor;
9. receive from the contractor and forward to the client for the client’s review the written warranties and related documents;
10. prior to the end of the period of one year following the date of Substantial Performance of the Work, review any defects or deficiencies which have been observed and reported during that period;
11. issue certificates for payment;
12. issue a certificate of final payment;
RAIC Document 6, Schedule of Architect’s
Services
Basic services: 1-3, 5, 7-12
Additional services: 4,6
