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585 ProPrac > General Conditions > Flashcards

General Conditions Flashcards

1
Q

Article 15

A

Claims and Disputes
Must follow the guidelines stipulated in the contract and the conditions

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2
Q

Article 14

A

Termination or Suspension of the Contract

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3
Q

Article 13

A

Miscellaneous Provisions

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4
Q

Article 12

A

Uncovering and Correction of Work
Testing Cost by owner unless con-conforming (then contractor)

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5
Q

Article 11

A

Insurance and Bonds

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6
Q

Article 10

A

Protection of Persons and Property (Contractor Job Site Safety)
Responsibility of the contractor during construction–means and methods

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7
Q

Article 9

A

Payments and Completion

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8
Q

Article 8

A

Time

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9
Q

Article 7

A

Changes in the Work

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10
Q

Article 6

A

Construction by Owner or by Separate Contractor

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11
Q

Article 5

A

Subcontractors

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12
Q

Article 4

A

Architect

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13
Q

Article 3

A

Contractor

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14
Q

Article 2

A

Owner

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15
Q

Article 1

A

General Provisions

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16
Q

Substantial completion

A

The stage where owner can occupy and utilize the Work for its intended use

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17
Q

Article 2.3: Services required by Owner

A

Surveys
Geotechnical
Environmental
Permits
Approvals

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18
Q

Article 2.4: Owner’s right to stop work

A

Owner and contractors are the Legal Contractual parties

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19
Q

Article 2.5: Owner’s right to carry out work

A

10 day notice vs Previous 7 day notice

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20
Q

Article 3.2 Review of contract documents

A

Contractor responsible to review requirements

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21
Q

Article 3.2.2 Contract Documents Hierarchy

A

All documents are complimentary with no implied hierarch

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22
Q

Article 3.3: Supervision and construction

A

Means and methods–Contractor’s sole responsibility

23
Q

Article 3.5: Warranty

A

Are as valuable as the paper they are printed on

24
Q

Article 3.7.4 Concealed or Unknown Conditions

A

Contractor to provide prompt notice to Owner and Architect

25
Q

Article 3.8: Allowances

A

Make sure that the contractor has them in their contract

26
Q

Article 3.9: Superintendent

A

Competent, reliable, and at the site when work is being done

27
Q

Article 3.10: Construction and Submittal Schedules

A

Architect - milestones
Contractor - Details

28
Q

Article 3.12 Shop drawings, data, samples

A

Contract + subcontractor responsibility

29
Q

Article 3.15 Cleaning up

A

Contractor’s responsibility
Owner may clean and entitled for reimbursement

30
Q

Article 3.18: Indemnification

A

To hold harmless and not liable

31
Q

Article 4.2.2 Architecture Site visitation

A

Rule of Thumb: every 2 weeks
Write it in contract

32
Q

Article 4.2.6 Authority to REJECT WORK

A

Architect Responsibility
Must be done in good faith and with cause

33
Q

Article 4.2.12 Interpretations and Decisions

A

Architect to provide again in good faith

34
Q

Article 6.1 Owner’s right to construct

A

Owner’s right to hire multiple contractors
All have to get along

35
Q

Article 6.3 Owner’s Right to Clean up

A

Owner may clean up and allocate cost

36
Q

Article 7.2 Change Orders

A

Changes the legal requirements of the O/C agreement for work scape/time/$

37
Q

Article 9.5 Decisions to Withhold Certification

A

Reviewing progress of work as related to payments is a CA responsibility

38
Q

Article 9.8.1 Substantial Completion

A

CM, Architect, and Owner Determine
Punchlists, warranties, retainage

39
Q

Article 11.1 Performance and Payment Bonds

A

Performance is admin of contract and payment is Labor + Materials

40
Q

Article 12.3 Acceptance of non-conforming

A

Owner has the right to accept non-conforming work
Seek indemnification

41
Q

Article 13.4 Tests and inspection

A

Testing cost by owner, unless non-conforming

42
Q

Article 15.1.5 Claims for Additional Cost

A

Document circumstances and provide notice before proceeding

43
Q

Article 15.1.6 Claims for Additional Time

A

Document circumstances and provide costs of any

44
Q

Article 15.1.7 Consequential Damage

A

By default waived
Damages created as an effect/result of some direct action

45
Q

Article 15.3 Mediation

A

Typically our default resolution method
Not legally binding
More costly than negotiation
Use professional mediator
All parties agree to abide by mediator’s ruling
NO lawyers
80% resolution success

46
Q

Article 15.4 Arbitration

A

Binding dispute resolution method

47
Q

Professional Liability Insurance

A

NOT errors and Omissions insurance
Covers HARM CAUSED FROM NEGLECT
Does NOT cover increased liability taken on by professional through contract language (warranties/guarantees)

48
Q

How to limit liability

A

Do a good job (standard of care)
Limit liability coverage to total fees on job
Building types and experience (condo types have highest rate of claims)

49
Q

Dispute avoidance

A

Communication: Fairness
Admit mistakes
Look at issues from other parties’ vantage points

50
Q

4 strategies to claim

A

Negotiation
Mediation
Arbitration
Litigation

51
Q

Negotiation

A

Least expensive
Not legally binding
Trust by O+C is key

52
Q

Arbitration

A

More costly than mediation
Legally binding
Use professional arbitrator/panel
Parties bound by ruling
Lawyers
No method for appeal

53
Q

Litigation

A

$$$$
Use bench/jury
Lawyers
Legally binding
Finding facts, subpoenas, depositions
Appeals can last forever

585 ProPrac (5 decks)

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