General Practice 14% Flashcards

1
Q

what are the codes that make up the practice act?

A
  1. Business and Professional code - Ch. 3 Div. 3
  2. Corporation Code
  3. California Code of Regulations - Title 16, Div. 2
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2
Q

Define an Architect as set forth in the Architects Practice Act.

A

An Architect is a person who is licensed by the California Architects Board to practice architecture in the State of California under the authority of the Architects Practice Act

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3
Q

How does the Practice act define the Architects Practice of Architecture

A

Offering or performing, or being in responsible control of profession services which require the skills of an architect in the planning of sites, and the design, in whole or in part, of buildings or groups of buildings and structures. this applies to all persons whether licensed or not, whether they are independent consultants, firm principals or employees.

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4
Q

What is the Purpose of the California Architects Board and what department is it a subdivision of?

A

Purpose - to regulate the practice of architecture to protect the health, safety and welfare of the public.

CAB is a division of the Department of Consumer Affairs

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5
Q

What is in “responsible control” as defined by the Architects Practice Act?

A

Responsible Control means the amount of control over the content of all architectural instruments of service.

Architects applying the professional standard of care.

Architects cannot stamp and sign documents not produced under their responsible control.

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6
Q

Can an architect demonstrate responsible control even if a project drawing set is produced outside of his/her office?

A

Yes, as long as the architect is in responsible control and reviews the drawings.

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7
Q

What are the consequences for practicing architecture without disclosing that you have a license?

A

Misdemeanor punishable by a fine of not less than $100 or more than $5,000 or by imprisonment in a county jail not exceeding 1 year, or both.

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8
Q

Must a licensed architect stamp and sign documents?

A

Yes. if you are preparing or in responsible control of instruments of service.

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9
Q

Does a licensed architect need to stamp and sign documents for structures that do not require a license architect to design

A

Yes. Once licensed, an architect needs to sign and stamp all documents (including residential) within their responsible control.

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10
Q

What five items are required to be on an Architects Stamp?

A
Name of Architect
License Number
Renewal Date (not expiration date)
State of California
Licensed Architect
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11
Q

Who has the responsibility of verifying a licensed individual has produced project plans and specifications?

A

the Authority Having Jurisdiction (AHJ)

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12
Q

What are three liability factors an architect is not responsible for once project documents are signed and stamped?

A
  1. Unauthorized changes to instruments of service
  2. Not legally required to Observe construction
  3. Supervision of Construction, site conditions or safety
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13
Q

How does the Architects Handbook of Professional Practice define Standard of Care?

A

The architect is required to do what a reasonably prudent architect would do in the same community and in the same time frame, given the same or similar facts or circumstances.

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14
Q

What information needs to be included in the AIA B102?

A
S - Services
C - Compensation
A - Address of Client/Architect
N - New Services (additional services)
T - Termination of Contract
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15
Q

When is an Owner/Architect contract not required?

A
  1. When a client will not pay for professional services (Pro Bono)
  2. Same Client with same or similar compensation from previous project
  3. If Client knowingly states in writing after full disclosure that a contract is not required.
  4. Professional services rendered to a registered engineer.
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16
Q

Which agency regulates the practice of architecture?

A

California Architects Board (CAB) by

  1. Examination
  2. Licensing
  3. Enforcement
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17
Q

What types of building plans can be prepared by an unlicensed person?

A
  1. Single family detached dwellings of wood framed construction no more than 2 stories in height including basement
  2. Multiple dwelling units, but not more than 4, wood framed construction, 2 stories in height including basement
  3. Garages or similar of wood frame construction, 2 stories in height including basement
  4. Wood framed agricultural buildings, unless deemed unsafe by the building official.
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18
Q

What are six violations that will get your license suspended or revoked.

A
  1. Violation of the Architects Practice Act
  2. Fraud in obtaining license.
  3. Impersonating an architect for financial gain
  4. Negligence or willful misconduct.
  5. Incompetency or recklessness
  6. Disciplinary action taken by another public agency
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19
Q

When does a license expire and what are the guidelines for renewal of an expired license?

A

License expire on the last day of the birth month of the licensed holder in each odd-numbered year, following the issuance or renewal of the license.
An expired license may be renewed anytime within five years after its expiration. If the license is not renewed within five years, then it cannot be renewed, restored or reissued. You will need to take the test again

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20
Q

Can architects form a limited liability company?

A

No. Architects render professional services and cannot legally forma limited liability company per the Corporations Code.

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21
Q

According to the California Code of Regulations, how must the term “architect” be used?

A

unless the business is owned by an architect, has an employee that is a architect in responsible control of the professional services provided, the term architect, architecture, or architectural cannot be used in the naming of the businesses

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22
Q

What stipulations are placed on a person who uses the term “architect” in their business name?

A

all professional services offered and provided by that person are to be offered and provided by or under the responsible control of an architect

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23
Q

Name three situations that would be considered a conflict of interest to an architect.

A
  1. Acceptance of compensation from more than one party on a particular project, unless the circumstances are fully disclosed and agreed upon by all parties
  2. Monetary compensation for specifying materials or products.
  3. Showing favor or partiality to any party involved in the project
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24
Q

What methods are available for Architects to limit their exposure to professional liability

A
  1. efficient collaboration and communication between project team
  2. Do not over extend your team that would require them to work faster or put in exuberant amount of overtime
  3. Carry the necessary types & amounts of insurance.
  4. Utilize a written contract
  5. Project milestone approvals for key decisions throughout the project.
  6. Provide Contract Administration Services
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25
Q

How can an Architect be protected from liability exposure when performing a building inspection at the site of an emergency as indicated in the Architects Practice Act.

A

Only within 30 days can an Architect perform VOLUNTARY building inspection at the request of the building official will not be held liable in negligence for any damage caused by good faith, unless by performing a negligent inspection

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26
Q

What five Insurance types should a firm carry?

A
  1. Professional Liability (erros & omissions)
  2. General Liability (Client trips and falls in your office)
  3. Worker’s Compensation (employee trips and falls while at work)
  4. Automobile
  5. Property
27
Q

Which types of insurances are required by the state of California?

A

Automobile Liability

Worker’s Compensation

28
Q

What Measures can be taken to cross check documents for quality assurance?

A
  1. meetings with entire project team including consultants and owner
  2. Use of checklist
  3. Owner approvals at end of each project phase
  4. Establish standard details
  5. Third party review (cold eye review)
  6. Procedures for coordinating with consultants
29
Q

Name five different firm structures

A
  1. Sole Proprietor (one person; no distinction between owner and business)
  2. Partnership
  3. S Corporation
  4. C Corporation
  5. Joint Venture
30
Q

Which firm structure is the most expensive? which is the least?

A

S & C Corporations are most expensive

Sole Proprietor is least expensive

31
Q

Name five areas of knowledge essential for a project manager

A
  1. ability to identify client expectations and preferred method of communication
  2. ability to get things done, take on challenges and accomplish objectives.
  3. ability to take charge and provide guidance and direction for project team.
  4. ability to manage client relationships.
  5. ability to carry out the project within the scope of services, schedule and budget.
32
Q

what process should be followed regarding allocation of personnel to project tasks?

A
  1. Establish the specific skills and level of effort needed for the project.
  2. identify people to work on the project.
  3. Balance the needs of the project with those of the firm and its other projects.
33
Q

Delegating tasks is an important function of a project manager. how can this be accomplished?

A
  1. identify team member most capable of doing the task.
  2. give that person the responsibility and authority he/she needs.
  3. establish the level of performance required.
  4. define the completed activity or results.
  5. define the suitable completion date.
  6. agree on the level of effort and time required.
  7. check progress.
34
Q

Describe the three stages of project operations in relation to coordinating staff, tasks, communication and schedules.

A
  1. startup - team briefing, project authorization, establish project files, identify key project information (program, site, codes, schedule, etc.
  2. communication - meetings, contact info & date on all correspondence, take notes, use transmittals & fax cover letters, document key decisions.
  3. closeout - collect project info, finalize billing, archive project files.
35
Q

What are six characteristics of effective team building?

A
  1. small enough to convene and communicate easily and frequently
  2. foster discussions that are interactive and open to all members.
  3. mutual understanding of members roles & skills
  4. specific set of team goals are in place.
  5. members have a sense of mutual accountability
  6. ability to measure progress against specific goals
36
Q

What documents are contained within a business plan?

A
  1. Mission statement - purpose of the company
  2. Strategic plan - achieve goals of the company
  3. Marketing strategy - how to communicate plans & strategies
  4. Cash flow projections - monthly, annually, 5 year
  5. Overhead expenses - fixed, office rent, salaries
  6. Profit plan - monthly, annually, 5 year
37
Q

What programs do some firms offer regarding employee training and professional development.

A
  1. Intern Development Program
  2. AIA continuing education program
  3. Mentoring within the firm
  4. In house programs
  5. Outside seminars
  6. lunch & learns
  7. office site visits
38
Q

What financial management principles are important to project management?

A
  1. Utilize computer software - Ajera
  2. Accounts payable and receivable
  3. Monthly financial statement.
  4. Profit and loss - monthly/annually
  5. Payroll information by employee
  6. Reimbursable expenses tracking
  7. Architectural services tracking
  8. Complete data from past projects to use for future projects
39
Q

Who are the five primary members of a typical project team?

A
  1. Project Manager
  2. Job Captain
  3. Design professional
  4. Interior designer
  5. Specifications writer
40
Q

What is the primary role of the project manager?

A

Communicate with project team
Communicate with Client
responsible for progress of work, schedules, design and budget issues.

41
Q

You are designing a performing arts center on a sloping site. What four consultants should be brought on board for this project type?

A
  1. Acoustical Engineer
  2. Structural Engineer
  3. Geotechnical Engineer
  4. Site Surveyor
42
Q

An owner has a site with a historical building and gardens located adjacent to the property. Name three consultants who may be needed to evaluate this project.

A
  1. Historic Preservation Consultant - to evaluate any requirements of the California Historic Building Code.
  2. Landscape Designer - to determine which landscape would best complement the existing historical garden.
  3. Bioligist - to determine if the proposed project would adversely affect the existing gardens and wildlife on site.
43
Q

What factors should be considered when selecting consultants?

A
  1. Complimentary skills
  2. Experience in project type
  3. Prior relationships
  4. References
  5. Client preference
  6. Ability to meet schedule/deadlines
44
Q

According to AIA 201, name three services, other than architectural services, that are part of the scope of Architects Basic Services.

A

Structural, Mechanical, Electrical engineering services are part of the scope of the Architect’s Basic Services

45
Q

What responsibilities does a consultant have in relationship with the Architect? how is their relationship defined?

A

AIA C401 - the Consultant shall assume toward the Architect all obligations and responsibilities that the Architect assumes toward the Owner.

The Consultant is defined as an independent contractor to the Architect.

46
Q

If an Architect hires a team of consultants, does the Architect maintain sole professional credit for the project? How are marketing and promotion expenses paid for?

A

No. the design team agrees to share professional credit for the project. as well as share cost and expenses incurred in marketing, promotion and display of the project.

47
Q

What are typical responsibilities assumed by the consultant on a project?

A
  1. Consultant to uphold Standard of Care
  2. Recommend to the Architect investigations, survey, test, and reports required for the project.
  3. Coordinate services with Architect
  4. Provide copies of drawings, reports, specs to the Architect & other consultants
  5. Submit a schedule for performance of services for Architects approval
48
Q

What is a consultant NOT responsible for?

A

NOT responsible for acts or omissions of the Architect or others.

The consultant shall provide prompt written notice to the Architect if the consultant becomes aware of any errors, omissions or inconsistencies in the services or information provided to the Architect or other consultants.

49
Q

Name four types of insurance required for the Consultant to maintain, according to the Architect/Consultant Agreement

A
  1. General liability
  2. Automobile liability
  3. Worker’s Compensation
  4. Professional liability
50
Q

Describe the Scope of the Consultant’s Services.

A
  1. Provide the Architect with the same professional services as the Architect provides to the owner
  2. License required in the jurisdiction where the project is located
  3. upon request, furnish interpretations of the contract documents prepared by the consultant
  4. Render written recommendations on claims and disputes between Owner and Contractor.
  5. Assist Architect in rejecting non-conforming work.
51
Q

Name four responsibilities of the Architect in regards to the consultant.

A
  1. provide information in a timely manner
  2. Designate an authorized representative to act on the Architects behalf
  3. Confer with consultant before issuing interpretations or clarifications of documents prepared by consultant
  4. Advise Consultant of the identity of other consulting participants
52
Q

What documents must the Architect provide to the consultants?

A
  1. Detailed layouts showing location of connections
  2. Tabulations of sizes, loads, etc. on equipment designed or furnished by others
  3. Estimates of Cost of Work submitted to Owner
  4. Contract documents, change orders, bidding docs, negotiated proposals
  5. Information from surveys, test, and reports of other consultants if requested by consultants
53
Q

What does AIA C401 require regarding accuracy of services performed by the Consultant?

A

Architect is entitled to rely on the accuracy and completeness of services and information furnished by the consultant. The Architect shall provide written notice to the Consultant if the Architect becomes aware of any errors, omissions, or inconsistencies in such services or information.

54
Q

What is the Consultant’s responsibility towards cost of work estimations?

A

The consultant shall prepare and submit to the Architect an estimate of the cost of the work for the portion of the project the consultant has responsibility for. The consultant shall update their estimates as required by the Prime agreement between Architect and Owner

55
Q

What must a consultant do if the estimate for the cost of the work exceeds the owners budget?

A

the consultant shall make appropriate recommendations to the Architect to adjust the project size, quality or budget related to the consultants portion. coordinate with architects and other consultants to adjust the budget

56
Q

Does a consultant maintain copyrights and licenses over their portions of the work?

A

Yes. just the architects instrument of services is granted to the owner. Changes to each others instruments of service cannot be made without written permission of the other party.

57
Q

What does AIA B102 define?

A

AIA B102 is the standard agreement between the owner and architect without a predefined scope of architects services. also includes provisions for mediation and arbitration of claims and disputes.

58
Q

Which document provides the Architects scope of services?

A

AIA B201 - Standard form of architects services: design and construction contract. Five traditional services: SD/DD/CD/BN/CA

59
Q

Is AIA B201 a standalone document?

A

No. it must be incorporated into an owner/architect agreement, such as AIA B102

60
Q

Who is the initial decision maker and what do they do?

A

the initial decision maker is the person identified to render initial decisions on claims and, unless the owner and contractor chooses otherwise, is filled by the architect. The architect shall endeavor to fairly and impartially try to resolve a dispute.

61
Q

What is the next step if the initial decision maker is unable to settle a conflict between owner and contractor?

A

formal process of mediation administered by the American arbitration association

62
Q

What site conditions would a civil engineer be concerned with?

A

site conditions of exact building placement, such as topography, infrastructure, retaining walls would be items the civil is concerned with and would help the architect to navigate as far as the best design and placement of the building

63
Q

What form of communication should an architect engage in with the owner in order to maintain project momentum?

A

record meeting minutes and to follow up with phone conversations, emails to verify information discussed.

64
Q

Why is it important for the members of the design team to review documents after a third party peer review?

A

a third party reviewer will be able to identify technical issues that may have been missed during document development, but the third party reviewer will not pick up on program errors so its important that the project team also cross checks the documents