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CSE jim > General Practice > Flashcards

General Practice Flashcards

1
Q

What is APA?

two codes that make up the APA?

A

Architecture Practice Act

  1. CCR
  2. Business and Professions Code
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2
Q

What is considered “practicing architecture” per the APA?

What are the profession tasks included in this? 5

What does it not mention?

A

-offering, preforming, or being in responsible control of professional tasks that require and architects skill.

  1. contracts
  2. pre-design
  3. SD, DD, CD, plan check, biding, CO
  4. coordination
  5. specs

APA does not mention “stamping or signing” as practicing architecture…dont get fooled by this one,

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3
Q

What is the highest “paramount” priority of CAB?

A

protection of public

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4
Q

mandate of CAB?

A

protect public by regulating practice of architecture and creating min standards

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5
Q

What division is CAB under

A

Department of Consumer Affairs

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6
Q

what does the corporate code define as a “person”

A

individual, firm, corporation, etc

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7
Q

is responsible control required for design work

A

yes

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8
Q

can drawings be produced outside of an architects office?

A

yes…as long as he maintains responsible control

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9
Q

what is corporation responsible control

A

this is how non-licenced ppl can practice architecture while being under the responsible control of a licences architect.

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10
Q

practice or rep without licence penalty

A

$100-$5000 fee and/or up to 1 year in county jail

misdemeanor

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11
Q

does arch need to stamp drawings for types of bld that do not require an architect?

A

yes..once licensed you have to stamp everything you do

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12
Q

things req’d on a Stamp

A
  1. Name
  2. #
  3. Renewal date
  4. State of CA
  5. Licensed Architect
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13
Q

does stamping plans mean you are legaly required to do CO

A

NO

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14
Q

What does the APA say is meant when an architect uses the word certify or certification?

A

professional opinion

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15
Q

liability of doing voluntary inspection of emergency site?

A

not liable for negligence if doing voluntary as request of local official and within 30 days of emergency.

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16
Q

Required on a written contract?

When is contract not required

A 
S- scope
C- compensation
A- address, names, licence number
N- new work
T- termination
  1. client will not pay
  2. sim project for same client
  3. written notification from owner after full disclosure
  4. services for prof engineer
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17
Q

things a candidate must demonstrate? 1

qualifications of applicant?

A
  1. barrier free design (interior/exterior)
  2. no crimes
  3. 8 years of training/education.
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18
Q

bld types that do not require licance

A

house/garage/4plex: 2 stores + basement

Barns (up to side OK with AHJ)

all wood framed

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19
Q

things that could get license revoked? 6

When does a licence expire?

How long can a license stay expired before it can not be renewed, stored, or reissued?

A
  1. crime
  2. Violation of APA (mis rep arch)
  3. Negligence or willful misconduct
  4. incompetency or recklessness
  5. disciplinary action from another public agency
  6. Failure to report settlements over 5K

last day of birth month on odd years.

5 years

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20
Q

Firm naming issues

Restrictions on names?

Requirements for forms with any version of the word architect in the title?

A
  1. arch coorporations must have current or previous or associated persons name in the name
  2. must have works Architecture, Architects, or Architectural.
  3. must indicate coorp. status.

-once your name has any version of architect in it ALL services you offer must be under the control of a licensed architect..even things that would not otherwise req a licence.

21
Q

professional conduct. 6

A
  1. conflict of interest (these are my conflicts)
  2. full disclosure (this is what I can do and not do)
  3. Competence (actually be able to do it)
  4. informed consent (this is what I am going to do)
  5. copy right infringement (no copying others)
  6. willful misconduct (not gonna break rules on purpose)
  7. Competence
  8. Willful misconduct
  9. conflict of interest
  10. full disclosure
  11. copyright infringement
  12. informed consent
22
Q

examples of willful misconduct? 2

A
  1. intentionally not following code or finding out what a code means
  2. not replying to a CAB investigation within 30 days
23
Q

How long do you have to respond of info request from board when they are doing an investigation

A

30 days…otherwise it is willful misconduct

24
Q

examples of conflict of interest -non obvious? 3

A
  1. dont get payed for services on a project by more than one party unless disclosed and written agreement
  2. Arch can do work on something that they would later be subject to the review/enforment of the architect…like a gov. official being the plan checker and the arch at the same time
  3. unbiased CO
25
Q

examples of full disclosure? 2

A
  1. accurately disclose abilities

2. Respond to CAB within 30 days with request for info regarding candidates.

26
Q

example of informed consent?

A

make sure the client understand what you are changing on thier project scope…cant just do an do it.

27
Q

Ways to limit liability? 6

A
  1. Organization/ Comm
  2. Select projects carefully
  3. written contract
  4. doc key decisions
  5. Do CO
  6. Carry insurance
28
Q

Types of insurance? 5

Which ones are required buy the state?

Which AIA contract requires insurance and which insurances?

Which insurance(s) are not required anywhere (that I can find) but are a good idea?

A
  1. Professional Liability (Error and Ommitions)
  2. General Liability
  3. workers comp
  4. automobile insurance
  5. property insurance

State requires:

  1. Auto (if you drive)
  2. worker comp if you have employees (even part time)

AIA B102

  1. Professional Liability (Error and Omissions)
  2. General Liability
  3. workers comp
  4. automobile insurance

-property insurance is a good idea.

29
Q

Who does general liability insurance protect against and what does it cover?

What does general liability not protect? 4

A

3rd parties…not your firm or employees. personal damage, property damage, advertising damage.

  1. Damage to your own business propertyporperty (that property insurance
  2. employee injury claims (thats workers comp)
  3. Auto accidents caused by you or your employees while driving for work..(thats auto insurance)
  4. Illegal or malicious acts done on purpose
30
Q

which insurance?

One of your engineers is providing a consultation at a client’s estate when he accidentally knocks over a valuable heirloom on display in the main hall.

A

General Liability

31
Q

which insurance?

Your interior decorating firm is rearranging furniture at your client’s office and end up making deep scratches to the flooring of the office.

A

General Liability

32
Q

which insurance?

A client who is visiting your engineering firm for a meeting trips over a misplaced storage box and suffers a concussion.

A

General Liability

33
Q

which insurance?

Your design build firm has been hired to build an office building. A small child wanders into the unsecured construction site and gets injured when a wooden beam falls on him. His parents sue for $1 million

A

General Liability

34
Q

which insurance?

One of your architects makes a mistake on a blueprint that causes a steel beam to collapse at a building site, injuring your client.

A

General Liability…because of injury (probably prof liability also because or error in blueprints)

Prof Liability because of financial lose

35
Q

which insurance?

Your business designs and builds tiny houses for people who do not want to purchase a larger homes. Some of your customers complain of experiencing eye and throat irritation and breaking out in rashes after moving into the tiny homes. It is discovered that these symptoms are due to elevated levels of formaldehyde in the homes, which your company is liable fo

A

General Liability…because of injury

prof liability because of financial lose (if clients sue for lost money due the issue like they could not sell the houses etc)

36
Q

What 3 things does general liability protect against and who does it apply to?

A
  1. personal bodily damage
  2. property damage
  3. advertisement damage

3rd party only

37
Q

What 3 things does professional liability insurance not cover and why?

What other 2 things doe prof liability not cover?

A
  1. personal bodily damage
  2. property damage
  3. advertisement damage
  4. criminal stuff
  5. intentional errors
38
Q

which insurance?

If you use someone else’s work in your advertisement without their permission, you can get sued. You can also get sued if your business ads defame someone else or another business.

A

General Liability…because of advertisement injury

39
Q

which insurance?

Your competitor can claim that something you said in an advertisement or interview negatively impacted their business

A

General Liability…because of advertisement injury

40
Q

What is meant by a general liability policy that has $mil per occurrence and $2mil per year limit?

A

You purchase General Liability Insurance for your large engineering firm that has a $1 million per occurrence limit and $2 million per year limit. Your firm is sued for three bodily injury cases on your business property in one year. Each of the settlements ends up being $1 million, which is within the occurrence limit, but your insurance company will only pay out $2 million because of the per year limit. You must pay the additional $1 million settlement out of pocket.

41
Q

Major difference between general liability insurance and professional liability coverage ?

When does this get messy?

A

Prof: financial damage (usually)
gen: physical damage to person or property (slips/falls non emoployee in office, repair damage to build due to bad design)

messy: advertising damage…and loss of reputation or money typically falls under gen liability

Errors and omissions in rendering of professional services may involve bodily injury or property damage, but these are often the subject of general and excess liability insurance rather than professional liability coverage.

Damages other than bodily injury and property damages associated with professional errors and omissions may be economic in nature and may include the cost of redesigning portions of a project that fail to meet professional standards and delay in completion of the structure (and associated loss of anticipated rental or sales income). These economic damages are the most common losses that give rise to professional liability claims against architects and engineers working on construction projects.

42
Q

difference between “claims made” insurance and “per occurrence” ?

A

Claims made:

  1. claims occur and are reported DURING coverage period
  2. total coverage amount does not renew each year. you have to buy new policy if you used up too much of your total limit
  3. cheaper than occurrence based

per occurrence:

  1. claims made at ANY TIME for losses that happend during the active insurance perior.
  2. coverage amount renews each year

general liability is usually per occurrence?
prof liability is usually claims made?

43
Q

Which insurance?

Arch design does not comply with building code and must be fixed?

A

Prof liability insurance can be used to PAY for the fix

44
Q

Which insurance?

Arch is late on deadlines which result in owner losing money

A

Prof liability insurance

45
Q

process to evaluate firms capabilites?

What does this include? 2.5/3

Questions you should ask yourself during internal analysis?

A

Internal Analysis

  1. Resources
  2. Capabilities
  3. Core Competencies (combo of the two above that make you diff than others)
    - Strengths and weaknesses
46
Q

resources a firm can use for project deliver? 5

A
  1. Human
  2. Financial
  3. reputation
  4. Physical (office, equipment, etc)
  5. organizational
47
Q

Parts of a business plan? 3

A
  1. mission statement
  2. plan and strategy
  3. cash/overhead profit
  4. mission statement
  5. Strategic Plan
  6. Marketing Strategy
  7. Cash flow projections
  8. Overhead expenses
  9. Profit Plan (montly, 1 yr, 5yr)
48
Q

can architects in CA form LLC?

how much does it cost per year in CA to maintain a Corp?

A

no…we can do a LLP however

$800 plus more expensive tax filing help,

49
Q

PM duties? 3

JC duties? 3

Draftsman duties? 2

Interior designer duties? 2

spec writer? 2

A

PM:

  1. coord team
  2. client interaction
  3. produce complete set of instruments

JC:

  1. coord working drawings
  2. supervise drafters
  3. report to PM

Draftsman:

  1. pickup redlines
  2. report to JC

Interior Designer:

  1. select materials
  2. check on availability of materials

spec writer:

  1. comiling specs
  2. get spec info from mfg

CSE jim (34 decks)

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