Keanu's Eye Yeah Eye Basic Review Flashcards
A201 covers what information?
General conditions of the contract for construction.
According to section 1.1.1 what are acceptable modifications to the contract issued after execution?
- A written amendment to the contract signed by both parties
- A change order
- A construction change directive
- A written order for a minor change in the Work issued by the architect.
What items do the contract documents not include?
Unless specifically enumerated in the Agreement, the Contract Documents do not include the advertisement or invitation to bid, Instructions to bidders, sample forms, other information furnished by the owner in anticipation of receiving bids or proposals, the contractor’s bid or proposal, or portions of addenda relating to bidding or proposal requirements.
(Updated for 2017)
The contract documents do not create a contractural relationship of any kind between what parties?
- The contractor and the architect or the architects consultants
- The owner and subcontractor or sub-subcontractor
- The owner and the architect or the architect’s consultants
- Between any persons or entities other than the owner and the contractor
What does the contract entitle the architect to under section 1.1.2
Performance and enforcement of obligations intended to facilitate the performance of the architects duties.
What does the term work mean under section 1.1.3?
The construction and services required by the contract documents whether completed or partially completed and includes all, labor, equipment, and services provided or to be provided by the contractor to fulfill the contractors obligations.
What is the project as outlined in section 1.1.4?
The project is the total construction of which the work performed under the contract documents may be the whole or a part and which may include work by the owner or separate contractors
What do the drawings show according to section 1.1.5?
Design, dimensions, and location of the work and generally include plans, elevations, sections, details, schedules, and diagrams.
What are the specifications according to section 1.1.6?
Written requirements for materials, equipment, systems, standards, and workmanship for the work and performance of related services.
What are the instruments of service outlined in section 1.1.7?
Representations in any medium of expression now know or later developed, of the tangible and intangible creative work performed by the architect and the architects consultants under their respective professional services agreements and may include without
Who is the initial decision maker?
The Initial Decision Maker is the person identified in the agreement to render initial decisions on Claims.
Are the contract documents considered complimentary?
Yes, what is required by one shall be as binding if it were required by all.
Is the contractor subcontractor, sub-subcontractor material or equipment supplier able to reproduce the instruments of service?
Yes, but solely and exclusively for the execution of the work. The instruments of service may not be used on other projects or for additions to this project outside the projects scope without written consent of the owner, architect, and architects consult
The term owner means the owner or?
The owner’s representative.
The owner has how many days after receipt of a written request for information necessary to enforce a mechanic’s lean on the property to provide this information?
15 days. The information shall include a correct statement of the record legal title to the property on which the project is located as well as the owner’s interest therein.
Prior to commencement of work the contractor may request in writing legal evidence that the owner has made financial arrangements necessary to fulfill the owner’s obligations under the contract. After commencement of work what circumstances must apply bef
1) The owner has failed to make payments to the contractor as the contract documents require.|2) A change in the work materially changes the contract sum.|3) The contractor identifies in writing a reasonable concern regarding the owner’s ability to make a
Under section 2.2.2 the owner must secure and pay for?
Necessary approvals, easements, assessments, and charges required for construction, use or occupancy of permanent structures, or for permanent change in existing facilities. The owner is not required to pay for permits and fees that are the responsibility
The owner must furnish what information as outlined in section 2.2.3?
Surveys describing physical characteristics, Legal limitations and utility locations for the site of the project, and a legal description of the site.
How many copies of the contract documents must the owner furnish to the contractor?
The owner must furnish one (1) copy to the contractor to make reproductions with.
Who is given the right to stop work and for what reasons?
The owner if the contractor fails to correct work that is not in conformance with the contract documents. A written order to stop work may be issued by the owner until the cause for the order has been eliminated.
The owner has the right to carry out the work if?
The contractor defaults or neglects to carry out the work in accordance with the contract documents and fails within 10 days of receiving a written notice to correct or remedy the issue.
The contractors obligations to perform the work in accordance with the contract documents are not relieved by?
The architect’s administration of the contract, tests, inspections, or approvals required or performed by persons or entities other than the contractor.
Execution of the contract by the contractor represents what?
That the contractor has visited the site, become generally familiar with the local conditions of which the work is to be performed, and correlated personal observations with the contract documents.
Before starting each portion of the work the contractor must?
Study and compare the contract documents relative to that portion of the work as well as information furnished by the owner, Shall take field measurements of of existing conditions, and observe any conditions at the site affecting the work to be completed
What obligation does the contractor have if he finds errors, omission, or inconsistencies in the contract documents?
These items must be submitted as a request for information to the architect in such form as the architect may require.
Is the contractor required to ascertain if the contract documents are in conformance with applicable laws statutes, ordinances, codes, rules, regulations, or lawful orders of public authorities?
No, but the contractor must notify the architect in a request for information if he becomes aware of any nonconformity.
If the contractor carries out his due diligence as set forth in sections 3.2.2 and 3.2.3 is he liable to the owner or architect for damages resulting from errors, inconsistencies, or omissions in the contract documents, differences between field measureme
No, if the contractor believes that additional cost or time has been involved because of clarifications or instructions from the architect the contractor may make claims as provided in article 15.
What does the contractor have sole control and responsibility for?
Construction means, methods, techniques, sequences, and procedures, and for coordinating all portions of work under the contract. If the contract documents give specific instructions over the items above then the contractor must evaluate the instructions
Is the contractor responsible for the acts of others performing portions of the work on the project?
The contractor is responsible for the acts and omissions of the contractors and subcontractors employees and agents as well as all other persons performing portions of the work performing portions of the work on behalf of the contractor or any of its subc
Who is responsible for inspections of portions of the work already performed to determine if they are in proper condition to receive subsequent work?
The contractor.
Under section 3.4 Labor and Materials what is the contractor responsible for?
The contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for the proper execution and completion of the work whet
Is the contractor able to make substitutions?
Only with the consent of the owner after evaluation by the architect and in accordance with a construction change directive or change order.
Who is in charge of enforcing discipline and order among the persons performing the work?
The contractor. The employment of unfit persons or persons not properly skilled at the tasks assigned to them shall not be permitted by the contractor.
Does the contractor have to provide evidence as to the kind and quality of the materials and equipment?
If required by the architect. Work materials or equipment not conforming to the requirements of the contract documents shall be considered defective.
Who pays for the building permit, other permits, fees, licenses, and inspections from government agencies necessary for the proper execution and completion of the work?
The contractor. If the contractor performs work knowing it to be contrary to any of these items he is responsible for the costs attributable to correction.
If the contractor uncovers conditions on the site that could not have reasonably been accounted for what must he do and how long does he have to carry this out?
He must promptly provide notice to the owner and the architect before the conditions are disturbed and no later than 21 days after the conditions were first uncovered.
What is the architects responsibility in the event that conditions are discovered that had not been previously accounted for?
The architect must inspect the conditions and determine if the differ materially and cause and increase or a decrease in the contractors costs or time required to perform the work. The architect must then recommend an adjustment to the contract sum, contr
Under section 3.7.5 why would the contractor immediately suspend work or a portion of work?
If the contractor exposes human remains or burial markers, archaeological sites, or wetlands not indicated in the contract documents. The contractor must notify the owner and the architect. The owner must address these issues with the proper authority and
Allowances should cover what costs incurred by the contractor?
Allowances cover the cost of materials and equipment delivered to the site as well as all applicable taxes but not applicable trade discounts.
What costs to the contractor are not covered under the allowances?
Unloading, handling at the site, labor, installation costs, overhead, profit, and other expenses. These costs are included in the contact sum but not in the allowances.
What does the amount of the change order reflect?
The differences between the actual costs and allowances as well as changes in the contractors costs under section 3.8.2.2.
Who does the superintendent represent and who is responsible for his employment?
The contractor. Instructions given to the superintendent are as binding as if they were given to the contractor.
The contractor as soon as is practicable after award of the contract shall furnish to the owner and architect the name and qualifications of a proposed superintendent. What must the architect do after receiving this information?
The architect must reply within 14 days whether or not the owner or architect has reasonable objection or needs additional time to review. Failure to respond within 14 days signifies no reasonable objection. The contractor shall not employ a superintenden
Under section 3.10 what is required of the contractor?
The contractor must prepare and submit a construction schedule, a submittal schedule, and perform the work in accordance with these schedules.
What is the contractor required to keep at the site?
One copy of the drawings, specifications, change orders, addenda and other modifications marked to indicate field changes as well approved shop drawings, product data, samples and similar required submittals. These must be available to the architect and s
What should the architect do with submittals that are not required by the contract documents?
They may be returned by the architect without action.
What should the contractor do with shop drawings, product data, samples, and similar submittals required by the contract documents?
The contractor must review these items for compliance, approve, and submit them to the architect in accordance with the approved submittal schedule.
What can be assumed about submittals that have been delivered by the contractor to the architect?
That 1) they have been reviewed and approved by the contractor|2) That materials have been determined and verified in relation to field measurements and field construction criteria.|3) That the information within the submittals has been checked and coordi
Can the contractor perform work before an approved submittal has been received dealing with a portion of that work?
No, not until an approved submittal is received.
If the contractor receives an approved submittal by the architect is he relieved of responsibility for deviations from the requirements of the contract documents?
No, the contractor must notify the architect of these deviations and 1) the architect has given written approval to the specific deviation as a minor change in the work or 2) A change order or construction change directive has been issued authorizing this
What must the contractor do with re-submissions of submittals where changes have been made from the original?
The contractor must direct specific attention to the changes made on previous submittals. Approval of a revision does not also approve previous revisions
In which instances is the contractor required to provide professional services that constitute the practice of an engineer or architect?
Only if specifically required to do so in the contract documents or if such services need to be provided in order for the contractor to carry out his responsibility for construction means, methods, techniques, sequences or procedures. No services may requ
If the contractor is to provide engineering or architectural services what responsibility lies with the contracted architect of record for the project?
The architect and owner must specify all design and performance criteria that the services must satisfy.
If the contractor is to provide architectural or engineering services for the project may he do so without a licensed professional?
No, the services must be provided by a licensed professional whose signature and seal appear on the drawings, calculations, specifications, certifications, shop drawings and other submittals. Shop drawings done by others must bear the professionals writte
Should the architect and owner rely on the adequacy, accuracy, and completeness of services, certifications, and approvals performed or provided by such design professionals?
Only if the have specified all performance and design criteria that such services must satisfy.
What are the architects responsibilities when reviewing submittals provided by a design professional under the contractors scope of work?
The architect is responsible for checking the work provided for conformance with information given and the design concept expressed in the contract documents. The contractor is not responsible for the adequacy of the performance and design criteria specif
How must the contractor use the site?
In compliance with all applicable codes laws etc. of any authority over the site as well as the contract documents. No unreasonable encumbrance on site by equipment or materials is permitted.
How must the contractor deal with cutting, fitting, and patching?
All areas that require cutting, fitting, and patching shall be restored to their condition prior to the required work. Unless required otherwise.
Should written consent be obtained if the contractor needs to endanger or otherwise alter work already in place by the owner or other contractors?
Yes, the contractor is required to get written consent which may not be unreasonable withheld by owner of other contractor.Quid Pro Quo
Must access to the site be provided to the owner and architect?
Yes, in preparation and progress wherever located.
The contractor is responsible for paying royalties and license fees. How must suits for infringement of copyrights and patent rights be defended?
The contractor must hold the architect and owner harmless unless the infringement is the result of information provided in the contract documents. If the contractor believes that information contained within the contract documents is questionable he has a
The contractor must indemnify the architect, architect’s consultants, and owner against what?
Claims, damages, losses, and expenses including but not limited to attorney’s fees arising out of or resulting from the performance of the work to the extent of the harm caused by the actions of the contractor or subcontractors or their liabilities. This
Is the amount of the damages limited in any way to the insured coverage held by the contractor?
No, the contractor is liable for all damages in this case.
What qualifications must the owner require of the architect identified as the architect in this contract?
He must be licensed to legally act as an architect in the jurisdiction where the project is located.
Are the duties or responsibilities of the architect able to be altered from those set forth in the contract?
Only with consent of the owner, contractor, and architect. Consent shall not be unreasonably withheld.
May the owner hire another architect to fulfill the duties of the contract?
Only if the owner terminates the employment of the architect and hires an architect that the contractor has no objection to.
Who administers the contract?
The architect until issuance of the final certificate for payment.
Is the architect required to visit the site?
Only to become familiar with progress and to provide assurance that will work when completed will be in conformance with the contract documents.
May the architect be required to provide exhaustive inspections or take responsibility for work under the contractors responsibilities?
No
What communication with the owner must the architect have regarding his observations?
He must keep the owner informed of the general progress, known deviations from the contract documents and schedules, and defects and deficiencies observed within the work. The architect has no responsibilities over the acts or omissions by the contractor
How should the owner and the contractor communicate with each other about matters concerning the contract documents?
Through the architect. Communications with architects subs should be through the architect and with subcontractors through the contractor. Communications with outside contractors hired by the owner should be through the owner
What must the architect do with certificates of payment?
Review and certify the amounts due and issue certificates of payment.
May the architect reject a certificate of payment?
If he believes the work performed does not meet the requirements of the contract documents and may require testing if he believes it to be necessary.
What does the architects approval of submittals, shop drawings, and product data?
That they have a general conformance with the contract documents. This does not provide approval for other details not already shown in the contract documents or schedules and quantities.
What types of documents must the architect provide after the contract documents have been issued?
Change orders and change directives. He also must investigate and make recommendations concerning concealed and unknown conditions.
Who must determine by inspection the date of substantial and final completion?
The architect. He must forward warranties, records, and related documents for owner review and issue the final certificate for payment.
May a representative of the architect be provided to carry out the architects responsibilities?
Yes, as set forth in an exhibit to become part of the contract documents.
Who interprets and decides matters concerning performance?
The architect upon written request by either the owner or contractor. The response must be provided in writing.
The architect must provide his decisions in writing or drawings but they must be consistent with what?
The intent or reasonably inferable from the contract documents. The architect shall not show partiality to either party and is not liable for the results if provided in good faith.
Is the architect in charge of issues concerning aesthetics?
Yes, as long as it is consistent with the contract documents.
Should the architect respond to RFI’s
Yes, within the time frame outlined in the contract documents. He must prepare and issue drawings and specifications required to answer the RFI.
Who is the subcontractor?
One or multiple entities in contact with the contractor to perform all or a portion of the work. The subcontractor may also have a subcontractor know as the sub-subcontractor.
How does the contractor notify the architect and owner what subcontractors will be working with the contractor?
As soon as practicable after the award of the contract. Architect may object within 14 days.
If the architect rejects the proposed subcontractor who is responsible if there is a cost incurred by finding and hiring an alternate subcontractor?
The owner and the architect must increased (or decreased) by the difference.
