Kettle Jalapeño's Eye Yeah Eye Review Flashcards

Question

Owner’s Right to Stop the Work **++**

Answer 1

* **_Can issue written order to Contractor to stop the Work if Contractor_** * Fails to correct Work not in accordance with Contract Documents * Repeatedly fails to carry out the Work in accordance with Contract Documents * **Owner has no duty to stop the Work for benefit of contractor or others** ***_Commentary: Architect does not have authority to stop the Work._***

Answer 2

* **Can correct deficiencies in the Work if Contractor** * Defaults * Neglects to carry out Work in accordance with Contract Documents * Fails to commence and continue correction of such default or neglect

Answer 3

ARTICLE 3 CONTRACTOR

Answer 4

* Contractor is a person or entity identified in Agreement * Designated representative has express authority to bind Contractor to matters under Contract * _Perform Work in accordance with Contract Documents_ * _Not relieved of Contract obligations_ as a result of: * Tests and inspections or approvals performed by others * Architect’s administration of Contract

Answer 5

* Execution of Contract represents Contractor * Has visited site * Become generally familiar with local conditions * Correlated observations with Contract Documents * Before starting Work, Contractor shall * Study and compare various Contract Documents, but not required to find errors * Take field measurements of existing conditions * Observe any conditions at site affecting Work Conditions of

Answer 6

* Contractor shall supervise and direct Work using best _skill_ and attention * Solely responsible for, and have control over, following construction activities (**even if Contract Documents include instructions for following activities, Contractor obligated to evaluate jobsite safety**) * _Means_ * _Methods_ * Techniques * Sequences * Procedures * Coordination Commentary: Means and Methods * Contractors are now responsible for performing their own due diligence regarding the safety of construction means and methods dictated in the Contract Documents. * "In the past, contractors could rely on the designer or architect's direction stated in the Contract Documents. This addition protects the design team from legal action as safety associated with all means and method is now in the hands of the builder".

Answer 7

* Contractor responsible to Owner for acts and omissions of Contractor * Contractor responsible for inspection of Work already performed for proper condition to receive subsequent Work

Answer 8

* Contractor provides and pays for following for proper execution and completion of the Work * Labor * Materials * Equipment * Tools * Construction equipment * Water * Heat * Utilities * Transportation * Other facilities and services

Answer 9

* Contractor may make substitutions * Only with consent of Owner * After evaluation by Architect * In accordance with * Change Order * Construction Change Directive * Contractor shall * Enforce strict discipline and good order among employees and persons carrying out Work * Not employ unfit persons or persons not properly skilled

Answer 10

* Contractor warrants to Owner and Architect that materials and equipment furnished * Will be of good quality and new * Will conform to Contract Documents * Will be free from defects * Work not conforming to Contractor’s warranty may be considered defective Commentary: Contractor does not warrant adequacy of Contract Documents \*

Answer 11

* Contractor shall secure and pay for * Building permit * Other permits * Fees * Licenses * Inspections by government agencies * If Contractor performs Work contrary to following, Contractor assumes responsibility and bears cost for correction * Laws * **_Codes_** * Statutes * Rules and regulations * Ordinances * Lawful orders of public authorities

Answer 12

* Contractor to provide notice to Owner and Architect if following conditions encountered * Subsurface or concealed differences that differ from Contract Documents * Unknown physical conditions of an unusual nature that differ from those ordinarily found to exist **_Contractor entitled to Change Order for unforeseen conditions._** Architect to investigate promptly & recommend adjustments to the Contract if found to be valid

Answer 13

* Costs included in Allowance * Cost of material and equipment _delivered to site_ * Taxes, less trade discounts * Costs included in Contract Sum * _Unloading and handling at site_ * Labor * Installation * Overhead * Profit * Other expenses * Cost differences adjusted by change order (Allowances should not be confused with Bid Alternates)

Answer 14

* Contractor shall employ competent superintendent and assistants * In attendance at Project site duringnperformance of Work * That represents the Contractor * Communications are binding as if given to Contractor * _Owner and Architect has no reasonable objection_ * **_Cannot be changed without Owner’s consent_**

Answer 15

* Contractor shall submit construction schedule for the Work, (only for the Architect’s review) * Shall not exceed Contract Documents time limits * Revised at appropriate intervals * Related to entire Project and extent required by Contract Documents * Shall provide for expeditious and practicable execution of the Work * **_Contractor shall submit submittal schedule for approval_** * Coordinated with construction schedule * Allow Architect reasonable time to review, resubmittal, re-review and approval

Answer 16

* Contractor shall maintain following at Project site in good order and marked currently to indicated field changes and selections made during construction. * Drawings * Specifications * Addenda * Change orders * Other modifications * Shop drawings * Product data * Samples * Similar required submittals

Answer 17

* Shop drawings (project specific), product data, (catalog info), samples and similar submittals **_are not Contract Documents_** * Purpose is to **_demonstrate how Contractor proposes to conform_** with information given and design concept expressed in Contract Documents * **_Submittals not required by Contract Documents, may be returned by Architect without action_**

Answer 18

* Contractor shall review submittals for compliance with Contract Documents, approve, and submit to Architect * **_By submitting submittals, Contractor represents to Owner and Architect that Contractor has_** * Reviewed and approved them * Determined and verified materials, field measurements and field construction criteria * Has checked and coordinated submittal information with requirements of the Work and * Contract Documents * Contractor shall perform no Work until respective submittals have been approved by Architect

Answer 19

* Work shall be in accordance with approved submittals and Contractor is not relieved from deviations from Contract Documents (or by Architect’s errors in submittal review). * Contractor not required to provide licensed architectural or engineering services unless: * Performance and design criteria specifically required by Contract Documents for portion of the Design-Build Work * Unless necessary for means, methods, techniques, sequences and procedures, like shoring design **_Delegated Design example: Roof trusses or pre-engineered building_**

Answer 20

When Design-Build service is required: * Architect must provide detailed design and performance criteria * Contractor’s design-build service must be performed by licensed professionals * Design-build design and shop drawings are reviewed and approved by the Contractor; not the Architect * Architect’s review is limited to checking for conformance with the design- build criteria * ( This process is sometimes referred to as “Delegated Design”) * (Commentary: Provisions added in 2007)

Answer 21

* Contractor shall * Confine operations to site and areas permitted by * Laws * Statutes * Ordinances * Codes * Rules and regulations * Lawful orders of public authorities * Not unreasonably encumber site with materials or equipment

Answer 22

* Contractor responsible for following and for restoring areas to condition existing prior to * Cutting * Fitting * Patching * Contractor shall not damage or endanger Work of the Owner separate Contractors **_Critical for phrased work, or CM type work with multiple contractors_**

Answer 23

* Contractor shall keep premises free from accumulation of waste materials or rubbish * At completion of Work, Contractor shall remove * Waste materials * Rubbish * Contractor’s tools * Construction equipment * Machinery * Surplus materials * **_If Contractor fails to clean up, Owner may do so and be reimbursed by Contractor_**

Answer 24

* Contractor should provide Owner and Architect access to the Work in preparation and progress **_Access required for testing agency or sub-consultants, or A/E staff._**

Answer 25

* **_Contractor shall pay royalties and license fees_** * Contractor shall defend suits or claims for infringement of copyrights and patent rights and hold Owner and Architect harmless from loss * Contractor not responsible for such defense or loss **_when particular design, process or product of particular manufacturer is required by Contract Documents_** or where copyright violations are contained in the Contract Documents **_Note disadvantage of single source type specifications_**

Answer 26

* Contractor shall indemnify and hold harmless the following from claims, damages, losses and expenses from performance of the Work to the extent caused by negligent acts or omissions * Owner * Architect * Architect’s consultant

Answer 27

ARTICLE 4 ARCHITECT

Answer 28

* Architect is a person or entity identified in Agreement * Duties, responsibilities and limitations of authority of Architect as set forth in Contract Documents shall not be * Restricted * Modified * Extended * **_If Architect is terminated, Owner shall employ successor architect to whom Contractor has no reasonable objection_** (moved to 2.3.3 in 2017)

Answer 29

* Architect will * Provide administration of the Contract as described in Contract Documents until Final Certificate for Payment is issued * **_Be Owner’s representative during construction_** * Have authority to act on behalf of Owner to extent provided in Contract Documents

Answer 30

* Architect will visit site at intervals appropriate to stage of construction * To become generally familiar with progress and quality of portion of Work completed * To determine in general if Work observed is being performed in a manner, when completed, will be in accordance to Contract Documents * **_Not required to make exhaustive or continuous on-site inspections to check quality or quantity of the Work_**

Answer 31

* Architect will not have control over, charge of, or responsibility for, construction * Means * Methods * Techniques * Sequences * Procedures * Safety precautions and programs **_These are specifically the Contractor's responsibility._**

Answer 32

* **_Architect will keep Owner reasonably informed about progress and quality of Work completed_** * Known deviations from Contract Documents and construction schedule * Defects and deficiencies observed in the Work * Architect **_not_** responsible for Contractor’s failure to perform Work in accordance with Contract Documents

Answer 33

* Architect will have no control over and will not be responsible for acts and omissions of * Contractor * Subcontractors * Agents or employees * Other persons or entities performing Work

Answer 34

* Communications * Owner and Contractor will include the Architect in all communications related to the Architect’s services * Communications by and with Architect’s Consultants through Architect * Communications by and with Subcontractors through Contractor * (Revised in 2017)

Answer 35

* Based on Contractor’s Applications for Payment, Architect will * Review and certify amounts due * Issue Certifications for Payment * Architect has authority * **_To reject Work not conforming with Contract Documents_** * **_To require inspection or testing of Work whether or not fabricated, installed or completed_**

Answer 36

* Architect will review and approve or take action on Contractor’s submittals * **_For limited purpose of checking for conformance with information given_** * Design concept expressed in Contract Documents * Not conducted for purpose of determining accuracy and completeness of details, dimensions, and quantities of for substantiating instruction for installation or performance of equipment or systems * Review does not constitute approval of safety precautions

Answer 37

* Architect will * Prepare Change Orders and Construction Change Directives * Order minor changes, Architect’s Supplemental Instruction * Investigate and make determinations and recommendations regarding concealed and unknown conditions

Answer 38

* Architect will interpret and decide matters concerning performance under, and requirements of, Contract Documents on written request of either Owner and Contractor * If Owner and Architect agree, Architect will provide project representatives at site

Answer 39

* Interpretations and decisions of Architect will * Be consistent with intent of, and reasonably inferable from, Contract Documents * Endeavor to secure faithful performance by Owner and Contractor * Not show partiality to Owner or Contractor * Not be liable for results of interpretations or decisions rendered in good faith * **_Architect’s decisions on aesthetic effect will be final if consistent with intent expressed in Contract Documents_**

Answer 40

Architect will review and respond to requests for interpretation, (RFI) of Contract Documents (not requests for “information”)

Answer 41

ARTICLE 5 SUBCONTRACTORS

Answer 42

* Subcontractor is a person or entity who has direct Contract with Contractor to perform portion of Work at site * Separate Contractors are not subcontractors * Sub-subcontractor is a person or entity who has direct or indirect Contract with Subcontractor to perform portion of Work at site * Materials suppliers are not subcontractors

Answer 43

* Contractor * **_Shall not contract with entity to whom Owner or Architect has made objection_** * **_Will not be required to contract with anyone Contractor has made objection_** * Shall not substitute Subcontractor if Owner or Architect has made objection * Specifications organized into sections shall not limit the Contractor from subdividing the Work among Subcontractors

Answer 44

* Contractor shall require Subcontractors * To be bound by terms of Contract Documents * To assume toward Contractor all obligations and responsibilities which Contractor assumes toward Owner and Architect * To enter into similar agreements with Sub-subcontractors ## Footnote **_The sub-contractor Agreement is subservient to the Owner/GC Agreement._**

Answer 45

* If Owner terminates Contractor for cause, subcontracts are assigned by Contractor to Owner who assumes Contractor’s rights and obligations * Owner may further assign subcontract to successor Contractor or other entity

Answer 46

ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS

Answer 47

* The Owner reserves the right to perform construction or operations related to the Project with the Owner’s own forces, and with Separate Contractors * Separate Contractors shall be retained under Conditions of the Contract substantially similar to those of this Contract, including those provisions related to insurance and waiver of subrogation * **_Owner shall coordinate the activities of Owner’s own forces and Separate Contractors_** **_These conditions occur often in CM related projects._**

Answer 48

* Regarding Owner and separate Contractors, Contractor shall * Afford opportunity for storage of materials and equipment * Allow performance of their activities * Connect and coordinate Contractor’s construction and operations with theirs * If Contractor’s Work depends on Owner or Separate Contractors, Contractor shall report discrepancies or defects in such construction; failure to report constitutes acceptance * Contractor shall reimburse Owner for costs payable to Separate Contractors because of Contractor’s delays, improperly timed activities or defective construction; and vice versa

Answer 49

* If disputed among Contractor, Separate Contractors and Owner concerning clean up, Owner may clean up and Architect will allocate cost among those responsible

Answer 50

ARTICLE 7 CHANGES IN THE WORK

Answer 51

* Changes accomplished after Contract execution that do not invalidate Contract * Change Order - Based on agreement among Owner, Contractor and Architect * Construction Change Directive - Requires agreement by Owner and Architect and may or may not be agreed to by Contractor * _Architect’s Supplemental Instruction_ - Minor change in the Work - Issued by Architect alone * Promptly performed under applicable provisions of Contract Documents **_ASIs are used for minor changes to the work; with no cost or time._**

Answer 52

Written instrument, prepared by Architect and signed by Owner and Contractor, agreeing to * Change in the Work * Amount of adjustment in Contract Sum * Amount of adjustment in Contract Time

Answer 53

* Written order, prepared by Architect and signed by Owner and Architect, directing a change in the Work prior to agreement on * Amount of adjustment in Contract Sum * Amount of adjustment in Contract Time * Owner may, without invalidating the Contract, order following changes in the Work with the “CCD” * Additions * Deletions * Other revisions * **_Used in absence of total agreement on Change Order terms_** **_Usually used when there is not enough time to price a Change Order, i.e., removing discovered contaminated soils._**

Answer 54

* Methods for adjustment of Contract Sum * Itemized lump sum * Unit prices * In a manner mutually agreed * Upon receipt, Contractor promptly proceeds with change and indicates agreement of disagreement with adjustment * Contractor’s signature indicates agreement

Answer 55

* Architect has authority to order minor changes in the Work not involving * Adjustment in Contract Sum * Adjustment in Contract Time * Not inconsistent with Contract Documents * No Change Order needed * Architect’s Supplemental Instruction, form Al A G710

Answer 56

ARTICLE 8 TIME

Answer 57

* Contract Time - Period of time, including adjustments, allotted in Contract Documents for Substantial Completion of the Work * Date of Commencement of the Work - Date established in Agreement * Date of Substantial Completion * Date certified by Architect * **_Day - Calendar days unless otherwise defined_**

Answer 58

* Time is of the essence - By executing Contract, Contractor confirms Contract Time is reasonable * Contractor cannot prematurely commence operations before effective date of insurance * Contractor proceeds expeditiously with adequate forces to achieve Substantial Completion within Contract Time

Answer 59

* If Contractor is delayed by any of following, then extended by Change Order * Act or neglect by Owner or Architect * Changes in the Work * Labor disputes * Fire * Unusual delay in deliveries * Unavoidable casualties * Mediation **_or_** arbitration * Adverse weather conditions * Other causes beyond the Contractor’s control * Other causes justified by Architect

Answer 60

* “No cost” Contractor requested time extensions can be allowed but should be reviewed by the Owner’s attorney first. * Issued in a Change Order.

Answer 61

ARTICLE 9 PAYMENTS AND COMPLETION

Answer 62

* Stated in Agreement, including adjustments, is total amount payable by Owner to Contractor for performance of the Work

Answer 63

* Allocates entire Contract Sum to various portions of the Work * Prepared in form and supported by data to substantiate accuracy as Architect requires, (but not approved by the Architect) * Basis for reviewing **_Contractor’s Applications for Payment_** **_Break down often in CSI division format, for both labor and materials. Consider level of detail required based upon scheduling, complexity, and size of the project._**

Answer 64

* Contractor submits in accordance with Schedule of Values supported by data requested by the Owner substantiating right to payment * Includes * Completed portions of the Work * Change Orders * Authorized Construction Change Directives * Stored materials, on or off site * Cannot include requests for payment for portions of the Work for which a Subcontractor will not be paid * Contractor warrants * By time of payment, title to Work passes to Owner * Upon submittal, previous Certificates for Payment free of liens and claims

Answer 65

* Upon receipt of Contractor’s Application for Payment, Architect will perform one of following * Issue Certificate for Payment to Owner * Notify Contractor and Owner of Architect’s reasons for withholding certification in whole or in part

Answer 66

* Representation by Architect to Owner that * Work has progressed to point indicated and quality in accordance with Contract Documents * Contractor is entitled to amount certified

Answer 67

* Not a representation that Architect * Made exhaustive or continuous on-site inspections to check quality or quantity of the Work * Reviewed construction * Means * Methods * Techniques * Sequences * Procedures * Reviewing cost data to substantiate Contractor’s right to payment * Ascertained purpose Contractor has used previous payments

Answer 68

* Architect may withhold Certificate for Payment in whole or in part * To extent reasonably necessary to protect Owner * If in Architect’s opinion representations to Owner cannot be made * Architect may withhold a Certificate for Payment or may nullify Certificate previously issued to protect Owner because of subsequently discovered evidence because of * Defective Work not remedied * Third party claims * Failure of Contractor to make payments to Subcontractors * Reasonable evidence that Work cannot be completed for unpaid balance * Damage to Owner of separate Contractor * Reasonable evidence Work cannot be completed within Contract Time * Repeated failure to carry out Work in accordance with Contract Documents * When reasons are removed, certification will be made for amounts previously withheld * Owner may issue joint checks to Contractor and any entity to whom Contractor failed to make payment **_Off-site storage of materials needs to be in a bonded warehouse. On-site storage needs to be secured: trailers can be driven away._**

Answer 69

* After Certificate issued, Owner makes payment * Contractor makes payment to Subcontractors reflecting retainage * Owner has right to request evidence that Contractor has made payments to others * Following do not constitute acceptance of Work not in accordance with Contract Documents * Certificate for Payment * Progress payment * Partial or entire use or occupancy of Project

Answer 70

* Contractor may stop Work until payment is received if any of following happen * Architect does not issue Certificate * Owner does not pay Contractor **_Note: Contractor's only contractual ability to stop work._**

Answer 71

* **_Stage in progress of Work when sufficiently complete in accordance with Contract Documents so that Owner can occupy or utilize for intended purpose, (Always contingent on having the Building Inspector and Fire Department approval.)_** * When Contractor considers Work substantially complete, **_Contractor prepares comprehensive list of items to be completed or corrected, the “Punchlist”_** * Architect will make an **_inspection_** to determine whether the Work is substantially complete * Contractor completes or corrects items on list **_This is the first of two times tht the Architect "inspects" the work._**

Answer 72

* When Work is substantially complete, Architect * Prepares Certificate of Substantial Completion * Establishes Date of Substantial Completion * Establishes **responsibilities of Owner** and Contractor for * **_Security_** * **_Maintenance_** * **_Heat_** * **_Utilities_** * **_Damage to Work_** * **_Insurance_** * **_Fix time for Contractor to finish list of items_** **_Typically Owner is now responsible for all the items in the list._**

Answer 73

* **Warranties commence** on Date of Substantial Completion * Upon acceptance by Owner, and consent of surety, **Owner** **_makes payment of retainage_** **_The GC's first one-year Warranty period is now referred to as the "Correction Period."_** **_Hold back enough retainage to complete punchlist by another contractor._**

Answer 74

* Owner may occupy or use any completed or partially completed portion of the Work * Can commence whether or not substantially complete * Consent of Contractor to partial occupancy or use cannot be unreasonably withheld * **_Partial occupancy or use does not constitute acceptance of the Work_** **_This may also be referred to as "Beneficial Occupancy."_**

Answer 75

* When Contractor is ready for final inspection and acceptance, upon receipt of final Application for Payment * Architect will make such final inspection * When Architect finds Work acceptable under Contract Documents and Contract fully performed * Architect will issue final Certificate of Payment stating entire balance is due and payable * (AIA documents do not include a Certificate of Final Completion)

Answer 76

* Prior to Final Payment, Contractor must submit * Affidavit that all payments made * Evidence that required insurance will remain in effect for period of time * Statement that insurance will be renewable * **_Consent of surety_** * Other data required by Owner * **_Making Final Payment constitutes waiver of claims by Owner except_** * Unsettled liens, claims, security interests or encumbrances * Failure of Work to comply with Contract Documents * Terms of special warranties * **_Acceptance of Final Payment by Contractor constitutes waiver of claims_**

Answer 77

ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY

Answer 78

* Contractor responsible for initiating, maintaining and supervising safety precautions and programs * Contractor’s Superintendent is responsible for site safety unless another member of the Contractor’s team is appointed.

Answer 79

* Contractor responsible for initiating, maintaining and supervising safety precautions and programs * Contractor responsible for safety and protection to prevent damage, injury or loss to * Employees on the Work * Work and materials and equipment * Other property at, or adjacent to, site

Answer 80

* Contractor shall * Comply with applicable safety laws, statues, ordinances, codes, rules and regulations, and lawful orders * Erect and maintain safeguards * Exercise utmost care with explosives and hazardous materials * Remedy damage and loss * Designate Contractor employee with duty of prevention of accidents * Not permit loading that causes damage or unsafe condition * Injury or damage to person or property * If either party suffers injury or damage because of act or omission of other party, written notice to other party required * Notice should contain information to enable investigation

Answer 81

* Contractor * Responsible for compliance with Contract Documents including hazardous materials identified to be remediated * **_If hazardous materials encountered, that are not identified in the Contract Documents to be remediated, Contractor may shall stop Work in area and notify Owner_** * Owner * Responsible for hazardous materials not identified in Contract Documents * Not responsible for hazardous materials Contractor brings on site not required by Contract Documents **_Note that the "Work" is not stopped entirely, only area impacted._**

Answer 82

* In an emergency affecting safety, Contractor may act, at Contractor’s discretion, to prevent threatened damage, injury or loss

Answer 83

ARTICLE 11 INSURANCE AND BONDS

Answer 84

* (Insurance provisions relocated to Exhibit “A” to AI0I, Owner- Contractor Agreement) * Contractor purchases and maintains insurance to protect himself from claims resulting from operations under Contract at limits specified or required * Worker’s compensation * Bodily injury or death of Contractor’s employees * Bodily injury or death of other than Contractor’s employees * Personal injury liability * Damages because of injury or destruction of tangible property * Use of motor vehicles * Damage arising out of completed operations * Contractual liability

Answer 85

* Owner purchases and maintains Owner’s usual liability insurance

Answer 86

* **_Owner shall purchase maintaining tain builder’s risk “all risk” insurance, (protecting all parties), that includes_** * Perils of fire and physical loss * Theft * Vandalism * Malicious mischief * Collapse * Earthquake * Floor * Windstorm * False-work * Testing and startup * Temporary buildings * Debris removal * Contractor’s compensation * Architect’s compensation * Owner purchases and maintains boiler and machinery insurance

Answer 87

* **_If Owner intends not to purchase “all risk” property insurance he must inform the Contractor so the Contractor can purchase insurance to protect his interest in the Work_** * **_The cost of this insurance is included in a Change Order_**

Answer 88

* Owner, at Owner’s option, may purchase and maintain insurance to insure Owner against loss of use of Owner’s property due to fire or other hazards * Waivers of Subrogation * Owner and Contractor waive all rights for damage claims against each other and their subcontractors, sub-subcontractors, agents and employees, the Architect, Architect’s consultants, Separate Contractors, and their subcontractors, subsubcontractors, agents and employees for damages caused by fire and other losses to the extent those losses are covered by insurance

Answer 89

Owner has right to require Contractor to furnish bonds covering faithful performance and payment of obligations

Answer 90

ARTICLE 12 UNCOVERING AND CORRECTION OF WORK

Answer 91

* Architect may request portions of the Work already covered, contrary to the Contract Documents, be uncovered for Architect’s examination and replaced at Contractor’s expense * If Architect requests Work to be uncovered for examination that has not been identified for examination in the Contract Documents, the costs for this are as follows: * If Work in accordance with Contract Documents, replacement at Owner’s expense * If Work not in accordance with Contract Documents, correction of Work and replacement at Contractor’s expense

Answer 92

* Before Substantial Completion, Contractor shall correct Work rejected by Architect for failing to conform to Contract Documents whether fabricated, installed, or completed, or not * After Substantial Completion, if within one year after Date of Substantial Completion or after commencement of warranties, Contractor shall correct nonconforming Work, (the one-year correction period, Not the Warranty Period) * Requires notice by Owner; failure to do so constitutes Owner’s waiver * If Contractor fails to correct Work, Owner has right to do so at Contractor’s cost * Warranty period is determined by state law where the Project is located

Answer 93

* If Owner prefers to accept Work not in accordance with Contract Document * Owner may do so instead of requiring removal and correction * Appropriate and equitable adjustment to Contract Sum **_Non-conforming work should be adjusted and documented by change order._**

Answer 94

ARTICLE 13 MISCELLANEOUS PROVISIONS

Answer 95

Governing Law * Contract governed by law of Project, or Work, location Successors and Assigns * Owner and Contractor bind themselves, their partners, successors, assigns and legal representatives to covenants, agreements and obligations contained in Contract Documents

Answer 96

Written Notice * Written notice deemed duly served (This article revised and relocated to article 1.6.1 in 2017. Written notice, “on paper”, now only required for claims.) * Delivered in person to individual or member of firm or entity * Delivered to officer of corporation * With proof of delivery Rights and Remedies * Duties and obligations imposed by Contract Documents and rights and remedies in addition to those available by law, e.g., warranty

Answer 97

Tests and Inspections * Tests, inspections and approvals made as required by * Contract Documents at the time the Contract was signed * Applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities * Contractor shall * Make arrangements with independent entity * Bear costs, (except where the law requires the Owner to pay) * Bear costs to remedy deficient Work identified from testing and inspections * Owner will * Bear costs for tests, inspections or approvals required after bids received * Bear costs for tests, inspections or approvals where law prohibits Owner from delegating cost to Contractor

Answer 98

Tests and Inspections * If additional testing or inspection is requested, beyond those called for in the Contract Documents, Architect will instruct Contractor to perform tests * Owner bears costs if Work conforms to Contract Documents * Contractor bears costs if Work does not conform to Contract Documents Interest * Payments due and unpaid bears interest

Answer 99

ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT

Answer 100

* Contract may be terminated if Work is stopped for 30 consecutive days through no fault of Contractor for any of following reasons * Public authority order to stop Work * Act of government that requires Work to be stopped * Architect has not issued a Certificate for Payment, or Owner has not made payment * Owner fails to furnish evidence of financial arrangements to fulfill obligations

Answer 101

* Contract may be terminated due to: * Repeated suspensions * Delays or interruptions of entire Work * If time is equal to an aggregate of 100 percent of total number of days scheduled for completion, or 120 days out of any 365 day period * Contractor may, upon 7 days written notice, terminate contract with Owner and recover payment for Work executed * Contract may be terminated if Work is stopped for 60 consecutive days because Owner has repeatedly failed to fulfill Owner’s obligations important to progress of the Work

Answer 102

* Owner may terminate Contract if Contractor * Refuses or fails to supply workers and materials * Fails to make payment to Subcontractors * Disregards applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities * Breach of provision of Contract Documents * If Initial Decision Maker certifies cause exists, Owner may terminate Contract * Exclude Contractor from site and take possession of materials and equipment * Accept assignment of Subcontractors * Finish the Work

Answer 103

* When terminated, Contractor not entitled to further payment * If unpaid balance exceeds costs of finishing, excess shall be paid to Contractor * If costs of finishing exceeds unpaid balance, Contractor pays Owner

Answer 104

* Owner may, without cause, order Contractor to suspend, delay or interrupt the Work in whole or in part * Contract Sum and Contract Time adjusted by Change Order and included profit; no adjustment for * Performance would have been suspended, delayed, or interrupted by another cause for which Contractor responsible

Answer 105

* Owner may terminate Contract for convenience and without cause * Contractor shall * Cease operations * Take action to protect and preserve the Work * Terminate all Subcontracts and Purchase Orders * **_Contractor entitled to_** * **_Payment for Work executed_** * **_Costs for termination_** * **_Termination fee_** * Note : Payment of profit and overhead on the Work not executed eliminated in 2017

Answer 106

ARTICLE 15 CLAIMS AND DISPUTES

Answer 107

* Demand or assertion by one party seeking payment of money or other relief with respect to Contract terms * Includes other disputes and matters in question * Party making claim responsible for substantiation * Must be initiated by written notice to other party, Initial Decision Maker and Architect within 21 days after * Occurrence of event giving rise to claim * Condition giving rise to claim first recognized * Pending resolution * Contractor shall proceed with the Work * Owner should continue to make payments

Answer 108

* If Contractor wishes to make claim for increase in Contract Sum, written notice required prior to executing the Work * If Contractor wishes to make claim for increase in Contract Time, written notice required with cost estimate and probable effect of delay on progress * If weather conditions are basis of claim for additional time * Claim should be documented substantiating conditions were abnormal * Conditions could not have been anticipated * Conditions had adverse effect on scheduled construction

Answer 109

* Contractor and Owner waive claims against each other for consequential damages (usually a result of not completing the Work on schedule) * Damages incurred by Owner for * Rental expenses * Loss of use, income, profit, financing, business and reputation * Loss of management or employee productivity or services * Damages incurred by Contractor for * Principal office expenses including personnel compensation * Loss of business and reputation * Loss of anticipated profit **_Resolve claims as quickly as possible - later ones may overlap_** This does not include Liquidated Damages

Answer 110

Time Limits on Claims * Owner and Contractor commence claims and causes of action against other according to * Agreement stipulations * Within time period specified by law, but not more than 10 years after Date of Substantial Completion

Answer 111

* Comments: Evaluation of a Contractor’s claim often requires input from professional cost and schedule consultants, once it’s been determined to be a valid claim. * Cost consultants have detailed information necessary to substantiate or rebut the costs requested by the Contractor. * Schedule consultants are essential in evaluating delays, especially determining how delays affect the critical path activities along with any concurrent delays and how these may result in a Contract time extension.

Answer 112

* Claims referred to Initial Decision Maker for initial decision * Initial Decision Maker reviews claim and take one of following actions * Request additional supporting data * Reject claim in whole or in part * Approve claim * Suggest compromise * Advise parties unable to resolve claim * Initial decision shall be final and binding, but subject to mediation, and if that fails, to binding dispute resolution * Either party may file for mediation of an initial decision

Answer 113

* **_Claims, disputes or other controversial matters subject to mediation as a condition precedent to binding dispute resolution_** * Parties should endeavor to resolve claims by mediation, unless parties agree otherwise * Fees shared by both parties * Agreements reached are enforceable as settlement agreements in any court having jurisdiction

Answer 114

* If selected as method for **_binding_** dispute resolution, **_claims not resolved by mediation subject to arbitration_** * Award rendered is final and judgment may be entered upon it according to applicable law in any court having jurisdiction * Either party may consolidate an arbitration under this Agreement with any other arbitration to which it is a party under certain conditions

Answer 115

Professionals are required to be licensed and highly educated; Society expects licensed professionals (A/E’s & GCs) to practice and achieve a professional standard of care. Higher standard than the average person. Standard of reasonable care: _Same course of action as another reasonable & prudent professional peer, under the same circumstances._ If not, then _professional may be considered negligent_ in performance

Answer 116

A/E’s are responsible for designing a facility at minimum to comply with all: * Laws, statutes, ordinances, codes, rules and regulations and lawful orders of the Authority Having Jurisdiction (AHJ). Contractors and all project stakeholders share in this responsibility during construction.

Answer 117

* Contractor is entitled to rely on Contract Documents to be sufficient for their intended purpose. * Contractor is not responsible for the consequences of defects in the Contract Documents. * For example: errors, inconsistencies, * CD’s need to be: * Clear, concise, complete and correct * The 4 C's of CSI. * CDs need to be at the same level of detail.

Answer 118

Courts will interpret specifications in the same manner as they interpret contracts according to these rules: * Autonomy to Contract: * Both parties are free to determine the terms of the Agreement * Entire Agreement: * Review of all documents to establish the intention of the parti?? * Specific take precedence over General (project specific vs. general information or printed provisions) * Trade Customs (customs and practices of Industry or trade) * Practical Interpretation (provisions interpreted based on practical meanings) * Construction Against the Drafter (concept of superior knowledge of author)

Answer 119

**AIA B101 - Agreement** * Agreement for Design Contract * Third Party Obligations **AIA A101 - Agreement** * Construction Contract **AIA A201 - General Conditions** * Construction Contract * Third Party Obligations

Answer 120

As previously noted there are also EJCDC parallel documents. EJCDC “contract cousin" to AIA Contracts AIA A201 = EJCDC C700 AIA B101 = EJCDC D500 The key is that Contract families need to match; Consensus Docs also have parallel documents, however each contract family has variances that can have a major impact on the Architect/Engineer.