Lecture 2: Contract Parties Flashcards
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Who are the 8 parties of a contract?
- Owner 2. Architect/engineer 3. General or Prime contractor 4. Subcontractors 5. Suppliers 6. CM 7. Government 8. General Public
Authorizes the work and eventually pays for its execution.
Owner (Client)
Designs the project. May be involved in supervision during execution.
Architect / Engineer
Heads the execution or construction team. Has a direct contract with the Owner and other contracts with his subs, manufacturers, and suppliers.
General or Prime contractor
Work under the leadership and supervision of the GC to perform specialty work. Have no direct contract with owner.
Subcontractors
Supply materials and equipment to GC or his subs. Have no direct contract with the owner. Selected by GC or subs unless nominated by Owner.
Suppliers
Could be agency or at-risk. Owner’s agent during the execution or construction phase.
CM
Issuing and enforcing regulations, codes, permits, etc.
Government
As users or as third party to the contract.
General public
Which method has one prime general contractor?
General Contract Method
Which contract method has several GC’s?
Separate contracts method
This contract method as no GC. The Owner and the A/E are at the top. This is also known as the Self performance Approach.
Force account method
This contract method has the Owner on top and the Designer/builder underneath. (consolidation of Responsibilities)
Design - Build approach
A principle of contract interpretation is that the document must be read as a ____.
Whole
A principle of contract interpretation is that the contract will be construed against the drafter_____.
(Contra Proferntem)
A principle of contract interpretation is that the document supercedes all _____.
Previous discussions
A principle of contract interpretation is that the document’s specific terms govern and override _____.
the general terms
A principle of contract interpretation is that the document must read in the ____.
context of the trade
A purpose of the contract documents is to ____ detailed description of the _____.
works
A purpose of contract documents is to provide documentation of the _____.
agreement between parties
A purpose of contract documents is provide a means of ___ between parties.
communication
A purpose of contract document is to provide an ____ of project cost.
estimate
A purpose of contract documents is to assist the _______ in the performance of their duties.
field forces
A purpose of the contract documents is to guarantee and ensure the _______.
quality of performed work.
The contract document are mostly prepared by the owner’s agents
(namely the A/E and the CM)
The ______ keeps ownership of the creative part of the documents (Unless otherwise stated)
Design professional
_____ should be clearly stated in the contract.
Dispute resolution methods
Several parties use the contract documents during the different project phases.
Banks, Suppliers, manufacturers, lawyers, estimators, users, inspectors, government agencies, etc.
The owner is on top. The CM and A/E are under him. Under the CM and the A/E is the GC.
Professional construction management approach or (ACM)
In this scenario the CM is acting like the GC.
Construction manager at-risk
