misc Flashcards
Who is responsible for coordinating with agencies when testing must be conducted?
The contractor is responsible for coordinating with agencies when testing must be conducted.
What are two components that have the greatest impact on a contractor’s bid?
Labor and materials have the greatest impact on a contractor’s bid.
As-built drawings
As-built drawings are typically prepared by the general contractor to the original drawings indicating on-site changes made to the project.
Record drawings
Record drawings are drawn and compiled by the architect as a set of on-site changes made specifically for the owner as per the architect and owner contract.
4 types of SCHEDULES:
BAR / GANTT CHARTS: BIG PROJECTS, most often used type, also during construction
The disadvantage of the Gantt chart is that it does not show the dependency of tasks to each other and it does not show which tasks are ‘critical’ to finishing the project on time. This is where the Critical Path Method (CPM) comes in.
(CPM) CRITICAL PATH METHOD:
this process determines which activities are “critical” (i.e., on the longest path) and which have “total float” (i.e., can be delayed without making the project longer)
-Critical path drag analysis allows managers to prioritize activities for the effective management of project, and to shorten the planned critical path of a project by pruning critical path activities, by “fast tracking” (i.e., performing more activities in parallel), and/or by “crashing the critical path” (i.e., shortening the durations of critical path activities by adding resources).
MILESTONE CHARTS: SMALL PROJECTS
WALL SCHEDULE: analog, whole project team, pm prepares major items to be placed on wall, at beginning of medium to big project, not during construction, converted to bar chart when set
Statute of limitations
Statute of limitations - only starts after the defect is discovered
Statute of repose
Statute of repose - timeframe in which claims must be made, begins on the date of substantial completion. Time limits for each statute are quite different across all states, but usually, the statute of repose has a longer time frame than the statute of limitations.
Agency
Agency - For agency to occur there must be 3 parties: principal, agent, and a third party
Negligence
Negligence
legal duty established between 2 parties
BREACH OF THAT DUTIE
BREACH OF DUTIE CAUSED DAMAGE OR INJURY
Betterment
Betterment is an improvement that adds value to a property or facility.
It involves consideration of both measure of damages and mitigation. Generally, if repair works are carried out to a higher standard than was necessary, the betterment will be deducted from any damages claimed. However, if the claimant had no choice other than to carry out the works in that way, then no deduction will be made.
Privity
Privity - a contract cannot be used for a legal claim except by those who are parties to it.
a contract cannot confer rights or impose obligations upon any person who is not a party to the contract. The premise is that only parties to contracts should be able to sue to enforce their rights or claim damages as such.
Vicarious liability
Vicarious liability is a form of a strict, secondary liability that arises under the common law doctrine of agency, respondeat superior, the responsibility of the superior for the acts of their subordinate or, in a broader sense, the responsibility of any third party that had the “right, ability or duty to control” the activities of a violator.
Typically, the architect’s project representative can handle most tasks with the exception of approving and rejecting work, which remain part of the architect’s authority.
Indemnity clauses
Indemnity clauses are intended to keep parties from being brought into lawsuits for issues that arise which are beyond their control. Indemnification clauses hold harmless both owner and architect for claims resulting from the performance of work by the contractor or others with whom the architect has no contractual relationship.
The Spearin Doctrine
The Spearin Doctrine is the difference between defect-free documents and an architect’s professional standard of care. Costs associated with the Spearin Doctrine are borne by the owner, as the architect developed them in accordance with the standard of care and not as a result of negligence. This is not a case where betterment comes into play. The contractor is not liable for loss or damage as a result of defective designs, plans, or specifications
Is the architect responsible for meeting performance standards?
No, Meeting performance standards depends on many factors outside the architect’s control, including maintenance and operations, manufacturing, and installation.
Mediation
Mediation
Per aia required first step
Not legally binding
Parties try to come to a settlement
Arbitration
Arbitration
Select decision maker / no juries
Private
Faster
Limited discovery
Lower attorney fee
Higher hard cost
Litigation
Litigation
Appointed decision maker
Public
slower
Unlimited discovery
Higher attorney fee
Lower hard cost
general obligation bond
general obligation bond is a municipal bond backed by the credit and taxing power of the issuing jurisdiction, rather than the revenue from a given project. Big Public projects are usually financed like that. General obligation bonds are issued with the belief that a municipality will be able to repay its debt obligation through taxation or revenue from projects.
performance bond aka contract bond
performance bond aka contract bond - guarantee by surety that sufficient funds will be available to complete the project, should contractor default during construction
Bid Bond
Bid Bond - type of bid security that bidders submit along with their bid. Gets returned if not selected. If selected contractor does not do work according to bid, owner gets to keep it.
Payment bond
-Payment bond: labor & materials payment bond - guaranteeing that contractor will pay subs and vendors - protects against mech liens
Revenue bonds
Revenue bonds finance projects that generate revenue. The money made by the project goes to paying off the bonds. Toll roads and bridges are examples of projects paid for by revenue bonds.
mill levy
-A mill levy is used to set property tax rates. For example, if the mill levy is 20, the tax is $20 for every $1000 of assessed property value
Phases of IDP Project Delivery
Phases of IDP Project Delivery
Conceptualization
This is when collaboration is most crucial. The key project participants will assemble to analyze any potential issues relying on each others’ various fields of expertise.
Design
All the evaluations from the conceptualization phase are now integrated with the main project goals and regulatory considerations to optimize costs and reduce waste.
Implementation
It’s during this phase where the computer-modeling software comes into play. By inputting all the information gathered from the project teams and the design phase, the software will then crunch the raw data and predict the project’s performance and outcome.
Construction
This is when all the benefits of collaboration and careful planning comes to fruition. If the previous phases were performed properly, this phase should be relatively painless, resulting in minimal delays, waste, and scheduling problem
IDP - During pre-construction architect is involved in?
Agency review
- includes early involvement of permitting agencies, authority have a dress diction a HJ in the building code review process. Tim data may be shared to streamline process. Architect would work with a HJ to ensure code compliance.
Buyout
- selecting suppliers and finalizing prices from any remaining subcontractors and vendors not part of IPD. No bidding, negotiating, because key stakeholder is already involved.
B101
Basic services: (outside of design phases)
Research applicable design criteria
Attend project meetings
Comunicate w members of the project team
Report progress to the owner
Coordinate arch’s services w/owners provided services/ consultants
Schedule for arch services, as soon as applicable after signing of contract
Surety
-Surety - bonding agency, company that puts up money (gc is licensed and bonded, have a license and have surety)
Responsible bidder:
-Responsible bidder: demonstrates financial capacity to do the work
Responsive bid
-Responsive bid: all bidding requirements have been met
VBS
-VBS - value based selection - multiple criteria
QBS
-QBS - qualifications based selection
