Multiple Choice Flashcards
Which of the following types of business entities is the easiest to form?
A. C corp B. LLC C. Sole Proprietorship D. S corp E. Partnership
C - Sole proprietorship is the type of business entity that is easiest to form. It also does not provide any legal protection for the sol proprietor in case of business debt or financial obligations. All business profits or losses are reported on the sole proprietor’s personal tax returns.
Which of the following is NOT considered a disadvantage of a partnership business structure?
A. Exposure to liability caused by another partner.
B. Any profits must be shared among partners.
C. Limited liability protection
D. Initial start-up costs
D - Initial start-up costs are not considered a disadvantage of a partnership business structure. The start-up costs of a partnership are generally not that high. The disadvantages of partnerships include limited liability protection, the exposure to liability caused by another partner, and the necessity of sharing any profits among the partners.
Minimum hourly wages, overtime requirements, and salaried employee qualifications for overtime are detailed in which regulation?
A. Social Security Act B. Fair Credit Reporting Act C. American with Disabilities Act D. Civil Rights Act E. Fair Labor Standards Act
E - The Fair Labor Standards Act details the minimum hourly wages, overtime requirements, and salaried employee qualifications for overtime.
Which of the following are associated with implied duty?
A. Building codes B. Building regulations C. Contracts D. Code of ethics E. Zoning documents F. All of the above G. None of the above
D - Following a code of ethics is associated with implied duty. The other choices relate to stated duty. The AIA Code of Ethics and Professional Conduct provides guidelines and rules for fulfilling an architect’s obligations to the public, clients, users of architecture, the profession, and professional colleagues in the building industry. The obligations under the AIA Code of Ethics exist in addition to those required by the rules of professional conduct developed by individual states and other jurisdictions that regulate architectural practice.
The following description applies to which cannon from the AIA Code of Ethics and Professional Conduct?
“Members should maintain and advance their knowledge of the art and science of architecture, respect the body of architectural accomplishment, contribute to its growth, thoughtfully consider the social and environmental impact of their professional activities, and exercise learned and uncompromised professional judgement.”
A. Canon I: General Obligations
B. Canon II: Obligations to the Public
C. Canon III: Obligations to the Client
D. Canon IV: Obligations to the Profession
E. Canon V: Obligations to Colleagues
F. Canon VI: Obligations to the Environment
A - Canon I: General Obligations from the AIA Code of Ethics and Professional Conduct begins with the following statement: “Members should maintain and advance their knowledge of the art and science of architecture, respect the body of architectural accomplishment, contribute to its growth, thoughtfully consider the social and environmental impact of their professional activities, and exercise learned and uncompromised professional judgement.
Regarding the financial health of a firm, which of these must be taken into consideration?
A. Solvency B. Profitability C. Liquidity D. All of the above E. None of the above
D - The financial health of a firm takes into consideration profitability, liquidity, and solvency. profitability is the effectiveness of generating more income than expenses; liquidity is the proficiency of converting resources into cash when required; and solvency is the ability to pay bills on time.
If an architectural firm has an indirect expense factor of 1.33, for each $1.00 of DSE (direct salary expense), what is the indirect expense required?
A. $0.33 B. $0.75 C. $1.00 D. $1.33 E. $2.33
D - The total amount of indirect expenses, divided by the total of direct salary expenses ( DSE) produces the indirect expense factor. The indirect expense factor is a ratio that typically ranges from 1 to 2.
A value of 1.33 would mean that $1.00 in direct salary expense requires $1.33 in indirect, overhead expense, or $1.33 of indirect expense is required for each $1.00 of DSE.
Which of the following is NOT a requirement that needs to be met for an architect to be sued for negligence?
A. Cause B. Breach C. Damage D. Duty E. Agency
E - For an architect to be successfully sued based on negligence, four conditions must be met:
- Duty. The architect must have an obligated duty to the suing party.
- Breach. The architect did something that he should not have done or failed to do something that he should have done.
- Cause. The actions or non-actions of the architect are the cause of the harm to the party bringing the suit.
- Damage. Actual harm occurred to the suing party because of the breach by the architect.
Agency is when a person or entity represents someone else and acts on that person’s behalf.
Which type of insurance would protect the architect for incorrect specifications?
B - Professional liability insurance protects the architect in case some action by the architect causes bodily injury, property damage, or other damage. Professional liability insurance can also be call malpractice insurances or errors and omission (E&O) insurance. It covers problems related to incorrect specifications, mistakes on drawings, and negligence.
Under which of the following would a certificate of occupancy issuance date be used as the beginning of the time period during which it is permissible to bring suit against the architect for professional negligence?
A. Statutes of repose B. Statutes of occupancy C. Statutes of liability D. Statutes of negligence E. Statutues of limitations
A - In statutes of repose, the beginning of the time period during which a legal action must be filed is based on the building’s certificate of occupancy or the completion date of construction. In statutes of limitation, the beginning of the time period is based on the discovery of the defect in the project or when an injury occurs.
Which AIA document requires that the architect maintain project files?
A. Owner-Architect Agreement
B. General Conditions
C. Project Data
D. None of the above
D - None of the AIA documents listed requires the architect to maintain project files. However, it is good business practice to do so.
Which three of the following are important administrative tasks of the architect?
A. Processing of shop drawings and samples
B. Evaluation and preparation of change orders
C. Coordinating the work of contractors and subcontractors
D. Certifying payment applications
A, B, D - Processing shop drawings and samples, Evaluating and preparing change orders, and certifying pay applications are all included in the architect’s services during the construction phase under the AIA Owner-Architect Agreement (B201). Coordinating the work of contractors and subcontractors is specifically excluded and could expose the architect to professional liability claims.
A Project Representative is selected, employed, and directed by the:
A. Architect
B. Owner
C. Contractor
D. Clerk of the works
A - A project rep is employed by the architect.
A clerk of the works is generally employed by the:
A. Architect
B. Owner
C. Contractor
D. Project representative
B - A clerk of the works is employed by the owner.
Nothing from the project file should be thrown away until:
A. a reasonable period of time after the completion of the construction.
B. Two years have passed.
C. the expiration of the statute of limitations.
D. The bonding company gives its approval.
C - Nothing should be thrown away until the expiration of the statute of limitations applicable to the architect’s services or to the project.
Record drawings noting the exact location of construction elements in a set of drawings when a change is made are the responsibility of who?
The Contractor - Record drawings, which show field changes during construction that vary from the information in the working drawings, are generally done by having the contractor mark up the changes on a set of prints at the site.
The architect’s duties and responsibilities in connections with manufacturers’ warranties are limited to which of the following?
A. Forwarding the documents from the contractor to the owner.
B. Verifying that the warranties are legally sufficient
C. Furnishing evidence to the owner that the kind and quality of materials and equipment are satisfactory.
D. Negotiating with the manufacturer in the event that the work is not of good quality or is defective.A
A - According to the AIA Owner-Architect Agreement, the architect’s responsibilities regarding warranties are limited to forwarding the documents from the contractor to the owner.
A contractor is obligated to leave a project “broom clean,” but fails to do so. What should the architect do?
A. Hire a professional cleaning firm and charge its fee to the contractor.
B. Have the owner issue a change order to have the work performed by others.
C. Stop work, thus stopping final payment
D. Nothing
B - According to the AIA General Conditions (A201), the owner may clean up and be entitled to reimbursement from the contractor who has failed to clean up as required.
If a contractor is unable to get a release of lien from a subcontractor, the contractor can
A. deduct the amount from the owner’s final payment.
B. have the architect negotiate a settlement with the subcontractor.
C. drawn upon the performance bond.
D. furnish a new bond to the owner to indemnify the owner.
D - If a subcontractor refuses to furnish a lien release to the contractor, there is a strong possibility that the subcontractor intends to file a lien. Therefore, to protect the owner, the general contractor can furnish a new bond.
If an owner feels that a project is not progressing fast enough, he or she should
A. ask the contractor for an explanation
B. ask the architect to request an explanation from the contractor.
C. bring in an independent management consultant.
D. Fire the contractor.
B - if an owner believes that a project is not progressing fast enough, he/she should ask the contractor for an explanation through the architect as provided by the AIA general conditions (A201). If the contractor is not responsive, the owner may terminate the contract.
Work that was subjected to special testing at the request of the architect is found to be in compliance with the contract requirements. Who must pay for the test?
A. The Architect.
B. The Contractor.
C. The Owner.
D. The Testing Company.
C - The owner. According to the AIA General Conditions (A201) Special Testing costs are to be paid by the contractor so long as those tests are included as requirements prior to bids are received or negotiations are concluded.
The owner will bear the costs of testing that becomes required after bid/negotiation is concluded or applicable laws/regulations prohibit delegating the cost to the contractor.