PART 2 ADMINISTRATION OF THE CONTRACT Flashcards

1
Q

GC 2.1 - AUTHORITY OF THE CONSULTANT

2.1.1

A

The consultant will have authority to act on behalf of the owner only to the extent provided in the contract documents, unless otherwise modified by written agreement as provided in paragraph 2.1.2.

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2
Q

GC 2.1 - AUTHORITY OF THE CONSULTANT

2.1.2

A

The duties, responsibilities and limitations of authority of the consultant as set forth in the contract documents SHALL be modified or extended only with the written consent of the owner, the consultant and the contractor.

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3
Q

GC 2.2 - ROLE OF THE CONSULTANT

2.2.1

A

The consultant will provide administration of the contract as described in the contract documents.

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4
Q

GC 2.2 - ROLE OF THE CONSULTANT

2.2.2

A

The consultant will visit the place of the work at intervals appropriate to the progress of construction to become familiar with the progress and quality of the work and to determine if the work is proceeding in general conformity with the contract documents.

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5
Q

GC 2.2 - ROLE OF THE CONSULTANT

2.2.3

A

If the owner and the consultant agree, the consultant will provide at the place of the work, one or more project representatives to assist in carrying out the consultant’s responsibilities.

The duties, responsibilities and limitations of authority of such project representatives SHALL be as set forth in writing to the contractor.

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6
Q

GC 2.2 - ROLE OF THE CONSULTANT

2.2.4

A

Based on the consultant’s observations and evaluation of the contractor’s applications for payment, the consultant will determine the amounts owing to the contractor under the contract and will issue certificates for payment as provided in article A-5 of the agreement:

PAYMENT, GC 5.3 - PAYMENT and GC 5.5 - FINAL PAYMENT

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7
Q

GC 2.2 - ROLE OF THE CONSULTANT

2.2.5

A

The consultant will not be responsible for and will not have control, change or supervision of construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs required in connection with the work in accordance with the applicable construction safety legislation, other regulations or general construction practice.

The consultant will not be responsible for the contractor’s failure to perform the work in accordance with the contract documents.

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8
Q

GC 2.2 - ROLE OF THE CONSULTANT

2.2.6

A

Except with respect to (GC 5.1 - FINANCING INFORMATION REQUIRED OF THE OWNER), the consultant will be, in the first instance, the interpreter of the requirements of the contract documents.

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9
Q

GC 2.2 - ROLE OF THE CONSULTANT

2.2.7

A

Matters in question relating to the performance of the work or the interpretation of the contract documents shall be initially referred in writing to the consultant by the party raising the question for interpretations and findings and copied to the other party.

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10
Q

GC 2.2 - ROLE OF THE CONSULTANT

2.2.8

A

Interpretations and findings of the consultant shall be consistent with the intent of the contract documents. In making such interpretations and findings the consultant will not show partiality to either the owner or the contractor.

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11
Q

GC 2.2 - ROLE OF THE CONSULTANT

2.2.9

A

The consultant’s interpretations and findings will be given in writing to the parties within a reasonable time.

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12
Q

GC 2.2 - ROLE OF THE CONSULTANT

2.2.10

A

With respect to claims for a change in contract price, the consultant will make findings as set out in

GC 6.6 - CLAIMS FOR A CHANGE IN CONTRACT RULE.

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13
Q

GC 2.2 - ROLE OF THE CONSULTANT

2.2.11

A

The consultant WILL HAVE AUTHORITY to reject work which in the consultant’s opinion does not conform to the requirements of the contract documents.

Whenever the consultant considers it necessary or advisable, the consultant WILL HAVE AUTHORITY to require inspection, or testing of work, whether or not such work is fabricated, installed or completed.

HOWEVER, neither the authority of the consultant to act nor any decision either to exercise or not to exercise such authority shall give rise to any duty or responsibility of the consultant to the contractor, subcontractor, supplier, or their agents, employees, or other persons performing any of the work.

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14
Q

GC 2.2 - ROLE OF THE CONSULTANT

2.2.12

A

During the progress of the work the consultant will furnish supplemental instructions to the contractor with reasonable promptness or in accordance with a schedule for such instructions agreed to by the consultant and the contractor.

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15
Q

GC 2.2 - ROLE OF THE CONSULTANT

2.2.13

A

The consultant will review and take appropriate action upon shop drawings, samples and other submittals by the contractor, in accordance with the contract documents.

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16
Q

GC 2.2 - ROLE OF THE CONSULTANT

2.2.14

A

The consultant will prepare change orders and change directives as provided in

GC 6.2 - CHANGE ORDER
GC 6.3 - CHANGE DIRECTIVE.

17
Q

GC 2.2 - ROLE OF THE CONSULTANT

2.2.15

A

The consultant will conduct reviews of the work to determine the date of substantial performance of the work and verify that ready-for-takeover has been attained.

18
Q

GC 2.2 - ROLE OF THE CONSULTANT

2.2.16

A

All certificates issued by the consultant will be to the best of the consultant’s knowledge, information and belief. By issuing any certificate, the consultant does not guarantee the work is correct or complete.

19
Q

GC 2.2 - ROLE OF THE CONSULTANT

2.2.17

A

The consultant will receive and review written warranties and related documents required by the contract and provided by the contractor and will forward such warranties and documents to the owner for the owner’s acceptance.

20
Q

GC 2.2 - ROLE OF THE CONSULTANT

2.2.18

A

If the consultant’s engagement is terminated, the owner shall immediately engage a consultant against whom the contractor makes no reasonable objection and whose duties and responsibilities under the contract documents will be that of the former consultant.

21
Q

GC 2.3 - REVIEW AND INSPECTION OF THE WORK

2.3.1

A

The owner and the consultant SHALL have access to the work at all times.

The contractor SHALL provide sufficient, safe and proper facilities at all times for the review of the work by the consultant and the inspection of the work by authorized agencies.

If parts of the work are in preparation at locations other than the place of the work, the owner and the consultant SHALL be given access to such work whenever it is in progress.

22
Q

GC 2.3 - REVIEW AND INSPECTION OF THE WORK

2.3.2

A

If work is designated for tests, inspections or approvals in the contract documents, by the consultant’s instructions, or by the laws or ordinances of the place of the work, the contractor SHALL give the consultant reasonable notification of when the work will be ready for review and inspection.

The contractor SHALL arrange for and SHALL give the consultant reasonable notification of the date and time of inspections by other authorities.

23
Q

GC 2.3 - REVIEW AND INSPECTION OF THE WORK

2.3.3

A

The contractor SHALL furnish promptly to the consultant two copies of certificates and inspection reports relating to the work.

24
Q

GC 2.3 - REVIEW AND INSPECTION OF THE WORK

2.3.4

A

If the contractor covers, or permits to be covered, work that has been designated for special tests, inspections or approvals before such special tests, inspections or approvals are made, given or completed, the contractor SHALL, if so directed, uncover such work, have the inspections or tests satisfactorily completed, and make good covering work at the contractor’s expense.

25
Q

GC 2.3 - REVIEW AND INSPECTION OF THE WORK

2.3.5

A

The consultant may order any portion or portions of the work to be examined to confirm that such work in accordance with the requirements of the contract documents.

If the work is not in accordance with the requirements of the contract documents. The contractor SHALL correct the work and pay the cost of examination and correction.

If the work is in accordance with the requirements of the contract documents, the owner SHALL pay the cost of examination and restoration.

26
Q

GC 2.3 - REVIEW AND INSPECTION OF THE WORK

2.3.6

A

The contractor SHALL pay the cost of making any test or inspection, including the cost of samples required for such test or inspection, if such test or inspection is designated in the contract documents to be performed by the contractor or is required by the laws or ordinances applicable to the place of the work.

27
Q

GC 2.3 - REVIEW AND INSPECTION OF THE WORK

2.3.7

A

The contractor SHALL pay the cost of samples required for any test or inspection to be performed by others if such test or inspection is designated in the contract documents.

28
Q

GC 2.4 - DEFECTIVE WORK

2.4.1

A

The contractor SHALL promptly correct defective work that has been rejected by the consultant as failing to conform to the contract documents whether or not the defective work was incorporated in the work or the defect is the result of poor workmanship, use of defective products or damage through carelessness or other act or omission of the contractor.

29
Q

GC 2.4 - DEFECTIVE WORK

2.4.2

A

The contractor SHALL make good promptly other contractor’s work destroyed or damaged by such corrections at the contractor’s expense.

In other words the contractor is responsible for fixing any other contractors work that has been destroyed due to corrections done.

30
Q

GC 2.4 - DEFECTIVE WORK

2.4.3

A

If in the opinion of the consultant it is not expedient (convenient or practical) to correct defective work or work not performed as provided in the contract documents, the owner may deduct from the amount otherwise due to the contractor the difference in value between the work as performed and that called for the contract documents.

If the owner and the contractor do not agree on the difference in value, they SHALL refer the matter to the consultant for a finding.