Party Responsibilities - ARCHITECT

Question 1

Architect rights & responsibilities- A201 / B101 [ B102 + B201 ]

• BASIC SERVICES

Answer 1

1. Schematic Design Phase Services
2. Design Development Phase Services
3. Construction Document Phase Services
4. Bidding OR Negotiation Phase Services
   - provide to the owner, either bidding or negotiation NOT BOTH.
5. Construction Phase Services
6. Customary Structural / Mechanical / Electrical engineering services,using consultants
7. architect and consultants are required to prepare COST ESTIMATE

Question 2

During CONSTRUCTION ADMINISTRATION phase

Answer 2

Must:
1. Evaluating the work through observations
2. Inspecting the work at substantial completion and final completion
Below are 3 MOST important requiring proper Administrative procedures :
3. Processing Submittals
4. Evaluation and preparation of change orders
5. Certification of payment application

Question 3

ADDITIONAL SERVICES

Answer 3

1. required by owner or arising during the course of the Project with PRIOR APPROVAL from the owner, should be LISTED in the B101, and the architect should be compensated for them.
2. Extensions of the architect’s Construction Phase services EXCEEDING the time limit set in B101 as additional services shall be compensated by the owner.
3. To AVOID DELAY, and as an additional service with prior approval of the owner, to the extent the architect basic services are affected, the architect will provide Construction Phase services 60 DAYS AFTER the date of SUBSTANTIAL COMPLETION or after the anticipated date of substantial completion identified in Initial Information ( B101 - Exhibit A ) whichever is earlier.

Question 4

ROLES

Answer 4

1. is an INTERMEDIARY between the owner and contractor.
2. represents the owner’s interest in determining when the work is , or is not, in accordance with the contract documents.
3. assumes PRIMARY responsibility and liability to the owner for the ACCURACY and COMPLETENESS of the work of the architect’s consultants.
4. A201
   - -> has the PRIMARY role in settling DISPUTES and CLAIMS, if chosen to be the IDM - initial decision maker. The architect as initial responsibility for judging whether the contractor and the owner are fulfilling their respective contractual responsibilities.
   - -> REQUIRES that both the owner and contractor to ASK the architect for an INITIAL DETERMINATION when disputes arise, excluding those arising of claims for hazardous materials, emergencies, and the owner as FIDUCIARY.
   - -> in regards to IDM, the architect CANNOT be held liable for the consequences of any decisions made in good faith, regardless of whether the decisions favor the owner or the contractor.
5. has FINAL DECISION for aesthetics, if consistent with the intent of the contract documents.
6. shall NEVER ACT UNILATERALLY - act on behalf of one party - concerning general. supplementary, and special conditions.
7. ONLY advises on technical matters WITHIN their training and experience, in regards to construction contracts.
8. DOES NOT PREPARE construction contracts or apply the law to specific contractual matters.
9. can ADVISE clients to use AIA forms.
10. can be called as a witness in any ensuring arbitration proceeding. Witness services are considered to be a change in services that must therefore be compensated.

Question 5

RIGHTS

Answer 5

1. architects and consultants OWNS drawings and specifications
2. attempts to be accurate but makes no warranties to the owner that cost or estimate will not vary from original set budget by the owner. The cost estimates represent his/her best judgment.

Question 6

RESPONSIBILITIES

Answer 6

1. Should not advise owners on the legal sufficiency of required affidavits, waivers, or release of liens in construction contracts ; this is the responsibility of the owner’s legal advisors.
2. MUST PROMPTLY Review, Approve, and take appropriate Action on shop drawings the contractor submits, only to DETERMINE if shop drawings CONFORM to the design concept and information given in the contract documents. Usually 10 DAYS.
3. should not review shop drawings unless they contain a STAMP of approval by the contractor.
4. MUST review the contractor’s SCHEDULE OF VALUES ( if contract is based on a stipulated sum or GMP ) to determine that appropriate values are assigned to each portion of the Work.
5. MUST review the contractor’s application for payment prior to submitting a certificate of payment to the owner - G702. Within 7 DAYS of receipt.
6. the right to NULLIFY ( void ) all or part of previous certifications for payment if it is necessary to protect the owner against:
   - Defective work that has not been corrected
   - Claims, or likelihood of claims by third parties
   - A contractor’s failure to pay subcontractors
   - Evidence that contract work cannot be completed for the unpaid balance of the contract sum
   - Damage to the owner or another contractor
   - Evidence that the contract work cannot be completed on time.
   - Contractors persistent failure to comply with contract documents.
7. should not review or enforce safety programs and procedures. Not responsible for site safety. However, it is the architect’s responsibility TO INFORM the owner, WARN the contractor, or other responsible parties about the hazards, so they can be corrected.
8. NO legal responsibility to enforce OSHA - safety.
9. can REJECT work that does not comply with the requirements of the contract documents.
10. MUST consult with the consultant for the portion of the work concerned before providing clarification or interpretation on submittals, change orders, and construction change directives.

Question 7

Responsibilities in regards of INSURANCE

Answer 7

1. should NEVER give insurance advice.
2. can assist the owner’s insurance agent in determining which and how much insurance is appropriate for the project - G612

Question 8

Responsibilities in regards to STARTING WORK

Answer 8

1. should provide all the necessary information, requirements and limitations of the project to the consultant in a timely manner- within 14 DAYS.

Question 9

Responsibilities in regards to DURING WORK

Answer 9

1. Shall have the authority to require inspection or testing of the work whether it is fabricated, installed or completed.
2. CONSTRUCTION ADMINISTRATION ( CA )
   - -> the words “ supervision” and “inspection” should not be used to describe the architects services during construction administration
   - -> is the owner’s agent and is authorized to act on behalf of the owner, whose identity should be disclosed, only to the extent set forth in the contract documents.
   - -> should provide administration of the contract between the owner and contractor.
   - -> Legal and insurance advice should never be provided by the architect to the owner.
   - -> should not get involved in how the contractor performs work, only whether the work performed meets the requirement of the contract documents.
   - -> should avoid direct contact with subcontractors and suppliers except in accordance with the contract documents.
   - -> if the owner requires extensive site visits, the architects may assign one or more of his/her staff as project representative(s) ==> this will be considered as a change in services and the architect must be compensated for that service.

Question 10

Responsibilities in regards to COMPLETION OF WORK