PCM Flashcards

1
Q

What are the levels of a Corporation

A

Stakeholders
Directors
Officers

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2
Q

Insurance Types

A
  1. general liability: covers physical office space
  2. professional liability: covers errors and omissions
  3. workers comp: covers employees injuries or illness-medical care and lost wages
  4. automobile liability: company vehicles
  5. employers liability: covers employers if they’re sued for causing a workplace injury
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3
Q

Standard of Care

A

Expected quality of service for architect by area. The standard of care decides whether an architect is at fault when architect makes an error or omission

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4
Q

Master Format
Uniformat

A

Format types for specs
Master format: classifies by material
Uniformat: classifies by system (substructure, shell, etc.)

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5
Q

Employment Practice Liability Insurance

A

Insurance to protect from wrongful termination suit

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6
Q

IP Insurance

A

Insurance to cover claims based on copyright/IP infringements

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7
Q

Owner Responsibilities

A

Pre-existing site conditions (geological, hazardous materials, surveying)
Paying contractor
Paying owner’s consultants
Change orders
Hiring and firing of architect

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8
Q

Insurance vocabulary
Aggregate Limit
Premium
Deductible
Claim

A

Aggregate Limit: total coverage amount
Premium: monthly/yearly bill
Deductible: maximum paid by you prior to coverage kicking in
Claim: demand for payment after covered event

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9
Q

Tail insurance

A

Covers the architect’s projects after the architect retires

Covers projects still within the relevant statutes of limitations

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10
Q

Ethical complaint

A
  1. Filed through AIA National within a year of the alleged violation
  2. advisory board or chair is chosen
  3. pre-hearing, hearing, start, claim, defense, end, judgment (confidential, no counter claims, can’t fine or enforce behavior)
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11
Q

Who typically files ethical complaints?

A

Other architects
Homeowners

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12
Q

Fiduciary duty

A

A legal obligation to act in the owner’s best financial interest.
Architects do not serve as an owners fiduciary. Fiduciary duty is the highest standard of care that can be imposed by law; it far exceeds the standard of care stipulated in AIA contracts.

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13
Q

Retainer

A

Regular services for a fixed fee; more efficient than hourly over the long term. Eg. used by university architect

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14
Q

Agent

A

A legally binding relation between a third party and a principle. For instance, in a CM as Agent Project, the principal is the client and the Contractor is the third party.

Architects are not agents of the owner.

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15
Q

Who contracts directly under the Architect and who contracts under the Owner.

A

Architect: MEP, lighting consultant, civil engineer, landscape architect, cost estimator, code consultant
Owner: zoning, traffic, site, geotechnical, surveyor, civil engineer

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16
Q

Contractor responsibilities

A
  • “perfection” in construction
  • nothing outside the contract
  • paying and coordinating sub-contractors
  • providing owner operation manuals
  • design of specific systems (delegated design) for things like curtain wall details, concrete formwork, and steel fabricator shop drawings
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17
Q

Architect Responsibilities

A
  • ensuring project timeline and budget
  • instruments of service
  • standard of care and protecting health, safety, and wellness of public
  • coordination and administration of project team and processes
  • enforcement of contract terms (as able)
  • adherence to applicable codes

NOT: means and methods of construction, existing site conditions, safety on the job site, or anything outside the contract

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18
Q

Fair Labor Standards Act
Davis Bacon Act

A

Fair Labor Standards Arc: regulates minimum wage, overtime pay and child labor
Davis Bacon Act: contractors working on federal projects but pay workers at least the locally prevailing wages

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19
Q

General liability insurance

A

covers the physical property of the firm

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20
Q

Professional liability insurance

A

covers the cost of mistakes made by the Architect, as well as disciplinary, regulatory, and administrative expenses

also called “errors and omissions” insurance

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21
Q

mechanics lien

A

a claim places against owner’s property due to unpaid debt. Used when the contractor fails to pau subs or when owner does not pay architect. Land and building can be sold to settle the debts if the owner can’t pay cash

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22
Q

OSHA

A

Occupational Safety and Health Administration

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23
Q

Common types of small business taxes

A

Federal and state income tax
Self employment tax
Personal property tax

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24
Q

Post occupancy evaluation

A

survey used to see how well a building is performing, usually administered at least a year after occupancy

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25
Contractual liability insurance
Generally part of general liability insurance; covers you when something goes wrong and you are held responsible by virtue of a contract you signed. EG. worker signs release for when visiting quarry and sustains an injury. Firm would be held responsible by virtue of the release form signed
26
Subrogation
Process of the insurance company assuming agency for an insured party in order to sue another party. AIA A201 requires a subrogation to be waived by all parties (owner, contractor, architects, etc.). Thus, client's insurance may not chase down contractor in event of wrongdoing.
27
Utilization Rate Revenue Factor
Utilization Rate: direct salary / base salary Revenue Factor: utilization rate x direct salary expense ratio
28
Design fee types
- Value pricing: based on quality - Effort pricing: based on time spent - % Cost pricing: based on proportion of construction cost - Fixed fee
29
Risky contract language
- Warranty -Guarantee - Indemnify/Indemnification - "Highest" standard of care - As required/as necessary - Hold harmless
30
AIA A701; C401; A305; G701; G702; G704
A701: instructions to bidders C401: Architect-consultant agreement A305: Contractor's qualification statement G701: change order G702: Application and certificate of payment G704: Certificate of substantial completion
31
Net Profit; Net Billing; Profit to Earnings Ratio; Prospect/Suspect
- Net Profit: profit before tax and distributions to firm owners, but after paying wages and bills - Net Billing: billing that only covers fees for architect's labor - Profit to Earnings Ratio: net profit / net operating revenue - Prospect/Suspect: potential project with either a 51% or less than 50% chance of income generation
32
Consequential Damages Liquidated Damages Direct Damages
- Consequential Damages: lost profit due to project delays - Liquidated Damages: per-day penalty for project delay (agreed upon at the beginning). - Direct Damages: actual cost of fixing unacceptable work
33
Current Earnings
profit after taxes, operating expenses
34
Base salary Direct salary Indirect salary
- Base salary: total annual compensation - Direct salary: salary derived from billable hours - Indirect salary: salary from non-billable hours
35
AIA A201
outlines site and project specific conditions that modify the project from the typical
36
Cash basis vs. accrual basis accounting
Cash basis only considers what has already been earned Accrual basis considers money you are about to earn/pay out
37
Aged accounts receivable
average time between sending an invoice and receiving payment
38
Surety bond Bid bond Performance bond
- Surety bond: owner requires from contractor; pays the owner to complete the project if the contractor walks off. Come as either a bid bond or performance bond - Bid bond: covers difference between lowest and second lowest bid - Performance bond: covers remainder of construction costs should it be interrupted
39
Contractor License Bond
A type of surety bond that protects against contractor breaking insurance laws
40
Contractor's warranty
typically 1 year from substantial completion
41
Net operating revenue
All the money taken in from clients minus payments to consultants and reimbursable. NOR is the net revenue we have to: pay employees, pay utilities, profit
42
Chargeable rate
what the client pays the firm for an hour of your time
43
Billable revenue
Payment from the client for billable hours
44
Schedule performance index
Earned value / planned value This metric returns information about project schedule and efficiency
45
Firm structures: Expertise Experience Efficiency
- Expertise: exceptional talent or deep knowledge (Zumthor) - Experience: special programmatic areas, routine but complex (BBB) - Efficiency: simple, repeatable (developer suburbs)
46
Strategic Alliance
A temporary sharing or resources and risk to get and build a project. For example, and architect and engineer for an RFP
47
Overlay District
Additional zoning requirements for a defined area or town , regardless of the underlying base
48
Planned Unit Development
Change in the zoning/code for a specific plot in exchange for other good building practices or public amenities. Common in large scale, mixed use developments
49
LLC
- separates personal assets from company assets - small to medium sized company - file with state - profits must be paid as salary
50
S-Corp C-Corp B-Corp
S-Corp: no stocks, singly taxed, separates personal assets, profits can be paid as dividends C-Corp: large company with stocks, doubly taxed B-Corp: company with goals beyond profit seeking (environmental or social)
51
Contractor's Cost of Work
Includes: labor, materials, profit, overhead
52
Basic Services
- Instruments of Design - SD, DD, Bid, CD, CA, cost estimation, and coordination - Budget and schedule management - Codes and utilities - MEP engineering and structural engineering
53
CM as Agent
owner contracts with CM who acts as his agent with Architect and Contractor Less risky for owner than CM as advisor, since it gives more authority to CM and greater completion speed, with greater cost
54
Design bid build
- Owner contracts with the architect to draw, and then the Contractor who bids a fixed price based on those drawings. - Isolates architect from liability from contractor - Requires thorough contract documentation to avoid change orders and costly changes later on - Is generally less expensive since it creates competition in bidding phase - Requires lots of time for project completion, so it is not good when interest rates are high, and created the role of the construction manager
55
Construction Manager as Advisor
- Owner contracts Architect, Contractor and CM - Brings the CM on early as a consultant for the owner - CM represents owner to ensure timely delivery and works with architect to address issues of cost, buildability
56
Construction Manager as Constructor
- Owner contracts with Architect and CM (who also acts as the builder) at the same time - CM and architect are both engaged early in the project, unlike in typical design bid build - Quicker and less risk for the owner, but typically more expensive
57
Bridged Design Build
- Like design build, but owner engages a separate design architect, i.e. a “bridging consultant” to design the project through SD - Design build team is composed of contractor and production architect
58
Design Build
- Owner has a single contract with both architect and contractor - Less risk for the owner since both contractor and architect are working together from the beginning - Quicker because there is no bid process
59
Negotiated Select Team
- A type of DBB - Brings in contractor early (before drawing are complete) in the process so that portions of a project that are difficult to fabricate can begin early - Faster and higher quality - Negotiated bids generally produce better quality
60
Competitive bid
lowest immediate cost
61
Negotiated bid
owner selects a single trusted contractor and they negotiate a price for the project
62
Invited bid
competitive bid with specifically qualified contractors
63
Proposed bid
the owner negotiates for best quality out of the lowest four bids
64
AIA Agreement Types
A - owner contractor subcontractor sureties B - owner architect C - architect consultants D - miscellaneous E - specialty projects, processes, and services G - Project management and administration
65
Responsive vs responsible bid
responsive - bidder followed the bidding rules and accounted for everything in the drawings/specs responsible - bidder has the financial and technical wherewithal to build the project
66
Quality Management
intentional and formal process of developing and revising the instruments of service and internal firm systems
67
Additional vs Supplemental Services
Anything additional to the standard owner-architect contract. Supplemental services can be enumerated BEFORE design. These may may include offering more than one design option certified designs (leed) fast-track bim coordination interior design, FFE post occupancy evaluations A/V or security Additional services are not enumerated or anticipated in the standard contract (before design.) They arise during construction They are charged for hourly
68
Integrated Project Delivery
Owner, architect, and contractor each take ownership in a 4th business as an integrated team. Each entity shares in the risks of the project, and the rewards. The company will own and run the completed project. Common with larger, BIM projects.
69
Instruments of Service
Everything the architect created for the project, including the final CD set and specs, site analysis, notes, study models, cost estimates etc.
70
Architecture Billings Index
A running monthly economic indicator for construction activity. If greater than 50, there was growth.
71
Responsible control
The standard of knowledge over a drawing set (and instruments of service) required to stamp the work. You can stamp plans you didn't create, but you can't stamp plans you don't know. You can also stamp the work of consultants, as long as they are licensed.
72
Break even vs direct salary multiplier
break even: covers employee salary and associated overhead direct salary: also factors in profit for the firm
73
Spearin Doctrine
contractor has the right to expect accurate and proper plans and specs, and isn't liable for errors in them
74
Building Coverage Ration BCR
ratio of building footprint to site area
75
FAR
ratio of total floor area to site area
76
Profit loss statement
flow of money over a period of time (iincome)
77
Balance sheet
snapshot of equity (wealth, assets and liabilities)
78
Quick Ratio vs Current Ratio
measures of a firm's health quick ratio: all that a firm owns (cash, inventory, prepaid subscriptions) + accounts receivable / liabilities current ration: like quick ration but excludes inventory and prepaid expenses
79
A132
Owner contractor agreement when also using a CM as advisor or CM and agent
80
A133
Ownere CM (constructor) agreement
81
A195
IDP Agreement
82
C401
Architect-consultant agreement
83
G701
Change order
84
G702
Application for payment
85
G703
Continuation sheet (sidecar to the application for payment)
86
G704
Certificate of substantial completion
87
G716
RFI
88
B101
Owner Architect Agreement