PCM Flashcards
What are the levels of a Corporation
Stakeholders
Directors
Officers
Insurance Types
- general liability: covers physical office space
- professional liability: covers errors and omissions
- workers comp: covers employees injuries or illness-medical care and lost wages
- automobile liability: company vehicles
- employers liability: covers employers if they’re sued for causing a workplace injury
Standard of Care
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
Master Format
Uniformat
Format types for specs
Master format: classifies by material
Uniformat: classifies by system (substructure, shell, etc.)
Employment Practice Liability Insurance
Insurance to protect from wrongful termination suit
IP Insurance
Insurance to cover claims based on copyright/IP infringements
Owner Responsibilities
Pre-existing site conditions (geological, hazardous materials, surveying)
Paying contractor
Paying owner’s consultants
Change orders
Hiring and firing of architect
Insurance vocabulary
Aggregate Limit
Premium
Deductible
Claim
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
Tail insurance
Covers the architect’s projects after the architect retires
Covers projects still within the relevant statutes of limitations
Ethical complaint
- Filed through AIA National within a year of the alleged violation
- advisory board or chair is chosen
- pre-hearing, hearing, start, claim, defense, end, judgment (confidential, no counter claims, can’t fine or enforce behavior)
Who typically files ethical complaints?
Other architects
Homeowners
Fiduciary duty
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.
Retainer
Regular services for a fixed fee; more efficient than hourly over the long term. Eg. used by university architect
Agent
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.
Who contracts directly under the Architect and who contracts under the Owner.
Architect: MEP, lighting consultant, civil engineer, landscape architect, cost estimator, code consultant
Owner: zoning, traffic, site, geotechnical, surveyor, civil engineer
Contractor responsibilities
- “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
Architect Responsibilities
- 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
Fair Labor Standards Act
Davis Bacon Act
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
General liability insurance
covers the physical property of the firm
Professional liability insurance
covers the cost of mistakes made by the Architect, as well as disciplinary, regulatory, and administrative expenses
also called “errors and omissions” insurance
mechanics lien
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
OSHA
Occupational Safety and Health Administration
Common types of small business taxes
Federal and state income tax
Self employment tax
Personal property tax
Post occupancy evaluation
survey used to see how well a building is performing, usually administered at least a year after occupancy