PjM Basics - Contracts Flashcards
What are the main parts of AIA contract B101?
Owner- Architect Agreement
1. Architect must be on time and under budget (or no more than 10% over)
2. Architect must get a cost estimate after SD, DD, and CD
3. Excuse the architect from mistakes by owner’s consultants
4. Architect must visit the site 1 year after substantial completion
5.Owner can terminate for convenience
6.Claims must be brought within 10 Years
7.Allows for liquidated damages if a claim arises
What types of insurance does AIA Contract B101 typically require?
- Automotive Liability Insurance
- biggest risk for firms , extends to personal cars and taxis - Professional Liability Insurance
- General Liability Insurance
- Workers Compensation Insurance
What does general liability insurance cover?
-protection for property damage and workplace injuries
-Covers both legit and fraudulent claims
-There is usually a dollar limit or aggregate limit
What does professional liability insurance cover?
(Errors and Omission)
- protection against claims that you failed to do your job properly
-protection against violations of ADA, OSHA, Fair Housing
What are paths for resolving conflicts between Architect and Owner per AIA Contract B101?
Mediation then arbitration or mediation then litigation
What are the architectural basic services per AIA Contract B101?
Submit a schedule, meet code, facilitate bidding, certify payments to contractor, review submittals, consider sustainability
What constitutes an additional service for the architect?
everything beyond a single drawings set with MEP and Structural
What is the owner responsible for?
Geotech, everything site and permit related, coordinating their own consultants
Who owns the drawings?
Architect and Consultants
When can the architect terminate the contact?
If owner doesn’t pay or suspends project for 90 days
When does the contract automatically terminate?
1 year after substantial completion
When does the architect get a cost estimate?
After SD, DD, and CD
Does the architect return to the site after the building is complete?
Yes, 1 year after substantial completion
How long does the owner or architect have to bring claims?
10 Years
What if the bidding phase doesn’t start within 90 days after CDs?
The owner’s budget needs to be adjusted to reflect changes in costs for construction
what does the architect do if the project phase is delayed past substantial completion?
ask for additional services
What are the steps when the architect identifies or is notified of a change that will affect cost or schedule?
adjust the work plan, explain the facts and circumstances to the owner, and send a change order for approval in writing - AIA B101 4.2.1
What should the architect do if they notice unsafe site conditions?
notify the contractor
What are liquidated damages?
per-day penalty for a delayed construction project completion, agreed upon at the beginning (cannot be taken in the form of withholding payment without formal agreement)
What are consequential damages?
estimated cost of potentially lost profit due to project delays (not allowed)
What is the first step if the owner and contractor have a disagreement?
the initial decision maker steps in, the architect by default
What are the “contract documents?”
Conditions of the contract, Drawings, Specs, Addenda, and other documents listed in A101
When does the contractor’s warranty end?
1 year after substantial completion
When is a project late?
when substantial completion is late
Who certifies substantial completion?
the architect
When is retainage paid?
when substantial completion certificate is awarded
How does the contractor get paid per AIA Contract A101?
an application for payment (G702) is made by the contractor and given to the architect for review. If the work is in line with the contract documents, the architect will issue a certificate for payment to the owner, who will pay the contractor
What is the pay period for an application of payment (G702) per AIA Contract A101?
one calendar month ending on the last day of the month unless otherwise specified
When is the final payment to the contractor made and what does it include?
the owner pays the contractor the final payment consisting of the entire contract sum after the contractor has fully performed the responsibilities outlined in the contract, and the final certificate for payment has been issued by the architect
owner must pay within 30 days
G Series in AIA Contracts
Change Orders, Application for Payment, Continuation Sheet, Certificate of Substantial Completion, RFIs
General Conditions of the Contract for Construction require the contractor’s insurance policy to cover
Damages related to vehicles
Damages dye to bodily injust from falling material on site
Bodily injury or property damage after the contractor has left the site
Workers compensation
A101
Owner Contractor Agreement
A201
General Conditions of the Contract for Construction
B101
Owner Architect Agreement
C401
Architect Consultant Agreement
A132
Owner Contractor Agreement when using CM as Advisor or CM as Agent
A133
Owner CM as Constructor Agreement
A195
Owner and Contractor for Integrated Project Delivery
G701
CHange Order
G702
Application for Payment
G703
Continuation Sheet
G704
Certificate of Substantial Completion
G716
RFI
A Series
Owner Contractor Agreements
B Series
Owner Architect Agreements
C Series
Consultant and Other Agreements
D Series
Miscellaneous Documents
E Series
Exhibits
G Series
Contract Administration and Project Management Forms
A103
Owner Contractor Agreement for Cost plus Fee without GMP
A141
Owner and Design Builder Agreement
E203
BIM
E204
Sustainable Projects
G710
Architects Supplemental Instructions
A714
Construction Change Directive
B205
Historic Preservations
B214
LEED Certifications
B210
Facility Support
