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