Porter's Flashcards 2010

Question 1

Bidding documents are considered contract documents.

Answer 1

• *Answer**: False
• *PRM Reference**: 5.1.2

Explanation: Procurement requirements are addressed to prospective bidders or proposers interested in the project. Although not necessarily part of a contract, the procurement requirements are usually bound with other written construction documents into a project manual.

Question 2

Codes governing commercial construction and residential construction are different.

Answer 2

• *Answer**: True
• *PRM Reference**: N/A
• *Explanation**: Commercial building codes and residential codes are not the same.

Question 3

The A/E usually hires a construction manager.

Answer 3

• *Answer**: False
• *PRM Reference**: 1.3
• *Explanation**: The owner usually engages the services of a construction manager, an entity that typically contracts with the owner to provide construction management services.

Question 4

The owner, contractor, and A/E are parties to the construction agreements.

Answer 4

• *Answer**: False
• *PRM Reference**: 3.4.1.2, 5.3.1

Explanation: (3.4.1.2) Figure 3.2-A shows the tripartite relationship among the owner, contractor, and A/E. This relationship is created by obligations to third parties to the contract. For example, the owner-A/E agreement may require certain duties of the A/E acting on behalf of the owner. The contractor has a right to rely on the proper performance of these duties. The A/E, similarly, relies on the contractor to perform certain duties identified in the owner-contractor agreement, even though the A/E is not a party to that contract. The A/E relationship to the contractor in the owner-contractor agreement is a third-party relationship. These third-party relationships create the third side of the triangle in the construction process.

(5.3.1) A construction agreement might be executed with a contractor, a construction manager as a contractor, or a design-builder.

Question 5

There are no differences between the AIA and EJCDC general conditions.

Answer 5

• *Answer**: False
• *PRM Reference**: 5.4.1.5
• *Explanation**: While similar, the AIA and EJCDC have some differences. For example, the AIA documents do not have a specific time frame for substitutions. The EJCDC documents permit substitutions within a limited time frame of executing the agreement. Each document deals with these concerns in a similar manner but with language determined to be in accord with the needs of each organization. In general, the DBIA general conditions provide fewer details and requirements than do the EJCDC and AIA documents because the designer and the builder are acting as a single entity.

Question 6

The drawings take precedence over the specifications.

Answer 6

Answer: False

PRM Reference: 5.11.4.4, 7.8.1.1

Explanation: The drawings and specification are complementary documents in the AIA and EJCDC general conditions.

(5. 11.4.4) Precedence: Questions of precedence often arise among large scale drawings, small-scale drawings, and specifications. However, the use of statements in the project manual to establish the precedence of the various contract documents is not recommended because the documents are complementary. The general conditions of the contract should indicate only that in a case of conflict between drawings and specifications, the A/E will make a documented interpretation.
(7. 8.1.1) When the contract documents are being interpreted, the contents of the drawings and the specifications must be considered together. If an item is that it is not required for the project. not addressed in both the drawings and the specifications, it does not mean

Question 7

The role of a subcontractor is the same as a material supplier.

Answer 7

• *Answer**: False
• *PRM Reference**: 1.3
• *Explanation**: A subcontractor generally provides labor at the site. A material supplier furnishes the materials for others to install.
• Subcontractor*: An entity that has a direct contract with the contractor to perform a portion of the work of the project at the site.
• Supplier*: Furnishes or supplies products or services for the project, but does not perform labor at the site.

Question 8

The supplementary conditions should be coordinated with the owner/contractor agreement.

Answer 8

• *Answer**: True
• *PRM Reference**: 5.3

Explanation: The construction agreement is based on provisions of the conditions of the contract (general and supplementary), which becomes part of the contract. The agreement defines relationships and obligations between the signers and incorporates, by reference, all of the other documents that make up the contract documents: contracting forms; project forms; conditions of the contract (general and supplementary conditions); specifications; contract drawings; and revisions (addenda), clarifications, and modifications. The clauses and provisions of the general conditions for a construction contract are generally fixed and usually require only supplements to be adapted to a specific project. The agreement contains contractual elements that are subject to variation in each contract.

Question 9

Preliminary Project Descriptions are legal and binding construction documents.

Answer 9

• *Answer**: False
• *PRM Reference**: N/A
• *Explanation**: Preliminary project descriptions and outline specifications are informational documents issued to the project team prior to construction documents.

Question 10

The contractor and the A/E review submittals for the same reasons and from the same point of view point.

Answer 10

• *Answer**: False
• *PRM Reference**: 7.5.6

Explanation: The contractor reviews submittals for constructability and compliance to the contract documents. The A/E reviews submittals for compliance with design intent and to the contact documents. Each reviews submittals based on their agreements (A/E from the design point of view; contractor from the constructability point of view.)

Submittals are reviewed and approved by the contractor to ensure contract requirements have been met, to check dimensions, and to coordinate with subcontractors.

The A/E’s review is limited to determining whether the submittal is consistent with the design intent and the contract documents.

Question 11

Division 01 sections expand and cross reference the conditions of the contract in all cases.

Answer 11

• *Answer**: True
• *PRM Reference**: 5.6
• *Explanation**: Division 01 sections expand on certain of the administrative and procedural provisions in the conditions of the contract and apply broadly to the execution of the work of all the other sections of the specifications.

Question 12

Repetition of information on both drawings and specifications is a good way to emphasize its importance.

Answer 12

• *Answer**: False
• *PRM Reference**: 5.1.1

Explanation: Another important principle governing the production of construction documents is that each document, written or graphic, has a specific purpose and should be used for that purpose. Each requirement should be stated only once and in the correct location.

Question 13

Performance bonds as part of construction submittals are part of the procurement requirements.

Answer 13

• *Answer**: False
• *PRM Reference**: 5.1.2

Explanation: Typically, procurement requirements include the following documents: solicitation; instructions for procurement; available information, including resource drawings; procurement forms and supplements; addenda (as applicable to procurement).

Question 14

The invitation to bid is designed to attract qualified bidders.

Answer 14

• *Answer**: True
• *PRM Reference**: 5.2.3.1

Explanation: The invitation to bid is intended to attract qualified bidders and to help prospective bidders decide whether to obtain the procurement documents.

Question 15

The volume containing the specifications, conditions of the contract, information to bidders, instructions to bidders, and the bid form is called:

(A) Spec book.
(B) Table leveler.
(C) Project manual.
(D) Door stop.
(E) None of the above.
(F) All of the above.

Answer 15

• *Answer**: C
• *PRM Reference**: Figures 5.1-A, 5.1.2

Explanation: See figure 5.1-A in PRM

Question 16

The documents developed to attract and assist qualified bidders in properly submitting bids are called contract documents.

Answer 16

• *Answer**: False
• *PRM Reference**: 5.1.2

Explanation: Procurement requirements instruct the bidders or proposers about the established procedures or preparing and submitting their bids or proposals.

Question 17

The Agreement:

(A) Defines the relationship of the owner, A/E, and contractor.

(B) Is the one instrument of the contract documents that binds the signing parties to the work.

(C) Constitutes the legal portion of the specifications.
(D) None of the above.
(E) All of the above.

Answer 17

• *Answer**: B
• *PRM Reference**: 3.3.4
• *Explanation**: The agreement is the written document signed by each party, and it is the legal instrument binding the parties to the contract.

Question 18

An alternate:

(A) Is the same as an option in the specifications.
(B) Is used for the same purpose as unit prices.
(C) Should be described in Division 01 and specified in the appropriate specification sections.
(D) Should be described in detail on the bid form.
(E) None of the above.

Answer 18

• *Answer**: C
• *PRM Reference**: 4.6.4, 5.2.3.4, 5.6.3.1

Explanation: (4.6.4) Alternates should be carefully expressed in the pricing documents, including the criteria by which alternates will or will not be awarded. Alternates should be clearly delineated on the drawings as well as addressed appropriately in the specifications. If this is not done carefully, misunderstandings and misinterpretations can occur regarding the scope of an alternate.

(5.2.3.4) Alternates may be either additive or deductive to the base bid, the stipulated sum bid, or the total unit-price bid.

Appropriate blanks should be provided on the bid form. They must be clearly described in Division 01, Section 01 23 00-Alternates. The instructions to bidders should contain guidance for preparing alternate bids.

(5.6.3.1) Division 01 sections on allowances and alternates require particular coordination with the sections in other divisions that specify the affected products.

Question 19

Contract Documents consist of:

(A) Agreement between owner and contractor, conditions of the contract, drawings, and specifications, addenda and modifications, other documents listed in the agreement.
(B) Agreement between owner and contractor, conditions of the contract, drawings and specifications, project manual, shop drawings.
(C) Agreement between owner and contractor, conditions of the contract, drawings and specifications, instructions to bidders, bid form, addenda, modifications, other documents listed in the agreement.

Answer 19

• *Answer**: A
• *PRM Reference**: 5.2.1
• *Explanation**: The contract documents include contracting forms, project forms, conditions of the contract, specifications, contract drawings, revisions, clarifications, and modifications and, excluding the drawings, are bound together into a volume called the project manual.

Question 20

Contract documents include:

(A) Written portions of the contract only.
(B) Graphic portions of the contract only.
(C) Both written and graphic portions of the contract.
(D) Agreement and general and supplementary conditions.

Answer 20

• *Answer**: C
• *PRM Reference**: 5.1.4
• *Explanation**: Contract documents consist of both written and graphic elements and typically include the following: contracting requirements, specifications, contract drawings.

Question 21

Addenda are used to:

(A) Modify the procurement documents before award of the contract.
(B) Modify the contract documents after award of the contract.
(C) Modify drawings and specifications only.
(D) Formalize verbal instruction given on the job.

Answer 21

• *Answer**: A
• *PRM Reference**: 5.1.4.3

Explanation: Addenda are written or graphic documents issued to clarify, revise, add to, or delete information in the original procurement documents or in previous addenda. Typically, an addendum is issued prior to the receipt of bids or proposals. Other revisions may include bid or proposal revisions when permitted.

Question 22

The agreement is part of the:

(A) Bidding requirements.
(B) General conditions.
(C) Specifications.
(D) Contract forms.

Answer 22

• *Answer**: D
• *PRM Reference**: 6.9.1
• *Explanation**: The form of agreement to be used for a project is identified in the procurement documents. It is proper for procurement documents to contain the form of agreement for the prospective contractor’s reference.

Question 23

Division 01 should be used to:

(A) Provide a location for general and supplementary conditions.
(B) Provide a means to modify standard sections of the specifications.
(C) Provide a logical arrangement for specifying administrative, procedural, and temporary facilities.
(D) Provide a location for specifying special construction and materials the bidders might overlook.

Answer 23

• *Answer**: C
• *PRM Reference**: 5.6
• *Explanation**: See PRM 5.6 for a complete discussion.

Question 24

Division 01 sections relate to:

(A) Bidding requirements, the agreement, general and supplementary conditions, and specifications.
(B) Bidding requirements, the agreement, general and supplementary conditions, the specifications, and the drawings.
(C) The agreement, general and supplementary conditions, and specification only.
(D) The agreement, general conditions, specifications, and drawings.

Answer 24

• *Answer**: B
• *PRM Reference**: 5.6.2
• *Explanation**: See PRM 5.6.2 for a complete discussion.

Question 25

Division 01 sections should coordinate with bidding requirements, the agreement, general and supplementary conditions, specifications, and drawings.

Answer 25

• *Answer**: True
• *PRM Reference**: 5.11.4.1, 5.6.2.5

Explanation: (5.11.4.1) Particular attention should be given to coordinating Division 01 sections with the conditions of the contract. The level of specification detail should complement the level of drawing detail. Early coordination with sufficient time devoted to the task will help achieve design intent and promote elimination of problems during the construction stage.

(5.6.2.5) Specification sections are subject to the administrative and procedural requirements of the conditions of the contract and of Division 01.

Question 26

Administrative and procedural requirements and temporary facilities are specified in:

(A) General conditions.
(B) Supplementary conditions.
(C) Division 01.
(D) Bidding requirements.

Answer 26

• *Answer**: C
• *PRM Reference**: 5.6
• *Explanation**: The sections in Division 01, which are collectively referred to as the General requirements, specify administrative requirements, procedural requirements, temporary facilities and controls, performance requirements, and life cycle activities.

Question 27

Division 01 administrative, procedural matters, and temporary facilities are cost items, the same as products and work in the technical specifications.

Answer 27

• *Answer**: True
• *PRM Reference**: 5.6.4.10

Explanation: Division 01 administrative and procedural requirements and temporary facilities and controls involve both direct and indirect costs. Over-specifying in Division 01 may increase construction costs unnecessarily and may create excessive obligations for the entity administering the construction contract.

Question 28

All of the following are true about the use of standardized general conditions, such as the AIA A201 and EJCDC C-700, except:

(A) A/Es and contractors involved generally are familiar with the contents.
(B) Having been reviewed initially by legal counsel, an attorney need not be consulted for the project.
(C) The language has stood the test on time.
(D) They establish a baseline from which exception, modifications, and additions can be identified and evaluated. project.

Answer 28

• *Answer**: B
• *PRM Reference**: 5.3.3

Explanation: The agreement form and the respective conditions of the contract should be reviewed carefully by the owner’s legal counsel before modification to satisfy specific project requirements.

Question 29

If a contractor recognizes or has knowledge of errors, inconsistencies, or omissions in the contract documents, the contractor is responsible for reporting those errors, omissions, or inconsistencies to the A/E and may be held liable if he does not.

Answer 29

• *Answer**: True
• *PRM Reference**: Figure 5.6-D, 7.8.1.1
• *Explanation**: Typically, the conditions of the contract require the contractor to report errors, inconsistencies, or omissions to the A/E.

Question 30

Shop drawings, product data, and samples are considered part of the contract documents and are legal documents.

Answer 30

• *Answer**: False
• *PRM Reference**: 7.5

Explanation: During the construction of a project, the contractor is usually required by the contract documents to submit product data, shop drawings, and samples to the A/E for review. These submittals are typically not contract documents and are not to be used by the contractor or the A/E to modify the contract.

Question 31

Which of the following is not normally found in an agreement:

(A) Contract time.
(B) Contract sum.
(C) Reference to contract documents.
(D) Submittal requirements.

Answer 31

• *Answer**: D
• *PRM Reference**: 7.3.1, 7.3.3.2.5

Explanation: (7.3.1) The contractor needs to review the conditions of the contract and Division 01 or requirements that will impact the contractor’s project management procedures including communications, submittals, meetings, contract modifications and interpretations, payment processes, and project closeout.

(7.3.3.2.5) Individual specification sections relate back to Division 01 for clarification. For example, specification requirements for the content of product submittals, shop drawings, samples, and mock-ups required for specific products are specified in PART 1 GENERAL of the applicable specification sections, while the procedures for submittal of this information are addressed in Division 01.

Question 32

Procurement Documents include:

(A) Procurement requirements, which include solicitation, instructions for procurement, available information, procurement forms and supplements.
(B) Contracting requirements, which include the agreement, performance bond, payment bond, and certificates.
(C) Conditions of the contract, which include the general and supplementary conditions.
(D) Specifications.
(E) All of the above.

Answer 32

• *Answer**: E
• *PRM Reference**: Figure 5.1-A, 5.1.2
• *Explanation**: See Figure 5.1-A and 5.1.2 in the PRM for a complete discussion.

Question 33

What is the relationship between the owner, A/E, and contractor in a in a design-bid-build project?

Answer 33

• *Answer**: The owner has a legal agreement with the A/E for design services.
• *PRM Reference**: 3.3.5.1, Figure 3.3-C

Explanation: (Figure 3.3-C) The owner has a legal agreement with the A/E for design services. The owner has a legal agreement with the contractor to construct the work described in the contract documents. The A/E and the contractor have no binding relationship, but are required under their respective agreements to work together in fulfilling their responsibilities. (3.3.5.1) The owner has a legal agreement with the A/E to design and administer the work.

Question 34

Summarize the difference between design-build and construction management.

Answer 34

Answer: Design-Build: The owner develops a program and the owner has one contract with a single entity to design and construct the project.

PRM Reference: 3.4.4, 3.4.3

Explanation: Design-Build: The owner develops a program and the owner has one contract with a single entity to design and construct the project.

Construction Management: The CM is a 3rd party, who is the owner’s agent to oversee design and construction process, either as an independent advisor (CMa) or as a contractor (CMc) who guarantees the cost of the project to the owner. The owner also may maintain a separate agreement with an A/E and also with single or multiple prime contractors.

Question 35

Construction by separate contractors provides:

(A) Similar General Conditions are used for the separate contract;
(B) Additional expense and time may be due the Contractor;
(C) Proper and safe access to the site for separate contractors;
(D) All of the above.

Answer 35

• *Answer**: D
• *PRM Reference**: 3.3.6.1, 7.1.4.2
• *Explanation**: (3.3.6.1) (A) Similar General Conditions are used for the separate contracts: Regardless of the number of participants in a specific project, each agreement (design services and construction services) should be consistent and compatible with the other. Standard forms of agreements for all participants should be obtained from the same organization to ensure compatible contract conditions.

(7. 1.4.2) (B) Additional expense and time may be due the Contractor: When the construction manager acts as the contractor, the owner may retain the A/E for construction contract administration services. In CMc, contractor project management services provided by the construction manager are similar to the contractor project management services typically provided by the contractor.
(3. 3.6.1) (C) Proper and safe access to the site for the separate contractors: Regardless of the number of participants in a specific project, each agreement (design services and construction services) should be consistent and compatible with the other. Standard forms of agreements for all participants should be obtained from the same organization to ensure compatible contract conditions.

Question 36

The Contractor shall maintain record documents at the site for the Owner.

Answer 36

• *Answer**: True
• *PRM Reference**: 7.6.14, 7.9.2.6

Explanation: (7.6.14) Record documents are kept in the field office and are used to record actual construction. The contractor is required by both AIA and EJCDC standard general conditions to maintain record documents.

(7.9.2.6) The contractor is responsible for maintaining record documents at the project site.

Question 37

Tests required by laws and regulations shall be arranged and paid by the:

(A) Owner.
(B) Contractor.
(C) public authority requiring the test.
(D) Subcontractor, when it is the Subcontrac-tor’s work being tested.

Answer 37

• *Answer**: B
• *PRM Reference**: 7.2.3, Figure 7.2-A, 7.6.5, 7.7.5.2

Explanation: (7.2.3) [Contractor requirements] Schedule and facilitate testing as specified in the contract.

(Figure 7.2-A) [Contractor’s Responsibilities] Arrange and pay for tests and inspections.

(7. 6.5) EJCDC C-700 has similar requirements for the contractor to make arrangements for tests, inspections, and approvals with the appropriate AHJ and usually requires the contractor to pay all related costs.
(7. 7.5.2) The contractor is typically required to provide for, or coordinate, tests and inspections required by the contract documents and laws, ordinances, rules, regulations, or orders of public AHJs.

Question 38

The Contractor is required to have a program to protect:

(A) Workmen.
(B) Material stored away from the site.
(C) Materials stored at the site.
(D) All of the above.

Answer 38

Answer: D

PRM Reference: 7.3.8.8, 7.9.1, 7.9.1.4, 7.9.14.3, 7.6.10.1, 7.6.10.3, 7.9.9

Explanation: Workmen: (7.3.8.8) It is the contractor’s responsibility to enforce safety and take necessary measures to correct unsafe conditions. (7.9.1) Whereas the contractor is responsible for the overall project safety, the owner and A/E are obligated to abide by the contractor’s safety rules when at the project site. (7.9.1.4) Ongoing safety training should be a critical part of every contractor’s daily operations. (7.9.14.3) The contractor is also responsible for taking steps to protect the workers on the project and the public.

Material Stored away from the site: (7.6.10.1) The contractor schedules deliveries and arranges for the delivered products to be suitably stored at the time of delivery. Products should be inspected for damage upon delivery. (7.6.10.3) The contractor is responsible to adequately protect stored products. (7.9.9) Before the contractor mobilizes on the project site, the locations where material will be stored and how they will be unloaded, inventoried, and protected should be addressed.

Material stored at the site. (7.6.10.1) The contractor schedules deliveries and arranges for the delivered products to be suitably stored at the time of delivery. (7.6.10.3) The contractor is responsible to adequately protect stored products. (7.9.9) Before the contractor mobilizes on the project site, the locations where material will be stored and how they will be unloaded, inventoried, and protected should be addressed.

Question 39

The Contractor’s duties with regard to job safety includes designating a responsible individual whose duties at the site include accident prevention.

Answer 39

• *Answer**: True
• *PRM Reference**: 7.1.4.1, 7.1.6
• *Explanation**: (7.1.4.1) The contractor typically has a project manager on staff to handle contractor project management responsibilities. These responsibilities may include: Preparing and implementing safety programs. (7.1.6) A contractor’s project manager should: Have a working knowledge of applicable safety regulations and understand the importance of maintaining the contractor’s safety program.

Question 40

The A/E will:

(A) Endeavor to guard the Owner against defects and deficiencies in the Work.
(B) Be responsible for safety precautions and programs in connection with the Work.
(C) Be responsible for the Contractor’s failure to carry out the Work in accordance with the Contract Documents.

Answer 40

• *Answer**: A
• *PRM Reference**: 5.4
• *Explanation**: A/E duties and responsibilities under conditions of the contract generally include construction administration. These activities are discussed in Module 7 and include: Visiting the construction site to become familiar with the work, guard against defects and deficiencies, and evaluate progress.

Question 41

The Contractor shall not be required to contract with any one to whom he has made reasonable objection.

Answer 41

• *Answer**: True
• *PRM Reference**: 5.6.5.1, 7.3.4.4
• *Explanation**: (5.6.5.1) Items must be furnished by persons designated by the owner; however, the contractor may refuse to contract with them if the contractor provides a reasonable objection. (7.3.4.4) The standard AIA and EJCDC general conditions state that the contractor will not be forced to use subcontractors to which the contractor has an objection.

Question 42

The Contractor shall not contract with nor be required to contract with any Subcontractor against whom reasonable objection has been made by:

(A) Owner
(B) A/E,
(C) Contractor,
(D) All of the above.

Answer 42

• *Answer**: D
• *PRM Reference**: 7.3.4.4
• *Explanation**: Standard AIA and EJCDC general conditions require the contractor to submit a list of proposed subcontractors. Some owners may require these to be submitted with the contractor’s bid or pro-posal. In order for the owner and the A/E to verify acceptability, the lists are required before work begins. These lists are prepared by the contractor, submitted to the A/E for review, and forwarded by the A/E to the owner for final approval. If the owner or the A/E objects to any of the proposed subcontractors, the A/E notifies the contractor of the objection in writing. The standard AIA and EJCDC general conditions state that the contractor will not be forced to use subcontractors to which the contractor has an objection.

Question 43

The A/E’s approval of Shop Drawings is:

(A) For conformance with the information given and design concept.
(B) To make certain the products actually supplied by the Contractor fit in

Answer 43

• *Answer**: A
• *PRM Reference**: 5.10.2.4, 7.5.6.4
• *Explanation**: (5.10.2.4) The A/E reviews shop drawings for conformance with the design concept only.

(7.5.6.4) AIA Document A201 states that the architect will review and approve, or take other appropriate action on, the contractor’s submittals, but only to check for conformance with the information and design concept expressed in the contract documents. EJCDC C-700 states that the engineer’s review and approval of the contractor’s submittals is only to determine if the items covered by the submittals conform to the information given in the contract documents and are compatible with the design concept of the completed project.

Question 44

In the event the A/E fails to approve a Shop Drawing covering a major portion of the Work in sufficient time, the Contractor shall:

(A) Proceed with the installation in accordance with the Contract Documents.
(B) Write the Owner protesting the delay.
(C) Write the A/E requesting promptness in reviewing Shop Drawings.
(D) Stop the Work on the project until the A/E acts on the Shop Drawings.
(E) None of the above.

Answer 44

• *Answer**: C
• *PRM Reference**: 7.5.9.2

Explanation: AIA and EJCDC general conditions are not specific about the amount of time allotted to the A/E to review submittals. AIA Document A201 states that the architect’s action will be taken with such reasonable promptness as to cause no delay in the work or in the activities of the owner, contractor, or other contractors, while allowing sufficient time to permit adequate review.

EJCDC C-700 states that the engineer will review and approve shop drawings and samples in accordance with the schedule of shop drawings and sample submittals accepted by the engineer. The A/E’s review time for submittals is usually stated as part of the contract documents in either Division 01 or the supplementary conditions. Prolonged or unreasonable review times can cause a delay for the contractor and extend the construction period. If the general and supplementary conditions and Division 01 do not stipulate specific time periods for the A/E to review the submittals, the A/E should be fully aware of the time allowed in the contractor’s submittal schedule and avoid delaying the project, or alert the contractor if the review cannot be completed in a timely manner.

Question 45

The method for computing credits for change orders should be described in:

(A) The instructions to bidders.
(B) The agreement.
(C) The general and supplementary conditions.
(D) The invitation to bid.

Answer 45

• *Answer**: C
• *PRM Reference**: 7.8.2.2.7
• *Explanation**: The AIA and EJCDC standard general conditions cover methods of determining the cost of changes in considerable detail. However, if the general conditions do not stipulate the method of handling computations, then the subject should be covered in the supplementary conditions to minimize dis-putes.

Question 46

The owner must sign:

(A) Supplemental instructions.
(B) Change orders.
(C) Addenda.
(D) Proposal requests.

Answer 46

• *Answer**: B
• *PRM Reference**: 5.12.3.3.1, 5.12.3.5.1, 7.8.2.2.6
• *Explanation**: (5.12.3.3.1) A change order is a written instruction to the contractor issued after execution of the agreement that authorizes an addition, deletion, or revision in the work or an adjustment in the contract sum or the contract time. Change orders must be signed by the owner, the A/E, and the contractor. (5.12.3.5.1) Change orders are signed by the owner and design-builder to document changes in the scope of the work, amount of adjustments to the contract price, and extent of adjustment to contract time. (7.8.2.2.6) The owner then signs the change order to formally authorize the change.

Question 47

If the owner accepts defective work, a change order may be issued to reflect an appropriate adjustment in the contract sum.

Answer 47

• *Answer**: True
• *PRM Reference**: 5.9.8.2, 7.6.9.1
• *Explanation**: (5.9.8.2) Work not conforming to the contract documents may be considered defective or nonconforming. The owner, however, has certain rights and remedies with respect to defective or noncon-forming work and may elect to accept such work along with an adjust-ment in the contract sum. (7.6.9.1) In some instances, the owner may choose to accept nonconforming or defective work. When the owner chooses to exercise this right, the owner is usually entitled to an ap-propriate decrease in the contract amount.

Question 48

Claims alleging an error or omission by the A/E should initially be referred for action to the:

(A) Owner
(B) A/E’s error and omissions insurer
(C) A/E
(D) Arbitrator

Answer 48

• *Answer**: C
• *PRM Reference**: 7.2.2, 7.10.2.6
• *Explanation**: (7.2.2) All claims, even those alleging an error or omission by the A/E, need to be submitted to the A/E for action.
  (7. 10.2.6) Both AIA and EJCDC standard general conditions establish the A/E as the impartial interpreter of the contract documents and require that all claims be submitted through the A/E.

Question 49

The owner may order additions or deletion in the work without invalidating the contract.

Answer 49

• *Answer**: True
• *PRM Reference**: 5.12.3.3.2
• *Explanation**: With a construction change directive, the owner may, without invalidating the contract, order changes in the work within the general scope of the contract consisting of additions, deletions, or other revisions, the contract sum or contract time being adjusted accordingly.

Question 50

The contractor is not obligated to execute a change in the work authorized by the owner until an agreement on an adjustment of the contract sum has been reached.

Answer 50

• *Answer**: False
• *PRM Reference**: 5.12.3.3.2
• *Explanation**: A construction change directive is a means of ordering changes in the work when the owner and contractor have not agreed upon the proposed changes in contract sum or time. Upon receipt of a construction change directive, the contractor is required to perform the changes and advise the owner and architect of agreement or disagreement with the proposed method for adjusting contract sum or time.

Question 51

Under SectionFormat, the Parts are entitled:

General, Materials, Installation.
(B) Scope, Products, Execution.
(C) General, Products, Execution.
(D) Scope, Materials, and Installation.
(E) General, Materials, and Workmanship.

Answer 51

• *Answer**: C
• *PRM Reference**: 5.5.5.2, Figure 5.14-C, Figure 5.15-C

Explanation: (5.5.5.2) Written material within sections can be divided into three PARTs: PART 1 GENERAL - Describes administrative, procedural, and temporary requirements unique to the section. PART 2 PRODUCTS - Describes products, materials, equipment, fabrications, mixes, systems, and assemblies that are required for incorporation into the project. PART 3 EXECUTION - Describes installation or application, including preparatory actions and postinstallation cleaning and protection. (Figure 5.14-C) Example of Shortform Section Article Headings. (Figure 5.15-C) SectionFormat as applied to Performance Specifications.

Question 52

Under SectionFormat, schedules such as painting or hardware belong in:

(A) Part 1.
(B) Part 2.
(C) Part 3.
(D) Division 01.
(E) On the drawings.

Answer 52

• *Answer**: C
• *PRM Reference**: Figure 5.5-C, 5.11.3
• *Explanation**: (Figure 5.5-C) SectionFormat Outline. 5.11.3 When placed in a specification section, schedules are included at the end of PART 3 EXECUTION.

Question 53

In specification writing, the indicative mood causes unnecessary wordiness and monotony.

Answer 53

• *Answer**: True
• *PRM Reference**: 5.8.4.2
• *Explanation**: The indicative mood, passive voice requires the use of shall in nearly every statement. This sentence structure can cause unnecessary wordiness and monotony.

Question 54

Applications of MasterFormat include:

(A) Specifications, SectionFormat, PageFormat.
(B) SectionFormat, data filing, cost classification.
(C) Project manuals, relating drawing notations to specifications, and cost classification.
(D) UniFormat, SectionFormat, and PageFormat.

Answer 54

• *Answer**: C
• *PRM Reference**: 5.5.1, 5.5.4.6, 5.10.3.2
• *Explanation**: (5.5.1) The main purpose of MasterFormat is to organize the project manual, reference keynotes, and detailed cost estimates. (5.5.4.6) MasterFormat is an organizing system with the flexibility to meet the needs of any particular company, professional discipline, or type of project. It is used by A/Es to organize project manuals and to help users of project manuals find information in standard locations. It is used by estimators for organizing cost data, and it is suitable for either manual or electronic data management operations. (5.10.3.2) UDS consists of an open structure of a series of application modules that are organized around the stages of a facility life cycle. Elements such as MasterFormat and UniFormat, keynotes, specifications, and other special applications can be inserted.

Question 55

The A/E observes construction:

(A) Once a week.
(B) To guard the owner against defects and deficiencies.
(C) To take tests and samples of the work.
(D) To supervise work of the contractor.

Answer 55

• *Answer**: B
• *PRM Reference**: 5.9.8.2, 7.6.3, 7.6.3.1, 7.7.5.2

Explanation: (5.9.8.2) The A/E usually visits the site to become familiar with the progress and quality of the completed work. This process is verification by the A/E that the quality of work is generally according to the contract documents. (7.6) Most standard owner-A/E agreements and conditions of the contract indicate the A/E will perform construction contract administration and will periodically visit the construction site to (1) ascertain progress and quality of the work, (2) endeavor to guard against defects and deficiencies in the work, (3) keep the owner informed of the progress of the work, and (4) conduct inspections to determine the dates for substantial and final completion. (7.6.3) The agreement identifies the A/E’s role and frequency of observations and inspections. The frequency of observations may vary from none to periodic to full-time, or as otherwise agreed. (7.6.3.1) On the basis of on-site observations, the architect keeps the owner informed of the progress of the work and endeavors to guard the owner against defects and deficiencies in the work. (7.7.5.2) Standard general conditions typically give the A/E authority to reject work that is defective or does not conform to the contract documents. This authority does not constitute control of the work, nor does this authority establish a responsibility for means, methods, techniques, sequences, or procedures for construction. The A/E may require additional independent inspection and testing.

Question 56

The contractor is not required to:

(A) Pay taxes associated with the work.
(B) Prepare and monitor construction progress schedules.
(C) Pay assessments determined by authorities having jurisdiction.
(D) Pay royalties and license fees.

Answer 56

• *Answer**: C
• *PRM Reference**: 7.2.1
• *Explanation**: Providing information to the contractor: By executing the agreement, the owner implies that financing has been arranged and the project is ready to begin. The owner’s agreement with the contractor implies that the owner has responsibility for the site and the project can legally be constructed. In that same regard, easements and assessments are the responsibility of the owner during construction.Payment of fees and charges associated with the work: The owner is responsible for securing and paying for approvals, easements, assessments, and other charges required for the project and beyond those for which the contractor is responsible.

Question 57

Which method of specifying should be used to specify the end results to be achieved rather than the means for achieving the desired results?

(A) Descriptive.
(B) Performance.
(C) Proprietary.
(D) Reference standard.

Answer 57

Answer: B
PRM Reference: 5.7, 5.7.2, 5.7.2.1, 5.15
Explanation: (5.7) Performance: Specifies the required results, the criteria by which the performance will be judged, and the method by which it can be verified. The contractor is free to choose materials and methods complying with the performance criteria. A performance specification is a description of the required end result of a product or system and includes the criteria to be used for verification of proper installation. (5.7.2) A performance specification is defined as a statement of required results with criteria for verifying compliance, but without unnecessary limitations on the methods for achieving the required results. (5.7.2.1) In its second and broader application, performance specifying is a way of obtaining improved products and methods by stating the desired result and leaving the means to the innovative producer or contractor. (5.15) By specifying the end result, performance specifying provides flexibility in optional solutions that all meet the same requirements.

Question 58

Which of the following are best designated on the drawings (Choose all that apply):

(A) Specific requirements.
(B) Location.
(C) Quality of materials.
(D) Dimension and size.
(E) Shape and form.

Answer 58

• *Answer**: B,D,E
• *PRM Reference**: 5.9.8, 5.10.1, 5.11
• *Explanation**: (5.9.8) Specifications generally stipulate qualitative requirements and the drawings generally indicate quantitative requirements. (5.10.1) Drawings indicate relationships between elements and may show the following for each material, assembly, component, and accessory: location, dimension and size, shape and form. (5.11) The drawings show size, form, quantity, relationship, generic type, and graphic representation of construction materials. The specifications define the qualitative requirements for products, materials, and workmanship upon which the construction contract is based.

Question 59

Which of the following are best designated in the specifications (Choose all that apply):

(A) Specific requirements.
(B) Location.
(C) Quality of materials.
(D) Dimension and size.
(E) Shape and form.

Answer 59

• *Answer**: A,C
• *PRM Reference**: 5.1, 5.5, 5.9.8, 5.10.5.4, 5.11, 5.11.2

Explanation: (5.1) It is not practical to include sufficient notes on construction drawings to describe in complete detail all of the product qualities and installation methods. Separate written descriptions, referred to as specifications, more effectively communicate this type of information. (5.5) Specifications define the qualitative requirements for products, materials, workmanship, and administrative requirements upon which the project is based. (5.9.8) Specifications generally stipulate qualitative requirements and the drawings generally indicate quantitative requirements. (5.10.5.4) Textual information on drawings is usually in the form of notations or notes on the drawings. Because the drawings and specifications complement each other, the same terminology should be used on the drawings as in the specifications. Text should be kept to a minimum and should only identify an item and its extent or location. Specific product characteristics and installation requirements should be described in the specifications. (5.11) The drawings show size, form, quantity, relationship, generic type, and graphic representation of construction materials. The specifications define the qualitative requirements for products, materials, and workmanship upon which the construction contract is based. The specifications also describe administrative procedures regarding both drawings and specifications. (5.11.2) In contrast to the generic notes and symbols on the drawings, the specifications provide detailed requirements for the physical properties, chemical constituents, performance requirements, and standards of workmanship associated with the manufacture and installation of materials, equipment, and components. The specifications usually do not, however, include information that belongs more appropriately on the drawings, such as quantity, capacity, and location.

Question 60

Quality control activities occur before or while accomplishing the work or service.

Answer 60

• *Answer**: False
• *PRM Reference**: 4.4.5.10, 4.5, 7.7, 7.7.3
• *Explanation**: (4.4.5.10) To further verify compliance with the requirements, the product may be tested by a qualified testing and inspection agency after it is fabricated or installed, and the results are reported to the owner or A/E. This is known as quality control testing. (4.5) Quality control (QC) refers to the procedures for evaluating completed activities and elements of the design for conformance with the requirements. (7.7) QC refers to the procedures for evaluating completed activities and elements of the work for conformance with contract requirements. (7.7.3) QC consists of procedures used to determine whether completed items meet the required quality.

Question 61

Quality assurance activities occur before or while accomplishing the work or service.

Answer 61

• *Answer**: True
• *PRM Reference**: 4.5, 7.7
• *Explanation**: (4.5) Quality assurance (QA) refers to the procedures for guarding against defects and deficiencies before and during the execution of the work. During design, QA may include procedures such as obtaining data indicating performance, properties, and other attributes, which meet the requirements. This may include lists of certified products. (7.7) QA refers to the procedures for guarding against defects and deficiencies before and during the execution of the work.

Question 62

Marked up or corrected contract drawings that indicate changes incorporated into the work during construction are called:

(A) As built drawings.
(B) Record drawings.
(C) Shop drawings.
(D) Contractor certified drawings.
(E) Addendum drawings.

Answer 62

Answer: B
PRM Reference: 5.10.2.5, 7.6.14, 7.9.2.6, 7.12.3.2, 8.4.1.2
Explanation: (5.10.2.5) Record drawings are marked-up or corrected contract drawings that identify changes incorporated into the work during construction as well as actual locations of items shown diagrammatically. These changes include field changes, modifications, and supplemental drawings. (7.6.14) Record documents are kept in the
field office and are used to record actual construction. The specifications normally require the contractor to maintain record drawings to record actual construction, and to include: Field changes of dimensions and details; details not in the original contract drawings; changes made by addenda, change orders, supplemental instructions, or other written modifications (7.9.2.6) Record drawings should include contract modifications such as addenda, supplementary instructions, change directives, field orders, minor changes in
the work, and change orders. (7.12.3.2) Record drawings include contract modifications, which in turn include addenda, supplemental instructions, change directives, field orders, minor changes in the work, and change orders. (8.4.1.2) Record drawings can include: Modifications made to the drawings by addenda, change orders, supplemental instructions, and field orders; revisions to materials, detailing, and dimensions incorporated into the project.

Question 63

A particular material may be indicated several times on the drawings but is specified in how many locations:

(A) One.
(B) Two.
(C) According to the number of trades involved.
(D) As determined by Division 01.

Answer 63

• *Answer**: A
• *PRM Reference**: 5.11.1
• *Explanation**: A particular material or component may appear many times throughout the drawings, but is specified in only one location.

Question 64

To avoid confusion, who should take responsibility for enforcing consistent terminology:

(A) Owner.
(B) Specifier.
(C) Product rep.
(D) Contractor.

Answer 64

• *Answer**: B
• *PRM Reference**: 5.11.4.3, 5.9.12
• *Explanation**: (5.11.4.3) The A/E should take responsibility for enforcing consistent terminology and abbreviations. (5.9.12) Consistent terminology, elimination of duplicate information, inclusion of all products, and other concerns should be checked. If the specifier discovers errors or omissions in the drawings, comments should be referenced to the drawings for corrections.

Question 65

Resource drawings serve what purpose:

(A) Show existing work that is to be modified.
(B) Show construction related to the work, but which is not indicated in the contract.
(C) Provide the Owner with a set of docu-ments that will facilitate operation.

Answer 65

• *Answer**: B
• *PRM Reference**: 5.10.2.3, 7.1.3.2.2
• *Explanation**: (5.10.2.3) Resource drawings show existing conditions or new construction related to the work, but are not included in the contract. (7.1.3.2.2) Resource Drawings: These are the drawings provided during the procurement stage that generally show existing conditions such as roads, buildings, and current construction circumstances. These may be drawings that were prepared for the construction of existing facilities. Drawings of this nature rarely show exact as-built conditions and may be record drawings from the previous contractor. Resource drawings are generally furnished for reference only and are not contract documents.

Question 66

An Allowance is a set amount included in the base bid.

Answer 66

• *Answer**: True
• *PRM Reference**: 4.6.1, 4.6.2, 4.6.3, 5.2.3.4.1, 5.6.4.2
• *Explanation**: (4.6.1) Allowances: An allowance is a specified monetary sum, specified quantity or time not otherwise defined by the specifications and drawings, but which the contractor is required to include in the bid or price. (4.6.2) The cash allowance is a monetary sum specified by the A/E and included in the price of the project to pay for products that are unspecified at the time of pricing. (4.6.3) When the quantity of work is unknown during design, the A/E may establish quantity allowances and unit prices to allow pricing to proceed. In this procedure, the contractor bids or prices the work according to the specified quantity and provides a supplementary unit price related to the type of work specified under the quantity allowance. (5.2.3.4.1) Allowances: An amount (cash allowance) or quantity (quantity allowance) that each bidder is required to include in the bid to cover specific work that has not been specifically defined. (5.6.4.2) Allowances may be used when certain design decisions have not been made and when quantities or unknowns cannot be determined prior to the start of work.

Question 67

Unit Price: Amount determined by number of units at the agreed upon unit cost.

Answer 67

• *Answer**: True
• *PRM Reference**: 4.6.1, 5.2.3.4.1, 3.3.4.2, 5.2.1

Explanation: (4.6.1) Unit price: A price can be stipulated or quoted by a bidder or proposer for a single, specified unit of work. Unit prices are useful where the type of work is defined, but the extent of the work is not known or is likely to change. Unit prices are also utilized when quantity allowances are specified, providing a means of adjusting the contract sum once the full extent of the work becomes known. (5.2.3.4.1) Unit prices. Where the extent of work cannot be determined or accurately calculated until the work is performed, quantities are estimated and a unit price quoted for each item. (3.3.4.2) Payment is made at a stipulated rate multiplied by the quantity completed. Unit prices are used in cases where the exact extent or quantity of work cannot be calculated accurately or otherwise determined in advance of actually performing the work. (5.2.1) Unit prices are frequently used in building construction for items that are indefinite at the time of bidding (e.g., partitions, doors, hardware, painting, and flooring an an office building where rental space is not yet leased). They are also used for items that may be modified in quantity by conditions at the site (e.g., length of piles, excavation, reinforcement, and concrete in conjunction with foundations).

Question 68

Alternate: A defined portion of the work that is priced separately, which the contractor may choose to add
to the project.

Answer 68

• *Answer**: False
• *PRM Reference**: 4.6.1, 4.6.4, 5.2.3.4.1
• *Explanation**: (4.6.1) Alternate: A defined portion of the work that is priced separately and thus provides an option for the owner in determining the final scope of the project. The alternate provides the owner with a choice between different products or it can define the addition or deletion of a portion of the work. (4.6.4) Alternates are optional work items that may or may not be made part of the contracted work and are used when bids are solicited or invited. Alternates may be used for alternative design approaches or for pricing alternative materials. (5.2.3.4.1) Alternates may be either additive or deductive to the base bid, the stipulated sum bid, or the total unit-price bid.

Question 69

Section drawings are cut vertically through and perpendicular to project materials to:

(A) Show watertight construction.
(B) Show detailed arrangement.
(C) Show which surfaces are to be finished.

Answer 69

Answer: B
PRM Reference: 5.10.4.2
Explanation: Views of vertical cuts are known as sections or cross-sections. Sections are cut vertically through and perpendicular to project materials and components and show their detailed arrangement.

Question 70

Defective tile work has appeared on a bonded job before
final payment. If the contractor, after having been properly notified in writing by the owner, fails to begin correcting the defective work within the time specified in the general conditions, the owner may:

(A) Require the tile subcontractor to perform the work and bear the full cost including compensation for the A/E’s additional services, if any.
(B) Correct deficiencies and issue an appropriate change order reflecting deduction for the cost of correcting the deficiencies, including compensation for the A/E’s additional services and expenses from payments then or thereafter due the contractor.
(C) Require the surety to hire a tile contractor to correct the work and to pay the tile contractor’s bill plus compensation.
(D) Require the A/E to supervise the hiring of a tile contractor and bill the surety.

Answer 70

Answer: B

PRM Reference: 7.6.9, 7.6.9.1, 7.7.3

Explanation: (7.6.9) The contractor has the obligation to promptly correct nonconforming or defective work. The contractor is responsible for the cost of corrective work, including the costs for additional testing and inspection. The contractor is also responsible for removing the defective or nonconforming work from the project site. The A/E should follow up on deficient work to verify that the deficiency is corrected and that work is proceeding according to the contract documents. (7.6.9.1) If the contractor refuses to correct nonconforming work within a reasonable time period, the owner has the right, after written notice to the contractor, to correct or remedy the defective work and to charge the cost of the remedy to the contractor. A change order is used to deduct the costs of the remedy from the amount remaining on the construction contract. If the cost of the remedy exceeds the balance of the contract amount, the contractor is obliged to pay the difference to the owner. (7.7.3) The contractor bears the cost of correcting work found to be defective, including costs for additional testing, inspection, and A/E services related to the defective work.

Question 71

The contractor shall promptly correct defective work rejected by the A/E:

(A) If observed before substantial completion.
(B) If observed after substantial completion.
(C) All of the above.

Answer 71

Answer: C

PRM Reference: 7.12.3.6, 7.12.3.7.4,7.12.3.7.5, 7.12.3.7.6

Explanation: (7.12.3.6) There are two significant dates in project closeout: substantial completion and final completion. Substantial completion occurs when the project, or a portion of the project, is sufficiently complete according to the contract documents to allow the owner to use it for its intended purpose. Final completion is when the project is complete according to the contract documents. Both dates are established by the A/E after conducting inspections of the project. (7.12.3.7.4) Inspection of Work: Most standard general conditions require the A/E to conduct an inspection to determine whether the project is substantially complete. (7.12.3.7.5) Certification: If, after this inspection, the A/E agrees that the project is substantially complete, the A/E prepares a certificate of substantial completion. The certificate of substantial completion also includes the specified time limit for the contractor to complete outstanding items of work. (7.12.3.7.6) Owner’s Right to Complete Work: If the contractor fails to correct outstanding items of work, the conditions of the contract establish the following procedures: The A/E sends written notice to the contractor noting nonconforming and incomplete work; The A/E gives the contractor a specified time to complete work.

Question 72

Substitution procedures:

(A) Are defined by law.
(B) Are specified in Division 01.
(C) Only allow requests during the procurement phase.
(D) Provide for requests by telephone.

Answer 72

Answer: B
PRM Reference: 5.2.3.2, 7.8.3, 5.7.4.1, 5.7.4.3.3, 5.7.5
Explanation: (5.2.3.2) Substitution of products: Some circumstances allow for substitution of products other than those specified. Refer the bidders to Division 01, Section 01 25 10-Substitution Procedures, for specific requirements and procedures for requesting substitutions. (7.8.3) Division 01 identifies if the A/E may consider substitution requests during the construction stage and lists criteria for requests for substitutions. (5.7.4.1) Closed and Open Proprietary Specifications: A closed proprietary specification can list one product or name several products as options. In either case, substitutions are not allowed. The control of the products and substitutions is accomplished by cross-reference in the instructions for procurement in Section 01 25 13-Product Substitution Procedures. (5.7.4.3.3) Controlled Substitutions: In this type of open proprietary specification, specific products are named but substitutions are allowed under procedures specified in Section 01 25 13 - Product Substitution Procedures. (5.7.5) A paragraph covering substitutions should be included in the instructions to bidders and in Section 01 25 00—Substitution Procedures.

Question 73

Substitutions may do all of the following except:

(A) Limit competition.
(B) Increase the specifier’s work load.
(C) Be conducive to permitting products of lower quality.
(D) Increase

Answer 73

• *Answer**: A
• *PRM Reference**: 5.2.3.2, 5.7.4.4
• *Explanation**: (5.2.3.2) Substitution of products: The practice of listing more than one product or manufacturer for a given material description is preferred (and may also be required in some public work) by many A/Es in order to stimulate competition among suppliers. (5.7.4.4) When substitutions are allowed, competition is keenest.

Question 74

If the contractor installs an item of work in accordance with the contract documents, knowing it is in violation of the governing building codes without first informing the A/E, he is responsible for the cost of the replacement.

Answer 74

• *Answer**: True
• *PRM Reference**: 7.6.5
• *Explanation**: The contractor is not required to ascertain that the contract documents comply with applicable regulations and code. If the rejected work conforms to the contract documents, the contractor may be entitled to a change order to correct the defective work. However, the contractor may be responsible for correcting, at no additional cost, work the contractor knew to be contrary to applicable regulations and codes.

Question 75

The warranty period begins:

(A) Upon final payment.
(B) On the date of substantial completion.
(C) One year from occupancy of the project.

Answer 75

• *Answer**: B
• *PRM Reference**: 7.12.3.7, 7.12.3.7.4
• *Explanation**: (7.12.3.7) Most standard general conditions state that the date of substantial completion is the date established by the A/E when the project is sufficiently complete to permit the owner to use it for its intended purpose. The owner takes partial or full responsibility for the project, the one-year correction period begins, and specified product warranties typically begin. (7.12.3.7.4) According to the AIA and EJCDC documents, the warranty does not begin until substantial completion.

Question 76

The contractor, during foundation excavations, uncovers a large telephone trunk line. The line is not located on the construction documents. The contractor should:

(A) Continue footing excavation and call the telephone company.
(B) Stop all work and call the site representative.
(C) Notify the owner and continue with excavation in areas unaffected by the trunk line.
(D) None of the above.

Answer 76

Answer: C

PRM Reference: 7.3.8.9, 7.8.2.1, 7.8.2.1.2, 5.2.3.3, 7.8.2.1.3

Explanation: (7.3.8.9) Before any type of construction work begins, including trenching to feed
temporary utilities, the contractor needs to obtain existing utility locations. Most jurisdictions now make utility-locating the contractor’s express responsibility. If the contractor proceeds with work before having the existing utilities located, the contractor does so at the contractor’s own risk and bears the liability for damage to and disruption of utilities. (7.8.2.1) Changed existing conditions beyond the contractor’s control: If the contractor encounters conditions materially different than indicated on the contract documents, the procedures contained in the conditions of the contract are to be implemented. These procedures allow the work to proceed while the contractor and the owner agree on a fair and equitable adjustment to the contract time or sum for credits or expenses incurred by the concealed or unknown conditions. (7.8.2.1.2) Concealed conditions are conditions that are not documented or that could not have been observed at the site at the time of the pricing. These conditions may include subsurface soil conditions materially different from those represented in a geotechnical report, and concealed conditions uncovered during construction. The AIA and EJCDC standard general conditions have provisions for concealed or unknown conditions. The observing party of the concealed or changed condition is required to promptly give formal notice of the situation before the condition is disturbed. The A/E will promptly investigate the situation and determine whether a contract document modification is required. (5.2.3.3) AIA Document A201, General Conditions of the Contract for Construction, requires that if physical conditions are encountered at the site that are subsurface, concealed, or of unusual nature and that differ materially from those shown in the contract documents, then the observing party will notify the other party within 21 days of observing the condition. The A/E will investigate and recommend an equitable adjustment to the contract sum or contract time, or both, if the conditions differ materially from the contract documents. EJCDC C-700, Standard General Conditions of the Construction Contract, requires that if subsurface or physical conditions at the site are revealed and believed to be a material inaccuracy in the technical data on which the contractor is entitled to rely, or may require a change in the contract drawings, or differ materially from the contract documents, or are of an unusual nature, then the contractor will notify the owner and A/E before the conditions are disturbed. The A/E will review the conditions and advise the owner of the need for further tests or exploration and, if necessary, an equitable adjustment to the contract price or the contract time. Similar procedures are described for those instances when underground facilities and hazardous materials are encountered. (7.8.2.1.3) The contractor, upon uncovering previously unknown items, may request an interpretation. The contractor should inform the A/E upon discovery of unknown or concealed conditions to allow the A/E to observe the condition before it is disturbed and to verify the contractor’s change request.