Practice Wide Delivery of Services Flashcards
Accepting a Project (Biggest Factors)
- sufficient client budget?
- reliable/reputable client?
If the budget will be exceeded by professional fees, what can the architect do?
If they want the experience:
1) accept lower profit margin
2) negotiate lesser scope
OR
3) decline work
Researching the client
- credit check
- litigation history
- finances for project
- construction/building/design experience
- reputation with associates/vendors/clients
Other Factors to consider in accepting a project:
- are they using bidding to select design professional? (Can indicate a budget concern)
- do they seem to have unreasonably high expectations or unreasonable requests?
- do they want to use nonstandard contract? (Could be fine, but have lawyer carefully review before signing)
In a Non Standard Contract look for…
- clear responsibilities and scope
- fee, payment method, right to suspend services for nonpayment
- no language suggesting fiduciary duty to owner
- clear language stating Architect is not responsible for Contractors defect
- NO professional services indemnity clause
- architects right to rely on owner furnished information
- no warranty or guarantee statements
- architect only responsible to meet standard of care
- architect is not responsible for means/methods/jobsite safety
- clear reqs. for insurance for all parties
- language stating that architect will review submittals for design intent but not accuracy
If another architect has been connected to the project…
- determine if there was a formal or informal agreement
- do not accept the work unless this agreement has been dissolved
Project Delivery
entire process to a completed building - team selection, establishing contracts, method of organizing contractors
Factors in Selecting Project Delivery
- firm size
- firm experience
- size of project scope
- schedule concern
- budget concern
- quality concern
6 project delivery methods
- Design Bid Build
- Construction Manager as Adviser (CMa)
- Construction Manager as Constructor (CMc)
- Design Build
- Design Assist Contracting
- Integrated Project Delivery
Design Bid Build
“Traditional Method”
Architect Designs, Contractor selected by competetive bid or negotiation, Contractor builds while Architect does CA. Owner Contracts with each separately
Pros: clear roles, linear process, limited coordination, straightforward relationships, price fixed at start
Cons: longer schedule because design must be complete before bidding, adversarial relationships
Construction Manager as Adviser
Owner hires CM to advise on constructibility, early cost estimates, manage multiple contracts, make early material purchases, and in some cases, set a GMP.
Cons: hired before design complete, so there isn’t competetive bidding, and this is more complex structure.
B132, A132, A232, C132
Architect advises/consults with both O and CM
A and CM split CA responsibility (CM coordinates contractor activity, coordination with O/C, and changes)
Setting Price with CMa
Fixed Price: C sets price upfront, O is not responsible for overruns, O does not get any savings back
Cost Plus Fee w/ GMP: O pays actual cost of building (direct and indirect) plus a set fee (profit), and CM guarantees a max price. Any savings goes back to O.
Cost Plus Fee: same as above but no GMP
Fast Tracking
Construction begins before design is complete
Arch. and Eng. sets issued in phase packages
most commonly done with a CM
Pros: much faster schedule
Cons: lots of coordination and many prime agreements
Construction Manager as Constructor
CM is part of construction contracting firm, Single agreement with Owner.
Phases are Pre Construction and Construction
in Pre-Con, role is same as in CMa
Price is always Cost Plus (w or w/o GMP)
CM@Risk - GMP is calculated with partially complete documents (like DD set), estimating w/o full details is risk to the CM (which is why they prefer no GMP)
B133, A133, A134, A201
Architect does Preconstruction and CA
CA begins when O accepts GMP, or O accepts control estimate or when O issues notice to proceed
Control Estimate
estimate of Cost Plus Fee for work
Design Build
Owner contracts with one entity for both design and construction services
- Contractor with in house designer - Contractor partnering with Architect (joint venture) - Developer who subs out both A and C services
Owner provides design criteria
DB develops a prelim design and proposed sum
if proposal is accepted, agreement is executed
Pros: single contract, team working together for best value, contractor input early for cost savings measures, price is fixed early, total schedule usually less
Cons: owner has less control once contract is signed (Owner sets criteria, but DB then controls material quality and methods)
Reqs for Success: educated/experienced owner, clear and complete project criteria, key contractors/engineers selected early, contract allows for time and cost adjustments along the way, contract provides dispute resolutions, good communication between parties
A141, and maybe B143 or DBIA contracts
Owner provides design criteria, takes on some CA duties (submittals, changes, site visits), certifies substantial completion
Architect responsibilities are selected from list of options on the B143 form, evaluate project criteria, design based on criteria, CDs and Specs
Bridging
combines DB and DBB,
A is hired as PM, taking on some of the O roles from DB
A helps develop project criteria and preliminary scope drawings for use in DB bidding
A reviews/advises on final drawings, but is not responsible
Design Assist
Specialty subcontractors are included early in the design to help with complex or unique portions of the building. Takes effort - very clear scope, schedule, budget, and design requirements
Integrated Project Delivery
All entities collaborate from earliest conceptualization
gets best design, more efficient, cost effective, no adversarial relationships
Key difference from DB is multiple individual contracts
Phases: Conceptualization (Predesign) Criteria Design (SD) Detailed Design (DD) Implementation Documents (CD) Agency Review Buyout (Bidding) Construction (CA) Closeout
earlier phases take longer but later phases are shorter and overall is shorter
A295 - general conditions - Transitional Forms (B195, A195, A295, modeled after CM forms) OR - Multi party agreement (C191) OR single purpose entity (C195)
single purpose entity
independent LLC created for a specific project, complete sharing of risk and reward
