Primary Contractual Documents Flashcards
The contract documents consists of …
…the Owner-Contractor Agreements, the general conditions of the contract, the supplementary conditions of the contract (if any), the drawings, specifications, and addenda issued propr to execution of the contract, and other documents specifically listed in the agreements, and modifications issued after execution of the contract
Modification (change order)
a construction change directive
-a written order issued by the architect for a minor change in the work, or a written amendment to the contract signed by both parties
project delivery
-entire sequence of events necessary to provide an owner with a completed building
the legal concept of agency involves three parties:
1) the principal (owner)
2) the agent (architect)
3) third party (contractor)
single prime contract
-contract in which the owner has an agreement with a general contractor to build a project according to the plans and specs
primary advantage of a single prime contract
- owner has single source of responsibility
- project is also easier to administer for archtiect
multiple prime contract
- portions of work, sich as mechanical, electrcial, and plumbing are contracted separately with owner
- more difficult to administer for architect
many prime contracts
- applied in fast track construction where one portion of the work needs to start before the other elements are designed or ready to be priced
- often requires the use of a CM
design-award-build method
- most common and traditional of the three method of project delivery
- architect designs project and produces drawings used for costing and awarding a construction contract, either via competitive bidding or negotions
- contractor builds projects, with architect providing CA services
- owner has separate contracts with architect and contractor
advantages of design-award-build method
- simple because all roles are well defined
- work proceeds in a linear fashion
- contract relationship are straighforward
- coordination problems are minimized
disadvantages of design-award-build method
-one phase of the project must be completed before the next phase can begin
fast track method
-used when overall time for design and construction must be compressed
roles of a construction manager (CM)
what contractual document is used if a CM is an independent advisor?
What are the advantages of using a CM
- ealry advice on constructability of the design as it is developed
- early cost estimating and value analysis
- project scheduling
- professional management of multiple contracts
- in some cases, a guaranteed price and completion date
What are the disadvantages of using a CM
What are the disdvantages if a CM acts as the construction contractor?
three common methods for establishing a total cost for the project
fixed price method (stupulated sum or lump sum)
guaranteed max price method
cost plus fee method
design build method
-owner contracts with one entity to provide both design and construction services
advantages of design build method
- single source of responsibility
- adminstering the contract is direct
- owner has fixed price early in the process
- overall time of design and construction is reduced
disadvantages of design build method
when is the design-build method typically used?
-used by owners who have experience with multiple facilities and who have clearly defined needs that can be precisely stated in performance requirements
What is AIA B141
documents that outlines architect’s responsibilites
decribe the first part of AIA B141
describe the second part of AIA B141
-Standard form of Architect’s Services
project administration services
evaluation of budget and cost of work
evaluation and planning services
design services
construction procurement services
contract administration services
owner’s responsibilites of owner-architect agreement
the second part of AIA B141, Standard Form of Architect’s Services: Design and Contract Administation, requires the owner to provide three additional supporting services
1) the owner must provide a program that gives the owner’s objectives, schedule, constraints, and design criteria, inlcuding space requirements and relationships, special equipment, systems, and site requirements
2) the owner must furnish land surveys to describe legal limites of the sire
3) owner must furnish services of geotechnical engineer, which may include test borings, determinations of soil bearing values, percolation tests, evaluation of hazardous materials
an architect may assist an owner in procuring surveying services using what document
AIA documents G601
instruments of service
- drawings, specs, and other documents, including those in electronic form, are instruments of service and belong to the architect
- owner is allowed to keep and use originals and copies in connection with the project, but cannot use them for other projects or for addtional work
waiver of consequentioal damages
-both architect and owner waive on consequential damages, which limits claims to damages resulting directly from a breacj of the agreement
provision for hazardous material
-the architect and architect’s consultants have no responsibility for the discovery, presence, handling, removal, or disposal of or the exposure of persons to hazardous materials such as asbestos, PCBs, or other toxic things
provision for third party claims
- states that noting in the agreements shall create a contractual relationship with a third party against either the architect or the owner
- this is to reinforce the idea of privity, which states that one party to a contract is protected from claims from other parties with whom there is no direct contractual relationship
provision for causes of action
- provides a uniform fate from which a statutes of limitation period will begin if legal actions are taken by either the architect or the owner,
- defined as either the date of substantial completion for acts or failures to act occuring prior to substantial completion or the date of issuance
provision for waiver of rights
aka waiver of subrogation
- provides a waiver of damages that are covered by property insurance during construction
- it means that the owner and architect cannot sue each other for damages if they are covered by property insurance that is required by the Owner-Contracto Agreement
- prevent the insurance company from suing any of the principal participants in the project to recover what has been pais out for an insured loss