Quick Notes Flashcards
Construction Management At Risk
- services provided by independent contractor
- project must be completed by established substantial completion date
- project must be completed within agreed upon budget
- owner can be compensated for any work that does not conform to the contract documents
As-built drawings
Created during and after course of construction to not forget small details/changes along the way.
Used to determine if all elements of a site design were built according to construction documents.
Used to document any changes from original design due to unforeseen site circumstances, design changes, and the like. For future reference to owners/maintenance/additions etc. on site
Legally contain absolutely everything as it was built or exists
Way of documenting any changes to the design that occurred during the course of construction due to such factors as owner-authorized changes to the design and errors in accounting for existing site conditions. In essence, they serve as a record of the design as it is built and could be used for:
- compare final built conditions to those in the record drawings
- determine liability in construction-related litigation
- used by a future party to make modifications, additions or alterations to a project site
Record Drawings
Document changes that have occurred during the construction process
A record of all changes that occurred in the field and that are documented through change orders, addenda, or contractor/consultant drawing markups.
Within the context of a private project, which party has ownership of design documents
Ownership of the documents must be established in the design contract.
In absence of agreement, design would control ownership.
In public, often owner retains ownership.
What is covered in contractor’s cost summary included with bid?
Transportation items
Incidental items (not explicitly listed, integrated into other line items)
Operation costs and profit
- would not address the price of anything deemed to be an additional service because service would be outside scope of services being bid by contractor.
Mediation
Voluntary method of resolving disputes in which the parties come to a common agreement that is intended to end the conflict in question.
- led by a third party
- occurs outside municipal court system
- less formal process than other techniques
- non-binding results
Arbitration
- led by impartial third party
- occurs outside municipal court system
- binding and final (cannot be repealed or reheard)
- not always court-enforceable
- do not establish legal precedents
- to be court enforceable, both parties must engage in a process known as “binding arbitration”
Time and Materials contract
Fee structure by which design firm is paid for time and materials spent, paid for labor and other direct costs like printing. Hourly labor rates negotiated and established in advance of performing the work.
“Maximum Not-To-Exceed” is added to this contract type to ensure that the owner is not billed past a maximum dollar amount unless there is a change of scope and a subsequent contract amendment.
Of contract options, typically best suited to work with an unclear scope and
Adding maximum not to exceed could alleviate the client’s concerns about the total cost of design services given that it would put a hard cap on the amount billed to the client.
How to determine percentage completion of construction documents
Make an estimate based on the number of drawings completed in relation to the list of drawings required
- this would give project manager a relatively detailed understanding of the amount of work completed, which when combined with their experience on past projects and overall team performance, could be used to determine the percentage completion of a project.
Project Work Plan
Organizational framework to plan how and in what sequence project work will occur.
Takes the scope of services (outlined in the contract documents and client agreement) and divides this scope into specific tasks and clarifies how and when this work will be accomplished by the design team.
Establishes the project communication procedures/hierarchy and the reporting structure, as well as safety, accounting and quality control procedures (e.g., CAD Standards).
Provides design project’s management team with a high-level plan of the project work so that they can assess whether the project has been properly planned and - as the project progresses - if the project work is being completed in reference to its stated goals.
Lump Sum Contract
Cost Plus Fixed Fee
Guaranteed Maximum Price
Bidding private sector
- site owner can choose any contractor they desire
- allow the bid advertisement to be shown to a select group of well-regarded contractors
- reserve right for owner to reject any and all bids
Private owners have the ability to negotiate the bid advertisement and contractor selection process as they see fit.
Bidding public sector
Torts
Private or civil wring doing or injury that occurs independent of a contract and are not criminal in nature.
Because they do not involve contracts and are not explicitly criminal acts, torts are often settled through common law interpretations.
Torts generally result from a specific action or failure to act and, in this sense, violate social norms.
For a tort to occur:
- one party (generally the defendant) must owe another party a duty (generally the plaintiff)
- there must be a breach of performance of that duty (this is where the concept of “social norms” applies)
- someone must be harmed by this breach of performance
- and there must be a clear relationship between the harm suffered and the breach of performance
Quality control of construction drawings generally takes place at which percentage of completion in the evolution of a drawing?
90%
Agreement for professional services would be formed between which of the following parties:
Owner
Consultant
Public bidding process awarding
Bid awarded to lowest responsible bidder submitting a regular bid.
Responsible bidders are determined through post qualification, and regular bids are considered to be those bids that conform to the requirements set forth in the bidding documents (e.g., bid is not late, contains all requested information, contractor is properly bonded)
Project design budgets vs.
project construction budgets
Design budget is amount of money allocated for design services
Construction budget represents amount of money available to have the project built.
Designer is expected to provide client with design that reflects construction budget, but the designer’s budget to produce that design does not incorporate the construction budget into the designer’s fee structure.
Lien rights
…
Generally waived for public works projects because public property is generally not subject to liens.
In many states, workers, suppliers and subcontractors are allowed to file a “stop notice” for public works projects in which they remain unpaid by the general contractor. In this sense, “stop notice” protects their interest in a capacity similar to a lien.
Benefits of lump sum/fixed fee contract
All parties have agreed to a predetermined budget for a defined scope of services. While the total budget for a project can be altered by mechanisms such as change orders, the lump sum contract deuces the potential for significant cost overruns.
- does not require precise measurements of in-place quantities to determine payment.
Items found on utility plan
location of:
- sewer lines and infrastructure
- telephone poles and overhead wires
- water meters and lines
- electrical and storm water drainage infrastructure
- other comparable information