Tute 7 (Tara) Flashcards

1
Q

What are a few examples of when the Architect might complete mandatory inspections during construction?

A

E.g. to confirm that insulation has been installed as specified before wall linings are installed or that the substrata have been properly prepared before tiling commences.

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2
Q

What is a ‘Witness Point’?

A

Usually defined as an opportunity to witness an activity or item for which the contractor is required to give notice but which involves no obligation of the architect to witness (ie a er the period for notice, the contractor may proceed with the activity or item).

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3
Q

During construction, what is a ‘Hold Point’?

A

Usually defined as an opportunity to witness an activity or item for which the contractor is required to give notice. The contractor must not proceed further without the approval of the architect.

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4
Q

What is a ‘Verification Point’?

A

Usually defined as an activity or item for which the contractor is required to comply with requirements and confirm and record compliance or to identify and rectify a default or non- compliance before proceeding.
For remote sites, the concepts of witness point and hold point are not always practical because the architect and its specialist consultants cannot personally visit the site to carry out inspections as may be required. However, if a verification point is specified, the contractor must provide evidence or proof that a performance or other requirement has been met or, alternatively, that a default or non-compliance has been identified and has been rectified.
For remote sites, this involves the concept of ‘self-verification’ by the contractor.

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5
Q

What are examples of when a mandatory inspection might not be needed but digital photographs might be useful?

A

Other provisions that architects may wish to consider include submission of digital photographs:
that show concrete being poured with reinforcement in place
with each progress claim to support the particular progress claim
that show defects identified by the contractor (together with a wri tten description of the proposed rectification).

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6
Q

What are a few examples of Latent Conditions?

A

unexpected subsoil conditions affecting the bearing capacity of the site rock at a depth not anticipated (higher or lower)
rock harder or so er than anticipated
isolated rock ‘floaters’
services or service locations not in accordance with the site information
the capacity of existing services less than advised
conditions within an existing building being renovated or altered found to be different to what could reasonably be expected

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7
Q

What should you do when receiving a material substitution to the specification of a specific material in the contract?

A

Analyse the material and get written approval form the relevant expertise/consultant.
get the clients approval.
The architect may be in breach of the Institute’s Client and Architect Agreement in allowing for the alteration to approved documents, and therefore a substitution without wri en approval from the owner. If the contractor proposes a substitution for materials specified in the contract documents, the architect should request approval from the owner for the substitution.

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8
Q

What ‘supervision’ is required under contract administration?

A

NONE! Trick question! haha
Any reference to ‘supervision’ makes the architect liable for the acts of the builder.

It is vitally important to have adequate conditions of engagement, and in particular, to avoid using the term ‘supervision’ with respect to the architect’s role in the building contract. One substantive difference between the roles of ‘supervision’ and ‘contract administration’ is that the contract administrator can rely upon the inspections undertaken by an engineer engaged by the owner, whereas a ‘supervisor’ cannot.

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9
Q

Partial services may include:

A

Design only (see Partial services – agreements)
Design and documentation only (see Partial services – agreements)
Partial contract administration only (see Partial services – agreements)
Secondary or subconsultant engagements (see Architects engaged as secondary or subconsultants).

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10
Q

With partial services, regardless of the service provided, architects need to be aware of the following:

A

Fees
Agreements
Limitation of liability/insurance
Withdrawal of license (see Partial services – agreements) Issuing certificates (see Requests for issuing certificates) Copyright and moral rights

When engaged in partial services, tailor your services, protect your liability and understand your copyright and moral rights, including right of a ribution.

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11
Q

What contract does the institute provide for partial services?

A

Client Architect Agreement for Limited Services (CAALS2019)

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12
Q

It is recommended to include a clause in your client Architect agreement withdrawing the client’s licence to use the design in circumstances where there is a breach of the terms or conditions of the agreement. In which scenarios might this be useful?

A

a failure to pay the architect

significant design changes being made without the architect’s consent, or the design being used for another site.

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13
Q

Construction activities such as the following, can all cause damage to adjacent properties and their materials, finishes and building elements, and such adverse effects can also extend to roads, pavements and landscaping:

A
vibrations caused by mechanical plant
site works
underpinning
excavations altering the water table
Under such conditions it may be prudent to seek the neighbours' cooperation in allowing the dilapidation survey to extend to their premises, and to be witnessed and agreed to by a third party.
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14
Q

what is the best dilapidation survey?

A

The best form of a dilapidation survey is a photographic survey carried out, and dated, prior to the start of adjacent construction activities, which should be accompanied by notes as to the condition of the building fabric and finishes, detailing good, average, poor condition etc.

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15
Q

where can dilapidation occur in older structures?

A

While old structures rarely exhibit se ttlement to any great degree, it is common to find distress, se ttlement or cracking at skirting or cornices where horizontal and vertical finishes meet, or around steps, paths, verandas and patios, where internal structure meets on-grade elements. Service lines such as drains may be fractured or broken by landscape elements such as trees, tree roots and the like.
Roofs on old buildings oft en exhibit cracked or broken tiles, loose ridge, barge or hip coverings as a result of extremes of temperature or freeze-thaw cycles.

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16
Q

What is the line of communications when it comes to subcontractors claims for payment?

A

They should be sent directly to the contractor and be paid by them after being accessed by not only the architect, but also the appropriate specialist consultant.
Both the specialist consultant and the architect have an obligation to expedite claims for payment.

17
Q

Practical Completion may involve:

A

Practical Completion may involve:
completion of all works to a state of practical usage
the issue of a notice of practical completion for the whole of the project (or the relevant part of the project in the case of a contract providing for staged practical completion) establishment of date for commencement of defects liability period(s). (Note: Some building contracts allow a second defects liability period for plant and equipment.) delivering up of warranties called for by the contract
release of 50% of retention monies or bank guarantee
transfer of responsibility for insurance of the Works from the contractor to the owner

18
Q

Which entities have developed standard form contacts?

A

the AIA (Australian Institute of Architects), the MBA (Master Builders Association), Standards Australia, the Property Council of Australia and the HIA (Housing Institute of Australia.

19
Q

Which entities contribute and publish the standard contact - ABIC?

A

The Australian Building Industry Contracts (ABIC) are jointly published by Master Builders Australia Limited (Master Builders) and the Australian Institute of Architects (Institute).

20
Q

In terms of the difference between ABIC simple (SW and Major works (MW) contracts, what does SW not provide?

A

urgent instructions
separable parts to the works
change of type of security given by the contractor to the owner
provision of security for payments for off-site plant and materials
provision by the owner of security to the contractor
dangerous or contaminated materials
encroachments
quality assurance systems
separate contractors
identified, project specific potential causes of delay that entitle the contractor to costs

21
Q

Compared to the SW (ABIC Simple Works) contract intended for simpler projects, MW (ABIC Major Works) provides for the following additional issues:

A

urgent instructions
separable parts to the works
change of type of security given by the contractor to the owner provision of security for payments for off-site plant and materials provision by the owner of security to the contractor
dangerous or contaminated materials
encroachments
quality assurance systems
separate contractors (except in Queensland)
amendments to programs and the consequences of any amendments alternative dispute resolution
expert determination of disputes
arbitration of disputes
contract confidentiality

22
Q

What are the three types of ABIC contracts within the two categories?

A

an integrated suite of versions for major, simple and basic works, and for housing and non-housing projects;

23
Q

What is the latest date of the ABIC contracts? Anything before this date is not permitted to be used.

A

April 2018

24
Q

What does ABIC stand for?

A

Australian Building Industry Contracts

25
Q

What does DBCA 95 stand for?

A

Domestic Building Contracts Act 1995 (DBCA)

26
Q

Fill the blank:
Under the Domestic Building Contracts Act 1995 (DBCA), projects for domestic building work with a contract price of more than $_____ must use a DBCA-compliant form of contract, like the SW H Vic or MW H Vic.

A

$5,000

27
Q

What does DBCA include in regards to the owner paying a contractor a deposit?

A

The deposit amount is a pre-payment of the contract price, capped to limits specified in the DBCA and regulations.

28
Q

What does the SW and MW H Vic include in relation for the owner to pay the contractor a deposit?

A

SW and MW H Vic contracts provide a mechanism for the owner to pay the contractor a deposit. The deposit amount is a pre-payment of the contract price, capped to limits specified in the DBCA and regulations.

29
Q

What is the Rule of Subrogation in terms of insurers?

A

The doctrine of subrogation allows an insurer to: bring a claim in the insured’s name against a third party responsible for a loss suffered by the insured; and. claim from the insured any double recovery that has been made.

30
Q

What are the reasons you would re-tender?

A

If you know there is a market anomaly and there will be a different result in 6 months for example. And you should always go back to the initial tenderers first.

If the budget is over and you change the scope, redocument and re-tender.

31
Q

Can the client overrule your instruction as a contract administrator?

A

No. You are an independent accessor acting independently of the owner.