Written Communications

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Which communications must be in writing? Certificates given by architect or contractor. Notices to and from owner, contractor, architect, surety, and others. Submittals to and from the owner. Additional agreements needed to facilitate progress or the work of the original contract. Orders, authorizations, approvals, and objections, and misc communications amongst the owner, contractor, and architect.
What does a contractor's certificate for payment mean? “The Contractor certifies that to the best of the Contractor's knowledge information and belief, the Work covered by the application for the payment has been completed in accordance with the Contract Documents.
What does the Architect's certificate mean? That the Architect certifies to the Owner that to the best of the Archictect's knowledge, information and belief the Work has progressed as indicated and the Contractor is entitled to payment of the amount certified.
What does the Architects certificate NOT mean? However the issuance of the Certificate for payment will not be a representation that the Architect has: 1. Made exhaustive or continuous on-site inspections to check the quality or quantity of work. 2. Reviewed construction means, methods, techniques, sequences or procedures. 3. Reviewed copies of requisitions received from subcontractors and material suppliers and other data requested by the owner to substantiate the Contractor's right to payment. 4. Made examination to ascertain how or for what purpose the contractor has used money previously paid on account of the contract sum.
Distinguish between substantial and final completion. In construction contracts, the ending date of the construction time schedule is the date of Substantial Completion which is the 'stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for it's intended use.' The determination of the date of Substantial Completion is left to the judgment of the Architect
Who relies on these certificates? The Owner, Surety, Lender, Contractor, Subcontractor, Suppliers (and Lawyers or Litigators, if it goes sour)
List several types of notice. 44 types of Notices including all communications transmitting information, demands, and claims. Notices must be in writing, carefully worded for accurate expression to avoid ambiguity and should always be dated. Duly served when it is delivered in person to the individual, form or entity or if delivered or sent by 'registered' or 'certified' mail. examples: *Owner's order to the contractor to stop the work. *Contractor's report to architect of errors, inconsistencies or omissions. *Contractor's giving notices required by laws. *Architect informing owner of the progress of the work. *Contractor's claims for increase in the contract sum. *Owner's notification of surety. *Architects written decisions on claim of owner or contractor.
List several types of submittals. 35 types of written information presented by the contractor or owner to the other such as site information, shop drawings, product data, samples, schedules, and lists. Examples: Contractor furnishing of satisfactory evidence as to the kind and quality of materials and equipment. *Architect forwarding to the owner of written warranties. *Owner furnishing to the contractor of reasonable evidence that financial arrangements have been made to fulfill the owner's obligations under the contract.
List several agreements. 14 Additional Agreements that facilitate construction progress in the event of unexpected conditions or circumstances. Example: * Contractor's and owners agreement for terms of contractor's resumption of work after hazardous substances have been encountered in the work area.
List several orders, authorizations and approvals. 22 types that allow Architect, Owner or Contractor their rights of approval or disapproval and powers to consent to various proposals or submissions. Example: *Owner's authorization of contractor's substitution. *Architects approval of contractor's schedule of submittals. *Contractor's consent for owner or separate contractor to cut or alter work of the contractor.
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