Created by Kara Biczykowski
about 3 years ago
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1) owner-arch agrmt - AIA Doc B101
2) owner-arch agrmt for a sustainable project - AIA Doc B101 SP
3) owner-contractor agrmt - AIA Doc A101
4) owner-contractor agrmt for a sustainable project
5) gen conditions of the contract for const. - AIA Doc A201
1) understandings about what arch does & client gives in return for services rendered (same for contractors, consultants, subcontractors) is formalized in:
2) although the arch is not a party to the owner-contractor agrmt, the docs making up the agrmt (AIA101 & B201) do:
OWNER-ARCH AGRMT AIA B101
"standard form of agrmt btwn owner-arch"
1) this doc includes:
2) 2 articles describe the arch's services for:
1) "basic services" describe the:
2) "additional services" include:
3) if add services are to be provided they must be noted in:
4) whether add services are part of original agrmt or arises as the project progresses, the arch may be entitled to:
1) Article 1 "Initial Information," req's the arch & owner to:
2) this info includes the:
3) which doc is optional for arch to use to help gather initial info?
1) what is the intent of Article 1?
2) Article 1 states info may change, & if so:
- the arch's responsibilities are explained in Article's 2, 3, 4
3) in Article 2 "arch's responsibilities," a Standard of Care excerpt req's the arch to:
1) the arch must not take part in any activity or accept any employment, interest, or contribution that could:
2) Article 2 req's arch & owner to agree on & list types/ amts of:
3) bynd any insurance the arch carries, the owner must:
1) Article 3 "scope of arch's basic services" covers the:
2) the arch must coord. their services w/:
3) arch is entitled to trust all info & services provided by owner/owner's consultants is:
1) after the agreement is signed the arch must prepare a:
2) ^ this doc must include:
1) once the owner approves the sch, the time limits:
2) Article 3 also req's the arch to consider enviro responsible:
OTH PROVISIONS - ARTICLE 3
1) "project admin services" states the arch must manage:
2) project admin services include:
3) progress reports are writings that keep the owner informed of project's status like:
1) the project sch is not the (__) sch which:
2) the project sch includes:
1) the arch must also consider alt's to:
2) the arch must make presentations to:
3) arch must submit what to who:
4) arch must assist owner in filing doc's req'd for:
OTH PROVISIONS - ARTICLE 3
1) "evaluation of budget & cost of work" states the arch must prepare a:
2) a cost estimate should be routinely compared w/:
3) if estimate exceeds the budget, the arch must make recommendations to owner to adjust:
1) neither arch or owner can guarantee bids or negotiated prices will vary from:
2) only the (___) can guarantee prices
OTH PROVISIONS - ARTICLE 3
1) "evaluation & planning services" states the arch must provide a:
2) in the arch's evaluation they should compare:
3) arch should notify owner of any impacts that (___) may have on project
OTH PROVISIONS - ARTICLE 3
1) "design services" covers gen. what is involved in:
2) at the end of ea. design phase the owner's:
3) when SD is presented, the owner is not obligate to approve scheme if:
1) during the CD phase the arch must assist owner w/:
2) during the CD phase the arch must make clear/remind owner they're not:
3) the owner-contractor agrmt must be drafted by:
OTH PROVISIONS - ARTICLE 3
1) "const. procurement services" states the arch must assist owner in this phase by:
2) ^in order to perform these tasks the arch is:
3) the arch produces the:
1) as part of const. procurement services the arch produces the:
2) sim req's are defined if the project is negotiated w/ a:
OTH PROVISIONS - ARTICLE 3
1) "contract admin services" states arch must make:
2) the arch must keep owner informed of progress & strive to protect:
3) the arch isn't req'd to make exhaustive or continuous:
OTH PROVISIONS - ARTICLE 3 - GEN
1) the arch is not responsible for what in relation to the const:
2) ^this is b/c these provisions fall under AIA Doc:
3) ^ the only time the arch is, is when they:
4) the owner & contractor are supposed to communicate through:
OWNER'S RESPONSIBILITIES
1) B101 states owner must provide arch w/ certain info like:
2) owner may request arch assistance to develop program as an:
1) owner must supply the services of:
2) owner must supply land surveys to describe the:
3) as an expansion of the arch's standard services, the arch can assist owner in procuring these services ^ under AIA Doc:
1) the owner must supply services of a geotechnical engineer; these services may include:
2) the arch is entitle to rely on the (__) of these geotechnical services ^
3) the arch may assist owner procuring these services/coord. info under AIA Doc:
1) the owner also has certain responsibilities regarding site info & geotechnical engineering services under the terms of the:
2) owner must supply all (__) req'd by law or contract docs which can include:
3) owner must also supply:
TERMS & COND'S OF THE CONTRACT
1) "instruments of service" are considered:
2) instruments of service (IOS) retain what legal weight?
3) under the terms of the agrmt, arch grants the owner a license to:
1) IOS license is terminated if the arch rightfully:
2) unless either arch or owner terminates agrmt for cause, the owner retains:
3) if owner uses IOS w/out retaining the arch, the owner agrees to:
1) "waiver of consequential damages" states that both the arch & owner:
2) "hazardous materials" states the arch & their consultants have no responsibility for:
1) "third-party claims" Section 10.5 of AIA Doc B101 states "nothing contained in this agrmt shall create a:
1a) ^this provision is in support of "privity," which is the principle that a contract cannot be used as the:
1b) ^no one but arch or owner can sue to:
1) "causes of action" states any claim or cause of action taken by either arch or owner against the oth must be:
1a) "statute of limitations or statute of repose" is where ea. state defines:
1b) ^statute of limitations gen begins at the time the problem/injury is:
1c) ex - client discovers leaky roof 2yrs after substantial completion, & state law has 5yr statute of limitations, the claim can be filed up to:
1) "waiver of rights" clause (aka waiver of subrogation) is a waiver of:
1a) ^it means the arch & owner cannot:
1b) the waiver prevents the insurance co. from:
1) "right to photograph" states the arch has the right to photograph the project &:
1) "termination" states either party can terminate the agrmt w/ no less than:
1a) the arch is able to suspend services w/in 7 days of writing if owner fails to:
1b) if the owner suspends work or terminates the agrmt, the arch must be:
1c) the owner may terminate the contract giving 7 days written notice w/out:
COST OF THE WORK
1) "cost of the work" includes cost of:
2) costs are figured at:
3) costs such as (__) are not included b/c they're the responsibility of the owner & are part of the overall project budget
1) the arch doesn't guarantee that bids or negotiated costs will accord w/:
2) the arch must adhere to the
3) if the lowest bid or negotiated proposal is greater than the budget, the owner has 5 options:
1) if owner decides to revise the project, the arch must revise any docs they're responsible for w/out:
2) ^this means the arch should reg. check that expected costs of design:
3) ^the arch can suggest the owner hold a portion of available funds in reserve to:
ADDITIONAL SERVICES
1) Article 4, Section 4.1 of AIA Doc B101 gives a list of add' services that may be added to the arch's responsibilities including:
1) ^the arch is not responsible for these services unless:
2) if arch provides one of these add' services, they're entitled to:
- ea. service the arch will provide is described in more detail in Sec.4.2 of B101 or in an exhibit attached to agrmt
B-series AIA docs (additional services) "Standard Form of Arch's Services"
1) B202, " " Programming
2) B203, " " Site Evaluation & Planning
3) B204, " " Value Analysis, for use where the owner employs a Value Analysis Cons
4) B205, " " Historic Preservation
5) B206, "" Security Evaluation & Planning
6) B207, " " On-Site Project Represent'ion
ADDITIONA SERVICES NOT IN AGRMT
- Section 4.3 of AIA Doc B101covers 2 situations that arch must provide services not specifically listed:
*1st - Sec. 4.3.1 of B101 - services include:
1) making changes to initial info, previoius instructions, or approvals given by owner
5) preparing digital data for transmission to the owner's consultants & contractors
6) preparing design & doc's for alt bid or proposal requests by owner
7) preparing for & attending public presentations, meetings, or hearings
8) preparing for & attending dispute resolution or legal proceedings (unless arch is a party)
11) any service that has become necessary b/c the owner failed to make a decision in a timely manner, or due to any oth failure of performance by the owner or owner's consultants
- 2nd - Sec 4.3.2 B101 - covers times when arch must provide additional services to avoid a delay in const. & arch may begin services & notify owner promptly explaining why services are needed
- owner may decide all or part of services are needed & should promptly notify arch in writing - not obligated to compensated arch for unneeded services
3) responding to the contractor's requests for info (RFI) in cases where they haven't been prepared according to contract docs or the contractor could have found the info from the contract docs, from oth info provided by owner, or from correspondence & documentation from a prior project
4) evaluating extensive number of claims
OWNER-ARCH DISPUTE RESOLUTION
1) Article 8 of B101 describes:
2) what strategy must be tried 1st when one party begins a claim or cause of action
3) no dispute resolution proceedings whose outcome would be binding may be held before at least:
1) parties to mediation share (__) & may not seek:
2) arch & owner must decide what method (like arbitration/ litigation) to use if mediation fails when:
3) "arbitration" is a:
4) 1/+ arbiters w/ experience in const. industry will hear arguments of both parties & then:
1) demand for arbitration cannot be made:
2) arbitration cannot be made beyond:
COMPENSATION METHODS
- Article 11 of B101 "compensation" - parties specify how the arch will be paid
1) "stipulated sum (fixed fee)" - the owner pays the arch a:
2) w/ a stipulated sum the arch much accurately estimate what:
3) arch's fee doesn't include:
4) Section 11.8.1 lists reimbursable expenses which include:
1) "cost plus fee" (C+F) - arch is compensated for the actual expenses of doing the job plus:
2) actual expenses include:
3) "C+F multiple of direct personnel expense" approach means the salary of employees is determined & multiplied by
4) then the multiplier is increased to include:
5) ex - an employee personnel expense is $30/hr & multiplier is 2.5, then cost to client is (__) for that person
1) "C+F multiple of direct salary expense" (aka net multiplier) method is sim but the multiplier is:
1) "C+F hourly billing rates" method means the multiplier is:
1) "percentage of const. cost" method means the prof. fee is a:
2) not as popular as oth methods anymore b/c from the owner's viewpoint it appears:
3) from the arch's viewpoint:
1) "unit cost" method means fees are based on a:
2) this approach works well for projects
1-3) factors to consider when choosing a compensation method include: