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Flashcards by Kara Biczykowski, updated more than 1 year ago
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Created by Kara Biczykowski
about 3 years ago
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| Question | Answer |
| 1) as one of the most important contract docs, the A201 Gen. Cond's of the Contract for Const. is incorporated by specific ref. into: 2) Article 1 "Gen. Provisions" contains 6 sections, w/ section 1.1 "Basic Definitions" which defines: | 1) the B101 owner-arch agrmt & A101 owner-contractor agrmt (read entirety of A201 before exam!!) 2) terms used in the rest of the doc. |
| 1) one of the most important definitions is that of "contract documents" which consists of: | 1) agrmt btwn owner & contractor 2) cond's of the contract (gen., supplementary, & special) 3) the drawings 4) the specifications 5) addenda issued before contract is executed 6) oth docs listed in the agrmt 7) modifications issued after the contract is executed |
| 1) contract docs don't include oth docs like: 2) section 1.1.2 states the contract docs don't create a contractual relationship btwn: 3) the definition of "work" consists of the contractor's obligations to: 4) the definition of "project" may include: | 1) bidding documents 2) the arch & contractor, btwn the owner & any subcontractor, btwn the owner & arch, or btwn any oth persons oth than owner & contractor 3) provide improvements to the project 4) const. by oth contractors or the owner's own forces (work may be whole of project or just part of it) |
| 1) Section 1.1 defines "instruments of service" which are any representations of 2) Section 1.5 states the arch & their consultants are: 3) Section 1.6 states if the parties intend to transmit info in digital form they must: | 1) the (in)/tangible creative work of the arch & their consultants like studies, surveys, models, sketches, dwgs, spec's, sim mat.'s 2) the owners of their respective instruments of service 3) try to est. necessary protocols for data transmission |
| THE OWNER - Article 2 "owner" outlines the duties, responsibilities, rights of owner 1) ex - responsibility to supply reasonable evidence if the contractor requests it in writing before work begins, that: 2) if work has begun, contractors can only request this evidence if: | 1) financial arrangements have been made to fulfill owner's obligations under the contract - aka to show that the contractor can be paid 2) owner fails to make payments, a change in the work materially changes the contract sum, contractor identifies in writing a reasonable concern regarding the owner's ability to pay |
| 1) if the contractor makes a written request, the owner must give the info the contractor needs to file for a: 2) the owner must secure & pay for the (__) that are req'd to construct perm. structures or make changes in existing ones 3) ^this is gen. req'd before: | 1) mechanic's lien to be placed on the property - gen. legal description of property & proof of legal title 2) approvals & permits like zoining, easements, assessments, enviro impact studies, etc 3) the execution of the contract |
| 1) the owner isn't responsible for approvals & permits after the execution of contract like: 2) who is responsible for paying these^? 3) the owner must supply the contractor w/ one free copy of: 4) the contractor is entitled to any info the owner has about (__) & its: | 1) bldg permits & oth govt fees & permits 2) the contractor 3) the contract documents (& they can reproduce for use on the project) 4) site conditions / accuracy that the owner has provided |
| 1) if contractor fails to correct work that doesn't accord w/ the contract docs (or repeatedly carries it out) the owner may: 2a) the owner also has the "right to carry out the work" if the contractor fails to do so correctly which means: | 1) order the contractor to stop the work until the reason for the order is eliminated 2a) owner gives written notice to contractor demanding correction of the problem, contractor has 10 days to begin correcting problem |
| 2b) if contractor gives not response, the owner can begin work while: 2c) the owner may execute a change order or const. change directive that states that: 2d) ^however, the owner's action to carrying out the work & amt to be deducted from the contract sum must be approved by: | 2b) retaining the right to arbitration or legal action for breach of contract 2c) the reasonable cost of correcting the work (owner's expenses & comp. for any add. services by arch) should be deducted from the contract sum 2d) the architect |
| THE CONTRACTOR - Article 3 "Contractor" details their responsibilities: 1) before starting work, they must review: 2) unless contract docs specify instructions, the contractor is responsible for (__) the work, means of (__), & for (__) under the contract | 1) various dwgs, spec's, oth contract docs, info provided by owner, observe site cond's, take any necessary field measurements 2) supervising & directing / construction / coordinating the work |
| 1) if contract docs DO specify means of const., contractor is only responsible for: 2) the contractor isn't liable to owner or arch for damage resulting from: 3) it's not the contractor's responsibility to check contract docs are in accordance w/ | 1) job site safety, not results of arch's spec's 2) errors or omissions in the contract docs, unless they saw it & failed to report it 3) bldg codes, ordinances, oth regs, but if they notice a problem & fail to report it but cont. work, they assume full responsibility |
| 1) the contractor's responsibilities also include checking work already performed is: 2) controlling the contractor's own (__) & coord. who? 3) they're responsible to the owner for the acts & omissions of: | 1) in proper cond. to receive subsequent work 2) work force / subcontractors 3) all the ppl performing work under the contract |
| CONTRACTOR'S CONT. RESPONSIBILITIES 1) "substitutions" - if they want to make a change, can only w/ the consent of: 2) "warranty" - Section 3.5 states that the contractor guarantees that the mat.'s & workmanship provided under the contract are: | 1) owner after evaluation by arch & in accordance w/ a change order 2) of good quality, free of defects, & conform to the req's of the contract docs in add. to oth warranties from manuf. or fabricators & is separate from the one-year correction period (sec 12.2.2) |
| 3) "permits, fees, taxes" - contractor must secure & pay for what? 3a) when are they obtained? | 3) bldg permit & oths, govt fees, licenses, inspections needed for execution of work, & sales, consumer, use, & sim taxes for work provided by the contractor 3a) after the execution of the contract |
| 4) "concealed or unknown conditions" - if contractor discovers ^these cond.'s, they must notify (__) w/in (__) days 4a) after the arch investigates cond.'s they determine if it's necessary to: | 4) the owner & arch w/in 21 days 4a) increase the contract sum, time, or both, & if justified recommend an equitable adjustment |
| 4b) if contractor encounters human remains or recognizes the existence of burial markers, archaeological sites, or wetlands not indicated in contract docs: 4c) ^if this occurs, owner must take action needed to obtain: 4d)^if this occurs, contractor can request: | 4b) contractor must immediately suspend work that would affect them & notify the owner & arch 4c) govt authorization to resume operations 4d) adjustments in the contract time, sum, or both |
| 5a) "allowances" - this is: 5b) when developing the contract sum, the contractor must include: 5c) Section 3.8 "allowances" states that ea. allowance should cover the cost to the contractor of: | 5a) the arch's estimated cost of a particular mat. or equip. when the actual cost can't be determined at the time of bid or negotiated proposal (aka a placeholder) 5b) all allowances listed in contract docs 5c) the item, its delivery at the job site, & all req'd taxes |
| 5d) allowances do not cover costs of (__), b/c these should be included in the contract sum 5e) what happens if the actual cost is different from the allowance? 6) "const. sch" - contractor is obligated to provide a const. sch for (__) & to keep it: | 5d) unloading, handling, installing the item, or the contractor's overhead & profit 5e) the contract sum is adjusted accordingl by change order 6) owner & arch's info / keep it up to date & conform to it |
| 7a) "record documents" - are copies of: 7b) contractor must maintain record docs at (__) & have available for (__) 7c) where should the arch include exact req's for record docs? | 7a) all const. dwgs, spec's, & oth contract docs, marked to record exactly how the project was built, noting any changes or deviations from original docs 7b) job site / arch's ref. during const. 7c) Division 01 of specifications |
| 8a) "submittals" - the contract docs may req. the contractor to submit: 8b) submittals are not contract docs & therefore are subject to: 8c) contractor must keep min one copy at: | 8a) shop dwgs, product data, samples to show how they propose to carry out designs expressed in contract docs 8b) the architect's review 8c) the job site |
| 9a) "design services" - contractor can be req'd to provide prof. design services or certifications if: 9b) the arch must specify all (__) that such services ^ must satisfy 9c) also called "design delegation," it's legally a form of design allocation by owner b/c: | 9a) specifically req'd to do so by contract docs or in order to carry out work of the contract 9b) performance & design criteria 9c) there's no contractual relationship btwn the arch & contractor |
| 9d) design delegation allows the use of performance spec's for: 9e) design delegation let's the contractor select: | 9d) products & bldg assemblies 9e) the best approach to completing the work - ex - specialized temp. shoring may be needed to support cutting & patching operations for portion of work (contractor is responsible for this) but may req. services of registered prof. eng. to design shoring to contractor's needs |
| 10a) "indemnification" - extent by law the contractor will indemnify & hold harmless: 10b) to "indemnify" is to: 10c) indemnification doesn't relieve the arch of their liability for: | 10a) the owner, arch, arch's consultants, & agents against claims, damages, & expenses arising from performance of the work 10b) secure against loss or damage 10c) errors in dwgs, spec's or administration of the contract |
| 10d) indemnification does protect the owner & arch against situations where: | 10d) a person is injured or property oth than work itself is damaged due to the negligence of the contractor or the contractor's agents |
| THE ARCHITECT - Article 4 "Architect" states arch's roles & responsibilities in contract admin. (ch50) 1) the arch must visit the site regularly, not exhaustively, to: 2) the arch has authority to reject work that | 1) become familiar w/ progress of work & see if it's proceeding in gen. accordance w/ contract docs 2) doesn't conform to the contract docs, which doesn't create any duty/ responsibility of arch towards contractor or subs |
| 1) the arch doesn't have ctrl over: 2) the arch doesn't have the right to stop work if: 3) the arch reviews shop dwgs & submittals only to see that: 4) who is responsible for accuracy, completeness, overall coord. of work? | 1) how const. is performed or the safety precautions taken (responsibility of contractor) 2) something is wrong or a safety problem is seen, but should notify both owner & contractor of problem 3) they conform w/ the design intent expressed in contract docs 4) contractor |
| 1) the arch prepares (__) & may authorize (__) in the work if: 2) at owner & contractor's request, arch interprets & decides on matter of: 3) if consistent w/ contract docs, arch's decisions about (__) are final 4) the arch must review & respond in writing to requests for info about: | 1) change orders / minor changes / if they're consistent w/ intent of contract docs & don't adjust contract sum/ time 2) performance of the contract 3) aesthetic effects 4) contract docs & prepare supplemental dwgs/ spec's if necessary |
| CONST. BY OWNER OR SEPARATE CONTRACTORS 1) the owner has the right to perform const. on the project w/: 2) the owner has the right to award separate contracts for: | 1) their own forces & would then be responsible for the coord. of these forces w/ the work of the contractor & act w/ same obligations & rights as any contractor 2) different portions of the work & would be responsible for the coord. of activities of the separate contractors |
| 1) when requested, the contractor must work w/ the oth contractors to: 2) the contractor must give oth's reasonable opportunity to: 3) if contractor discovers const. by oth's will adversely affect their work, they must: | 1) coord. const. sch's & follow agreed upon revisions 2) store their mat.'s & perform their work 3) notify the arch. promptly |
| 1) the owner is responsible for any costs the contractor incurs due to another's: 2) if contractor's own delays, poorly timed activities, defective const. cause another to incur costs: | 1) delays, improperly timed activities, or defective const. 2) the owner must pay for it & then get reimbursed by the contractor |
| CHANGES IN THE WORK 1) under the "gen cond's of the contract" changes may be made in the work when? 2) a "change order" is: | 1) after execution of the contract by a change order, a const. change directive, or an order for a minor change in the work 2) written by the arch & signed by the owner, contractor, & arch, stating the extent of change & how it affects const. time & cost |
| 1) a "const. change directive" req's agrmt only btwn: 2) a const. change directive instructs the contractor to: 3) ^after changes in cost/ time are submitted by contractor & reviewed by arch & owner a (__) is issued | 1) the owner & arch 2) proceed w/ the stated changes in the work, even if the contractor doesn't agree w/ the basis for adjustment in contract sum or time 3) change order |
| 1) during this review ^, the contractor can include the work completed under reg. applications of a const. change directive for: 2) a "minor change in the work" can be ordered by who & in what form? 3) when is this change acceptable? | 1) payment 2) the architect alone, in writing 3) when the change is consistent w/ the intent of the contract docs & doesn't affect the const. time or cost (see ch50 for more) |
| TIME 1) the "contract time" is the period from: 2) what is expected of the contractor in regard to time? | 1) the starting date est. in the agrmt to the time of substantial completion (including any authorized adjustments) 2) to proceed expeditiously w/ adequate work forces & to complete the work w/in the allotted time |
| PAYMENTS & COMPLETION 1) the contractor makes monthly applications for payment based on: 2) the arch reviews these applications & can either: | 1) % of work completed in accordance w/ a sch of values allocated to various portions of the work 2) issue the owner a certificate for payment or withhold issuance if there are valid reasons |
| LIENS 1) a "mechanic's lien" is a claim by: 2) ^ this is a common method for an arch, contractor, or mat. supplier to: 3) if a property carries a mechanic's lien, it can't be: 4) if a contractor doesn't pay a sub or mat. supplier, & the unpaid party files a mechanic's lien against property: | 1) one party against the property of another party for the satisfaction of a debt 2) gain payment 3) sold or transferred until the lien is disposed of (or bonded), except thru foreclosure 4) the owner becomes responsible for payment |
| 1) if the lien isn't paid, the property can be: 2) Section 9.10 of "Gen Cond's of Contract" outlines methods for: 3) the contractor is req'd to submit a release or waiver of liens to the owner before: | 1) foreclosed by the lien holder, the lender, or a taxing entity 2) protecting the owner from liens b/c they're not responsible for paying subcontractors or mat. suppliers 3) final payment is made or reainages of previous payments are released |
| 1) the contractor must provide the owner & arch w/: 2) exact laws governing liens & time periods in which one may be filed vary from: | 1) an affidavit of payment of all debts & claims, & one of release of liens stating all obligations have been satisfied which is attached to the affidavit 2) state to state, so it's important arch & owner are familiar w/ local regulations |
| PROTECTION OF PERSONS & PROPERTY 1-5) Article 10 "pro. of persons & prop." states the contractor is solely responsible for: | 1) on-site precautions against injury or damage to: 2) contractor's employees 3) oth ppl affected by the work 4) the work itself 5) oth property at the site or adj to it |
| 1) if the work sustains damage due to inadequate protection the contractor must 2) Sec. 10.3 contains provisions concerning the discovery of: 3) what must the contractor do if ^ (__) is found? 4) what must the owner do if ^ (__) is found? | 1) repair or correct it (unless damage is caused by owner or arch's actions) 2) asbestos, PCBs, or oth hazardous mat. 3) stop work & notify the owner & arch in writing 4) obtain the services of a licensed laboratory to determine whether the hazardous mat.'s reported by the contractor are present |
| 1) who is responsible for removal of hazardous mat.'s? 2) when can work resume? 3) who is responsible for bringing hazardous mat.'s onto site? 4) the contractor must (__) the owner for any costs incurred for the remediation of a hazardous mat. they bring to site or negligently handle | 1) the owner 2) upon written agrmt of the owner & contractor 3) owner, except to extent that the contractor is negligent in using & handling them 4) indemnify (compensate someone for harm or loss) |
| INSURANCE & BONDS 1) Article 11 "insurance & bonds" describes: 2) where are additional provisions located due to a specific project's unique nature 3) the arch isn't responsible for giving (__) to the owner or contractor for: 4) an arch's prof. liability insurance doesn't protect against: | 1) insurance needed that owner & contractor are req'd to maintain to protect against various types of losses 2) in supplementary conditions 3) advice / matters related to insurance or bonds 4) adverse consequences for giving ^ this type of advice |
| 1) both the owner & contractor should receive insurance & bond advise from: 2) the contractor must provide liability insurance to cover: 3) the contractor should req. who carries the same ^ insurance | 1) their respective legal counsels & insurance advisers 2) worker's compensation, bodily injury or death, damages to the work, personal injury, motor vehicle insurance, claims involving contractual liability 3) their subcontractors |
| 1) the contractor must add who to insurance as additional parties for claims caused by contractor's negligence 2) amt of coverage must be at least" 3) coverage must be maintained w/out interruption from: | 1) the owner, arch, & arch's consultants 2) the max liability specified in the contract or req'd by law, whichever is greater 3) fromt he beginning of the work until the date of final payment |
| 1) at the beginning of a project the arch should write to remind the owner to: 2) ^ w/ this info + the owner's bond req's, the arch can help prepare the: 3) the arch should have what from the contractor before issuing any certificate of payment 4) the owner must purchase & maintain: | 1) determine w/ their own legal+insurance advisors the type & amt of coverage req'd 2) contract & bidding docs 3) certificates of insurance 4) liability insurance |
| 1) what does the owner's liability insurance protect themselves against? 2) the owner's property insurance protects against: 3) what type of property policy should it be 4) what should the amt of coverage be? | 1) claims & losses arising from operations under the contract, including property damage & loss of use 2) fire, theft, vandalism, oth hazards 3) an all-risk policy that insures against all perils not specifically excluded 4) the full value of the work (typ contract sum + subsequent modifications) |
| 1) who may req. who to provide a "surety bond" to cover the faithful performance of the contract? 2) a "surety bond" (aka contract bond) is: 3) the "surety" (bonding co.) agrees to be responsible to the "obligee" (the owner) for: | 1) owner may req. the contractor does 2) an agrmt among at least 3 parties & is protection for the owner against default by the contractor 3) the default or debts of the "principal" (the contractor) -ch 49 |
| UNCOVERING THE CORRECTION OF WORK 1) if the contract docs req. certain portions of the work remain uncovered for arch's observation & contractor covers them, then what must happen? 2) the arch may request that work be uncovered even if: | 1) the contractor must uncover them at no additional charge when the arch. requests this in writing 2) they didn't specifically request to examine a portion of the work before it was covered |
| 1) if uncovered work is found not to be in accordance w/ the contract docs then: 2) if the uncovered work is found to be in accordance w/ the contract docs then: 3) before substantial completion, if the arch rejects work b/c it doesn't conform to the contract doc req's, then what: | 1) the cost of uncovering, correcting, & covering the work is the responsibility of the contractor 2) the cost is the responsibility of the owner 3) the contractor must correct the work & bear the cost of this including testing, inspections, & compensation for arch's services associated w/ corrections |
| 1) for 1 yr after substantial completion of w/in the effective dates or warranties, if any work is found not in accordance w/ the contract docs then what? 2) the owner may exercise their right to carry out the work if: | 1) the contractor must correct the defective work after written notice from the owner w/in a reasonable time 2) the contractor hasn't made corrections & a 2nd written notice to correct work in 10 days hasn't been done = so they can have oth's correct it |
| 1) the owner can choose to accept (__) work so long as it: 2) ^ this would entail a change in the contract & therefore req. a: 3) what benefit can this have? | 1) nonconforming work / meets code 2) written change order 3) the contract sum may be able to be reduced |
| CONTRACT TERMINATION / SUSPENSION 1) for reasons given in Sec 14.1 of "gen cond's of contract" who may terminate? 2) the contractor may terminate work if it's: | 1) either owner or contractor 2) stopped for more than 30 days thru no fault of them or anyone working for them |
| CAUSES CONTRACTOR CAN TERMINATE 1) a court order 2) an act of government 3) the arch's failure to issue a certificate of payment of give a reason for not doing so | 4) the owner's failure to make payment on a certificate of payment w/in the time stated in the contract docs 5) the owner's failure to give proper evidence that financial arrangements have been made to fulfill the owner's obligations |
| 1) the contractor may also terminate the contract if work has been repeatedly delayed by owner for how long? 2) ^this is only possible if: 3) the owner may suspend or terminate the work for: | 1) a total of 120 days in any 365 day period or a total # of days = to the const. time in original contract docs 2) delays are not cause b/c of contractor or anyone working for them 3) convenience, w/out any cause |
| 1) for better reason, if arch certifies justification, the owner can terminate if the contractor fails to: 2) in all cases from anyone (__) must be given beforehand | 1) supply enough properly skilled workers or mat.'s, fails to make payment to subs, disregards laws & ordinances, is guilty of substantial breach of a provision of the contract docs 2) 7 days written notice |
| "CLAIMS & DISPUTES" - Article 15 1) a "claim" is an assertion made by one of the parties to the contract that they're owed: 2) a claim is initiated by giving: | 1) payment or oth form of relief under the contract's terms OR oth disputes relating to the contract btwn owner & contractor 2) written notice to the oth party & the initial decision maker (IDM) w/in 21 days of either event that gives rise to claim or claimant discovers cond. that causes it |
| 1) while the claim is being resolved, the contractor & // owner must: 2) a claim is first referred to: 3) if the IDM doesn't make a decision or either party doesn't agree w/ one made: 4) ^ & if this is not successful then the claim is resolved by: | 1) cont. w/ the work // cont. to make payments according to contract 2) the IDM 2) the claim goes to mediation 3) then the method of binding resolution that was agreed to by the owner & contractor in their contract, either arbitration, litigation, or oth |
| 1) claims can only be made for what & include the cost of: 2) the contractor & owner agree to waive claims for (__) damages 3) ^ these are damages not caused directly by the oth party's actions but from consequences of them, ex: | 1) "direct damages" / repairing defective work or completing unfinished work 2) "consequential (indirect) damages" 3) a contractor doesn't finish a retail store by original completion date, the rent the owner must cont. to pay on the unopened store & profits lost from not operating |
| 1-3) Sec. 15.1.6 specifies consequential damages waived by owner include: | 1) rental expenses 2) loss of use, income, profit, financing, business, or reputation 3) loss of mgmt or employee productivity |
| 1-3) Sec. 15.1.6 specifies consequential damages waived by contractor include: | 1) expenses in running the contractor's principal office, including compensation for staff there 2) loss of financing, business, or reputation 3) loss of profit oth than anticipated profit arising directly from the work |
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