Who regulates licensing thr

the California Practice Act?

The California Architects Board under the Department of Consumer Affairs.

There are 10 members:

Offering, or performing, or being in responsible control of professional sevices which require the skills of an architect in:

Sign and Affix Stamp on:

Practicing without a license is a MISDEMEANOR.

It is unlawful to hold out one's self as an architect through fraud, deception, or use of confusingly similar terms to "architect" (such as "architectural designer" [5536]

The misdemeanor is punishable by a fine of not less than $100 nor more than $5000 or by imprisonment not exceeding 1 year or both, for any person who is not licensed to practice architecture. 

practice act

According to the California corporations code what is the required amount of security for claims against a limited liability partnership? What are the 4 ways this surtiy can be provided?

$100,000 x the number of partners, with a minimum of $500,000 and a maximum of $5,000,000.

A. Insurance ploicy or policies

B. Trust or bank escow

C. Partner(s) - guarantee difference between security provided and security required

D. Net worth of partnership in previous year exceeds $10,000,000

Charges shall be filed with the board within 5 years after the board discovers, or through reasonable diligence should have discovered, the commisssion or omission, whichever comes first, but not more than 10 years after the act or omission alleged as ground for disciplinary action.

However, if a person has obtained a license by fraud or misrepresentation, the accusation may be filed within 3 years. [5561] 

May include any or all of the following:

T24

 In which approach is the computer method of energy calculation used?  What is the advantage of using the computer method?

T24

Give an example of a reason why one would choose to use the Prescriptive method as opposed to the Performance method of energy calculation. 

T24

What types of buildings are exempt of the California Energy Efficiency Standards?

T24

Describe the difference between the Prescriptive Method and the Permformance Method of energy calculations. 

The 2 methods can be compared as follows:

T24

What is the point system? 

T24

How can energy consideration affect the architecture features of a project? 

Energy considerations can affect:

T24

What is the purpose of the California Energy Commission?  How does it enforce its Energy Efficiency Standards/Regulations. 

T24

What is the prescriptive compliance approach to energy standards? 

T24

What is the benefit of the performance method under the energy code, and how is it accomplished? 

The performance approach allows a variety of design strategies and provides greater flexibility than the prescriptive approach.  In the performance approach, the standards specify an allowed "energy budget" (expressed in energy used per square foot of conditioned floor space per year) for the building based on climate zone and other characterisitics.

The performance approach allows the designer to increase the efficiency of effectiveness of selected mandatory and prescriptive measures, and to decrease the efficiency of pther prescriptive measures.  The performance approach requires the use of a Commission certiied computer program (or an alternative method under the exceptional design exemption). 

A201

What is the Project Manual and what does it include? 

The volume that is put together for the Work, including all relevant documents:

A201

An owner would like to have assurance that if he selects a bidder, he will sign a contract for construction for the amount of the bid.  Which document would you recommend that the owner obtain to allow him this action? 

A201

What is the difference between a Labor and Material Bond and a Performance Bond? 

A Labot and Material Bond is a bond provided by the contractor that insures the owner that the owner will not pay twice for labor or materials.  Assuming that the owner has made requiested payments to the contractor, and a lien is filed on the project, this bond will ensure payment to the person who filed the lien.

A Performance Bond also provided by the contractor insures that the project will be completed. 

A201

A Mechanic's Lien is a claim against property.

A Stop Notice is a claim against funds.

Public work does not allow the filing of a lien, but doesn allow the filing of a Stop Notice.  On private work, both can be filed.

A201

What is the process of filing a Mechanics Lien and/or Stop Notice?

To retain the rights to file a Mechanics Lien or Stop Notice, one must serve the owner with a Preliminary 20-Day Notice within 20 days of providing services or materials.  Before filing a lien, the owner must be served with an "Intent to File a Lien" 20-days prior to filing the lien.  After the lien is filed, a lawsuit to satisfy the lien must be initiated.

A lien can only be filed up to 30 days after the Notice of Completion has been filed by the owner with the county recorder. 

A201

A201

List the owner's obligations under the A201 contract. 

Furnish info, when requested by the contractor, that the owner:

A201

What action(s) or lack of action(s) on the contractor's part allow the owner to issue a written order to stop the work?  How long does the order last? 

If the contractor fails to correct work that is not in accordance with the requiremtns of the contract documents as required by Section 12.2

-OR-

Repeatedly fails to carry out work in accordance with the contract documents.

The stop work order is in effect until the cause for such order has been eliminated. 

A201

Upon the contractor's request, what must the owner provide? When or under what circumstances can the contractor request this information? 

Prior to the commencement of the work the contractor may request in writing that the owner provide reasonable evidence that the owner has made financial arrangements to fulfill the owner's obligations under the contract.

Thereafter the contracto may only request such evidence:

A201

Who owns the rights to the drawings, specs, and other instruments of service?

Who may reproduce these and for what purposes? 

The architect and the architect's consultants shall be deemed owners of their respective instruments of service (including drawings and specs) and will retain all common law, statutory rights, inc. copyrights.

The contractor, subcontractor, subsubcontractors and materials or equipment suppliers are authorized to reproduce the instruments of service provided to them solely and exclusively for the execution of the work. 

B163

B163

B163

What are (5) services that can be offered during Post Construction? 

B163

What are the 8 phases of Designated Services?

ML/SN

What is a Notice of Completion? 

A written notice signed and verified by the owner or his/her agent stating:

ML/SN

Lis Pendens 

A notice that a lawsuit is pending and that the lawsuit affects the real property.

Warns everyone who might acquire the property that s/he may be bound by an adverse judgement. 

ML/SN

In California, who is considered an "agent of the owner" with respect to mechanic's liens. 

Agents of the owner are:

..."every contractor, subcontractor, architect, builder, or other persons having charge of a work of improvement is held to be the agent of the owner..." 

ML/SN

What important steps should be taken prior to serving a mechanic's lien or stop notice? 

ML/SL

When does a design professional lien automatically expire?  What recourse does a design professional have when the lien expires? 

Automatically expires:

Upon expiration: The design professional must record a mechanic's lien to preserve his rights. 

ML/SN

 What is a Notice of Non-Responsibility and what must it contain?

A written notice, signed and verified by a person or that person's agent who owns or claims to have an interest in the property that is being improved and who has not caused the work of improvement.  The notice must contain:

ML/SN

When is a design professional entitled to a lien?

 What types of projects and under what dollar amount are exempt from a design professional lien?

A design professional is entitled to a lien if ALL the following occur:

ML/SN

Where does a notice of cessasion need to be recorded and when is it effective? 

A notice of cessation must be recorded in the Office of the County Recorder of the county in which the site is located.

It will be effective only if labor has ceased continuously for at least 30 days prior to recording. 

ML/SN

What must be included in a design professional's NOTICE OF LIEN? 

ML/SN

What is the amount of a design professional lien? 

ML/SN

What must a claim of lien state? 

ML/SN

What is the basic procedure for filing (serving) stop notices and liens for subcontractors and materials suppliers?

How much time is allocated for each step?

How must each step be delivered (serviced)? 

From date of furnishing labor or materials:

20 DAYS: Preliminary 20-day notice to the owner, original contractor, and construction lender (by registered/cerified mail or in person)

If a cessation of labor or notcie of completion has been filed:

30 DAYS: Record a claim of lien @ Office of County Recorder or serve a stop notice.

90 DAYS: If no cessation of labor or notice of completion, provided that labor ceases and owner or agents use work or accepts improvement then record a claim of lien or serve stop notice.

90 DAYS +: File a lien forclosure action and record lis pendens if more than 90 days. 

Historical Building Code

What is the purpose fo the State Historical Building Code of California?

Historical Building Code

Which agency is responsible for enforcing the State Historical Building Code?

Authority:  The state or local enforing agency, pursuant to authority provided under Section 18954 of the Health and Safety Code.

EBSA

Define an Essential Services Building. 

EBSA

How does Essential Services Building Act address the non-structural components in a essential services builing? 

CEQA

What are the specific goals of CEQA?

1.  identify the significant environmental effects of a project (or agencies actions) and, either:

2.  Avoid those significant environmental effects where feasible or

3.  mitigate those significant environmental effects, where feasible

CEQA

You are designing a school located on the edge of a sensitve salt marsh.  A significant environmental threat was discovered, however you made substantial changes to the project to address these issues.  What document must be provided to the lead agency to allow the project to proceed in its CEQA review?

CEQA

Define "project" as the term relates to CEQA.

Project: Means an activity that may cuase either a direct physical change in the environment, or a reasonably forseeable indirect physical change in the environment, and which is any of the following:

1.  An activity directly undertaken by any public agency

2.  An activity undertaken by a perosn which is supported whole or in part through contracts, grants, subsidies, loans or other fors of assistance from one or more public angencies, or

3.  An activity that involves the issuance to a person of a lease, permit, certificate or other entitlement for use by one or more public agencies

CEQA

What is the purpose of an Environmental Impact Report (EIR)

CEQA

What are the basic purposes of CEQA?

1.  Inform - governmental decision makers and the public about the potential, significant environmental effects of proposed activities

2.  Identify - the ways that environmental damage can be avoided or significantly reduced.

3.  Prevent - significant, avoidable damage to the environment by requiring changes it projects through the use of alternatives or mitigation measures when the governmental agencies find the changes feasible.

4.  Disclose - to the public the reasons why a governmental agency approved the project in the manner the agency chose if significant environmental effects are involved.

CEQA

You are designing additional employee housing for Trinity Alps State park.  An EIR have been completed indicating that the site chosen is sensitive meadow habitat.  The lead agency is assessing the EIR and is about to issue its response.  What are the 7 methods as defined by CEQA the lead agency has to address the environmental concerns relating to the project?

1.  Change the proposed project.

2.  Impose conditions of approval.

3.  Adopting plans or ordinances to control a broader class of projects to avoid the adverse changes.

4.  Choosing an alternative way of meeting the same need.

5.  Disapprove the project

6.  Finding that changing or altering the project is not feasible

7.  Finding that the unavoidable significant environmental damage is acceptable as provided in section 15093

CEQA

Statement of Overriding Considerations

CEQA requires the decision-making agenmcy to balance, as applicable, the economic, legal, social, technological or other benefits of a project against its unavoidable environmental risks when determining whether to approve a project.  If specific... benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered acceptable.

CEQA

What is the definition of a " Significant Effect on the Environment"?

A significant effect on the environment is defined as a substantial adverse change in the physical conditions which exist in the area affected by the proposed project.

CEQA

What are the 4 ways a project can be exempted from CEQA?

1.  The project is exempt by statute (Article 18, sec. 15260)

2.  The project is exempt persuant to a catagorical exemption (Article 19, sec 15300) and the application of that catagorical exemption is not barred by by one of the exceptions set forth in sec 15300,2

3.  ... Where it can be seen with certainty that there is no possiblity that the activity in question may have a significant effect on the environment...

4.  The project will be rejected or disapproved by a public agency

CEQA

Notice of Exemption:

What does it need to contain?

Who may file one?

When Can it be filed?

A notice of exemption may be filed by either a public agency or an applicant.  it must contain:

1. A brief description of the project

2. The location of the project

3. A finding that the project is exempt from CEQA, including a citation to the State Guidelines section or statute under which it is found to be exempt.

4. a brief statment of reasons to support the finding.

The notice shall be filed, if at all, after the approval of the project.

CEQA

What are the 3 basic steps in the CEQA evaluation process?

1. The lead agency examines the project and determines whether the project is subject to CEQA at all.  If the project is exempt the process does not proceed any further.  The agency may prepare a notice of exemption.

2.  The project is not exempt:  The lead agency takes the second step and conducts an Initial Study to determine whether the project may have a significant effect on the environment.  I the Initial study shows there is no substantive evidence that the project may have a significant effect, the lead agency prepares a negative declaration.

3.  If the inital Study shows the project may have a significant effect the lead agency takes the 3rd step and prepares an EIR

CEQA

What are the purposes of an initial study under CEQA?

1. Provide the lead agency with information to use as the basis for deciding whetehr to prepare an EIR or negative declaration.

2. Enable an applicant or the lead agency to modify a project, mitigating adverse impacts before an EIR is prepared, thereby enabling the project to qualify for a Negative Declaration.

3. Assist in preparing an EIR if one is required by:

    a. Focusing the EIR on effects determined to be significant.

    b. Identifying the effects determined not to be significant.

    c. Explaining the reasons for determining that potentially significant effects would not be significant.

    d. Identifying whether a program EIR, Tiering, or another appropriate process can be used for analysis of the projects environmental effects

4. Facilitate environmental assessment early in the design of a project

5. Provide documentation of the factual basis for the finding in a Negative Declaration...

6. Eliminate unnecessary EIRs

7.Determine whether a previously prepared EIR could be used with the project.

Coastal Act

What do the Coastal Act Policies require? 

Coastal Act

What are Local Coastal Programs? 

Coastal Act

What projects require Coastal Development Permits? 

Required for development within any coastal zone for:

Coastal Act

What types of projects are exempt from obtaining a coastal development permit? 

No permit is required for:

Coastal Act

How many coastal regions are there and what are they? 

Coastal Act

What is the Commission's authority over federal activities and offshore oil development? 

ESBA

Define Essential Services Buildings. 

Essential Services Buildings are either:

ESBA

What are essential service building types? 

ESBA

What buildings are exempted from the Essential Services Building Act? 

CEQA

What is a negative declaration? 

A written statement briefly describing the reasons that a proposed project will NOT have a significant impact on the environment and does not require the preparation of an Environmental Impact Report.  It shall include:

CEQA

What is a mitigated negative declaration?

A negative declaration is prepared for a project when the initial study has identified potentially significant effect, but:

CEQA

Notice of Determination 

A brief notice to be filed by a public agency with the county clerk or the OPR, after it approves or determines to carry out a project which is subject to the requirements of CEQA.  The notice shall include:

CEQA

Notice of Completion

(as it applies to CEQA) 

A brief notice filed with the Office pf Planning and Research by a lead agency as soon as it has completed a draft EIR and is prepared to send out copies for review.  The notice shall include:

CEQA

Notice of Preparation 

A brief notice sent by a lead agency to the responsible agencies, trustee agencies, and involved gederal agencies that the lead agency plan to prepare an EIR for a project.  The purpose of the notice is to solicit guidance from those agencies as to the scope and content of the environmental information to be included in the EIR. The notice shall include:

CEQA

What projects are exempt from CEQA? 

CEQA

Public Review 

The Lead Agency shall provide a public notice prior to certification of an EIR or adoption of a Negative Declaration.

 The State Clearinghouse in OPR enfures that all responsible agencies respond in the required review time.

CEQA

What actions can be taken by a lead agency if an EIR show that a project will have adverse effect on the environment? 

CEQA

Descibe 7 types of EIRs 

Practice

What are the 5 Ps of a client's decision making process?

Promotion - advice from friends, advertising, story in a magazine...

Product (service) - means to a solution

People - Architect - one aspect of the source

Place - location - the other aspect of the source

Price - self explanatory

Pracitce - client

Name 3 selection approaches

Qualification based selection - example is public RFQs and RFPs

Cost Based selection - price elasticity - price point where supply of arch services meets willingness of clients valuation of service

Design competition - high value of design solution as a selection factor.  Can be subject to abuse by client.

Practice - client

Name 3 service models (approaches) and explain the architects role in each

Partnership - architect is one of 3 eqaul parts with owner and contractor

Team builder model - Architect leads a team of consultants, builds on firms baseline services project by project

Trusted advisor model - Architect involved in trusted advisor role for client at policy making pre-project level, firm ma get a jump on projects in early decision making capacity

practice - business

Name the 6 archetypes of pracitce organization

The Einsteins - original ideas and new technologies - high profile design firms with original styles or philosophies

The Niche Experts - specialists, dedicated to a specific project type or service within a broader market

The Market Partner - leads in one of the major markets - health care, education, etc.

The Community Leaders - Leadership role in local market or town.  Set deep roots and seek premier local projects

The Orchestrator - Outstanding project managment, bringing skills to bear on large complex projects.  Emphasis on Speed, coordination and control

The efficiency Expert - cost advantage, focus on prototypes, site adaptations and multisite project rollouts - retail, HMO, bank branches...

Professional practice

What are 3 legal forms of business for an architecture firm?

1. Sole proprietorship

2. Partnership

3. Corporation

Professional Practice

List 5 ways of using "service" to turn sound professional prectice into sales opportunities.

1. Understand your client

2. Generate ideas - how can the firm provide better value & service to each client based on their unique needs

3. Assure Timeliness

4. Initiate client contact

5. Gain performance feedback

Professional Practice

What are 3 ways a firm's leaders can develop a service focused corporate strategy

1. Foster a service oriented culture

2. Make client service everyone's business

3. Eliminate bureaucracy

Professional Practice - business organization

Name the advantages and disadvantages to a sole proprietorship.

Advantages: easy to form, few legal expenses to create, profits all go to one owner, easily sold or closed

disadvantages: unlimited personal liability, more difficult to obtain bank financing, limits on business deductions, no shared decisions

Cal Coastal Act

Your have just informed your client that their new property is subject to the Cal Coastal Act.  They are concerned that this will give the State power of eminent domain regarding their property.  What do you tell them?

The legeslature... finds and declares that this division is not intended, and shall not be construed as authorizing the comission, port government body, or local goverment acting pursuant to this division to exercise their power to grant or deny a permit in a manner which will take or damage private property for public use, without the payment of just compensation...

Cal Coastal Act

You are designing a new conference center on a prominant point in San Mateo County.  What possible basis do you have to argue against allowing public access through the conference center once completed?

1. it is inconsistent with public safety

2. adequate access exists nearby

3. the protection of fragile coastal resources

Cal Coastal Act

you are comissioned to design a new restaraunt on Tomales Bay adjacent to the point Reyes National Seashore and sensitive wetlands habitat.  What are your responsibilities as defined by the coastal act to the design of the structure?

in areas adjacent to environmentally sensitive habitat areas and parks and recreation areas shall be sited and designed to prevent impacts which would significantly degrad those areas, and shall be compatible with the continuance of those habitats and recreation areas.

AIA 201

The contractor on the project has failed to install the drywall on schedule.  The owner issued a written notice to the contractor 10 days ago.  What are the onwers rights under the AIA201 contract?

The owner's right to carry out the work:

The owner may, without prejudice to other remedies the owner may have, correct such deficiencies.  In such case an appropriate change order will be issued deducting from the paments...due the contractor the reasonable cost of correcting such deficiencies including owners exspense and comensation for the architect's additional services.

AIA 201

The final inspection by the building inspector of a multi-family housing peoject results in rejection because the guardrails do not meet a more stringent local ordinance.  The architect has never worked in the jurisdiction before, while the contractor was selected in part because they frequently work on multi-family in the jurisdiction and market themsleves as "familiar with the local regulations".  The contract set of documents did not include the correct railing specification, but the architect contends that the contractor should have brought this to his attention when the reviewed the documents.  Who is responsible?

The architect is responsible:

3.2.3 The contractor is not responsible to ascertain that the contract documents are in accordance witj applicable laws, statutes, ordinances, codes, ruled and regulations or lawful orders of public authorities, but the contractor shall promptly report to the architect any non-conformities discovered by or made know to the contractor...

unless:

3.7.3 the contractor performs work knowing it to be contrary to applicable laws... or lwaful orders of public authorities, the contractor shall assume appropriate responsibility for such work and shall bear the cost attributed to correction.

AIA 201

You are the architect on a new library job currently in construction.  The materials supplier for the library stacks send the shop drawings for their work directly to you.  What do you do?

Send the submittal to the contractor and ask him to review and approve the shop drawings.  If the shop drawings are required by the contract documents then the contractor should return them to the architect for review.  If they are not required by the contract documents, the the architect should inform the contractor that he does not need to review them and they should not be returned to him.

AIA professional practice

You have been selected as architect for design of a new restaurant.  The owner develops restaurants and has his own standard contract he would like to use.  In reviewing it what should you be looking for?

• The expectations of the parties are clearly articulated and reasonably integrated
• The rights and obligations of the parties are clearly expressed
• Risk and reward are addressed and fairly allocated
• each source of risk is allocated to the party in the best position to control or otherwise manage it.
• Insurance is available to support any common law or contractual indemnity obligation.
• mechanisms exist to reasonably accomodate change during th course of the project
• The mutual understanding of the parties is confirmed in writing.

A detailed, written agreement between the architect and the client can prevent confusion, uncertainty and dissatisfaction.

AIA professional practice

In reviewing an architect/ owner contract what are 6 types of potentially onerous provisions you should be alert for?

Indemification or hold harmless clauses: Shift risk from on party to another, usually towards the architect.

Defense obligations: Rarely stated separately.  Usually hidden in an indemnification agreement requiring the architect to assume legal defense cost responsibilities for the other party

Express Warranties or Garuntees: Impose liability that is neither realistic nor effective.  The architect should not provide a warranty of service or garuntee the work of others.

Standard of Care: An improper or enlarged definition of the standard of care can create expectations that cannot be met. Any changes to standard of care should be carefully crafted.

Cost Estimate: Any cost estimate provided by the architect should indicate the purpose of the estimate and the estimating technique.  Client should realize estimate and final cost of cnstruciton may vary.

Site Visits:  Clearly identify reasons for and frequency of site visits.

AIA professional practice

There are 5 common methods for establishing architectural fees.  Name them and provide a brief description of each.

Fixed Fee (stipulated sum): A firm compensation amount related to a particular scope of service.

Hourly billing rates and fee multipliers: Hourly rates cover operating expenses as part of rate.  Multipliers take base salary and mutliply it to cover other operating expeses. DPE and DSE

Cost Plus fixed fee:  Hourly fee based on actual cost of architects efforts - salary, overhead, etc with a negotiated fixed fee for the firm's profit.

Unit cost method: Cost per square foot, room or thoer units.  Ex: Design fees for hotels are often priced per room.

Percentage of construction cost: Ties compensation to the construction cost not the scope of cost for professional services provided.  Rarely used today due to inequalities for clients and architects.

AIA professional practice

Relating to architect compensation the terms DSE and DPE are examples of what?  How does each one work?

DSE and DPE are types of salary multipliers.

DSE: Direct Salary Exspense. Direct salary (hourly wage paid) are multiplied by a factor that covers fringe benefits, firm overhead and profit.

DPE: Direct personal Expense: direct salary and fringe benefits base for mutilpier that then covers overhead and profit.

AIA professional Practice

Upon begining contract negotiation with you, the owner of a project informs you that he plans to contract directly with all other consultants (structural, MEP, etc).  What should your concerns be as architect with this arrangment?

Coordination of consultants.  This is typically the architects role and if the onwer does not make specific provisions for it, such as the hiring of a project manager or assigning the role to one of the contractors (consultants - including architect) it may not get handled properly.  The architect may then be placed in a position where there is pressure on him/her to perform this role, or, if they are assigned the role, may lack sufficient leverage to effectively facilitate the necessary coordination.

AIA professional practice

A client has stopped paying you, the architect, but you continue to get billed by your consultants.  What is your obligation to pay them for their work provided that your contract with them was "silent" (it did not set forth provisions for this circumstance) regarding client non-payment to the architect?

While it is customary in the design and construction industries that the consultants payment is contingent on payment being made to the prime contract holder, common law rquires payment for satisfactory preformance of services within a reasonable amount of time.  The fact that the architect has not been paid would not be an adequate defense to the consultant's claims.

AIA professional practice

Name the 3 common methods of project delivery and briefly describe them.

• Design-bid-build: (traditional approach).  Linear -Architect compiles the contract documents - send out to bid - contratcors assemble subs and bid job - winning bid executes the contract.
• Construction Management: participation of a contractor throughout process.  Contractor acts in both advisory and technical roles in design and construction.  May be just an advisor, agent or CM-contractor who advises and executes the project.
• Design Build:  Single point responsibility for design and construction.

AIA professional practice

What are the 5 major variables that affect project delivery and influence the way it is structured?

• Construction cost
• Schedule
• Building quality
• Risk
• Client capabilities

Practice Act

What professionals may prepare drawings or specifications without the responsible control of a licensed architect? 

Practice Act

Responsible Control 

A201 (2.3 & 14.2)

Owner's Right to Stop Work 

IF THE CONTRACTOR

THEN OWNER 

--may order the Contractor to stop the Work by written order signed personally or by an agent specifically so empowered by the Owner in writing.

--or without cause, if for convenience. 

A201 (9.5)

7 Reasons to Withold Payment Certification from Contractor in the Interest of Protecting Owner from Loss

A201 (9.8)

Substantial Completion 

A201

Contractor's Right to Stop Work 

LACK OF PAYMENT (9.7)

--IF  Architect does not issue Certificate of Payment within 7 days after receipt of Payment Application; -OR-

--IF  the Owner does not pay the Contractor within 7 days after the date established by the Contract Documents

--THEN Contractor may, upon 7 additional days' written notice to the Owner and Architect stop the Work until payment is made. 

1) issuance of a court order;

2) an act of government (like a declaration of national emergency);

3) lack of payment (see above)

4) repeated suspensions, delays, or interruptions by the Owner constitute in 5) aggregate more than 100% of total days or 120 days , whichever is less;

6) the owner has failed to furnish proof of ability to pay. 

A201/B141

What are 2 architect inspections comtemplated by the owner-architect agreement and A201 general conditions?

At SUBSTANTIAL COMPLETION, the Architect will make an inspection to determine whether the Work is substantially complete. (9.8)

At FINAL COMPLETION, upon receipt of written notice that the Work is ready for final inspection, and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection (9.10.1) 

Practice Act

Standard of Care 

Practice Act  (5536.22)

5 Items Included in the Written Contract

between the Owner and the Architect 

A201 (11.1)

Describe how personal injury different from

bodily injury and an example of why Contractors are required to carry personal injury insurance.

Personal Injury:  libel, slander, and false arrest.

Bodily injury: implies physical harm to a person. 

Contractors are required to carry personal injury insurance... 

...in the event that a supplier claims that comments made by the contractor  or subcontractor constituted slander; or

...someone detained at the constrution site could claim false arrest. 

A201 (11.4)

Should an architect advise an owner on the

need for bonds? 

No.

The owner's legal counsel and insurance adviser should advise on the need for bonds.

Insurance advice is outside the scope of most architects' expertise, is not normally covered by professional liability insurance policies, and is not a part of the architect's services. 

RANGE OF SAMPLE EXAM QUESTIONS

PART 1 OF 2

(this is a note card, not a flash card) 

RANGE OF SAMPLE EXAM QUESTIONS

PART 2 OF 2

(this is a note card, not a flash card)

practice act

What are the 3 provisions in the pracitce act that protect the architect?

the terms certify or certification when used by the architect reflect professiona opinion

Site observations do not need to be exhaustive

unauthorized changes to signed and stamped drawings

drawing management

What inforamtion would typically be provide on the roof plan?

roof slope

crickets

roof mtd. hvac equipment

gutters, scuppers and downspouts

roof penetrations

parapets

railings

skylights

cooling towers, water tanks

elevator penthouses

ADA

How does title 24 accessibility standards affect the seeing ipmared

braille

warning curbs and rails (27" A.F.F. max)

warnings for or min. height for overhaning obstructions

protruding objects, max protrusion or warning

elevators

audible alarms

stair tread markings

traffic control devices

textured door knobs