Term
What are 4 scenarios when substitutions may be allowed during construction? |
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Definition
Owner-initiated substitutions Contractor-initiated substitutions Integrated project delivery Unavailability of product |
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Term
Who is responsible for researching substitution equivalency? |
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Definition
Whoever is proposing the substitution. |
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Term
What is the foremost concern in substitution review and approval? |
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Definition
Does it meet the requirements of the contract documents? |
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Term
When are change orders used? |
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Definition
to modify the contract docs when cost, time, or both are affected. |
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Term
When are minor changes used? |
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Definition
When neither time nor cost are affected. |
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Term
What is the difference between a Change Order and Change Directive? |
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Definition
Order: written instruction to contractor issued after execution of the agreement. Change in cost or time was agreed by Owner and Contractor. Directive: used when in absence of agreement on terms of change, e.g. when the value of a change cannot be determined until after the work is performed. Must be signed by owner and architect. |
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Term
List 3 ways to request written contract doc modifications. |
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Definition
Proposal request Change order request Request for substitutions (PDPG 13.9.2.1) |
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Term
What does PAL stand for in regards to meetings? |
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Definition
Purpose, Agenda, Limit (time) |
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Term
Where are the meeting requirements for the contract typically detailed? |
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Definition
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Term
What is the distinction between observing and inspecting? |
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Definition
Dictionaries define observe as to perceive, notice, see, whereas inspect means to examine carefully and critically, especially for defects. |
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Term
Who is responsible for arranging inspections from AHJs? |
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Definition
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Term
Does the A/E have the right to reject defective work? |
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Definition
Yes, but does not have the right to approve to approve defective to be kept (only the owner can do that). |
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Term
Define Substantial Completion. |
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Definition
The date established by the A/E when the project, or a portion of the project, is so nearly complete that the owner may use the project for its intended purposes. (PDPG 13.7.2) |
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Term
When does Final Completion occur? |
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Definition
The contractor has completed the contract requirements The A/E has inspected to determine completion The owner has made final payment to the contractor The contractor has accepted the final payment (PDPG 13.7.2) |
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Term
Who is responsible for planning, maintaining, and supervising construction safety measures and programs? |
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Definition
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Term
Does the A/E have authority to order the contractor to stop work? |
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Definition
No. The general conditions of the contract describe the conditions under which the contractor can stop work or terminate the contract and the procedures the contractor must follow when doing so. (PDPG 13.7.9.1) |
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Term
Are shop drawings contract documents? |
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Definition
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Term
What is a schedule of values? |
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Definition
A list of completed aspects of the project submitted to the A/E for approval prior to the first application for payment. PDPG 13.12.1 |
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Term
What are three types of payment intervals? |
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Definition
Periodic progress payments Provisional payments Single payment (PDPG 13.12.2) |
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Term
What is the typical interval for periodic progress payments? |
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Definition
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Term
What are provisional payments? |
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Definition
Predetermined partial amounts of the total contract sum tied to the attainment of identifiable milestones. (PDPG 13.12.2) |
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Term
What are the three types of basis of payment? |
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Definition
stipulated sum, cost plus fee and unit price. |
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Term
What is the purpose of payment application forms? |
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Definition
The contractor prepares the application and certifies that the work covered by the application conforms with the requirements of the contract documents and that all the previous amounts paid to the contractor have been properly applied to discharge the contractor’s obligation to others furnishing materials and labor on the project. (PDPG 13.12.7.1) |
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Term
What two items must the owner receive before being obligate to make a progress payment? |
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Definition
the contractor's application and certificate for payment, with the A/E's certification. |
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Term
What is the purpose of the retainage? |
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Definition
It protects the owner against errors in estimating the value of work completed or defective work and is used to settle other participant (third-party) claims against the contractor before the release of the final payment. (PDPG 13.12.9) |
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Term
What are the A/E's rights and responsibilities regarding withholding payment to the contractor? |
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Definition
The A/E has the right, and the responsibility, to withhold payment of the whole of any part of the payment application in order to protect the owner. (PDPG 13.12.10) |
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Term
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Definition
A lien is the legal right of a party or claimant, such as a subcontractor, to control the improved property of another or have it sold for payment of a claim. |
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Term
When are liquidated damages usually invoked? |
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Definition
Liquidated damages stated in the agreement are usually invoked when substantial completion is not achieved by the indicated date or within the indicated time. (PDPG 13.12.13) |
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Term
Why does Final Payment often require a Change Order? |
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Definition
Final payment often requires the processing of a final change order to balance previous payments against the final payment and final contract amount. (PDPG 13.12.15) |
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Term
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Definition
Claims are initial requests for adjustments in contract sum or time. |
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Term
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Definition
Disputes are claims that cannot be resolved by the parties to the construction contract without the intervention of an impartial third party. (PDPG 13.11) |
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Term
What is the difference between a claim and a dispute? |
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Definition
A claim is an initial adjustment in contract sum or time. A claim becomes a dispute when an agreement cannot be reached between parties. |
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Term
What proof must a contractor provide when filing a claim? |
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Definition
The contractor is required to provide clear documentation that a changed condition actually was not foreseeable at the time of pricing and resulted in demonstrable damages. (PDPG 13.11.1.1) |
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Term
What are the main reasons for third party claims? |
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Definition
Injury or death to persons and property damage claims are high on the list in terms of frequency and severity. (PDPG 13.11.1.3) |
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Term
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Definition
The right to benefits specified by law or contract. (PDPG 13.11.2) |
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Term
What are the two determinations needed for contractor entitlement? |
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Definition
First, the claim is evaluated to determine whether the contract documents adequately identify the claim as being within the contractor’s contractual obligations. The second determination is the timing of the claim. (PDPG 13.11.2.1) |
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Term
What determines Owner Entitlement? |
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Definition
whether the work in question required of the contractor by the owner may be reasonably inferred from the contract documents. (PDPG 13.11.2.2) |
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Term
What are the advantages of Alternative Dispute Resolution Provisions? |
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Definition
Alternative dispute resolution provisions can prevent a single party from initiating litigation and provide a suitable method to economically and expeditiously addressing disputes. (PDPG 13.11.4) |
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Term
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Definition
An extension of negotiation whereby a neutral party acts as a facilitator to aid the parties in finding a mutually acceptable settlement of the claim. (PDPG 13.11.4) |
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Term
AIA 201 states the contractor has sole responsibility and control over which 7 construction activities? |
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Definition
1. Means 2. Methods 3. Techniques 4. Sequences 5. Procedures 6. Coordination 7. Job Site Safety AIA 201 |
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Term
The responsibility of inspecting work already performed for proper condition to receive subsequent work lies with the.... |
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Definition
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Term
True or False? The Contractor's superintendent cannot be changed without Owner consent and superintendent communication is binging as if given by the contractor. |
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Definition
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Term
Who establishes the date of Substantial Completion? |
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Definition
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Term
Under AIA 201, who is required to pay sales, consumer, use and similar taxes for the work provided? |
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Definition
The Contractor AIA 201, 3.6 |
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Term
Under AIA 201, who has the authority to stop the work, if nonconforming work fails to be corrected? |
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Definition
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Term
The contract clauses that establish payment responsibilities are found where? |
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Definition
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Term
True or False: Acceptance of final payment constitutes a waiver of claims by the contractor, subcontractor, and material supplier. |
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Definition
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Term
What is an instrument of service according to AIA A201 |
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Definition
Instruments of service represent every embodiment of the professional services that the architect provides, regardless of the form. Sec 1.1.7 |
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Term
What is the responsibility of the Initial Decision Maker? |
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Definition
Usually the A/E, they render initial decisions on Claims and certify termination of the agreement. AIA A201 1.1.8 |
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Term
What is the procedure for using a substitution? |
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Definition
The contractor may make substitutions only with the consent of the Owner, after evaluation by the Architect and in accordance with a Change Order or Construction Change Directive. AIA A201 3.4.2 |
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Term
Who pays sales, consume, use and similar taxes for the work provided by the contractor? |
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Definition
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Term
Who secures and pays for the building permit and other permits, fees, licenses and inspections by govt agencies? |
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Definition
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Term
What two items must be prepared by the contract promptly after being awarded the contract? |
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Definition
The contractor's construction schedule for the work and the submittal schedule. AIA A201 3.10 |
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Term
What triggers the contractor's obligation to indemnify? |
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Definition
An act or omission of the contractor or one of the contractor's agents or employees, and covers the indemnitee's loss only to the extent that it was caused by such act or omission. AIA A201 3.18.1 (Note) |
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Term
Until when does the A/E provide administration of the contract? |
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Definition
Until the date the Architect issues the final Certificate for Payment. AIA A201 4.2.1 |
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Term
Who has the authority to order the contractor to stop work? |
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Definition
While the A/E has the authority to reject work, only the owner may order the contractor to stop work. AIA A201 4.2.6 |
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Term
When does a Change Directive become a Change Order? |
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Definition
When signed by the Contractor, indicating agreement with all the terms contained within. Changes are effective immediately. |
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Term
TRUE OR FALSE: by executing the Agreement, the contractor confirms that the Contract Time as a reasonable period for performing the work. |
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Definition
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Term
What is a Schedule of Values and when is it submitted? |
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Definition
When the contract is based on a stipulated sum or GMP, the contractor shall submit to the Architect, BEFORE the first application for payment, a schedule of values allocating the entire contract sum to the various portions of the Work and prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. AIA A201 9.2 |
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Term
When does the title for completed work pass to the Owner? |
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Definition
The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of Payment. AIA A201 9.3.3 |
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Term
Note: Any payment or partial use or occupancy does NOT constitute acceptance of work not in accordance with the Contract Documents. AIA A201 9.6.6 |
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Definition
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Term
When is the punch list prepared? |
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Definition
Before certification of Substantial Completion. AIA A201 9.8.2 |
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Term
When do warranties required by the contract documents commence? |
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Definition
ON the date of Substantial Completion |
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Term
What are the 3 steps in deciding a Claim? |
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Definition
1. Initial Decision Maker 2. Mediation (the parties shall share the mediator's fee and any filing fees equally) 3. (Binding Dispute Resolution) Arbitration |
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