Term
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Definition
bargain between two or more parties who agree to exchange something each desires to obtain.
every contract whether written or oral, must have a valid 1.offer 2.acceptance |
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Term
| if one offers to do somethinig and does it without acceptance and an agreement to receive something in return, |
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Definition
| a contract does not exist. other elements are involved (money) but offer and acceptance are the most fundamental |
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Term
| a contract may take many forms |
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Definition
| brief letter of agreement, document devleoped by the designer's or client's attorney, preprinted form developed by a professional design organization like AIA or ASID, or a standardized form that the client may use on all their design proejects |
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Term
| wherever contract originates, should include following provisions |
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Definition
*parties to the contract adn date. full legal name of both parties along with their address adn date of contract. must be sure person signing has legal authority to do so.
*scope of work and designer's responsibilities-include actual area of work, as well as description of services. also acceptable to itemize services that you are specifically not going to provide.
*purchasing agreement, if any:if you are buying furniture and fixtures and reselling them to the client. should specifically state responsibilities as well as cleint's for payment, acceptance, rejection of damaged goods, payment of delivery and installation costs, deposits, adn methods of purchasing.
*method of payment:should state how much cleint will be charged for services, and how services will be paid for
*reimbursables:costs not part of professional services but are necessary to complete project.
*extra services:list types of extra service charges, what will be charged, and how they will be billed
*responsibilities of client:ie buying or arrranging for moving of client-supplied equipment
*ownership of documents: states designer retains the rights of ownership to the documents and that they are only to be used to complete the specific project for which they were developed. client may not use to build other jobs without permission of and adequate compensation to the designer.
*provisions for arbitration:often more desirable than taking disagreements to court b/c generally faster adn less costly.
*termination of contract:gives both designer and cleint the right to quit the contract upon giving adequate notice, usually at least 7 days. if contract is terminated by the client through no fault of the designer, the designer must be compensated for work performed up to the time of termination.
*signatures:to be legally valid, contract need be signed only by client, person accepting the offer of the contract. |
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Term
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Definition
| designer consults with the owner to develop teh applicable requirements of teh project and studies teh feasibility of meeting the requirements within the constraints of teh owner's budget and the building in which the project is to be located. info and analysis are documented in written program |
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Term
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Definition
based on approved written program, designer prepares diagrams showing general functional relationships required by the project and develops preliminary space allocation plans showing partitions, furnishings, and other pertinent planning ideas. prepares studies to establish design concept including types and qualities of materials, finishes, and furniture. may include color and material sample boards and preliminary selection of furniture types as appropriate.
also prepare prelim statement of probable project cost based on the design concept and current costs for projects of similar scope and quality.
designer is not responsible for final project cost |
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Term
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Definition
refines approved schematic design work so that the size, scope and character of teh project are generally fixed. drawings, color boards, samples, furniture selections, and other specifics are presented to the client for approval or modification.
usually include detailed plans showing partition adn door locations, furniture and fixture layout, lighting design, sketches of special built-in cabinetry, and other elevation of three-dimensional drawings sufficient to describe character of the design.
at the end of the phase, designer submits another statement of probably cost for approval reflecting changes and specific decisions made since schematics. |
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Term
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Definition
based on approved design development submissions, designer is responsible for preparing the detailed drawings, specs, and other documents required to have the project constructed.
may include both work of construction and FF&E, but AIA/ASID standard states separate forms are to be prepared. |
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Term
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Definition
designer must assist the owner in preparing bidding documents, necessary procurement forms, conditions of contracts, adn forms of agreement between the owner and the contractor. also must assist the owner in filing documents required for various governmental approvals. responsibility is to assist teh owner, not to perfom all this work alone.
after necessary documentation is prepared, designer assists owner in obtaining bids adn evaluating, and he or she assits in preparing contracts for interior construction and FF&E. designer is responsible for providing coordination of all these activities. |
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Term
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Definition
*designer is a rep of the owner and consults with teh owner during the CA phase. instructions are forwarded through the designer, who has authority to act on behalf of the owner, but only to the extent provided in the contract documents.
*designer assists owner in coordinating schedules for delivery and install but is not responsible for neglect or malfeasance of any contractors or suppliers
*designer is not required to make exhaustive or continual inspections
*designer is not responsible for teh means, methods, techniques, or procedures of construction; nor fabrication, procurement, shipment, delivery, or install.; nor job site safety or for acts or ommissions of contractor, subs, or suppliers |
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Term
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Definition
designer determines amounts owed to the contractors and suppliers based on observations at the project site adn on evaluation of the contractors' applications for payment.
*desinger considered interpreter of the requirements of teh CDs and is expected to be an impartial judge of performance by both owner and contractor.
*designer reviews and takes appropriate action upon contractor submittals such as shop drawings and samples, prepares change orders when necessary, and may order minor changes in work not involving adjustment in cotract sum or an extension of contract time. |
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Term
| when designer reviews shop drawings it is only for |
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Definition
| conformance with design concept expressed in the cds. contractor is responsible for determining accuracy and completeness of dimnsion, details, quantities. |
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Term
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Definition
| designer reviews final state of construction and final placement of all items and inspects for damage adn function to determine if all work has been supplied, delivered, and installed according to the cds. |
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Term
| designer's responsibilities do not include |
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Definition
| receipt, inspection, and acceptance on behalf of the owner of FF&E at the time of their delivery and install. designer is not authorized to stop work, reject nonconforming work, or terminate work on behalf of the owner. |
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Term
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Definition
when designer buys goods or services for owner, eitehr as a reseller or as an agent.
info given: buyer's name and address; purchase order number, quantity, description, adn price of items; and a shipping and billing address. in addition to providing written authorization, they are used as accounting devices to track teh status of ordered goods and services adn to serve as a basis for billing the client.
vendor creates a bill of lading when the goods are shipped, and later vendor provides an invoice as a bill for the supplied items. |
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Term
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Definition
*site evaluations or comparative studies of prospective sites
*providing services relative to future facilities adn furniture and equipment that are not intended to be completed during the CA phase
*investigation of existing conditions or development of measured drawings
*services for planning tenant or rental spaces
*making revisions to drawings adn specs when those revisions are inconsistent with written approvals from teh client or when they are required by revisions in codes or regulations after the prep of the documents
*making inventories, surveys, or detailed appraisals of existing facilities or furniture
*providing services made necessary by the default of any contractor or supplier or the performance failure of either owner or contractor
*perparing to serve or serving as an expert witness |
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Term
| additional services cont.. |
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Definition
*providing services of consultants for structural, mechanical, and electrical engineering
*purchasing furniture, furnishings, or equipment with funds provided by owner
*providing services for the design or selection of graphics or signage
*providing services in connection with the procurement of art |
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Term
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Definition
must furnish full info regarding requirements of the project, including a budget that provides for contingencies as well as basic cost.
must furnish all legal, accounting, and insuracne counseling services necessary for the project, adn must furnish any required lab tests, inspections, and reports as required by the contract documents.
must also be suitable space provided by owner for receipt, inspection, adn storage of materials adn equipment used on job. responsible for removal or relocation of existing facilities, furniture, and equipment unless otherwise provided.
also requires owner designate, when necessary, a rep who has the authority to act in the owner's behalf for the day-to-day decision making required by the project. |
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Term
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Definition
total cost or estimated cost to the owner of all components of teh project-including items designed or spec'd by the designer, labor, and materials, furniture, adn equipment furnished by the owner if it was designed or selected by the designer-plus a reasonable allowance for the contractor's overhead adn profit. also includes costs of managing or supervising construction and install.
construction cost does not include professional fees of the designer or consultants, financing costs, or other costs that are the responsibility of the owner. |
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Term
| on of the most important provisions of contract language concerning project cost is that |
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Definition
| designer does not warrant that bids or negotiated costs will not vary from teh owner's budget or from any estimate prepared by the designer. only projects his/her best judgment as a professional |
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Term
| AIA/ASID agreement specifically states that |
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Definition
| no fixed limit of project shall be established as a condition of teh agreement unless agreed to in writing by both parties. only if two parties thus agree to a fixed limit, and teh lowest bid or negotiated price exceeds that limit, designer is obligated to modify drawings adn specs at no additional charge to reduce project cost |
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Term
| if lowest bid or negotiated proposal exceeds project budget or fixed limit, owner has four options |
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Definition
1.owner can give written approval of an increase in budget
2.owner can authorize rebidding or renegotiating of project
3.owner can abandon project
4.if there is a fixed limit of project cost, owner can have designer modify drawings and specs without charge to reduce project costs.
*owner may also work with designer to reduce scope. if this occurs, and ther is no contractual fixed limit of project cost, designer must be paid for his/her extra work in modifying plans and specs. |
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Term
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Definition
| *those that are based only on professional services and *those that are based on the retail method of reselling furniture and fixtures. |
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Term
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Definition
states a fixed sum of money that the client will pay to the designer for a specific set of services.
designer must accurately estimate all costs and allow for a profit. must include salary costs of people doing job, customary benefits of employees, taxes, adn office overhead. reimbursable expenses are in addition to fees for the basis services. |
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Term
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Definition
| client is charged for the actual amount of time that the professional spends on the project. must include not only the salary of the professional but also allowances for overhead and profit. |
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Term
| hourly method favored by many designers b/c |
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Definition
| for every actual hour spent on the project they are assured of covering expenses and making a profit. also protects designer when a client keeps changing his/her mind or otherwise delays the completion of a job. designer is also compensated if unforeseen problems develop during design, construction, or install of the project. contract can be written that sets max amount cleint will pay. |
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Term
| percentage of project cost |
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Definition
professional fee is determined based on total cost of teh project. most appropriate for projects where designer can accurately anticipate amount of work required and has a good idea of the expected cost of the project.
ill-advised b/c an economical or low-cost project may require just as much or more work than an expensive project. |
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Term
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Definition
professional fees based on the are method are determined by multiplying teh sq ftg of a project by some fixed rate.
generally only used in commercial, and then only when designer has much experience.
tenant finish planning is often priced on a sq. ft basis b/c designer will know what it takes to do the job, and b/c tenants, building owners, and leasing agents do most of their negotiations on a sq. ft basis |
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Term
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Definition
| designer produces compensation by acting as reseller of goods:buying furniture, fixtures, and other items at a trade discount then selling to the client at retail price. |
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Term
| during prep of a construction contrac, client asks you to be sure to check with an insurance agent so correct amounts of coverage can be included in Supplementary General Conditions of Contract...how do you respond? |
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Definition
| remind client that advice on insurance must come from the client |
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Term
| a project construction budget prepared by the designer should probably not include |
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Definition
1.contractor's profit
2.designer fees and reimbursables
3.estimates for built-in equipment
4.fixtures to be supplied by the owner
*2.designer fees and reimbursables |
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