Term
Concerning the General Conditions A201 and the Contractor's responsibilities,
which of the following statements is true regarding contractor's responsisbilities? |
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Definition
-if the Contractor performs Work with beforehand knowledge of an error in the Contract Documents for that Work, the Contractor has liability. (EVEN IF the Work is constructed strictly in accordance with the Contract Documents)
-the Contractor's responsibility to inspect portions of the Work to determine if these portions are ready to receive subsequent Work. This is a very important responsibility of the Contractor's.(the Work
that is "covered" by subsequent Work is also the Contractor's responsibility to
inspect.)
-Contractor's responsibility for the Work of
Subcontractors AND employees. The Contractor is responsible for their Work - all
their acts and omissions. |
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Term
| In accordance with the General Conditions A201, which of the following statements is true regarding contractor's responsibilities to codes? |
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Definition
-if the Contractor performs
Work knowingly in violation of an applicable Code, then the Contractor assumes responsibility for this Work.
Remember, the Contractor must be knowledgeable of the violation in order to be held responsible here. EVEN if the Work is drawn or specified in violation of Code by the Architect, if the Contractor
knows it is wrong and installs or constructs the Work EXACTLY like the Architect
shows, then STILL the Contractor is responsible.
-It is NOT the Contractor's responsibility to verify that the Contract Documents are in
compliance with Codes. It is simply the idea that IF the Contractor knows there is a violation, there is responsibility to make it known. |
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Term
| In accordance with the General Conditions A201, which of the following statements is true regarding contractor's shop drawings, product data and samples to the contract documents? |
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Definition
- these items NEVER become part of the Contract Documents under any circumstances. Even if they are "approved" by the Architect. The Owner has no opportunity to "approve" - so the Owner's desires here are somewhat irrelevant.
- the burdensome duty and responsibility
of the Contractor to maintain at the site one record copy of the Drawings,
Specifications, Addenda, Change Orders, and other modifications to the Contract.
note: quite a management burden on a larger project. (the maintenance and storage of this information is for the OWNER, not the Architect.) |
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Term
| In accordance with the General Conditions A201, Royalties, Patents, and Indemnification, which of the following statements is true? |
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Definition
- three ideas: 1) royalties and license fees, 2) patents, and 3)negligent acts of the Contractors
- the potentially libelous situation of royalties and license fees (a royalty
essentially results in a license fee).the Contractor is the party responsible for paying all royalties and license fees.
NOTE:(The challenge here is to identify all the Work that may indeed be associated with a royalty or license fee. Sometimes there are mistakes, and the Contractor may perform Work without realizing the Work involved some process protected by a royalty. EVEN in these situations, the Contractor is responsible for the fee and any costs that may be involved for violating a royalty.)
- A royalty or license fee does not involve health or safety issues (the concern of Codes) and is unlike a patent (read the next paragraph).
- Royalties and license fees protect "intellectual property" and the "inventors" simply want to be paid for the process they have "invented." Therefore, if there is a royalty
involved in accomplishing the Work shown on the Contract Documents, the Contractor simply must furnish that Work - royalty included.
-Patents are inherently more dangerous with regard to liability. A patent is a protected idea that simply may NOT be for sale or lease. They usually are not.
- even an inventive Contractor could furnish Work that might be determined by a judge to be a violation of a patent. General Conditions state that "the Contractor shall indemnify the Owner and Architect against loss for any patent infringement if the Contractor has beforehand knowledge of such an infringement before proceeding with the Work."
-See the subtle difference here with royalties and license fees. ”A patent infringement is serious enough business that the General Conditions treats them with the "beforehand knowledge" rule - if a Contractor knows there is a patent infringement and proceeds with the Work anyway - then the Contractor has to indemnify the Architect and Owner of any repercussions.
- If the Contractor performs negligently the Contractor agrees to indemnify (hold harmless, cover any losses) the Owner, the Architect, the Architect's Consultants, and their agents and employees. |
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Term
In accordance with the General Conditions A201 and the Architect's administration
of the Contract for Construction, which of the following statements is true? |
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Definition
-the Architect is defined by certain rights, responsibilities, and powers from the perspective of the Contractor (think A201)
which may differ from that of the Owner (think B141).
-the Architect under A201 provides administration of the Contract during
construction and to the date Final Payment is due.
-the Architect also provides administration from time to time during the Correction Period (at the Owner's
concurrence).
- from the A201 perspective (which is the Contractor's perspective) the Architect is an Architect with full powers UNTIL Final Payment is due.
- the Architect can, if the Owner requests, even provide administration from
time to time during the Correction Period (aka Punch List). |
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Term
In accordance with the General Conditions A201, which of the following statements
is true? |
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Definition
-Separate Contractors: GOOD:the burden of communications with the Separate Contractors on the Owner - unless stated otherwise, this communication shall be through the Owner. BAD:Owners generally have no idea what they are communicating, nor how to do it.
-whether or not the Architect should make any recommendation as to an amount the Contractor requests for payment:the Architect DOES NOT do, however, is issue any sort of recommendation to the Contractor of how much payment should be requested
-what are the Architect's rights with regard to rejecting Work. Yes, the Architect can reject Work which is not in conformance with the Contract Documents. In fact, this is one of the most important enforcement powers in A201 granted to the Architect. |
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Term
In accordance with the General Conditions A201 and the following situation, which
of the listed statements is true? "Subsurface conditions are encountered which differ materially from those indicated in the Contract Documents." |
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Definition
-A201 says: "Notice must be given by the "observing party" (just the party that discovered the condition) to the "other party" (almost always the Owner)promptly before the condition is disturbed, and in no case later than 21 days after the first observance of the condition."
- when the Contractor discovers an underground condition that doesn't match the drawings, the Contractor has to notify the Owner no later than 21 days after first discovering the condition.
- the Contractor has to notify the Owner before disturbing the condition.
- important that the notice by the "observing party" concerning the discovery of the condition, must be initially given to the Owner, NOT the Architect. removed the Architect here from the first point of communication. |
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Term
| In accordance with the General Conditions A201 and the Resolution of Claims and Disputes, which of the following statements is true? |
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Definition
- a Claim is simply an assertion by one party that they have been damaged by the action or inaction of another party. The Architect as an important role here, yet A201 gives the Architect some protection from the inevitable "fallout" of Claim allegations.
-the Architect has the right to notify the Contractor's Surety when a Claim is received from the Owner against the Contractor. However, (and this is very important) the Architect has no duty to notify the Surety. A201 takes the position that the Architect may notify the Surety, but is under no contractual obligation to do so.
- the Architect's action on a Claim must occur within ten days of the receipt of the Claim. |
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Term
In accordance with the General Conditions A201, which of the following statements
is true regarding Work? |
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Definition
IF Owner or Architect has a reasonable objection to the persons the Contractor proposes to execute the Work. basic fairness says that the Contractor should be treated fairly (as to costs) with regard to having to use different persons than those originally intended to execute Work.
-if the Architect or Owner desire the Contractor to use persons with whom they have no objections, then a Change Order may be issued to cover the difference in the Costs to the Contractor for this "replacement."
-here, "replacement" of persons does NOT mean increases or decreases in sum as a "must" situation. Everything is negotiable. |
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Term
| In accordance with the General Conditions A201 and the concept of Mutual Responsibility, which of the following statements is true? |
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Definition
- the Contractor must allow the Owner's Own Forces reasonable opportunity for the introduction of their equipment AND the Contractor has the responsibility to connect the Contractor's Work to that of the Owner's Own Forces.
-the Contractor is responsible for reporting to the Architect (NOT the Owner) any apparent defects in the Work of the Owner's Own Forces which would render it unsuitable for the Contractor's proper execution of the Contractor's Work. If it is apparent, the the Contractor must report it.
-"reasonably discoverable": Reasonably discoverable relates to the Contractor's (not the Architect's) responsibility to discover defects that are actually "reasonably discoverable" in the Work of the Owner's Own Forces. |
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Term
| In accordance with the General Conditions A201 and Changes in the Work, which of the following statements is true? |
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Definition
-Changes in the Work are inevitable, and A201 sets certain conditions on those changes while keeping the original Contract valid.
-changes in the Work DO NOT invalidate the original Contract, so there is no need for updated General Conditions just because a Change is proposed or enacted.
-a Minor Change in the Work:a "Minor" Change in the Work is a Change that does NOT affect Contract Time and does NOT affect Contract Sum. So, if you're not talking time or money, it's minor. |
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Term
| In accordance with the General Conditions A201, which of the following statements best defines Contract Time? |
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Definition
| is that period of Time,including authorized adjustments, allotted in the Contract Document, for reaching Substantial Completion of the Work. (Note that it is Substantial Completion, not Final Completion.) |
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Term
| In accordance with the General Conditions A201, which of the following statements is true regarding the method in which the Contractor is compensated? |
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Definition
- The role of the Schedule of Values and when it must be submitted (it must be submitted BEFORE the first Application for Payment).
- Since liens are often difficult for even honest parties to know when they have been filed, A201 states that the Contractor warrants that upon submittal of an Application for Payment, all Work for which the Contractor has previously received payment is free of liens -to the best of the Contractor's knowledge.
- the timing in which Work that is covered by an Application for Payment passes to the Owner. In other words, when does the Owner actually "own" the Work. A201 states clearly that the title to the Work passes to the Owner AT THE TIME of payment to the Contractor - no later. |
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Term
In accordance with the General Conditions A201, which of the following statements
is true regarding Certificate of Payment to the Contractor? |
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Definition
- The Architect may withhold this if there is a failure of the Contractor to make payments properly to subcontractors.
-The Architect is under no obligation to even issue a portion for Work that is not in accordance with the Contract Documents.
-the Architect may withhold this if there is reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum. |
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Term
In accordance with the General Conditions A201 and Substantial Completion, which
of the following statements is true? |
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Definition
- items requiring correction or completion and warranties.
- when the Contractor believes the Work is Substantially Complete, it is the Contractor's responsibility to prepare a list of items requiring correction or completion and it is the Contractor's responsibility to request an inspection for Substantial Completion.
-If the Architect (after inspecting the Work) agrees that the Work is Substantially Complete, then the Architect issues a Certificate of Substantial Completion. The list of items to be corrected or completed accompanies this Certificate ALONG WITH a fixed time for their correction or completion. Even those that don't appear on the list because of oversight are STILL the responsibility of the Contractor to complete or correct.
-Substantial Completion is also extremely important since warranties required by the Contract Documents commence on the date of Substantial Completion of the Work. |
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Term
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Definition
| Essentially insures that the Surety will finish the Project should the Contractor default |
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Term
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Definition
| Essentially insures that the Surety will pay the Contractorʼs debt for labor and materials should the Contractor default |
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Term
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Definition
| the owner's right to contract with separate contractors |
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Term
| A201 and the Schedule of Values = |
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Definition
- generally based upon the Divisions of Work shown in the Specifications and any subdivisions of the Work.
- must be presented by the Contractor to the Architect before the first Application for Payment. |
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Term
| The Architect may refuse to certify amount (certificate of payment amount) requested by the Contractor for: |
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Definition
•Work not in accordance with the Contract Documents
•Failure of the Contractor to make payments properly to Subs
•"Reasonable evidence" that the Work cannot be completed for the unpaid
balance of the Contract Sum |
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Term
| Two basic types of claims stated under A201: |
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Definition
1. Subsurface (or concealed conditions)
2. Other claims |
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Term
| The Architectʼs Action on Claims is Critical and Time Sensitive - However, there are Several Choices of “Action” (5 to be exact)that must be taken within 10 days of receipt of the claim: |
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Definition
•Request more data
•Submit a schedule as to action
•Reject the Claim
•Approve the Claim
•Suggest a Compromise |
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Term
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Definition
| Signature of Owner, Architect, and Contractor |
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Term
| Construction Change Directive: |
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Definition
| Signature of Owner and Architect |
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Term
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Definition
| The Architect can unilaterally direct if consistent with the intent and scope of the Contract Documents - but IS a contract change |
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Term
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Definition
All authorized compensation to the Contractor.
•NOT architectural fees, land acquisition costs and other obvious costs to the Owner - Contract Sum is all compensation to
the Contractor (this would include all payments Certified by the Architect) |
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Term
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Definition
All authorized time allotted in the Contract Documents to reach Substantial
Completion.
-NOT "occupancy permit"
-only Architect (not govt) determines Substantial completion |
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Term
| Three Important Items with Regard to Substantial Completion: |
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Definition
1) Warranties
2)List of Items to be Completed or Corrected
3) Contractorʼs Request for an “Inspection” |
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Term
| In A201 Contractorʼs Request for an “Inspection”: |
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Definition
-Warranties required by the Contract Documents commence (begin) upon the date of Substantial Completion
-List of Items to be Completed or Corrected (sometimes referred to as the “Punch List”)
-Contractorʼs Request for Inspection at Substantial Completion: The Contractor
requests an “inspection” at Substantial Completion and submits to the Architect
a “List of Items to be Completed or Corrected” |
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Term
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Definition
| an assertion by one party that they have been damaged by the action or inaction of another party. |
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Term
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Definition
| is a portion of the Project |
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