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Showing posts with the label Contracts

Initial Decision Maker

The 2007 editions of AIA construction contract forms A101, A102(A111 old) and A201 introduced and defined the term Initial Decision Maker (IDM). The role is designated to make decisions in all matters of dispute between the Owner and the Contractor. These decisions are final and binding, but are also subject to mediation and arbitration. If the IDM is not appointed in the construction agreement, who will serve this function?

Instruments of service

How can the Architect be compensated if the Owner continues to use the Architect's Instruments of Service in order to complete the project after the Architect agreement has been terminated (either at the Owner's convenience or by the Architect)?

Loss recovery

AIA A201 contains a clause precluding the contract parties from seeking to recover any loss that is already covered by property insurance from each of the other parties. How is this identified? A. waiver of liens B. release of liens C. waiver of subrogation D. retainage

Change in services

An owner may authorize a change in services for which a written scope of duties is attached to the owner-architect contract, to provide a higher degree of monitoring or observing work on site than expected under basic construction phase services for architect's site visits. What is this role and when does it occur?

Retainage

In AIA document A201, remaining retainage is not due until the Contractor submits a number of items indemnifying the Owner against claims from subcontractors. If a Subcontractor refuses to furnish a release or waiver required by the Owner, what can the Contractor furnish to indemnify the Owner against the subcontractors lien?

Contract Terms and Design Project Costs

Regardless of contract format (AIA standard or other), the contract language must provide clear description of all of the following included in the base fee except: (Select 2) A. major project milestone dates, B. scope of services, C. reimbursable expenses with respective unit billing rate, D. multiple review of submittals, E. physical and virtual building models, F. number of meetings with third parties included (authorities having jurisdiction, landlords)

Conditions of the contract

What type of "conditions of the contract" can be used on multiple projects, for the same client or another? A. special conditions, B. supplementary conditions C. general conditions, D. standard conditions

Claims

Which document outlines the procedure for making a claim or handling a dispute? A. B101-2007 Standard Form of Agreement between Owner & Architect B. A201-2007 General Conditions of the Contract for Construction C. A503-2007 Guide for Supplementary Conditions D. A103-2007 Standard Form of Agreement between Owner & Contractor

Nonconforming work

A Contractor installs millwork on a project that does not conform to the requirements, but does exceed the quality specified in the Contract Documents. Upon review, the Owner decides to accept the work as installed. Which of the following statements is correct? Choose 2. A. the Owner may not accept without issuing a construction change directive. B. the Contractor may increase the Contract Sum by an appropriate and equitable amount. C. no change in the Contract Sum is required as the Contractor has volunteered the better quality. D. if the Owner accepts, removal and correction is not required. E. if the work was discovered after final payment was made, the Contract Sum cannot be adjusted for this discrepancy.

AIA series docs

Forms for ASIs, architects field reports, construction change directives and RFIs are found in which AIA document series? A. A-series B. B-series C. C-series D. D-series E. G-series Answer E. G-series, which generally contains forms related to contract and office administration. These standard forms are often replaced by ones customized by the architect's office. ARE 4.0 exam prep: PPP

Contract types

Which of the following types of contracts offers least control of subcontractor selection and bid amounts? A. Cost of the work plus a fee B. Fast-track C. Stipulated sum D. Guaranteed maximum price Answer C. Stipulated sum. The owner enters into an agreement with the GC before having an opportunity to approve subcontractors or their bid amounts. ARE 4.0 exam prep: CDS

Architect services

The scope of services to be provided in AIA B101 is described in both Architect's basic services and under additional services. Outline specifications should be included in which of the following? A. Schematic Design Phase Services B. Design Development Phase Services C. Construction Documents Phase Services D. Additional Services: Fast-track Design Services Answer B. Design Development Phase Services. Major systems, materials and expected levels of quality are outlined in the design development phase. Detailed specifications are provided in the construction documents phase. ARE 4.0 exam prep: CDS

Contract termination and suspension

An owner has failed as requested by the contractor to provide proper evidence that the owner's obligations will be fulfilled through proper financial arrangement and work has stopped for a certain number of days. The contractor bears no responsibility for either event. How many days must work be stopped before the contractor can terminate the contract, and how many days written notice is required? A. 7 days and 7 days B. 14 days and 30 days C. 30 days and 7 days D. 0 days and 5 business days Answer C. 30 days and 7 days. ARE 4.0 exam prep: CDS

Environmentally responsible design

B101-2007 incorporates a public policy of the AIA that architects must be environmentally responsible in performing their services. As part of the architect's basic services, an architect is required to discuss during schematic design phase the feasibility of including environmentally responsible design approaches in the project. In reviewing environmentally responsible design alternatives, the client agrees that energy modeling should be performed. How is this type of service classified? Answer This should be identified in Article 4 as an additional service (extensive environmentally responsible design) for which additional compensation is required. ARE 4.0 exam prep: CDS

AIA doc series

In which AIA document series would one find the Contractor - Subcontractor contract form? A. A-series B. B-series C. C-series D. D-series E. E-series F. G-series Answer A. A-series (A401-2007). ARE 4.0 exam prep: CDS

Contract bonds

Which type of contract bonds are required on most public works projects? I. performance II. bid III. payment A. II B. I and II C. I and III D. I, II and III Answer D. I, II and III. Bid (ensure lowest bidder enters into contract), Performance (guarantee contract is completed), Payment (guarantee payment to labor and suppliers. ARE 4.0 exam prep: CDS

C-series documents

Formerly C141 (Standard Form of Agreement Between Architect and Consultant), what is the 2007 version of this AIA numbered document? And what other documents does the 2007 version supercede? A. C142 supercedes C141, C401 and C801 B. C101 supercedes C141 and C106 C. C401 supercedes C141, C105 and C142. Answer . C141-1997 is now called C401-2007. C401-2007 also can be used in place of and supercedes C105-2005 (architect-consulting architect) and C142-1997 (abbreviated form architect-consultant), which have been discontinued.

Model contract documents

Besides the 2007 AIA documents, what rival set of model contract documents was also issued in 2007 by a consortium of construction industry organizations including the Associated General Contractors of America (AGC)? Answer ConsensusDOCS, which are perceived to be more favorable to contractors.

Joint checks

A201-2007 under 9.5.3 has a new provision allowing the owner to issue joint checks to the contractor and to any subcontractor contravening an architect withholding certification for payment for the contractor's failure to make payments to the subcontractor. What is a joint check and why would the owner want to issue this? Answer Both contractor & subcontractor must be present to cash/endorse the check, assuring the claim is satisfied and protecting the project from subcontractors filing liens. This is in the sole option of the owner & the architect will reflect such payment on the next Cert. of Payment. ARE 4.0 exam study: CDS

Joint ventures

Which AIA document series includes agreements for joint ventures? A. A-series B. B-series C. C-series D. D-series E. G-series Answer C. C-series covers architect/consultant documents including joint ventures.