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CSE > CSE - Category I – General Practice (14%) > Flashcards

CSE - Category I – General Practice (14%) Flashcards

1
Q

Agencies who regulate the practice of architecture

A

Architects Practice Act – Business and Professions Code

  • The California Architects Board (CAB)
  • CAB is managed by the Department of Consumer Affairs
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2
Q

AIA B102

A

Agreement Between Owner & Architect

  • Agreement terms only
  • Does not include scope of Architects services
  • Contains provisions for mediation and arbitration of clains and disputes
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3
Q

AIA B201

A

Architect’s Services: Design and Construction Contract

  • Architects scope of servies
  • Basic Services
    • SD
    • DD
    • CD
    • Bidding or Negotiation
    • CA
  • Not a standalone document and must be combined iwth AIA B102
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4
Q

AIA Contracts

A Series

A
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5
Q

AIA Contracts

B Series

A
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6
Q

AIA Contracts

C Series

A
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7
Q

AIA Contracts

G Series

A
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8
Q

Approaches for selecting a design and construction team

A

Low bid = lowest total cost

Best value = balance of total cost & qualifications

Qualifications-based selection = qualifications & experience

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9
Q

Architect’s professional services

A
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10
Q

Architect’s role when conflict between Owner and General Contractor

A

Architects Practice Act

AIA A201

Architect assumes the role of “Initial Decision Maker” and an initial decision shall be rendered by the Architect prior to engaging in Mediation.

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11
Q

Architects Practice Act

A

2 Codes

  • Business and Professions Code
  • California Code of Regulations – Title 16, Division 2
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12
Q

Architects Practice Act – Business and Professions Code

Architectural Corporations

A
  • A professional arch. corp. is authorized to render professional services.
  • To be in complinace with Moscone-Knox Professinoal Corporaiton Act
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13
Q

Architects Practice Act – Business and Professions Code

Professionals exempt from license requirements

A
  • Structural Engineer
  • Professional Engineer
  • Civil Engineer
  • Landscape Architect
  • Land Surveyor
  • Contractors (per classification they are licensed)
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14
Q
  • Architects Practice Act*
  • California Code of Regulations – Title 16, Div. 2*

Firm naming – Use of the Term Architect

A

Can’t use description of services with ‘architect’. ‘architecture’ or architectural’ or sim unless there is an architect

  • In management control of professional services
  • Is an owner / part-owner / officer / employee
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15
Q
  • Architects Practice Act*
  • California Code of Regulations – Title 16, Div. 2*

American Institute of Architects

(AIA)

A

Professional organization for licensed architects

  • Local
  • State
  • National

Provides resources for practicing architects

  • Contracts & documents
  • Hosting events & conferences
  • Community outreach
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16
Q
  • Architects Practice Act*
  • California Code of Regulations – Title 16, Div. 2*

Rules of Professional Conduct

A

Competence

  • qualified by education, training & experience
  • act with reasonable care

Willful Misconduct

  • knowledge of bldg. laws, codes and regulations
  • respond to the boards requests withing 30 days

Conflict of Interest

  • Shall not accept compensation for more than one party on 1 project
  • Business association or financial interest
  • Cannot accept ‘gifts’ from vendors
  • Cannot engaged in business outside their capacity
  • Not show partiality to any party as judge

Full Disclosure

  • Accurately represent qualifications

Copyright Infringement

  • Don’t steal others work

Informed Consent

  • Not alter scope without consent from owner in writing
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17
Q

Architects’ professional services

A

Architects Practice Act – Business and Professions Code

  1. Investigation, evaluation, consultation and advise
  2. Planning, schematic and preliminary studies, designs, working drawings and specification
  3. Coordination of the work of technical and special consultants
  4. compliance with generally applicable codes and regulations, and assistance in the governmental review process
  5. Technical assistance in the preparation of bid documents and agreements between clients and contactors
  6. Contract administration
  7. Construction observation
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18
Q

B201

Consultants that are part of

“Scope if the Architect’s Basic Services”

A
  • Structural
  • Mechanical
  • Electrical
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19
Q

Building Inspections Liability

A

Architects Practice Act – Business and Professions Code

Shall not be liable in negligence for any damage caused by good faith but negligent inspection (only within 30 days of emergency)

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20
Q

C Corporation

A

Clearly separates the individual from the corporation.

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21
Q

Certify or Certification

A

Architects Practice Act – Business and Professions Code

‘certify’ or ‘certification’ by a licensed architect in the practice of architecture constitutes an expression of professional opinion regarding those facts or findings that are the subject of the certification and does not constitute a warranty or guarantee, either expressed or implied.

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22
Q

Construction Management at Risk (CM@R)

Services

A
  • Pre-Construction services during the design phase
  • Project Scheduling
  • Value Engineering
  • Timely purchasing of critical materials or materials with long lead times
  • Coordination of subcontractors
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23
Q

Construction Management at Risk

(CM@R)

A

A construction manager who takes on the risk of building a projects, guaranteeing the Owner it will be completed on a agreed schedule & set budget

  • The Architect is hired by the Owner under a separate contract.
  • Frequently provides GMP w/ 5% to 20% contingency
  • Overlapping phase: deisgn and build
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24
Q

Construction Management at Risk

Flow Chart

A
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25
Q

Construction Observations Services

A

Architects Practice Act – Business and Professions Code

Periodic observation of completed work to determine general compliance with the plans, specifications, reports or the other contract documents.

26
Q

Design – Bid – Build

Flow Chart

A
27
Q

Design – Build

A
  • Owner contracts with a single entity; 1 contract
  • Architect and contractor work together
28
Q

Desing / Build

Flow Chart

A
29
Q

Fast Track

Delivery Method

A
  • CDs are issued in phases
  • Design phase overlaps with construction phases
  • Often stages bid separately.
  • 3 prime roles; 2 contracts
  • Owner will often hire Construction Manager
30
Q

Firm’s Internal Analysis

A
31
Q

How is the practice of architecture administered?

A

Architects Practice Act – Business and Professions Code

  1. Examination
  2. Licensing
  3. Enforcement
32
Q

Joint Venture

A

A business agreement in which parties agree to work together for a finite time.

33
Q

Architects Practice Act – Business and Professions Code

Architects License not required when:

A
  • Single family detached dwellings of wood framed construction; 2 stores and basement max.
  • Multiple dwelling units (4 max.); 2 stores and basement max.
  • Garages or sim.; wood framed construction; 2 stores and basement max.
  • Ag and ranch bldgs; wood framed constructions, unless deem at risk by AHJ.
34
Q

Partner with Non-Architects

A

Architects Practice Act – Business and Professions Code

Architects are allowed to form a business with unlicensed individuals provided those survives are under responsible control.

35
Q

Partnership

A

Partners agree to share in job duties and profits and losses of a business.

36
Q

Practice without License

A

Architects Practice Act – Business and Professions Code

Misdemeanor punishable by a fine of not less than $100 or more than $5000 or by imprisonment in a county jail not exceeding 1 year or both.

37
Q

Private organizations with large stakeholders

(churches | schools)

delivery method

A

Sealed bods and formal bidding procedures

  • sim to public projects
38
Q

Private Work | Projects

delivery method

A

Lump Sum method

  • Marketplace has built-in economic competition to yield lowest cost
39
Q

Project Delivery

A

The method for assigning responsibility to an organization / individual for providing design and construction services.

40
Q

Project Management

A

The means for coordinating the process of design construction

  • Planning
  • Staffing
  • Organization
  • Budgeting
  • Scheduling
  • Monitoring
41
Q

Public Work | Projects

delivery method

A

Design-bid-build method

  • Competitive bidding
  • Requirements of performance bond
  • Statutory requirements to protect taxpayers’ investments
42
Q

Request for Proposal

A

Request for relevant experience + fees & costs

43
Q

Request for Qualification

A

Request for relevant experience

44
Q

Responsible Control

A

Architects Practice Act – Business and Professions Code

The amount of control over the content of all architectural instruments of services during their preparation that is ordinarily exercised by architects apply the professional standard of care

45
Q

S C A N T

writen contract between architect and client

Architects Practice Act – Business and Professions Code

A
  • Services (description of services to be performed)
  • Compensation (Basis of Compensation)
  • Address (Name, address, licenses number of architect & name and address of client
  • New Services (additional services at hour rate)
  • Termination (description of procedures describing termination procedure)
46
Q

S Corporation

A

Allows income and expenses to still flow through the individual business owner.

47
Q

Signing and stamping liability

A

Architects Practice Act – Business and Professions Code

Signing and stamping of plans, specifications, reports or documents, shall not impose a legal duty to observe the construction of fixed work

48
Q

Sole Proprietor

A

A business owned and run by one individual with no legal distinction between the Owner and business. The least expensive type of setup and most common for sole practitioners.

49
Q

Standard of Care

A

The architect is required to do what a reasonably prudent architect would do in the same community and in the same time frame, given the same or similar facts or circumstances.

50
Q

Types of Architect’s Consultants

A
51
Q

Types of Insurances

A
52
Q

Typs of insurance required by

B102 Owner/Architet Agreement?

A
53
Q

What are 2 type of Corporations

A
  1. S Corporation
  2. C Corporation
54
Q

What are 5 Items on an Architect’s Stamp

A

Architects Practice Act – Business and Professions Code

  1. Name of Architect
  2. License Number
  3. Renewal Date (renew every 2 years, in the odd year)
  4. State of California
  5. Licensed Architect
55
Q

Who performs Mediation?

A

American Arbitration Association

56
Q

Written contract not required

Architects Practice Act – Business and Professions Code

A
  1. Professional services rendered when the client will not pay compensation
  2. Arrangement as to the basis for compensation is similar to provide in the past for the same client (repeat client),
  3. If the client knowingly stats in writing after full disclosure of this section that a writing which complies with the requirements of this section is not required
  4. Professional services rendered to a registered professional engineer
57
Q

The Cost of the Work

A

The total cost to the Owner to construct:

  • All elements of the project designed or specified by the Architect
  • Contractors’ general conditions costs & overhead and profit
58
Q

Wildlife Biologist

A

A Wildlife Biologist should be hired for projects related to endangered species to better understand wildlife patterns and protection.

A botanist specializes in plant life.

59
Q

The definition of an Architect is an

A

Individuals licensed by the California Architects Board to practice architecture in the State of California

60
Q

Which of the following entities may an Architect not form?

A

Limited Liability Company

(LLC)

61
Q

In order to practice within the standard of care, what should an Architect NEVER do?

A
  • Provide warranties for all work performed
  • Ensure that the workmanship will be performed satisfactorily
  • Guarantee, to the Owner, a project completion date.

It is never advisable to provide or promise any of the above statements as it could expose the Architect to liability if the promises or guarantees cannot be met. Instead the Architect should have a written contract with the owner as well as document approvals and decisions made by the Owner for future reference if necessary.

CSE (8 decks)

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