AIA - A201 Flashcards
(15 cards)
Article 1.1 General provision
Contract documents - Agreement, conditions of the contract, drawings, specs, addenda, other docs listed in agreement and modification (amendment, change order, change directive). does not include - Invitation to bid, instructions to bidders, sample forms.
A201 - Only between owner and contractor
Work - labor, material equipment services
Project - total const
drawings - docs
1.2 intent of contract docs
Contract docs are complementary. every doc is important.
if Contract docs invalids/ violates the law it should be fixed.
instruments o service - belongs to the author
The owner can distribute our drawings but the copyright belongs to the author
any notice should be written
claims should be written and delivered with proof.
E203 digital exhibit should be used.
Article Owner
Authorized person - representative
owner shall furnish evidence that owner can pay.
owner fails to make payments - contractor can stop.
If owner change payment arrangement he should notify the Contractor
of confidentiality. the contractor can reveal in 7 days after the court order
Any prior approval of the contractor owner should take care of
if the architect terminates the owner shall employ a successor
The owner gives utility and anything legal description of the site
the owner can stop the work.
if the contractor neglects to carry out work and fails within 10 day period after receipt of notice from the owner to commence and continue correction, the owner may correct it or neglect it. contractor to pay the difference of the new contractor.
Article 3 contractor
contractor representative
the architect does not dictate contractors work
the contractor needs to understand the project and site, work.
if the contractor finds issues in the drawings sends RFI
An architect does the codes and rules
The contractor responsible for the means, methods of the construction sequence, and procedure.
C responsible for to the acts and omission of contractor and subs.
C pays for utility, water, transportation, material, equipment, labor.
if something changes in Substitution architect will approve it
Contractors warranty excludes remedy for damage or the wear and tear
C pays for the permits and fees.
in case C sees an issue in the site, he gets 14 days to let architect know.
Allowances should cover the cost of material, equipment, contract sum can be adjusted.
Superintendent - in 14 days he can be changed
contractor shall submit schedule - date of commencement, substantial completion, milestones.
contractor should maintain submittal schedule- if he fails then he wont be able to increase the contract sum.
contractor approves the submittals first, then architect does. architect only reviews it.
contractor is still responsible for submittals even after Architect approves it.
contractor holds harmless - owner architect or consultants from damages or if he gets sued.
Article 4 Architect
Article 5 Subs
Architect observes schedule, as per th contract documents
no control over means, methods and sequence, A goes to O if notices something fishy.
O and C will communicate along with A in between
Based on A’s evaluation of contractors application for payment, A will review and certify amounts to C.
A can reject work.
sub C directly works for the contractor.
Any responsibility of C will be transferred to sub.
if 30 days have passed and work is suspended and Subs should be paid for their work
Article 6 Const by the owner or separate contractors
other contractor retained by owner. Owner has that right.
Architect should be notified of nay discrepancies
Article 7 - changes in the work
Change order - O, C A all on the same page
cosnt change directive - not agreement deal with money later
minor change in the work - issued by architect alone
Change order - signed by all 3. change of work, cost change or time change.
Const change directive - these should be within the general scope of the project not a new item.
If the contractor doe snot promptly respond to the contract sum then the architect will determine that.
Article 8 Time
Contract time ends at substantial completion. Date of commencement is the start date at the agreement. Substantial completion- architect approves Time changes if - 1. architect or owner make a mistake 2. labor dispute, unusual delays 3. by changes ordered in work 4. by owner and dispute resolution 5. other than architects can justify.
Article 9 Payment
contractor send the schedule and what he will be paid for. Architect shall review it and review the application of payment.
10 days before the established date the contractor wants to be paid he should send the application to the architect.
Payments should be made for materials, equipment,
Certficate of payment should be issued by architect after 7 days of application and should have reason for withholding
The issuance of certificate for payment doesn’t mean we looked at everything. It should look correct.
Architect can withhold payment
1. defective, third party claim, not paid subs, evidence that work is not completed.
Progress payment - after architect issues the certificate, the owner shall make payment.
Contrcator should pay after 7 days of getting payment
If owner does not pay the contractor, contractor can give 7 days notice and stop the work.
Upon receipt of the contractors notice that the work si ready for final inspection and upon final application for payment, the architect will issue the certificate of payment.
Contractor should submit - affidavit that nothing is outstanding he paid everyone, he has insurance, written statement that insurance will cover the time period, any surety, any warranties, manuals, release of liens,claims etc.
Article 10 - Protection of person and property
Maintain the property
the contractor will maintain safety, storage of hazardous mat. basically he needs to make sure everyone on the site is safe.
21 days of discovery if there is an injury to alert everyone with details
the contractor discovers hazardous material immediately stop working and notify architect and owner
Article 11 - Insurance and Bonds
ccontrctor shall purchase insurances. Owner, architect and architect’s consultants are added to commercial general liability.
Contractor shall provide surety bond
If the owner fails to maintain the insurance, he needs to everyone know in 3 days.
the owner and contractor waive each other of waiver subrogation.
Owner has insurance for any fire or weather wise.
Article 12 - Uncovering the work
if in specs we have a special request that before installing we want to inspect all the plumbing and everything then the owner has to do that. failing in doing so will cost him money without additional time.
cost of correcting work after rejected is going to be on the contrcator’s expense.
after Substantial completion, within a year, contractor fixes it.
if the owner prefers to accept the work is not correct, then he can reduce the contract sum.
Article 13 - Misc Provisions
more of testing
Article 14 - Termination or Suspension
if the work suspends for more than 30 days then the contract can terminate the contract.
owner can suspend out of convenience.
Article 15 - Claims and disputes
IDM
Mediation
Arbitration
Litigation
