Amber Book - C&E

Question 1

How long should architects keep project files?

Answer 1

~ 15 years
*or past the statute of repose

Question 2

What is in AIA D200?

Answer 2

Project Checklist

1. Bidding and Negotation (Pre-Construction)
2. Construction Contract Administration
3. Post-Construction

Question 3

What are the project conditions necessary for Substantial Completion to be certified and the owner to occupy a project?

Answer 3

Nothing can be outstanding that prevents the owner’s full use of the building.

*Does not include touch-ups, small repairs, or omissions

Question 4

What typical responsibility of the architect does the construction manager take for a CM as Advisor project?

Answer 4

Preparation and management of change orders.

Question 5

What is Unit price?

Answer 5

A price given when the basic scope is clear, but the extent is unknown. (e.g. excavation price per cubic yard of soil moved)

Question 6

Types of contractor submissions and their protocols

Answer 6

Pay App (G702)

Changes Order (G701)

*These forms must come to the Architect first, who then checks them for adherence to contract standards, then sends them to the Owner for payment

Question 7

Bidder’s representation

Answer 7

Certifies Contractor understands bid documents and has visited site in preparation to bid

Question 8

Non-conforming work protocols

Answer 8

Only the Owner can accept non-conforming work

The Architect should keep careful records of any non-conforming work

The Architect must insist on conformance in matters of code, health, safety, and wellness

Question 9

What are the architect’s responsibilities in pre-construction?

Answer 9

Prepare final contract documents

Administrate the bid and selection process

Question 10

Agency review

Answer 10

Agency review: The architect’s building code check with the AHJ (authority having jurisdiction).

The AHJ is often the life safety code inspector, but can also be the elevator inspector, or electrical inspector . . . even the insurance company rep demanding a non-slip floor surface or the labor board rep demanding ergonomic nursing work stations are AHJs. When their requirements conflict, you, the architect, need to meet the most stringent requirement.

Question 11

What are the architect’s responsibilities in a Construction Manager as Advisor project?

Answer 11

The Architect remains the Initial Decision Maker. The CM becomes the point of contact for RFIs, coordination between Contractor and Owner, and administers Construction Change Directives

Question 12

An architect is designing a hotel that will be paid for with a loan. If the owner-architect contract stipulates that the architect’s fee will be 7% of construction costs, will the architect’s fee include 7% of the cost of financing?

Answer 12

The Owner’s budget for the Cost of the Work– which is what that 7% fee is based on– does not include the cost of financing. It also does not include the costs of the land, or the compensation of the architect.

Question 13

The Initial Decision Maker has __ Days to initiate action on a claim.

Answer 13

Answer: 10 days

The contract gives the Initial Decision Maker (IDM) role to the architect, by default, unless otherwise specified. It is up to the parties in the contract to change the IDM to someone else. The IDM can try to settle tough calls between the contractor (who may wish to use change orders to pad her profits) and the owner (who desperately doesn’t want to pay more in change orders).

Question 14

The contractor must transfer all property titles to owner…

Answer 14

no later than the time of final payment.

Question 15

Allowance

Answer 15

Allowance: A place-holder price when full cost is unknown, but the work is necessary. We may want to give individual apartment tenants the option to later select their own appliances. Yet we want to account for the cost of these appliances so we can accurately apply for a construction loan, pay the contractor, and keep to a budget.

Part of your job is to carefully plan every aspect of the construction process, but sometimes a job starts with decisions left unmade, often for good reasons. Allowances give us flexibility as the construction unfolds, but because they include approximate costs of not-fully-baked intentions, they also keep everyone honest and expectations realistic.

You want to get the bidders to account for allowances and alternatives in the bid documents, so the contractor can’t fleece the owner later with change orders.

When are allowances most often used? In lump sum or guaranteed maximum price (GMP) construction projects. Why? Because we need a solid price at the start of the work to pay the contractor. Allowances give us wiggle room (but too many allowances on a single job may lead to disputes).

Question 16

Phases of IPD

Answer 16

For IPD, the contracts have new phase terminology for old concepts

1. Conceptualization (kind of like programming)
2. Criteria Design (schematic design)
3. Detailed Design (design development)
4. Implementation Documents (construction documents)
5. Agency Coordination/Final Buyout (permits and approvals secured; all subcontractors committed)
6. Construction
7. Closeout (as-built drawings)

Question 17

How long does the contractor have to notify the owner and architect of unexpected existing conditions?

Answer 17

14 days is the deadline for notification of unexpected existing conditions

21 days is the deadline for filing claims if unexpected conditions arise

The winning bidder proposed a price for the apartment renovation, but just discovered that the existing roof structure has rot. He must let the owner know now so that if the price must be adjusted, it can be adjusted at the beginning. . . he cannot suspiciously claim he needs more money at the end by reporting he found the undocumented rot 14 months ago.

Question 18

Submittal
Definition, Protocol, and Examples

Answer 18

Submittals are product information submitted to show adherence to contract documents. The Contractor submits them to the architect for review and dissemination to architect’s consultants, then approvals move back through the architect to the contractor.
Examples: Product choices, cut sheets, color and material offerings, shop drawings, samples, etc.

Question 19

Hydrostatic pressure

Answer 19

Hydrostatic pressure:A force that causes water to come up through cracks in foundations, causing mildew, mold, foundation damage, decay and other water-related issues.

In buildings, hydrostatic pressure is most associated with foundations, basements, retaining walls, and any water-resistant surface that sits against wet earth.

To address hydrostatic pressure at foundation walls: slope the soil away from the building; create a capillary break with gravel backfill (old way) or dimple core drainage composites, attach to a wall in the field. And bury a perforated pipe, holes turned to the side, so that as water drops down the capillary break, it fills up the pipe and is carried downhill to daylight.

Question 20

What is the purpose of AIA Document G703 “continuation sheet”?

Answer 20

AIA Document G703 “continuation sheet” is a sidecar to the contractor’s monthly application for payment.

For the contractor to be paid this month, she must show you that she’s done the work she’s invoicing for, and you, the architect must approve her application for payment (AIA Document G702). This G703 sidecar document is a list of the work (e.g. HVAC system installation), the scheduled value of the work ($100,000), the cost of the work completed before this month ($20,000), what was completed this month ($10,000), materials already purchased and presently stored ($7,000 for an air handler, purchased, but not yet installed), the percentage complete (37,%), the balance to finish ($63,000), and retainage ($1,350).

Question 21

What is a Sample?

Answer 21

Physical examples of goods and materials; a type of submittal.

Question 22

When bolting steel members, how do we know that the nuts are tight enough to meet structural requirements?

Answer 22

Turn-of-Nut Bolting Method: a preset goal is established for how far the nut needs to be tightened. For instance, steel workers tighten 1/3 of a turn (120 degrees) after the nut makes contact with the steel. The nut is snug-tightened, then marked so that we can later see that it has been tightened the required extra turn.

Calibrated Wrench Method: an electric wrench is calibrated to stop at a predetermined amount of torque, and each nut is tightened until the wrench’s torque guage tells it to stop. The wrench must be recalibrated each day, so this method works best with small jobs where all the bolts can be tightened in one shift.

Direct Tension Indicators: metal wrings that look like washers are slid on the bolt-nut assembly before tightening. We know the bolt is tightened enough when bumps on the direct tension indicators (washers) have been sufficiently crushed. This can be seen by the eye, but should be measured with a “feeler guage.” Direct tension indicators are the simplest method of ensuring proper bolting because the operator can easily see if a bolt is not sufficiently tightened. For this reason, it is also the technique least likely to result in insufficiently tightened bolts and it is often the least expensive option.

Squirter Direct Tension Indicators: same as regular direct tension indicators, only instead of crushing bumps on the “washer” to ensure it is tight enough, the bolts are tightened until silicone embedded in the direct tension indicator “washer” squirts out.

Twist-Off Bolts: Part of a special proprietary bolt breaks off automatically when it is sufficiently tightened. This requires a particular type of wrench.

In critical situations, three samples of an entire bolt assembly may need to be tested prior to shipping the lot of bolts, nuts, and washers to the jobsite.

Question 23

AIA G712

Answer 23

Shop drawings and sample record.

It’s a log of fabrication drawings and samples submitted by the contractor with the date submitted, the subcontractor trade, and whether or not the sample or drawing was approved by the architect.

Question 24

Informational submittals

Answer 24

Submittals not requiring approval by the architect sent by the contractor to verify conformance to the contract.
*e.g. Coordination drawings, performance calculations

Question 25

What are the architect’s pre-construction activities?

Answer 25

Providing assistance with the bid process

Question 26

Why is it important for architects to be involved in the construction phase?

Answer 26

Most claims against the architect occur in the construction phase.

The design intent is more likely to be met if the architect engages with the construction phase

Some states even require the architect to be involved if they have stamped the construction drawings.

Question 27

What are the architect’s responsibilities in post-construction?

Answer 27

Certificates and inspections

Maintenance and operations

Start-up (break-in period to run the AHUs, chillers, boilers, sinks, toilets, etc. and confirm everything works)

Record drawings

Warranty review

Post-contract evaluation

Question 28

A facility performance evaluation vs post-occupancy evaluation

Answer 28

The facility performance evaluation is a requested meeting with the owner, at no additional compensation to Architect. The Architect must hold the meeting towards the end of the first year after Substantial Completion.

Post-occupancy evaluation (POE) is typically a more elaborate and rigorous evaluation than a simple meeting and is listed in the contract as a supplemental service that merits additional compensation for the architect. POE determines if the building performs as intended

In POE, six months or a year after occupancy, the architect will go in and test the space for functionality and comfort: energy use, water use, thermal comfort, acoustics, lighting, wayfinding, workflows, user satisfaction surveys, and overall design.

It has the side benefit of strengthening the client-architect relationship and can serve as a powerful learning tool for the architect to see what went right–and what needs improvement next time.

Question 29

When is the latest a contractor can ask a question during bidding?

Answer 29

7 days prior to bid due date

Question 30

What are the architect’s responsibilities for substantial completion?

Answer 30

Certifying the architect’s and architect’s consultants’ scope of work
*This specifically does not include the scope of work for the owner’s consultants

Question 31

AIA G612

Answer 31

Owner’s Instructions to the Architect Regarding the Construction Contract
Owner and architect fill out a form that lists a bunch of their insurance policy details (workers’ comp, commercial general liability, auto, etc.)

Question 32

The final change order resolves…

Answer 32

Allowances

Unit Prices

Contingencies

Bonuses/Penalties

Rebates/Credits

Outstanding Additional Services

Question 33

Alternate

Answer 33

Multiple pricing options
*Often uses “in addition to” or “in lieu of”

Add alternates: “How much more would it cost if we included this shed I designed as part of this project?” Add alternates are for something in the project that the owner considers desirable but not critical.

Deduct alternates: “How much would we save if we got rid of these external louvers I drew?” Deduct alternates allow a kind of coordinated cost-cutting baked into the bidding process.

Let’s say a state courthouse goes out to bid with add alternates that demand line-item (separate) pricing for extra security systems, extra outdoor lighting, marble (instead of wood) for the lobby floor, a geothermal system for heating and cooling, a low-energy reflective roof membrane, a public farmer’s market structure for the front lawn, and acoustical testing during construction; and a deduct alternate for relocating the electrical transformer from inside (more expensive) to outside (less expensive but uglier). The owner can look over the bid packages and consider prices on any combination of alternates to make his decision. In public projects with rules that heavily favor the lowest bidder but don’t specify which alternates must be considered when deciding whose price is lowest, contractors fear that the government will use this flexibility to pick the specific combination of alternates (and bidders’ prices for that specific combination of alternates) to create the most attractive bid for the contractor they secretly wanted to work with anyway. The contractors may ask the state government to rank-order the alternates so the contractors can focus on providing the best price for those alternates that the owner favors. . . but there is no incentive to the owner to rank the alternates before accepting bids, so he often won’t bother. Alternates, unit pricing, cost-plus-fixed-fee project delivery method, and allowances, offer architects and owners more flexibility to change course during construction without the contractor fleecing them with change orders. So much effort– in these exams and in practice– to protect the owner from change orders by compelling the contractor to set her price up front! If you are curious about alternates and want to read more, go here.

Question 34

Base bid

Answer 34

Sum stated in the bid from interested contractors. Does not include alternates.

Question 35

Action submittal

Answer 35

Action submittal: A submittal that requires the architect’s review and approval, like shop drawings for a railing, or a cabinet hardware sample that deviates from the one in the specs because the one in the specs is no longer manufactured.

Question 36

Who must sign the Certificate of Substantial Completion?

Answer 36

Owner

Architect

Contractor
*All three must also sign Pay Applications

Question 37

Parts of IPD Pre-Construction

Answer 37

Agency Review: Authority Having Jurisdiction (AHJ) review and asks questions on BIM model

*This process is meant to catch issues as early as possible.

Buy Out: Vendors and contractors commit to work packages

Question 38

Parts of IPD Pre-Construction

Answer 38

CA phase starts when the owner and contractor sign the contract

and extends until the architect issues the final Certificate of Payment so the contractor can get paid her last invoice.

In that time they’ll be RFIs for questions that come up on the jobsite, submittal reviews (approvals for contractor-provided moch-ups, cut sheets, shop drawings, and product samples), approvals for the contractor’s invoices (Certificates of Payment), and declaration of substantial/final completition.

Question 39

What are the phases and parts of a commissioning agent’s responsibilities on a project?

Answer 39

Commissioning agents hold a quality management role, typically focused on building systems and looking to ensure that the building met its design intent in sustainability, plumbing, thermal comfort, energy use, air quality, acoustics, etc.. They may test the water temperature to make sure it is hot enough to kill germs but not too hot to scald a baby and waste energy. They may measure the humidity in the rooms, double check the energy model, or survey occupants about HVAC noise.

Design: project requirements and specifications, sustainable options

Construction: administration of procurement, installation, and review

Acceptance: testing and manuals

Post-Acceptance: prepare owner for take over

Question 40

Slump test

Answer 40

A test that checks the consistency of bonding construction materials: concrete – low slump; mortar – medium slump; grout – high slump.

Question 41

Change order

Answer 41

A claim from the contractor for work which is outside of the contract documents. The contractor documents the cost and schedule changes, then asks the architect to prepare a change order that is signed by the owner, architect, and contractor. AIA document G701. See here for a sample.

Question 42

AIA Document C195

AIA Document C196

AIA Document C197

AIA Document C191

AIA Document A195

AIA Document B195

Answer 42

Each of these is a contract used for Integrated Project Delivery (IPD)

In IPD, the architect, contractor, and owner (and perhaps other players) attempt to truly collaborate—and unyoke themselves from a long tradition of adversarial relationships underpinned by legal claims, silo-ism, and general disdain for one another. The AIA contracts associated with this flavor of project delivery offer extreme flexibility in compensation and incentive structures, but are organized in three IPD subgroups.

Single-purpose entity IPD: The most hardcore IPD option. You, the architect, create a temporary legal agreement to create new LLP company with a developer and contractor to design and build cruise ship repair facility. The new company paid your design costs plus a very small fee. Upon completion, the new company sells the cruise ship repair facility to Carnival Cruise Lines and you earn some of the profits (or take some of the losses) associated with the sale because you have partial ownership of the company that built the project. This is a high-risk model with a big potential up-side, however it confuses your tax accountant, confuses your insurance agent, and muddles the management roles in the new company.

AIA Document C195-establishes the new company. Click here for an example if you are curious to see more.

AIA Document C196-between the new company and owner. Here.

AIA Document C197- between the new company and the architect or contractor, or other firm that the new company hires. Here.

Multi-party IPD: Easier and quicker to structure than a single-purpose entity IPD because you don’t jointly birth a new company. Maybe the developer pays your team for its time (direct costs), but not for overhead or profit. The developer, contractor, and you team up and agree to work with one another as true partners, but stop short of taking joint ownership of a new development company . . . importantly, you still each agree not to sue one another. You, the architect, are hired by a developer to design a cruise ship repair facility. If the cruise ship repair facility is energy-efficient and has an energy use intensity (EUI) less than 500 kBTU/sf, the owner pays you a $100,000 bonus and another bonus goes to the contractor. If the project is awarded a certificate of occupancy before June of next year, you earn another $150,000 bonus and the contractor earns her bonus. If the project comes in under-budget, you are entitled to 20% of the savings and the contractor is also given a cut of the savings. While the developer incentivizes you based on the project’s success, you don’t have ownership in the project, so your up-side opportunities aren’t as lucrative. But if the news extensively covers a high-profile cruise ship sinking and Carnival Cruise Line files for bankruptcy before it was slated to purchase the project from the developer, neither you nor the contractor are on the hook for the loss. This flavor is the most common IPD contractional relationship.

AIA Document C191-Standard Form Multi-Party Agreement for Integrated Project Delivery sets up the team, defines the compensation, and waives the right to file claims against one another. Here.

Transitional IPD: IPD-lite for those who are IPD-curious but not prepared to fully-deviate from the familiarity of the old, adversarial relationships. Transitional IPD presents as similar to the multi-party option above, in that we didn’t birth a new company. But now, with transitional IPD, the three parties–owner, contractor, and architect– are less of a team: everyone can sue one another, just like in legacy project delivery options. And also, as in the older project delivery contracts, the owner retains the authority to make the call on issues that arise, overriding the contractor and you, because are not really partners. The owner even holds the contractor to a guaranteed maximum price. So how is a Transitional IPD an IPD at all? Answer: it’s barely IPD. The contracts describe the phases in IPD language (“Criteria design phase,” instead of, “Schematic design phase,” etc.) and they stipulate some collaborative processes and open information sharing that goes beyond older contract types.

AIA Document A195-between the owner and contractor in transitional IPD. Here.

AIA Document B195- between the owner and architect in transitional IPD. Here.

Question 43

Orthophotography

Rectified Photography

Convergent Photography

Answer 43

Orthophotography: Aerial photos corrected to provide measurable images.

Rectified Photography: Façade/flat face photos for high detail records.

Convergent Photography: Aerial photos with corrected one-point perspective view.

Question 44

In your own words, how does the AIA number its documents?

Answer 44

It may seem like we are looking at random numbers, but the AIA has a system for numbering its contracts and other documents.

Let’s look at the document introduced a couple of cards ago, AIA C195, which sets up the new company in the single-purpose entity IPD project.

We’ll start with the “C,” which denotes “other agreements,” and is reserved for contracts other than those between the owner and contractor (“A”) or those between the owner and architect (“B”). For instance, AIA C401 contracts the consultant to the architect.

D-Misc forms and documents

E-Exhibits (sidecars to other documents)

G-Forms for contract administration and project management (important to the CE test!)

. . . Back to our example, the C195 for setting up the single purpose entity in IPD. The first digit, the “1” denotes a prime agreement (main contract with the owner). The prime agreement between owner and contractor is A101 (remember that “A” links owner and contractor); the prime agreement between owner and architect is B101 (remember that “B” links owner and architect). Below you’ll find the meaning of the other first numbers in the three-number sequence:

2-conditions or scope of the agreements

3-bonds or qualifications

4-agreements between prime and sub-contractors or sub-consultants (remember our C401 agreement between architect and consultant?)

5-guides

7-bid documents and construction forms (important for the CE division)

8-forms or documents specific to the architect.

. . . Back to our example, the C195 for setting up the single purpose entity in IPD. The second digit, the “9,” denotes the project delivery method. All documents with “9” as the second number relate to IPD. Again, from a couple of cards ago, the AIA C191 establishes a multi-party type of IPD. The meaning of other digits in the second slot:

0- conventional delivery (AIA B101)

1- also conventional delivery

2- also conventional delivery

3- construction manager as adviser or as constructor

4-design-build

5-interior only

6-international

7-program management

The last number is random and just allows for 10 different documents to fall under the taxonomy established by the first three characters. . . Back to our example, the C195 for setting up the single purpose entity in IPD. The third digit, the “5,” has no meaning other than to differentiate it from the C191, which you’ll remember we use to set up the multi-party IPD.

Question 45

Proctor test

Answer 45

A test that determines optimal moisture content to determine maximum compacted density of soil.

Question 46

Commissioning

Answer 46

The process of testing, documenting, and approving building equipment
The commissioning team includes the architect, owner, contractor, and/or a dedicated professional commissioning agent

Question 47

If the architect’s fee is based on a percentage of construction cost, does that fee include contingency built into the budget for cost overruns? In other words, if the architect’s fee is 7% of a building’s cost, and the building is projected to cost $100,000 with a 5% ($5,000) contingency allowance, is the architect entitled to 7% of $100,000 or 7% of $105,000.

Answer 47

This issue was long a point of confusion, until the 2017 version of the contracts cleared this up by changing the language of the AIA Documents from “Cost of the Work” to “Owner’s budget for the Cost of the Work.” So, as design progresses, the architect’s fees, if billed as a percentage of cost, reflect the fluid nature of construction costs by basing fees on the current owner’s budget. Though the evolving Owner’s budget for the Cost of the Work does not include contingency, at the end of the process, if the project is subject to change-orders and goes over-budget, and the architect’s fee is 7% of the “Owner’s budget for the Cost the Work,” then the architect is owed 7% of that overage when they settle up.

Question 48

Shop drawings include…

Answer 48

Drawings

Diagrams

Schedules

Any other information specifically prepared to illustrate some part of the work

*That cantilevered overhang you drew at the entrance to the building was too light to require a structural engineer, but must be fabricated, so the shop will make its own drawings identifying what’s welded, what’s bolted, and what’s glued. Those drawings will be passed from the fabrication shop to the general contractor to you for approval. You are not expected to re-measure the shop drawings to confirm that they match your original overhang length, nor will you need to confirm that the shop drawings describe structurally robust connections. You’ll look them over (with a rapid turn-around. . . time is money) to confirm they align with your design intent. Maybe they look good and you approve them. . . or maybe you designed the overhang to be constructed from glue-lam beams–not steel!–and you reject them.

Question 49

Joint check

Answer 49

Joint check: A payment option for the owner to pay subcontractors when the general contractor is not on top of payments.

If the contractor fails to pay her subs, those subs could put a lien on the property, meaning the owner is on the hook for paying those subs. The owner, then, has a financial stake in ensuring proper compensation for everyone who works on the project.

If the owner pays with a joint check the owner puts both the contractor’s and subcontractor’s names on the check. Both the contractor and subcontractor must then endorse the joint check so that it can be cashed, and if the subcontractor signs the joint check, he confirms that he has just been paid his share.

Similarly, down the chain, if a contractor fears that a subcontractor won’t pay his concrete suppliers, she might pay her subcontractors with a joint check made out to both the foundation subcontractor and the concrete supplier. Both would need to sign it to cash it.

Question 50

What are the three stages of commissioning?

Answer 50

Ascertain requirements for performance

Plan commissioning process

Function and performance testing

Question 51

Typical retainage amounts are…

Answer 51

10%
*5% for materials in storage

Question 52

CSI 13.1A

Answer 52

CSI 13.1A: Substitution request

Question 53

Change orders include/exclude…

Answer 53

Change orders include: Costs of work associated with changes to schedule, budget, and scope: “Straight” hourly wages; heavy equipment rental; reasonable delivery charges; materials at contractor’s cost
Change orders exclude: Fringe benefits (owner pays for drywaller’s hours, but not her insurance, payroll taxes, or retirement benefits); overtime (owner doesn’t pay for overtime associated with change order work, unless agreed upon); everyday equipment rentals (no charges for hand tools, simple scaffolding); they can’t charge for use of the contractor’s pick-up truck (nice try); nor can they include contractor mark-ups for materials (owner reimburses what the contractor paid after rebates and discounts).

*The system is set up to discourage contractors from submitting unrealistically low bids to win the job, then relying on opaque change orders to make up for the loss and earn a profit.

Question 54

Post-construction evaluation

Protocol for outstanding issues

Answer 54

Post-construction evaluation: The owner has the right to meetings regarding the facility operations and building performance up to one year after substantial completion.

Protocol for outstanding issues: The contractor has the right to be given notice and a chance to fix issues (or the owner’s right to damages is waived).

Question 55

Construction change directive

Answer 55

A change directed by the architect that must happen to keep a project on schedule. The architect must document the cost and schedule changes.

Question 56

Addendum

Answer 56

Changes to program, scope, or budget after CDs but before bids are submitted.
The Architect should charge for the additional work required if changes were instigated by the owner.

Question 57

AIA G802

Answer 57

AIA G802: Amendment to the Professional Services Agreement

You’re designing a prison for a client and signed a contract to do so. The residents on the adjacent land don’t want to live next to a prison, so they approach the prison builder and offer their land at a fantastic price. The prison then buys the adjacent land and would like you too redesign the long prison driveway to encroach on the newly available adjacent lot. You, the architect, should be paid more money for the new design since you already had completed another site plan for the smaller original site, and you need more time allotted than what is in the contract to do so. You should charge extra for your work outside the original contract, and because you’ve changed the contract, you’ll need to get that in writing. By now, these themes should be in the front of your mind if you’ve taken the rest of the Amber Book course.
AIA G802 manages additional services, like the new site plan, not included in the prime contract. See here for an example.

Remember the numbering system:

G-forms for contract administration and project management

8 (as the first number)-documents specific to the architect

0 (as the second number)-conventional project delivery

Question 58

Substitutions are allowed when…

Answer 58

A product is no longer available

There are regulatory changes

There are prohibitive warranty conditions

The specs permit them

Question 59

Statute of Repose vs Statute of Limitations

Answer 59

Statute of Repose: a hard deadline on the time window, in which an owner can sue the architect. Imagine a statute of repose of 10 years from substantial completion. If a leaky roof slowly rots the rafters, and the leak started before the 10-year mark, but the discovery of the rotten rafters occurred after the 10-year window, the owner waives the right to take the architect to court or arbitration.

Statute of Limitations: a more flexible deadline. Imagine instead there is a 10-year statute of limitations from substantial completion. Now the judge or arbitrator has the flexibility to rule that because the leak started before the time limit, the suit can proceed even though the discovery of the rotten wood occurred after the 10 year time limit.

Most states have both statutes of limitations and statutes of repose automatically written into law. So there may be a six year statute of limitations (leak arrived within six years but rotten wood not discovered until seven years: okay to sue) with an nine-year statute of repose (hard deadline after 9 years: even if the leak occurred within six years, no liability after nine if the rotten wood was discovered 11 years after substantial completion). Some states–I’m talking to you New York and Vermont– have no absolute limit on the length of time that the architect is exposed to a lawsuit; they have no statute of repose.

Most states respect the “private law” of the contract. In other words, if, in advance, an architect and owner agree on a timeline differing from the state’s default timelines, the contract’s timeline will supersede the state’s default timeline. The AIA agreement spells out that the statute of repose stop-watch for litigation begins at substantial completion and extends to either

The state’s default statute of repose or

Ten years

Whichever is shorter.

The “private law” established by contract between the architect and owner may amend the rules for the owner suing the architect, but it obviously does not affect a third party. So the right of a visitor to the building to sue the architect after a slip-and-fall extends to the limits established by each state–and rules vary wildly from one state to another.

As you may imagine, the architecture and construction professions generally advocate for the certainty associated with statutes of repose that begin upon substantial completion, while the owners often advocate for the flexibility of statutes of limitations or write their own contracts where the clock begins ticking upon the discovery of the defect, rather than at substantial completion. If the owner or other third party can theoretically sue forever, when can the architect cease carrying liability insurance after retirement? How can a firm that purchases another firm assess the risk that some long-ago error, perpetuated by the purchased firm, might resurface?

In both types of statutes, the clock can begin ticking either when an event occurs (i.e. substantial completion) or when the harm is discovered (i.e. rotten wood discovered). In the AIA contracts, and therefore in the ARE, we focus on the statutes of repose where the clock starts at substantial completion

Question 60

Who confirms that the contractor has done the work he promised?

Answer 60

The architect signs off on AIA Document G702, Application and Certificate for Payment. As building professionals who represent the owner, the architect holds the contractor accountable and has the final say as to whether the contractor gets paid for this month’s work. See a sample of the AIA Document here (worth reading before the CE exam)

Question 61

What is the difference between a Change Order and a Construction Change Directive

Answer 61

Each involves a change to the project relative to the original contract documents.

Change Order: all three parties (architect, owner, and contractor) agree to the change and to the associated cost or delay

Construction Change Directive: the architect thinks the change is warranted, but the owner and the contractor disagree as to the cost of the change. The architect orders the change and the owner and contractor agree to deal with the money dispute later so as not to stall the progress of construction. This is rarely invoked in practice, but a startlingly common topic on the exam.

Question 62

During bidding, who has the power: the owner or the contractor?

Answer 62

Answer: The owner has the power until the contract is signed. Once construction commences, the “bidder” becomes the “contractor” and the power often shifts to the contractor.

Bidding is like a complex board game with high stakes and inflexible rules. That rigid format offers the owner the best assurance that the project will be built, as proposed, at an acceptable quality, for the least cost.

The bidder visits the site, has read the drawings and specs, includes the cost of all the materials, equipment, and systems in their bid. If the bidder misses something in the drawings or specs when offering a price, it’s 100% the bidder’s responsibility to build it anyway. If a deposit is collected, the bidder returns the drawing sets and specs in good condition with a legitimate bid and then will be given their deposit back. The bidder does not have license to use the bid documents for anything other than bidding (they can’t use it for marketing, or copy-paste a detail they like and offer it to another client). The bidder pays the cost of preparing the bid.

Question 63

A bidder wants to better understand the type of soil on the site. Why can’t a bidder call the architect to get a clarification?

Answer 63

The bidder has questions, seeks clarification, or seeks interpretations of the bidding documents? (They often do.) Give those questions to the architects in writing at least one week before the bids are due. The architect will offer written addenda as explanations to all the bidders, based on all the questions received from all the bidders, that way everyone is bidding from a level playing field, armed with the same information. No private phone calls with clarifications for one bidder!

If the bidder submits late, they might have an advantage because the other bids have been revealed, so late bids are not accepted. The bidders must all adhere to the same rules. Often the bids are opened publicly and read aloud. Sometimes a summary of the bids is made available to the other bidders so they can see how, and by whom, they were underbid.

For a more complete review of bidding, watch this Amber Book : 40 Minutes of Competence video.

Question 64

The bidder wants to substitute the specified faucets for others?

Answer 64

As is almost always the case with deviations from the contract, the bidder submits the proposed change in writing to the architect with enough time to get a response. The burden of proof that the substitution is a better option is on the bidder; the architect makes the final approval decision and accepts or rejects the substitution in an addendum provided to all the bidders. Substitutions submitted after the owner awards the contract are not considered (unless the contract stipulates they will be).

Question 65

Surety bonds

Answer 65

Once the bid is submitted, the bidder is obligated to follow through with the contract to build the project, as set forth in the bidding documents, at the offered bid price. They must also furnish any required surety bonds.

Bid bonds and performance bonds are types of surety bonds which work like insurance protecting the owner if the contractor does not follow through with a project. These obligate a third-party insurer to pay the owner to finish the project if the contractor walks. Bid bonds will pay the difference between the accepted bid and the next lowest bid if the lowest bidder cannot follow through with the work. Performance bonds will pay for the project to be completed if the contractor defaults midway through. The cost of the bonds should be included in the bid price. As you would imagine, there’s an AIA document to identify and organize the bonds (A312).

Question 66

Can the owner accept a bid that doesn’t meet all the bidding requirements?

Answer 66

Answer: yes, the owner can accept anything she wants.

Typically, the contract is awarded to the “lowest responsive and responsible” bidder. Responsive, meaning that the bidder met the bid requirements and, responsible, meaning that the bidder’s reputation, past work, and financial capability are acceptable to the owner. Once the contract award is under consideration, the selected bidder may be required to submit to the architect a Contractor Qualification Statement (AIA Document A305). The owner has the right to accept a bid that has irregularities or doesn’t quite meet the requirements of the bidding process if they feel it is in the owner’s best interests, and the owner has the right to reject any or all bids!

If the bidder requests it, the owner must provide proof that she has accesses to enough money to pay for the project.

Question 67

The design of a community sports complex goes out to bid with a tennis court as an “add alternate.” Bidders submit a base bid for the complex and an alternate bid price that includes the tennis court.

Bidder A: Base bid for rec center of $800,000;

tennis court will be an extra $100,000

Total for both: $900,000

Bidder B: Base bid for rec center of $810,000;

tennis court will be an extra $65,000

Total for both: $875,000

Who is awarded the contract, the bidder with the lower base bid or the bidder with the lower total bid?

Answer 67

Answer: it’s up to the owner to decide which alternates, if any, will be considered after the bids come in. Then the owner determines the lowest responsive and responsible bidder based on the sum of the base bid and any alternates the owner chooses to consider.

Question 68

The owner wants to hire the lowest bidder, but that bidder will be working with a façade installer known to be connected to the mafia. Now what?

Answer 68

After the bidder is selected, they provide to the owner, through the architect, a breakdown of who will be doing what to build the project: what the contractor will build with their own team, and which major manufacturers, and suppliers the contractor will be working with for which parts of the project. The contractor promises to use that same team (unless changes are approved by the owner). When the proposed team is submitted, the architect and owner have the authority to reject any of the proposed team (for legitimate reasons only), and if the builder’s team member is rejected, the bidder can either withdraw the bid or submit an acceptable substitute team member (with any adjustment in the bid amount to reflect the new cost of the substitute). The owner, in turn, may accept the adjusted bid price with the new substitute or disqualify the bidder. Bidding is complicated!

Question 69

The architect’s construction set was correct, but the fabricator’s shop drawings for a steel stair were incorrect. The architect approved the shop drawings. Whose bears responsibility?

Answer 69

Answer: The steel fabricator is at fault, from the contractor’s point of view, and the contractor is at fault from the owner’s point of view. The architect is not at fault from anyone’s point of view, even though the architect approved the faulty shop drawings.

There are a several important concepts that are covered in this question

The architect draws the intent of the design, but because the architect can’t draw everything and something like the location of a hinge is most competently handled by an expert in door installation, almost everything is redrawn by those who build it! This process leaves the contractor’s subs understandably frustrated with the architect. BIM–and the emerging primacy of digital drawings over paper drawings on some projects–is contributing to a rethinking of this drawing-twice redundancy. Increasingly, the fabricator will start with the digital drawings provided as part of the contract documents and edit those digital drawings as necessary, instead of starting from scratch with a new drawing.

The contractor approves the sub’s steel fabrication shop drawings before it goes to the architect. The contractor is responsible for making sure the drawings are accurate. For instance, contractors should confirm that field measurements and materials provided by the subs meet the requirements of the construction site as-built, and that the shop drawings meet the intent as laid out in the contract documents (drawings and specifications from the architect).

There is a chain of command, whereby almost all content and communication moving from a sub to an architect or owner moves through the contractor first. (And almost everything that moves from a consultant (structural engineer, acoustical consultant, etc.) to a contractor or owner, first goes through the architect.)

The architect and owner gave the contract documents to the contractor months ago, but now the contractor submits shop drawings–detailed mechanical drawings depicting how parts of the building will be fabricated–back to the architect for approval. The sub then boils into a rage when the architect, who is busy with another project, takes too long to approve the shop drawings of the stairs. The fabricator must wait for the architect’s approval before starting the construction, or take the responsibility of rebuilding the stairs if the architect nixes the shop drawings after fabrication has commenced.

The architect is not responsible for confirming field-measurements, hinge capacity, and other detailed content of the shop drawings and other submittals. Rather the architect’s approval simply conveys the architect’s broad sense that the shop drawings appear to meet the intent of the design.

If the architect approves shop drawings that have a buried change in the design, this does not indicate that the change was approved by the architect. Any change in the design would require a change order signed by the architect, contractor, and owner. So if the steel fabricator changed the number of treads in the stairs, and the architect approved the shop drawings without counting treads, that does not indicate an approval of a new stair configuration, and the responsibility for that mismatch still lies with the contractor and his sub, the fabricator.

Responsibility follows the chain of command, just as communication does. The owner has no contract with the steel fabricator, so the owner has no direct redress to the fabricator for the error. Rather the owner blames (and sues) the contractor and the contractor blames (and sues) the steel fabrication subcontractor. This is an important concept in these exams so read it again if it didn’t sink in.

Question 70

AIA Contracts

Answer 70

Owner-Architect Agreement B101 is here (most important one to know)

Owner-Contractor Agreement A101 is here

General Conditions of the Contract for Construction A201 is here

Architect-Consultant Agreement C401 is here

*As with so much of the other content in this division, these are also important for PjM, and PcM exam divisions, and to a lesser extent, PA, PPD, and PDD. That is why you’ll save yourself time–both in total hours of studying and in total time until licensure–if you treat all six divisions as one long six-part exam to be taken in one or two weeks. I know you are scared of this idea, but I’m certain I’m right about this.

Question 71

Who prepares change orders?

Answer 71

Architects prepare change orders and construction change directives for the owner’s approval.

In theory, according to the contract, contractors submit a change order request to the architect, but the architect actually prepares the change order.

I know that in practice, sometimes the contractor prepares the change order, but know that the agreements stipulate otherwise.

Question 72

Payment bond vs bid bond vs performance bond

Answer 72

Each of these bonds is like a little insurance policy, purchased by the contractor, and payable by the “insurance company” third-party if the contractor defaults on her commitments

Payment bond: pays out subcontractors and suppliers if the contractor flees or goes broke

Bid bond: pays out the owner if the contractor accepts the bid, but doesn’t sign the contract to build the project

Performance bond: pays out owner to finish the project if the contractor flees or goes broke partway through construction

Question 73

AIA G707A

Answer 73

Manages retainage payout

Question 74

Who pays for permitting fees?

Answer 74

The general contractor pays for building permits

The owner pays for permitting fees associated with the municipality’s design review: zoning review fees, permit review fees, planning commission fees, etc.

Sometimes the architect lays out the cash for the design review fees and then passes those charges onto the owner as a reimbursable.

Question 75

When is retainage paid, at Substantial Completion or at Final Completion?

Answer 75

The owner pays retainage at Substantial Completion.

In the exam, when given a choice between Substantial Completion and Final Completion, if you’re not sure, choose Substantial Completion. . . almost everything end-of-construction-related happens at that milestone.

Question 76

What AIA forms help with CE?

Answer 76

You’ll for sure want to watch this Amber Book : 40 Minutes of Competence video on the topic of these glorified receipts. Understanding the concepts behind these documents will help you a great deal on this exam division.

The AIA created a bevy of short, useful forms to wrap things up for the architect. Here is a review

G707A-manages retainage payout to the contractor.

G712-log of shop drawings and samples

G701-change order

G702-contractor’s application for payment

G703-sidecar to G702: breakout table describing what the contractor did this month to earn the payment

D200-project checklist (check it out. . . very helpful for your current project)

Question 77

Submittals are material & product samples, product performance data, shop drawings and mockups. When a electrical subcontractor has submittttal that needs approval, what is its path?

Answer 77

Submittals are the things that the contractor offers to the architect to confirm that what is being built matches the design intent. The architect must then approve the submittal.

If the submittal includes something that deviates from the contract (for instance, a different kind of window than what was called for in the specs), the contractor must point that out when turning the submittal over to the architect for approval, and the architect must explicitly approve the substitution in writing.

*Important: the architect’s approval of a submittal doesn’t mean the architect confirms that the shop drawings or product sample meets every provision of the drawings and specs–that onus falls to the contractor and his subs. Rather an architect’s approval of a submittal is a confirmation that the PLOT of the screenplay LOOKS aligned to the movie producer’s intention. . . and not a confirmation that the screenplay’s grammar is correct.

If the architect had to “check the grammar,” the submittal approval process would take too long, and if the architect (rather than the contractor) was responsible for approving a crappy window replacement that veered from the contract documents, the contractor–who bid low to get the fixed-fee job and is now trying to figure out a way to make a profit from it–would inundate the architect with less-expensive replacement options in the hope that one or two crappy substitutions would slip past an architect who accidentally approved it.

Question 78

Fixed rate vs variable rate retainage

Answer 78

Retainage: Some of the cash that the owner owes the contractor is set aside each month and finally paid out at the end of the project to incentivize the contractor to see the project through to the end. Most of it is paid out at substantial completion, but 2x the cost of the punch list items is held back until final completion.

Often the retainage is fixed at 5% or 10% of each contractor invoice to be set aside, and often deposited as the project progresses in an escrow account, but if the contract specifies variable retainage, they’ll be two different retainage rates:

materials in storage that haven’t been installed at one percentage and work completed at a different percentage

or sometimes. . . .

one retainage rate for the early portion of a project, and a different retainage rate for the end of a project

Question 79

Contractor’s Warranty vs Correction of Work Period

Answer 79

Contractor’s Warranty:

Lasts until the statute of limitations and statute of repose extinguish the warranty, typically 10 years but state law sometimes alters that.

Materials are new and of good quality

Work free of defects

Work will meet the requirements of the contract documents

Contractor must fix it. If he doesn’t address it promptly, contractor agrees to pay another builder to fix it. Architect can withhold application for payment until defective work is remedied, and, of course, the owner can file a claim against the contractor.

Excludes damage from: improper use, alterations by someone other than the contractor, improper maintenance, and from normal wear-and-tear. Fair enough.

Correction of Work Period

Extinguishes after one year

Covers anything within that time period that is found to be not conforming to the contract documents.

Legally separate from the contractor’s warranty, so owner enjoys both a 10-year contractor’s warranty and a one-year Correction of Work Period. These are two different sections of the AIA A201

So the warranty lasts the 10-year-from-substantial-completion statute of repose (depending on the state) and the Correction of Work Period lasts one year from substantial completion and they each kind of cover the same thing.

“But, Michael, can you name an example of what should be remedied by a contractor that falls under the one year Correction of Work Period clause but doesn’t fall under the ten-ish-year warranty clause?”

No, not really. I asked AIA legal counsel for an example that would be covered by the one and not the other and he couldn’t name any such example either. He wrote, “I think it would be very difficult to find something that would fall under the correction of work period (section 12.2.2) that does not also fall under the general warranty in Section 3.5. Both are written to cover things that do not conform to the “requirements of the Contract Documents”, so their scope is largely overlapping.”

So why have the one-year Correction of Work Period at all when the warranty covers the owner for about 10 years? AIA’s legal counsel answered that question for us:

The key conceptual difference is that within the correction of work period, the owner has two options to resolve something that doesn’t conform to the requirements of the contract documents – (a) make a claim and proceed down the dispute resolution path or (b) demand the contractor correct the work in accordance with Section 12.2.2. After the correction of work period has expired, the owner is just left with the option of making a claim.

So within the one-year window, the contractor comes back and remedies the problem when asked. But after that, if the contractor refuses to return, the lawyers get involved to add enough friction and cost to the process so that the owners don’t abuse the warranty system and only squack when they have a good case to make.

In practice, the side with the better expert witnesses generally wins these cases.

Question 80

The contractor installs a dishwasher in the break room. In whose name is the dishwasher warranty: owner or contractor? Who files the paperwork for that: owner or contractor?

Answer 80

The contractor files warranties for products in the owner’s name. The contractor must provide three copies, in loose-leaf binders, of operating and maintenance data from the manufacturers of the equipment on the site. Like how often to change filters in the water purifier?

Question 81

Why do the contracts obsess over whether the general contractor pays her subcontractors?

Answer 81

Unpaid subcontractors and materials suppliers can file a lien against the property. General contractors must certify that their subs were paid each time they submit an application for payment (typically monthly).

Question 82

The contractor pays the electrical bills during construction. At some point, utilities and security responsibilities are handed over to the owner. When does that handover happen?

Answer 82

At substantial completion (like almost every other milestone).

Question 83

Before heading to mediation, a construction claim must go through _______.

Answer 83

A: The Initial Decision Maker (IDM)–usually, but not always the architect–who will render a quick non-binding decision or offer a compromise

The hope is to avoid expensive lawyers and take advantage of a third-party (admittedly, not a totally disinterested third party) who knows the project intimately. If either side rejects the IDM’s decision, it is free to then go to mediation. If either party rejects the mediator’s non-binding decision, it is free to move to binding arbitration or court litigation.

Question 84

Bidding or negotiation

Answer 84

By base contract, the architect assists the owner in bidding or owner-contractor agreement negotiation. . . but not both.

Question 85

The architect can reject a contractor’s application for payment. . . but can she retroactively reject one that she already approved months ago?

Answer 85

Yes! Which makes sense because it might only be later that she realizes that the work she approved payment for was defective or only later that she realizes the contractor didn’t pay his subs.

The architect can nullify all or part of previous certificates for payment to protect the owner against:

uncorrected defective work

contractor failure to pay subs or suppliers

evidence that the work described in the contract cannot be completed for the unpaid balance of the contract sum or evidence that the work cannot be completed on time

contractor consistently failing to meet his contractual requirements

Question 86

How do the architect, contractor, and owner calculate how much to give the contractor this month for her progress payment?

Answer 86

Question 87

The drawings call for a metal door frame; the specs call for a wood door frame. Which one governs when there is a conflict?

Answer 87

The specs govern in court eight months later when we’re trying to figure out what the contract obligates the contractor to build. If the contractor notices a discrepancy between specs and drawings in the field, she is contractually obligated to file an RFI to the architect for clarification.

Question 88

A subcontractor fell down a utility trench. By contract, what does the contractor do?

Answer 88

A: Whatever is necessary.

Generally, the contractor must, by contract, loop the architect and owner in before doing anything unusual. . . .but the AIA A201 includes a common-sense emergency provision allowing the contractor to act to protect property and life as-needed in emergencies.

If the emergency delays work or costs money, who pays? It depends, but by now you should be able to intuit who pays. If the emergency is construction-site-related, the contractor pays. If it is existing-site-related, the owner pays. The architect (almost) never pays.

Question 89

What to do if a wood beam or truss or stud is damaged?

Answer 89

Maybe it was damaged at installation, during transportation, or maybe a too-large hole was drilled in a beam to run a pipe, or a. crane boom hit it after it was set in place.

First, get a repair detail drawing as calculated by the truss manufacturer or structural engineer. You are not qualified to fix this yourself. . . nor is your contractor.

The fix will probably look something like one of these

In the field, a lumber scab looks like this

An OSB gusset plate looks like this

and a steel nail-on plate looks like this

To read more, go here.

For concrete repair, we’ll use fiber-reinforced polymer (FRP). Go here (you only need to watch for a few seconds to get the idea)

Read on for fun if you have the time or curiosity (not important for the exam): Steel generally doesn’t get damaged as readily, at least not during construction, but in the presence of saltwater, it may corrode (see here). This is how we use a sleeve to repair a rusted dock steel pile without having to drain a portion of the lake (the video depicts a wood pile, but the steel application would be similar): go here to watch.

Question 90

Who pays for permitting?

Answer 90

The owner pays for the permits required to have a building.

The contractor pays for the permits required to build a building.

Often the contract documents specifically enumerate who pays for the permits for this particular project, but in the absence of that, the AIA A201 rules that the contractor pays for the building permit, electrical inspection, plumbing inspection, elevator inspection, and just about everything after the contract is signed and before the certificate of occupancy (C.O.).. . . All permits “for proper execution and completion of the work.”

The owner pays for the zoning permits and everything else before the contract is signed. . . and the owner also pays for the C.O. at substantial completion and all the fees associated with occupying a permanent building.

Question 91

Can an unlicensed architect sign the contractor’s pay application (if she works under a licensed architect?)

Answer 91

No. Technically, the pay application must be signed by a licensed architect (probably).

Question 92

What is a Kelly Ball slump test?

Answer 92

A: Like a “regular” slump test in that it tests workability of a concrete batch. A metal ball is dropped into a tray of concrete from a specified height and we measure how deep it goes.

Pro: Greater precision than “normal” slump test

Con: Requires a larger sample of concrete to test

Question 93

Are architects supplementary instructions (ASIs) produced during the bidding phase?

Answer 93

No.

ASIs are for elaborating on a detail or changing the paint color. . . alterations to, or elaborations on, the drawings after the contract is signed that don’t affect time or budget, and therefore don’t rise to the level of a change order. If you, the architect, wanted to swap the paint color during bidding, which comes before the contract is signed, you’d do it with an addendum and change the construction drawings before they became part of the contract documents.