Chap 8 - Interpretations and Modifications

Question 1

There are two types of modifications: ______

Answer 1

• those that require a change to the contract sum or time, and
• those that do not.

CAPG Chap 8 Intro

Question 2

Changes that do not affect cost or time are minor changes in the work and may take the form of, ______

Answer 2

…substitutions, supplemental instructions (ASI), or field orders.

CAPG Chap 8 Intro

Question 3

Information should be stated ______

Answer 3

… clearly, but only once.
CAPG 8.1 Intro

Question 4

If similar information appears in both the drawings and specifications but is in conflict, ______

Answer 4

…document interpretation or modification will be needed.

CAPG 8.1 Intro

Question 5

Disagreement by the contractor and owner on an A/E interpretation of the contract may result in:

Answer 5

• change directive
• minor change in the work (ASI or Field Order)
• change order
• notice of claim
• claim

CAPG 8.1 Intro

Question 6

The contract documents are __________ , and what is required ______ is as ______________.

Answer 6

The contract documents are complementary, and what is required by one is as binding as if required by all.

CAPG 8.1.1

Question 7

Contract documents are defined as the _________ that become ________ when the _______.

Answer 7

…. legally enforceable requirements that become part of the contract when the agreement is executed.

CAPG 8.1.1

Question 8

Contract documents usually include the _____________ (6 things)

Answer 8

• contracting forms,
• conditions of the contract,
• specifications,
• drawings,
• addenda, and
• modifications.

CAPG 8.1.1

Question 9

The AIA A201 states that the contractor is required to do only what is:

Answer 9

• reasonably consistent with the contract documents and
• reasonably inferable as being required to produce the intended results.

CAPG 8.1.1

Question 10

The conditions of the contract require the contractor to report_____________ to the ________.

Answer 10

…errors, inconsistencies, or omissions to the A/E.

CAPG 8.1.1

Question 11

When the A/E makes an interpretation consistent with the intent of the contract documents, he then issues an:

Answer 11

• Interpretation,
• minor change, or
• proposal request

CAPG 8.1.1

Question 12

RFIs asking for interpretation of an item in the contract documents, may be initiated by who?

Answer 12

• the owner or
• the contractor.

CAPG 8.1.2

Question 13

The AIA A201 states that the architect’s decisions regarding aesthetic effect are _____, unless they are _____.

Answer 13

….are final, unless they are inconsistent with the intent expressed in the contract documents.

CAPG 8.1.2

Question 14

In order to maintain proper lines of communication, RFIs should be accepted only from:

Answer 14

• the owner or
• the contractor.

CAPG 8.1.2

Question 15

RFIs may occasionally be an attempt to make a ___________ after expiration of the time limit.

Answer 15

…. Substitution of

• product,
• material, or
• system

CAPG 8.1.2

Question 16

AIA A201 and EJCDC C-700 stipulate that the A/E’s decisions will be consistent with the intent of what may be _________________

Answer 16

….reasonably inferable from the contract documents.

CAPG 8.1.3

Question 17

The A/E should render interpretations based on the contract documents without ___________

Answer 17

….partiality to either the owner or the contractor.

CAPG 8.1.3

Question 18

Claims may be caused by the ______ or _____ disagreement with the A/E’s interpretation.

Answer 18

….owner’s or contractor’s

CAPG 8.1.3.2

Question 19

Unresolved claims become __________.

Answer 19

…. disputes.

CAPG 8.1.3.3

Question 20

Contract modifications are required whenever a change will ____________ .

Answer 20

modify the contract documents, regardless of a change in time or cost.

CAPG 8.2 Intro

Question 21

________ are used to modify the contract documents when time or cost are affected.
________ are issued when neither time nor cost are affected.

Answer 21

….Change orders are used to modify the contract documents when cost, time, or both are affected.
….Minor changes in the work (ASI / Field Order)

CAPG 8.2 Intro

Question 22

Prior to preparation of a change order, the contractor is usually asked to respond to a __________

Answer 22

….proposal request or submit a request for proposal which outlines the cost of the change and schedule impact.

CAPG 8.2 Intro

Question 23

Contract modifications are not required when:

Answer 23

….an RFI does not affect cost or time.

CAPG 8.2 Intro

Question 24

Circumstances under which modifications to the contract documents will be allowed are described where?

Answer 24

• Conditions of the contract, and
• Division 01

CAPG 8.2.1

Question 25

Contract document modifications may be necessary when:

Answer 25

* intent of the documents is not “reasonably inferable” * corrections required for errors, omissions, discrepancies, or design deficiencies. * unknown conditions necessitate * owner’s requirements change * changes in the regulations after issuance of a permit. * time between bid acceptance and contract execution is long. * interpretations of the regulations by AHJs. * product is no longer available. * A new product offers cost savings. * New information about a specified product * difference in actual product cost -vs- specified allowance * quantity of work for unit price is changed. * Unattainable requirements exist CAPG 8.2.1

Question 26

A request for a contract modification can be initiated by\_\_\_\_\_\_\_\_

Answer 26

* owner, * contractor, or * A/E. CAPG 8.2.1.1

Question 27

Methods available to request and make contract document modifications include:

Answer 27

• Change Order • Change Directives  construction change directive (AIA)  work change directive (EJCDC) • Minor Change  architect’s supplemental instructions (AIA)  field order (EJCDC)  written interpretation or clarification (EJCDC) • Written Requests  proposal request  change order request  request for substitutions CAPG 8.2.1.1

Question 28

What is the difference on who issues a Change Order Request versus a Proposal Request?

Answer 28

Proposal Request: Prepared by A/E ……. submitted to Contractor Change Order Request: Prepared by Contractor ……. submitted to Owner (in response to the Proposal Request) CAPG 8.2.1.2

Question 29

The A/E can initiate a proposal request by issuing AIA form:

Answer 29

….AIA G709, Work Changes Proposal Request. CAPG 8.2.1.2

Question 30

….AIA G709, Work Changes Proposal Request. CAPG 8.2.1.2

Answer 30

….the reasons for the proposed change, along with: * itemization for costs of labor, * material, * taxes, * subcontracts, * bonds, * insurance, and * overhead and profit. CAPG 8.2.1.3

Question 31

The change order request should not be confused with:

Answer 31

* a proposal request. CAPG 8.2.1.2 * a substitution request. CAPG 8.2.1.3

Question 32

A substitution request proposes a change of \_\_\_\_\_, \_\_\_\_\_, \_\_\_\_\_, or ______ from the requirements of the contract documents, along with any cost implications.

Answer 32

* manufacturer, * product, * material, or * system CAPG 8.2.1.3

Question 33

Approval of a substitution request should be documented how?

Answer 33

….in a change order. CAPG 8.2.1.3

Question 34

Minor changes in the work may be initiated by:

Answer 34

* the architect’s supplemental instructions, or * the engineer’s field orders, or * another document identified in the contract documents CAPG 8.2.1.4

Question 35

Who has authority to execute a change order?

Answer 35

….only the owner. CAPG 8.2.1.6

Question 36

Change orders may originate by issuance of a:

Answer 36

* change directive, * change order request, or * proposal request. CAPG 8.2.1.6

Question 37

The cost adjustment for a change order may be determined on the basis of:

Answer 37

* stipulated sum * Unit prices * costs plus a fee CAPG 8.2.1.7

Question 38

Where should the A/E stipulate the modification procedures and data required to substantiate claims for extra costs?

Answer 38

….in a Division 01 section of the specifications. CAPG 8.2.1.7

Question 39

After a change order has been issued, the contractor should adjust the:

Answer 39

* schedule of values * construction progress schedule CAPG 8.2.1.7

Question 40

Once a modification has been issued, it should be posted to the:

Answer 40

….A/E’s and the contractor’s sets of the contract documents. ….”record” set of the contract documents. CAPG 8.2.1.10

Question 41

The AHJ could issue a stop work order upon discovering:

Answer 41

….a failure to report code-related changes to the approved “Permit Set.” CAPG 8.2.1.10

Question 42

If the contractor encounters conditions materially different than indicated on the contract documents, the conditions of the contract allow:

Answer 42

….the work to proceed while the contractor and the owner agree on a fair and equitable adjustment. CAPG 8.2.2

Question 43

AIA A201 and EJCDC C-700 state that upon encountering suspected hazardous materials, the contractor shall:

Answer 43

* stop work in the affected area * notify the owner and A/E of the condition. CAPG 8.2.2.1

Question 44

T/F: When hazardous materials are encountered, the contractor is usually required to remove or encapsulate them.

Answer 44

False: A separate specialty contractor is usually employed to remove or encapsulate the hazardous materials CAPG 8.2.2.1

Question 45

T/F: When notified by the contractor of suspected hazardous materials, the A/E will recommend corrective or remedial measures.

Answer 45

False: The A/E will not recommend corrective or remedial measures. CAPG 8.2.2.1

Question 46

When notified by the contractor of suspected hazardous materials, the A/E may recommend that a qualified expert be employed by:

Answer 46

….the owner. CAPG 8.2.2.1

Question 47

The owner is responsible for hazardous materials unless:

Answer 47

….the materials were brought to the site by the contractor. CAPG 8.2.2.1

Question 48

Concealed conditions are conditions that:

Answer 48

* are not documented, or * could not have been observed at the site at the time of the pricing. CAPG 8.2.2.2

Question 49

The observing party of the concealed or changed condition is required to \_\_\_\_\_\_\_\_\_\_\_\_

Answer 49

….promptly give formal notice before the condition is disturbed. CAPG 8.2.2.2

Question 50

Procedures regarding substitutions proposed after execution of the agreement are described:

Answer 50

….in Division 01. CAPG 8.3 Intro

Question 51

Charges for A/E services to evaluate substitutions initiated by the contractor, or to make revisions resulting from a proposed substitution should be:

Answer 51

* addressed in the owner-A/E agreement, and * added to supplementary conditions or Division 01—General Requirements. CAPG 8.3 Intro

Question 52

EJCDC C-700 has a provision that requires _______________ for the engineer’s time in reviewing and evaluating a substitution, whether or not the proposed substitution is approved.

Answer 52

…. the contractor to reimburse the owner CAPG 8.3 Intro

Question 53

Whether or not the A/E may consider substitution requests during the construction stage will be stipulated where?

Answer 53

….in Division 01. CAPG 8.3 Intro

Question 54

Substitutions should not be considered when:

Answer 54

* The substitution request is made as an RFI. * The substitution is indicated or implied on shop drawings * The submitted substitution request has not been reviewed and approved by the contractor. * Acceptance will require substantial revision of contract documents * The substitution request does not include an itemized comparison CAPG 8.3 Intro

Question 55

Work not complying with the contract documents, which include unapproved substitutions, may be:

Answer 55

….considered defective and be rejected. CAPG 8.3 Intro