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Scillish CeeCeeCeeAye > Chap 8 - Interpretations and Modifications > Flashcards

Chap 8 - Interpretations and Modifications Flashcards

1
Q

There are two types of modifications: ______

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

CAPG Chap 8 Intro

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2
Q

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

A

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

CAPG Chap 8 Intro

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3
Q

Information should be stated ______

A

… clearly, but only once.
CAPG 8.1 Intro

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4
Q

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

A

…document interpretation or modification will be needed.

CAPG 8.1 Intro

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5
Q

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

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

CAPG 8.1 Intro

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6
Q

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

A

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

CAPG 8.1.1

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7
Q

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

A

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

CAPG 8.1.1

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8
Q

Contract documents usually include the _____________ (6 things)

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

CAPG 8.1.1

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9
Q

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

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

CAPG 8.1.1

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10
Q

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

A

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

CAPG 8.1.1

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11
Q

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

A
  • Interpretation,
  • minor change, or
  • proposal request

CAPG 8.1.1

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12
Q

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

A
  • the owner or
  • the contractor.

CAPG 8.1.2

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13
Q

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

A

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

CAPG 8.1.2

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14
Q

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

A
  • the owner or
  • the contractor.

CAPG 8.1.2

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15
Q

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

A

…. Substitution of

  • product,
  • material, or
  • system

CAPG 8.1.2

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16
Q

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

A

….reasonably inferable from the contract documents.

CAPG 8.1.3

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17
Q

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

A

….partiality to either the owner or the contractor.

CAPG 8.1.3

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18
Q

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

A

….owner’s or contractor’s

CAPG 8.1.3.2

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19
Q

Unresolved claims become __________.

A

…. disputes.

CAPG 8.1.3.3

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20
Q

Contract modifications are required whenever a change will ____________ .

A

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

CAPG 8.2 Intro

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21
Q

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

A

….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

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22
Q

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

A

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

CAPG 8.2 Intro

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23
Q

Contract modifications are not required when:

A

….an RFI does not affect cost or time.

CAPG 8.2 Intro

24
Q

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

A
  • Conditions of the contract, and
  • Division 01

CAPG 8.2.1

25
Q

Contract document modifications may be necessary when:

A
  • 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

26
Q

A request for a contract modification can be initiated by________

A
  • owner,
  • contractor, or
  • A/E.

CAPG 8.2.1.1

27
Q

Methods available to request and make contract document modifications include:

A

• 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

28
Q

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

A

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

29
Q

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

A

….AIA G709, Work Changes Proposal Request.

CAPG 8.2.1.2

30
Q

….AIA G709, Work Changes Proposal Request.

CAPG 8.2.1.2

A

….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

31
Q

The change order request should not be confused with:

A
  • a proposal request. CAPG 8.2.1.2
  • a substitution request. CAPG 8.2.1.3
32
Q

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

A
  • manufacturer,
  • product,
  • material, or
  • system

CAPG 8.2.1.3

33
Q

Approval of a substitution request should be documented how?

A

….in a change order.

CAPG 8.2.1.3

34
Q

Minor changes in the work may be initiated by:

A
  • the architect’s supplemental instructions, or
  • the engineer’s field orders, or
  • another document identified in the contract documents

CAPG 8.2.1.4

35
Q

Who has authority to execute a change order?

A

….only the owner.

CAPG 8.2.1.6

36
Q

Change orders may originate by issuance of a:

A
  • change directive,
  • change order request, or
  • proposal request.

CAPG 8.2.1.6

37
Q

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

A
  • stipulated sum
  • Unit prices
  • costs plus a fee

CAPG 8.2.1.7

38
Q

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

A

….in a Division 01 section of the specifications.

CAPG 8.2.1.7

39
Q

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

A
  • schedule of values
  • construction progress schedule

CAPG 8.2.1.7

40
Q

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

A

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

CAPG 8.2.1.10

41
Q

The AHJ could issue a stop work order upon discovering:

A

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

CAPG 8.2.1.10

42
Q

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

A

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

CAPG 8.2.2

43
Q

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

A
  • stop work in the affected area
  • notify the owner and A/E of the condition.

CAPG 8.2.2.1

44
Q

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

A

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

CAPG 8.2.2.1

45
Q

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

A

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

CAPG 8.2.2.1

46
Q

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

A

….the owner.

CAPG 8.2.2.1

47
Q

The owner is responsible for hazardous materials unless:

A

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

CAPG 8.2.2.1

48
Q

Concealed conditions are conditions that:

A
  • are not documented, or
  • could not have been observed at the site at the time of the pricing.

CAPG 8.2.2.2

49
Q

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

A

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

CAPG 8.2.2.2

50
Q

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

A

….in Division 01.

CAPG 8.3 Intro

51
Q

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

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

CAPG 8.3 Intro

52
Q

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.

A

…. the contractor to reimburse the owner

CAPG 8.3 Intro

53
Q

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

A

….in Division 01.

CAPG 8.3 Intro

54
Q

Substitutions should not be considered when:

A
  • 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

55
Q

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

A

….considered defective and be rejected.

CAPG 8.3 Intro

Scillish CeeCeeCeeAye (14 decks)

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