Construction Observation and Administration

Question 1

Who reviews submittals in a CMa project delivery method?

Answer 1

CM and A

Question 2

Who prepares change orders and construction change directives in a CMa project delivery method? Who must sign the change orders?

Answer 2

CM prepares

O/A/C + CM sign

Question 3

Who reviews RFIs in a CMa project delivery method?

Answer 3

CM reviews and forwards to A with CM’s recommendations. A issues any supplemental drawings and specs required.

Question 4

Through whom do O/C communicate during construction in a CMa project delivery method?

Answer 4

through CM with copies to A

Question 5

What are 2 important meetings during CA?

Answer 5

1. Preconstruction conference

2. Project meetings (OAC meetings)

Question 6

How often does A visit the site during construction? Who decides how often A visits the site? What factors help determine frequency of A site visits?

Answer 6

At intervals appropriate to the stage of construction.

A decides based on:

• size and complexity of project
• type of construction contract used
• exact schedule of construction operations

Question 7

What are 3 purposes of A’s site visits?

Answer 7

1. to become generally familiar with the progress and quality of work & keep O informed
2. to endeavor to guard O against defects and deficiencies in the work
3. to determine if the work is progressing in such a way that it will be in accordance with contract documents

Question 8

What is the form which A should use to make notes of observations from site visits?

Answer 8

Field report: AIA G711 Architect’s Field Report

Question 9

What are 2 situations in which work may need to be uncovered?

Answer 9

1. a portion of the work has been covered contrary to A’s request or to specific requirements in the contract documents
2. A has not specifically made a request to view a portion of the work that has already been covered

Question 10

If the uncovered work does conform to contract, who pays the cost?

Answer 10

Owner

Question 11

If the uncovered work does not conform, who pays the cost?

Answer 11

Contractor

Question 12

Who/what can require field tests?

Answer 12

Laws/regulations/code
Building departments
Contract documents

Question 13

If testing is required by the contract documents, who:

• is responsible for arranging the testing agencies?
• pays for the test
• who must be given notice so they can observe the test?

Answer 13

Contractor arranges and pays for required tests.

Contractor must give Architect notice so A can come and observe.

Question 14

If O/A or public authorities require testing beyond what is required in the contract documents, then:

• how is the testing arranged?
• who pays for the test?

Answer 14

• A instructs C to arrange for testing AFTER obtaining written authorization from O
• Owner pays for costs of testing

Question 15

If testing is required by IBC, then:

• how is testing arranged?
• who pays for the cost?

Answer 15

• A is required to develop a Statement of Special Inspections and submit to the code official for review and approval
• O (or A as O’s agent) must engage a qualified independent special inspections firm (not C) to do the work
• A must submit the results of inspections/testing to the code official for evaluation and approval
• O pays for the cost

Question 16

If testing shows that a portion of the work does not conform to contract documents, then who pays for the cost to correct the problem?

Answer 16

Contractor

** this includes additional testing and compensation for A’s services related to the issue

Question 17

If E204 Sustainable Projects Exhibit is used, who registers the project with the certifying authority and submits application for sustainability certification to the certifying authority?

Answer 17

Architect

Question 18

If E204 Sustainable Projects Exhibit is used, what should A notify Owner of in field report?

Answer 18

Any deviations from construction documents that may impact the sustainability measures or objective.

Question 19

What are 3 causes for an accelerated schedule?

Answer 19

1. Directed acceleration: Owner instructs C to accelerate work and agrees to pay additional costs through a change order
2. Voluntary acceleration: C decides to accelerate work because:
   - work has fallen behind original schedule
   - C is trying to collect a bonus for finishing early
   - C wants to move personnel to another job
3. Constructive acceleration: a situation occurs that causes an excusable or unavoidable delay (weather, deliveries, change orders, etc), but acceleration is not required by O/C
   - C must determine how to accelerate work to meet the project deadline
   - C may choose to file a claim for damage is extra time is warranted but not given, and C had to incure extra expenses to complete work on time

Question 20

How often does C receive payment from O?

Answer 20

Monthly

Question 21

How and when does C initiate payment?

Answer 21

Submits to A a notarized application for payment at least 10 days before payment date established in O/C agreement

Question 22

What should the application include?

Answer 22

• Value of work (labor & materials) completed to date

- Value of materials purchased and in acceptable storage but not yet incorporated into the work

Question 23

What does Architect’s certification of application for payment mean?

Answer 23

It is confirmation by A that the work has progressed to the point indicated and that, to the best of A’s knowledge, information, and belief, the quality of work is in accordance with the contract documents.

Question 24

Amount due to C is based on what factors?

Answer 24

+ the portion of the contract sum properly allocable to the work completed and to any materials/equipment that have been purchased and store on site for later use
+ portion of construction change directives that A determines to be reasonably justified
- amount is reduced any payments already made
- amount is reduced by any amount for which C does not intend to pay a subcontractor of material supplier, unless the work has been performed by others and the contractor does intend to pay
- Retainage

Question 25

What is retainage? Until when is it withheld?

Answer 25

a percentage of each payment (usually 10%) that is withheld until final completion

Question 26

When can A withhold payment? What are 7 situations of this?

Answer 26

If A cannot represent that amount of work done or materials stored is in conformance with the application. This is done to protect the Owner. examples: - defective work not remedied - repeated failure of C to carry out work in accordance with contract documents - damage to O or separate contractor - reasonable evidence that work cannot be completed for the unpaid balance of the contract sum - reasonable evidence that work will not be completed on time and the unpaid balance will not be sufficient to cover damages due to delay - third party claims - known failure of C to make payment to subcontractors

Question 27

When can C notify A in writing that the work is ready for final inspection and final application for payment?

Answer 27

After the final punch list inspection

Question 28

Before final certificate may be released, C must submit to A the following 5 items:

Answer 28

- Affidavit stating payrolls, materials, and debts for which O might be responsible have been paid - Certificate showing insurance required by contract documents will not be cancelled or allowed to expire without at least 30 days notice to O - Written statement that C knows of no reason that insurance will not be renewable - Consent of surety to final payment (if applicable) - Any other data required by O that establishes evidence of payment of obligations, such as releases and waiver of liens

Question 29

In a construction change directive, what 3 methods can A use to determine the adjustment in cost? What if C disagrees with the cost change?

Answer 29

1. lump sum, properly itemized and mutually accepted 2. unit prices previously agreed to in the specs 3. costs determined by mutual agreement on a fixed price or percentage fee As provided per A201 in the case that C disagrees with cost change, A determines cost adjustment based on evaluation of reasonable expenditures for additional labor and materials required, calculated savings for deleted work, costs of workers’ benefits, equipment rentals, supplies, bond/insurance premiums, field supervision, permit fees, reasonable contractor profit

Question 30

What is the process of a change order?

Answer 30

1. Any of the parties may suggest a change order, but most often A submits proposal request to C, accompanied by supporting drawings/docs 2. C submits a quotation of price and time to change to A for review 3. A evaluates and recommends approval, modification, or rejection of proposal to Owner 4. Owner makes final decision

Question 31

What 3 things does the Contractor review submittals for?

Answer 31

1. verifying field measurements 2. checking materials 3. Coordinating other construction criteria

Question 32

What does A review submittals for?

Answer 32

conformance to contract documents in terms of design

Question 33

What is the difference between an Action and Information submittal?

Answer 33

Action submittal: requires A’s review and approval before the product may be used on the project Information submittal: do not require a response from the architect

Question 34

How is submittal review time determined?

Answer 34

1. A201 requires C to prepare a schedule of submittals that allows A reasonable time to review 2. In the submittals sections of specifications Division 01, A indicates the procedure for making submittals, including time C must allow for review

Question 35

What are the 4 ways A can mark a submittal?

Answer 35

Approved Approved as corrected Revise and Resubmit Rejected = material/product is not suitable for use on the project

Question 36

If C fails to correct nonconforming work, what is the Owner's rights?

Answer 36

- O may order C to stop work until issue is resolved | - O has the right to carry out the work if C fails to do so correctly and to charge the cost to C

Question 37

What are the two cases in which nonconforming work may be accepted? How must the Architect and Contractor document each?

Answer 37

1. There are cases in which nonconforming work does not conform to the design intent or requirements of contract documents, yet may be acceptable by A in terms of appearance, functionality, and quality - A may accept nonconformity with approval from O - A must document accepted nonconformity on field report 2. There are cases in which nonconforming work is not acceptable to A, but is acceptable to O. - O has final authority to accept the deviation - A must document difference as nonconforming on certificate of sbstantial completion - C must document deviation on as-builts

Question 38

If an accepted deviation is less expensive than original, then... If an accepted deviation is more expensive than original AND due to C’s error or was made without O’s approval, then...

Answer 38

O has the right to request a credit for the difference. C pays the cost.

Question 39

What is a claim?

Answer 39

a demand or assertion by O or C seeking: - payment of money, - an extension of contract time, - an adjustment or interpretation of contract terms, or - other relief from terms of the contract

Question 40

What are 2 common reasons for claims?

Answer 40

1. Claims for additional time (ie weather) 2. Claims for concealed or unknown conditions Must meet 2 criteria to be valid: - They must be subsurface in nature or otherwise physically concealed, causing the site to differ from what is shown on contract documents - They must be of an unusual nature that is different from what would ordinarily be found

Question 41

Within what time period must claims be made?

Answer 41

Claims must be made within 21 days from occurrence of what prompted the claim or after person making the claim first recognized the problem

Question 42

when using an IDM, how long does an IDM have to take action after receiving a claim? What are the 6 ways in which an IDM may respond?

Answer 42

10 days to: 1. Requesting additional documentation/evidence 2. Suggest a compromise 3. Accepting the claim 4. Reject claim 5. Advising both parties IDM is unable to resolve because of lack of sufficient information 6. Advising both parties that it would be inappropriate for IDM to resolve the claim

Question 43

If IDM asks O/C to respond to a claim or provide additional info, in what period of time must O/C must respond? What are the 3 ways O/C may respond?

Answer 43

10 days to: 1. Give information 2. Tell IDM when info will be furnished 3. Tell IDM that no supporting evidence will be furnished

Question 44

IS approval or rejection of a claim by IDM final and binding?

Answer 44

Yes, but it is subject to mediation and binding dispute resolution (arbitration or litigation)

Question 45

If the dispute cannot be solved by IDM, O/C must try to resolve through ______ before arbitration or litigation?

Answer 45

Mediation

Question 46

In mediation, what is the mediators goal?

Answer 46

Mediator facilitates a discussion between the parties to guide parties toward reaching their own settlement (Mediator is not a judge)

Question 47

Is mediation binding?

Answer 47

No.

Question 48

In arbitration, can decisions be repealed?

Answer 48

No.