Contract Admin Flashcards
With regards to letters of assurance (LOA) what is the purpose of
Schedule A – confirmation of commitment by owner and registered professional Schedule B – assurance of professional design and commitment for field reviews
Schedule C-A – assurance of coordination of professional field review
Schedule C-B – assurance of Professional Field Review & Compliance
When are Letters of Assurance required?
before the building permit is issued.
Describe the constant tension that a consultant to the owner is under while performing his duties as a contract administrator.
The consultant must act in fairness and put safety above all, even if it’s not siding with the owner.
On a project, what are the 3 main sources that define the scope of responsibilities and liabilities of the design professional?
■ The contract between design professional and owner
■ The contract between general contractor and owner
■ Letters of assurance completed by design professional
Define what you understand to be a “Field Review”.
Design professionals need to be on site and witness critical phase of the construction. They must be willing to sign a LOA indicating that they approve that construction activities are following the contract.
The number of field reviews to be performed is left up to the design professional to decide. However, if challenged in court that insufficient field reviews were undertaken what will the design professional need to prove? How will he/she back up his/her claim?
He needs to prove that he was present during critical phases of the work and that he reviewed all the necessary aspects of the work. He can back up these claims by showing the court pictures taken onsite, any documentation and the logbook.
7) There are other duties that the design professional must perform for which he can be held liable if performed negligently. List and describe 2 additional duties the design professional is responsible for and in each case describe with the use of an example how poor performance of these duties could result in the design professional being held liable.
■ Respond in a timely manner to contractor if they have concerns.
■ Review and release payments to the contractors for work done.
8) List three recommendations that you consider would minimize the design professional’s exposure to liability while administering construction contracts.
■ Always be specific and clear in contracts to avoid misunderstanding.
■ Do not communicate to bidders before the contract is awarded.
■ Don’t have too many conditions/additions to the contract as this could be difficult for bidders to read & understand.
