Contract Admin Flashcards
(165 cards)
1
Q
How is the Uniform Commercial Code (UCC) important to Interior Design?
A
“governs the sale of goods in the United States and is applicable to the purchase and delivery of furniture and other moveable items”
2
Q
In regard to interior design, what is substantial completion?
A
“the stage when the work or a designated portion of it is sufficiently complete according to the contract documents that the owner can occupy or use the site even though a few minor items may yet need to be finished or corrected”
3
Q
What is involved in generating a fee projection?
A
“the total fee the designer will receive after amounts for profit overhead and other expenses are deducted is allocated to the schedule and to the various staff members who will be completing the project”
4
Q
What is a performance bond?
A
“a statement by a surety company that obligates the surety company to complete construction of the owners project if the contractor defaults”
5
Q
If all bids on a project exceed the owners budget, what four options are available to the owner?
A
“-rebid (or renegotiate) the contract
- authorize an increase in construction costs
- work with the designer to reduce the scope of the project -abandon the project”
6
Q
What are seven of the items the contractor must submit to the owner during project closeout?
A
“-the bonds
- all warranties
- any extra stock of materials
- a set of record drawings
- the certificate of occupancy
- documentation required by the final application for payment
- maintenance contracts and equipment operating instructions”
7
Q
What are four types of written modifications that can be made after the execution of a contract?
A
“-a change order
- an amendment to the contract
- a written order for minor changes in the work
- a written interpretation by the interior designer”
8
Q
How is a negotiated contract different from a bid (or tendered) contract?
A
“a negotiated contract the owner selects a contractor to do the work and the two discuss the cost and terms of the contract in a bid contract several contractors view the contract documents and submit cost proposals”
9
Q
What are six things the interior designer is NOT responsible for during contract administration?
A
“-the means methods or techniques of construction
- safety on the job sites
- fabrication shipment or installation of construction elements or furnishings
- acts or omissions of contractors subcontractors or suppliers
- stopping the work if there are problems
- receipt inspection and acceptance of furniture or fixtures”
10
Q
What is the contract time?
A
“the period from the starting date established in the agreement to the time of substantial completion”
11
Q
At an owners request, a contractor may include alternates in the bid documents. What is an alternate?
A
“a construction item that could at the owners discretion be substituted for a similar item in the base bid to reduce project costs”
12
Q
What is the basic process for getting approval on submittals from subcontractors to suppliers?
A
“-first the submittals is sent to the general contractor who reviews it and then sends it to the interior designer for approval
- if the submittal also requires a review by one of the designer’s consultants it is sent to the consultant for review
- the submittal is then sent back to the contractor who returns it to the party who originally made the submittal”
13
Q
What is a unit price?
A
“a set cost for providing a portion of the construction work that is based on an individual quantity such as per unit or per square foot”
14
Q
What are two common types of construction claims?
A
“-claims for additional timer
-claims for concealed or unknown conditions”
15
Q
What seven types of information are typically included in the instruction to bidders?
A
“-procedures for submitting bids -where to obtain bidding documents
-procedures for opening bidsr
-submittals required with the bidsr
-bidders representation statement
-required bonds
-procedures for issuing addenda and other modifications”
16
Q
How is mediation different from arbitration?
A
“in mediation a neutral third party facilitates an agreement between the disputing parties but the agreement is not binding.in arbitration the third party hears arguments and renders a decision according to specified rules and the decision is binding”
17
Q
What are the six basic components of an owner-vendor agreement (or owner-contractor agreement)?
A
“-the agreement itself “ -the conditions of the contract (general “” supplementary and other)
- the drawings
- the specifications
- all addenda
- all modifications issued after the execution of the agreement”
18
Q
What is an addendum?
A
“a written or graphic document issued by the interior designer before the execution of the contract that modifies or interprets the bidding documents by additions deletions clarifications or corrections”
19
Q
What are six common reasons why a designer might withhold payment to a contractor?
A
“-the work is defective
- the contractor failed to pay the subcontractors
- the contractor has damaged the property of the owner or another contractor
- third party claims have been filed
- evidence exists that the work will not be completed on time
- the contractor failed to conform to the contract documents”
20
Q
Who is responsible for making the acceptance inspection of furniture or fixtures?
A
“the owner is responsible for acceptance inspection of furniture and fixtures (FF&E delivery)”
21
Q
What part of a contract agreement may be used to include unique contract documents that modify General Conditions of the Contract for Construction?
A
“Supplementary Conditions”
22
Q
What form does a vendor or contractor use to request a payment from the owner?
A
“Application for Payment form”
23
Q
What two types of contracts are typically used on large commercial interior design projects?
A
“-construction contract
-contract for furniture fixtures and equipment”
24
Q
What are the interior designers obligations during construction observation?
A
become generally familiar with the progress and quality of the work
- keep the owner informed about the progress of the work -endeavour to guard the owner against defects in the work
- determine in general if the work is progressing in such a way that it is in accordance with the contract documents”
25
What is the purpose of a labor and material payment bond?
"used to guarantee payment for labor and materials on a project if the contractor defaults or otherwise fails to make payments"
26
What is a punch list (known in Canada as a deficiency list)?
"a list of items made by the interior designer during the final inspection. It includes anything that needs to be completed or corrected by the contractor if not in accordance with the contract documents"
27
What is bid security?
"a certified check cashier's check or bid bond requested by the owner to ensure that the successful bidder will fulfill the contract"
28
What are the two common ways to notify prospective contractors that a project is being bid?
"-advertise for bids in local newspapers and trade journals
-send Invitation to Bid forms to prospective bidders"
29
What is a construction change directive?
"a written order prepared by the interior designer directing the contractor to make a change before the owner and contractor have agreed on the amount of adjustment in cost time or both"
30
Who has the authority to stop construction?
"only the owner can authorize stopping construction"
31
What is a change order?
"a form used to authorize a change in contract time contract cost or both made after the execution of the contract. It is generally prepared by the interior designer and must be signed by the designer contractor and owner"
32
What are five of the responsibilities of the owner during furniture installation?
"-providing facilities for delivery unloading and staging -providing a route from the delivery point to the final placement point
- giving a firm schedule to the contractor for unloading facilities
- paying for costs due to the owners failure to conform to the scheduler
- providing security"
33
What are the four primary advantages of negotiating a contract?
"-the owner can use a specific contractor -a realistic project cost is developed from the beginning
- the contractor can assist in reducing the cost of the project
- the contractor can point out potential problems in the design"
34
In regard to interior design, what is an allowance?
"a set amount of money that the interior designer estimates will cover the cost of a particular item (construction or furnishing) when that cost cannot be determined precisely at the time of the bid or negotiated proposal"
35
In regard to interior design, what is a claim?
"a demand or assertion by the contractor or owner seeking payment of money an extension of time or an adjustment or interpretation of the contract terms"
36
What are shop drawings?
"detailed drawings diagrams and other data prepared by a subcontractor or supplier that show exactly how the provider intends to supply and install work to meet the contract requirements. they are submitted to the contractor and interior designer for approval"
37
What are five of the most common variables that can affect the cost of a project when bidding occurs?
"-actual costs to the contractor and subcontractors
- current competitiveness of the market
- project scheduler
- desire of a contractor to get the job
- level of profit required by the contractor"
38
Who has the authority to reject work that does not conform to the contract documents?
"the interior designer can reject work that does not conform to the CD's"
39
What is retainage (also called holdback in Canada)?
"a percentage (usually 10%) of each payment to a contractor or vendor that is withheld by the owner for the purpose of protecting the owner against incomplete or defective work"
40
under what conditions can a contractor propose substitutions during bidding?
"bidders must request written approval for substitutions at least 10 days before bid opening. The request must include documentation showing that the proposal meets the requirements of the contract documents"
41
What does FOB factory" mean?"
"the title for goods purchased is transferred at the factory. The manufacturer pays for loading the goods onto a truck or train and the buyer pays for the transportation costs and is responsible for damage during shipping"
42
What are the five basic activities of project management?
- planning
- monitoring
- coordinating and directing
- documenting
- closing out a project
43
What are liquidated damages?
Moneys paid by the contractor to the owner for every day the contractor is late at completing a project.
44
What is a purchase order?
"a document sent to manufacturer or vendor that lists all the items to be purchased along with prices catalog numbers and shipping information"
45
What do most people perceive when a sound increases by 10 dB?
"when a sound increases by 10 dB most people perceive a doubling in loudness"
46
What is the typical spacing non residential studs and joists?
"16 inches on center"
47
What required at the top of a partition to accommodate deflection of the floor above?
"a slip joint"
48
What is a three-way switch
"a device that allows users to control a light from two different locations"
49
What are four types of fire detection devices?
- photoelectric detectors
- rise-of-temperature detectors
- ionization detectors
- flame detectors
50
What CSI division would contain the specification for doors?
"Division 08 - Openings"
51
What is a proprietary specification?
"the most restrictive kind of specification because it requires the use of specific manufacturers' products"
52
What is a light emitting diode (LED)?
"a semiconductor device that uses solid-stat electronics to create light"
53
What are the two most important variables in controlling sound transmission through a building element?
"mass and stiffness"
54
What is a project manual?
This is a bound book that contains:
- technical construction specifications
- contract forms
- general and supplementary conditions of the contract
- bidding requirements (if used)
- supplemental bid forms (if used )
55
What is an access door?
"an opening used to provide access to mechanical and electrical components behind walls"
56
What is a vent stack?
"a vent pipe that is separate from a soil or waste stack"
57
What is the coefficient of absorption?
"the ratio of sound intensity absorbed by a material to the total sound intensity reaching the material"
58
What is the purpose of a performance specification?
"it shows what results the final construction assembly must achieve without stating exactly what the product must be or what procedures must be followed"
59
In regard to construction drawings, what does an elevation show?
"vertical dimensions and the configurations and finishes of wall surfaces"
60
What is the packing list?
"detailed list of item descriptions and quantities in a shipment that is attached to one of the items shipped"
61
What is the unit of measure for the frequency of sound?
"hertz (Hz) -one cycle per second"
62
What is a dedicated circuit?
"a circuit that contains a single electrical outlet"
63
What is a flight in a stairway?
"a flight is a series of two or more risers between one floor or landing and the next"
64
What are some ways to increase speech privacy in a large space?
"-use highly absorptive ceiling materials
- use space dividers to reduce sound transmission
- create distance between noisy activities
- arrange hard surfaces to minimize reflected sound
- use a well-designed background masking system"
65
What system was created to standardize the organization and writing of specifications and what group developed it?
"The MasterFormat system was developed by the Construction Specification Institute (CSI) and Construction Specifications Canada"
66
What does a typical floor plan show?
"the overall configuration of a building (or portion of an interior under contract). it includes all partitions, doors and other fixed elements and gives dimensions notes and references to elevations and details drawn elsewhere"
67
What type of steel floor roof framing system provides generous space in both directions for pipes, ducts, and conduit?
"this is the primary benefit of an open-web steel joist system"
68
In a large room where is the most effective place to install a sound absorbing material?
"the ceiling is the most effective place"
69
In regard to interior design, what is compartmentation?
"the practice of separating areas of a building with fire-rated construction in order to contain a fire to one area and limit its spread"
70
What type of concrete system is likely to be found where floor to floor heights are kept to a minimum?
"Flat Plate Construction System"
71
The CSI MasterFormat system is divided into three parts. What broad subjects do these three parts cover?
Part 1 - General
Part 2 - Products
Part 3 - Execution
72
What is a sole plate?
"horizontal wood member that serves as the base for the studs in a wood stud partition"
73
Why should post-tensioned concrete slabs never be cut into?
"the tendons are under high stress"
74
What is the ceiling attenuation class (CAC)?
"this is a single number measure of the transmission loss through ceiling tiles between two closed rooms where there is no barrier above the suspended ceiling"
75
What does a design office use to maintain consistency, completeness, and accuracy when writing specifications?
"master specifications or guide specifications"
76
In regards to construction drawings, what is layering?
"the method of placing different information on separate levels in a CAD system when creating a construction drawing"
77
What is a waste stack?
"carries waste other than human waste"
78
What is required from a manufacturer after it recieves a purchase order from the designer?
"confirmation or acknowledgment is required from the manufacturer"
79
What is the unit of measure for sound intensity based on a logarithmic scale ?
"the decibel (dB)"
80
What type of load is created on a building by the force of wind or an earthquake?
"lateral load"
81
What is a winding stairway?
"a type of stairway that has tapered treads that are wider at one end than the other"
82
What is an intumescent material?
"intumescent materials expand rapidly and insulate or fill space to prevent the passage of fire and smoke when exposed to heat"
83
how is the MasterFormat system organized?
"into major subgroups and individual divisions within each subgroup"
84
What are construction drawings?
"These are detailed drawings the contractor uses to construct a project and describe the extent of the work and the locations dimensions and relationships of the various construction elements."
85
What are live loads?
"people furniture and movable equipment"
86
What are five basic ways to control sound transmission through a partition?
"increase the mass provide additional resilience insulate the cavity seal all cracks between construction components provide sealed openings such as doors and windows"
87
What is the purpose of a plumbing trap?
"the plumbing trap holds a quantity of water to provide a seal that prevents gases from the sewage system from entering the building"
88
What are the two major types of concrete structural systems?
"cast-in place and precast concrete structural systems"
89
Which parts of a specification should include requirements for sustainability?
"Division 1 general requirements and in each appropriate technical section"
90
What is a chase wall?
"two runs of studs separated by a space large enough to accommodate pipes"
91
What are joists, and what are they typically made of?
"horizontal repetitive elements used to support floors. typically made from wood members with a nominal width of 2 in"
92
What is the sound transmission class (STC) of a partition?
"this is a single number rating of a partitions ability to reduce sound transmission"
93
What is a ground fault interrupter?
"an electrical safety device that detects small current leaks and disconnects the power to a circuit"
94
What is a title block?
"contains identifying information about the project as well as information specific to that particular sheet"
95
What is a soil stack?
"carries human waste"
96
What is a bill of lading?
"a document that lists the contents of a shipment from a manufacturer or vendor"
97
What is reverberation time?
"the time it takes for the sound level in a space to decrease 60 dB after the source has stopped producing the sound"
98
What does the Certificate of Occupancy (or Use and Occupancy) letter provide?
"a letter issued by the authority having jurisdiction and allows the client to occupy a building or portion of a building after the final inspection"
99
What electrical components are required for switches, outlets, lights, and locations where conductors have been spliced?
"junction boxes are required"
100
What is a stack vent?
"it connects to a soil or waste stack above the highest fixture"
101
What is the noise reduction coefficient (NRC)?
"NRC is a single number average of a material's coefficients of absorption at 250 Hz 500 Hz 1000 Hz and 2000 Hz rounded to the nearest 0.05"
102
What type of specification specifies a proprietary material while still satisfyingr equirements for public bidding?
"a base-bid or approved equal specification"
103
What does reflected ceiling plan show?
"items that are part of the ceiling elements that touch the ceiling and elements that penetrate the ceiling"
104
What is a freight bill?
"invoice from the shipping company"
105
What is a clerestory?
"This is a vertically glazed area placed between two different roof levels to admit natural light"
106
What type of precast structural member is often used to provide support as a beam and as floor decking?
"a precast concrete double-tee"
107
What CSI division would contain the specifications for interior design?
"Division 10 - Specialties"
108
What is a reference standard specification?
"describes the requirements for a product or process based on an accepted authority or test method such as ASTM ANSI or a trade association"
109
What two methods are used to measure speech privacy in open offices?
- articulation class
| - articulation index"
110
What is a core drill?
a small hole with a diameter of 2-4 in drilled through a concrete floor to accommodate conduits for electrical telephone and data wiring
111
In regards to electrical drawings, what is a homeruns?
"graphic element on an electrical drawing that uses arrowheads to indicate that the line joining lights or power outlets is connected to a particular circuit breaker in a particular electrical panel box"
112
What frequency range can be heard by most healthy young people?
range of 20 Hz to 20 000 Hz
113
What is a drop ship order?
Request to ship furniture or other goods to an address different from the address of the company placing the order
114
Bid Bond?
Bid performance bond consisting of a small percentage (1-3 %) of the tender contract price refunded to losers once the contract is awarded.
115
"Enable the owner to claim relief from the surety who underwrites the contractor in the event of the latter's noncompliance with the contract requirements"
Bonds
116
Provided certain extras (bonuses) are built into the project for the benefit of the community. Ex: NYC bldgs provide public plazas or shopping arcades."
Bonus zone- allows possible dispensation from the requirements of the zoning ordinance
117
"private law dealing with the rights and obligations of individuals and corporations in dealing with each other"
Civil Law
118
"In the context of a code adopted by a profession or by a governmental or quasi-governmental organ to regulate that profession an ethical code may be styled as a code of professional responsibility which may dispense with difficult issues of what behavior is ethical.
code of ethics?
119
"the body of Law developed in England primarily from judicial decisions based on custom and precedent unwritten in statute or code and constituting the basis of the English legal system."
Common law
120
"are promises to do or not to do something and the penalty for not following the set conditions is taking back the property by the grantor"
Condition
121
"Permits granted by the zoning authority contrary to an ordinance provided the applicant agrees to fulfill certain conditions. Ex: noise control"
Conditional permits
122
"Insurance relating to contingencies relating to personal injury or property damage resulting from operations on site."
Construction contract Insurance
123
"A written document involving a promise to be fulfilled for a specific payment at a specific time."
Contract
124
"the legally binding rights and obligations of the parties who have made an agreement for a specific purpose."
Contract law
125
Cost plus contract?
"A Cost-plus contract is a contract framed in such a way that when the contractor finishes the agreed-upon work they receive compensation equal to their expenses plus some bonus (which can be either a fixed amount or proportional to the expenses). Even if the contractor suffers cost overruns they will still receive full compensation plus their expected profit. There is little or no direct financial incentive to minimize costs since the contractor will always be fully reimbursed (plus profit) upon contract completion. This is in contrast to a fixed-price contract."
126
"is a promise to do or not do a specific thing"
Covenant
127
"Allows development but limits the development and alerts potential owners that the area is near a known fault area."
Earthquake/seismic zone
128
"An interest in land owned by another that entitles its holder to a specific limited use."
Easement
129
"A body of rules which provides a measure of fairness not always available under statute or common law. It allows additional procedures to be granted in court proceedings."
Equity
130
"Point at which contractor has resolved all items on the punch list and the CA gives go ahead for contractor to receive final payment"
Final completion
131
"When contractor recieves final payment after he supplies certification that all labor wages equipment materials etc have been paid by the contractor to his subs and suppliers"
Final payment
132
Floating and Bonus zones
"Floating zone- located within specific zones to provide flexibility in future development
133
Performance Bond
A contractor may cause a performance bond to be issued in favour of a client for whom the contractor is constructing a building. If the contractor fails to construct the building according to the specifications laid out by the contract (most often due to the bankruptcy of the contractor) the client is guaranteed compensation for any monetary loss up to the amount of the performance bond.
134
"places restrictions on development to allow a governmental entity to evaluate the stability of a particular area."
Geologic study zone
135
"exemption from incurred penalties or liabilities. Security against hurt loss or damage."
Indemnity
136
"A form of encumberance which usually makes property security for payment of a debt or discharged of an obligation."
Lien
137
"A formula specified by the contract documents which provides an agreed method of assessing damages arising from pate completion."
Liquidated damages
138
"restricts development on property and sets it aside for all to benefit"
Open space
139
"To make known by open declaration . To proclaim."
Promulgate
140
"Proprietary indicates that a party or proprietor exercises private ownership control or use over an item of property usually to the exclusion of other parties.
Proprietary
141
"a general liability policy to protect against claims involving injury to persons or damage to property in connection to the architects business or premises. Example: Employee related insurance-workers comp disability medical. Office related insurance- building contents documents criminal loss"
Public liability Insurance
142
"limit the use occupancy of the land"
restrictions
143
"An agreed upon % retained by the owner to ensure contractors continue their work performance until the completion of work."
Retention
144
"When an applicant asks for land to be rezoned because no other option (variance special use permits conditional permits) suits their needs. Difficult and not common as it often would cause hardship to neighbors."
Rezoning
145
"a designated distance provided in the zoning laws which designates the limits of building areas"
setbacks
146
"When more than one party is cited for a tort action on the basis that they share responsibility for the act or omission complained of.In the circumstances these parties may become 'joint tortfeasors'"
Shared liability
147
"A Sole proprietorship is a business which legally has no separate existence from its owner. Hence the limitations of liability enjoyed by a corporation do not apply. All debts of the business are debts of the owner. It is a sole proprietor in the sense that the owner has no partners. A sole proprietorship essentially means a person does business in their own name and there is only one owner. A sole proprietorship is not a corporation it does not pay corporate taxes but rather the person who organized the business pays personal income taxes on the profits made making accounting much simpler. A sole proprietorship need not worry about double taxation like a corporation would have to."
Sole Proprietorship
148
"statutes that provide a specific limited time period for bringing legal action."
Statute of Limitations
149
Statute of limitations
"A statute of limitations is a statute in a common law legal system that sets forth the maximum period of time after certain events that legal proceedings based on those events may be initiated. In civil law systems these provisions are usually part of the civil code or criminal code and are often known collectively as periods of prescription or prescriptive periods."
150
"Liability that exists independently of wrongful intent or negligence. Example: A reservoir flooded a mineshaft on neighboring land and led to a successful claim for damages though no negligence on the part of the reservoir owner was proved."
Strict Liability
151
"when a project is complete and ready for inspection as informed by the contractor. A punch list is made by the LA at this time if necessary"
Substantial completion
152
"One who has become legally liable for the debt default or failure in duty of another."
Surety
153
"a bond guaranteeing performance of a contract or obligation."
Surety bond
154
Surety Bonds
"A surety bond is a contract between at least three parties: (i) the principal (ii) the obligee and (iii) the surety. Through this agreement the surety agrees to make the obligee whole (usually by payment of money) if the principal defaults in its performance of its promise to the obligee. The contract is formed so as to induce the obligee to contract with the principal i.e. to demonstrate the credibility of the principal.
155
Tort Law
"A tort is literally a wrong done by one individual (corporation) to another for which remedy (compensation injunction etc) may be sought in the courts. Examples: Negligence trespass nuisance defamation"
156
"when a party is responsible for the negligent acts of another without necessarily contributing to the negligence. Example: employers responsibility fo the acts of employees in the course of their work. Architects liability for the defective work of consultants."
Vicarious liability
157
Waiver
"A waiver indicates the giving up by one party of right which may prevail over others."
158
Warranties
"Assurances given by parties in respect of their goods and/ or services (ex: roofing) which usually lasts a stated period of time and are legally enforceable."
159
What is a change order?
"A change order is a per-change charge for changes made to an order. This is needed when the client is indecisive about the needed product. To be fair to the product designer a charge per change is assessed before carrying out the modification. The price of modification could serve as a penalty to the client to discourage interactive design and encourage pre-design analysis."
160
What is a contract?
"A legally binding agreement between two or more parties by which rights are acquired by one or more to acts or forbearance on the part of other or others."
161
What is a Performance bond?
"A performance bond is a bond issued by an insurance company to guarantee satisfactory completion of a project by a contractor.
162
What is a punch list?
"The punch list is a list created at the end of the project. It contains a list of items or tasks that need to be repaired or completed. The list is created by the owner and confirmed by the contractor."
163
What is a variance?
"A zoning alternative which enables land to be used for a different purpose than the category stated in the zoning ordinance. To receive a variance applicant must show that
1. ) exceptional circumstances exist
2. ) strict application of the zoning ordinance would result in hardship
3. ) granting of the variance would not be detrimental to the public."
164
Zoning Laws
Regulate the use of property by prescribing what uses land can be put to and by establishing throughout the community.
165
Zoning permit?
"a permit issued by an appropriate governmental authority authorizing land be be used for a specific purpose."
