Contract Administration Flashcards

1
Q
  1. With regard to letters of assurance what is the purpose of:
A

a. Schedule A: Conformation of commitment by owner and coordinating registered professional
b. Schedule B: Assurance of professional design and commitment for field review
c. Schedule C-A: Assurance of coordination of professional field review
d. Schedule C-B: Assurance of Professional field review

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2
Q
  1. Field Reviews are a very important component of the design professional’s duties. 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.
A

a. Responding to contractor questions: Too slow and the contracto may stop work until you answer
b. Issuance of payments: ensure that you renew and confirm the work done by contractor for proper payment.

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3
Q
  1. Is there a fundamental difference in the way changes to the contract are administered in a CCDC and MMCD contract. Explain?
A

Yes, CCDC contracts require formal change orders, whereas MMCD contracts allow for more flexibility to make changes

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4
Q
  1. Describe the constant tension that a consultant to the owner is under while performing his/her duties as a contract administrator
A

a. To ensure the owners view is well represented and that the project remains on time and budget. Consultant must act in fairness and hold safety above all

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5
Q
  1. On a construction project what are the three main sources that define the scope of responsibilities and liabilities of the design professional?
A

a. the contract between the design professional and the owner for professional services;
b. the contract between the owner and the general contractor (e.g. CCDC2 2020), which describes the role of the Consultant under that contract, and sets out the procedures to be employed in the administration of the contract; and
c. any Letters of Assurance executed by the design professional

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6
Q
  1. Define what your understand to be “Field Review”
A

a. Consists of a periodic review of the construction to check with conformity with the design. Cannot guarantee that all deficiencies will be identified.

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7
Q
  1. 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?
A

a. He/she must proved that field reviews were completed at the critical phases of the work and that all essential components and vital aspects of the work were inspected

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8
Q
  1. When are letters of assurance required?
A

a. Required before construction when the roles and responsibilities of registered professionals are needed to be cleary defined.

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9
Q
  1. List three recommendations that you consider would minimize the design professional’s exposure to liability while administering construction contracts.
A

a. Record in detail his observations and instructions given during a field review.
b. Distribute the written field review to the contractor and owner.
c. Diligently follow up on all deficiencies identified

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