Domain 1- Fundamentals Flashcards
The Courts will interpret contract documents according to six rules. Name these rules.
1.) Autonomy to Contract
2.) Entire Agreement
3.) Specific takes precedents over General
4.) Trade customs
5.) Practical interpretation
6.) Construction against the Drafter
Interpretation Rule: Contruction against the Drafter
Ambiguous provisions will be interpreted against the party
drafting the provision on the basis that the drafter had
superior knowledge of the subject matter and should have
been more specific or accurate in the preparation of the
provision.
Interpretation Rule: Specific takes precedence over general
When specific information is written, the courts interpret
it as intentional for the work and will be given more
importance than general information or printed provisions.
Interpretation Rule: Autonomy to Contract
Contract law is founded on the principle that two parties
are mutually free to determine the terms of an agreement,
within the bounds of lawful activities, for a specific purpose.
Those who do so are seen as having the capacity to
contract for products or services.
Interpretation Rule: Trade Customs
If the contract documents do not adequately establish the
intentions of the contract provisions, then the court may
rely on the customs and practices of an industry or a trade.
Interpretation Rule: Entire Agreement
When considering questions, the court will search for
the meanings of the words used and the purposes of the
contract provisions. The documents will be interpreted in
an effort to establish the parties’ intentions. If ambiguities
or conflicts are found, other contract documents will be
examined in the effort to find definitions and meanings.
If an issue under consideration is of a technical nature,
the specifications will be examined
Interpretation Rule: Practical Interpretation
Ambiguous provisions will be interpreted by the court
according to the practical meanings placed on them by
the parties to the agreement
What are the 3 basic elements of a contract?
1.) Offer: a proposal by one party (offeror) to do or give something to another party (offeree).
2.) Acceptance: the consenting of the offeree to an offer
3.) Consideration: the reason or material cause of a contract.
(example: in a design contract, the consideration is the preparation of construction documents in return for payment.)
What is an Agreement?
In Design and Construction, the agreement is the written instrument signed by all parties which binds all the other documents enumerated in the agreement into the contract.
Standard of Care
A principle, architects should put into practice: Taking the same course of action as another reasonable and prudent architect or engineer in the same area would have taken under the same circumstances.
How is Professional Negligence defined?
1.) The architect or engineer did not conform to the Standard of Care. (Poor quality of the construction documents or lack of coordination leading to mistakes)
2.) There is a casual connection between the architect or engineer and the damage suffered by the other party.
3.) A legally protected interest of the party has been injured.
What are the 4 C’s of effective communication?
1.) Clear: use proper grammar and simple sentence construction to avoid ambiguity.
2.) Concise: Eliminate unnecessary words, but not at the expense of clarity, correctness or completeness.
3.) Correct: Present information accurately and precisely. Carefully select words that convey exact meaning.
4.) Complete: Do not leave out important information
This responsibility role belongs to?
Initiates the project; assumes the risk; provides funding, control,
and management of the design and construction process;
approves design and construction activities, and acts as the
principal stakeholder. Maybe Private or Public.
Owner
(May include advisors, investors, financial institutions, AHJ, attorneys, insurance companies, real estate agents, project Mangmt. companies, utility companies)
This responsibility role belongs to?
Constructs a project to convert a design into a physical facility.
Includes estimating, scheduling, subcontracting, and overall
project management.
Contractor Team
(may include sub-contractors)
This responsibility role belongs to?
A wide variety of companies that furnish the materials and
products for the project to be constructed; they typically do not
install materials, but may be required to certify installers
or observe installation for complicated work.
Supplier Team
(may include Manufacturer, distributor, fabricator, supplier)
This responsibility role belongs to?
Works with the owner to deliver a facility meeting the owner’s
aspirations and requirements; transforms the owner’s vision from
original concepts and ideas into the documentation required.
Designer Team
(may include architect, engineer, consultants)
Tripartite Relationship
(Ownership, Design, and Construction)
a collection of relationships among three primary, diverse groups that come together for the common purpose of focusing a wide range of talents and abilities on the planning, design, documentation, construction, and management of a project..
Name the 6 stages of CSI’s Facility Life Cycle.
1.) Project Conception
2.) Design
3.) Construction Documents
4.) Procurement
5.) Construction
6.) Facility Management
What is the difference between a Project and a Facility?
A Project describes the process of planning, designing, procuring, contracting, and constructing a facility for delivery to its owner.
A Facility is a completed project as a constructed entity intended for a specific purpose and function.
What is Facility Life Cycle?
The sequence of stages that a project goes through, from the decision to build to taking occupancy for the facility’s intended purpose.
What activities are performed during the Project Conception Phase?
Investigations, Programming, Site Evaluation and Selection, Project Delivery Method selection.
Owner considers Program, Budget and Schedule.
What activities are performed during the Design Phase?
Architect develops Schematic and Design Development drawings, prelim cost estimating, prelim Project descriptions, and outline specifications.
What activities are performed during the Construction Document Phase?
Owner starts the General and Supplementary Conditions.
Architect finalizes details drawings and specifications; Procurement requirements; and more detailed cost estimating.
What activities are performed during the Procurement Phase?
Competitive Bidding/Proposing, and Contract Negotiations; Direct purchase of goods and supplies.
Owner: Solicitation, Instruction to Bidders, Instruction to Proposers, Bid Form, Proposal Form, Agreement; Purchase Orders
Architect: issues Addendums
Contractor: Bid/Proposal and provide Bid security.
