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ExAC > Exam 4. > Flashcards

Exam 4. Flashcards

1
Q

WHAT ROLES DO THE PROVINCIAL ARCHITECTURE ASSOCIATIONS PLAY IN THE REGULATION OF ARCHITECTS?

A
  • Set eligibility criteria for becoming and architect.
  • Set conduct regulations for architects.
  • Investigate and adjudicate allegations of professional misconduct.
  • Discipline an architect it judges to be guilty of misconduct
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2
Q

WHAT IS THE ROLE OF THE RAIC?

A
  • Act as national forum.
  • Provide practice support and leading-edge professional development for architects.
  • Disseminate leading work in the field.
  • Encourage critique and debate.
  • Recognize excellence.
  • Facilitate communication among the professional associations and link the profession at the local level to a national and international network.
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3
Q

WHAT ARE THE 3 MAJOR SUB-SECTORS OF THE CONSTRUCTION INDUSTRY?

A
  • Residential construction
  • Institutional, commercial, and industrial construction.
  • Engineering (or heavy civil) construction.
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4
Q

NAME 6 MAJORS GROUPS ARE INVOLVED IN THE CONSTRUCTION PROCESS?

A
  • Owners (public or private sector)
  • Designers
  • Constructors including general contractor and trade contractors.
  • Manufacturers and suppliers
  • Trades
  • Bonding and insurance companies
  • Other
    (CHOP 1.2.1. pg. 2-3)
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5
Q

WHAT IS THE CCDC AND WHAT IS IT’S ROLE?

A

The Canadian Construction Documents Committee which includes:
Association of Canadian Engineering Companies, Canadian Construction
Association, Construction Specifications Canada, RAIC, “owners”
representatives, and representative of the legal profession.
To periodically revise, update or draft new standard forms of contract
and other national, standard guides and documents, for general use
by the construction industry in both the public and private sectors
throughout Canada.

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6
Q

WHAT 3 THINGS SHOULD ALWAYS BE INCLUDED IN THE CLIENT-ARCHITECT AGREEMENT?

A

Services provided.
- Fee for the services.
- Various terms and conditions which govern the agreement
(including client responsibilities).

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7
Q

WHAT ITEMS ARE THE RESPONSIBILITY OF THE CLIENT?

A
  • Program or design brief.
  • Construction budget.
  • Required information, surveys, reports, and other specialist professional services.
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8
Q

WHICH ENGINEERS SHOULD BE RETAINED DIRECTLY BY THE
CLIENT (AND NOT THE ARCHITECT) AND WHY?

A

Geotechnical and environment remediation engineers and certain
other specialists (such as land surveyors) should be retained
directly by the client because architectural professional liability
insurance policies do not typically cover these services.

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9
Q

WHICH ORGANIZATIONS DEVELOP AND MAINTAIN THE
MASTERFORMAT SPECIFICATION SYSTEM?

A

Construction Specifications Canada (CSC) and
the Construction Specifications Institute (CSI) in the U.S.

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10
Q

WHAT IS A “MODEL” CODE?

A

A “model” document only which must be adopted provincially in
order to come into effect.
Ex: The National Building Code, The National Fire Code, The National
Fire Code, The National Farm Building Code, The National
Housing Code, The Model National Energy Code of Canada for
Buildings.

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11
Q

BUILDING OFFICIALS ARE AUTHORIZED TO…?

A
  • Issue compliance orders.
  • Stop work until corrections have been made.
  • Lay charges in the case of serious infractions.
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12
Q

IN THE CONTEXT OF THE CONSTRUCTION INDUSTRY, WHAT IS AN INJUNCTION? PROVIDE AN EXAMPLE.

A

An injunction is sought when a public body applies to the court for an order restraining a private individual or other body from
violating an applicable law. In the construction industry, it is often applied to stop an individual or company from constructing a building contrary to regulations, codes, or bylaws.
Ex: “Stop work order”

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13
Q

What is Mandamus

A

A LEGAL PROCEDURE WHEREBY A CLIENT MAY APPLY TO THE COURT FOR AN ORDER DIRECTING A PUBLIC BODY TO EXERCISE A PUBLIC DUTY, SUCH AS THE ISSUANCE OF A BUILDING PERMIT.

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14
Q

PROVINCIAL LEGISLATION GOVERNS WHO IS RESPONSIBLE FOR CONSTRUCTION SAFETY, AND THIS MAY OR MAY NOT BE THE CONTRACTOR. TRUE OR FALSE?

A

True.
In some instances, and in certain jurisdictions, the owner may be considered the “constructor” and is therefor responsible forconstruction safety.

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15
Q

What is an Authority Having Jurisdiction

A

A BODY HAVING POWER UNDER A STATUTE TO PASS REGULATIONS TO DIRECT, SPECIFY, AND GOVERN ELEMENTS OR ACTIVITIES OF CONSTRUCTION PROJECTS SUCH AS SAFETY, HEALTH, OR STANDARDS OF MANUFACTURE OR INSTALLATION; A GOVERNMENT BODY RESPONSIBLE FOR THE ENFORCEMENT OF ANY PART OF THE BUILDING CODE, OR THE OFFICIAL OR AGENCY DESIGNATED BY THAT BODY TO EXERCISE THAT FUNCTION.

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16
Q

3 ADDITIONAL PROFESSIONAL SERVICES REQUIRED TO SUPPORT AN ARCHITECTURAL PRACTICE

A

Legal
Accounting
Insurance

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17
Q

5 TYPES OF ARCHITECTURAL PRACTICE OWNERSHIP

A

Sole proprietorships
Partnerships
Corporations
Partnership of corporations
Joint ventures

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18
Q

DEFINE “PROFESSIONAL STANDARD OF CARE”

A

The degree of care ans skill that would be rendered by reasonably competent architects under the same circumstances and in the same geographical location

19
Q

WHAT IS A “STATUTE OF LIMITATIONS”?

A

Statutes of limitations usually provide a time limit when a claim (or negligence) can be made.

These laws indicate the number of years after which no legal proceeding may be undertaken following a date when the damage (or negligent act) was discovered or ought to have been discovered. No time limitation applies to recognition of damage (or negligence) in the life of a building. In other words, professional liability for each and every project remains with the architect for life.

20
Q

WHAT STEPS CAN AN ARCHITECT TAKE TO REDUCE THE RISK OF LATE PAYMENT OR NON-PAYMENT OF INVOICES?

A

Obtain a retainer of 5-10% the total fee
- Ensure that the client-architect agreement includes terms and conditions that include the right for the architect to stop rendering
services in the event of non-payment of fees
- Issue invoices regularly (twice a month or weekly)
- Include a statement of interest on overdue accounts
- Separate the fees for professional services from reimbursable expenses.
- Be aware of provincial lien legislation, particularly for different time limitations for filing a lien for a contractor.

21
Q

AN ARCHITECT SHOULD NEVER WARRANT OR GUARANTEE ANY ASPECT OF PROFESSIONAL SERVICES. TRUE OR FALSE?

A

True.
Doing so increases liability and is not included in liability insurance.
Example contract clauses to look out for:
Architect will guarantee construction cost estimate.
Architect will guarantee building permit will be issued

22
Q

TOTAL CONSTRUCTION COST INCLUDES THE LAND COST AND LAND DEVELOPMENT CHARGES. TRUE OR FALSE?

A

False

23
Q

NAME SIX COMMON TYPES OF CONSTRUCTION PROJECT DELIVERY USED IN CANADA AND THEIR
STANDARD FORM OF CONTRACT.

A
  • Stipulated price contract or Design Bid Build / CCDC-2 Stip. Price.
  • Construction Management / CCDC 5a and 5b
  • Design-Build / CCDC 14 and CCDC 15
  • Time and Materials / CCDC-3 Cost Plus Contract
  • Maximum Upset Price / CCDC-3 Cost Plus Contract
  • Public Private Partnerships (P3s) / No standard form of contract
24
Q

Which method of project delivery is characterized by the architect and contractor having separate contractual relationships with the owner, (ARCH to provide contract admin for Owner - contractor contract)

A

Design-Bid-Build

25
Q

WHAT ARE THE ADVANTAGES AND RISKS OF THE
DESIGN-BID-BUILD PROJECT DELIVERY METHOD?

A

A - Widespread use
A - Clear roles for each party
A - Generally a transparent process
A - Resolution of program and design requirements prior to construction
A - Direct relationship between client and architect
A - Known price before construction
R - Separation of design and construction
R - Contractor is unknown during construction documents phase
R - Contracts are awarded to the lowest bidder who may not be well qualified
to do the work.

26
Q

WHAT ARE THE ADVANTAGES AND RISKS OF THE
CONSTRUCTION MANAGEMENT PROJECT DELIVERY METHOD?

A

A - Direct contractual relationship with owner.
A - Construction advice during the design phase.
A - Opportunity to call bids sequentially, thus saving time by permitting a start to construction before all documents have been completed.
A - Careful monitoring of costs and schedule.
R - Construction usually starts before total costs are known
R - Additional consultant (CM) adds costs and time.
R - Roles are more complex/less traditional
R - Direct communication between owner/architect and architect/contractor
may be difficult.
R - the owner is the constructor and may not want to take responsibility for construction safety.

27
Q

WHAT ARE THE ADVANTAGES AND RISKS OF THE
DESIGN-BUILD PROJECT DELIVERY METHOD?

A

A - One contract with owner (one point of primary responsibility) - efficient
A - Contractor is engaged before the design is complete
- Cost benefit analysis is addressed early in the design process.
- Immediate feedback is received from the contractor on design options.
A - Team approach is reinforced.
R - Responsibility for design approvals shifts from owner to design-builder
R - Decisions by Design-Builder may be based more on initial cost rather than on design or long term value.
R - The cost is determined before the design is complete.
R - Architects role as leader of the design team is reduced.
R - Less direct communication between architect and owner/building users

28
Q

WHAT IS THE DIFFERENCE BETWEEN CONSTRUCTION MANAGEMENT AND PROJECT MANAGEMENT?

A

A Project Manager has a contract with a client and in turn employs the architectural and engineering consultants to form his/her group.

In Construction Management the owner engages the architectural and engineering consultants, and at the same time or shortly thereafter engages a Construction Manager.

A Project Manager is usually hired during the pre-design phase to manage the
entire project.

29
Q

WHAT IS ‘SEQUENTIAL TENDERING’ AND WHAT ARE ITS ADVANTAGES AND RISKS?

A

Bids can be called sequentially, before all the contract documents have been completed.

This can save time but loss of control over final cost due to unstable construction market is a risk.
(CHOP 2.3.2. pg. 3)

30
Q

NAME THE TYPE OF CONSTRUCTION CONTRACT:
PRICE IS ESTABLISHED THROUGH BIDDING AND THE SUCCESSFUL CONTRACTOR IS PAYED A FIXED PRICE FOR THE COMPLETED CONSTRUCTION. THE CONTRACTOR MUST PERFORM WORK CALLED FOR IN THE CONTRACT, REGARDLESS OF WHAT IT ACTUALLY COSTS.

A

Stipulated Price Contract
(CCDC-2 Stipulated Price Contract)

31
Q

NAME THE TYPE OF CONSTRUCTION CONTRACT:
THE OWNER DEALS WITH ONE SINGLE BUSINESS ENTITY,WHICH ARRANGES TO PROVIDE BOTH DESIGN SERVICES AND CONSTRUCTION OF THE PROJECT UNDER ONE CONTRACT.

A

Design Build Stipulated Price Contract
(CCDC-14 Design Build Stipulated Price Contract)

32
Q

NAME THE TYPE OF CONSTRUCTION CONTRACT:
THE CONTRACTOR IS COMPENSATED FOR THE ACTUAL COST OF THE WORK, PLUS A FEE.

A

Cost Plus Contract (percentage or fixed fee) or ‘time and materials’
(CCDC-3 Cost Plus Contract)

33
Q

NAME THE TYPE OF CONSTRUCTION CONTRACT:
THE CONTRACTOR IS COMPENSATED FOR THE ACTUAL COST OF THE WORK, PLUS A FEE WITH AN AGREED UPON MAXIMUM PRICE.

A

Guaranteed Maximum Price Contract or ‘upset price’ contract
(
CCDC-3 Cost Plus Contract with guaranteed maximum price option)

(CHOP 2.3.2. pg. 9)

34
Q

NAME THE TYPE OF CONSTRUCTION CONTRACT:
THE CONTRACTOR IS PAID A PRE-DETERMINED PRICE (DERIVED THROUGH BIDDING OR NEGOTIATION) FOR EACH UNIT OR QUANTITY OF WORK OR MATERIAL USED IN THE PROJECTS CONSTRUCTION.

A

Unit Price Contract
(CCDC-4 Unit Price Contract)

35
Q

WHAT IS THE DIFFERENCE BETWEEN COST PLANNING AND COST CONTROL AND HOW DO THEY CORRESPOND TO THE VARIOUS STAGES OF A PROJECT?

A

Cost planning generally involves the preparation of construction cost estimates, whereas cost control is the monitoring of these
construction costs. Cost planning generally occurs during pre-design and schematic design
phases; some cost planning during design development.
Cost control occurs during the later phases (design development,
contract documents, bid/contract award, construction, take-over and
post-construction).

36
Q

IF THE LOWEST BID EXCEEDS THE CONSTRUCTION COST ESTIMATE BY 5%, THE ARCHITECT SHALL MODIFY THE CONSTRUCTION DOCUMENTS TO REDUCE THE CONSTRUCTION COST FOR NO ADDITIONAL FEE.
TRUE OR FALSE?

A

False,
If the lowest bid exceeds the construction cost estimate by 15%, the architect shall modify the construction documents to reduce the construction cost for no additional fee.

37
Q

IN CCDC-2 WHICH DOCUMENT GOVERNS IN THE CASE OF A DISCREPANCY:
A. DRAWINGS OR SPECIFICATIONS
B. LARGER DRAWINGS OR SMALLER DRAWINGS

A

a. Specifications
b. Larger drawings

38
Q

WHAT ITEMS SHOULD BE INCLUDED IN
THE PROJECT MANUAL?

A

bidding requirements
- contract forms
- contract conditions
- specifications
(CHOP 2.3.8. pg. 1)

39
Q

DESCRIBE THE FIVE STAGES OF A STANDARD TENDERING PROCESS.

A
  • Distribute tender documents
  • Addenda
  • Tender closing
  • Bid Analysis
  • Contract award
40
Q

NAME AND DESCRIBE THREE COMMON TENDER METHODS FOR SELECTING A GENERAL CONTRACTOR FOR A CONSTRUCTION PROJECT.

A

Open competitive bids (sometimes called public tender)
- Invited competitive bids (sometimes called invited tender)
- Direct selection

41
Q

IN THE CONTEXT OF THE CONSTRUCTION INDUSTRY, WHAT IS A ‘BOND’?

A
  • An instrument which permits a contractor to provide an owner with a guarantee from a bonding company, known as a surety.
  • Bonds are a useful means of ensuring responsible contract performance and financial security.
  • A bond is not an insurance policy but instead a three-party undertaking whereby the surety agrees to indemnify the owner
    against loss arising from the failure of the contractor to perform obligations under contract.
  • See: CCDC 22 A Guide to Construction Surety Bonds
42
Q

NAME AND DESCRIBE THREE BONDS THAT
ARE OF PARTICULAR IMPORTANCE FOR
CONSTRUCTION CONTRACTS.

A
  • Bid Bond - If the bid is accepted within the time period stated, the contractor will enter into a formal contract with the owner. If the contractor fails to enter into the contract, the surety will guarantee - up to the amount of the bid bond
  • to pay the difference in money between the contractor’s bid and the amount to which the owner legally contracts with another contractor.
  • Performance Bond - the function of the performance bond is to indemnify the owner up to the amount of the bond in the event of default (bankruptcy or insolvency) on the part of the contractor.
  • Labor and materials payment bond - guarantees that claimants (subcontractors, sub-trades, suppliers) will be paid for labor and materials provided to the contractor for use on the project identified in the bond.
43
Q

WHAT IS THE ROLE OF THE ARCHITECT AND THE CLIENT DURING THE BID ANALYSIS PHASE?

A

The architect is responsible for reviewing and analyzing the bid and reporting this to the client. The client selects the successful bidder.

44
Q
A

ExAC (8 decks)

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