Exam 4.

Question 1

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

Answer 1

• 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

Question 2

WHAT IS THE ROLE OF THE RAIC?

Answer 2

• 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.

Question 3

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

Answer 3

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

Question 4

NAME 6 MAJORS GROUPS ARE INVOLVED IN THE CONSTRUCTION PROCESS?

Answer 4

• 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)

Question 5

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

Answer 5

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.

Question 6

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

Answer 6

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

Question 7

WHAT ITEMS ARE THE RESPONSIBILITY OF THE CLIENT?

Answer 7

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

Question 8

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

Answer 8

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.

Question 9

WHICH ORGANIZATIONS DEVELOP AND MAINTAIN THE
MASTERFORMAT SPECIFICATION SYSTEM?

Answer 9

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

Question 10

WHAT IS A “MODEL” CODE?

Answer 10

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.

Question 11

BUILDING OFFICIALS ARE AUTHORIZED TO…?

Answer 11

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

Question 12

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

Answer 12

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”

Question 13

What is Mandamus

Answer 13

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.

Question 14

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

Answer 14

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

Question 15

What is an Authority Having Jurisdiction

Answer 15

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.

Question 16

3 ADDITIONAL PROFESSIONAL SERVICES REQUIRED TO SUPPORT AN ARCHITECTURAL PRACTICE

Answer 16

Legal
Accounting
Insurance

Question 17

5 TYPES OF ARCHITECTURAL PRACTICE OWNERSHIP

Answer 17

Sole proprietorships
Partnerships
Corporations
Partnership of corporations
Joint ventures

Question 18

DEFINE “PROFESSIONAL STANDARD OF CARE”

Answer 18

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

Question 19

WHAT IS A “STATUTE OF LIMITATIONS”?

Answer 19

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.

Question 20

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

Answer 20

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.

Question 21

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

Answer 21

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

Question 22

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

Answer 22

False

Question 23

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

Answer 23

• 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

Question 24

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)

Answer 24

Design-Bid-Build

Question 25

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

Answer 25

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.

Question 26

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

Answer 26

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.

Question 27

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

Answer 27

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

Question 28

WHAT IS THE DIFFERENCE BETWEEN CONSTRUCTION MANAGEMENT AND PROJECT MANAGEMENT?

Answer 28

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.

Question 29

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

Answer 29

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)

Question 30

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.

Answer 30

Stipulated Price Contract (CCDC-2 Stipulated Price Contract)

Question 31

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.

Answer 31

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

Question 32

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

Answer 32

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

Question 33

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.

Answer 33

Guaranteed Maximum Price Contract or ‘upset price’ contract ( CCDC-3 Cost Plus Contract with guaranteed maximum price option) (CHOP 2.3.2. pg. 9)

Question 34

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.

Answer 34

Unit Price Contract (CCDC-4 Unit Price Contract)

Question 35

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

Answer 35

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).

Question 36

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?

Answer 36

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.

Question 37

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

Answer 37

a. Specifications b. Larger drawings

Question 38

WHAT ITEMS SHOULD BE INCLUDED IN THE PROJECT MANUAL?

Answer 38

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

Question 39

DESCRIBE THE FIVE STAGES OF A STANDARD TENDERING PROCESS.

Answer 39

- Distribute tender documents - Addenda - Tender closing - Bid Analysis - Contract award

Question 40

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

Answer 40

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

Question 41

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

Answer 41

- 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

Question 42

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

Answer 42

- 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.

Question 43

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

Answer 43

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