General Conditions

Question 1

Article 15

Answer 1

Claims and Disputes
Must follow the guidelines stipulated in the contract and the conditions

Question 2

Article 14

Answer 2

Termination or Suspension of the Contract

Question 3

Article 13

Answer 3

Miscellaneous Provisions

Question 4

Article 12

Answer 4

Uncovering and Correction of Work
Testing Cost by owner unless con-conforming (then contractor)

Question 5

Article 11

Answer 5

Insurance and Bonds

Question 6

Article 10

Answer 6

Protection of Persons and Property (Contractor Job Site Safety)
Responsibility of the contractor during construction–means and methods

Question 7

Article 9

Answer 7

Payments and Completion

Question 8

Article 8

Answer 8

Time

Question 9

Article 7

Answer 9

Changes in the Work

Question 10

Article 6

Answer 10

Construction by Owner or by Separate Contractor

Question 11

Article 5

Answer 11

Subcontractors

Question 12

Article 4

Answer 12

Architect

Question 13

Article 3

Answer 13

Contractor

Question 14

Article 2

Answer 14

Owner

Question 15

Article 1

Answer 15

General Provisions

Question 16

Substantial completion

Answer 16

The stage where owner can occupy and utilize the Work for its intended use

Question 17

Article 2.3: Services required by Owner

Answer 17

Surveys
Geotechnical
Environmental
Permits
Approvals

Question 18

Article 2.4: Owner’s right to stop work

Answer 18

Owner and contractors are the Legal Contractual parties

Question 19

Article 2.5: Owner’s right to carry out work

Answer 19

10 day notice vs Previous 7 day notice

Question 20

Article 3.2 Review of contract documents

Answer 20

Contractor responsible to review requirements

Question 21

Article 3.2.2 Contract Documents Hierarchy

Answer 21

All documents are complimentary with no implied hierarch

Question 22

Article 3.3: Supervision and construction

Answer 22

Means and methods–Contractor’s sole responsibility

Question 23

Article 3.5: Warranty

Answer 23

Are as valuable as the paper they are printed on

Question 24

Article 3.7.4 Concealed or Unknown Conditions

Answer 24

Contractor to provide prompt notice to Owner and Architect

Question 25

Article 3.8: Allowances

Answer 25

Make sure that the contractor has them in their contract

Question 26

Article 3.9: Superintendent

Answer 26

Competent, reliable, and at the site when work is being done

Question 27

Article 3.10: Construction and Submittal Schedules

Answer 27

Architect - milestones Contractor - Details

Question 28

Article 3.12 Shop drawings, data, samples

Answer 28

Contract + subcontractor responsibility

Question 29

Article 3.15 Cleaning up

Answer 29

Contractor's responsibility Owner may clean and entitled for reimbursement

Question 30

Article 3.18: Indemnification

Answer 30

To hold harmless and not liable

Question 31

Article 4.2.2 Architecture Site visitation

Answer 31

Rule of Thumb: every 2 weeks Write it in contract

Question 32

Article 4.2.6 Authority to REJECT WORK

Answer 32

Architect Responsibility Must be done in good faith and with cause

Question 33

Article 4.2.12 Interpretations and Decisions

Answer 33

Architect to provide again in good faith

Question 34

Article 6.1 Owner's right to construct

Answer 34

Owner's right to hire multiple contractors All have to get along

Question 35

Article 6.3 Owner's Right to Clean up

Answer 35

Owner may clean up and allocate cost

Question 36

Article 7.2 Change Orders

Answer 36

Changes the legal requirements of the O/C agreement for work scape/time/$

Question 37

Article 9.5 Decisions to Withhold Certification

Answer 37

Reviewing progress of work as related to payments is a CA responsibility

Question 38

Article 9.8.1 Substantial Completion

Answer 38

CM, Architect, and Owner Determine Punchlists, warranties, retainage

Question 39

Article 11.1 Performance and Payment Bonds

Answer 39

Performance is admin of contract and payment is Labor + Materials

Question 40

Article 12.3 Acceptance of non-conforming

Answer 40

Owner has the right to accept non-conforming work Seek indemnification

Question 41

Article 13.4 Tests and inspection

Answer 41

Testing cost by owner, unless non-conforming

Question 42

Article 15.1.5 Claims for Additional Cost

Answer 42

Document circumstances and provide notice before proceeding

Question 43

Article 15.1.6 Claims for Additional Time

Answer 43

Document circumstances and provide costs of any

Question 44

Article 15.1.7 Consequential Damage

Answer 44

By default waived Damages created as an effect/result of some direct action

Question 45

Article 15.3 Mediation

Answer 45

Typically our default resolution method Not legally binding More costly than negotiation Use professional mediator All parties agree to abide by mediator's ruling NO lawyers 80% resolution success

Question 46

Article 15.4 Arbitration

Answer 46

Binding dispute resolution method

Question 47

Professional Liability Insurance

Answer 47

NOT errors and Omissions insurance Covers HARM CAUSED FROM NEGLECT Does NOT cover increased liability taken on by professional through contract language (warranties/guarantees)

Question 48

How to limit liability

Answer 48

Do a good job (standard of care) Limit liability coverage to total fees on job Building types and experience (condo types have highest rate of claims)

Question 49

Dispute avoidance

Answer 49

Communication: Fairness Admit mistakes Look at issues from other parties' vantage points

Question 50

4 strategies to claim

Answer 50

Negotiation Mediation Arbitration Litigation

Question 51

Negotiation

Answer 51

Least expensive Not legally binding Trust by O+C is key

Question 52

Arbitration

Answer 52

More costly than mediation Legally binding Use professional arbitrator/panel Parties bound by ruling Lawyers No method for appeal

Question 53

Litigation

Answer 53

$$$$ Use bench/jury Lawyers Legally binding Finding facts, subpoenas, depositions Appeals can last forever