misc

Question 1

Who is responsible for coordinating with agencies when testing must be conducted?

Answer 1

The contractor is responsible for coordinating with agencies when testing must be conducted.

Question 2

What are two components that have the greatest impact on a contractor’s bid?

Answer 2

Labor and materials have the greatest impact on a contractor’s bid.

Question 3

As-built drawings

Answer 3

As-built drawings are typically prepared by the general contractor to the original drawings indicating on-site changes made to the project.

Question 4

Record drawings

Answer 4

Record drawings are drawn and compiled by the architect as a set of on-site changes made specifically for the owner as per the architect and owner contract.

Question 5

4 types of SCHEDULES:

Answer 5

BAR / GANTT CHARTS: BIG PROJECTS, most often used type, also during construction
The disadvantage of the Gantt chart is that it does not show the dependency of tasks to each other and it does not show which tasks are ‘critical’ to finishing the project on time. This is where the Critical Path Method (CPM) comes in.

(CPM) CRITICAL PATH METHOD:
this process determines which activities are “critical” (i.e., on the longest path) and which have “total float” (i.e., can be delayed without making the project longer)
-Critical path drag analysis allows managers to prioritize activities for the effective management of project, and to shorten the planned critical path of a project by pruning critical path activities, by “fast tracking” (i.e., performing more activities in parallel), and/or by “crashing the critical path” (i.e., shortening the durations of critical path activities by adding resources).

MILESTONE CHARTS: SMALL PROJECTS

WALL SCHEDULE: analog, whole project team, pm prepares major items to be placed on wall, at beginning of medium to big project, not during construction, converted to bar chart when set

Question 6

Statute of limitations

Answer 6

Statute of limitations - only starts after the defect is discovered

Question 7

Statute of repose

Answer 7

Statute of repose - timeframe in which claims must be made, begins on the date of substantial completion. Time limits for each statute are quite different across all states, but usually, the statute of repose has a longer time frame than the statute of limitations.

Question 8

Agency

Answer 8

Agency - For agency to occur there must be 3 parties: principal, agent, and a third party

Question 9

Negligence

Answer 9

Negligence
legal duty established between 2 parties
BREACH OF THAT DUTIE
BREACH OF DUTIE CAUSED DAMAGE OR INJURY

Question 10

Betterment

Answer 10

Betterment is an improvement that adds value to a property or facility.
It involves consideration of both measure of damages and mitigation. Generally, if repair works are carried out to a higher standard than was necessary, the betterment will be deducted from any damages claimed. However, if the claimant had no choice other than to carry out the works in that way, then no deduction will be made.

Question 11

Privity

Answer 11

Privity - a contract cannot be used for a legal claim except by those who are parties to it.

a contract cannot confer rights or impose obligations upon any person who is not a party to the contract. The premise is that only parties to contracts should be able to sue to enforce their rights or claim damages as such.

Question 12

Vicarious liability

Answer 12

Vicarious liability is a form of a strict, secondary liability that arises under the common law doctrine of agency, respondeat superior, the responsibility of the superior for the acts of their subordinate or, in a broader sense, the responsibility of any third party that had the “right, ability or duty to control” the activities of a violator.
Typically, the architect’s project representative can handle most tasks with the exception of approving and rejecting work, which remain part of the architect’s authority.

Question 13

Indemnity clauses

Answer 13

Indemnity clauses are intended to keep parties from being brought into lawsuits for issues that arise which are beyond their control. Indemnification clauses hold harmless both owner and architect for claims resulting from the performance of work by the contractor or others with whom the architect has no contractual relationship.

Question 14

The Spearin Doctrine

Answer 14

The Spearin Doctrine is the difference between defect-free documents and an architect’s professional standard of care. Costs associated with the Spearin Doctrine are borne by the owner, as the architect developed them in accordance with the standard of care and not as a result of negligence. This is not a case where betterment comes into play. The contractor is not liable for loss or damage as a result of defective designs, plans, or specifications

Question 15

Is the architect responsible for meeting performance standards?

Answer 15

No, Meeting performance standards depends on many factors outside the architect’s control, including maintenance and operations, manufacturing, and installation.

Question 16

Mediation

Answer 16

Mediation
Per aia required first step
Not legally binding
Parties try to come to a settlement

Question 17

Arbitration

Answer 17

Arbitration
Select decision maker / no juries
Private
Faster
Limited discovery
Lower attorney fee
Higher hard cost

Question 18

Litigation

Answer 18

Litigation
Appointed decision maker
Public
slower
Unlimited discovery
Higher attorney fee
Lower hard cost

Question 19

general obligation bond

Answer 19

general obligation bond is a municipal bond backed by the credit and taxing power of the issuing jurisdiction, rather than the revenue from a given project. Big Public projects are usually financed like that. General obligation bonds are issued with the belief that a municipality will be able to repay its debt obligation through taxation or revenue from projects.

Question 20

performance bond aka contract bond

Answer 20

performance bond aka contract bond - guarantee by surety that sufficient funds will be available to complete the project, should contractor default during construction

Question 21

Bid Bond

Answer 21

Bid Bond - type of bid security that bidders submit along with their bid. Gets returned if not selected. If selected contractor does not do work according to bid, owner gets to keep it.

Question 22

Payment bond

Answer 22

-Payment bond: labor & materials payment bond - guaranteeing that contractor will pay subs and vendors - protects against mech liens

Question 23

Revenue bonds

Answer 23

Revenue bonds finance projects that generate revenue. The money made by the project goes to paying off the bonds. Toll roads and bridges are examples of projects paid for by revenue bonds.

Question 24

mill levy

Answer 24

-A mill levy is used to set property tax rates. For example, if the mill levy is 20, the tax is $20 for every $1000 of assessed property value

Question 25

Phases of IDP Project Delivery

Answer 25

Phases of IDP Project Delivery Conceptualization This is when collaboration is most crucial. The key project participants will assemble to analyze any potential issues relying on each others’ various fields of expertise. Design All the evaluations from the conceptualization phase are now integrated with the main project goals and regulatory considerations to optimize costs and reduce waste. Implementation It’s during this phase where the computer-modeling software comes into play. By inputting all the information gathered from the project teams and the design phase, the software will then crunch the raw data and predict the project’s performance and outcome. Construction This is when all the benefits of collaboration and careful planning comes to fruition. If the previous phases were performed properly, this phase should be relatively painless, resulting in minimal delays, waste, and scheduling problem

Question 26

IDP - During pre-construction architect is involved in?

Answer 26

Agency review - includes early involvement of permitting agencies, authority have a dress diction a HJ in the building code review process. Tim data may be shared to streamline process. Architect would work with a HJ to ensure code compliance. Buyout - selecting suppliers and finalizing prices from any remaining subcontractors and vendors not part of IPD. No bidding, negotiating, because key stakeholder is already involved.

Question 27

B101 Basic services: (outside of design phases)

Answer 27

Research applicable design criteria Attend project meetings Comunicate w members of the project team Report progress to the owner Coordinate arch’s services w/owners provided services/ consultants Schedule for arch services, as soon as applicable after signing of contract

Question 28

Surety

Answer 28

-Surety - bonding agency, company that puts up money (gc is licensed and bonded, have a license and have surety)

Question 29

Responsible bidder:

Answer 29

-Responsible bidder: demonstrates financial capacity to do the work

Question 30

Responsive bid

Answer 30

-Responsive bid: all bidding requirements have been met

Question 31

VBS

Answer 31

-VBS - value based selection - multiple criteria

Question 32

QBS

Answer 32

-QBS - qualifications based selection

Question 33

-Bid shopping

Answer 33

-Bid shopping is when a general contractor discloses a subcontractor's bid to another subcontractor in the attempt to get a better price. Bid shopping lowers construction quality, worsens the business environment, and is considered unethical. In some instances, bid shopping can be illegal.

Question 34

-Bid soliciting

Answer 34

-Bid soliciting is when an architect or owner puts a project out to bid by announcing it in the media or by private channels through invitations or requests for proposals.

Question 35

-Bid fraud

Answer 35

-Bid fraud is the same as bid tempering and bid rigging.

Question 36

waiver of subrogation

Answer 36

A waiver of subrogation means that the architect and the owner cannot sue each other for items covered by their property insurances.

Question 37

Indemnification would be in effect in the following situations:

Answer 37

Indemnification would be in effect in the following situations: Protection against damage to the site by the contractor’s work Injury of staff at construction site Claims by the neighbors on adjoining site

Question 38

Consequential damages waived by the owner would include:

Answer 38

Consequential damages waived by the owner would include: Loss of profit due to delays in the work Loss of income due to delays in the work Rental on the property being built on

Question 39

When submitting, for the owner's approval, a schedule for the performance of his services, which of the following should the architect include?

Answer 39

- Commencement of construction date - Substantial completion date - Allowance for the owner's review - Allowance for the owner's consultants performance - Allowance for approval of submissions by AHJ's.

Question 40

During the procurement phase, the architect shall assist the owner with which of the following?

Answer 40

- Procuring the reproduction of Bidding Documents - Maintaining a log of distribution and retrieval of the amounts of deposits - Organizing and conducting the opening of the bids - Participating in negotiations with prospective contractors

Question 41

When does title-ship of the Work start to transfer from the contractor to the owner?

Answer 41

-With each application for payment

Question 42

Construction typically begins when?

Answer 42

Construction typically begins when owner issues notice to proceed, which is a letter notifying the contract and they're authorized to proceed with work. Letter can be sent by architect and owner's direction, but I take themselves cannot direct the work to begin.

Question 43

Construction phase ends when?

Answer 43

Construction phase ends when the contractor received the final payment.

Question 44

If the architect withholds certification for payment from gc for not paying the subcontractor, the owner may ...

Answer 44

If architect withholds certification for payment owner may at his sole option, issued joint checks to the contractor into any subcontractor or supplier to whom the contractor failed to make payment. If owner makes payment by joint check on her she'll notify architect and contractor shall reflect the payment on its next application for payment.

Question 45

Within 10 days of receiving a dispute a claim from owner or contractor, initial decision maker must: (4options)

Answer 45

- Suggest a compromise - Except or reject the claim - Advised the parties that initial decision maker is unable to resolve the claim due to a conflict of interest or lack of sufficient information - Request additional supporting data from the claimant

Question 46

Product substitutions

Answer 46

Product substitutions can be managed with CSI Form 13.1A standards substitution request format

Question 47

Two scenarios when substitutions during the construction phase be required or allowable:

Answer 47

The owner initiates a substitution The product is unavailable

Question 48

Action submittals

Answer 48

Action submittals: Shop drawings Coordination drawings Product data Samples

Question 49

Informational QAQC submittals:

Answer 49

Informational QAQC submittals: Design data Test reports Certificates Manufacturer’s instructions

Question 50

Project record documents

Answer 50

Contract drawings Project manual Agenda Contract modification Submittals Product data Shop reports Samples Test reports Other documents from the contractor

Question 51

Scope creep

Answer 51

Scope creep may occur if the architect does not closely monitor change orders or construction change directive

Question 52

Substantial completion

Answer 52

Substantial completion: - Sufficiently complete according to contract documents to allow owner use of intended purpose - Often C of O - Punch-list is compiled by contractor and maintained by architect - The warranties begin

Question 53

Final completion

Answer 53

Final completion: -Complete according to contract documents. -Date of application for final payment becomes the date of final completion -Punchlist is completed by contractor Closeout documents are submitted -Owner takes full responsibility for project unless otherwise agreed upon

Question 54

Submittals near completion of project

Answer 54

- Written notices of substantial and final completion - Final application for payment - Record documents - Maintenance or attic materials - Certificates of payment - Operations and maintenance data - Releases of liens - Consent of surety to final payment - Contractor certificate of substantial and final completion - Outstanding items that have not been included in previous change order, architect needs to prepare a final change order. Used to make needed adjustments in contract sum.

Question 55

Procurement Documents

Answer 55

The project manual Construction drawings Addenda

Question 56

The project manual

Answer 56

Bidding requirements Contract forms Specifications

Question 57

Bidding requirements

Answer 57

Invitation to bidders Pre-qualification forms Instructions to bidders Additional information Bid forms Supplements to bid forms Bid security form Subcontractor list Substitution request form Request for information form

Question 58

Contract forms

Answer 58

Contract forms Sample agreement contractor owner Sample performance bond Sample labor and materials payment bond Sample certificate or insurance and list of insurance requirements Simple general conditions of the contract Supplementary conditions

Question 59

types of Specifications

Answer 59

- Proprietary (Closed) Spec: does not allow for substitution, and typically used to control aesthetics, function, and quality. 
• Identify name, model number, finish type, and submittal requirement. - Descriptive (Open) Spec: used in competitive bidding, and does not give level of control in closed spec.
• Describe characteristics, materials, finishes, workmanship, and fabrication of products and give list of comparable manufactures. - Performance Spec: used with vendors who propose products they think will meet requirements
• Describe only the desired/required results. Give no characteristics or manufactures. - Reference standard spec: description based on performance of material/assembly in comparison to reference standards set by accepted authority. For example ASTM (American standard for testing and materials), ANSI , UI

Question 60

Construction drawings

Answer 60

contract drawings are bound separately from project manual, and show size form and the presentation of materials and systems and the relationships between them

Question 61

Addenda

Answer 61

Issued to all registered bidders no later than 5 days before receipt of bids to get the bidders in proper opportunity to study it and modify the proposals accordingly

Question 62

Contract documents

Answer 62

Contract forms Specifications Construction drawings Addenda NOT the bidding requirements

Question 63


3 modifications to the contract:

Answer 63

- G701 Change order: change to contract documents to time or money or scope or combination - G710 architect's supplemental instructions (ASI). when would not affect project time or cost, i.e. scope. the architect is able to issue a change in the work without further approval needed. - G714 Construction change directive: construction continues as directed, issue moves to Mediation/arbitration after, gets put into contract documents after resolution as regular change order

Question 64

4 phases of building commissioning:

Answer 64

4 phases of building commissioning: Design Phase Construction Phase Acceptance Phase Post-Acceptance Phase

Question 65

commissioning

Answer 65

Commissioning of the energy system as a prerequisite for LEED certification OPR owners project requirements, a summary of the critical planning requirements and owner expectations OPR is developed into a basis of design BOD document during the design phase. The BOD explains how the OPR have been satisfied by the proposed design.

Question 66

submittals, according to SectionFormat:

Answer 66

Product Data Shop Drawings Samples Design Data Test Reports Manufacturers' Certificates and Instructions Closeout Submittals Although mock-ups and field samples are usually required in the specifications and also need to be approved by the architect, they are not considered to be submittals. According to SectionFormat, Mock-ups and Field Samples are considered Quality Assurance items, not submittals.

Question 67

who is the initial decicion maker in a CM-A contract

Answer 67

Similarly to a traditional design-bid-build delivery method, using an AIA Document A201, the architect is also the IDM, when using a CMa delivery method.

Question 68

who is preparing change orders in a cm-a contract

Answer 68

Contrary to the typical design-bid-build delivery method, the CMa prepares change orders and construction change directives. Change orders must be signed by the CMa, the architect, the owner and contractor as well.

Question 69

supplemental services

Answer 69

Providing facility support services Providing Fast-track design services Preparing multiple bid packages Post-occupancy evaluation (Supplemental Services are services that are not included as Basic Services but are identified as the architect's responsibility at the time the agreement is executed. Additional Services are services that may arise as the project proceeds.)

Question 70

additional services

Answer 70

- Changing or editing previously prepared Instruments of Service - Assistance to the Initial Decision Maker, if other than the Architect (**Supplemental Services** are services that are not included as Basic Services but are **identified** as the architect's responsibility **at the time the agreement is executed**. **Additional Services** are services that may **arise as the project proceeds**.)

Question 71

Which parties need to sign a G704 – Certificate of Substantial Completion? Select all that apply.

Answer 71

Architect Owner Contractor

Question 72

According to AIA document B133, when does the architect's construction administration role start?

Answer 72

CMC Per AIA documents B101, the architect's CA responsibilities start when the owner awards the contract for construction. However, per AIA document B133, only below would mean the beginning of these functions by the architect. - After the owner's approval of the CM's Guaranteed maximum price (GMP) - After the owner's approval of the CM's control estimate - After the owner issues a notice to proceed

Question 73

Which documents must the contractor submit to the architect, before a certificate for the final payment can be issued?

Answer 73

- Consent of surety to final payment - Affidavit stating that payrolls and materials have been paid The contractor must only submit a waiver of liens, if required by the owner, it is not mandatory.

Question 74

If the Contractor encounters conditions at the site that... differ materially from those indicated in the Contract Documents..., the Contractor shall...?

Answer 74

If the Contractor encounters conditions at the site that... differ materially from those indicated in the Contract Documents..., the Contractor shall promptly provide notice to the Owner and the Architect before conditions are disturbed and in no event later than **14 days** after first observance of the conditions". Only upon the architect's investigation and determination if the conditions were, in fact, different from those indicated in the contract documents, would the contractor be entitled to a change to the contract sum and/or time. The contractor should not have disturbed the conditions without notifying the owner and the architect, so he/she would probably be responsible for the extra time/cost incurred.

Question 75

Who is (are) the party (ies) responsible for contacting entities providing utilities to the Project?

Answer 75

Architect B101-2017 Standard Form of Agreement Between Owner and Architect states that "The Architect shall contact governmental authorities required to approve the Construction Documents and entities providing utility services to the Project. **The Architect shall respond to applicable design requirements imposed by those authorities and entities."**

Question 76

Who is usually responsible for providing and paying for test borings, test pits and percolation tests?

Answer 76

The owner, as the party responsible for providing services of geotechnical engineers, is usually responsible for providing these services. See article 5.5 of AIA Document B101-2017 Standard Form of Agreement Between Owner and Architect. It states the following: "The Owner shall furnish services of geotechnical engineers, which may include test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations."

Question 77

How should the contractor proceed if, while doing some earthwork in preparation for the foundations, he discovers conditions that are substantially different than the ones stated in the contract documents?

Answer 77

Stop work and notify the owner and architect within 14 days

Question 78

At which point does the AIA B101 agreement terminate?

Answer 78

The contract terminates **one year after substantial completion**. Refer to AIA Document B101 Standard Form of Agreement Between Owner and Architect , Article 9.8 Termination or suspension

Question 79

What is the deadline before which GC has to address all issues on the punch list?

Answer 79

The architect makes an assessment and determines how long the contractor has to address all items on a punch list.

Question 80

the Owner occupies a portion of the building after the Architect has deemed the project is substantially complete. The Owner notices a hole in the wall that wasn't noted on the Architect's punch list. Who is responsible for fixing the issue?

Answer 80

When an Owner occupies the building after substantial completion, any error or mistake not noted in the punch list is the Owner’s responsibility.

Question 81

What is a proctor test?

Answer 81

A proctor test is a method of experimentally determining the optimal moisture content at which a given soil type will become most dense and achieve its maximum dry density. The term Proctor is in honor of R. R. Proctor, who in 1933 showed that the dry density of a soil for a given compactive effort depends on the amount of water the soil contains during soil compaction