Oral Review Flashcards
(112 cards)
1
Q
The architecture profession is self-regulating. How do we earn the right to be self-regulating?
A
Through the BC Architects Act — the legislation that governs the architectural profession in the province and establishes the authority and mandate of the AIBC as a regulatory body.
2
Q
Explain how the bylaws are made.
A
The AIBC creates the bylaws. Council sends out new or amended bylaws to members (registered architects in good standing) to vote on. The vote must pass by 2/3.
They are also reviewed by the provincial government before they become effective.
3
Q
Is a code of ethics necessary? Who does it protect?
A
The Architects Act recommends the AIBC bylaws provide a code of ethics. It protects the public trust in the profession by clearly defining the manner in which members must conduct themselves.
4
Q
Explain “professional standard of care.”
A
An architect shall provide services with the same degree of care and competence that would be rendered by other architects in the province under the same circumstances. (AIBC Bylaw 30.1)
The architect shall perform the services to the standard of care ordinarily exercised by other members of their profession under similar circumstances, at the same time and in the same locale. (RAIC Doc 6 GC 7.1)
5
Q
Can an architect criticize another architect’s work? If so, under what circumstances?
A
You cannot falsely or maliciously injure the professional reputation or business prospects of another architect, but you can make fair and honest comments about their work. Comments must be based on considered knowledge of the project or subject in question, representing an informed, legitimate point of view. This criteria applies to design panels. (AIBC Bylaw 34.6)
6
Q
What duties are the AIBC required to uphold?
A
The AIBC’s mandate is to regulate the profession in the interest of the public:
- Establish standards for registration and continuing education
- Provide disciplinary action to members
- Ensure unlicensed practitioners aren’t practicing architecture
7
Q
You’re licensed and you want to start a business, what do you need?
A
Certificate of practice, professional liability insurance, general liability insurance, Worksafe BC coverage, business license
8
Q
A client asks you to undertake the design portion of a project for a considerably reduced fee. You expect that this work would lead to more projects with this client. How would you respond to this request in a professional manner?
A
Refer the client to the Tariff of Fees. Explain that inadequate compensation fosters inadequate service and a level of risk that jeopardizes public safety and professional liability.
9
Q
When do you need an architect?
A
Whether an architect is required depends on the major occupancy in conjunction with factors such as use, gross area and number of beds or dwelling units. (Architects Act Section 60, Tariff of Fees and Bulletin 31 Buildings requiring the Service of an Architect)
10
Q
What are the architect’s minimum scope of services?
A
Refer to Bulletin 90 Minimum Scope of Architectural Services. The bulletin does not contain an exhaustive list of architectural services. It delineates a benchmark below which an architect must not go when undertaking a project.
11
Q
What promoting and advertising is an architect permitted to do?
A
An architect can promote his/her experience, capabilities, resources and capacity to prospective clients. (Code of Ethics and Professional Conduct) The AIBC does not approve of putting your face on a billboard.
12
Q
If you’re an architect and you need to obtain a building permit, what do you need?
A
The drawings will need to be signed and sealed, which cannot be done without a certificate of practice and professional liability insurance.
13
Q
There are three types of firms that the AIBC licenses. What are they?
A
- Sole proprietor
- Corporation
- Partnership
14
Q
Can an architect be supplanted (one architect takes over the job of another)?
A
The new architect must notify the other architect in writing. The new architect is under no obligation to delay acquiring the commission until the first architect’s fee has been paid, although this might be a red flag for the new architect. (Code of Ethics and Professional Conduct)
15
Q
Should architects be required to carry professional liability insurance? What impact does providing “partial services” or “additional services” have on this insurance?
A
Any architect using their seal is required to carry professional liability insurance. Check with your insurer to confirm your coverage for partial and additional services. They may void your insurance if such services are excluded from your contract or compromise the duty of care.
16
Q
How does an architect determine whether or not a project is financially profitable?
A
Evaluate scope, timeline and construction budget against payroll and overhead costs.
Hourly billing rates are determined by applying a multiplier to the calculated hourly direct personnel expense. The multiplier is a factor which includes overhead plus profit and can vary from 1.8 to 3.0 depending on the size of the practice and its location. (CHOP)
17
Q
What considerations should you make in establishing your professional fees?
A
Evaluate scope, timeline and construction budget and determine best method:
- Stipulated sum (fixed)
- Percentage (of hard costs)
- Hourly - best when the scope or timeline is unknown, unclear or has the potential to change
- Any combination of above
Create a workplan (a plan that itemizes the schedule for architectural services, key milestones and deliverables)
18
Q
What must you put in an RFP?
A
- Statement of compliance with AIBC Bylaw 28 Professional Engagement
- Statement of compliance with AIBC Bylaw 34.16 Tariff of Fees
- Statement of compliance with the Code of Ethics and Professional Conduct
- Proof of professional liability insurance
- Encompass a range of due diligence information review
(Bulletin 64 and 67)
19
Q
What information do you need to provide to your client in a fee proposal?
A
- Understanding of scope, timeline and construction budget
- Summary of services
- Fee structure
- Consultant fee structure
- Terms of payment
- Hourly rates
20
Q
What can the architect do to reduce the risk of late payment/non-payment by the client?
A
Obtain a retainer. Ensure terms and conditions include clause to stop services in the event of non-payment. Issue regular invoices. Include a statement of interest on overdue accounts. Separate fees from reimbursable expenses. Send a letter to client outlining attempts to receive payment to date, if past payment not received after three weeks of calls and a meeting. Seek legal advice if stopping work. (CHOP)
21
Q
Can an architect begin work for a client without a contractual agreement in place? What form of contract can this be?
A
Architects are required, by AIBC Bylaws 28.0 and 28.1, to ensure that an executed, written agreement is in place prior to commencing work for a client. This architectural services contract must be a standard form contract approved by AIBC Council, or be based upon, and generally consistent with, a standard contract in relation to the services, responsibilities, and general conditions.
However, if you need to begin immediately and the terms of the contract are still being worked out, you can write a letter of intent w/ hourly rates, referencing the contract to be put in place and begin work.
22
Q
When must an architect resign from a job?
A
An architect can terminate services on a project when their employer or client violates legal requirements, against their advice, and they have done all that they can do to enforce compliance — including reporting the action to the AHJ and the AHJ confirming the violation. (Bylaw 32.3)
23
Q
Who owns the copyright on the drawings? On the design? What can a client do with your drawings?
A
The architect owns the copyright to all drawings, specifications, models, & any other documents prepared by the architect as an instrument of service. This is the design, so yes, the architect owns the copyright to the design. It can be released through the architect’s written consent.
Payment by the client of the architect’s account in full does, however, entitle the client to copies of the documents prepared by the architect and to use them as they were intended; once; and on the same site and project.
24
Q
What are the advantages/disadvantages of having the consultants work under contract with you? Are there any consultants that the architect should not contract directly?
A
To be the prime consultant means that the consultants are contracted by the architect:
- Advantages: Can select consultant team
- Disadvantages: Increased liability by directly retaining consultants
Some consultants may not be covered by the architect’s insurance (e.g., geotechnical, cost consultant, hazardous materials consultant) and are typically hired by the owner.
25
When does the client-architect agreement terminate? Why?
One-year after substantial completion. Part of the architect’s services during this period is to maintain contact with owner and bring warranty issues to attention of contractor for rectification. (CHOP)
26
Are firms with Certificates of Practice required to carry professional liability insurance?
What and who does it protect?
Yes. It protects architects against claims by clients and third parties, AS WELL AS the public through financial remedies for legitimate claims.
27
Under provincial law, what responsibilities does an architect have to his/her employees?
- Ensure WorkSafe BC coverage for all employees
- Adhere to employment standards (e.g. provide vacation pay)
- Follow the BC Human Rights Code
28
What are the AIBC bylaws?
Bylaws are a form of regulation authorized by the governing legislation: the Architects Act.
The AIBC’s bylaws address a variety of Institute governance matters, architectural firm requirements and, importantly, competency, professional and ethical standards of the profession.
29
Explain the architect’s responsibilities in reference to “statements of probable costs.”
References to “statements of probable cost” are not intended to imply that an architect must personally provide detailed construction cost estimates. This can well be done by others qualified to do so. The essential requirement is that an architect must be conscious of construction costs and their ramifications to a project’s viability. (Bulletin 90 Minimum Scope of Architectural Services)
30
What information would you typically collect and review to start work on a project? What information should the client be expected to provide?
Legal description
Project description
Program requirements
Site information (e.g. surveys, geotechnical report, air and pollution water tests, available information on existing buildings)
Project timeline, budget and delivery method
(Bulletin 90 & RAIC Doc 6 GC 3.2)
31
Is programming part of an architect’s basic services?
No, pre-design is not a part of the architect’s basic services. (RAIC Doc Six)
32
Name some of the services associated with pre-design:
```
Functional programming
Comparative studies of prospective sites
Financial feasibility study
Basic climate analysis
Review of regulatory requirements
```
(RAIC Doc Six, Schedule A1)
33
What are the different classes of estimates used on government & institutional projects?
Class estimates are arranged by the standard MasterFormat specification divisions.
- Class D (Pre-design) – Based on the functional program and historic data
- Class C (Schematic design) – Based on SD drawings and specifications
- Class B (Design development) – Based on DD drawings and specifications
- Class A (Construction documentation) - Based on CD drawings and specifications
Advantages: most accurate if done from the start, info stays current as change are made
Disadvantages: need experienced estimator, requires ability to foresee all typical trades for construction
34
What are some other methods of cost estimation?
- Elemental cost (divides the building into major elements such as shell, interiors, services and site)
- Area (cost per m2)
- Volume (cost per m3)
- Unit use (cost per bed, per seat, etc.)
35
What are some of the factors affecting cost?
- Economic and political: inflation, market conditions, political and social climate
- Environmental: site characteristics, weather & season, location (urban/rural)
- Building type and design
- Owner/client characteristics
- Project delivery method
- Regulations
(CHOP 2.3.3)
36
What are the main risks associated with design and documentation?
1. The practice will lose money producing the documents
2. The project will be over budget
3. An error or omission in the documents will result in a claim
(CHOP 2.1.9)
37
Describe some strategies for risk management.
- Negotiate fees that align with the services required
- Obtain a retainer
- Ensure the right to stop services in the event of non-payment of fees is included in the client-architect agreement
- Maintain accurate and comprehensive records
- Have someone who did not create the drawings perform a review prior to applying the sign and seal
(CHOP 2.1.9)
38
What steps are required to rezone a property in your community?
Rezoning is required for any change in the use of any land or building:
- Ask the AHJ if policy supports your proposal.
- Make a rezoning enquiry.
- Submit application.
- Consult the public by installing a sign on your property and potentially holding an open house.
- AHJ evaluates the application.
A DP is required for large scale projects and/or where zoning relaxations of particular type of land uses are proposed (e.g. request for additional FSR).
- Development is regulated by the Zoning and Development Bylaw.
- Research your property and contact city staff. Submit DP application.
- AHJ evaluates the application. Committees or panels may engage your proposal. Public feedback is usually sought out
(Cov)
39
Who evaluates a rezoning application?
City planning department, public and (if recommended by planning department) city council.
(CoV)
40
Who must presents at a rezoning hearing?
Architect of record. An employee of the architect may present, but only if the architect is present.
(Code of Ethics and Professional Conduct)
41
Describe a discretionary DP process, and how it may affect an architect’s service and fees.
The development permit board can approve a DP with conditions when the application does not meet all the requirements set out by the AHJ (e.g. request for additional FSR). Conditions might include:
- Review by committees or panels (e.g. urban design panel, heritage commission)
- Additional documentation, e.g. street elevations, contextual analysis, material palettes
- Changes at the discretion of the development permit
board
This process can substantially increase costs. The DP application needs to be revised and resubmitted as many times as the development permit board requires — each time requiring an additional application fee and requiring additional services from the architect. The process is subjective and the panel members and their collective opinion might change between applications.
(CoV)
42
What are the responsibilities of design panels?
Design panels provide expertise and contribute to the planning and development of cities. The City of Vancouver has generic as well as specialized groups that comment on heritage matters and specific locales, such as Chinatown and Gastown.
43
What is the difference between the NBC and the BC Building Code?
NBC is a model building code. BCBC is an adapted version of the model code to include for local conditions/variations.
44
In what jurisdictions is a Certified Professional (CP) allowed? What is it?
Permitted in Vancouver and Surrey. Not to be confused with the CRP.
Vancouver: The CP program facilitates the issuance of BPs by allowing CPs to take on the full review and inspection role on behalf of the city.
Surrey: A CP is the liaison between the city and the parties involved with the project. All drawings and documents submitted must bear the CP’s stamp and signature. It is the responsibility of the CP to conduct field reviews in order to ascertain that the design will substantially comply with BCBC as per the BP, as they are acting in the capacity of the City Building Official.
45
What are you looking at when considering limiting distance?
Buildings must be designed to protect adjacent buildings from exposure. Exposing building faces are permitted to have a percentage of unprotected openings dependent on the limiting distance as well as the occupancy classification, exposing building face area, and whether the project is sprinklered or not.
The limiting distance is the distance from an exposing building face to a property line, the centre line of a street, lane or public thoroughfare, or to an imaginary line between 2 buildings or fire compartments on the same property, measured at right angles to the exposing building face.
An unprotected opening is a doorway, window or opening other than one equipped with a closure having the required FRR, or any part of the wall that has a FRR less than required for that exposing face.
(BCBC)
46
What are the actions that an architect can take when in disagreement with the interpretation of a local building inspector on a specific design item?
Get a third party opinion from a code consultant or CP. If the code consultant or CP is willing to provide a signed and sealed letter of the interpretation, then the building inspector will likely agree to this.
47
What are contract documents? Who signs them? Who has authority to make changes to them?
Drawings and specifications. Architect of record signs them. The client has the authority to change them through the architect. Both the client and architect must sign change orders.
48
What organizations have standards to which you could refer in writing a specification?
ULC, ASHRAE, ANSI, ASME, ASTM, EPA, NFPA, etc. (CHOP)
49
What procedures should an architect go through before specifying an item that is new to the marketplace?
Make sure it meets all code requirements for its intended use. If not, ensure testing is carried out by the appropriate standards organizations (e.g., flame spread rating, concrete strength testing). Allow for approved equals in specification to keep bids competitive.
50
Describe the three typical bidding procedures.
Open tender: The bid is advertised publicly and the contractor that submits the lowest compliant bid is selected. Frequently used for public projects because it is believed to be the fairest method.
Closed/select tender: Screened or otherwise pre-qualified bidders are invited to bid. The lowest compliant bid is selected. Frequently used for projects with private clients, specialized projects that require particular expertise and small projects that might not attract the attention of contractors if advertised publicly.
Direct selection: Client negotiates with a single contractor
51
What are the advantages/disadvantages of an open tender?
Advantages: Results in lower price than other methods as its the most competitive
Disadvantages: Contractor is not necessarily qualified
52
What are the advantages/disadvantages of an closed/select tender?
Advantages: Contractors are known and have required financial capacity, relevant experience and human resources
Disadvantages: Unclear pre-qualification criteria can result in scrutiny, results in high price than pen tender as its less competitive
53
What type of bonds do you ask for in a bidding process? Explain.
A bond is an instrument which permits a contractor to provide the owner with a guarantee from a bonding company that they will satisfactorily perform their obligations under contract:
Bid bond: Guarantees the contractor will enter into a formal contract with the owner if selected or the bonding company will pay the difference between the bid and the amount for which the owner contracts with another contractor (5-10% of construction cost)
Performance bond: Guarantees against the failure of the contractor to complete the contract due to bankruptcy or insolvency
Labor & material bond: Guarantees that claimants will be paid for labour and materials provided to the contractor
54
What are different types of insurance for contractors?
- General liability
- Automobile liability (also aircraft and watercraft if applicable)
- Property insurance
- Boiler and machinery insurance
- Equipment insurance
(CCDC2)
55
What is the architect’s role during the bidding process?
- Preparing and issuing addenda
- Helping client evaluate bids
- Preparing the contract, if required
56
What is the proper process for issuing addenda?
When questioned, the architect should issue new information in writing to all bidders. Last opportunity for issuing addendum is no later than 4 days before bid closing.
57
Describe bid closing procedures.
Don’t close on a Friday, Monday, or following holiday. Typically mid-late afternoon to close. Must specify time as “before” the hour. (CHOP)
58
Describe bid analysis process.
Reviewing for completeness, start date/schedule, inclusion of all addenda, subs listed, manufacturers & suppliers listed, alternatives, unit prices.
There are only two types of bids: compliant & non-compliant. Any bid is considered non-compliant if:
• it does not meet the basic requirements
concerning confidentiality (for example,
being in a sealed envelope);
• it does not indicate that the correct number
of addenda were received and included in the
bid amount;
• it is not accompanied by the requested bid
bond or bid security;
• it is not properly signed or sealed;
• bonding requirements are not submitted (for
example, “Consent of Surety” or “Agreement
to Bond”).
59
What happens when the lowest bid is higher than the most recent cost estimates and client doesn’t want to revise budget or abandon project?
If difference greater than 15%, the architect, if requested, must revise CDs & administer new tender call at no additional fee. If less than 15%, can generally propose alternatives and negotiate w/ lowest bidder. (RAIC Document Six)
60
After tender opening, the low bidder wants to withdraw his bid. What should you advise the client to do?
The bid is a legally enforceable contract between the bidder and owner. Based on the conditions of the bid contract, bidders can’t withdraw bids during the period of irrevocability (usually the period provided for in the bid bond). To do so would permit forfeit of bid deposit and bond. Legal advice would be required.
CCDC23 indicates that if the bid-calling authority is satisfied with the existence of a genuine and significant mistake, the bid should not be accepted and the bidder shouldn’t be penalized even though owner has right to accept bid.
61
When the bids have been evaluated and a contractor selected, what is the process for awarding the contract?
Award usually accomplished w/ letter of acceptance. Allows contractor to start work immediately while formal contract is drafted. Architect often assists client preparing this letter. Advise client to have it reviewed by legal. Can also use a letter of intent if there are still contract terms to negotiate.
62
Where can you find structure in the code?
Division B, Part 4.
63
Where can you find environmental separation in the code?
Division B, Part 5.
64
Describe “Letters of Assurance.” Describe the obligations these letters place on the client, the architect and the Coordinating Registered Professional.
Letters of Assurance are legal accountability documents. These letters are a means to document the parties responsible for design and field review and obtain their professional assurances that the design substantially complies with the requirements of BCBC and that the requisite field reviews have been completed.
Schedule A and C-A – Confirmation of commitment by owner and CRP / assurance of coordination of professional field review
Schedule B and C-B – Assurance of professional design and commitment for field review / assurance of professional field review and compliance
Schedule D-1 and D-2 – Envelope design, NOT REQUIRED by BCBC but required by CoV
Schedule S-B and S-C – Required by supporting registered professional at the discretion of registered professionals, NOT REQUIRED under BCBC
65
Can you qualify a letter of assurance?
No. There are two ways to achieve phased occupancy, which are typically authorized by the AHJ on a case-by-case basis:
You can write a letter identifying what’s outstanding, provided code/life safety is complete (fit for intended use), and say they will receive a letter of assurance once the work is complete. This allows you to obtain occupancy prior to the full works being complete and letter of assurances submitted.
AHJ may permit you to submit separate letters of assurance for different portions of work under one BP.
66
What are the types of construction project delivery available? Describe.
- Design-bid-build CCDC2
- Design-build CCDC14
- Construction management (CM) CCDC 5A (services and contract) and CCDC 5B (advisor)
- Public private partnership (P3)
67
What are the different types of construction contract available, and in what situations might you recommend to a client that each be used? How does each impact on the architect’s scope of work?
Stipulated price (CCDC2): scope of the work must be sufficiently defined. Design must be complete and buttoned up before tender to be able to price accurately. Contractors must be very careful to prepare an accurate bid.
Cost plus (CCDC3): When all design documents are not complete before construction work begins (largely replaced by CCDC5a & 5b CM contracts – at risk vs. not at risk). More coordination, earlier on, with the contractor. Longer term for design time. More administrative costs/tasks if multiple tenders. Can do guaranteed max price to alleviate concerns about an “open-ended” contract, but requires a sufficiently defined scope of work.
Unit price (CCDC4): Used primarily for civil engineering work. Contractor is paid pre-determined price for each unit or quantity of work or material used. Can be derived through bidding or negotiation.
68
What is the architect’s role during CA?
- Prepare supplemental documentation for client/contractor (e.g. SIs, COs, field review reports)
- Evaluate progress claims and prepare COPs
- Review shop drawings
- Interpret the contract documents
- Observe testing
- Review samples/mock-ups
- Attend site meetings
- Conduct field reviews
69
What is the purpose of a field review?
1. Ensure compliance with the construction documents
2. Verify progress against progress claims and schedule
3. Provide guidance by interpreting the contract documents
70
What are some different types of testing that may occur during CA?
```
Concrete slump test
Fire alarm system verification
Air balancing
Air tightness testing
Acoustic testing
```
71
What is an “extended site”? Can a contractor make a claim for payment for materials being stored away from the building site? For work fabricated off-site?
The construction site is “the place of work.” An extended site is a location where products may be fabricated or stored away from the place of work. It is eligible for payment but should be secure, insured, and bonded. Architect must go and review in order to certify for payment.
72
What are the different methods of scheduling?
1. Milestone - list of major tasks and due dates; used for simple projects and summaries of more complex projects
2. Gantt - time period along x-axis, activities on y-axis
3. Critical path - uses arrows or lines to graphically show relationships between activities
73
What are the standard procedures for resolving a dispute between the architect and the contractor over the interpretation of the contract documents? Over the value of an extra to the contract?
- The architect is, in the first instance, the interpreter of the requirements of the contract documents.
- If a dispute is not resolved promptly, the architect will give instructions as necessary for the proper performance of the work and the parties shall act immediately to such instructions. Acting will not jeopardize any claim a party may have.
- If required, parties will proceed to mediation and arbitration.
(CCDC2)
74
If a change in the work impacts contract price or contract time, what is the architect’s course of action?
Change directive if the terms are not resolved and waiting for resolution is not an option (e.g. too big of an impact on the schedule). Change order once terms are resolved. Before issuing a change order, a proposed change order is issued to the contractor to provide them the opportunity to submit a quote for additional cost (or credit).
75
Who is responsible for additional construction costs due to work stemming from a hidden condition? Due to an error on the architect’s drawings?
Client is liable for hidden conditions. Architect is liable for errors on the architect’s drawings.
76
What shop drawings would you be expected to review for the project you are presenting? What are the architect’s responsibilities in reviewing shop drawings?
General conformance with the design intent and general arrangement only. The contractor is responsible for all applicable field measurements, field construction conditions, product requirements, etc. and coordination with the requirements of the work and other contract documents.
Shop drawings do not supersede the contract documents.
77
What should you see on a submittal from the contractor?
Submittals shall be reviewed by contractor, which should be indicated through a stamp, date and signature and should contain anything specified by the architect. (CCDC2)
78
What is the purpose of supplemental instructions?
To clarify and interpret the contract documents. Also to provide direction concerning a problem which may have come up during course of construction. If the supplemental instruction results in a change to contract price/time, then a change directive or order should be used.
79
What assurances and procedures should an architect take before submitting a Certificate for Payment for a progress draw? What are an architect’s responsibilities in certifying a progress claim for payment?
The contractor is required to submit monthly invoice along with (under CCDC2):
1. Schedule of values (technically part of invoice)
2. Statutory declaration – this is a declaration that the subs have been paid for the last month, this does not need to be provided the first month because the subs haven’t been paid from a draw yet
3. Worksafe BC coverage letter
Once received, the architect should do a review, and ensure that the subs also conduct a review to confirm that the work that is being claimed has been completed. Once complete, the architect issues a certificate of payment (and seals it) to the client, who then pays the contractor.
80
How do you determine substantial performance on a project? What events does the declaration of substantial performance trigger?
First, the building must be fit for its intended use. Second, the value of the work to be completed and/or corrected must be in the 3-2-1 rule. Not more than: 3% of the first $500,000 of the contract price; 2% of the next $500,000 of the contract price; and 1% of the balance of the contract price.
1. Contractor requests substantial completion & sends a list of items to be completed/corrected to the Owner & Consultant, together with a written application for review by the Consultant to establish substantial completion
2. Certifier has 10 days within receiving request to review the work & to determine whether substantially completed
3. If completed, certifier issues certificate to Owner & Contractor
4. Immediately following the issuance of the certificate of Substantial Performance of the Work, the Contractor, in consultation with the Consultant, shall establish a reasonable date for finishing the Work.
4. Notice of completion to be posted at project site within 7 days of issuing certificate
5. Lien can be filed no later than 45 days after the certificate was issued
6. Consultant issues certificate for holdback payment 10 days after lien period (55 days)
8. Contractor applies for final payment & statutory declaration following completion of work
9. Consultant has 10 days to review
10. Consultant issue's certificate for payment of deficiency holdback for work, as
appropriate, based on contractor’s application for final payment.
Substantial performance also triggers the 1-year warranty period.
81
How is the occupancy permit obtained? Is it possible to get partial (phased) occupancy? Conditional occupancy?
- Unconditional occupancy: when the scope of work associated with a BP and substantial code compliance is complete and accepted
- Conditional occupancy: when a building or project, or
portion thereof, may be considered safe but is incomplete with respect to the scope of work associated with a BP
- Phased or partial occupancy: when a discrete, or stand-alone, portion of a building or project is complete with respect to the scope of work associated with the BP for that portion
82
What is the lien act and what are your responsibilities within it?
The builders lien act provides protection for contractors, subcontractors, consultants, etc. by giving these parties the right to claim a lien against title to property until they have been paid in full for their services and materials. If the architect is the payment certifier, they are responsible for deducting the holdback from certificates of payment and issuing payment for the holdback release after substantial completion.
83
Explain the lien holdback.
The lien holdback is 10% of construction cost and is held for 55 days after certification of substantial completion. This is put in place to ensure payment of the subcontractors because the owner only has a contract with the general contractor, leaving the subcontractors vulnerable.
84
Can lien holdback money continue to be held back more than 45 days after substantial performance, to compensate for work not completed or constructed incorrectly?
No. The holdback must be released to the contractor after 55 days from certification of substantial completion. Deficiency holdback is for incomplete/incorrect work.
85
Can an architect place a lien on the property?
Yes, BUT. There needs to be an “improvement” on the property and they need to be directly contracted by the client.
86
How can the architect help ensure that construction deficiencies will be corrected?
With a deficiency holdback. Certificate of payment for known deficiencies should never be made until the performance of the work is acceptable.
87
How do you determine the deficiency holdback?
Conduct a deficiency review, estimate the cost to complete deficiencies, then multiply this by 2 to cover the cost of bringing in another contractor.
88
What procedures are required for take-over and transition of the building project to the owner?
- Certificate of Substantial Performance
- Certification of release of holdback
- Final Certificate for Payment (for any outstanding monies once all deficiencies have been corrected and all work under contract completed. This may precede release of hold-back)
- Letters of Assurance
- Final Submissions (ops instructions/maintenance manuals; keys; record docs; warranties; certification of various systems – alarm, sprinkler, HVAC, security, boiler plant)
- Building occupancy
89
What is the architect required to review at project close-out?
At the end of construction, the contract documents generally require the contractor to submit the following for review by the architect:
• municipal Occupancy Permit;
• an annotated set of record drawings and specifications showing all changes made during construction;
• manuals, incorporating the following data:
• maintenance and operating instructions;
• all warranties for materials, equipment, and products;
• copies of all the permits and certificates of authorization issued by the various public utilities companies and Authorities Having Jurisdiction;
• final Clearance Certificate from the respective
provincial or territorial health and safety agencies;
• Statutory Declarations for application for release of holdback from the general contractor and all sub-contractors;
• final reports on work carried out to correct deficiencies;
• a list of all contractors and trade subcontractors;
• replacement materials, maintenance products, special tools, etc.
The architect reviews the documents and
submits them to the owner with comments
or recommendations regarding their conformity
with the contract requirements.
- Warranties
- Certificates of inspection
- Equipment manuals
- Workers compensation certificates
- Operating instructions
- Keying schedules
- Maintenance stock
- Record drawings
- Other specified items
(Bulletin 90 Minimum Scope of Services)
90
When is an architect expected to apply their seal? What types of documents are sealed?
The seal is a representation to the public that the architect who applied it takes responsibility for the document and that it was prepared under his/her direct supervision, direction or control.
An architect must apply a seal, with signature and date, to any set(s) intended for submission for approvals and/or for reliance by third parties:
- letters of assurance
- certificates (of payments or substantial completion),
- drawings (including rezoning, DP, BP, IFT, IFC, addenda & drawings included in change orders/SIs)
change orders, drawings and specifications.
- all specifications issued by an architect for approval or reliance by a client or third party
must be signed and sealed.
(Bulletin 61 Seal of an Architect)
91
What is a Certificate of Substantial Performance?
A certificate issued under the appropriate lien legislation attesting that the contract between the owner and the contractor is substantially complete.
92
What is a holdback?
A percentage of the monetary amount payable under a (construction) contract, which is held as security for a certain period of time. The percentage and period of time are based on the provincial lien legislation.
93
What is a lien?
A legal claim on real property to satisfy a debt owed to the lien claimant by the property owner. This claim can carry the right to sell the property upon default.
94
What is the Architects Act?
The Act is the legislation that governs the architectural profession throughout the province. Its underlying purpose is to protect the public interest.
95
What does the Architects Act specify?
The Act specifies the legal responsibilities for those who practice architecture, including qualifications, professional conduct standards, liability, and certificates of practice. It also establishes the authority and mandate of the Architectural Institute of British Columbia, the regulatory body for the profession.
96
What are the Code of Ethics and Professional Conduct?
Enabled by the Act and AIBC Bylaws, the AIBC’s Code of Ethics and Professional Conduct establishes the core professional and ethical standards for architects, associates, temporary licensees and firms. The Code of Ethics is built around those AIBC Bylaws that set out the principles, values, and standards of behaviour for the profession, supplemented by council rulings and commentary.
97
What is the architect's duty to the client, the public and to profession?
Client: to ensure proper professional service & judgement
Public: Ensure that your professional affairs respect social standards and the environment
Profession: Requirements to uphold and respect the dignity of the profession
98
What is AIBC 6C and AIBC 8C?
AIBC 6C: AIBC Standard Form of Contract 6C Between Client and Consultant (other consultants engaged separately)
AIBC 8C: AIBC Standard Short Form Contract Between Client & Consultant
99
When would a short form contract be appropriate for use?
This Short Form Contract is recommended for use as either:
- A stand-alone contract for small, simple projects or limited scopes of service (e.g. feasibility study; building analysis; programming); or
- An interim contract, permitting professional services to start while a more appropriate and complete contract is being prepared and executed.
100
What constitutes an architect’s “basic services”?
Basic services are normally provided (or coordinated, for engineering services - mech, struct, elec) as integrated set by architect under Standard Forms of Agreement
101
What are an architect's responsibilities for cost estimating on a project?
Per Tariff of Fees, Cost Estimating is an additional service, or a Quantity Surveyor could be engaged to do the work. Instead, our basic services include providing a statement of probable construction costs.
102
What is a Development Permit?
A DP is used to guide the form and character of commercial, multiple dwelling residential, industrial and comprehensive developments including these uses.
The DP process works to prevent development from creating hazardous conditions, protecting the natural environment, and ensuring development is in line with
Community objectives.
103
What codes and regulations does a Development Permit submission have to meet?
Code: building height, building area occupancy, construction requirements, fire department access
Regulations: dependent on AHJ, can include compliance with OCP & zoning (or variance requested), design rationale, site survey, arch DP drawings, include zoning info, FSR, % lot coverage, setbacks, vehicular & bike parking requirements, landscape DP drawings
104
What are the responsibilities of Advisory Design Panels?
The Advisory Design Panel reviews development applications and public projects against urban design objectives.
They advise City Council and staff based on building relationship, siting and location within the subject and surrounding property, mass or scale of building, design, landscape, exterior finishes, impact on neighbourhood, crime prevention and environmental impact.
105
What should be included in a bid package?
1. Bid info & requirements (bid form, bid bond, consent of surety, pre-bid info)
2. Contract Forms & Bond Requirements
- model contract including general conditions
- supplementary conditions (i.e insurance requirements, performance, labour & material bond)
- cash allowance
- contingency allowance
3. Specifications
(General requirements Div 1, technical specs, independent testing requirements)
4. Site Info
- survey, geotech report, environment report
5. Drawings & details
6. Construction Schedule
7. Addenda
106
What are construction contract documents? Who signs them? Who has authority to make changes to
them?
```
These are the Construction Contract Documents in order of priority of documents, from highest to lowest:
− the Agreement between the Owner and the Contractor,
− the Definitions,
− Supplementary Conditions,
− the General Conditions,
− Division 1 of the Specifications,
− technical Specifications,
− material and finishing schedules,
− the Drawings.
```
107
Who is responsible for additional construction costs due to work stemming from a hidden or unforeseen
condition?
The client
The Consultant will promptly investigate such conditions and make a finding. If the finding is that the conditions differ materially and this would cause an increase or decrease in the Contractor's cost or time to perform the Work, the Consultant, with the Owner's approval, will issue appropriate instructions for a change in the Work as provided in GC 6.2 - CHANGE
ORDER or GC 6.3 - CHANGE DIRECTIVE.
If the Consultant finds that the conditions at the Place of the Work are not materially different or that no change in the Contract Price or the Contract Time is justified, the Consultant will report the reasons for this finding to the Owner and the Contractor in writing.
108
What are shop drawings?
Shop drawings ensure and confirm the accuracy,
size, and other specific data about a product or
material prior to final purchase, fabrication or
delivery. Shop drawings are prepared to indicate:
• accurate dimensions, size, quantity, and
location;
• precise fabrication methods;
• construction and/or field erection
techniques;
• information to coordinate related trades
or adjacent work;
• elaboration on diagrammatic information;
• confirmation of the selection of options,
such as colour or finish. (CHOP)
109
What specific items are you looking for when reviewing shop drawings? What are the architect's responsibilities in reviewing shop drawings?
- Look for stamp/date/signature from Contractor confirming review of shop drawing
- The Consultant's review is for conformity to the design concept and for general arrangement only
(CCDC 2)
- The architect must take care to review only those portions of the shop drawings which relate to the architectural design. The consultants and engineers are
responsible for reviewing their part of the
design (CHOP)
110
What are the standard procedures for resolving a dispute between the architect and the contractor over
the interpretation of the construction contract documents?
Except with respect to GC 5.1 - FINANCING INFORMATION REQUIRED OF THE OWNER, the Consultant will be, in the first instance, the interpreter of the requirements of the Contract Documents.
Interpretations and findings of the Consultant shall be consistent with the intent of the Contract Documents.
Differences between the parties to the Contract as to the interpretation, application or administration of the Contract or any failure to agree where agreement between the parties is called for, herein collectively called disputes, which are not resolved in the first instance by findings of the Consultant as provided in GC 2.2 - ROLE OF THE CONSULTANT, shall be settled
in accordance with the requirements of Part 8 of the General Conditions - DISPUTE RESOLUTION.
111
The architect and client are on site with the contractor. It is discovered that there is an omission in the contract documents and the contractor is requesting a cost extra. There is a dispute regarding who should pay to correct the omission. How would you proceed?
The Contractor shall review the Contract Documents and shall report promptly to the Consultant any error, inconsistency or omission the Contractor may discover.
The Contractor shall not be liable for damage or costs resulting from such errors, inconsistencies or omissions in the Contract Documents, which the Contractor did not discover.
If the Contractor does discover any error, inconsistency or omission in the Contract Documents, the Contractor shall not proceed with the work affected until the Contractor has received corrected or missing information from the Consultant.
112
What are the procedures and documentation required to process a proposed change to a CCDC-2
Stipulated Sum contract? How do you confirm the value of a proposed change?
CCDC recommends the term “Proposed Change.”
The purpose of this form is to alert the contractor
to the proposed change and to provide the
contractor an opportunity to submit a quotation
for additional cost (or credit) or a change in time
(if any) for the proposed change.
Followed by a change order or change directive (CHOP)
