Term
| What are 4 scenarios when substitutions may be allowed during construction? |
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Definition
Owner-initiated substitutions
Contractor-initiated substitutions
Integrated project delivery
Unavailability of product |
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Term
| Who is responsible for researching substitution equivalency? |
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Definition
| Whoever is proposing the substitution. |
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Term
| What is the foremost concern in substitution review and approval? |
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Definition
| Does it meet the requirements of the contract documents? |
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Term
| When are change orders used? |
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Definition
| to modify the contract docs when cost, time, or both are affected. |
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Term
| When are minor changes used? |
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Definition
| When neither time nor cost are affected. |
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Term
| What is the difference between a Change Order and Change Directive? |
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Definition
Order: written instruction to contractor issued after execution of the agreement. Change in cost or time was agreed by Owner and Contractor.
Directive: used when in absence of agreement on terms of change, e.g. when the value of a change cannot be determined until after the work is performed. Must be signed by owner and architect. |
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Term
| List 3 ways to request written contract doc modifications. |
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Definition
Proposal request
Change order request
Request for substitutions
(PDPG 13.9.2.1) |
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Term
| What does PAL stand for in regards to meetings? |
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Definition
| Purpose, Agenda, Limit (time) |
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Term
| Where are the meeting requirements for the contract typically detailed? |
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Definition
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Term
| What is the distinction between observing and inspecting? |
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Definition
| Dictionaries define observe as to perceive, notice, see, whereas inspect means to examine carefully and critically, especially for defects. |
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Term
| Who is responsible for arranging inspections from AHJs? |
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Definition
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Term
| Does the A/E have the right to reject defective work? |
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Definition
| Yes, but does not have the right to approve to approve defective to be kept (only the owner can do that). |
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Term
| Define Substantial Completion. |
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Definition
| The date established by the A/E when the project, or a portion of the project, is so nearly complete that the owner may use the project for its intended purposes. (PDPG 13.7.2) |
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Term
| When does Final Completion occur? |
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Definition
The contractor has completed the contract requirements
The A/E has inspected to determine completion
The owner has made final payment to the contractor
The contractor has accepted the final payment (PDPG 13.7.2) |
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Term
| Who is responsible for planning, maintaining, and supervising construction safety measures and programs? |
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Definition
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Term
| Does the A/E have authority to order the contractor to stop work? |
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Definition
| No. The general conditions of the contract describe the conditions under which the contractor can stop work or terminate the contract and the procedures the contractor must follow when doing so. (PDPG 13.7.9.1) |
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Term
| Are shop drawings contract documents? |
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Definition
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Term
| What is a schedule of values? |
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Definition
| A list of completed aspects of the project submitted to the A/E for approval prior to the first application for payment. PDPG 13.12.1 |
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Term
| What are three types of payment intervals? |
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Definition
Periodic progress payments
Provisional payments
Single payment
(PDPG 13.12.2) |
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Term
| What is the typical interval for periodic progress payments? |
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Definition
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Term
| What are provisional payments? |
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Definition
| Predetermined partial amounts of the total contract sum tied to the attainment of identifiable milestones. (PDPG 13.12.2) |
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Term
| What are the three types of basis of payment? |
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Definition
| stipulated sum, cost plus fee and unit price. |
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Term
| What is the purpose of payment application forms? |
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Definition
| The contractor prepares the application and certifies that the work covered by the application conforms with the requirements of the contract documents and that all the previous amounts paid to the contractor have been properly applied to discharge the contractor’s obligation to others furnishing materials and labor on the project. (PDPG 13.12.7.1) |
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Term
| What two items must the owner receive before being obligate to make a progress payment? |
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Definition
| the contractor's application and certificate for payment, with the A/E's certification. |
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Term
| What is the purpose of the retainage? |
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Definition
| It protects the owner against errors in estimating the value of work completed or defective work and is used to settle other participant (third-party) claims against the contractor before the release of the final payment. (PDPG 13.12.9) |
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Term
| What are the A/E's rights and responsibilities regarding withholding payment to the contractor? |
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Definition
| The A/E has the right, and the responsibility, to withhold payment of the whole of any part of the payment application in order to protect the owner. (PDPG 13.12.10) |
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Term
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Definition
| A lien is the legal right of a party or claimant, such as a subcontractor, to control the improved property of another or have it sold for payment of a claim. |
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Term
| When are liquidated damages usually invoked? |
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Definition
| Liquidated damages stated in the agreement are usually invoked when substantial completion is not achieved by the indicated date or within the indicated time. (PDPG 13.12.13) |
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Term
| Why does Final Payment often require a Change Order? |
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Definition
| Final payment often requires the processing of a final change order to balance previous payments against the final payment and final contract amount. (PDPG 13.12.15) |
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Term
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Definition
| Claims are initial requests for adjustments in contract sum or time. |
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Term
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Definition
| Disputes are claims that cannot be resolved by the parties to the construction contract without the intervention of an impartial third party. (PDPG 13.11) |
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Term
| What is the difference between a claim and a dispute? |
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Definition
| A claim is an initial adjustment in contract sum or time. A claim becomes a dispute when an agreement cannot be reached between parties. |
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Term
| What proof must a contractor provide when filing a claim? |
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Definition
| The contractor is required to provide clear documentation that a changed condition actually was not foreseeable at the time of pricing and resulted in demonstrable damages. (PDPG 13.11.1.1) |
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Term
| What are the main reasons for third party claims? |
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Definition
| Injury or death to persons and property damage claims are high on the list in terms of frequency and severity. (PDPG 13.11.1.3) |
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Term
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Definition
| The right to benefits specified by law or contract. (PDPG 13.11.2) |
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Term
| What are the two determinations needed for contractor entitlement? |
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Definition
| First, the claim is evaluated to determine whether the contract documents adequately identify the claim as being within the contractor’s contractual obligations. The second determination is the timing of the claim. (PDPG 13.11.2.1) |
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Term
| What determines Owner Entitlement? |
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Definition
| whether the work in question required of the contractor by the owner may be reasonably inferred from the contract documents. (PDPG 13.11.2.2) |
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Term
| What are the advantages of Alternative Dispute Resolution Provisions? |
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Definition
| Alternative dispute resolution provisions can prevent a single party from initiating litigation and provide a suitable method to economically and expeditiously addressing disputes. (PDPG 13.11.4) |
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Term
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Definition
| An extension of negotiation whereby a neutral party acts as a facilitator to aid the parties in finding a mutually acceptable settlement of the claim. (PDPG 13.11.4) |
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Term
| AIA 201 states the contractor has sole responsibility and control over which 7 construction activities? |
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Definition
1. Means
2. Methods
3. Techniques
4. Sequences
5. Procedures
6. Coordination
7. Job Site Safety
AIA 201 |
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Term
| The responsibility of inspecting work already performed for proper condition to receive subsequent work lies with the.... |
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Definition
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Term
| True or False? The Contractor's superintendent cannot be changed without Owner consent and superintendent communication is binging as if given by the contractor. |
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Definition
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Term
| Who establishes the date of Substantial Completion? |
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Definition
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Term
| Under AIA 201, who is required to pay sales, consumer, use and similar taxes for the work provided? |
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Definition
| The Contractor AIA 201, 3.6 |
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Term
| Under AIA 201, who has the authority to stop the work, if nonconforming work fails to be corrected? |
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Definition
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Term
| The contract clauses that establish payment responsibilities are found where? |
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Definition
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Term
| True or False: Acceptance of final payment constitutes a waiver of claims by the contractor, subcontractor, and material supplier. |
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Definition
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Term
| What is an instrument of service according to AIA A201 |
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Definition
| Instruments of service represent every embodiment of the professional services that the architect provides, regardless of the form. Sec 1.1.7 |
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Term
| What is the responsibility of the Initial Decision Maker? |
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Definition
| Usually the A/E, they render initial decisions on Claims and certify termination of the agreement. AIA A201 1.1.8 |
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Term
| What is the procedure for using a substitution? |
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Definition
| The contractor may make substitutions only with the consent of the Owner, after evaluation by the Architect and in accordance with a Change Order or Construction Change Directive. AIA A201 3.4.2 |
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Term
| Who pays sales, consume, use and similar taxes for the work provided by the contractor? |
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Definition
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Term
| Who secures and pays for the building permit and other permits, fees, licenses and inspections by govt agencies? |
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Definition
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Term
| What two items must be prepared by the contract promptly after being awarded the contract? |
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Definition
| The contractor's construction schedule for the work and the submittal schedule. AIA A201 3.10 |
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Term
| What triggers the contractor's obligation to indemnify? |
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Definition
| An act or omission of the contractor or one of the contractor's agents or employees, and covers the indemnitee's loss only to the extent that it was caused by such act or omission. AIA A201 3.18.1 (Note) |
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Term
| Until when does the A/E provide administration of the contract? |
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Definition
| Until the date the Architect issues the final Certificate for Payment. AIA A201 4.2.1 |
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Term
| Who has the authority to order the contractor to stop work? |
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Definition
| While the A/E has the authority to reject work, only the owner may order the contractor to stop work. AIA A201 4.2.6 |
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Term
| When does a Change Directive become a Change Order? |
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Definition
| When signed by the Contractor, indicating agreement with all the terms contained within. Changes are effective immediately. |
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Term
| TRUE OR FALSE: by executing the Agreement, the contractor confirms that the Contract Time as a reasonable period for performing the work. |
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Definition
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Term
| What is a Schedule of Values and when is it submitted? |
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Definition
| When the contract is based on a stipulated sum or GMP, the contractor shall submit to the Architect, BEFORE the first application for payment, a schedule of values allocating the entire contract sum to the various portions of the Work and prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. AIA A201 9.2 |
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Term
| When does the title for completed work pass to the Owner? |
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Definition
| The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of Payment. AIA A201 9.3.3 |
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Term
| Note: Any payment or partial use or occupancy does NOT constitute acceptance of work not in accordance with the Contract Documents. AIA A201 9.6.6 |
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Definition
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Term
| When is the punch list prepared? |
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Definition
| Before certification of Substantial Completion. AIA A201 9.8.2 |
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Term
| When do warranties required by the contract documents commence? |
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Definition
| ON the date of Substantial Completion |
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Term
| What are the 3 steps in deciding a Claim? |
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Definition
1. Initial Decision Maker
2. Mediation (the parties shall share the mediator's fee and any filing fees equally)
3. (Binding Dispute Resolution) Arbitration |
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