Term
| Substantial Completion (per A201) is defined as: |
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Definition
| It is "that point in the Project when the Project can be occupied for the purpose for which it was designed." |
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Term
| In accordance with B141, which of the following statements is true concerning the Architect's Responsibility to Provide Contract Administration Services? |
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Definition
Rejecting Work: It is NOT only the Owner right to reject Work not in accordance with the Contract Documents, the Architect has substantial rights here, including rejecting Work.
Testing: In the Contract Administration Phase, the Architect may call for
additional testing but this right DOES NOT give rise to a responsibility the Architect must assume for additional testing. In other words, just because the Architect CAN call for additional testing, there is no responsibility to do so.
Contractor Submittals: be very careful here. the Architect reviews Contractor Submittals to determine their conformance with the design concept expressed in the Contract Documents. The Architect does NOT review Contractor Submittals for the accuracy and completeness of details such as
dimensions and quantities. |
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Term
| In accordance with B141, which of the following statements is true concerning Construction Cost and Compensating the Architect? |
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Definition
The Architect has the right to bill monthly. the Architect DOES NOT have to wait until the conclusion of a phase of Design Service to bill for a lump sum.
Remember, there is NO Standard Rate for building types as enforced by the AIA for any method of compensation.
Example: Consider this situation, there is not yet a Construction Contract, so obviously the real cost of the building is not known since there is not yet a Bidder offered the Contract. In this situation, the Architect's fee is based on the Architect's estimate of the Cost of the Work, if available (the method of compensation referred to here is a "Percentage of Construction Cost"). |
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Term
| Concerning a Change Order and a Construction Change Directive, which of the following statements is true (per A201)? |
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Definition
A Change Order: requires the signature of the Owner, Architect, and Contractor (all
three).
A Construction Change Directive:
-only requires the signature of the Owner and the Architect.
-forces Contractor to proceed with work even if they are in disagreement with compensation. |
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Term
| A Construction Change Directive: |
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Definition
-only requires the signature of the Owner and the Architect.
-forces Contractor to proceed with work even if they are in disagreement with compensation. |
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Term
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Definition
requires the signature of the Owner, Architect, and Contractor (all
three). |
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Term
| In accordance with B141, which of the following statements is true concerning the Evaluation of Budget and the Cost of the Work? |
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Definition
If the budget for the Cost of the Work is exceeded by the lowest bona fide bid or negotiated proposal, the Owner may require the Architect to modify the documents.
So, even if there is not an official Limit of Fixed Cost Agreement in place, B141 makes it clear that there is still the possibility that the Owner may exercise his/her rights to make the Architect modify the documents, and this modification would have to be done at NO additional compensation to the Architect. |
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Term
| In accordance with B141, or acceptable practice since 1987, which of the following statements is true concerning Termination or Suspension? |
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Definition
Remember, the Owner can Suspend a project for a very long time - certainly in excess of 30 days if proper notification is given of the Suspension. Yet, if the Owner
Abandons the Project for more than 30 days, then the Architect is indeed due
Termination Expenses. This has been the acceptable practice defined in B141 since 1987. |
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Term
| It is important to know the difference in Suspension and Abandonment. |
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Definition
Suspension LESS than 30 days: The Owner may "Suspend" a project with no penalty whatsoever for 30 days.
Suspension MORE than 30 days: Beyond the 30 day limit, the Owner is going to have to pay to the Architect any costs that were incurred by the Architect for the interruption
and resumption of services.
When a project is officially Suspended (that means the Suspension is beyond 30 days, the Owner has officially notified the Architect, and the Architect's compensation
is made up-to-date) the project could be legally suspended for years and neither party has the right to Terminate without suffering Termination Expenses.
Abandonment:If the Project is receiving no attention from the Owner and the 30 days of "grace" which can be credited to Suspension goes beyond 90 consecutive days, then the project is considered to be Abandoned. In this
case the Architect may choose to Terminate and is due Termination expenses from the Owner.
If the Project is Terminated during Schematic Design, the Architect would receive 20% Termination Expenses. That can be substantial. |
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Term
| In accordance with B141 and Miscellaneous Provisions, which of the following statements is true? |
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Definition
Understanding when the beginning date for statutes of limitations is crucial to answering this question correctly.
Statues of Limitations: Knowing exactly when the beginning date is for "occurrences" that happen before Substantial Completion, between Substantial Completion, and Final Completion and after Final Completion.
For example, the statutes of limitations for acts or failures to act ("occurrences") before the date of Substantial Completion are considered to begin at Substantial Completion.
Indemnity: Additionally, since legal exposure is potentially harmful to the Architect, B141 provides that the Architect and the Owner agree to waive all rights against each other (“indemnify”), but only to a certain "extent." This "extent" is related to insurance. In other words, they will hold each other harmless beyond the extent of their respective insurance coverage.
Hazardous Materials: Finally, hazardous material in the Project create a potentially litigious situation for the Architect.
Therefore, B141 takes this position:
The Architect is NOT responsible for the discovery of hazardous materials in the Project, and, if hazardous materials are discovered, the Architect is NOT responsible for their disposal. |
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Term
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Definition
Knowing exactly when the beginning date is for "occurrences" that happen before Substantial Completion, between Substantial Completion, and Final Completion and after Final Completion.
Example, the statutes of limitations for acts or failures to act ("occurrences") before the date of Substantial Completion are considered to begin at Substantial Completion. |
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Term
| In accordance with C141, which of the following statements is true concerning the Consultant's Services? |
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Definition
- The C141 Agreement the Consultant signs with the Architect is termed "This Part of the Contract."
- The Consultant is never the Partner of Agent of the Architect under the C141 Agreement.
- The Consultant is bound to the Architect in the same manner and extent under C141 as the Architect is bound to the Owner under B141. |
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Term
| The B141 Agreement is referred to as the ___ ___. |
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Definition
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Term
| In accordance with C141, which of the following statements is true concerning the Consultantʼs Contract Administration Services? |
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Definition
Exactly like the Architect, the Consultant is NOT responsible for construction means
and methods.
The Consultant assists the Architect in reviewing the amounts due the
Contractor (based on the Contractor's Application for Payment) and where he/she
certifies that amount is very important.
The Consultant certifies the appropriate
amount of $$ directly to the Architect - never the Owner.
The consultant never communicates with the owner. |
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Term
In accordance with C141, which of the following statements is true concerning the
Consultantʼs Construction Administration Services? |
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Definition
The time frame of the Consultant's responsibilities during this is the same as the Architect's as defined in B141.
Also, The Consultant has NO right to direct even a "minor change" in the Work even if those changes do not affect Contract Time or Contract Sum (time or money).
It makes no difference if Minor Changes are consistent with the intent of the Contract Documents.
The Consultant has the right of access to the Work which is designed by the Consultant whenever the Work is in preparation or progress. |
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Term
Construction Administration Services in
C141? |
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Definition
| Understanding the relationship of the Architect's schedule with the Owner to that of the architect's schedule to the Consultant is a focus. |
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Term
In accordance with C141, which of the following statements is true of the
Consultantʼs Changes in Services? |
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Definition
Changes in the scope of work for the Consultant is often a sensitive care for the Architect because of additional compensation which might be due to the Consultant.
The timing of Code enactments is often a point of contention. This says that the Consultant is due additional compensation if any Code revisions are enacted AFTER the signing of C141 which cause necessary revisions to the Consultant's documents.
It is the time of the revised or new Code enactment that is critical to determining whether or not the Consultant is due additional compensation. A change in the Consultant's scope of work is often a legitimate reason a Consultant would be due additional compensation. C141 makes
it clear that the Consultant IS contractually due additional compensation as a result of the Owner changing the scope, even such a change in scope requires the Consultant to make revisions to the Consultant's documents. |
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Term
| In C141 Consultantʼs Changes in Services, It is the time of the revised or new Code enactment that is critical to determining whether or not ____________. |
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Definition
| the Consultant is due additional compensation |
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Term
In accordance with C141, the Architectʼs Responsibilities, and the Consultantʼs
Contract Administration Services, which of the following statements is true? |
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Definition
Clarifications: The Architect has NO right to issue clarifications of the Consultant's documents without first conferring with the Consultant.
Equipment: C141 has certain obligations the Architect has to the Consultant. One important one is with regard to equipment the Consultant must be knowledgeable of in the design, but does not actually design (like food service equipment, hvac, equipment, computers, etc. - the Consultant does not actually design these pieces).
C141 says this about this kind of equipment: On the Consultantʼs request, the Architect has the responsibility to furnish detailed layouts and equipment design loads to the Consultant for any equipment that is not furnished (designed or specified) by the
Consultant.
Notifying Consultant of Contractors errors: the Architect's responsibility to notify the
Consultant if there are any discovered faults or defects in the Work of the Contractor.
Notifying Consultant of Consultant's errors: The Architect has an ethical, AND legal and contractual, responsibility to notify the Consultant if there are any discovered faults or defects in the Consultant's documents. |
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Term
In accordance with C141 and Evaluation of Budget and Cost of Work, which of the
following statements is true? |
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Definition
The Architect may have to modify his/her documents if the lowest bid or negotiated proposal exceeds the Owner's budget, so the Consultant may be required by the Architect to revise the Consultant's documents at no additional cost to the Architect.
Note: If the Architect should exercise his/her rights here and require the Consultant to revise the Consultant's documents, the Consultant, after conferring with the Architect, may include alternate bids to adjust the estimated Cost of the Work for This Part of the Project to meet the Ownerʼs budget. |
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Term
In accordance with C141, which of the following statements is true concerning
Arbitration? |
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Definition
The Consultant is bound to the procedure of
arbitration under the C141 Agreement. In other words, C141 binds the Consultant to
arbitration before pursuing litigation. Also, Arbitration under the C141 Agreement is
limited to those parties to the C141 Agreement. In other words, only those parties to
the C141 Agreement have the right and responsibility to arbitrate - other parties may
be consolidated with an arbitration, but only those parties to C141 can demand
arbitration). And finally, should litigation follow arbitration, the award (or judgment)
rendered by arbitration shall be entered into court as evidence. |
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Term
In accordance with C141 and Miscellaneous Provisions, which of the following
statements is true? |
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Definition
The C141 Agreement is
governed by the law applicable to the Architect's (NOT the Consultant's and NOT the Owner's) principal place of business.
This question focuses on law and geography. |
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Term
In accordance with C141 and the Payments to the Consultant, which of the following
statements is true? |
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Definition
The Consultant is due payment for services only after the Architect receives compensation from the Owner under the Prime Agreement.
The Consultant is NOT compensated directly by the Owner
The time of the Consultant's payment is directly dependent on the Architect's compensation status with the Owner. |
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Term
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Definition
Income is recorded as it is received not as earned)
Advantageous for tax purposes, since you only pay tax on money actually received.
Very poor for the financial position of a project at any given time, because moneys actually earned donʼt show on financial records - only moneys actually expended (direct and indirect expenses, overhead, etc.) |
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Term
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Definition
Income is recorded as it is earned (not as received).
Advantageous for analyzing the financial position of a project, since
expenditures against earnings can be easily determined |
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Term
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Definition
| when you knew better (or should've known better), and you did it anyway. |
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Term
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Definition
| buffer money, just in case architect is wrong. until there is a real cost, the owner can hold money back until the job is finished. |
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Term
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Definition
to “hold harmless” another party; to
protect another party; to make reimbursement or compensation for the incurred loss of another party |
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Term
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Definition
| “Occurrences” can lead to “claims” |
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Term
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Definition
| something that happens on a job site that effects it |
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Term
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Definition
| how long before you can not be held accountable for something you designed/built. responsibility to deliver a building that works for a certain amount of time. |
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Term
| Statues of Limitations: if Occurrence happens Before Substantial Completion, |
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Definition
| S.o.L. begin at Substantial Completion |
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Term
| Statues of Limitations: if Occurrence happens Between Substantial Completion and Final Completion- |
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Definition
S.o.L. begin at Final
Completion |
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Term
| Statues of Limitations: if Occurrence happens After Final Completion |
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Definition
| the date of the occurrence must be determined |
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Term
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Definition
An Important Prerequisite to Litigation Under C141.
C141 binds the Consultant to this before pursuing litigation, but the Consultant only must do this with those parties in the C141 - others have no right to demand this.
The award (judgment) of this is entered as evidence if litigation does follow - powerful! |
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Term
| Governing Laws of C141. C141 is governed by the law(s) applicable ______- not ___,____,or____. |
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Definition
| to the Architectʼs place of business; NOT the Ownerʼs place of business and not the Consultantʼs and not the Contractorʼs |
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