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110 Cards in this Set
- Front
- Back
Select the correct statement: . A. Caulking, when properly applied, may be relied upon to prevent water penetration B. Durability is generally the primary consideration when selecting finish materials C. Samples are not usually required if the product is manufactured. D. As a last resort, an architect has the right to reject work that does not conform to the contract documents.
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D. As a last resort, an architect has the right to reject work that does not conform to the contract documents. |
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All of the following require details which may allow for movement caused by thermal changes, EXCEPT:
. A. Concrete paving B. Wood Framing C. Sheet metal rain gutters D. Metal Storefronts and curtain walls |
B. Wood framing
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Five components to every design decision
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Construction documents have 3 goals
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1. define physical relationships between materials, products, and systems
2. indicate physical dimensions and locations of construction elements 3. sizes, quantities (implicitly), and configurations are shown |
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These express in writing the requirements regarding quality, methods, and techniques of installation and required performance
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Specifications |
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Order of drawings
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1. General
2. Landscape 3. Architectural, 4. Structural 5. Plumbing 6. HVAC 7. electical |
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Type of specs that: 1. closed (sole source) require a particular brand or trade name and do not permit substitution2. open - name several (usually 3) acceptable materials, products or systems
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Proprietary Specs
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Type of specs that define products or systems by describing desired end results that are performance oriented
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Performance Specs |
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Specs that refer to quality standards established by recognized testing authorities or by the federal gov't
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Reference specifications
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- most detailed type of spec- describes all components of products, their arrangement, and relationship of parts, and numerous other details and requirements
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Descriptive Specifications
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Architect directs bidders to set aside a specified amount of money to be applied to the construction work at the architect's discretion
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Cash Allowance Specifications |
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GC guarantees a price that cannot go up or down for the owner for any reason, including if the cost to the GC is greater than the fixed price |
Fixed Price Cost structure |
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Cost structure used when GC is brought on board early. If the cost comes in under the price named by GC, savings goes to owner. If the cost comes in higher, the overrun is paid by the GC. |
Guaranteed Maximum Price (GMP) |
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Cost structure where owner pays construction cost and GC fee |
Cost plus cost structure |
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Name the 3 project delivery methods |
1. Design bid build 2. Construction management 3. Design Build |
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The owner normally carries builder's risk insurance because |
title to construction work passes to the owner in increments as payments are made for each portion of the work |
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The amount of the performance bond is usually what % of the contract sum? |
100% |
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Construction contracts normally require which parties to hold liability insurance? |
Contractor and Owner |
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Who must the owner receive approval from in order to occupy a building prior to substantial completion? |
The contractor and the insurance company |
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Professional liability insurance insures the architect against |
professional negligence |
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An architect inspects the job site twice: |
1. Substantial Completion 2. Final Completion |
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A specialized form of property insurance that provides coverage for loss or damage to the work during the course of construction. Coverage is typically written for full value of work |
Builder's Risk Insurance |
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Includes quality control, quality assurance, and all aspects of service to achieve the goal of customer satisfaction (customer = client, user, public, and the profession) |
Total Quality Management |
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In designing, documenting, and constructing a building, the proper resources and scrutiny are applied to each part of the process in order to prevent errors before they are made or at least to correct errors early before they are compounded |
Quality Assurance |
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Activities over and above normal architectural and engineering services, conducted during the predesign, design, and construction phases, which contribute to the control of time and cost |
Construction Management |
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Calculations involve: characteristics of specified equipment, operating characteristics of the owner's organization and other factors affecting a facility such as changing climactic conditions, assumptions from actual conditions, and average conditions |
Operational Costs |
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What types of insurance must a contractor purchase according to AIA A201? |
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If all bids come in over budget what are the 4 options? |
1. Value engineer quality and/or scope by architect for no additional charge to owner. 2. abandon project and terminate architect's contract. 3. Rebid or renegotiate if market conditions are expected to improve. 4. increase the budget and accept the bid amount |
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What is the minimum amount of time necessary to prepare a bid? |
2 weeks |
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True or False: Bid documents must clearly state the owner's required length of construction period |
True |
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Provision in some contracts that forces the contractor to pay damages to owner if construction takes longer than promised |
Liquidated Damages |
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A sum included in the construction budget to cover unpredictable or unforeseen items of work or changes in the work |
Contingency |
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A part of the contract documents that supplements and/or modifies the General Conditions because of unusual or special circumstances or to accommodate specific project requirements |
Supplementary conditions |
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Bidding Docs include: |
1. Advertisement or invitation to bidders 2. Instructions to bidders and supplementary instructions 3. Bid Form 4. Sample bidding and contract forms 5. Proposed contract docs (including addenda) |
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By submitting a bid, bidder states that he/she has done 4 things. |
1. visited the project site 2. understands the bidding docs 3. has become familiar with local conditions (including ordinances, labor rules, and physical conditions) 4. the bid submitted is based on what is in the docs, no substitions |
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If a bidder wants to propose a substitution, what must he/she do? |
he/she submit the technical docs to the architect for review and evaluation at least 10 days prior to the bid date |
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When is the last time the architect has issue an addenda during the bidding process? |
4 days |
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True or False: A bidder does not have to bid all alternates. |
False |
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Contract in which a specific amount is set forth as the total payment for performance of the contract. |
Stipulated sum contract (aka lump sum contract) |
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A form of bid security executed by the bidder as principal and by a surety to guarantee that the bidder will enter into a contract within a specified time and furnish any required bond.
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Bid bond (aka Forfeiture bond) |
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The contractor and the contractor's surety will pay their subcontractors and will purchase materials for construction in accordance with the CDs |
Labor and Material Payment Bond |
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The surety/bonding company will make good to the owner the debt, default, or failure of the contractor to perform the work |
Surety Bond (aka Bond) |
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Bond guaranteeing to the lender that the project will be complete free of liens |
Completion Bond |
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To protect the interest of the owner, and ensure that the work will be completed in accordance with the contract documents.
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Performance Bond |
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A person or entity who guarantees in writing the performance of an obligation by another. It protects the owner's interest by ensuring that the contractor will do the work |
Surety |
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A claim against an owner's property for outstanding payment due to a sub/vendor/etc. Even if the owner has paid the contractor, the owner is on the hook to pay the claim |
Mechanic's Lien |
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A sum withheld from the progress payments to the contractor and later paid in accordance with the terms of the agreement between the owner and contractor |
Retainage |
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What protections does the owner have against liens? |
1. Retainage 2. Labor and Material Payment Bond 3. Have the contractor submit an affidavit and
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Contractor's certified request for payment for completed portions of the work and, if the contract so provides, for materials or equipment suitably stored pending their incorporation into the work |
Application for Payment (aka Request for Payment) |
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Method of dispute resolution where an arbitrator or panel of arbitrators act as judge and jury. The decision is final and binding |
Arbitration |
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What are the benefits of arbitration? |
It is usually quicker, cheaper, arbitrator has expertise in construction industry, proceedings are private |
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Principal (relating to a bond) |
Contractor |
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Obligee (relating to a bond) |
Owner |
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How long does someone have to enforce the Performance bond for a project? |
2 years from the date on which the final payment under the contract is due |
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True or False: Architect's professional liability insurance protects against an architect giving bad advice to a client regarding the interpretation of a contractor's bond form terminology |
False |
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The substitution of one person for another with respect to legal rights such as right of recovery. (Process by which an insurance company tries to recover funds from party who caused loss) |
Subrogation |
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AIA memo outlining types and limits of insurance coverages carried by contractor. Contractor must provide this memo to owner and provide 30 day notice of cancellation of any policy |
Certificate of Insurance |
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Drawings, diagrams, schedules, and other data specifically prepared for the Work by the contractor or a subcontractor, manufacturer, supplier, or distributor to illustrate some portion of the Work. |
Shop Drawings |
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Illustrations, standard schedules, performance charts, instructions, brochues, diagrams, and other information furnished by the contractor to illustrate materials or equipment for some portion of the work |
Product Data |
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Physical examples which illustrate materials, equipment, or workmanship and establish standards by which the work will be judged |
Samples |
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Which takes precedence - an approved shop drawing or the contract documents? |
Contract documents |
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What is accomplished at the Pre-Construction Meeting? |
It occurs after the GC is chosen. 1. review contract docs and establish admin procedures 2. schedule for submission of submittals 3. Schedule of values/pay apps |
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A statement furnished by the architect reflecting the portions of the contract sum allocated to the various portions of the work and used as the basis for reviewing the contractor's applications for payment |
Schedule of Values |
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AIA G602 Geotechnical Services Agreement |
Can be used by owner as a RFP from a geotechnical engineer for geotechnical services. Soil reports should be made available to GC and bidders for information only and contains no warranties or other representations |
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An ammendment to the construction contract signed by the owner, architect, and contractor authorizing a change in the work, adjustment to the contract sum, the contract time, or all of the above |
Change Order |
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A written order prepared by the architect and signed by the owner and architect that directs a change in the work and states a proposed basis for adjustment, if any, to the contract sum nd/or time |
Construction Change Directive |
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AIA G709 Proposal Request |
Used by the architect to outline work anticipated for a change order.
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AIA G704 Certificate of Substantial Completion |
1. Issued by the architect to establish date of substantial completion. 2. It reestablishes owner/contractor responsibilities - insurance, security, maintanance, utilities, etc. 3. Warranty periods for equipment begins |
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Contractor has fulfilled contract and final certificate of payment has been issued by architect. Contractor must submit affadavit that he/she has paid all payrolls and bills. Contractor must submit written consent from his/her surety company |
Final Completion |
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What are the seven reasons why an architect can deny a payment application? |
1. defective work was not remedied 2. third party claims filed or reasonable evidence indicating the probable filing of claims 3. failure of contractor to make payments properly to subs 4. reasonable evidence that the work cannot be completed for the unpaid balance of the contract sum 5. Damage to the owner and/or another contractor 6. Reasonable evidence that the work will not be completed within hte contract time and the unpaid balance will not be enough to cover actual or liquidated damages for the anticipated delay. 7. persistent failure to carry out the work in accordance with the contract docs |
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If the owner does not pay the contractor within seven days of the architect issuing the certificate for payment, what can the contractor do? |
The contractor can immediately stop work and charge the owner for all extra costs relating to shutting down the site, the delay, and the restarting up of the site |
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AIA Doc G809 - Project Data |
Architect's record of the owner's name/address, basic description of proposed improvements, site description, utility companies, owner's project team - advisors, legal, etc |
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AIA Doc G807 - Project Directory |
Record info about architect's staff, consultants, contractors |
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AIA Doc G805 - List of Subcontractors |
List of subcontractors - filled out by contractor and given to architect |
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Person employed by owner to check on matters at the site and to maintain records of the construction progress |
clerk of the works |
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CSI Masterspec Specifications are divided into what three parts? |
(1) General (2) Materials (3) Execution |
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This spec part deals with the coverage or scope of the spec section. It describes related work, definitions, quality control, submittals, and guarantees/warranties |
General |
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This spec part lists and describes the materials, products, and equipment to be used |
Material |
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This spec part details the manner in which products and materials will be installed and work performed |
Execution |
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Another name for professional liability insurance |
Errors and Omissions Insurance |
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An architect is looking for the best assembly to solve an unconventional requirement presented by the owner, which specification type will benefit the architect most? |
Performance Specs |
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A form of insurance coverage that protects against losses arising from an cause other than specifically excluded perils |
All Risk Insurance (aka Cause of loss - special form) |
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A joint venture agreement between two architecture firms can be found under what AIA document series? |
C - series |
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Indirect liability imposed on a party resulting from the acts or omissions of another person or entity for whose conduct the party is responsible |
Vicarious liability |
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Contract docs consist of what documents? |
All agreements between owner and contractor
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Project manual consists of what documents? |
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True or False: A code official has the authority to enforce ADA requirements. |
False
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What information should be included in the Supplementary Conditions? |
The supplementary conditions should include information about the basic legal rights and responsibilities that may vary from one project to another, such as insurance, indemnification, liquidated damages, legal requirements of the jurisdicton that may differ from the standard language in the general conditions, and fiduciary obligations. Owner and their legal counsel and/or insurance counsel are responsible for preparing these modifications, not the architect. |
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Hazardous materials are uncovered on site (asbestos, mold, etc). The contractor and the owner disagree about the time and cost that the contract should be adjusted. What is the first step to resolving the dispute? . A. the architect acts as the initial decision maker B. the owner and contractor go directly to mediation C. the owner and contractor go directly to arbitration D. the owner and contractor go directly to litigation |
B. the owner and contractor go directly to mediation
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True or False: According to AIA Doc A201, the owner can require the contractor to name him or her as an additional insured on the contractor's liability insurance policy. |
False |
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True or False: According to AIA Doc A201 if the owner chooses not to purchase property insurance and does not notify the contractor of this decision, the owner becomes responsible for all losses that the property insurance would have covered |
True |
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True or False: According to AIA Doc A201, if the owner requires the contractor to purchase project management protective liability insurance it becomes the owner, architect, and contractor's primary vicarious liability insurance for construction operations under that contract. |
True |
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What must a penalty clause be accompanied by? |
A bonus clause |
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When is the ideal time to "value engineer" a project? |
in the initial planning stages |
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Which of the following is a common exclusion of all risk insurance policy? . A. fire damage B. Vandalism C. Acts of war D. boiler explosion |
C. Acts of war |
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True or False: If a building should collapse, the building official could be held personally liable for failing to properly inspect the structure whether or not he or she acted in good faith |
False |
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True or False: The interpretation of the building official having jurisdiction becomes the final decision. |
True |
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Where/when are the administrative procedures for a project established? |
the specs - Division 01 General Requirements |
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These provisions restrict arbitration to the parties joined by the contract, unless the parties (architect, owner, contractor and any other entity to be joined) agree in writing to consolidate arbitrations regarding one specific issue. |
Joinder Provisions |
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Expenses that have been incurred on a project prior to the baseline date and cannot be recovered. Generally disregarded when analyzing life cycle costs |
Sunk costs |
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True or False: Mechanic's liens are permitted on publicly owned projects |
False |
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A statute limiting the time within which an action may be brought, without relation to when injury has yet occurred or been discovered. |
Statute of repose Statute of repose can start on the day a product was manufactured, statute of limitations starts when a person was injured with said product |
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According to AIA Doc B141, the architect must revise the construction cost estimate if bidding does not commence within |
90 days after the architect submits the construction documents to the owner |
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The procedure for submitting shop drawing for architectural woodwork can be found in what spec section? |
Division 01
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True or False: Owner's consent is required before a substitution can be approved |
True |
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According to AIA A101, when must the owner make the final payment to the contractor? |
no later than 30 days after the architect issues the final cert for payment |
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A civil wrong doing caused by negligence, not a criminal act |
tort |
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Who does the architect have direct liability for? |
His employees |
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Who does the architect have contigent liability for? |
His consultants |
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What is the period of time during which a sub must file a lien called? |
lien period |