Conditions of the Contract for Construction

1. Conditions of the Contract for Construction • AIA A 201 General Conditions • Semester Project

2. Construction Documents & Contracts

4. AIA A201 - Introduction Purpose: A legal basis for constructing a project. Use: AIA A201 is the most widely used document for this purpose, especially in “private“ construction projects 2 Basic Things to Remember: • It is general and covers items that are common to every project. It must, therefore be tailored to meet the needs of a specific project by supplementary or special conditions. • It forms a part of the Owner-Contractor Agreement, which is a contract between those parties only. The architect is not a party to that contract and is not permitted to prepare it. Only an attorney is authorized to prepare such a contract. The architect should forward all legal contract forms to the owner. These documents must be reviewed by the owner’s attorney and incorporated into the project manual. Architects should never act unilaterally concerning general, supplementary or special conditions of the contract.

5. Standard Form of General Conditions The conditions of the contract establish the “rules” which are consistent from project to project. They deal with contractual matters not with procedural requirements (refer to Division 1). • Supplementary Conditions: Modify the standard forms, especially with multiple primes, fast-track & cost-plus-fee projects. • Relation to Local Codes & Laws: They override the General Conditions • Rights and Obligations of the Owner Implicit: Access to site & cooperation Explicit: $ contractor & furnish evidence, furnish documentation, copies id CD’s, hire his/her own forces or multiple contractors, stop the work for specific reasons (defective, not in accordance with CD’s, slow progress, does not correct mistakes), owner can make corrections using others. General Conditions assumes 1 prime or GC on the job

6. Major Elements of the General Conditions • Bonds: A form if insurance protecting the owner. Bonds are furnished by surety

7. Major Elements of the General Conditions - Bonds • Performance Bond – guarantees the contractor will perform the work in accordance with the CD’s. • Bid Bond - guarantees the bidder will sign an agreement; usually for 5%-10% of the bid amount the bond will compensate the owner for the $ difference. • Labor & Material Payment Bond - guarantees the contractor will pay all labor and material $

8. Major Elements of the General Conditions - Insurance • Owner • Builder’s risk (property) insurance for full cost of construction up to 100’ away; includes riders for theft, vandalism, etc. • Contractor • Worker’s Compensation - job injuries required by most States • Liability - claims for injuries, sickness & death • Contractual Liability - indemnification; hold harmless • *Personal Injury - slander, libel, false arrest • *Property - explosion, sudden collapse • *Auto

9. Major Elements of the General Conditions - Insurance • Contractor • Worker’s Compensation - job injuries required by most States • Liability - claims for injuries, sickness & death • Contractual Liability - indemnification; hold harmless • *Personal Injury - slander, libel, false arrest • *Property - explosion, sudden collapse • *Auto

10. Major Elements of the General Conditions • Liens • Contractor, supplier or worker can force the sale of property to satisfy the claim ofnon-payment by the owner. • Liens encumber the owners title and effect their credit rating • Not permitted in public projects • Federal projects require material and labor bonds are per the Miller Act. • After each payment the owner may ask for aRelease of Liens for the amount of that payment

11. Major Elements of the General Conditions - Shop Drawings & Submittals • Responsibility of the Contractor • Prepare shop drawings based on verified field measurements, construction criteria; checked and coordinated drawings with a stamp; submit drawings, data & samples per specs.

12. Major Elements of the General Conditions - Shop Drawings & Submittals • Responsibility of the Architect • Review and “approve” or take other action on shop drawings • Architects DO NOT review un-stamped submittals • Architect's approval is for conformance to the contract documents only; the contractor is responsible for deviations even on architect approved submittals

13. Major Elements of the General Conditions • Time Limits, Schedule & Delay • Work must be completed within the allotted # of days; liquidated damages & bonus clauses • Time extension for force majeure (Acts of God) • Payment Procedures • Contractor must submit a schedule of values • Contractor get money for mobilization and submittals • Contractor must submit payment application for architect certification (approval of rejection) • Site Safety

14. Major Elements of the General Conditions • Substantial Completion: Owner occupancy (C of O issued), warranty period starts (contractor & material), partial payment released; not final completion yet, but close. • Role of the Contractor: make punch list and review with Architect & correct all problems • Role of the Architect: inspect and observe and expand punch list • Role of the Owner: signs the Certificate of Substantial Completion; pay full contract sum less incomplete work; property insurance ends, bonds voided, surety notified

15. Major Elements of the General Conditions • Record Drawings • Contractor is req. to maintain copies of all dwgs, specs, addenda, change orders and up date them as the project progresses; inc. shop dwgs., product data and samples. • Final Completion • When punch list work is complete and a final application for payment is issued, final inspection occurs by architect and issues final payment certificate to owner; contractor must issue affidavit of release of liens. • Project Closeout • Refer to Div. 1, submit record drawings, spare parts, testing, start-up, etc.

16. How it is supposed to work • When things go the way they are supposed to, the architect’s interaction is essentially one of answering questions about design intent and possibly issuing a few supplemental instructions. • The contractor significantly marks up submittals, and pre-installation conferences are held at the contractor’s request. • If all went as intended, a project would go something like this……

17. How it is supposed to work • Architect designs project and issues design drawings (drawings locate, specifications establish quality) • Contractor develops planfor procuring the work and allocates work among trades • Contractor and trades develop a plan for placing the work and prepare composite coordination drawings and alternate sketches • Trades prepare submittals and submit to contractor

18. How it is supposed to work • Contractor coordinates trade submittals with the plan for the work, marks up and approves submittals, and submits to architect • Architectreviews submittals for conformance with design concept • Contractor and trades construct with approved submittals • Contractor issues RFIs for questions that cannot be answered from the information given or for questions about discrepancies in the architect’s documents • The architect responds to RFIs with answers to questions.