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Construction Administration:Contact, Contract or Crisis?

Presented by the St. Louis Chapters of the:

AMERICAN INSTITUTE OF ARCHITECTS

CONSTRUCTION SPECIFICATIONS INSTITUTE

AIA St. LouisCONTINUING EDUCATION WORKSHOPS

Construction AdministrationContact, Contract, or Crisis?

Scott Whitcraft, RA, CSI, CCS, LEED APSpecifications and Technical ConsultantD.L. Neuner [email protected] Certifications Chairman

AIA St. LouisCONTINUING EDUCATION WORKSHOPS

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The Construction Specifications Institute is a Registered Provider with The AmericanInstitute of Architects Continuing Education Systems. Credit earned on completion ofthis program will be reported to CES Records for AIA members. Certificates ofCompletion for non-AIA members available on request.

This program is registered with the AIA/CES for continuing professional education.As such, it does not include content that may be deemed or construed to be anapproval or endorsement by the AIA of any material of construction or any method ormanner of handling, using, distributing, or dealing in any material or product.Questions related to specific materials, methods, and services will be addressed atthe conclusion of this presentation.

AIA

3The Construction Specifications Institute

What’s in a name?

The three practice models:

• Contact management: Interpersonal relations

• Contract management: Forms and procedures

• Crisis management: Reaction and response


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What is it?

Construction Contract Administration:– The activities necessary to effect and determine

the fulfillment of the Contract requirements by all parties.

– Established and controlled by the Contract Documents.

– Implemented by team effort with a common goal: A completed facility ready for its intended use.


How Documents define CA

• The entirety of Contract Documents define the cost, time and extent of the Work = the quality you intend.

• Technical provisions guard the process by requiring sound practices from everyone.

• Administrative requirements balance roles & responsibilities

• Contract Documents set the boundaries of performance.


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The Construction Specifications Institute

DOCUMENT CONTROL

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Starts with Standard Agreements

• AIA “Family” concept of documents.

• Advantage of commonly used legal terms, consistently applied.

• Integrated contracts balance team responsibilities.

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Standardization

• Benefits:– More quickly locate errors / deviations

– Identify missing elements

– Use terminology and concepts shared widely

– Information is located in the same place

– Allow consistent and repeatable communications

– Let’s you focus on what counts.


Opportunities for standardization

• Contract forms and provisions

• Informational structure

• CAD standards

• Product standards

• Specification formats

• Field forms and communication90% of all document creation procedures are the same across firms. Standardize, and focus on the 10% that matters.


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Relationship of requirements


Information ManagementOMNIClass

• 11 – Construction Entities by Function

• 12 – Spaces by Function

• 13 – Construction Entities by Form

• 14 – Spaces by Form

• 21 – Elements

• 22 – Work Results

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• 23 – Products

• 31 – Phases

• 32 – Services

• 33 – Disciplines

• 34 – Organizational Roles

• 41 – Information

• 42 – Materials

• 49 - Properties


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UniFormatTM

• Developed by CSI

• Uniform classification system for organizing preliminary construction information into a standard order or sequence on basis of systems and assemblies

• Numbering used for BIM object families.


UniFormatTM

Project Description Categories


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UniFormatTM

Example of Levels1 A Substructure

2 A10 Foundations

3 A1010 Standard Foundations

4 A1010.10 Wall Foundations

5 A1010.10CF Continuous Foundations


MasterFormatTM

• Developed by CSI, CSC

• Major revision in 2004

• Organization structure for the subject matter for construction of a project, and operation, and maintenance of a facility

• www.masterformat.com


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MasterFormatTM

• Divisions– 50 division format

– Not organized around traditional subcontracts or construction trades

– Follows logical groupings of work results

• Sections– 6 digit numbers (some 8)

– Section covers one portion of work results

– Broad and narrow scope versions

– Consistent location of information


MasterFormatTM

Levels of decision making

1 – Division 04 - Masonry

2 – Section 04 20 00 – Unit Masonry (Broad Scope)

3 – Section 04 21 00 – Clay Unit Masonry (Medium Scope)

4 – Section 04 21 13 – Brick Masonry (Narrow Scope)

5 – Section 04 21 13.13 – Brick Veneer Masonry (Very Narrow Scope)


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BIM: LEVEL OF DETAIL

• AIA E203

Digital documents

LOD development


Basic Definitions

• The Contract Documents – Enumerated in Owner-Contractor Agreement

• Agreement• Conditions of the Contract• Drawings• Specifications• Addenda• Other documents listed• Modification

– Modifications

• Written amendment • Change order• Construction change directive• Written order for a minor change


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Characteristics of Drawings

• Drawings indicate quantitative requirements– Size

– Form

– Quantity

– Relationships

– Generic representations

• Drawings are not:– Dumping grounds for

undeveloped decisions


Characteristics of Specifications

• Defines qualitative requirements for– Product, materials, equipment

– Physical properties of products

– Performance requirements

– Standards of workmanship

• Describes administrative procedures

• Specifications are only one part.


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Elements of Project Manual

• Incorrectly referred to as “the Specifications”

• Collects technical provisions, administrative requirements, and Owner procurement procedures

• Content varies with Project Delivery Method

• No “boiler plate” allowed.


Four C’s of Communication

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• Proper grammar• Simple sentence

construction• Avoid ambiguity

Clear

• Eliminate unnecessary words, but not at expense of clarity, correctness, or completeness

Concise

Correct• Accurate and precise

information• Selected words to

convey exact meanings

Complete• Important information not

left out


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Coordinating Drawings and Specifications• Drawings and specifications are complementary

• Shared terminology

• Drawing detail should be consistent with specification detail


Components of Coordination

• Organization– Selecting team members

– Establishing management procedures

– Organizing information

• Execution– Project design

– Production of construction documents

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• Quality Assurance– Meetings

– Checklists

– Communications

– Checking and cross-checking construction documents


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• Is primarily a process of client decision tracking & validation

• Employs a clear communication process with milestones

• Stops to handle the hard stuff

• Prioritizes the interface issues between design disciplines

• Involves more of the team members as quality control

• Make a sufficient number of decisions proportionate to the stage of Work

Effective Coordination



MYTHS AND REALITIESOF TEAM BUILDING

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• Owner Team– Responsible for regulatory, testing and finances

• Design Team– Responsible for conformance to requirements

• Contractor Team– Responsible for managing construction processes

• Supplier Team– Responsible for product performance and delivery

4 TEAMS


• Contractually Balanced risk

• Effective communications

• Intentional coordination effort

• Increased productivity to meet schedules

• Reduced project costs

• Earlier completion

• Improved team morale

• Fewer claims and disputes

TEAMWORK GOALS


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• Adversarial relationships / personalities

• Incomplete or inaccurate documents

• Unreasonable schedule requirements

• Unplanned and excessive changes

• Labor issues

• Delays in fabrication or delivery

• Poor AND poorly followed communications

• Ineffective construction management

TEAM REALITIES


Understand your Role

Construction Documents B101

Owner:

Authorizes

Pays

Accepts

Architect:

Reviews

Interprets

Rejects

The Contractor A201

Reviews

Conforms to Docs

The WorkProvides Materials &

LaborSchedules,

Organizes, Informs


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• Establish balanced contract requirements

• Ensure all parties understand their roles under the contract

• Clear and complete contract documents

• Act ethically

• Discuss the benefits of partnering with client before procurement phase.

• Use financial incentives carefully and equally.

• Create a team mission statement if needed.

BUILDING-IN COOPERATION



PRE-CONTRACTPREPARATIONS

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Life Cycle of Documents: Stage 1• Design stage• Drawings

• Setting form to decisions

• Progressing at the speed of validation.

• “Technical” Specifications• Gathering requirements

• Set performance criteria

• Organizing data

• Validating decisions


Construction Documents: Stage 2• Preparation for Bidding:

– Expanding Specifications into a “Project Manual”• Procurement Requirements

• Bidding and Contracting info

• Conditions of the Contract

• Technical Specifications

– Adding Resource Information• Geotechnical reports / diagrams

• Existing site features / utilities

• Hazardous abatement reports

• Other unusual project elements

– Answer the AIA G612 questions


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Construction Documents: Stage 3

• Procurement• Conveying information to

potential Bidders requires:– Project Manual:

• Procurement Requirements

• Contracting forms

• Contract conditions

• Technical Specifications

– Drawings

– Other available resourceinformation (e.g. soils reports)

– Plus Addenda (during bidding)


Construction Documents: Stage 4• Signing the Agreement:

– Establishing which documents are to be part of the overall Contract:

– Specifications

– Drawings

– Approved Addenda (which become Contract modifications)

– “Critical” Resource information

– Not listed – Not binding.

– CONTRACT DOCUMENTS


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Final Drawing Review• Commit to “Pencils up.”

• Assign CA as soon as practical.

• CA review of docs to “shadow” Project Architect review

• Have at least one team comment period to identify missing information.


DIVISION 01 Review• PART 1 administrative

requirements

• Preconstruction activities

• Submittal requirements

• Critical performance criteria

• Testing requirements

• Closeout provisions


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Spearin Doctrine• U.S. Supreme Court decision of 1918, United States v.

Spearin– A Contractor is entitled to rely on the construction documents provided

by the Owner to be sufficient for their intended purpose, and is not responsible for the consequences of defects (errors, inconsistencies, and omissions)

• Your actions (or inaction) may change the terms of the Contract. – If you act outside your contracted responsibilities, or take an action that

was not originally in the contract, it can be held that the particular activity is now part of the contract. Also, if you fail to perform your role, you can be held in breach of contract.

• Your obligations exceed the client’s


Key Provision• Article 3.2.3:

– “The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, ordinances, codes, rules, and regulations or lawful orders of public authorities...

– BUT, the Contractor shall promptly report to the Architect any nonconformity discovered…..”

– By implication, the Owner is also not required to ascertain compliance with the law. It’s the Architect’s job to design to code.


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Questions?



BASIC COMPONENTS OF CA PRACTICE

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General Conditions as Cheat Sheet• Defines basic rights,

responsibilities, and relationships of parties involved in performance of the Contract

• Inherent part of Owner-Contractor Agreement

• Is the legal framework of all interactions with the contract documents.


What’s the point?

• General conditions support requirements.

– Helps you discern a procedural problem from a technical one.

– When conflicts arise, you can make the right argument to solve the right problem.


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In General• Architect is a part of the Owner-Contractor Agreement

• Designated representative has express authority to bind Contractor to matters pertaining to the Contract

• Duties, responsibilities and limitations of authority of Architect as set forth in Contract Documents shall not be – Restricted

– Modified

– Extended


• If Architect is terminated, Owner shall employ successor architect as to whom Contractor has no reasonable objection

Administration of the Contract• Architect will

– Provide administration of the Contract as described in Contract Documents

– Be Owner’s representative during construction

– Have authority to act on behalf of Owner to extent provided in Contract Documents

48Conditions of the Contract: 4.2

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Administration of the Contract• Architect will keep Owner reasonably informed about progress

and quality of Work completed and report to Owner– Known deviations from Contract Documents and schedule

– Defects and deficiencies observed in the Work

• Architect not responsible for Contractor’s failure to perform Work in accordance with Contract Documents



FORMS ENFORCEREQUIREMENTS

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Purpose of CA Forms• Standard forms reinforce the contractual nature of the

relationship

• Standard forms enforce contract compliance

• Forms prepared and published by professional associations are widely used and well understood

• Forms provide documented

verification of decisions

• Legally binding.


Contracting Requirements

• Notice of award

• Agreement forms

• Agreement form supplements– Supplementary scope

statement

– Allowances schedule

– Unit price schedule

• Notice to proceed


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Bonds Protect Owner

• Performance and payment bonds

• Lien bond

• Maintenance bond

• Retainage bond

• Special bond


Certificates provide accountability

• Submittal transmittal

• Certificate of insurance

• Infection control

• Construction waste diversion

• Product certification

• Recycled content of materials

• Minority business enterprise certification

Continued on next slide


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Schedules enforce management

Continued from previous slide

• Schedule of values

• Application for payment

• Stored materials

• Construction schedule

• Work plan schedule

• Construction equipment



COMMUNICATIONS

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• The Agreement set the limits and role of communications

• Contract Documents set the forms of communication:• Meetings

• Submittals

• Interpretations / RFIs

• Contract modifications

• Site observation

• Payments

• Claims

• Punch lists

Communications


• Standard Contracts typically stipulate basic lines of communications: A/E is hub.– Subs and Suppliers to (General) Contractor to A/E to Owner

– Consultants through A/E to Contractor or Owner

– Separate contractors through Owner, CM, etc. to A/E

• One point of contact from Owner to A/E is recommended.

– At minimum, a PoC should be CA staff authorized to make decisions.

• Follow all oral communications in writing to confirm decisions or interpretations

Communications


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Contractual Limits of Meetings

• Division 01 Specifications– Types of meetings to be held during construction

– Establish administrative and procedural requirements

– Frequency

– Participants

– Meeting administration

– Topics for discussion

• Divisions 02 through 49 Specifications– Meetings required prior to installation of certain products

– Coordination meetings


Meetings: Less is not more• Effective meetings are important part of

– Contractor’s construction project management

– A/E construction contract administration

• Provides attendees opportunity to share– Information

– Exchange ideas

– Make decisions

• Meeting purposes– Facilities coordination of Work

– Resolution of issues

– Helps to prevent or resolve problems


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Communications• Meetings should be documented, distributed, and an

opportunity offered to make corrections

• CA Groundwork: – Set rules that clearly identify official communication

– Standardize types of communication considered legally binding

– Agree on how distribution to other parties will be handled

– Record keeping procedures

– Approved forms

“The single biggest problem incommunication is the illusionthat it has taken place.”George Bernard Shaw


MeetingsEffective Meetings

• Have “PAL” – Purpose -Agenda - Limit on time

• Have a published agenda

• Controlled discussions to stay on topics

• Convene and adjourn on a pre-determined schedule

• Contribute to team approach


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SUBMITTALS

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Submittals• Communicates information about systems, equipment,

materials, products, and administrative matters

• An important part of quality assurance

• Indicates how Contractor Team intends to fulfill portions of Contract Documents

• Normally prepared by suppliers, fabricators, or subcontractors

• Should be– Complete and accurate

– Conform with specified requirements

– Consistent with Project conditions


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Submittals Are Not• Contract Documents. They belong to the Contractor.

• To be used by Contractor or A/E to modify the Contract

• To be used to request or imply substitutions

• To be used to change the Division 01 “requirements”


Submittal Review• Contractor to prepare, pre-review and forward to A/E

• A/E reviews are limited by contract:

• With reasonable promptness using professional judgment

• Limited to determining if information is consistent with design intent indicated in Contract Documents

• Is not to determine accuracy and completeness of dimensions or quantities


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Contractual Sources for Submittals• Administrative and procedural requirements contained in

– Conditions of the Contract

– Division 01 Specifications

• Expands upon Conditions of the Contract• Defines project-specific administrative and procedural

requirements for preparation, transmittal, review, approval, and return of submittals

– Divisions 02-49 Specifications stipulates specific submittal requirements applicable to the Section

• A/E: Only specify submittals you will need.



INTERPRETATIONS

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Interpretations and Modifications• Not a substitute for clear, concise, correct, and complete

Contract Documents

• However, extent of design and construction process is such that modifications and changes are necessary

• Contract Documents require the following of A/E – Interpretations

– Clarifications

– Modifications


Interpretations

• Before receipt of bids– Addenda

– Substitution requests

• Between receipt of bids and contract execution– Post-bid addenda

– Negotiations


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• After contract execution– Change orders


– Requests for interpretation

– Supplemental Instructions

– Written amendments

– Construction change directive

– Field Order


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Contractual Limits of Interpretations• Defines Contract Documents as complementary

• States what is required by one is required by all

• Establishes A/E as impartial interpreter of Contract Documents

• Requires A/E to render decisions according to intent of Contract Documents

• When Contract Documents are interpreted, contents of drawings and specifications must be considered together

• Require modifications be made according to a SPECIFIED process


Requests for Interpretations (RFI)• The RFI is intended for:

• Interpretations

• Missing or unclear information

• RFI abuse:– Reinventing design intent

– Single user communication

– Issuing “clarification” sketches

– Substitute a product for one specified

– Answering “how to build it” questions.

– Relieving Contractor of responsibility for timely and thorough review


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CONTRACT MODIFICATIONS

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Modifications

• Extent, Cost, Time.– The later the change, the more complex and costly

• A/E duty to evaluate and consider consequences

• Coordination of change effect is an “Additional Service”


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Substitutions are Changes• Under some Project Delivery Methods, Owner may

encourage Contractor to propose alternatives after award of Contract or during construction– To reduce costs

– To evaluate alternative products and systems

• Substitution procedures after execution of agreement are established in Division 01 specification– Use of substitution request form is required

– A/E reviews and makes a recommendation to Owner


Modification forms

• Request for information

• Clarification

• Substitution request (during construction)

• Supplemental instruction

• Field order

• Written amendment

• Construction change directive



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Modification Forms


• Work change directive

• Request for proposal

• Proposal worksheet summary

• Proposal worksheet detail

• Change order request

• Change order


Evidence based Changes

• No time or money– Supplemental instruction

– Written amendment

• Time or money– Change Order

• When you don’t know– Construction change directive

– Field order


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SITE VISITS, OBSERVATIONS, AND INSPECTIONS

79

Site Visits, Observations, and Inspections• Basic to quality control is

that participants have certain responsibilities for making observations and inspections– Observe – Perceive, notice,

see

– Inspection – Examine carefully and crucially, especially for defects

• Distinction between observation and inspection is important

80The Construction Specification Institute

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CA Quality Assurance Tools• Procedures for discovering

– Defects

– Deficiencies

– Deviations

• Includes– Submittals

– Certifications

– Observation

– Discovery

– Testing

– Punch Lists


Contractor Responsibilities

• Standard Owner-Contractor Agreements and standard Conditions of the Contracts typically stipulate Contractor to– Prior to bidding or commencing the Work, visit site to

• Correlate conditions• Coordinate observations with Contract Documents

– Observe conditions at site affecting the Work

• Correlate with review of Contract Documents• Report errors, omissions, and inconsistencies to A/E

– Direct and supervise the Work

– Ensure the Work is according to Contract Documents

– Controls means, methods, techniques, sequences, and procedures for all portions of the Work



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Site Visits, Observations, and InspectionsContractor Responsibilities


– Continually inspect the Work to ensure each portion is ready to receive subsequent portions

– Inspect the Work performed by Owner or separate Contractor if Contractor’s Work is dependent on that Work

– Arrange for inspections required by authorities having jurisdiction

– Required to inspect Work to qualify for Substantial Completion

– Prepare comprehensive list (initial punch list) of items to be completed or corrected prior to final payment


Site Visits, Observations, and InspectionsOwner Responsibilities

• Standard Owner-Contractor Agreements and standard Conditions of the Contracts typically stipulate Owner to– Provide site information

• Physical characteristics• Legal limitations• Utility locations

– Provide other information or services to Contractor upon request

– Be responsible for the Work

• By Owner• By other Contractors


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Authorities Having Jurisdiction (AHJ)• Federal, state, county, and city authorities oversee safety

and welfare of public

• Verifies that design complies with codes and ordinances before issuing permits

• Verifies that construction complies with codes and ordinances by site inspections

• Reject Work not complying with codes and ordinances



PAYMENTS

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Withholding Payment• Standard Contracts typically give A/E right and

responsibility to withhold certification of whole or any part of application for payment to protect the Owner

• Common conditions for A/E to recommend withholding payments to protect interests of Owner– Damaged or non-conforming Work requiring repair or correction

– Damaged property, adjacent to Project, requiring repair or replacement

– Failure by Contractor to meet scheduled milestone or Contractor’s own approved schedule to extent that liquidated or compensatory damages may be reasonable anticipated



Withholding PaymentContinued from previous slide

– Claims made against Owner on account of Contractor’s failure to perform

– Liens filed in connection with nonpayment of subcontractors, suppliers, laborers, and mechanics

– Failure to keep record documents current

– Cost of doing cleaning work, by Owner or others, resulting from Contractor’s failure to perform cleaning work


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CLAIMS

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Claims and Disputes• Interpretation or modification may lead to a claim

• Unresolved claims may lead to disputes

• Claims are initially requests for adjustments in Contract Sum or Time

• A/E responsibilities– Evaluates claim

– Verify total impact

– Presents findings

The Construction Specifications Institute90

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Contractual Source of Resolutions• Standard Conditions of the Contract typically includes a

procedure for dispute resolution– obligated to start a path of dispute resolution

– Either party can demand mediation

– If other party does not file for mediation, then both parties waive mediation and can use any other method of dispute resolution

– If mediation unsuccessful, parties may choose to invoke other types of dispute resolution stipulated


A/E Determinations• Determination of “reasonable inference.”

• Notification and timing of the claim

• Reviews supporting documentation

• In most cases, disputes are not understanding and/or accepting rights, responsibilities, and requirements established by Contract Documents.

• Claims can be handled with less effort by promptly addressing issues and negotiating settlement if possible


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PROJECT CLOSEOUT

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Punch Lists

• Contractor creates the punch list– (audience laughs…)

• Standard Contracts typically stipulate– List of incomplete Work and items needing

correction prior to final completion

– Prior to Date of Substantial Completion and beginning of correction period


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Project Record Documents

• Construction documents subsequently modified to show actual construction

• Contracts typically stipulate Contractor to provide following prior to Date of Substantial Completion– Record drawings

– Record specifications

– Record submittals

– Startup logs

95The Construction Specification institute

• BIM records per contract.

Prepare Owner to Occupy• Information resources necessary to operate and maintain

facility should be required

• Information resources are used in a variety of ways– Operations and maintenance planning and budgeting

– Modifications, renovations, and additions

– Custodial and maintenance staff

– Outsourced service providers working at facility

• Should be permanently retained and accessible


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Closeout Forms

• Certificate of compliance

• Certificate of substantial completion

• Certification of completion

• Warranty

• Statutory declaration



PREPARING FOR THE ROLE

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Common Red Flags• Owner “Custom” Agreement forms

• No General Conditions / No Division 01

• A/E administrative role lacking some essential tasks

• Extensive or numerous post bid addenda

• Extended bidding and buy out period

• Contractor unfamiliar with pre-construction requirements

• No direct A/E involvement in Change Orders

• A/E Project Manager duplicating CA tasks

• CA staff acting as “place-holder”

The Construction Specifications Institute 99

• Writing Division 01

• Submittals Review

• Agenda control

• Active, documented observation

• Pay application review

• Review of Change Orders

• Certificate of Substantial Completion

What NOT to give up


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• A good contract– Clearly defined “Additional Services”

• A firm-wide CA process; purpose, tasks, and tools.– Teach with the A201

• Assign experienced person(s)

• Set project ground rules clearly in documents

• Be clear on authority to decide

• Be a first responder in all things

Pre-Requisites for good CA


Preparing for the Role• Technically competent. Recommend 5 years project

experience and 1 “shadow” CA project before solo.

• Time spent on drawing and/or checking drawings

• Familiar with Contracts / General Conditions / Spec provisions

• Verbal and writing skills to be clear and concise

• Experience leading discussions with an agenda.

• Inherently organized. Understands documentation.

• Pro-active in task assignments, follows a plan.

• Knows the firm’s CA practices and goals.


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The Construction Specifications Institute 103

For further study

Questions?


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