General Conditions - CSI Salt Lake City ChapterSalt Lake Chapter CSI January 18, 2012 . The...

General Conditions and the

Construction Contract Administration

Process

Gregory J. Markling, FCSI, SCIP, CCS, CCCA, LEED AP Institute President-Elect 2012

Salt Lake Chapter CSI January 18, 2012

The Construction Specifications Institute is a Registered Provider with The American Institute of Architects Continuing Education Systems. Credit earned on completion of this program will be reported to CES Records for AIA members. Certificates of Completion 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 an approval or endorsement by the AIA of any material of construction or any method or manner of handling, using, distributing, or dealing in any material or product. Questions related to specific materials, methods, and services will be addressed at the conclusion of this presentation.

Learning Objectives

Identify the three most widely used General Conditions documents in our industry.

Compare and contrast these General Conditions documents with respect to Construction Administration.

Gain an understanding of the roles and responsibilities of the Contractor, Design Professional, and Owner based on the General Conditions.

Understand how General Conditions provisions can be expanded by Division 01 General Requirements and various Work Results Sections.

General Conditions

MasterFormat Section 00 7200

Roles and responsibilities of primary participants in the CA process

Integral to the Agreement

Two publication methods: Incorporation by reference

Publication in the Project Manual

Supplementary Conditions

MasterFormat Section 00 7300

Used to modify the General Conditions

Two primary publication methods: Amendment in Section 00 73 00.

Modification within an electronic version of the master document using track changes.

General Conditions

American Institute of Architects (AIA) Document A201 General Conditions of the Contract for Construction – 2007

www.aia.org

Engineers Joint Contract Documents Committee (EJCDC) EJCDC C-700 Standard General Conditions of the Construction Contract – 2007

www.nspe.org

ConsensusDOCS ConsensusDOCS 200 Standard Agreement and General

Conditions Between Owner and Contractor – 2007

www.consensusdocs.org

Side-by-Side Comparison

AIA

A201

•General Provisions

•Owner

•Contractor

•Architect

•Subcontractors

•Construction by Owner or by Separate Contractors

•Changes in the Work

•Time

•Payments and Completion

•Protection of Persons and Property

•Insurance and Bonds

•Uncovering and Correction of Work

•Miscellaneous Provisions

•Termination or Suspension of the Contract

•Claims and Disputes

EJC

DC C

-700

•Definitions and Terminology

•Preliminary Matters

•Contract Documents: …

•Availability of Lands; …

•Bonds and Insurance

•Contractor’s Responsibilities

•Other Work at the Site

•Owner’s Responsibilities

•Engineer’s Status During Construction

•Changes in the Work; Claims

•Cost of the Work; …

•Change of Contract Price and Time

•Tests and Inspections; …


•Suspension and Termination

•Dispute Resolution

•Miscellaneous

Conse

nsu

sDO

CS 2

00

•Agreement




•Subcontracts

•Contract Time

•Contract Price

•Changes

•Payment

•Indemnity, Insurance, Waivers and Bonds

•Suspension, Cure, Termination …


•Miscellaneous

•Contract Documents


AIA

A201


•Owner

•Contractor

•Architect

•Subcontractors



•Time








EJC

DC C

-700

















Conse

nsu

sDO

CS 2

00

•Agreement




•Subcontracts

•Contract Time

•Contract Price

•Changes

•Payment




•Miscellaneous



AIA

A201


•Owner

•Contractor

•Architect

•Subcontractors



•Time








EJC

DC C

-700

















•Miscellaneous

Conse

nsu

sDO

CS 2

00

•Agreement




•Subcontracts

•Contract Time

•Contract Price

•Changes

•Payment




•Miscellaneous


Summary Comparison

AIA and EJCDC Documents

Separate and supplemental to Agreement

High page count (AIA-39 +, EJCDC-62)

Design professional is “visible”

AIA subscription / EJCDC download

ConsensusDOCS Integrated Agreement

Low page count – 35, more concise

Design professional is not “visible” as much

Subscription

In The Beginning…

AIA B101-2007:

3.6 CONSTRUCTION PHASE SERVICES

3.6.1 GENERAL

3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in AIA A201™-2007 General Conditions of the Contract for Construction.

Relationships

Roles and Responsibilities

Owner (AIA A201 Article 2) Designate a legal representative (2.1.1)

Furnish information to Contractor (2.1.2)

Provide financial resources (2.2.1)

Secure and pay for necessary approvals, etc. (2.2.2)

Furnish surveys and similar documentation (2.2.3)

Furnish information required by the Contract Documents (2.2.4)

Furnish copies of the Contract Documents (2.2.5)

Right to stop the Work (2.3)

Right to carry out the Work (2.4)


Contractor (AIA A201 Article 3) Licensed and designate a legal representative (3.1.1)

Perform the Work according to the Contract Documents (3.1.2)

Visit the site, carefully study and compare the various Contract Documents, take field measurements, and observe conditions affecting the Work (3.2.1 and 3.2.2)

Let’s look at 3.2.2 more closely…

Supervise, direct, and coordinate the Work (3.3.1)

Provide labor, materials, equipment, etc. (3.4.1)

Enforce discipline and good order… (3.4.3)

Warrant the Work - Period NOT specified (3.5)

Pay applicable taxes (3.6)


Contractor (continued) Pay for building permit and associated costs (3.7.1)

Employ a competent superintendent (3.9.1)

Provide and manage the construction schedule (3.10)

Maintain documents and samples at the site (3.11)

Prepare and manage the submittal process (3.12)

These responsibilities are extensive…

Confine operations to the site (3.13)

Keep the jobsite clean and perform final cleaning (3.15)

Provide access to the Work (3.16)

Indemnify the Owner and Architect, etc. (3.18)


Design Professional (AIA A201 Article 4) Licensed and lawfully practicing in the jurisdiction (4.1.1)

Provide administration of the Contract (4.2.1)

Visit the site at intervals appropriate… (4.2.2)

The communications “funnel” (4.2.4)

Review and CERTIFY payments (4.2.5)

Has authority (?) to Reject Work (4.2.6)

Review and approve submittals (4.2.7)

This is subject to extensive qualifications…

Prepare change orders and CCD’s (4.2.8)

Conduct inspections… (4.2.9)

ONLY for which events?


Design Professional (continued) Provide a project representative (4.1.1)

Investigate concealed or unknown conditions (4.2.8)

Interpret and decide matters of performance on written request by the Owner or Contractor (4.2.11)

Review and respond to requests for information (4.2.14)

Prepare and issue supplemental Drawings and Specifications (4.2.14)

CDT EXAM Question:

The Design Professional certifies what two things?

Expansion of Detail

AIA A201 General Conditions The Contractor shall review, approve & Submit to Architect, Shop Drawings, …. & Similar submittals required by the Contract Documents with reasonable promptness & in such sequence as to cause no delay….

Supplementary Conditions Prepare & submit Shop Drawings…. in accordance with Section 01 3000 – Administrative Procedures

Section 01 3000 Stamp, sign, or initial, & date each submittal to certify compliance with requirements of Contract Documents.

Section 08 4100 Product Data: Include information for factory finishes, hardware,

accessories, & other components.

Section 10 2600 Shop Drawings: Show built-in items, including sizes, types, materials, construction, finishing, anchoring, accessories, & preparation for

installation of corner guards.

Questions?

Gregory J. Markling, FCSI, SCIP, CCS, CCCA, NCARB, LEED AP Institute President-Elect 2012

Contact Information:

iBIMsolutions, llc

303-775-9517

[email protected]

www.iBIMsolutions.net

Salt Lake Chapter CSI January 18, 2012
mailto:[email protected]://www.ibimsolutions.net/

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