ARE Project Management

Commissioning

Process of verifying that the buildings systems are installed and operate as the designer intended and that the performance of the systems is in accordance with the design intent. Should be done through all seasons and phases of operation.

Gross Area

Programmed space/net area plus circulation and support spaces and thickness of exterior walls. Calculated by finding the net area and then increasing by a factor of efficiency.

AIA Joint Venture Agreement

Can organize firms based on division of compensation (firms split payments), or division of profit and loss (firms are compensated throughout project and rhen share risk or reward at the end).

Requires creation of a policy board comprised of representatives of both firms.

Joint ventures themselves dont pay income tax, that is passed through to each firm.

AIA Document C401, Standard Form of Agreement between Architect and Consultant

Architect must inform consultant of questions or issues with an invoice within 10 days

Consultant will be paid when Architect is paid by owner.

Owner and Consultant do not have a contractual relationship but obligations of Architect to Consultant are the same as owner to Architect.

Communication to Consultant from owner should go through Architect.

Requires consultant to notify the architect if consultant becomes aware that additional services are needed.

Consultant may not proceed without written authorization from architect.

Architect is liable to owner for consultant work and for informing consultant about code.

Pass through the rights and responsibilities of the architect to the owner detailed in the owner-architrct agreement to the relationship between the architect and the consultant, and share risks and rewards.

If cost of the project exceeds the budget, the architect must modify the design with no additional compensation. This responsibility is passed through to the consultant, who must also modify design without compensation.

AIA Document A251: General Conditions of the Contract for Furniture, Furnishings, and Equipment

Contract between owner and furnishings vendor. Architect does not have contractual relationship with this vendor.

States that this consultant is an independent contractor, not agent of architect.

Architect reviews submittal and progress at site, acts in CA role.

Owner-Vendor and owner-contractor agreements include time limits that are of the essence of the contract.

Architects responsibilities regarding sustainable design practice

Architect should consider environmentally responsible design alternatives, owner decides what to incorporate

AIA Document C106, Digital Data Licensing Agreement

Used to create a license to use CAD files and BIM models

Liquidated Damages

Fees paid by the contractor to the owner for every day the project is late (except for delays due to uncontrollable circumstances)

Retainage

Percentage of each payment (usually 10%) withheld until final completion of the work

Stipulated sum

Fixed price that the owner agrees to pay the contractor for the work as shown in the contract documents

Guaranteed Maximum Price (GMP)

Contractor or construction manager guarantees the owner a fixed, maximum price

Cost plus fee

Compensate the contractor for the actual expenses of labor, materials, and subcontractors and then add a fixed fee. Can utilize guaranteed maximums, target prices, and partial cost guarantees.

Variable Air Volume (VAV) System

Permits control over individual spaces, are quiet, require little maintenance.

Privity

Two parties to a contract are not liable to a third party

Performance Bond

Protects the owner by having a third party responsible for completing the work if the contractor does not

Conditional Use Permit

Permit issued for a proposed use that is otherwise not allowed in the zoning district

Quality Circle

Brings together employees to identify and address work related problems

Contemperaneous documentation

Written record of verbal or informal communications which is kept in real time, such as a daily journal, notes from phone conversations, email, text messages, phone log.

ISO 9001

Third party quality assurance program - firms must develop and implement programs that satisfy each standar to become certified

Standard of Care

Defined in AIA Document B101, Standard Form of Agreement between Owner and Architect - states that an architect shall perform services consistent with skill and care of architects under similar circumstances, will perform as expeditiously as is consistent with the skill

Reasonable extension requests from contractor without penalty

Owners work stop order

Architects delay in approving shop drawings

Labor disputes

Change order requested by the owner

Architect must prepare cost estimates during:

Schematic, design development, and construction documents phases

Rehabilitation

Emphasizes retention and repair of historic materials but gives some latitude for replacement of damaged materials

Prime Agreement

Contractor between the owner and the architect

AIA B101 - Standard form of Agreement between Owner and Architect

If bidding doesnt start within 90 days after the architect submits CDs, the owners budget is to be adjusted to reflect changes in construction costs.

Owner must provide: survey, proposed project schedule (date of substantial completion, start of construction), info on owners preferred procurement and delivery method (negotiated contract, competitive bidding, construction Manager, etc.), project budget

Architect must consider sustainable design technologies and materials where such approaches are within the project scope and budget

Basic services: architectural design and documentation, structural, mechanical, electrical engineering necessary to support the design, preparation of project manual, CA duties, structural engineering.

Additional services: may be provided for an additional fee. Could include programming, existing facilities surveys, commissioning.

Assemblies cost estimate

Can be used to estimate in earlier phases of design. Estimate based on systems needed to construct a building. Companies often have rough prices for systems needed.

Milestone chart

Schedule type method used for short duration projects with relatively few tasks and fees typically under $35,000

Construction Change Order

Record documents reflecting changes in construction and pricing

Supplemental Drawings

Issued during construction and can be issued with supplemental instructions, record documents l.

Product submittals

Prepared by contractors, submitted to architect before starting work

Record documents

CDs, specifications, ane other contract documents marked to record exactly how the project was built

Claim

Assertion made by a party of the contract that he or she is owed payment. Must be given within 21 days of the event that gives rise to the claim. Only for direct damages, consequential/indirect damages are waived.

ADA notes

Change in floor level of ¼ inch or less is acceptable. Minimum width of clear floor area on the pull side of a door is 18 inches. Maximum ramp slope is 1:12. A wall mounted object more than 27 inches above the floor cannot protrude more than 4 inches from the wall.

Hazardous materials found in insulation

Asbestos, glass fiber

AIA Document A201, General Conditions of the Contract for Construction

Requires the owner to purchase and maintain all risk property insurance.

Contract documents between owner and contractor include agreement, conditions of the contract, drawings, specs, addenda.

Proprietary specification

Specification for a specific product by brand, does not allow for substitutions

Penalty clause

Charge to the contractor for not completing work by the agreed upon timeout substantial completion

Bonus provision

Payment to the contractor if the work is completed before the deadline

Arbitration

Means of resolving a dispute by an impartial third party. Both parties are able to strike names of people they object from a list of potential arbitrator. Separate from the judicial system.

Examples of reimbursable expenses that can be charged to the owner

Plan review fees paid to the local code enforcement office, overtime work, increase to the architects normal limits of professional liability coverage requested by the owner, state or local taxes on professional services

Time is of the essence

All work must be completed by the dates specified in the contract or the contractor has breached the agreement

Riparian Rights

Gives a property owner whose property abuts a river the right to construct means to access the water, such as a boat dock

Critical Path

The path that takes the most amount of time to complete

Tax Increment Financing

Method cities use to issue bonds to pay for improvements. Intended to stimulate private development by providing better infrastructure and city services.

Subrogation

Legal technique where an insurer “steps into the shoes” of a party to whom it has made a payment. When the insurance company pays the owner for the cost of repairing damage, the company is subrogated to the right of the owner to try to collect damages, and may sue the contractors in the owners name. AIA Document A201 encourages a waiver of subrogation to discourage lawsuits - the parties waive their rights against each other for any damage during construction that is covered by insurance.

Greatest impact on labor costs

Requirements to use union labor

Partnering

Management Practice to encourage team members to work towards a common goal. At the beginning, partners agree on dispute resolution methods. Participants do not have a contractual relationship with each other, but agree to act in good faith throughout the project.

Design Assist Contracting

Owner and architect utilize a manufacturer or specialty craftsman to assist with design and detailing of a unique or specialized system.

Brooks Act

Requires federal agencies to award projects to architecture and engineering firms based on qualifications based selection processes. Firms submit evidence of their experience and qualifications but not a cost proposal. After firm is selected, the agency negotiates with the firm.

Strategic Plan

High level plan that outlines broad scope project objectives. Example: program.

Responsibility Matrix

A document assigning tasks to project team members and outlining required deliverables

AIA Document C727, Standard Form of Agreement between Architect and Consultant for Special Services

Allows architect and Consultant to define a limited scope of services but does not pass through the responsibilities assigned in the prime agreement between the owner and the architect.

Statute of Limitations

The amount of time that a party has to take legal action upon discovery of a design or construction defect

Statute of Repose

Time to take legal action once construction is complete

Parameter Method

Calculates an estimated cost per square foot for many types of materials so that the designer can understand the cost implications of each.

Contract Documents

Form the contract between the owner and the contractor. Includes agreement, conditions of the contract, drawings, specifications, and addenda.

AIA Document C727, Standard Form of Agreement Between Architect and Consultant for Special Services

Allows the architect and Consultant to define a limited scope of services but does not pass through the responsibilities assigned in the prime agreement between the owner and the architect. Best when consultant services are limited and CA wont be required from this consultant.

Group B (Business) Occupancy

Classroom buildings on college campuses

Seminar room with less than 50 seats

Group A-3 Assembly

Seats greater than 50

Matrix Costing Method

Cost alternatives are drawn along one side of a matrix, individual elements that combine to produce the total cost of the alternatives are on the other side. Can compare factors that comprise the total cost.

Parameter Estimating Method

Calculates an estimated cost per square foot for many types of materials.

The Contract Documents

Include the agreement, general and supplementary conditions of the contract, drawings, specifications, addendum, modifications, other documents listed elsewhere in the agreement.

Substantial Completion

Stage at which the work or a designated portion of it is sufficiently complete such that the owner can occupy it or use it for its intended purpose

AIA Document A101, Standard Form of Agreement Between Owner and Contractor

Defines rights and duties of each party. Also defines architects duties on administering the construction contract.

Division 1: Establishes the administrative procedures for a project. Explains exactly how the contractor is to perform the tasks assigned in the general, supplementary, and special conditions.

Indemnification Provision

Indemnify: compensation for harm or loss

Requires the contractor to indemnify the owner, architect, architects consultants, and any agents or employees of those parties

Pro forma

Analysis of the costs and revenues projected for a potential project

Radon

Per EPA, no action necessary if radon detected is less than 4 pCi/L

Affirmative Covenant

Commits a buyer to performing a specific duty in the future

Eminent Domain

Right of government to aquire private property for use in the public interest.

Granted by 5th amendment

Power of eminent domain may be transferred to a private company when they are working on a project to serve the public interest.

Hard Costs

Expenses directly associated with construction, including materials, labor, and contractors overhead and profit.

Soft costs

Expenses not directly associated with construction, including design fees, legal fees, cost of financing the project, insurance, administrative costs incurred by the owner, moving expenses.

Cost of the Work

Costs for the construction itself, including contractor's construction costs, overhead, and profit

Flame Spread Index

Indicates how fast fire will spread along a tested finish's surface