CH.

1 Project Management & Responsibilities

PJM include 1) proj planning 2) scheduling 3) monitoring 4) coordinating & directing 5) updating
documentation 6) closing out the job 7) following up with clients

PJ manager can be principal, proj designer or a person managing multiple jobs

PJMG sees the proj all the way through the proposal to the follow up

Another method of managing a proj - partnering, multiple stakeholders, owner, principal, PA,
vendors all participating in the decision making process. Difficult for day-to-day MGMT

PJM Responsibilities

PJMG should be the center of contractor, consultants | regulatory agencies | staff, project
designer, firm principals | client, coordinating the activities of all members of the DSN & CSTN
teams

Possible Rspbs
- Team making
- Proposals, fee est.
- Prep agreement between A & O
- Assemble proj team
- Prep time est.
- Create proj schedule
- hiring/coord. CONSLTs
- Org & coord all activities for the proj
- Keep proj on track to meet goals set by client & team
- Schedule meetings, coord progress among all team members
- Manage the ppl in proj team
- Resolve conflicts between team members
- Be the link between pricical & proj team
- Provide status reports to principal
- Be the contact person w/ gov agencies & other regulatory groups
- Attend client presentations
- Obtain client approvals at imptt milestones
- See that all aspects of the project are [Link]
- Process all change orders, certificated for payment, work author~ns & sim docs
- Mk sure office meets contractual obligations
- Review invoices to client
- Review invoices CNSLTs sent to firm, approve payment
- Keep track of personnel time on the job, compare w initial est
- Keep track of construction cost est. and compare w. Client’s budget
- Coord the production of CDs
 - Take part in bidding or negotiation procedures
- Confirm proper contract admin & construct observation are carried out
- Help collect overdue billings
- Help the client w/ CNSTR-related probs during & after move-in
- Close out the job
- Follow up w/ the client periodically after move-in
- Work w/ upper MGMT and other PMs to maintain overall office workload scheduling

PM often use software to:

- Proj personnel time & fees
- Track time & fees in comparison to budget
- Track CNSLT costs
- Schedule work w/in the office
- Generate invoices
- MNTN proj docN, correspondences, transmittals mtg notes
- Track CNSTR-related docs such as change orders and site visits
- MNTN info about indiv proj design and spec decisions
- Keep a proj address book w/ all team contracts
- Track employee productivity
- Compile info from indiv jobs to office MGMT reports

Assembling the proj team

2 proj teams: overall ppl for a proj, ppl within the office

Overall team: A, CSLT & O, may also include CNSTR manager, contractor and major
subcontractors, or a second firm

A team is usually partially founded before the project and partially after

Submitting proposals: A usually need to identify the major players, like principal-in-charge, PM,
PA, S, M, E
Design-build: contractors and sub-cons also req’d
Once the proposal accepted & contract signed, PM need to assemble team in the office and
making decisions about specialty consultants

Factors to consider when selecting CNSLTs

- Past working relationship (most imp)
- Particular specialty
- Avail. Staff, fee proposals

Factors to consider when selecting team w/in office

- Type and complexity of the proj
 - Size of proj
- Staff avail.
- Exp levels (the tasks need, skills and knowledge match the task)
- Billing rates
- Personalities

*BLDG system include MEP, not include S; spec writer is needed

Scheduling the project

2 methods for scheduling: 1) bar chart/gantt chart - the simpler one 2) critical path method
(CPM)

Bar Chart/Gantt Chart: chronological, show what should happen at any given time and which
tasks must occur in sequence, easy to create, suitable for proj of almost any size

*B must happen after A is completed - dependency

CPM: show the sequence, task duration, earliest and latest possible starting/finishing times,
dependency shown in dashed arrows (dummies, to give tach activity a uniq beginning & ending
number), heavy lines show critical task (can’t be delayed), the number of days a non-critical
task can delay is called float

*design phase in bar chart include approval

Creating the Work Plan

Work Plan: a detailed schedule, breaking the proj down to tasks and assigning staff & other
resources. Create early, important.

WP details how to use the fee, so also called fee projection

A good WP should include:

- Scope of servc: all members must understand include/excluded, ask for more comp if
client ask for more
- Breakdown of servc into phases and indiv tasks: the heart of the WP, think through
the entire proj
- Dependencies: identify the dependencies
- Milestones: identify specific points and events as markers toward completion, i.e. crucial
mtg, completion of a phase, completion of a deliverable, clients’ or gov’s approval
- The staff needed
- Allocation of time and fees to phases and individual tasks: crucial for proj monitoring
- CNSLTs’ scope, schedule and their fees
PM 1) considering the proj’s type, size, budget, scope 2) defines each task, estab. Dates 3)
assign staff

The plan must be detailed enough to be tracked, i.e. develop ext. cladding details, finalizing
toilet layouts

Assigning Fees
2 approaches, mostly PM uses both & compare

Top-down approach

- Begin by est. the total fee, using 1) rules of thumb - a % of construction cost 2) amount
per sqft, 3) historical data

- Then determine fees for direct labor, indirect labor, CNSLTs, non-reimbursable
expenses, contingency, typically based on historical data

- Allocate fee for direct labor into phases, using rules of thumb(empirical)

The total working fee - the fee avail to pay ppl to do the job after subtracting fees for profit,
CNSLTs and other expenses

If this $ amount is divided by the avg billing rate for the ppl working on this proj, the result is
the approximate number of hours that the firm can spend on the proj and still make a profit

Bottom-up approach

- Breaking the proj down into tasks and est. the time for ea. Task
- Assign a staff member and multiple w/ the billing rate

Results from the 2 approaches should match.

*Bottom-up is more accurate than Top-down.

If the WP is used for diligent monitoring, there should be enough money to complete the proj
within the allotted time and generate a profit for the firm

Monitoring the Proj

Monitoring ppl’s time sheets weekly, PM can compare w/budgeted time, using a project
monitoring chart

Full wall schedule can involve all members of the team.

Coordination
PM coord all design staff, CNSLT, client, and making sure all codes and regulations reqs are
met.

Tools: pm software, proj website, checklists, weekly project meeting, CNSLT dwg exchange,
BIM

1st imptt to PM is office proj team:

1) communicate - work assignments, instructions, reward & punishment, social interaction.

SEPARATE these actions.
2) claridy the expectations - task outline, time allowed, resulted expected
3) NEVER give responY to someone who doesn’t have authority
4) be sensitive to the manager-subordinate relationship - various point of view
5) stay calm when ppl get angry
6) commit to resolving conflicts as they occur - don’t avoid problem
7) provide ways for members to grow
8) give recognition when it’s due - give praise publicly
9) eval. The performance of members on the team
10) open up communication
11) model the behaviour you want to see - keep everyone informed. Listen to
complaints/suggestions, take time for social
12) don’t shut the client out
13) direct client’s interest to areas where him/her has the most contribution
14) establish environment where initiative is encouraged

CNSLT coord
Include: struct, mech, elec, acoustical, spec, building code, fire protection, hardware, food
service, security, audiovisual, telecom

PM must understand the typical code for each CNSLT’s work

PM should involve CNSLTS as EARLY as possible - vital to determine the scope, sav time,
understanding client’s concern

PM should inform cnslts CODE REQ, any design decision that may have code implications.
Although PM & A need to ensure dwg and spec conform w/ code, cnslt are responsible for
their area of work’s codes and the accuracy of their production, checking their own doc.
However A is the main cnslt and liable to the owner for the cnslt’s work

Coord of code req

Should begin during programming and early space planning
Code checklists useful
All preliminary Info in SD should be verified, check some basic req (no. of exits, travel distance,
common path, door swings, etc)
It is often acceptable if very detailed code req verified and applied until CD, but not for design
elements that could affect overall planning

Techniques for daily project management

Project Notebook
All project info can be at PM’s fingertips at any time, immediate access for planning, coord,
monitoring the job

A proj notebook could include: 1) general ref - proj info, client contact, regulatory agencies,
major vendors 2) contracts O-A. A-C, work authorizations? 3) fees and schedules - preliminary,
detailed, time projection, fee budgets, task, financial mgmt report 4) programming: goal
statements, program, code and zoning research, special equip needs, utility info 5) budget -
overall, construction, furnishing, updates 6) job communication: major correspondence, mtg
minutes, telephone & email logs, design review notes, written client approvals 7) construction
admin - shop dwg, minutes, site visits, bulletins, change orders, field reports, test and site
observation, certi. For payment 8) close-out and follow-up, punch list, sum of construction costs,
testing & balancing reports, comments on completed job, etc

Mtg tips
- Mtg should have purpose/Necessary/Correct team members/No cell
phones/Reminder/on time/assign mtg in shifts/a call better than in-person/make sure
someone to take notes/arrange computer or projectors/establish ending time & not too
long/org notes and prep mtg minutes asap/minutes should include decisions
achievements and action items/set up follow up mtg/stand-up mtg/schedule to keep
them short

Mtg notes
- mtg minutes should be taken and distributed promptly, welcome corrections from
attendees
- use a template, sign-in sheet, record weather/temperature if necessary
- Complete, accurate, unbiased and to the point, it may have legal implications later on.

*construction administrator is an agent of owner and has the authority to record observations
and report to owner & contractor (include date time location, ppl attending)

Project Perfection Syndrome

As towards perfection, the proj will eventually reach a point where marginal progress need a lot
of efforts, and time/fee

Some time it needs a joint decision by PM, designer, principal and others to decide if should
keep working on this proj
PM must make sure everyone on the team understands how much time is budgets for each task
and which tasks must be completed

PM must understand the office’s perfectio curve and be prepped to judge how far to go before
stopping work

CH.2 Contracts

O-A agreement AIA DOC B101

2 separate articles describe A’s svcs:
- Basic svcs, include 5 traditional phases in DBB: SD DD CD bid/negotiation and CA
- Additional svcs: programming, BIM, LEED, other sustainable bldg rating system, post-
occupancy eval
- Additional svcs must be noted in B101 and described in the agreement/attachment

Initial Information
Article 1: A & O give info & assumptions about the proj - includes proj objective, site info, O’s
program, the physical, legal, financial & time parameters, key personnel. Subject to change.

A’s respY
Article 2: General respY, standard of care. A must NOT take part in any activity or accept
anything that could compromise A’s judgement

Req’ A & O to agree on the types & amounts of insurance that A must carry for proj. O must
reimburse A for the cost of insurance beyond what A normally carries

Article 3 Basic svcs

A coord w/ SME. A is entitled to trust info & svc provided by O & O’s cnslt. If A finds anything, A
need to notify O in writing.
A must prep a schedule for O’s approval, must include time for O’s review, the performance of
O’s Cst, approval of submissions, dates for the start of cons and subs. completion
A needs to be Environmentally responsible

Other imptt provisions:

- Proj admin svc: cst w/ O, research design criteria, attend meetings, coord A’s & O’s cst,
issue progress reports (include: copies of correspondence, memos, A’s field reports, mtg
minutes, other writings); A must keep the schedule updated; A must consider alt. Mtrl &
bldg systems, assist O in docs for gov approval
- Eval. of budget and cost of work: A must refine the est. of cost and comp. w/ budget. If
exceeded, A must make recommendations to O and O must coop w/ A in making adj.
Neither A/O cannot guarantee prices. Only C can guarantee prices.
 - Eval. and planning: A must eval of the info O provided (site, program, schedule, budget,
c. method) Review the balance between quality, cost, time. Should notify O of any
impact.
- Design svc: O’s approval is a precondition at the end of every phase for the next phase.
A must assist O in bidding and the conditions of the contract for construction.
- Construction procurement svc: A must assist O in obtaining competitive bids/proposals,
awarding the contract and prep contracts for construction. A is authorized as an agent
for O. A produce bid docs, distribute docs, consider requests for substitutions, holds,
pre-bid conf, answer questions, prep addenda, participate in bid opening.
- Contract admin svc: A must visit construction site, keep O informed of the progress. A is
not resp for the means of construction, bldg techniques, safety precautions (not if A
specified those in CD). O and C, sub-C and CST should communicate through A.

O’s resp
- O provide basic info, include program. (if O need A’s help w/ program, it is an
ADDITIONAL SVC, should be noted in contract)
- O furnish svc fo cst or authorize A to furnish those as a change in svc. O to provide land
survey, A can help but it’s also additional svc.
- O furnish geotechnical svc. A in entitled to rely on the accuracy of that (also can help O
to acquire that)
- O must furnish all tests, inspections, reports required by law or the contact.
- O must furnish all insurance, legal, accounting svc

*if budget > the lowest bid, A must modify docs without additional compensation because A is
resp to comply w/ budget.

Terms and conditions of the Contract

- Instruments of svc: dgw, spec, other doc. O can use the instruments without retaining A
but A is exempted from all claims and causes
- Waiver of consequential damages: limit claims from a breach of agreement
- Hazardous mtrls: A & A’s C have NO resp for the
discovery/presence/handling/removal/disposal of hazardous mtrls
- Third-party claims: privity-no one else can use this agreement against either parties in
this agreement
- Cause of action: any claim must be initiated within a time of period, in any case not more
than 10 years after the date of subs completion of the work. Ea state defines a statute of
limitations/repose
- Waiver of rights: AKA waiver of subrogation, O & A cannot sue each other for damages
covered by property insurance.
- Right to photograph: A has right to photograph unless otherwise stated in agreement
- Termination: >7 days notice if A subs failed to perform or O fails to pay. If O suspend or
terminate, A must be paid.
Cost of the work
The cost of the work = cost of labor & mtrls (furnished by O) + cost of A’s work + reasonable
overhead and profit. DOESN’T include prof fee, land cost, or other costs but must be considered
as a part of the overall proj budget.

A must adhere to budget, but if the lowest bid is higher than budget, O has 5 options:
1) Increase budget
2) Authorize rebidding or renegotiation
3) Terminate proj
4) Coop w/ A to revise the proj’s scope or quality ( A must work with no additional fee, so A
must regularly check expected cost)
5) Implement some other alternative
A may suggest O hold a portion of the available funds in reserve to cover unforeseen increases
in construction prices

Additional Svc
Include: programming, preparing measured drawings of an existing facility, BIM, landscape, int
design, on-site proj representation, post-occupancy evaluation, security evaluation and
planning. LEED or other sust., historic preservation

For each item, it can be clarified if this is the resp of A or O or neither. If not clearly indicated, A
is not responsible for those svc. If A did, it should be compensated.

Additional svc not in agreement

Under 2 circumstances A must provide svc not listed. Unless it’s due to A’s fault, A should be
compensated:
1) When A sees any of below are needed, A most notify O and get written approval to
proceed
- Making changed to initial info, previous instructions, approval given by the owner
- Making mtrl changes in the project due to schedule, budget, deli method, etc
- LEED or other environmentally resp design alternatives
- Making changes because of changes in codes, laws, regulations
- Prep digital data for transmission to O’s cst and C
- Prep design and doc for alt bid or proposal
- Prep and attend public mtg, presentations, hearings
- Pre and attend legal proceedings (unless A is a party)
- Eval. quali of bidders, or persons providing proposals
- Providing consultation about the replacement of work due to fire or other cause
during construction
- Assist the initial decision maker other than A
- Any svc because O failed to make a timely decision or any other failure of O and
O’s c
 2) When A must provide add. Svc to avoid a delay in const. A must notify O promptly and O
must make a decision promptly. If O decide sth is not needed, A will not be
compensated if he did so:
- Reviewing a C’s submittal out of original schedule
- Respond to C’s request for info when the info can be found elsewhere
- Prep change orders and construction change directives
- Eval an extensive no. of claims
- Eval substitutions proposed by O/C and making revisions
- Providing construction svc 60 days or more after expected subs completion when
this affects A’s basic svc

O-A Dispute resolution

Mediation (wait 60 days for mediation before dispute resolution proceedings) - arbitration (must
after mediation failed, cannot be made beyond the time indicated by statute of limitations) -
litigation (the latter two should be specified in agreements if mediation failed)

Compensation methods
- Stipulated sum (fixed fee). A fixed fee paid monthly according to the process. A must
accurately est the cost to make a profit. Reimbursement is not part of the fee.
- Cost plus fee.
Multiple of direct personnel expense, count for tax, sick leave, health care, etc.
Multiple of direct salary expense (net multiplier method), multiplier is larger for employee
benefits
Hourly billing rates, the multiplier is built into hourly rate, with a “not to exceed” amount
- Percentage of construction cost. A fixed percentage of the cost of construction. A don’t
like if it is low-cost project
- Unit cost. Works well w/ proj with a lot of repetition.
It should allow for the rising cost of providing svc, esp imptt if the proj lasts long.

O-A Agreement for a sustainable project

O must set a sustainable objective. A should explain the cost implications for O to make a
decision.
Before the end of SD, O, A, C and other relevant should hold a sustainability workshop to
confirm sustainable objective, sustainable measure, and A comes with a sustainability plan
which should describe:
- Sus objective
- Sus measure
- Strategies for sus measure
- Associated resp of O, A, C
- Details about design reviews
- Details about testing to verify achievement of sus measure
- Details about sus documentation of the proj
AIA D503 (if LEED)
- Sus measure must achieve sus objective
- Potential and expected value of ea credit from the certifying authority
- The respon party (O, A, C, other) and whether the party is resp
- Detailed descrip of the implementation strategies selected to achieve the sus measures,
design reviews, testing, sus doc

Sus plan is submitted to O for approval.

A must incorporate the measure into dwg & spec

Add. resp of A
If some mtrl/equip have limited testing performance, A must inform O and O must give written
decision. If O insist on using that, A is exempt from any damages caused by that.

A must notify O of progress and if there are any deficiencies and proposed changes that will
affect sus measure/objective

A must register the proj if want any certification. First get O to agree to the certification req; O &
A review them; O give written notice to A to proceed. A is an agent and costs are reimbursable.

A must collect sus doc, submit the doc to authority, may also need to prep other docs.

O’s resp depends on what is specifically identified in sus plan, may include:
- Provide any relevant info A requested
- Comply w/ req of authority, ownership, operation, maintenance.
- Prep, file, prosecute ant appeals if cert is awarded but later evoked.
- Provide svc of a commissioning agent unless it is A

O-C agreement A101

Basis is a stipulated sum. It varies based on the method of compensation.

* Contractor’s bid & program are not part of the contract documents.
Amount of bid, contract amount would be incorporated into the agreement but bid itself is not
included.
Program is used in creating the contract docs but itself is not part of them.

Basic provisions of A101

Article 2 - C is to exec the work described in contract docs unless otherwise specified
Article 3 - Date of Commencement, a calendar day or after C receives a notice-to-proceed letter
from O.
Subs completion, can be a calendar day or a number of calendar days from the date of
commencement.

Liquidated damage - when C delays the project C must pay O for the loss.
Often this provision is accompanied by a bonus provision if C completes early.
Sometimes there is an additional penalty for lateness. In this case, a bonus provision must be
included.

??? If delay is due to weather or other circumstances should C pay O?

C needs to prove it’s abnormal

Article 5 - Payments
Progress Payments, periodic payments that O makes, based on applications for payment that C
submits to A.
Final Payment, the copayment of the unpaid balance of the contract sum to C at the end of proj.

Amount due at any time is based on % of completed work, plus the amount for mtrl, equip. Etc
% of completed work is based on a schedule of values C submitted to A (allocates the total
contract sum to various portions of the work).
The retainage, a % of each payment (usually 10%) is withheld until final completion of the work.

C must submit an application to A listing completed work and mtrl stored. A reviews and verifies
and recommends O to pay.

O-C Dispute Resolution

A is indicated as the initial decision maker unless otherwise appointed.

Dispute first referred to the IDM, who reviews the claims and supporting evidence.
Within 10 days, the IDM must take actions:
- Request add. Supporting info
- Reject the claim
- Approve the claim
- Suggest a compromise
- Advise O & C that IDM is unable to resolve
IDM’s decision is binding but subject to mediation.

Enumeration of Contract Documents

A101, A201, any supplementary general conditions, all spec, all dwg, addenda, add. Docs that
are made part of the contract

Compensation Methods
- Stipulated sum, commonly used by competitive bidding
- Guaranteed max price
- Cost-plus-fee, A: more flexibility, construction can start before design is finished, D: cost
is unknown, can be mitigated by guaranteed max price
- Unit prices, mostly portions of proj is based on this

General Conditions of the contract for construction AIA A201

General provisions
Contract Documents:
DO NOT INCLUDE BIDDING DOCS, NO DIRECT RELATIONSHIP BTWN A & O
- The agreement between O & C
- The conditions of the contract (general, supplementary, special)
- Dwg
- Spec
- Addenda before the contract is exec-ed
- Other doc in the agreement
- Modifications issued after contract is exec-ed

GENERAL CONDITIONS
· General Conditions are an inherent part of the the Contract for Construction.
· With the agreement govern the entire contract.
· Contain contractual principles applicable to most projects with supplements for a particular
project.
· Contains broad aspects relating to the roles, rights and duties and responsibilities of the
parties to the contract for construction.
· Contains the Constants
· Relatively static
· Format forms the basis for modification.

DIV 1 – GENERAL REQUIREMENTS.

· General Requirements are an inherent part of the specifications
· Administratively governs the specification sections.
· Contains specifics directly applicable to a particular project.
· Contains specific administrative procedural requirements
· Contain variables directly applicable for specific project
· Must be written separately for each project.

SUPPLEMENTARY CONDITIONS
· Modify the General Conditions, thus are an inherent part of the Contract for Construction
· Modify the constants for a specific region or project by accommodating the legal, physical, or
climatic conditions of the specific project.
· take precedence over general conditions
· must be written separately for each project
· Format is follows the General Conditions.

SPECIAL CONDITIONS
· Extends anything not included or modified in the Supplementary Conditions, thus are an
inherent part of the Contract for Construction
· Extend the Conditions for a specific region, or project, or owner/organization.
· Is likely a standard document issued by the owner (usually a public agency) to be attached to
the general and supplementary conditions.
· Are new items, and do not follow the format of General Conditions.

Work - C’s obligation

Proj - work may be just part of proj

Must estb necessary protocols for digital data transmission

Owner
Before work begins, C can request evidence that O is able to pay.
After the work has begun, C can only request such info if
- O failed to pay
- A change in the work materially changes the contract sum
- C identify in writing a reasonable concern that O cannot pay

IF C requested, O must give info that C need to file for a mechanic’s lien

O is resp for approvals and permits req’d before exec of the contract

O must supply C w/ 1 free copy of the contract doc

O has the right to carry out the work if C fails to do so. O must give written notice to C for
correction of the problem. After 10 days, O can begin the work while keeping the right for
arbitration/litigation. O may exec a change order stating the cost of the correction of work and
deduct that from the contract sum. Those actions should be submitted to A and get approved.

Contractor
C need to review drawings, spec, etc and observe site conditions.
Unless otherwise indicated, C is solely responsible for how the construction is done and for
coord the work under the contract.

C is not liable to O/A for any error in the contract docs unless C realized and failed to report
them. If C performs the work knowing the variance w/ a regulation, C assumes full resp for such
work.

C’s other resp:

- Substitution, ok to do w/ consent from O and eval by A, in accordance w/ a change order
- Warranty. C guarantees the mtrls and workmanship are of good quality, conform to
contract docs
- Permits, fees and taxes. C pay for the bldg permit and other permits, gov fees, licenses,
inspections necessary, also pays sales, consumer, use and similar taxes for work
provided by C (will C get reimbursed?)
 - Concealed or unknown conditions. If C discovers a concealed condition he must notify O
& A within 21 days. A must investigate. If changes are justified A will recommend an
equitable adj. If find human remains/archaeology site, C must suspend work immediately
and notify O who seeks gov permits to resume work and then C can request adj in
time/fee.
- Allowances - A’s est cost of a mtrl/equip that cannot be precisely determined during
bid/proposal. C must include this in contract sum and adjust accordingly by change
order.
- Construction schedule
- Record doc. C must keep record doc on site (dwgs, spec. Other contract docs for A’s
reference on site)
- Submittals. C to submit shop dwgs, product data, samples (not contract docs and
subject to A’s review) C keep a copy of all submittals at the job site.
- Design svc. C can be req’d to provide prof. Design svc/certifications if req’d in the
contract docs, or needed by the work. A must specify performance and criteria.
Sometimes called design delegation (from O, no contact rel. Between A & C). C can hire
some other engineer/designer for a specific work.
- Indemnification. C will indemnify O & A from any claims, damages, expenses arising
from performance of the work. (e.g. a person is injured on site)

The Architect
- visit site regularly
- A has the authority to reject work, burt no resp from A to C
- A has no ctrl over how the construction is performed. A has no right to strop the work if A
finds sth is wrong or observe any safety problem. Instead A should notify O & C
- A review shop dwg and other submittals but only see if they conform w/ contract docs.
No resp for the accuracy of the work
- A prep change orders and may authorize minor changes in the work
- At O/C’s request A interprets and decided on matters about he performance of the
contract
- A’s decisions about aesthetics are final
- A must review and respond in WRITING to request for info about the contract docs, and
prep/issue supplemental dwgs and specs related

Construction by O or by separate Cs
- O has the right to perform work by his own forces. If so O is resp for coord w/ own forces
and must act w/ the same obligations and rights as any C would.
- O has right to award separate contract to diff. Cs. O will be resp for coord their works
- C must work w/ O and other Cs in coord schedules when requested
- O is resp for any costs that a C incurs due to another C, but the defaulted C (if so) must
reimburse O
Change in the work
Change order - written by A, signed by O, C, A
Construction change directive - only between O & A, may or may not be agreed by C who must
exec no matter whether he agrees or not. When changes in cost & time are submitted by C and
reviewed by A and O, a change order is issued.
Minor change in the work - can be ordered by A alone, submit in writing

Time
Starting date in the agreement to subs completion including any authorized adjustments

Payments
C makes monthly applications for payment

Liens
A mechanic’s lien: a claim by one party against the property of another for the satisfaction of a
debt.
If C doesn;t pay SubC, SubC files mechanic’s lien against the property, O becomes resp for
payment.
To protect O, C submit a release or waiver of liens to O before final payment is paid or retainage
released. C must also furnish O & A an affidavit of payment of all debts and claims and an
affidavit of release of liens.

Protection of Persons and property

C is solely resp for on-site injury/damage to
C’s employees
Other ppl affected by the work
The work itself
Other property at the site or adjacent

C must repair or correct it if the work sustains damage (unless it’s O/A’s fault)

Hazardous mtrls found on-site is treated the same w/ human remains/archaeology site
O is resp for obtain labs to examine and remove those mtrls

If contract docs req hazardous mtrl to be brought to the site, O is resp. (unless C is negligent)

C must indemnify O for any hazardous mtrl C brought or C’s failure to handle properly.

Insurance and Bonds

O & C are req’d to maintain insurance. A shouldn’t advise on this matter.

C’s insurance:
- Worker’s compensation
- Bodily injury/death
 - Damages to the work
- Personal injury
- Motor vehicle insurance
- Claims involving contractual liability
C should req subC to carry similar insurance
C must add O, A, A’s CST as add. Insured parties for claims caused by C’s negligence
$ of coverage must be at least the max liability specified in the contract
Coverage must be maintained until the date of final payment

At beginning of the proj, A should remind O’s resp, and request O determine the type and
amount of coverage req’d. A need this info and O’s req on bonds to help O prep the contract
and biding docs.

A should have certificates of insurance from C. No payments until this evidence is available.

O must purchase liability insurance needed to protect himself against claims and losses arising
from operations under the contract, including insurance for property damage and loss of use.

O’s insurance also protects against fire, theft, vandalism and other hazards. Must be all-risk
policy that insures against all perils not specifically excluded. $ must be a full amount of work.
(usually the contract sum + any subsequent modifications)

O may req C to furnish a surety bond (aka contract bond): the bonding company is resp to O for
the default of C.

Uncovering and correction of work.

If C covered sth should remain uncovered by A, C need uncover them at no add cost under the
request of A. Even if A didn’t req it to be examined before it gets covered, A can still ask for
uncover. If the covered work is not in accordance w/ contract doc, C must pay for it. If it is, O
pays for it.

Before sub completion, If A rejects work, C must correct at his own cost.
For a period up to 1 year after sub completion/with the effective dates of warranties, C must
correct after a written notice from O.
If C doesn’t correct in given time (O gives 2nd written notice and give C 10 days to correct), O
can have others correct it.

O can choose to accept nonconforming work as long as it meets code. But must change in the
contract by a change order, and may reduce contract sum.

Termination or suspension of the contract

C can term. Contract if work has stopped for 30+ days (no fault of C or related)
- A court order
- A gov act
 - A’s failure to issue a certificate of payment or give a reason
- O’s failure to make payment within time stated in contract
- O’s failure to give proper evidence that financial arrangements have been made to fulfill
O’s obligations
C can term. Contract of the work has been repeatedly delayed by O for total 120 days in any
365-day period, or for a total no. of days equal to the construction time given in the contract. (No
fault of C or related)

If A certifies sufficient cause, O can term contract if C fails to do his job (including failed to make
payment to subC, disregard law)
O can also suspend or term. The work for convenience, w/out any cause but must give 7-day’s
notice.

Claims and disputes

Claim must be given within 21 days of the event or 21 days the claimant first discover the issue.
Awaiting the claim being solved, C must continue work and O must continue to make payments.

A claim - IDM - mediation - binding resolution (including arbitration, litigation or another)

Claims can only be made for direct damages.
Consequential damages waived by O include:
Rental expenses
Loss of use, income, profit, reputation
Loss of management or employee productivity

Consequential damages waived by C include

Expenses in running C’s principal office, compensation for staff
Loss of rinancing, business, reputation
Loss of profit other than from work

General conditions of the contract for a sustainable project

AIA A201 SP included definition of terms pertaining to a sustainable project

O’s resp
- O must perform the sustainable measures specified in the sustainability plan
- O must comply w/ req of the certifying authority (ownership, operation, maintenance)

C’s resp
- C must perform sustainable measures in sus plan
- If O/A recognizes a condition that will affect sus measure, C must meet w/ O & A to
discuss alt and remedy the condition
- C is not req’s to ascertain if contract docs meet the req of certifying authority. But if C is
aware of such condition, C must notify A
- C must include a written description identifying any potential effect on sustainability if he
wants a substitution.
 - C must complete any sus doc req’d by sus plan or other contract docs
- C must recycle, remove, dispose of mtrl as req’d by the contract doc for construction
waste mgmt. C must submit a waste mgmt disposal plan to A & O.

Supplementary and special conditions of the contract

In 2 cases, add. Conditions should be separate from the contract - matters pertaining only to the
bidding process in bidding doc, admin & procedural req be givens broad provisions in general
conditions

Examples:
- A submit electronic dwg to C
- Add. info & svc by O
- The cost for A to review C’s request for substitutions
- O (instead of C) to pay for utilities
- Req C to hire a superintendent to coord mech and elec work
- Provisions for fast-tracked scheduling
- Reimbursement by C for extra site visit by A caused by C’s fault
- Add protection for O against claims for add time for consequential damages
- Req for more detailed info on cost and overhead
- Add req for payment procedures
- Req for liquidated damages and bonuses
- Add req for bonding and insurance
A proj may req special conditions which are provisions that are completely unique to a particular
proj or proj site. Special conditions are given in a separate doc attached to the contract.
Provisions of supplementary doc can be used again on the same client/gov regulation/law
But provisions of special doc are written only ONCE for unique circumstances

A - CSL Agreement - AIA C401

CSL is an independent contractor for his portion of work and must perform svc w/ the same
standard of care.
ALL communication btw CSL and O, C, other CSL most go through A.
CSL is not resp for omissions of A or other ppl related to A/C

CSL’s resp
- Recommend A the appropriate surveys, tests, analyses
- Coord his svc w/ A and other CSL
- Provide copies of dwg, spec, other indo to A & other csl
- Provide a schedule for A’s approval
- Assist A in determining whether A should reject work or add. Inspection is req’d

A’s resp
A is req’d to provide all relevant proj info in a TIMELY manner.
A is entitled to rely on the accuracy and completeness of svc and info that CSL provided
Coord code info
A inform CSL about the code req and any design changes that may have code implications.
A is resp for ensuring dwg & specs conform to the codes, CSL is resp for code compliance in
his area of work.

Engineers become resp for compliance w/codes and regulations by signing the dwgs.
Resp for accuracy and consistency.
A is the primary consultant and is liable to O for the CSL’s work.

A - CSL Agreement for s sustainable proj AIA C401 SP

- CSL is resp for sus svc
- CSL must perform sus measures
- CSL must attend sus workshop at A’s request
- CSL doesn’t guarantee the proj will achieve sus objective (Same w/ A?)
A must provide CSL w/ the sus plan

ConsensusDocs
Created by contractors’ association against bias in favor of A in AIA documents.
A should be aware of the risk if O wants to use alt documents and have attorneys to modify ant
unacceptable clauses.

Project Execution and quality control

PM must make sure the proj proceeds according to the work plan, stays on budget, meet the
client’s objectives w/ the expected level of quality.

Proj Exec
Monitoring fees & time
Ctrl and respd to changes in the scope of work
Monitoring the construction budget
Doc the design and construction phases
Adhering to the req of the authorities having jurisdiction
Maintaining overall quality ctrl of the proj

Monitoring Fees and Time

- work plan: compare weekly time sheet data w/ original fee projections
If the actual fees and time expended exceed the estimate, PM must identify and correct.
- Main sources of info are timesheets filled by staff. Need to be accurate.
When PM discovers the proj is going over budget or work progress is lagging, need immediate
correction. Possible reasons:
- Wrong ppl working on the proj
 - Ppl are not keeping pace
- Ppl spending too much time
- Timesheets are not filled out properly

*BEST for PM to ensure CD’s completed and within budget - monitoring timesheets

Changes in scope of work

Scope creep - doing more work than the scope
- Client ask for more - PM (may be w/ principal, ask the client for more fee)
- Project perfection syndrome
- Staff not fully aware of the scope
Solution: rigorously & continuously compare the work being done w/ contract

Monitoring the construction budget

As the proj is developed and refined, new cost est. should be developed
During early phases, the parameter method of budgeting can be used to adjust decisions about
mtrl, products. Systems. (Adv of design-build and IPD, A can get accurate cost info)

If a decision made by client changed the scope, A must immediately inform the client in writing
of how this will affect fees. Client must give written approval for any scope changes.

Refer to Ch 10 & 30 for more on budgeting

Documentation
All work done on a proj must be documented.
- email/written memo
- Copies of correspondence/docu
- Standard forms
- PM software for transmittals, job observation reports, time sheets
- All meetings, mtg notes
- Phone call logs, emails, personal daily logs, letters

Project quality control

QC is an organized set of procedures, systems, tool estab by an office to meet the expectations
of the client, maintain a high level of professional service, reduce risks and liability.

2 aspects to quality: that to A and that to client

The needs of client must be clearly defined during the programming phase of the project.
A successful program will define the client’s overall goals.
If defined by another firm, A must help client express these goals and get written approval of
this statement before design work begins.

2 methods of achieving quality for both CL’s goals and A’s goals: process and checking.
Both are necessary.
Process - make sure task are correct 1st time so no need to redo. Carefully supervised and
work coord. (e.g. step-by-step procedures and checklists )
Checking - make sure a finished product is correct. (review, redline, correct before sending to
others)

Establishing a QC Program
Guidelines:
- Top mgmt must support
- Give 1 person or small group the resp to guide the daily efforts of the QCP
- Involve everyone in the office
- Review past problem areas
- Once identified the problem, set priorities and a schedule for action
- QCP must be maintained and used continually, and updated

QC Techniques
Programming
A must have a written record defining the client’s needs, goals, expectations. A use this to direct
the proj and judge whether or not it is achieving the level of quality expected.

Checklists
E.g. Bldg code checklist
Can be developed for various types of tasks. Useful for achieving consistency and quality for
tasks done by different ppl. Also good for embedding office memory.
Request For Information from C on previous projs are a good source of useful items to add to
checklists.

Process-based systems
Automates a procedure so a task can be performed accurately w/ little human intervention

Quality Mgmt meetings

PM, designer, principal should hold quality mgmt meetings to review the progress of the project

Staffing
Include graduates and interns. Good in-house mentoring and training program, continuing
education should be encouraged.

Quality Circles
A small group of employees who meet regularly to identify and solve problems.
If multiple, a steering committee to oversee and coord them.
Q circles should follow a consistent pattern in dealing w/ problems
1) Problem areas/prj should be identified
2) Got discussed and defined
3) Solution developed
4) Present the solution to mgmt and steering committee
 5) Mgmt decide
Add guidelines
- Must have support from mgmt
- Q circle must be ongoing
- Q circle must not become gripe sessions. Must be prob-solving
- Kept small
- More valuable for large firms
- Be considered a means to help employees develop

Corporate knowledge
Checklists, Standard details and accompanying notes, master spec, in-house computer
database, post occupancy evaluations, project procedure manuals

Porj doc QC
2 categories of proj doc 1) CD (dwg and spec) 2) everything else related (contracts, change
orders, shop dwg logs.
At the end of a job, all doc need to be consolidated into a proj file and retained.

Project files
From the beginning marketing to project closeout and followup.
Should doc the sequence of a proj
Firm should esb a standard office protocol for accumulating, preparing, distributing notes
minutes and other info
Items to keep:
General
- Marketing info and proposals, including all communication w/ potential client
- Contact info for client and representatives, include billing info
- Contracts and agreements
- Documents related to fee negotiations and agreements, include scope
- Doc related to design and construction schedules and any changes
- Doc related to construction budgets, clients’ preliminary budget, approved budget, and
any changes
- Records of communications w/ clients after the contract is signed
- Fee & staffing allocations
- Invoices, statements, backup docs related to client billing
- Records of accounts receivable
- Records of expenses billed or assigned to the proj, include expenses invoices and
consultants’s billing
- Other accounting records pertaining to the proj
- All communications between the design office and other parties, correspondence, mtg
noites, emails, text messages, telephone logs
Programming
- Copy of the program, if done by outside firm
- Complete program req, functional groupings, occupants, indiv space req, furniture
 - Statement of client’s goals and objectives
- Doc of existing conditions
- Sust goals and req
- Written client approval of the program
- Revised proj budget, if changed from the agreement
- Survey info, including request for survey, communications w/ the surveyor and billing
info
- Soil test info
- Building code checklist and other regulatory req
- All communications between the design office and other parties
SD
- Sketches, models, other dwgs, computer files
- Final SD pre, including budget and schedule
- Client’s written approval of schematic design and authorization to proceed
- All communications between the design office an other parties
DD
- Skeches, models, other dwg and computer files
- Final DD pre, budget and schedule
- Approvals of regulatory agencies
- Records of all changes (who & why)
- Client’s written approval and auth….
- All commu between A and other parties
CD
- Suppoprting info for developing CD and spec
- Records of mtrl and product investigation and selection
- Written approval of the doc
- Records related to advertising for bid/proposals
- All communication...
Bidding or Negotiation
- Records of each prime bidder/negotiating contractor
- Record of issuance of contract doc
- Addenda records, including RFI and distribution log
- Bidding records, including submitted bids and bid summary log
- Pre-bid conference notes
- All communication….
Construction Admin
- Record of all prime contractors, including record of receipt of bonds, certificates of
insurance, dates of approval, contract signed
- Reference copy of the contract between O and C
- List of subC w/contact info
- Copy of C’s approved schedule
- Copy of payment schedules, schedule of values, and other cost-related doc
- Records of issuance of all permits
- Shop dwg and shop dwg log
 - Samples and sample submittal log
- Copies of test reports
- Field reports
- photo/videos
- Change orders, including pricing request, approved copies, change order log
- Application and certificates for payment
- All communication….
Project Closeout and Follow-up
- Punch list and follow ups
- Certificate of subs completion
- Final certificate for payment
- Testing and balancing reports
- Commissioning reports
- Copies of release of liens or date of release of liens
- Copies of guarantees, bonds, operating instructions
- Copies of record dwgs
- Project closeout form
- Construction cost summary
- All communications…..

Contemporaneous Documentation is the recording of communications that are not normally

relegated to a standard form. There should be an office protocol for archiving the records.A proj
website is one way of doing this. Social media is not appropriate.

Add. guidelines:
- Communicate potential problems w/ team member
- Avoid assigning blame
- Include the date of each communication, make a note of the parties
- Use spiral-bond notebooks and write in ink
- Be consistent in how the info is communicated, or the court may be suspicious on that

Contemporaneous Doc should follow certain guidelines to avoid the possibility of being
considered as hearsay, unless they come under the Business Entry Rule/ Business Records
Exception to the Hearsay Rule. The records must be recorded shortly after the act.

CDs
Imptt for PM to monitor the work to avoid the rush to complete the proj.
Guidelines:
- A single source of ctrl
- Industry standards, stay current w/standards
- Professional standards (similar to standard of care, but to indiv), follow generally
accepted methods and procedures of practice
- Communication and coord: procedures for meeting and written comm, regular exchange
of progress dwgs, design checklists, assign one person for implementing these policies
 - Work procedures: all staff should use QC checklists
- Research - products, improve specs, design techniques
- Eval and feedback

Construction documents checklist

1) O must approve DD in writing
2) A should settle all design decisions

General QC Issues
Before Starting CD
- Verify design solution meets all program req, use checklists
- Verify design solutions meets all regulatory req, zoning, bldg code, verify preliminary gov
approval has been obtained
- Obtain from client all the info needed for the project manual, type of contract, insurance
and bonding, modifications to contract, approved alt, items to be supplied by O

Issues during production of CD

- Prep an outline of the scope of CD req’d, working dwg sheet mockup, detail list,
numbering system, a list of req’d technical sections of the project manual, other req’d
documents of the project manual.
- Check whether the client has special req for the dwgs or the proj manual, a specific
sheet size, etc
- Check dwg ar 50% completion. Submit them to the client for review & approval - just for
checking if it’s against programming, not to make changes which req extra svc and time.
- Review completed construction and bidding docs w/ client. Obtainthe client’s written
approval to proceed to the bidding/negotiation phase

Cost Issues
- Update the DD budget to reflect any changes or development of details (including
mech/elec) Notify the client immediately if there is significant variance from budgets to
obtain approval before proceeding to CD

Scheduling Issues
- Determining staffing to complete CD according to schedule, req more detailed
scheduling
- Allow enough time at the end of doc production to check for errors and correct them
Coordination
- Review w/ csl any changes made during DD
- Supply csl w/ info they need on desired spec items, can also include performance req
such as color and appearance
- Supply csl w/ a template for the desired spec format, including numbering system, page
layout, and the like. Ask csl to follow A’s specs
- Hold regular mtg w/ csl. Exchange progress dwgs weekly/biweekly
 - Verify working dwg comply w/ bldg code req, including details, specified mtrl,
measurements and other elements. Providing each person a code checklist made in
programming or design phases

Records Mgmt Issues

- Doc all decisions and changes made by the firm/client during CD phase
- Obtain written approval of the docs from the client

Ideally, the CD set should be checked by someone hasn’t worked on this project, whether is
internal or external. Including reviewing the csl’s dwg and spec sections

Coord w/ regulatory agencies

PM is resp to guide the client to obtain gov approvals, e.g. preliminary site plan, land-use
proposals, sketching preliminary bldg designs, meeting w/ gov agencies and neighborhood
groups

PM should confirm the applications are completed. This work is add svc so A must est time and
cost and get client’s approval.

If the bldg presents unusual design challenges, it may req zoning variances or unusual bldg
techniques/mtrls. A will need to work w/ bldg officials, zoning regulators to get advice and
approval for deviation from zoning req. A must also find alt means to pass bldg codes (a code
csl may be obtained)

PM is resp to ensure the design is continually checked against the req of zoning code and local
regulations.

*predesign study should include a list of local, state, fed codes, req and regulations.
*SD, including site design, need to check local zoning, environmental/historic req.
*scope change may trigger a code check
*at the completion of CD the proj is sent to code officials for review

Design Process Reviews

PM and design staff must keep in mind the original assumptions about the proj design - size,
relationship of spaces, overall functionality, req to bldg systems, mtrl, finishes, sus issues,
general level of quality,

Design review can be accomplished w/ checklists, regular comparison w/ program, regular client
reviews and written approvals.

*value analysis: performed by an independent team (not associated w/ origins design) focusing
on ways to lower construction cost during DD of a proj. It identifies the functions of the facility,
estb the worth of those functions, prov the necessary functions to meet the req’s performance at
the lowest overall cost. It includes 5 phases: info - creative (identify options) - eval -
development - presentation (final step in the VE process)

When O wants a VE, A ‘s svc are out in 3 categories: 1) pre-workshop, presenting proj goals
and rationale 2) workshop, reviewing and eval proposals 3) post-workshop, prep a VE report to
O advises O of the estimate of the cost of the work resulting from VE.

If O decide to incorporate VE, O should waive claims against A from any dmg, losses, legal fees
which relate in any way to this decision.