Methods - Professional Practice
A201 Articles
1 general provisions, 2 owner, 3 contractor, 4 architect, 5 subcontractors, 6 construction by owner or by separate contractors, 7 changes in the work, 8 time, 9 payment and completion (close out), 10 protection of persons and property, 11 insurance and bonds, 12 uncovering and correction of work, 13 miscellaneous provisions, 14 termination or suspension of the contract, 15 claims and disputes
What should you consider when dealing with "calendar days" as opposed to "work days"
A calendar day must be handled with accordingly regardless of its status. It doesn't matter if its Christmas, your mom's birthday, etc.
Intellectual Property is protected via:
Copyright - single instance (e.g. a single drawing set) Patents - mass produced Trademarks - a single "thing" repeated (e.g. a logo, the McDonald's golden arch)
True or False: An architect may accept compensation from equipment suppliers in return for specifying their products as long as the architect does not solicit the compensation from the supplier.
False
True or False: Copyright issues and plan ownership issues are civil issues that fall outside the jurisdiction of an architectural registration board.
False
True or False: In connection with seeking commissions, an architect may give substantial gifts to prospective clients as long as none of the clients are government officials.
False
True or False: In most states, it is acceptable for architects to sign a contract to provide architectural services and to design a project to the point of submitting building permit drawings before registering in the state.
False
True or False: In most states, when making public statements on architectural and landscape issues, an architect/landscape architect need not disclose any economic interest the architect has in issue.
False
True or False: The architect's professional conduct responsibilities are fully discharged if the architect simply tells the owner that concrete fails to meet strength tests.
False
True or False: If an architect/landscape architect knows that his/her client is refusing/against the architects' advice to correct a building code violation that makes the building/site unsafe, the architect must report the decision to the code authority having jurisdiction.
True
True or False: Work such as designing a single-family residence is exempt from a state's definition of the "practice of architecture", anyone can design such exempted buildings.
True
True or False: To exercise responsible control over plan preparation, an architect must have control over and detailed knowledge of the content of the plans during their preparation to seal/stamp.
True (Don't rubber stamp)
What is the Berne Convention Act of 1988?
US believes in artistic value so they will try to protect you even if you fail to send it to the library of congress, I.e. get a copyright...
who initiates the close out
contractor
What are ten planned activities in the phase schematic design
design, outline specs, presentations, checking revisions, documentation, coordination, admin/management
Aristotle Art of Persuasion
establish credibility (show experience), make your message relatable (connect with audience), virtue (high moral standards)
How often does AIA update their contracts?
every ten years
In A201 (or B101?), what duties are given to the owner?
evidence of funds, stop work (they don't have to have a reason), must respond in timely manner, 15 days to stop work, site info (deeds, easements, etc.), can ask contractor to clean site or can have someone else clean site and charge contractor for it
Drawings in a courtroom of law are referred to as what...?
exhibits
Name 6 consultants that are typically not included in the gross fee
food, civil, land, cost estimating, lighting, interior
Contract time
The period of time within which the majority of the work must be completed, as established in the contract documents. if work is delayed to no fault of the contractor (in case of emergency etc.) the work time can be extended through a change order made by the arch. Marjorie recommends that you discuss with the contractor how many days should be added.
Who is a Project Manager?
The person that coordinates and facilitates the project and project sponsors' goals in accordance with the Project Review Team's recommendations and requirements
Who is a Project Architect?
The person, firm or corporation appointed by the Owner to provide a design, contract documents, and contract administration of construction work
In order for a copy righted set of drawings to be admitted as exhibits in a courtroom of law they must...
have a date of publication, must have been submitted to library of congress no later than 3 months after publication. your firm name (be mindful when first creating name and logo because if you change your firm name/logo this can cause issues down the line)
Name an additional service for an architect
pre-design (not included in schematic) (no thickness in walls, egress is not considered)
Sub-categorize the title of principal into three different cateogries
principal in charge, design principal, technical principal
In managing fees, list ten positions with billing rates
principals (typically 3), project manager, project architect, job captain, CAD captain, designer, drafter, director of interiors
A201 definitions: instruments of service
representations, in any medium of the creative work of the architect and architect's consultants (may include without limitation studies, surveys, models, sketches, drawings, specs, etc.)
Outline 6 basic services and their related percentage of fee structure
schematic 15%, design development 20%, contract docs 40%, bidding 5%, contract documents 18%, closeout 2%
B101 is
standard form of agreement between architect and owner
When negotiating, one should...
stay in the stress
Formula for obtaining a rough architectural fee
take gross construction cost and apply architects % of the take (i.e. 6%, in OKC typically 8%). Realize that subs (i.e. MEP and structural) then get 40% of that. Consultants that are not included in gross fee are food, civil, land, cost estimating, lighting, interior
Owner can give how many days to have work brought up to par?
ten days
Notify up front who will hold the Builders Risk Insurance. who is responsible?
the arch isn't responsible for having the insurance, however, the as the administrator of the contract, the arch is responsible for verifying that a party does have it
Who is responsible for determining the date of substantial completion?
the architect
A201 definitions: work
the construction and services required by the contract documents done by the contractor
As per A201 article 10, who is responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the performance of the Contract.
the contractor
A201 definitions: contract
this is the agreement made with the owner and architect and the other parties
what is a typical net profit percentage for architectural services.
15%
In A201 (or B101?), what duties are given to the contractor?
24 inspections, pays taxes for the work, submit subs to arch and owner for approval, bidding permits, must keep contract documentation on site, keep site open to arch/owner at all times
B101 Articles
1. initial information, 2 architect's responsibilities, 3 scope of architect's basic services, 4 supplemental and additional services, 5 owner's responsibilities, 6 Cost of the work, 7 copyrights and licenses, 8 claims and disputes, 9 termination or suspension, 10 miscellaneous provisions, 11 compensation, 12 special terms and conditions, 13 scope of agreement.
If you place your drawing set in the Library of Congress, I.e. get it copyrighted, you avoid what?
1. people being able to claim innocent infringement 2. you avoid delayed lawsuits, 3. you avoid attorney fees
Supplementary Conditions or customizing A201 can be found in...
A503
For Application and Certificate for Payment....
Application completed by Contractor and must show status of: contract sum to date, including the total dollar amount of the work completed and stored to date, the amount of retainage, the total of previous payments, a summary of change orders, the amount of current payment requested. Certification completed by Architect and send to owner. Should be completed in 7 days. Contractor then has 7 days to pay subs. if subs are not paid after 14 days, they can leapfrog the contractor and notify the architect in written form (otherwise this is not allowed). Architect receives proof and notifies the owner that subs were not paid on time.
For Application and Certificate for Payment, Arch must know what about materials?
Arch must know where materials are being stored. They cannot certify payment for materials if they are not known to be on site.
What is an "architect of record"?
Architect licensed in the state where the work is located. Architects which stamp.
Application and Certificate for Payment
G702
True or False: Even though an architect may be registered in many states, an architect may not practice architecture in a state which he or she or their corporation is not registered.
True
True or False: AIA documents are copyrighted and this shows up in red ink.
True
True or False: An architect practicing out of state and disciplined there for a violation of that state's rules of conduct is not subject to discipline in the architect's home state under similar rules of conduct because his/her home state registration board cannot look beyond its borders in meeting others laws
True
True or False: An architect with knowledge that another architect has engaged in unlawful plan stamping (rubber stamping) is required to report this to that states' board.
True
True or False: An architect/landscape architect is not subject to discipline for incompetence unless there is an actual building failure.
True
True or False: An architectural firm offering architectural services through multiple offices must have a registered architect regularly employed in each of the offices.
True
True or False: Architect and Engineer work falls under the protection of an author? I.e. copyrights if obtained?
True
True or False: Architects may not be legally able to collect fees for architectural services rendered in states where they are not registered.
True
in terms of street wisdom for construction industry: fiduciary
a relationship that is less business oriented and more mentor or parental. Less of an architect and more of a guardian. You don't want to do this.
A201 definitions: contract documents
accompanied with A201
In A201 (or B101?), what duties are given to the architect?
administer of the contract, aesthetic authority (even over the owner), can submit supplementary information for the contract
A201 Article 7, Changes in Work Definitions: Change Order
agreement between arch and contractor (change in cost or construction time)
A201 Article 7, Changes in Work Definitions: Change Directive
agreement between arch and owner
A201 Article 7, Changes in Work Definitions: Change in Minor Work
alone by arch
What can the architect do in a scenario when an application for payment cannot be certified?
arch can withhold certain parts of an application
In A201 (or B101?), what duties are given to the subcontractor?
communication. the GC must talk to the arch before the owner. the owner must talk to the arch before the GC (as per B101 5.12)
in terms of street wisdom for construction industry: indemnify
held harmless, its not my responsibility, its yours.
lien
law to protect the "labor-intensive man". owners don't like liens on their property because they can't sell the land until the liens are cleaned up and paid. ensures architect is paid.