Second Exam Cards Chapter 6-12

What is an advantage of phased construction (Fast-Tracking)?

Early activation of the construction loan

In the American Institute of Architects Code of Ethics, what is the difference between Ethical Standards and Ethical Rules?

Ethical Standards are the specific ethical goals to which members of the AIA should aspire.Ethical Rules are mandatory and absolute minimum that must be adhered to.

Basic design services include helping the client prepare a presentation for the planning commission, zoning board, or city council. T/F

False

Basic or additional design services include preparing financial information that will help a client obtain financing. T/F

False

If an owner has expectations for the completed project that are unrealistic, the code of ethics states that the architect must be upfront and honest about what the possible results of the project will be, unless there is a chance that the owner may go to another firm and the architect will lose the client by saying no. T/F

False

In certain circumstances, it is possible for an ethical rule to violate the law. T/F

False

The design professionals site inspections need not comply with the professional standard of care. T/F

False

A relationship is when one party has superior knowledge and authority and that party is in a position of trust and confidence over the weaker party.

Fiduciary

If an owner decides that all bids that have been submitted for a project are too high, what may that owner do?

He has the right to reject all the bids and repeat the bidding process again.

Why was bidder D disqualified?

He turned his bid in late

What are the six canons of the American Institute of Architects Code of Ethics? page. 266

I. General obligations II. Obligations to the public III. Obligations to the client IV. Obligations to the profession V. Obligations to other architects and colleagues VI. Obligations to the environment

What are the seven rules of the American Institute of Constructors Code of Conduct?

I. The CONSTRUCTOR shall maintain full regard to the public interest in fulfilling his or her professional responsibilities to the construction industry. II. A CONSTRUCTOR shall not engage in any deceptive practice, or in any practice which creates an unfair advantage for the constructor or another. III. A CONSTRUCTOR shall not maliciously or recklessly injure or attempt to injure the professional reputation of other. IV. A CONSTRUCTOR shall ensure that when providing a service that includes advice, such advice shall be fair and unbiased. V. A CONSTRUCTOR shall not divulge to any person, firm, or company, information of a confidential nature acquired during the course of professional activities. VI. A CONSTRUCTOR shall carry out responsibilities in accordance with current professional practice. VII. A CONSTRUCTOR shall keep informed of new concepts and developments in the construction process relative to his or her responsibilities.

What is law? professional ethics slides

Imposes the minimal standard of conduct demanded by society

Whats another name for project alliance?

Integrated project delivery - Similar to partnering and lean project delivery

What licensure requirements do all states have for engineers? Ch. 8

Licensure requirements vary between the states. Some states require citizenship and residency. Most have minimum age requirements, usually ranging from 21 to 25. All require a designated number of years of practical experience that can be substantially reduced if the applicant has received professional training in recognized professional schools. All states require at least one examination, and some require two.

Does the fact that paying government officials for receiving contracts seemed to be a commonplace business practice in Maryland at that time make this practice ethically acceptable?

No, it breaks the ethical code of bribery. If it feels wrong it probably is wrong. The money was also tax dollars from the people of Maryland.

Why are professional ethics important?

Objective: prevent individual members of the association from undermining the good standing and reputation of the association. Enforcement: denial of membership in the association. Consistent with the law but no independent force of law

Which of the following is NOT one of the six canons of the American Institute of Architects Code of Ethics?wh

Obligations to investors

How does the Engineers Joint Contract Documents Committee (EJCDC) Document E-500 (2008) address the owners use of documents generated by the deign professional?

Preparation of application and supporting documents (in addition to those furnished under basic services) for private or governmental grants, loans or advances in connection with the Project; preparation or review of environmental assessments and impact statements; review and evaluation of the effects on the design requirements for the Project of any such statements and documents prepared by others; and assistance in obtaining approval

What does the copyright act protect? How does the design professional protect its copyright? What conditions will lead professionals to believe its copyright has been infringed?

Protects: 1. Literary works 2. Musical works, including any accompanying words 3. Dramatic works, including any accompanying music 4. Pantomimes and choreographic works 5. Pictorial, graphic, and sculptural works 6. Sound recordings 7. Architectural works Design prof:

When the private sector finances or builds and/or operates specific public sector activities in exchange for a contractually specified stream of future revenues generated by that activity, it is called ________ .

Public-Private Partnership

What should the engineer do in the face of competition from others who are willing to resort to bribery?

Report the organizations who are trying to take part in this kind of activity, or get a new job somewhere else

What are the licensing complications if a design professional practices in a business organization other than a sole proprietorship?

Section 8.4G, proper licensing of a contractor depends on the nature of the business organization in which the contractor practices. To obtain a license, it must be obtain through either a responsible managing employee (RME) or a responsible managing officer (RMO).

What is professional ethics?

Self-policing rules on behavior governing members of a particular industry or business association.

Article 4 of the AIA Document B101-2007 entitled "Additional Services" includes sections that apply to all of the following EXCEPT

Services that the architect and owner agree to exclude from the contract

What is the principal purpose of a submittal?

Shop drawings and product data

If a design professional is considering performing design services either in another state or for a project that will be built in another state, what should that design professional do?

Should receive legal advice on the proper process for ensuring that he/she is not violating the laws of the state where the services are performed or the project is located.

What are some of the factors that may provide statutory exemption for some projects from needing a licensed architect to design and stamp the drawings?

Small projects do not necessarily require the services of an architect. Some statues exempt projects based upon their size ( square footage), height, and type (single-family) dwellings are more likely to be exempt).

What includes shop drawings and product data that illustrate the materials or equipment the contractor proposes to use?

Submittals

According to the American Institute of Architects Code of Ethics Rule 2.105, what must an architect do if he believes that his supervisor's or client's decision could endanger the safety of the public?

The AIA Code requires the architect to advice that person against the decision and refuse to consent to it, and then to report it to the building inspector "unless the Members are able to cause the matter to be satisfactorily resolved by other means."

What is the purpose and the effect of the Federal False Claims Act?

The Federal False Claims Act (FCA) is a leading body. It creates legal responsibility for fraud against the federal government.

If an architect does an objective review of the specifications and it shows that delayed performance was caused any lack of clarity in the design, what does the American Institute of Architects Code of Ethics require that architect to do?

The architect has an obligation to accept responsibility for the delay rather than attempt to shift it to the contractor.

In the case of board of education of the hudson school district vs. sargent, Webster, crenshaw and folley, what was the primary reason the court ruled the architect breached their contract?

The architect was aware of the defect in the design but failed to report it to the owner

The construction cost (or "Cost of Work") does NOT include what?

The architects compensation

The most common basis for waiving a cost condition is what?

The clients making excessive changes during the design phase

According to the Construction Management Association of America's Code of Professional Ethics, what are the factors that a construction manager promises to never discriminate in the performance of their services?

The factors that a construction manger promises that he will represent his qualifications in truthful manner and will never violate any law or statue for any client and will service his clients with honesty and integrity.

What are the two main categories of licensing laws and what does each entail?

The first category is of statues that regulate use of the professional title and are called "holding out" statues. Usually conducted by a person leading another person to trust that he posses an authority but in reality he is not having. The other laws for design focuses on allowable professional practices. Statutes define what activities fall within the practice of architecture and the practice of engineering.

B101-2007, Section 9.1, gives the architect the power to suspend or terminate services if what?

The owner fails to make payment

The law generally places the risk that performance will cost more than planned on which party?

The party who has promised to perform

What is the principal sanction for the unlicensed practice of architecture, engineering, or construction work?

The principal sanction for the unlicensed practice of architecture, engineering, or construction work is to deny recovery for work performed

What is the purpose of professional ethics and what is the ultimate penalty for violating a code of ethics of a professional society? Ch. 13

The purpose is to seek to prevent individual members of the association from undermining the good standing and reputation of the association. Violation of professional ethics may ultimately result in a denial of continued membership in the organization which is a way of kicking out members so the association may retain a high standing of proper conduct within society.

In the case Duncan v. Missouri Board for Architects the statutory provisions made it clear that Missouri has established a stringent set of requirements for professional engineers practicing in the state. What requirements were established for public policy of the state for the protection of the public?

The thrust of those requirements is professional accountability by a specific individual certified engineer. These requirements establish the public policy of the state for the protection of the public. They require that plans for construction of structures in this state which require engineering expertise be prepared by or under the direct supervision of a specified certified engineer.

How should funds that are held by the design professional that belong to the client be handled?

They should be handled separately Commingling is a breach of the fiduciary obligation

What is the ethical status of campaign contribution given to a politician to secure future businesses? Is this a bribe?

This is unethical, and yes it is a bribe. If a contribution is given with expectations with receiving something in return.

In the design phase, quality, price, and completion date are interrelated.

True

Most any claim against an architect can include an alleged violation of Rule 4.103, which states, "Members speaking in their professional capacity shall not knowingly make false statements of material fact." T/F

True

One weakness of the design-build project delivery method is that an unsophisticated owner often lacks the skill to determine whether the contractor is doing the job well or as promised.

True

The AIA Code of Ethics states that, because architects need access to sensitive material from owners that would be harmful if made public, architects must be sure to safeguard this information and keep it confidential. T/F

True

The principal purpose of a submittal is to obtain a representation from the contractor as to how it plans to execute the aspects of the design for which submittals are required. T/F

True

The relationship between a hirer and independent contractor can be arms length, fiduciary, or any characterization between those extremes. T/F

True

What are morals?

Underlying or philosophical principles of proper conduct

Which of the following statements is NOT true?

Unlike an architect, an engineer is not considered a design professional.

What does VECP stand for? Ch. 14

Valued engineering change proposals - Alternate plan where money is shared

When would contractors be most likely to contract on a cost basis?

When they are uncertain about how to accomplish contractual requirements

What is unit pricing? Ch. 14

Work divided into units and contractor is paid a designated amount for each unit - Must clearly specify if unit prices include preparatory work for entire job - Federal vs. AIA approaches to inaccurate unit $$$ - Costanza vs. Rochestor

What is a teaming agreement and when is used?

a. A teaming agreement is a contract between a potential prime contractor and another firm that agrees to act as a potential subcontractor; they are used when the federal government has embarked on programs to fulfill procurement needs, mainly in high-tech defense industry. Pg. 298

The widespread adoption of BIM in the construction industry has led to all of the following legal issues EXCEPT ________ .

allocation of design defect liability to the architect alone

The ultimate penalty for violating a code of ethics of a professional society is ________ .

denial of continued membership in the organization

If an owner commissions a project using the design-build project delivery method but believes this arrangement does not provide someone to look out for the owner's design interests, the owner may ________ .

hire a design professional to create the preliminary design

From an organizational perspective, performance specifications are used ________ .

on a design-build project

The purpose of professional ethics is what?

to seek to prevent individual members of the association from undermining the good standing and reputation of the organization

Principles underlying the "Toyota Way," which are the basis for lean project delivery, include all of the following EXCEPT ________ .

tying the financial success of the project participants to the success of the project

What is bid shopping?

•Bid shopping is the unethical practice of securing a lower bid than the one originally obtained by disclosing the bid of contractors or subcontractors to other bidding contractors or subcontractors (competitors).

What are the AIA code of ethics for architects?

•General obligations; •Obligations to the public; •Obligations to the client; •Obligations to the profession; •Obligations to colleagues; •Obligations to the environment.

What was Agnews consequences due to corruption?

•In 1973, Agnew was investigated by the United State Attorney for the District of Maryland on charges of extortion, tax fraud, bribery and conspiracy. •On October 10 Agnew was allowed to plead no contest to a single charge that he failed to report $29,500 of income received in 1967 with the condition that he resign the office of Vice President. •Agnew's lawyers entered into a plea bargain with the federal prosecutors. The deal: In return for pleading no contest to a tax avoidance charge and paying $160,000 in back taxes (with the help of a loan from Frank Sinatra), Agnew would receive a suspended sentence and a $10,000 fine.

How was the kick back scheme to the Veep set up?

•Lester Matz and John Childs were two of many engineers who participated in his lucrative kickback scheme. •Even though their firm was doing reasonably well, they entered into the arrangement in order to expand their business •Their consulting firm was given special consideration in receiving contracts for public works projects so long as they made secret payments to Agnew of 5% of fees from clients. •Agnew took hundreds of thousands of dollars in contractors' kickbacks •Agnew was charged with having accepted bribes totaling more than $100,000 while holding office as Baltimore County Executive, Governowr of Maryland, and Vice President •Envelopes filled with cash given to him in his office detailed in 40 page report

Who was Spiro Agnew?

•Spiro T Agnew was the first of two vice presidents who served in Richard Nixon's presidency. •He was vice president from 1969-1973 •He was also Governor of Maryland (1967) •Agnew was forced to resign his position due to acts of corruption

What is considered unethical behavior for an owner?

•Trying to force reputable contractors' rates too low •Refusing to deal with variation claims •Suing even when contract terms are followed •Refusing to pay on time or the correct amount •Trying to change the contract terms after the project

What are tell-tale signs of bid rigging?

•repeated awards of projects to the same company, •subcontracts given by the winning bidder to the losing companies, •final products and work quality that is inferior to what was proposed, •responses to a particular proposal from fewer bidders than is usual, •an absence of proposals from highly qualified firms, and •complaints from other bidders about the fairness of the process

What is the COAA way?

"Building better project together" - The COAA Way is a "way" for completing projects successfully, a desire to continuously improve, and a belief that working collaboratively will lead to greater success.

Copyright laws protect work of a design professional, including what?

- Actual construction of the structure - Proposed design solution in tangible form - Intellectual effort

What can an owner do if that owner commissions a project using the design-build project delivery method and believes the arrangement does not provide it with an independent actor looking out for its design interests?

- Bridging which involves the owner hiring a design professional to create the preliminary design. -

What were the key issues that led to the collapse of the skywalk in the Duncan v. MissouriBoard for Architects case?

- Failure of the connection between the walkway box beam and support rod. - Poor communication between the design team and the construction team contractors. - Inadequate design verification process.

what is a teaming agreement, and when is it most commonly used?

- Have been used when the federal government has embarked on programs to fulfill procurement needs, mainly in the high-tech defense industry. It is a contract between potential prime contractor and another firm that agrees to act as a potential subcontractor.

What changes did the AIA make to B101-2007, 3.6.2.1, in an attempt to create a subjective standard in terms of an architects duty to inspect the work?

- It eliminated the "endeavor to guard" language. - It imposed upon the architect a duty to report to the owner only "known deviations" from the design requirements and "defects and deficiencies observed in the work"

What are some of the legal impediments caused by the widespread adoption of BIM in the construction industry?

- It erases the distinctions among designer, builder, and component supplier. - Integrates the contractor, vendor, and fabricator information into a seamless whole.

Which of the following can be used by a plaintiff architect to establish a copyright infringement claim?

- The defendants desing is substantially similar - The defendant directly copied original (copyright-protected) parts of the design - The plaintiff has ownership and registration of the copyright

What is a public-private partnership and how does it differ from traditional public contracts?

- They differ from traditional contracts in financing, operation, and procurement methods. - In a response to a problem of inadequate funding, governments both in the U.S. and internationally have looked to collaboration with the private industry as one solution.

From an organizational perspective, when are design specification used and when are performance specifications used?

- design states precise measurements, tolerances, materials, construction methods, sequences, quality control, inspection requirements, and other methods. (used on design-bid-build project DBB) - Performance states the performance characteristics required; meaning "pump will deliver fifty units per minute, a heating system will heat to 70 degrees F, etc.." (used on design-build DB)

What are the weaknesses of the design-build project delivery method?

1. Absence of an independent design professional selected by the owner can deprive the owner of the widest opportunities for good design. 2. An unsophisticated owner often lacks the skill to determine whether the contractor is doing the job well or as promised. 3. Progress payments provide problems

What are the three principals underlying the "Toyota Way," and which are the basis for lean project delivery?

1. Allowing anyone, including factory workers, to stop production in the face of a defect 2. Just-in-time delivery of materials 3. Subsuming the individual production units within the output of the entire project -

What are the three parts of the Article 4 of the AIA document B101-2007 that is entitled "Additional Services?"

1. Applies to additional services agreed upon at the time the constact for design services is made 2. Blank for parties to write in additional services 3. Additional services architect discovers need to be performed after signing contract

What are the five choices an owner has if the lowest bona fide bid or negotiated price exceeds the budget of the project?

1. Approve an increase in the fixed limit 2. Authorize rebidding or renegotiating 3. Terminate and pay for work performed and termination expenses if project is abandoned 4. Cooperate in project revision to reduce cost 5. Implement any other mutually acceptable alternative

Who are the main players in a construction team?

1. Architects 2. Owners 3. Contractors 4. Engineers

What are the ten categories of the Construction Management Association of America's Code of Professional Ethics?

1. Client Service 2. Representation of Qualifications and Availability 3. Standards of Practice 4. Fair Competition 5. Conflicts of Interest 6. Fair Compensation 7. Release of Information 8. Public Welfare 9. Professional Development 10. Integrity of Profession

If a design professional decides to use an hourly rate for compensation for additional services, what four detailed cost records are required?

1. Exact amount of time 2. Precise project on which work was performed 3. Exact nature of the work 4. Who did the work

What are the six fundamental canons of the National Society of Professional Engineers Code of Ethics?

1. Hold paramount the safety, health, and welfare of the public 2. Perform services only in areas of their competence 3. Issue public statements only in an objective and truthful manner 4. Act for each employer or client as faithful agents or trustees 5. Avoid deceptive acts 6. Conduct themselves honorably, responsibly, ethically, and lawfully so as to enhance the honor, reputation, and usefulness of the profession

In the instructions to the B101-2007 Document, what are the four methods to compute compensation for architectural services that are based on cost and time?

1. Multiple of direct salary expense 2. Multiple of direct personnel expense 3. Professional fee plus expenses 4. Hourly billing rates

What are the principal advantages of the design-bid-build delivery system?

1. Owner can select from a wide range of design professionals 2. For inexperience owners, an independent professional monitoring the work with the owners interest in mind can protect the owners contractual rights 3. Not awarding the contract until the design is complete should enable the contractor to bid more accurately, making a fixed-price contract less likely to be adjusted upward except for design changes 4. Subcontracting should produce highly skilled workers with a specialization of labor and should create a more competitive market because it takes less capital to enter.

In the case Griswold and Rauma, what were the four factors that were identified by the court as being relevant to a determination of what the effect on compensation of an architect or building contractor should be when the actual or probable cost of construction exceeds an agreed maximum cost figure?

1. Plaintiff did not guarantee maximum cost figure 2. Probable cost did not substaintially exceed cost figure 3. Defendant approved substantial changes beyond original plans 4. Plaintiff showed defendant how they could reduce the cost of the lowest bid

What are five factors that the owner can take into account to determine whether a company is a responsible bidder?

1. Proper Knowledge and skills 2 Money management and decision making skills 3. Strong moral principle 4. Previous work performance 5. Organization and its administrator

According to Article 3 of the AIA B101-2007 document, what are the five components of architectural services? Ch. 9

1. Schematic design phase 2. Design development phase 3. Construction documents phase 4. Bidding or negotiation phase 5. Construction phase

What are the suggested interim fee payments for design professionals according to the 1977 B141a ("Instruction Sheet") Document?

1. Schematic design phase - 15% 2. Design development phase - 35% 3. Construction documents phase - 75% 4. Bidding or negotiation phase - 80% 5. Construction phase - 100%

In most construction contracts executed on standard documents published by the professional associations, completion has two stages. What are they?

1. Substantial 2. Final

What are the two stages of completion according to most construction contracts executed on standard documents published by the professional associations?

1. Substantial 2. Final

What are the two models of cost predictions a design professional can use and how do they differ?

1. Traditional: Design professionals using rough rules of thumb based on project square 2. Refined:

What are the two types of provisions for termination of a design contract?

1. Unenforceable and no cause or convenience - substantial or material

What behaviors can be viewed as being unethical in the construction industry?

1.Not ensuring your project is safe 2. Giving the client a poor-quality project, or one that is defective. 3.Deliberately omitting items, or supplying products that do not conform with the project specifications. 4.Paying bribes or providing incentives to the client's representatives so they award the construction project to you 5.Not paying employees their agreed wages 6.Contractors that 'rig' or fix prices 7.Clients that 'bid shop' 8.Contractors that submit bogus or overly inflated variation claims 9. Poor environmental practices 10.Theft of any sort.

According to the EJCDC Document E-500, Exhibit A, how many optional additional services require the owners written authorization and how many required additional services not requiring owners' written authorization are listed?

25 and 9

What is a nonconforming bid?

A nonconforming bid is a bid which does not meet all the requirements of the agency who has invited the bid or conforming bids has presented better option in lowest price. The requirements may relate to work process, completion time, past performance records, bond submission or any requirement which is related to the contract.

Which of the following is NOT one of the six fundamental canons of the National Society of Professional Engineers Code of Ethics?

Act as a reasonable professional would act in similar circumstances.

What are the advantages and disadvantages of phased construction? (fast-tracking)

Advantages 1. Owner is the early activation of the construction loan 2. Evolution of the design is likely to generate claims Disadvantage 1. The incomplete design 2. Greater likely hood that there will be design omissions 3. Greater likelihood that one participant may not do what it has promised and thus adversely affect the work of many other participants.

What is fixed-price contracts?

All risks that make performance more costly then planned fall on contractor Clauses: - Price escalation - Differing site conditions - Design changes - Incentive (opposite of liquid damages) Advantages: - Higher budget certainty - Owner doesn't need to monitor contract costs as closely

What are the ethics for architects?

American Institute of Architects (AIA) - Architects have overarching ethical obligations to perform their services to the best of their ability and to provide their clients with the best possible buildings for their clients; wants and needs

Funds that are held by the design professional that belong to the client should what?

Be keep separate because co-mingling is a breach of the fiduciary obligation

Why should assistance in obtaining financing and economic feasibility studies no be considered part of basic design services?

Because if venture is unsuccessful, the design professional will be exposed to claims by the client. Such predictions are treacherous and are ones for which design professionals are rarely trained.

What is the difference between bid rigging and bid shopping?

Bid rigging is an illegal agreement to effectively raise prices on the owner. Competitors meet in advance of the bid and agree on who will win the bid and at what price. Bid shopping is when the general contractor, after being awarded a contract, shops the lowest number to other companies or demands the low bidder to lower its number in order to keep the project. The general contractor does not pass any of these cost savings to the owner, but keeps it for itself.

How are both design contracts and construction contracts usually obtained in public works projects? Ch. 15

Both design contracts and construction contracts are obtained differently in the public work projects. Construction contracts are basically focused on price, and the price selection is done in the bidding process. And the design contracts are done by negotiation where price is secondary point.

What case dealt with multiple primes?

Broadway vs. Rutgers

Which states currently license construction management as a separate profession?

California, Idaho, and Oklahoma

Which of the following is NOT one of the seven rules of the American Institute of Constructors Code of Conduct?

Carry out responsibilities in accordance with project goals and objectives

What is the most common basis for waiving a cost condition?

Clients make excessive changes during the design phase

What is guaranteed max price?

Combines advantages of cost contracts and fixed price contracts

What are the three primary items that are the template of competitive bidding?

Competitive bidding is the process of selecting the best proposal among the competing vendors who have submitted their bids. The three primary items that are the template of competitive bidding are. 1. all the bids should be sealed and received by the specified time and date. 2. bids are open quickly 3. the selection of bid is basically focused not he price and it should also ensure that the bid is responsive and the bidder is responsible.

What is the primary function of the Brooks Act?

Congress enacted the Brooks Act in 1972. It decides how the contracts of design services will be given by federal agencies. It also communicates the policy of the federal government to negotiate on the basis of qualification which will depend on the type of expert service required, at fair and reasonable price.

Which of the following is NOT an advantage of the design-bid-build delivery system?

Construction can begin before the design is complete

When prospective contractors cannot be relatively certain of what they will be expected to perform, or where they are uncertain as to the techniques needed to accomplish contractual requirements, what type of contract are they likely to prefer?

Cost contracts

According to the case State v. Beck what did the Maine Supreme Court state was the principal difference between engineering and architecture?

Court stated Aesthetics to be the principle difference between engineering and architecture. To that court an architect was "basically an engineer with training in art".

If a design professional is drafting specifications for public works projects, what restrictions are made on her freedom of design?

Design professionals are an expert, qualified by education, gone through proper training or experience to provide an expert opinion. When a design professionals drafting specifications for public works projects, they do not have the right to design similar type of project at the same time. There are some restrictions like the product used in the project should not be unique in nature which can create monopoly condition in the market. Overly protective product reduces the competition and can create dispute among the team i.e. the design team and the manufacturers.