3-3 Administrative Procedures & Protocols

A contract for the construction of a three-story condominium project has been signed based on completed construction documents, but construction has not yet begun. The owner requests major changes to the plan layout that will increase the project cost.

What document should the architect use to accommodate the request?

• Addendum

• Change order

• Request for information

A contractor prepares a concrete materials submittal that includes cementitious materials and aggregates, curing materials, floor and slab treatments, reinforcement accessories, an air-entraining admixture, and a floor sealer that is a substitution for the specified sealer. The architect approves the submittal without exception.

During installation of the tile flooring, it is discovered that the specified floor tile adhesive is incompatible with the substituted floor sealer. A compatible adhesive is ordered, which requires extra time to deliver, and the general contractor submits a claim for a time extension and the extra costs. 

How should this claim be resolved?

• The architect should accept the claim because the submittal was approved.

• 
  The general contractor is responsible for extra costs and time delays.

• The tile subcontractor must supply a compatible adhesive at their own cost.

During construction, a painting subcontractor informs the architect that they have not been paid on previously approved pay applications and that they are considering leaving the job due to non-payment. The general contractor fails to provide evidence that they have paid the painting subcontractor. The architect believes the general contractor is not financially able to pay their subcontractors.

What should the architect recommend to the owner?

• 
  Issue payments for painting subcontractor with joint checks.

• 
  Request performance and payment bond from the general contractor.

• Deduct the painting costs from the general contractor and pay the subcontractor directly.

An architect finds items of nonconforming work during a construction site punch walk. Damaged ceiling tiles, malfunctioning light fixtures, and portions of the rubber wall base that have not adhered will all need to be corrected before substantial completion.

What next steps should the architect take to ensure substantial completion of the project? Check the two that apply.

• Advise the owner to hire a different contractor to correct the nonconforming work.

• Advise the contractor on construction means and methods for fixing the work.

• Issue a field observation report listing all the rejected work items immediately after the site visit.

• Issue a stop work order on the construction until the nonconforming work is fixed.

• Determine the source of the nonconforming work in coordination with the consultant team.

The 21st and 22nd floors of an existing 25-story office building are being renovated. The primary elevators serving those floors will be replaced with newer, high-speed models.

Which of the following should the architect expect to be part of the elevator submittal review? Check the four that apply. 

• Shaft and pit dimensions

• 
  Cab finish samples 

• Machine room controller

• Operating panels

• Warranties and maintenance contracts

A 15,000-square-foot privately-owned healthcare clinic is under construction and 30% complete. It is experiencing multiple delays and is in danger of missing the scheduled substantial completion date in the contract. The owner-contractor agreement calls for liquidated damages of $1,000 per day.

The contractor has documented the causes of the delays and claims no responsibility for them. The architect and owner agree with the contractor's claim on some of the delays but dispute others. The parties have not been able to negotiate a resolution on the discrepancies. The owner's primary concerns are holding to the substantial completion date in the contract and avoiding legal proceedings.

What should the architect recommend to the owner?

• Request a schedule from the contractor to meet the substantial completion date with no additional costs to the owner. 

• Amend the contract to include a bonus provision to meet the stipulated substantial completion date.

• 
  Prepare to seek liquidated damages upon project completion.

Soon before completion of a new shopping center, an owner decides that the building signage is too small and requests the installation of new, larger signage before the shopping center opens. While signage is not part of the contract, the architect and engineer determine the new signage will require additional structural support and foundation reinforcing. They revise the drawings and issue them as part of the architect's supplemental instruction. 

The contractor states that the change will have an impact on material and labor costs that will need to be determined by a cost estimator, but a cost estimate cannot be negotiated before the owner's desired opening date.

How should the architect address the owner's request?

• Reissue as a change order without the cost of material/labor.

• Send the matter to third-party arbitration.

• Issue a construction change directive.

During phased construction of an apartment complex, the inspector notes that alarm systems must be installed on all doors to and from the pool courtyard in order for the building walls to meet the pool fence code requirements. Because the building is already partially occupied, the owner wants the pool to open as soon as possible. The contractor provides a proposal for the scope of work, but the owner argues that the price is too high. The issue must be resolved before the pool courtyard can be occupied.

What action should the architect take?

• Create a change order using a price lower than the contractor proposed.

• Issue a construction change directive for the contractor to do the work.

• Send an appeal of the inspector's decision to the code council.

A contractor, following an accelerated construction schedule, provides a construction submittal for a ceramic tile product and accessories identified in the specifications. The submittal includes product data, test results, shop drawings, and a scanned picture of the product. However, the specifications require a physical sample in the submittal for review and approval, but it is has not been provided.

How should the architect respond to the incomplete submittal?

• Submit an RFI to the owner asking for clarification on the incomplete submittal.

• Review the compliant portions of the submittal and note that a physical sample is required for approval.

• Approve the entire submittal because only the physical sample requirement was not in compliance with the specifications.

Construction is in progress for a new 280-unit apartment complex. To accommodate the desired opening date, the contract provides 18 months for construction. There is also a contingency of 45 weather days. It rains more than expected, though, during the first 17 months of construction, and a winter storm causes a massive power outage in Month 18, bringing the total weather days claimed by the contractor to 66 days. In response to the delays, the contractor requests an extension in contract days and a delayed opening date.

How should the architect advise the owner to proceed?

• Require the contractor to accelerate the schedule without overtime pay to meet the opening date scheduled in the contract.

• File a claim against the contractor for amounts equivalent to the expected revenue lost by delaying occupancy.

• Request a change order from the contractor to extend the contract schedule by 21 days.