Construction Administration for Architects

by Winkler, Greg; Chiumento, Gary

• ISBN13: 9780071622318
• ISBN10: 0071622314
• Edition: 1st
• Format: Paperback
• Copyright: 2009-08-04
• Publisher: McGraw-Hill Education

Summary

The ideal desktop architectural guide to navigating the construction process and anticipating, avoiding, and managing liability risksThis invaluable book on construction administration leads the architect through a typical project--from contract to closeout--illustrating topics such as how to spot problems before they occur, how to mitigate change orders and disputes, and how to use submittals and RFIs.Co-written by an architect and an attorney, Construction Administration for Architects provides basic information for emerging professionals and in-depth strategies for experienced industry veterans. Useful tips, checklists, and real-life examples are included throughout.

Author Biography

Greg Winkler, AIA, LEED AP, is a principal in Green Lizard Management, a project management firm that provides owner representation and project management services to corporate, developer, and institutional clients. An architect with over 25 years of experience in affordable housing, office buildings, industrial/commercial, and retail construction, he was a contributor to the Southern Solar Energy Center publication, The Passive Solar Design Handbook, and is the co-author of Analysis of Passive Solar System Thermal Performance.

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Gary Chiumento is the founder of Chiumento McNally And Shockley LLC, a firm specializing in construction-related law. The firmn++s clients include architects, engineers, surveyors, construction management companies, and various construction professionals. He has published numerous articles on topics of interest to the design and business community and is a frequent speaker on professional liability issues.

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Table of Contents

Preface	p. xv
Acknowledgments	p. xvii
The Construction Process	p. 1
Construction Administration Is Contract Administration	p. 2
Private- versus Public-Sector Construction	p. 2
The Agreements	p. 4
The Importance of Written Agreements	p. 4
Types of Agreements	p. 5
Homemade Contracts	p. 6
Recommended Owner-Architect Contract Provisions	p. 7
The Triangle	p. 10
Design-Bid-Build (DBB)	p. 10
Design-Build (DB)	p. 11
The Triangular Relationship	p. 12
Fast-Track Project	p. 14
The Consultant Team	p. 14
Supporting Players	p. 15
The Cast of Characters	p. 16
The Owner	p. 16
The Program	p. 17
The Location	p. 18
Legal Support of the Project	p. 18
Administrative Support	p. 19
The Architect/Lead Design Professional	p. 20
Technical Consultants	p. 22
Schedulers and Estimators	p. 23
Administrative Support	p. 23
The Contractor	p. 23
Contractor Obligations	p. 24
Pricing the Work	p. 25
The Process	p. 26
Design	p. 28
Refine	p. 29
Define	p. 30
Agreements and Contracts	p. 33
The Owner-Architect Agreement	p. 34
Defining Scope	p. 34
Risk Reduction Tools	p. 35
Indemnification-A Trap for the Unwary	p. 36
Limitation of Liability	p. 37
Certifications and Assurances	p. 39
Exclusions and Additional Services	p. 39
Termination or Suspension of Services	p. 40
Project Schedule	p. 41
Construction Contract Administration	p. 41
Construction Costs	p. 44
Risk Reduction Tools	p. 46
Deliverables	p. 46
Field Observations	p. 47
Alternate Dispute Resolution	p. 48
The Owner-Contractor Agreement	p. 49
Insurances and Indemnities	p. 50
Third-Party Relationships	p. 52
Ambiguities and Inconsistencies	p. 53
Specifications, Submittals, and Substitutions	p. 54
Timeliness and Scheduling Issues	p. 55
Schedule of Values	p. 57
Communications and Notifications	p. 58
Construction Documents	p. 59
Do Your Research	p. 59
Risk Reduction Tools	p. 60
The Coals	p. 61
Tightening the Construction Documents	p. 65
Specification Protection	p. 67
General Specification Sections	p. 67
The Front-End	p. 68
General Conditions	p. 69
Supplementary Conditions	p. 70
Bid Strategy	p. 71
Drawing Note Protection	p. 71
Covering Project Scope	p. 73
Hidden Conditions	p. 74
Difficult Details	p. 75
Coordination Problems	p. 75
Extent of Work	p. 78
Repair and Renovation Work	p. 78
Intersections and Closures	p. 79
Construction Document Checking	p. 81
Credits in the Construction Documents	p. 83
Money in the Bank	p. 83
Examples of Hidden Specification Credits	p. 85
Constructability Reviews	p. 85
Cost Estimate Preparation	p. 88
Sample Disclaimer	p. 89
Client Management	p. 90
Bidding and Negotiation	p. 91
Selecting Contractors	p. 92
The Pre-Bid Conference	p. 95
Bidding Toolkit	p. 97
Estimated Quantities	p. 98
Estimated Quantities and Unit Prices	p. 99
Allowances	p. 101
Add and Deduct Alternates	p. 102
Add Alternates	p. 102
Deduct Alternates	p. 104
Unit Prices	p. 105
Phasing Information	p. 105
Alternate Substitution Bid	p. 106
Detailed Bid Response	p. 108
Questions During Bidding	p. 109
Bid Addenda	p. 110
Negotiating the Construction Contract	p. 111
Bonds	p. 114
Dealing with Labor Unions	p. 115
Bid Exclusions and Conditions	p. 117
Liquidated Damages and Bonus Clauses	p. 120
Under Construction-The Basics	p. 123
Starting the Job	p. 123
Pre-Construction Conference	p. 126
Construction Schedule	p. 127
Payment Issues	p. 129
Dealing with People	p. 130
Effective Communication	p. 130
Adversarial Relationships	p. 133
Field Representation	p. 136
Electronic Documents	p. 138
Job Site Safety	p. 141
Construction Testing and Certification	p. 146
Lender and Other Inspectors	p. 147
Municipal Code Officials	p. 148
Completeness of Plan Reviews	p. 148
Certificate of Occupancy Inspections	p. 149
Under Construction-Managing Documents	p. 151
Effective Document Management	p. 152
Techniques of Managing Documents	p. 154
Timeliness	p. 155
Requests for Substitutions	p. 156
The Alternative Bid Process	p. 161
Fairness Issues	p. 161
Shopping Ideas	p. 162
Private Bids Only	p. 162
Full Credit	p. 162
Requests for Information	p. 163
RFI Responses	p. 164
Use the Documents	p. 164
Acknowledge Discrepancies	p. 165
Remember the Audience	p. 165
Means and Methods	p. 166
Submittals	p. 167
Checklist for Submittal Checking	p. 169
Applications for Payment	p. 170
Application for Payment Strategies	p. 171
Under Construction-Problems and Disputes	p. 177
Disputes	p. 177
Litigation	p. 179
Arbitration	p. 180
Mediation	p. 180
Expert Determination	p. 181
Conciliation	p. 181
Large-Project Techniques	p. 182
Step Negotiation	p. 182
Dispute Review Boards	p. 183
Poor Workmanship	p. 183
Hidden Conditions	p. 186
Changes and Change Order Requests	p. 188
Is It in the Contract?	p. 190
Risk Reduction Tools	p. 191
Is the Work Necessary?	p. 192
Document the Value of the Work	p. 193
Nuances of Change Order Requests	p. 195
The Half-Hearted Change Order Request	p. 195
The Owner-Initiated Change Order	p. 196
Request versus Reality	p. 196
The Change Order Offset	p. 197
Defeating the Dubious Change Order Request	p. 197
Owner-Furnished Items and Owner's Own Forces	p. 198
Interpreting the Contract Documents	p. 200
Ending Construction	p. 203
Contract Closeout	p. 203
Substantial Completion	p. 205
Final Completion	p. 206
Punchlist	p. 207
Schedule Claims	p. 211
Defenses Against Claims	p. 212
Notice Requirements	p. 213
Prior Settlement of an Issue	p. 213
Exculpatory Clauses	p. 214
Breach of Contract	p. 214
Abandonment	p. 214
Excusable Delay	p. 215
Statutes of Limitations	p. 215
Liability of Others	p. 215
Mitigation	p. 216
Misrepresentation	p. 216
Retainage	p. 217
Contractor Incentive	p. 217
Funds to Remedy Defects	p. 218
Rules of Retairiage	p. 219
Liens and Release of Liens	p. 221
Closeout Documents	p. 226
Operation and Maintenance Manuals	p. 228
Owner Systems Training	p. 229
As-BuiSt Documents	p. 230
Final Payment	p. 231
After Construction Ends	p. 235
Warranty Work	p. 235
After the Warranty Period	p. 237
Records Retention	p. 238
Risk Reduction Toois	p. 239
Construction Disputes	p. 240
Risk Hazard Flags	p. 243
Marketing	p. 244
Risk Management	p. 245
Top Ten Construction Administration Risks to Avoid	p. 245
The Handshake Deal	p. 245
Working for a Friend	p. 247
Not Budgeting Enough for Construction Administration	p. 250
Avoiding Tough Discussions with the Client	p. 251
Ignoring Recurring or Unresolved Project Issues	p. 251
Ignoring Deadlines on Submittals and RFIs	p. 252
Getting Involved with Means and Methods	p. 253
Ignoring Professional Limitations	p. 254
Skipping the Subrogation Waiver Clause	p. 255
Designing a Roof for a Multi-family Dwelling	p. 255
Liability Warning Signs	p. 258
No Communication	p. 258
Not Paying the Bills	p. 259
Contractor Delays in Maintaining the Schedule	p. 260
Adversarial Attitude	p. 260
Slow Approvals on Change Order Requests	p. 261
Dangerous or Disorganized Work Site	p. 262
Late Submittals	p. 263
Excessive Requests for Information	p. 263
The Revolving Door	p. 264
Risk Reduction Toolkit	p. 265
Documentation	p. 268
Requests for Information	p. 270
Submittals	p. 271
Site Observations and Project Meeting Minutes	p. 271
Proposals	p. 272
Shared Risk	p. 273
Contractor	p. 273
Construction Manager (CM)	p. 274
Owner	p. 275
Glossary	p. 277
Index	p. 29
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