Conditions of the Contract for Construction AIA A 201 General Conditions Foundation Plans

Conditions of the Contract for Construction

AIA A 201 General Conditions Foundation Plans

Construction Documents

&

Contracts

AIA A201 - IntroductionPurpose: A legal basis for constructing a project.

Use: AIA A201 is the most widely used document for this purpose, especially in “private“ construction projects

2 Basic Things to Remember:1. It is general and covers items that are common to every project. It must,

therefore be tailored to meet the needs of a specific project by supplementary or special conditions.

2. It forms a part of the Owner-Contractor Agreement, which is a contract between those parties only. The architect is not a party to that contract and is not permitted to prepare it. Only an attorney is authorized to prepare such a contract.

The architect should forward all legal contract forms to the owner. These documents must be reviewed by the owner’s attorney and incorporated into the project manual. Architects should never act unilaterally concerning general, supplementary or special conditions of the contract.

•Standard Form of General Conditions

The conditions of the contract establish the “rules” which are consistent from project to project.

They deal with contractual matters not with procedural requirements (refer to Division 1).

•Supplementary Conditions: Modify the standard forms, especially with multiple primes, fast-track & cost-plus-fee projects.

•Relation to Local Codes & Laws: They override the General Conditions

•Rights and Obligations of the Owner

Implicit: Access to site & cooperation

Explicit: $ contractor & furnish evidence, furnish documentation, copies id CD’s, hire his/her own forces or multiple contractors, stop the work for specific reasons (defective, not in accordance with CD’s, slow progress, does not correct mistakes), owner can make corrections using others.

General Conditions assumes 1 prime or GC on the job

Major Elements of the General Conditions

Bonds: A form if insurance protecting the owner. Bonds are furnished by surety Performance Bond – guarantees the contractor will

perform the work in accordance with the CD’s. Bid Bond - guarantees the bidder will sign an

agreement; usually for 5%-10% of the bid amount the bond will compensate the owner for the $ difference.

Labor & Material Payment Bond - guarantees the contractor will pay all labor and material $

Major Elements of the General Conditions Insurance

Owner Builder’s risk (property) insurance for full cost of

construction up to 100’ away; includes riders for theft, vandalism, etc.

Contractor Worker’s Compensation - job injuries required by most

States Liability - claims for injuries, sickness & death Contractual Liability - indemnification; hold harmless *Personal Injury - slander, libel, false arrest *Property - explosion, sudden collapse *Auto


Liens Contractor, supplier or worker can force the sale of

property to satisfy the claim of non-payment by the owner.

Liens encumber the owners title and effect their credit rating

Not permitted in public projects Federal projects require material and labor bonds are

per the Miller Act. After each payment the owner may ask for a Release

of Liens for the amount of that payment


Shop Drawings & Submittals Responsibility of the Contractor

Prepare shop drawings based on verified field measurements, construction criteria; checked and coordinated drawings with a stamp; submit drawings, data & samples per specs.

Responsibility of the Architect Review and “approve” or take other action on shop

drawings Architects DO NOT review un-stamped submittals Architect's approval is for conformance to the contract

documents only; the contractor is responsible for deviations even on architect approved submittals


Time Limits, Schedule & Delay Work must be completed within the allotted # of

days; liquidated damages & bonus clauses Time extension for force majeure (Acts of God)

Payment Procedures Contractor must submit a schedule of values Contractor get money for mobilization and submittals Contractor must submit payment application for

architect certification (approval of rejection) Site Safety


Substantial Completion: Owner occupancy (C of O issued), warranty period starts (contractor & material), partial payment released; not final completion yet, but close. Role of the Contractor: make punch list and review with

Architect & correct all problems Role of the Architect: inspect and observe and expand

punch list Role of the Owner: signs the Certificate of Substantial

Completion; pay full contract sum less incomplete work; property insurance ends, bonds voided, surety notified


Record Drawings Contractor is req. to maintain copies of all dwgs, specs,

addenda, change orders and up date them as the project progresses; inc. shop dwgs., product data and samples.

Final Completion When punch list work is complete and a final application

for payment is issued, final inspection occurs by architect and issues final payment certificate to owner; contractor must issue affidavit of release of liens.

Project Closeout Refer to Div. 1, submit record drawings, spare parts,

testing, start-up, etc.

Quick Review for All Quick Review for All Parties..Parties..

““It is important that all parties understand It is important that all parties understand that construction documents are not that construction documents are not intended to be a complete set of intended to be a complete set of instructions on how to construct a building. instructions on how to construct a building. Construction means, methods, techniques, Construction means, methods, techniques, sequences, procedures and site safety sequences, procedures and site safety precautions are customarily assigned as precautions are customarily assigned as responsibilities of the contractor to give the responsibilities of the contractor to give the contractor full latitude in preparing bids and contractor full latitude in preparing bids and carrying out the construction phase.”carrying out the construction phase.”

Architect’s Handbook of Professional Practice, Architect’s Handbook of Professional Practice, 1313thth Ed, Section Ed, Section 13.4 “Construction Document Production”13.4 “Construction Document Production”

AIA A201:

“By approving and submitting Shop Drawings , Product Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and the Contract Documents.”

The inherently conceptual nature of The inherently conceptual nature of construction documents prepared by construction documents prepared by architects and the related architects and the related responsibilities of the contractor for responsibilities of the contractor for detailed submittals is outlined in the detailed submittals is outlined in the General Conditions AIA A201, as General Conditions AIA A201, as follows:follows:

AIA A201:

“Shop Drawings, Product Data, Samples and similar submittals are not contract documents. The purpose of their submittal is to demonstrate for those portions of the work for which submittals are required by the contract documents the way by which the contractor proposes to conform to the information given and the design concept expressed in the contract documents”

Even though the AIA 201 makes the line of Even though the AIA 201 makes the line of responsibility for planning the implementation of responsibility for planning the implementation of the work clear, some assert that a contractor’s the work clear, some assert that a contractor’s change orderchange order is justified whenever information is is justified whenever information is not specifically expressed in the architect’s not specifically expressed in the architect’s documents.documents.

As a result, contractors routinely make these As a result, contractors routinely make these assertions through the assertions through the RFI RFI process process and inevitably and inevitably write change orders to add information to the write change orders to add information to the architect’s documents – information never rightfully architect’s documents – information never rightfully required or intended to be there in the first place.required or intended to be there in the first place.

Example 1

The architect has indicated “recessed fire extinguisher cabinet” on an interior wall elevation in the architectural drawings.

While no specific dimensions are indicated for the cabinet location, the specifications list several acceptable manufacturers for the cabinet.

Still the contractor submits a RFI: “Please provide detail for cabinet framing in wall”

http://www.larsensmfg.com/fire_extinguishers/index-cabinets.html http://www.jlindustries.com/Cabinets/SelectLine.aspx?id=1-0

http://www.larsensmfg.com/fire_extinguishers/index-cabinets.html

http://www.jlindustries.com/Cabinets/SelectLine.aspx?id=1-0



Example 1, cont

In this instance the contractor should provide the final answer since the size and mounting detail of a fire extinguisher cabinet varies with the manufacturer. The architect could not have precisely detailed the installation without knowing which manufacturer’s cabinet was to be used.

Also it is not necessary for the architect to provide a framing detail because the manufacturer’s literature describes how the cabinet is to be installed.

Example 1, cont

If the architect answers the RFI with a framing detail, it is likely that the contractor will ask for additional money for the newly detailed framing, alleging that the scope was added to the drawings

If the architect does not answer the RFI he or she risks being accused of not being responsive.

One appropriate response is to suggest that the contractor honor the manufacturer’s instructions for the selected product.

Example 2: Conceptually Equal but Nominally Different

Both Pella and Andersen manufacturer a window nominally sized at 3’ wide by 5’ high.

However the actual window by Pella is 3’-1” wide by 4’-11” high.

And the Andersen window is 2’-11-1/2” wide by 4’-11-1/2” high.

Example 2, cont.

Although the windows are different sizes, the differences do not invalidate the concept of a 3’ by 5’ window.

Since the architect did not know exactly which window the contractor will propose to buy, the architect can approximate, but not exactly, represent in the design documents what is required for the project.

Example 2, cont.

The contractor’s submittal will show how the selected window will be incorporated into the work; the shop draw (while not the contract document) will be used for construction

The architect’s documents, since they are conceptual, are not and can not be the actual documents from which construction is performed.

How it is supposed to How it is supposed to workwork

• When things go the way they are supposed to, When things go the way they are supposed to, the architect’s interaction is essentially one of the architect’s interaction is essentially one of answering questions about design intentanswering questions about design intent and and possibly issuing a few supplemental possibly issuing a few supplemental instructions.instructions.

• The The contractor significantly marks up contractor significantly marks up submittalssubmittals, and pre-installation conferences are , and pre-installation conferences are held at the contractor’s request.held at the contractor’s request.

• If all went as intended, a project would go If all went as intended, a project would go something like this……something like this……


Architect designsArchitect designs project and issues design project and issues design drawings (drawings locate, specifications drawings (drawings locate, specifications establish quality) establish quality)

Contractor develops planContractor develops plan for procuring the for procuring the workwork and allocates work among trades and allocates work among trades

Contractor and trades develop a plan for Contractor and trades develop a plan for placing the workplacing the work and prepare composite and prepare composite coordination drawings and alternate sketches coordination drawings and alternate sketches

Trades prepare submittalsTrades prepare submittals and submit to and submit to contractor contractor


Contractor coordinates trade submittals with the Contractor coordinates trade submittals with the plan for the work, marks up and approves plan for the work, marks up and approves submittals, and submits to architect submittals, and submits to architect

Architect reviews submittals for conformance with Architect reviews submittals for conformance with design concept design concept

Contractor and trades construct with approved Contractor and trades construct with approved submittals submittals

Contractor issues RFIs for questions that cannot Contractor issues RFIs for questions that cannot be answered from the information given or for be answered from the information given or for questions about discrepancies in the architect’s questions about discrepancies in the architect’s documents documents

The architect responds to RFIs with answers to The architect responds to RFIs with answers to questions.questions.

FoundationFoundationDrawingsDrawings

Foundation Floor TypesFoundation Floor Types

Each of the following floor systems Each of the following floor systems requires foundation footings to requires foundation footings to support the structure & the floor. support the structure & the floor. The 2 most common types are:The 2 most common types are: Concrete Slab FloorConcrete Slab Floor Wood FloorWood Floor

Concrete Slab Foundation Concrete Slab Foundation PlansPlans

Select the types of foundation footing Select the types of foundation footing details required to support the details required to support the structure.structure.

This design is influenced by many This design is influenced by many factors including:factors including: Vertical Loading / WeightVertical Loading / Weight Soil Bearing ValuesSoil Bearing Values Frost LineFrost Line


Free-hand sketch the exterior wall Free-hand sketch the exterior wall assembly with the foundation / assembly with the foundation / footing design.footing design.


Free-hand sketch the interior wall Free-hand sketch the interior wall assembly with the foundation / assembly with the foundation / footing design.footing design.

Interior Load-Bearing Footing


Free-hand sketch the interior wall Free-hand sketch the interior wall assembly with the foundation / assembly with the foundation / footing design.footing design.

Interior Non-Load-Bearing Footings support much lighter loads, but require footings.


Often concrete curbs above the floor Often concrete curbs above the floor level are used, as in garage areas.level are used, as in garage areas.

Drawing the ConcreteDrawing the ConcreteFoundation PlanFoundation Plan

Trace over the floor plan; all exterior Trace over the floor plan; all exterior walls and interior bearing & non-walls and interior bearing & non-bearing walls, fireplaces, etc. that bearing walls, fireplaces, etc. that require footings.require footings.

Start with the interior bearing & non-Start with the interior bearing & non-bearing locations.bearing locations.

Wood Floor Foundation Wood Floor Foundation PlansPlans

Start as we did with the concrete Start as we did with the concrete foundation plan by sketching the foundation plan by sketching the different footings required.different footings required.

Start with exterior bearing footings Start with exterior bearing footings with the required footing and wall with the required footing and wall dimensions.dimensions.


Show the following:Show the following: Earth-to-Wood ClearancesEarth-to-Wood Clearances Sizes and Treatment of Wood MembersSizes and Treatment of Wood Members Floor Sheathing or Subfloor LevelFloor Sheathing or Subfloor Level


You may have to locate intermediate You may have to locate intermediate supporting elements between supporting elements between exterior & interior bearing footings.exterior & interior bearing footings.

This is done with piers and girdersThis is done with piers and girders

Pier spacing depends on the girder size: 4”x6” girder requires 5’ or 6’ pier spacing.

Drawing the Wood Foundation Drawing the Wood Foundation PlanPlan

Trace over the following floor plan Trace over the following floor plan elements:elements: Exterior wallsExterior walls Centerline of interior load bearing walls Centerline of interior load bearing walls

(walls supporting the ceiling, floor & roof)(walls supporting the ceiling, floor & roof) Curb & stud edges Curb & stud edges

Wherever possible locate girders Wherever possible locate girders under walls for support.under walls for support.

Masonry WallsMasonry Walls

When exterior walls are masonry or When exterior walls are masonry or concrete, the walls continue down to concrete, the walls continue down to the footing.the footing.

If interior walls are masonry or If interior walls are masonry or concrete the same detail is used.concrete the same detail is used.

On the plan, these walls are cross-On the plan, these walls are cross-hatched to show masonry hatched to show masonry construction.construction.


If masonry If masonry walls are walls are used to used to support support beams or beams or roof framing, roof framing, pilasterspilasters are are used.used.

Pilaster Footing Detail


Steel columns are supported on Steel columns are supported on concrete pads & footings.concrete pads & footings.

On the plan, these walls are cross-On the plan, these walls are cross-hatched to show masonry hatched to show masonry construction.construction.

A

B

C

Caissons & PilesCaissons & Piles

Where columns are used for Where columns are used for structural support piles or caissons structural support piles or caissons may be needed in unfavorable soil may be needed in unfavorable soil conditions.conditions.

These specially designed columns These specially designed columns are inserted into the earth down to are inserted into the earth down to the point where favorable soil or the point where favorable soil or bedrock is encountered.bedrock is encountered.

AssignmentsAssignments

Read Lesson 4 pp 1-15Read Lesson 4 pp 1-15 Foundation PlanFoundation Plan