Contract Documentation & Legal Considerations Flashcards

Under AIA contract documents, what is the architect's role during the construction phase?

Answer: Owner's representative who administers the contract, reviews submittals, and certifies payments

During construction, the architect acts as the owner's representative, administering the contract, reviewing submittals, interpreting contract documents, and certifying progress payments.

An estimator identifying 'changed conditions' (differing site conditions) in a contract claim should know that Type I differing site conditions refer to:

Answer: Unknown physical conditions at the site that differ materially from those indicated in the contract documents

Type I differing site conditions are physical conditions that differ materially from those represented in the contract documents, such as subsurface conditions unlike what borings indicated.

A contractor's 'claim' under the Contract Disputes Act (CDA) must include which essential element?

Answer: A sum certain (definite dollar amount) and be submitted in writing to the contracting officer

Under the Contract Disputes Act, a valid claim must be in writing, demand a sum certain, and be submitted to the contracting officer; claims over $100,000 require contractor certification.

What does 'indemnification' in a construction contract require the indemnifying party to do?

Answer: Hold harmless and defend the indemnified party against specified losses, claims, or damages

Indemnification requires the indemnifying party to protect the other party from financial loss or legal liability arising from specified events, including defending against lawsuits.

Which of the following best describes an 'integrated project delivery' (IPD) agreement?

Answer: A contract where the owner, designer, and contractor share risks and rewards through a multi-party agreement

IPD is a multi-party collaborative delivery method where the owner, architect, and contractor jointly share risks, rewards, and responsibilities through a single integrated agreement.

A 'force majeure' clause in a construction contract typically allows the contractor to:

Answer: Obtain time extensions for delays caused by unforeseeable events beyond the contractor's control

Force majeure clauses excuse performance or allow time extensions when extraordinary events beyond either party's control—such as natural disasters, wars, or pandemics—cause project delays.

When reviewing a contract's 'warranty' provisions, an estimator should understand that the implied warranty of workmanship requires the contractor to:

Answer: Perform work in a skillful and workmanlike manner consistent with industry standards

The implied warranty of workmanship holds contractors to a standard of performing work with reasonable skill and competence consistent with accepted industry practices.