- ISBN: 9780071622318 | 0071622314
- Cover: Paperback
- Copyright: 8/4/2009
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.
.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.
.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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