Agreements and Project Documents
Agreements and Project Documents
This domain covers contract formation and the documents that make up the contract. The exam tests the owner-contractor agreement, the owner-architect agreement, the document hierarchy, payment and time terms, and how conflicts are resolved.
Core rules
- The owner-contractor agreement states the scope, contract sum, contract time, payment terms, retainage, liquidated damages, and bond requirements. Common AIA forms include A101 for stipulated sum and A201 for general conditions.
- The owner-architect agreement defines the architect's services and standard of care. B101 is a common form. The architect administers the contract but does not supervise construction.
- Project documents usually include the agreement, general and supplemental conditions, drawings, specifications, addenda, modifications, the schedule, and submittals. The contract should state an order of precedence.
- A typical order of precedence is agreement, modifications, addenda, general conditions, supplemental conditions, specifications, and drawings. Within the technical documents, specifications usually govern quality and drawings usually govern quantity, but the contract's own clause controls.
- Payment is based on the schedule of values and progress applications, with retainage and lien waivers. Final payment follows final completion, closeout submittals, and acceptance.
Worked example
The drawings show 12 exterior doors, but the door schedule lists 10. The contractor installs 12 and claims extra for two doors. Reasoning: the conflict must be resolved under the contract's order of precedence and the architect's interpretation. The contractor should have submitted an RFI before ordering. If the drawings govern quantity, the two doors may be a change; if the schedule governs, the contractor may have no claim. The contract administrator documents the interpretation and issues a clarification or change order rather than letting the field decide.
Traps that cost marks
- Relying on memory of AIA form numbers instead of reading the actual agreement.
- Assuming drawings always govern over specifications.
- Missing that addenda and modifications are contract documents.
- Overlooking liquidated damages, retainage, or bond requirements in the agreement.
- Treating a submittal as a contract modification.