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Understanding Construction Documents
Module 5 – Conditions of the Contract
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Understanding Construction Documents
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Understanding Construction Documents
Module #5 of 12
Module 5 of 12: Conditions of the Contract
Presented By:
Paul W. Just, III, RA, CSI, CCS, CCCA
Architect Paul Just, Inc.
Description:
Based upon the CSI Manual of Practice, this fifth of a dozen
modules provides an overview of the project delivery process
and prepares candidates for the CSI CDT Examination.
AIA/CES Info:
Provider #J624 - Course #AEC012 - LUs - 1; HWS - No;
Difficulty - Intermediate
State CEU Info:
Contact your respective State Department of Professional
Regulations
Expiration date:
April 15, 2005
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Understanding Construction Documents
Module #5 of 12
How to Use This Online Learning Course
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Read and review the material contained in this seminar.
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Understanding Construction Documents
Module #5 of 12
Introduction
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This module is based upon the information set forth in the CSI Manual of
Practice. Participants are encouraged to procure a copy of this document from
The Construction Specifications Institute (CSI).
•
For ordering information, contact:
– CSI, 99 Canal Center Plaza, Suite 300, Alexandria VA 22314
– Phone: 800-689-2900
– Web: http://www.csinet.org/technic/mop.htm
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Primary reference material for this module:
– CSI, MOP FF/060
– AIA Document A201
– EJCDC Document 1910-8
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Understanding Construction Documents
Module #5 of 12
Learning Objectives
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At the end of this module, participants will:
– Have a basic understanding of the General Conditions and Supplementary
Conditions of the Contract;
– Have a basic understanding of the purpose and use of Conditions of the
Contract;
– Be able to identify organizational differences between AIA and EJCDC
documents;
– Be able to identify some of the Design Professional’s responsibilities, as
described by the General Conditions;
– Be able to identify some of the common subjects intended for modification
and expansion in the Supplementary Conditions.
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Understanding Construction Documents
Module #5 of 12
Types of Conditions of the Contract
General Conditions:
Usually in the form of published standard
documents that include broadly written
principles common to most construction
contracts.
Supplementary Conditions:
Specifically prepared to modify and expand the
General Conditions as needed to accommodate
the unique requirements of a specific project.
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Understanding Construction Documents
Module #5 of 12
Conditions of the Contract
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Defines the basic rights, responsibilities, and relationships of the entities
involved in the performance of the Contract.
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The rights, responsibilities and relationships are those of the Owner,
Contractor and the Design Professional.
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Understanding Construction Documents
Module #5 of 12
Duties and Responsibilities of the Design Professional:
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Acting as the Owner’s Representative for various matters concerning the Work.
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Routinely visiting the construction site to observe and evaluate progress.
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Validating the progress of the Work for the purpose of authorizing progress
payments.
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Preparing Change Orders.
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Understanding Construction Documents
Module #5 of 12
More Responsibilities of the Design Professional:
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Clarifying and interpreting the Construction Documents.
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Reviewing shop drawings and product samples.
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Exercising approval and disapproval authority on submittals.
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Rejecting non-conforming work.
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Determining dates of Substantial Completion and Final completion.
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Understanding Construction Documents
Module #5 of 12
General Conditions
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Standard General Conditions for Construction are prepared and published by
professional organizations such as:
– American Institute of Architects (AIA), and
– Engineer Joint Contract Documents Committee (EJCDC).
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AIA publishes an “A” series of documents, 3 of which are General Conditions
documents:
– AIA Document A201, General Conditions of the Contract for Construction.
– AIA Document A201/CMa, General Conditions of the Contract for
Construction, Construction Manager-Advisor Edition.
– AIA Document A201/SC, Federal Supplementary Conditions of the Contract
for Construction.
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Understanding Construction Documents
Module #5 of 12
General Conditions
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Federal, State, and local government agencies usually produce their own
standard General Conditions that are required for use on public projects within
their jurisdiction.
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Some large corporations have developed their own General Conditions for use
on their construction projects.
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Some Design Professionals have also developed General Conditions that they
may recommend to the Owner for use on a construction project.
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Understanding Construction Documents
Module #5 of 12
Benefits of Standardized General Conditions
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Standardized General Conditions, published by professional organizations,
benefit the construction industry by providing documents with a history of
many years of use and refinement.
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The language and provisions of standardized documents have been “tested
over time” by the courts. They are also well understood and familiar to those
preparing the documents for use.
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Understanding Construction Documents
Module #5 of 12
General Conditions: Single and Multiple Prime Contracts
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Standard General Conditions are normally based on the concept of a single
prime contract for the Work.
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When a project will be constructed under Multiple Prime Contracts, each
contract should be awarded using the same General Conditions.
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Understanding Construction Documents
Module #5 of 12
General Conditions: Reproduction
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General Conditions should always be bound into the Project manual, not
simply included by reference.
– When bound into the Project Manual, the General Conditions are easily
available during the progress of the Work.
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General Conditions published by professional organizations are protected by
copyright and may not be reproduced unless approved, in writing, by the
organization holding the copyright.
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Understanding Construction Documents
Module #5 of 12
General Conditions: AIA and EJCDC
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While similar in content, the AIA Document and EJCDC Document vary in
overall organization.
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Both AIA and EJCDC documents illustrate the type of requirements commonly
found in standardized General Conditions.
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Understanding Construction Documents
Module #5 of 12
General Conditions: AIA A201
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Figure FF/CC-1 in the CSI Manual of
Practice; Construction Documents
Fundamentals and Formats module,
Chapter FF/060. AIA Document A201,
Table of Articles.
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Understanding Construction Documents
Module #5 of 12
General Conditions: EJCDC Document 1910-8
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Figure FF/CC-2 in the CSI Manual of
Practice; Construction Documents
Fundamentals and Formats module,
Chapter FF/060. EJCDC Document
1910-8, Table of Articles.
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Understanding Construction Documents
Module #5 of 12
Supplementary Conditions
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Standard General Conditions commonly contain basic expressions of rights,
duties, and limitations of the entities involved.
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Supplementary Conditions modify and expand these basic expressions of rights,
duties, and limitations to suit a specific project. Using pre-printed standard
forms with standard content is not recommended.
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Supplementary Conditions accommodate such things as specific project
conditions, Owner’s varying requirements, office procedures, insurance and/or
any unusual aspects of the project.
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Understanding Construction Documents
Module #5 of 12
Supplementary Conditions Modify General Conditions
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Some modification of standardized General Conditions is always necessary to
suit the unique conditions of each project.
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Supplementary Conditions may include project specific requirements for the
following:
– Insurance;
– Progress payments;
– Wage rates;
– Equal Employment Opportunity;
– Liquidated Damages / Penalty - Bonus Clause;
– Retainage;
– Tax exempt status of the Owner.
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Understanding Construction Documents
Module #5 of 12
Supplementary Conditions: Preparation
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Deletion or re-wording of provisions or specific terminology within the
standardized General Conditions should be avoided. Write provisions clearly
and distinctly, not to conflict with remaining Conditions.
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Ensure that the provisions and terminology have been carefully coordinated
with companion documents or the change of requirements may affect the
other documents.
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Re-wording of the Conditions of the Contract should only occur when specific
clarification of the “Intent of the Contract” is necessary.
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Understanding Construction Documents
Module #5 of 12
Supplementary Conditions: Preparation
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Modification and deletion of the General Conditions, should be:
– Organized in the Supplementary Conditions in the same order as the
related articles occur in the General Conditions;
– Referenced specifically to the article, paragraph, sub-paragraph, and/or
clause in the General Conditions.
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Expansion of the General Conditions in the Supplementary Conditions should
use the next consecutive article, paragraph, sub-paragraph, or clause number
beyond those used by the General Conditions.
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Understanding Construction Documents
Module #5 of 12
Supplementary Conditions: Preparation
•
Additional guidance provided by AIA for preparing Supplementary Conditions
to the corresponding General Conditions is provided by the following:
– AIA Document A511, Guide for Supplementary Conditions;
– AIA Document A511/CMa, Guide for Supplementary Conditions,
Construction Manager-Adviser Edition;
– AIA Document A571, Guide for Interiors Supplementary Conditions.
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Understanding Construction Documents
Module #5 of 12
Supplementary Conditions: Preparation
•
Additional guidance provided by EJCDC for preparing Supplementary
Conditions to the corresponding General Conditions is provided by the
following:
– EJCDC Document 1910-17, Guide to the Preparation of Supplementary
Conditions;
– EJCDC Document 1910-26-C, Guide to the Preparation of Procurement
Supplementary Conditions.
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Understanding Construction Documents
Module #5 of 12
Supplementary Conditions: Preparation
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Published Guides for Supplementary Conditions.
– Regardless of the efforts to develop a standard document, modifications
will always be necessary, and these modifications will vary from project to
project.
– The helpful guides for preparing Supplementary Conditions give examples
of wording for modifications that occur most often, along with
recommended procedures for the preparation of the specific
Supplementary Conditions.
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Understanding Construction Documents
Module #5 of 12
Supplementary Conditions: Preparation
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Published Guides for Supplementary Conditions.
– The practice of printing standard Supplementary Conditions is not
recommended. Supplementary Conditions should be based on the unique
requirements of each specific project.
– Additions or modifications given in published guides are not applicable to
every project, and although the most frequently encountered
modifications to the Standard General Conditions are illustrated, other
changes are commonly required.
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Understanding Construction Documents
Module #5 of 12
Supplementary Conditions: Coordination
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Supplementary Conditions should be prepared in conjunction with:
– The Agreement between the Owner and Contractor;
– Project Bid Form;
– Instruction to Bidders.
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Understanding Construction Documents
Module #5 of 12
Conditions of the Contract and Division One
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Many of the articles within the General Conditions are expanded in Division
One - General Requirements, to suit administrative and procedural
requirements of a specific project.
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Proper use of the Division One - General Requirements specification sections
make it possible to avoid conflicts with the Conditions of the Contract.
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Understanding Construction Documents
Module #5 of 12
Uniform Location of Subject Matter
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Uniform Location of Subject Matter, a joint publication of AIA and EJCDC,
provides a recommended location of topics in Contract Documents, in a matrixtype format.
– AIA Document A521/EJCDC Document 1910-16, Uniform Location of
Subject Matter.
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This document provides an excellent reference source if questions arise
regarding the proper location of a topic in all Contract Documents, most
importantly the Supplementary Conditions.
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Understanding Construction Documents
Module #5 of 12
Conditions of the Contract: Legal Assistance
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The Design Professional should not initiate General or Supplementary
Conditions without explicit approval and guidance from the Owner and the
Owner’s legal counsel.
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Understanding Construction Documents
Module #5 of 12
Conclusion of This Module
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Congratulations on your participation in this fifth of 12
Understanding Construction Documents Modules.
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If you desire AIA/CES, CSI, and/or State licensing
continuing education credits, please click on the button
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