AIA Contracts CE – 009

CORRECT RESPONSE
The bidder may withdraw the bid and request the return of the bid security

AIA A701–2018, Section 4.2.4, provides a default timeframe. It allows the owner to retain the bid security until certain conditions are met, but it also states, “if no Contract has been awarded or a Bidder has not been notified…a Bidder may, beginning [ ] days after the opening of Bids, withdraw its Bid and request the return of its bid security.” In the absence of a specified number, the right to withdraw after a reasonable period is implied. The provided text has a blank for the number of days, but the principle of withdrawal after a certain period is what’s being tested.

CORRECT RESPONSE
The contractor must obtain the owner’s consent and a Change Order or Construction Change Directive

AIA A201–2017, Section 3.4.2, states that “the Contractor may make substitutions only with the consent of the Owner, after evaluation by the Architect and in accordance with a Change Order or Construction Change Directive.”

CORRECT RESPONSE
Deny certification for the advance payment amount.

AIA Document A101–2017, Section 5.1.9, states, “Except with the Owner’s prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site.” Since the contractor did not get the owner’s prior approval, the architect cannot certify this payment.

CORRECT RESPONSE
An adjustment in the Contract Sum, including profit, and an extension of the Contract Time

AIA A201–2017, Section 14.3.2, addresses suspension by the owner for convenience. It states, “The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay, or interruption…Adjustment of the Contract Sum shall include profit.”

CORRECT RESPONSE
The one-year correction period is not extended by corrective work performed by the owner

AIA A201–2017, Section 12.2.2.3, states, “The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Section 12.2.” While this refers to work by the original contractor, the principle applies: the period itself is fixed from the date of Substantial Completion and is not reset or extended by subsequent repairs, regardless of who performs them.

CORRECT RESPONSE
It is not binding, and the bidder shall not rely upon it

AIA A701–2018, Section 3.2.3, is clear that “Modifications and interpretations of the Bidding Documents shall be made by Addendum.” It further states that interpretations made in any other manner “shall not be binding, and Bidders shall not rely upon them.” The correct procedure would have been to issue the interpretation to all bidders via an addendum.

CORRECT RESPONSE
The owner cannot withhold amounts unless the architect agrees or is found liable

AIA B101–2017, Section 11.10.2.2, states, “The Owner shall not withhold amounts from the Architect’s compensation to impose a penalty or liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work, unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding.”

CORRECT RESPONSE
It is a Basic Service included in the architect’s fee for the Design Development phase

AIA B101–2017, Section 3.2.5.2 (Schematic Design) and the implied continuation into Design Development require the architect to “consider the value of alternative materials, building systems and equipment…in developing a design for the Project that is consistent with the Owner’s program, schedule, and budget for the Cost of the Work.” While “Value Analysis” is listed as a potential Supplemental Service (§4.1.1.11), this refers to a more formal, intensive process. Considering value alternatives as part of the design evolution is a Basic Service.

CORRECT RESPONSE
The invalid provision is revised, and the rest of the agreement remains in effect

AIA C401–2017, Section 10.7, contains a severability clause. It states, “The invalidity of any provision of the Agreement shall not invalidate the Agreement or its remaining provisions.” It further provides for the provision to be revised to the extent necessary to make it legal and enforceable.

CORRECT RESPONSES
It is the amount invoiced to the primary consultant, plus a percentage markup
AIA C401–2017, Section 11.3, states that compensation for a consultant’s subconsultants’ Additional Services “shall be the amount invoiced to the Consultant plus percent ( %).”

The hourly rates for the subconsultant are set forth in the agreement
AIA C401–2017, Section 11.4, provides a space to list the hourly billing rates for “the Consultant’s subconsultants, if any.”

CORRECT RESPONSE
The certificate cannot be transferred to a third party like a bank for cash

In financial terms, a “negotiable instrument” (like a personal check) is a document that can be transferred to a third party, who then has the right to collect payment. The statement “This Certificate is not negotiable” clarifies that the G702 is not a check or a similar instrument. The payment certified is due *only* to the contractor named on the form and cannot be sold or transferred.

CORRECT RESPONSES
Column D (Work Completed – From Previous Application)
This column shows the cumulative value of work completed *before* the current period.

Column G (Total Completed and Stored to Date)
This column shows the cumulative value of all work and stored materials *up to the end of the current period*. The value of work completed in “This Period” (Column E) is calculated as: (Column G) – (Column F from current application) – (Column D + Column F from previous application). Therefore, D and G are essential inputs. A simpler way is G – (previous G).

CORRECT RESPONSE
Return the application to the contractor for correction before reviewing it further

The Application for Payment is a formal, legal document. If it contains a fundamental error on Line 1, the rest of the calculations will be incorrect. The proper administrative procedure is to return the entire application to the contractor for them to correct and resubmit, as it is their application. The architect should not correct the contractor’s formal submission themselves.

CORRECT RESPONSES
Made exhaustive or continuous on-site inspections to check the quality or quantity of the Work
AIA A201–2017, Section 9.4.2 (1), explicitly states that issuance of a Certificate for Payment is not a representation that the architect has done this.

Reviewed construction means, methods, techniques, sequences, or procedures
AIA A201–2017, Section 9.4.2 (2), explicitly disclaims this as part of the payment certification process.

Reviewed copies of requisitions received from subcontractors and suppliers
AIA A201–2017, Section 9.4.2 (3), explicitly states that the architect has not reviewed these documents as part of the certification.

CORRECT RESPONSES
To provide a price per unit of measurement for materials, equipment, or services
AIA A701–2018, Section 1.7, defines a Unit Price as “an amount stated in the Bid as a price per unit of measurement for materials, equipment, or services.”

To establish a cost basis for a portion of the Work
AIA A701–2018, Section 1.7, further clarifies that a Unit Price is for “a portion of the Work, as described in the Bidding Documents.” It is used to establish a cost basis when the exact quantity of that work is unknown at the time of bidding.

CORRECT RESPONSE
The architect shall not be responsible for the owner’s unapproved acceptance

AIA B101–2017, Section 3.1.4, states, “The Architect shall not be responsible for an Owner’s directive or substitution, or for the Owner’s acceptance of non-conforming Work, made or given without the Architect’s written approval.”

CORRECT RESPONSE
The architect shall assist the owner in connection with the owner’s responsibility for filing

AIA B101–2017, Section 3.1.6, clarifies the roles: “The Architect shall assist the Owner in connection with the Owner’s responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project.” This establishes filing as the owner’s responsibility, with the architect in an assisting role.

CORRECT RESPONSE
The architect is granted a license to use the consultant’s work only to the same extent as the owner in the Prime Agreement

AIA C401–2017, Section 7.1, establishes a “flow-down” license. It states, “the Consultant grants to the Architect a license to use the Consultant’s Instruments of Service in the same manner and to the same extent as the Architect has granted a license to the Owner in the Prime Agreement.” Since the owner’s license is typically limited to the specific project, so is the architect’s license to use the consultant’s work.

CORRECT RESPONSE
To render written recommendations to the architect on the claim

AIA C401–2017, Section 3.5, states, “The Consultant shall, within time limits agreed upon or otherwise with reasonable promptness, render written recommendations on claims, disputes, and other matters in question between the Owner and Contractor relating to the execution or progress of This Portion of the Project.”

CORRECT RESPONSE
Substantial Completion has not been formally established because the owner has not accepted their responsibilities

The AIA G704–2017 requires the signatures of the owner and contractor to acknowledge their acceptance of the date and the transfer of responsibilities. Without the owner’s signature, there is no mutual agreement on this critical milestone. The architect’s certification is a necessary condition, but it is not sufficient on its own if another party disputes it. The next step would be to resolve the dispute through the project’s claim procedures.

CORRECT RESPONSE
The Change Order itself does not specify an effective date; it documents a modification to the contract as of the date of the G701

The AIA G701–2017 has a “Date:” field in its header, which is the administrative date of the document. The form serves to amend the contract as of that date or the date of final signature. It does not contain a separate field for an “effective date.” The legal effectiveness begins once it is fully executed by all three parties.

CORRECT RESPONSE
The architect, on the owner’s behalf, issues a G709 to solicit a proposal from the contractor

The AIA G709–2018 Proposal Request is designed to be the formal first step in the change process. It allows the owner to get firm pricing and schedule information *before* they are contractually committed to the change, which is the most orderly and financially prudent sequence of events.

CORRECT RESPONSE
It often triggers a change in the insurance responsibilities as outlined on the form

The AIA G704–2017 has a section to define the transfer of responsibilities, which explicitly includes “insurance.” The date of Substantial Completion is the typical milestone when the responsibility for carrying property insurance (often builder’s risk) shifts from the contractor to the owner’s permanent property insurance.

CORRECT RESPONSE
To indicate that the proposed change is consistent with the design intent of the contract documents
The architect reviews changes to ensure they align with the overall design concept and do not create conflicts with other parts of the work.

To formally acknowledge the adjustments to the Contract Sum and Contract Time
The architect’s signature serves as a record that they, as the contract administrator, are aware of and have processed the formal changes to the contract’s cost and schedule.

CORRECT RESPONSE
Enter “$0.00” for the change amount and show that the new Contract Sum is unchanged

The AIA G701–2017 form should always be filled out completely for clarity and to prevent ambiguity. In the case of a no-cost time extension, the architect should indicate the change to the Contract Sum is “$0.00” and show that the “new Contract Sum” is the same as the “Contract Sum prior to this Change Order.”

CORRECT RESPONSE
To create a clear, signed record of the date the financial responsibility for utilities shifts

The section for assigning responsibilities on the AIA G704–2017 serves as a formal agreement between the owner and contractor, creating a clear and legally enforceable record of the exact date that operational and financial responsibilities, like paying for utilities, are transferred. This helps prevent future disputes.

CORRECT RESPONSE
It is the basis upon which the architect is to prepare Design Development Documents

AIA B101–2017, Section 3.3.1, states, “Based on the Owner’s approval of the Schematic Design Documents…the Architect shall prepare Design Development Documents for the Owner’s approval.” The owner’s formal approval is a prerequisite that authorizes the architect to proceed to the next phase based on a mutually understood scope.

CORRECT RESPONSES
Governmental authorities required to approve the Construction Documents
AIA B101–2017, Section 3.1.5, requires the architect to “contact governmental authorities required to approve the Construction Documents,” and Section 3.4.2 requires the architect to “incorporate the design requirements of governmental authorities having jurisdiction…into the Construction Documents.”

Entities providing utility services to the Project
AIA B101–2017, Section 3.1.5, also requires the architect to contact and “respond to applicable design requirements imposed by” entities providing utility services to the project.

CORRECT RESPONSE
Edits to entries must be initialed by the signer of the Bid

AIA A701–2018, Section 4.1.4, specifies the procedure for corrections: “Edits to entries made on paper bid forms must be initialed by the signer of the Bid.”

CORRECT RESPONSE
The architect may withhold certification of the entire Application for Payment

AIA A201–2017, Section 9.3.1, requires the Application for Payment to be “supported by all data substantiating the Contractor’s right to payment that the Owner or Architect require, such as…releases and waivers of liens from Subcontractors.” Section 9.5.1.3 allows the architect to withhold certification for the “failure of the Contractor to make payments properly to Subcontractors.”

CORRECT RESPONSE
The owner shall furnish the contractor one copy of the contract documents

AIA A201–2017, Section 2.3.6, states, “Unless otherwise provided in the Contract Documents, the Owner shall furnish to the Contractor one copy of the Contract Documents for purposes of making reproductions pursuant to Section 1.5.2.”

CORRECT RESPONSES
Addenda issued prior to execution of the Agreement.
AIA Document A101–2017, Article 1, explicitly lists “Addenda issued prior to execution of this Agreement” as a component of the Contract Documents.

Modifications issued after execution of the Agreement.
AIA Document A101–2017, Article 1, also explicitly lists “Modifications issued after execution of this Agreement” as a component of the Contract Documents. The other items are only part of the contract if specifically enumerated in Article 9.

CORRECT RESPONSE
Either party may demand in writing that the other party file for binding dispute resolution

AIA A201–2017, Section 15.3.3, states, “Either party may, within 30 days from the date that mediation has been concluded…or 60 days after mediation has been demanded without resolution…demand in writing that the other party file for binding dispute resolution.”

CORRECT RESPONSE
Bidding Documents will not be issued directly to sub-bidders unless specifically offered

AIA A701–2018, Section 3.1.3, states, “Bidding Documents will not be issued directly to Sub-bidders unless specifically offered in the advertisement or invitation to bid, or in supplementary instructions to bidders.”

CORRECT RESPONSE
AIA Document A312, Performance Bond and Payment Bond

AIA A701–2018, Section 7.2.2, states, “Unless otherwise provided, the bonds shall be written on AIA Document A312, Performance Bond and Payment Bond.”

CORRECT RESPONSE
They are documented as part of the Initial Information that forms the basis of the agreement

AIA B101–2017, Article 1, Initial Information, provides a framework to define the project’s baseline conditions. This includes specific sections to identify the consultants retained by the Owner (Section 1.1.9) and those retained by the Architect (Section 1.1.11). Documenting them as “Initial Information” establishes the project team structure from the outset.

CORRECT RESPONSE
This review process is documented as Initial Information, which can affect the architect’s schedule

AIA B101–2017, Section 1.1.8, provides a specific place to list all parties who are required to review the architect’s submittals. This is part of the “Initial Information” that forms the basis of the agreement. Section 3.1.3 further states that the architect’s schedule shall include allowances for periods of time required for the Owner’s review. Documenting these reviewers upfront is critical because an expanded review process directly impacts the project schedule, for which the architect must be able to plan.

CORRECT RESPONSE
The consultant shall submit a schedule for the architect’s approval

AIA C401–2017, Section 2.7, requires the consultant to “submit for the Architect’s approval a schedule for the performance of the Consultant’s services.” It also states that once approved, the time limits shall not be exceeded except for reasonable cause.

CORRECT RESPONSES
The number of site visits is specified in the agreement
AIA C401–2017, Section 3.1.1, provides a fill-in-the-blank to specify the number of site visits included in basic services.

Additional site visits authorized by the architect are compensated as an Additional Service
AIA C401–2017, Section 3.1.1, also states, “If the Architect authorizes the Consultant to perform additional site visits, the Consultant shall be compensated for the additional site visits as an Additional Service.”

CORRECT RESPONSES
It provides a unique identifier for tracking and referencing the specific contract modification
The number (e.g., “Change Order Number: 001”) serves as a unique reference for all parties, essential for clear record-keeping and communication.

It establishes a chronological sequence for all changes made to the contract
By numbering change orders sequentially (001, 002, 003), the parties maintain a clear and orderly history of how the contract has been modified over time.

CORRECT RESPONSE
No agreement has been reached, and a Change Order cannot be executed

A Change Order requires agreement on all its terms—scope, cost, AND time. Since the owner has not agreed to the proposed time extension, there is no mutual agreement, and a G701 cannot be executed. The parties must continue to negotiate or the owner must decide whether to issue a CCD.

CORRECT RESPONSE
The failure to include an item does not alter the contractor’s responsibility to complete all Work

The AIA G704–2017 form contains a critical sentence to protect the owner: “The failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents.” This means the punch list is not an exhaustive list of all remaining obligations.

CORRECT RESPONSE
Fill out all cost and time fields to create a complete and final record of the contract’s status

Every AIA G701–2017, including the final one, should be filled out completely to maintain a clear and continuous contractual record. This includes showing the Contract Sum prior to the change, the amount of the final change, and the final, resulting Contract Sum.

CORRECT RESPONSE
The owner must be able to occupy or utilize the designated portion for its intended use independently

The definition of Substantial Completion on the AIA G704–2017 applies to a “designated portion” in the same way it does to the whole project. The key test is whether that portion can be used for its intended purpose. For a lab wing, this would mean all systems and finishes are complete enough for safe and functional operation, independent of the ongoing work elsewhere.

CORRECT RESPONSE
A non-compensable time extension has been granted for a delay such as unusual weather

A Change Order that modifies only the Contract Time is often used to formalize a time extension for an excusable but non-compensable delay, such as abnormal weather, as defined in the General Conditions (e.g., AIA A201). It formally adjusts the project schedule without adjusting the cost.

CORRECT RESPONSE
The amount invoiced to the architect by the consultant, plus a percentage markup

AIA B101–2017, Section 11.4, provides the default method for this compensation: “Compensation for Supplemental and Additional Services of the Architect’s consultants when not included in Section 11.2 or 11.3, shall be the amount invoiced to the Architect plus percent ( %), or as follows…” This establishes that the architect typically bills the consultant’s direct cost plus a markup for their coordination and administrative effort.

CORRECT RESPONSE
It is an Additional Service for which the architect is entitled to compensation

AIA B101–2017, Section 4.2.2.5, lists “Evaluating substitutions proposed by the Owner or Contractor and making subsequent revisions to Instruments of Service resulting therefrom” as an Additional Service for which the architect is entitled to compensation.

CORRECT RESPONSE
The owner may accept the adjusted bid price or disqualify the bidder

AIA A701–2018, Section 6.3.3, states that in this situation, the bidder may submit a substitute and any required adjustment in the bid price. It concludes, “The Owner may accept the adjusted bid price or disqualify the Bidder.”

CORRECT RESPONSES
The unexecuted form of Agreement between the Owner and Contractor
AIA A701–2018, Section 1.1, lists this as a primary component of the Proposed Contract Documents.

Conditions of the Contract (General, Supplementary and other Conditions)
AIA A701–2018, Section 1.1, includes the Conditions of the Contract as part of the Proposed Contract Documents.

Drawings and Specifications
AIA A701–2018, Section 1.1, includes Drawings and Specifications as part of the Proposed Contract Documents.

All Addenda issued during the bidding period
AIA A701–2018, Section 1.1, also includes all Addenda as part of the Proposed Contract Documents. The other options are part of the “Bidding Requirements.”

CORRECT RESPONSE
The contractor shall be entitled to rely on the accuracy of information furnished by the owner

AIA A201–2017, Section 2.3.4, states, “The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work.”

CORRECT RESPONSE
The schedule shall be revised at appropriate intervals as required by the conditions of the Work

AIA A201–2017, Section 3.10.1, states that after submitting the initial schedule, “The schedule shall be revised at appropriate intervals as required by the conditions of the Work and Project.” The contractor is then required to perform the Work in general accordance with the most recent schedules.

CORRECT RESPONSE
The owner must provide ten days’ prior notice to the contractor.

AIA Document A101–2017, Section 8.4, states, “Neither the Owner’s nor the Contractor’s representative shall be changed without ten days’ prior notice to the other party.”

CORRECT RESPONSE
A summary of the Bids

AIA A701–2018, Section 5.1, Opening of Bids, states, “A summary of the Bids may be made available to Bidders.” It does not obligate the owner to provide the full, detailed bid forms of competitors, though public procurement laws may have additional requirements.

CORRECT RESPONSE
The bidder may state their refusal to accept an award of less than a stipulated combination of bids

AIA A701–2018, Section 4.1.6, states, “Where two or more Bids for designated portions of the Work have been requested, the Bidder may, without forfeiture of the bid security, state the Bidder’s refusal to accept award of less than the combination of Bids stipulated by the Bidder.”

CORRECT RESPONSE
The absence of a modifier or article is not intended to affect the interpretation

AIA A201–2017, Section 1.4, Interpretation, states, “In the interest of brevity the Contract Documents frequently omit modifying words such as ‘all’ and ‘any’ and articles such as ‘the’ and ‘an,’ but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement.”

CORRECT RESPONSE
It is figured on the basis of net increase, if any, with respect to that change

AIA A201–2017, Section 7.3.8, states, “When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change.” This means if a change is purely deductive, no profit is added.

CORRECT RESPONSE
It indicates the date the certificate itself is issued by the architect

The AIA G704–2017 form has two key dates. The “Date of Substantial Completion” is the effective date for warranties and other milestones. The “Date” in the header under “CERTIFICATE INFORMATION” is the administrative date of issuance of the form itself, which may be different from the effective date of Substantial Completion.

CORRECT RESPONSE
The process for this specific change ends, and the original contract requirements remain in effect

The AIA G709–2018 is a no-obligation request for information. If the owner rejects the resulting proposal, the proposed change is simply abandoned. The contract is not altered, and there is no further action required unless the owner wishes to propose a different change.

CORRECT RESPONSE
The agreement does not specify a penalty; it is a matter of contractual breach

The AIA G704–2017 form establishes the contractor’s obligation to complete the punch list within a set time but does not prescribe a specific remedy or penalty for failure to do so. This failure would constitute a breach of contract, and the owner’s remedies would be governed by the General Conditions (e.g., AIA A201) and applicable law, which might include the owner completing the work and charging the contractor.

CORRECT RESPONSE
To identify the original scope of work as described in the Owner-Contractor Agreement

The “Contract For:” line on the AIA G701–2017 is used to describe the Work of the Contract as it was originally defined in the Owner-Contractor Agreement (e.g., “General Construction,” “Mechanical Work”). This provides context for the change being made.

CORRECT RESPONSE
To promptly notify the architect that they need further information or changes to perform their services

AIA C401–2017, Section 2.3, states that the consultant shall “review the information provided by the Architect and shall promptly notify the Architect if the Consultant needs further information to perform its services.” This proactive communication is essential for coordination.

CORRECT RESPONSE
The consultant is required to identify a representative and key personnel as part of their responsibilities

AIA C401–2017, Section 2.2, requires the consultant to “identify a representative authorized to act on behalf of the Consultant…and key personnel who will perform the Consultant’s services.” This ensures the architect knows who they will be working with and has the right to approve any changes.

CORRECT RESPONSE
Litigation in a court of competent jurisdiction

AIA B101–2017, Section 8.2.4, states, “If the Owner and Architect do not select a method of binding dispute resolution, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent jurisdiction.”

CORRECT RESPONSE
The Owner

AIA B101–2017, Section 5.4, explicitly places this responsibility on the owner: “The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site.”

CORRECT RESPONSES
Prepare drawings and other documents including plans, sections, and elevations
AIA B101–2017, Section 3.3.1, lists this as a key deliverable for the Design Development phase to “fix and describe the size and character of the Project.”

Prepare outline specifications that identify major materials and systems
AIA B101–2017, Section 3.3.1, also requires the architect to provide “outline specifications that identify major materials and systems and establish, in general, their quality levels.”

Update the estimate of the Cost of the Work
AIA B101–2017, Section 3.3.2, requires the architect to “update the estimate of the Cost of the Work” prepared during the Schematic Design phase.

CORRECT RESPONSE
The bid will not be accepted

AIA A701–2018, Section 4.3.3, is unequivocal: “Bids shall be submitted by the date and time and at the place indicated in the invitation to bid. Bids submitted after the date and time for receipt of Bids…will not be accepted.”

CORRECT RESPONSE
This is a matter between the owner and bidder; the architect has no explicit role

AIA A701–2018, Section 6.2, Owner’s Financial Capability, describes a process solely between the bidder and the owner. It outlines the bidder’s right to request this information and the consequences if the owner fails to provide it. The architect is not mentioned and has no prescribed role in this specific exchange.

CORRECT RESPONSE
The IDM may request the owner to authorize retention of such persons at the owner’s expense

AIA A201–2017, Section 15.2.3, states, “In evaluating Claims, the Initial Decision Maker may…consult with or seek information from…persons with special knowledge or expertise…The Initial Decision Maker may request the Owner to authorize retention of such persons at the Owner’s expense.”

CORRECT RESPONSE
An estimate of cost and of probable effect of delay on progress of the Work

AIA A201–2017, Section 15.1.6.1, states, “If the Contractor wishes to make a Claim for an increase in the Contract Time…The Contractor’s Claim shall include an estimate of cost and of probable effect of delay on progress of the Work.”

CORRECT RESPONSE
The owner may clean up and is entitled to reimbursement from the contractor

AIA A201–2017, Section 3.15.2, states, “If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and the Owner shall be entitled to reimbursement from the Contractor.”

CORRECT RESPONSE
It is not a Contract Document.

AIA Document A101–2017, Article 1, states that the Contract Documents form the “entire and integrated agreement” and “supersedes prior negotiations, representations, or agreements, either written or oral.” For the proposal to be a part of the contract, it must be enumerated in Article 9. Since it was not, it is not a Contract Document.

CORRECT RESPONSE
The consultant must perform its services consistent with the standard of care in the Prime Agreement

AIA C401–2017, Section 2.1, contains a critical flow-down provision: “If the standard of care set forth in the Prime Agreement for the Architect’s services differs from the standard of care set forth in this Section for the Consultant’s services, the Consultant shall perform its services consistent with the standard of care in the Prime Agreement.”

CORRECT RESPONSE
The consultant is reimbursed for expenses that are listed as reimbursable in the Prime Agreement

AIA C401–2017, Section 11.5, states, “The Architect shall reimburse the Consultant for the Reimbursable Expenses…listed in the Prime Agreement.” If the Prime Agreement does not list travel as a reimbursable expense for the architect, then it is not automatically a reimbursable expense for the consultant.

CORRECT RESPONSE
The architect shall pay the consultant a Termination Fee, if one is stipulated in the agreement

AIA C401–2017, Section 9.1.1, states, “in the event of termination of this Agreement not due to the fault of the Consultant, the Architect shall pay the Consultant a Termination Fee.” This fee is intended to cover such costs and lost profit.

CORRECT RESPONSE
The architect’s action shall be taken with reasonable promptness while allowing sufficient time for adequate review

AIA B101–2017, Section 3.6.4.1, states, “The Architect’s action in reviewing submittals shall be taken in accordance with the approved submittal schedule or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time, in the Architect’s professional judgment, to permit adequate review.”

CORRECT RESPONSE
The license granted to the owner is terminated

AIA B101–2017, Section 7.3, states, “If the Architect rightfully terminates this Agreement for cause as provided in Section 9.4, the license granted in this Section 7.3 shall terminate.” While this clause refers to the architect terminating for cause, the principle is that a rightful termination for cause by either party (as opposed to for convenience) can sever the license. Conversely, Section 7.3.1 specifies that the Owner’s release and indemnity obligations do *not* apply if the owner rightfully terminates for cause, implying the license and its conditions are voided.

CORRECT RESPONSE
Give 7 days’ notice to the other party before disclosing the information

AIA B101–2017, Section 10.8.1, allows for the disclosure of confidential information when required by law or court order, but it stipulates that “The receiving party may disclose ‘confidential’ or ‘business proprietary’ information after 7 days’ notice to the other party.”

CORRECT RESPONSE
The amount of the bid security shall be forfeited to the owner as liquidated damages

AIA A701–2018, Section 4.2.2, states, “Should the Bidder refuse to enter into such Contract or fail to furnish such bonds if required, the amount of the bid security shall be forfeited to the Owner as liquidated damages, not as a penalty.”

CORRECT RESPONSE
The owner, contractor, and architect must jointly inspect the area to be occupied

AIA A201–2017, Section 9.9.2, states, “Immediately prior to such partial occupancy or use, the Owner, Contractor, and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work.”

CORRECT RESPONSES
The owner’s rights to finish the work are subject to the prior rights of the surety
AIA A201–2017, Section 14.2.2, states that when the owner terminates for cause, they may finish the work, “subject to any prior rights of the surety.”

The owner must provide notice of termination to the contractor and the surety
AIA A201–2017, Section 14.2.2, requires the owner, “after giving the Contractor and the Contractor’s surety, if any, seven days’ notice,” to terminate the employment of the contractor.

CORRECT RESPONSES
The aggregate of any amounts previously paid by the Owner.
AIA Document A101–2017, Section 5.1.6.2.1, requires the deduction of all prior payments.

The amount for Work that remains uncorrected.
AIA Document A101–2017, Section 5.1.6.2.2, allows for the deduction of amounts for uncorrected work for which the Architect has previously withheld payment.

Retainage withheld pursuant to Section 5.1.7.
AIA Document A101–2017, Section 5.1.6.2.5, explicitly lists retainage as a required reduction from the progress payment.

CORRECT RESPONSE
The one-year correction period does not establish a limit on the contractor’s other obligations

AIA A201–2017, Section 12.2.5, clarifies this important point: “Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to other obligations the Contractor has under the Contract Documents.” It notes that the one-year period relates only to the specific obligation to correct the work and does not limit the enforcement of other obligations, such as the general warranty, which may be subject to a longer statute of limitations.

CORRECT RESPONSE
The contractor shall restore all areas to the condition existing prior to the cutting

AIA A201–2017, Section 3.14.1, states, “The Contractor shall be responsible for cutting, fitting, or patching required to complete the Work…All areas requiring cutting, fitting, or patching shall be restored to the condition existing prior to the cutting, fitting, or patching, unless otherwise required by the Contract Documents.”

CORRECT RESPONSE
The owner

AIA A201–2017, Section 3.6, states the Contractor shall pay taxes “that are legally enacted when bids are received or negotiations concluded.” By implication, taxes enacted after this date are a change to the contract’s baseline assumptions, and the cost would be borne by the owner, typically through a Change Order.

CORRECT RESPONSE
That the Bid complies with the Bidding Documents

AIA A701–2018, Section 2.1.3, states that by submitting a Bid, the Bidder represents that “the Bid complies with the Bidding Documents.” This is a broad representation that encompasses all the rules and requirements set forth in the instructions.

CORRECT RESPONSE
To provide a price per unit of measurement for a portion of the Work

AIA A701–2018, Section 1.7, defines a Unit Price as “an amount stated in the Bid as a price per unit of measurement for materials, equipment, or services, or a portion of the Work.” This is typically used for items where the exact quantity is unknown, such as cubic yards of rock excavation.

CORRECT RESPONSE
The architect is not required to execute certificates with requirements beyond the scope of the agreement

AIA B101–2017, Section 10.4, states, “The Architect shall not be required to execute certificates or consents that would require knowledge, services, or responsibilities beyond the scope of this Agreement.” Certifying a project is “free from all defects” implies a level of perfection and continuous inspection that goes far beyond the architect’s standard of care and scope of services.

CORRECT RESPONSES
Compensation for authorized Additional Services performed during the billing period
AIA B101–2017, Section 11.3, provides for compensation for Additional Services.

Compensation for Supplemental Services performed during the billing period
AIA B101–2017, Section 11.2, provides for compensation for Supplemental Services.

Reimbursable Expenses incurred during the billing period, plus a percentage markup if applicable
AIA B101–2017, Section 11.8, defines Reimbursable Expenses and Section 11.8.2 allows for a markup.

The cost of additional insurance coverage required by the owner beyond what the architect normally maintains
AIA B101–2017, Section 11.9, specifically allows the architect to be paid for the cost of additional insurance required by the owner.

CORRECT RESPONSE
The dispute will be resolved in a court of competent jurisdiction

AIA C401–2017, Section 8.2.3, states that if mediation fails, “the method of binding dispute resolution shall be the following:”. If the box for “Litigation in a court of competent jurisdiction” is checked, that is the legally binding next step.

CORRECT RESPONSE
The agreement does not include a standard provision for an initial payment to the consultant

Unlike AIA B101–2017, which has a specific clause (Section 11.10.1) for an initial payment to the architect, the AIA C401–2017 does not contain a similar standard provision for an initial payment to the consultant. Such a payment would need to be added as a Special Term and Condition in Article 12.

CORRECT RESPONSE
The Change Order is executed to supersede the Construction Change Directive

A note on the AIA G701–2017 form states: “This Change Order does not include adjustments…that have been authorized by Construction Change Directive until the cost and time have been agreed upon…in which case a Change Order is executed to supersede the Construction Change Directive.” This clarifies that the G701 is the final, formal agreement that replaces the temporary directive.

CORRECT RESPONSE
To formally document the transfer of operational responsibilities for the building

This section of the AIA G704–2017 is a critical risk management tool. Its purpose is to create a clear, written record of the exact point in time when the responsibility for securing, maintaining, and paying for the operation of the building and site shifts from the contractor to the owner, which typically aligns with the owner’s ability to occupy and use the facility.

CORRECT RESPONSE
Compensation for the deleted portions is payable to the extent services were performed on those portions

AIA B101–2017, Section 11.6.1, addresses this situation directly: “When compensation is on a percentage basis and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions.”

CORRECT RESPONSE
It is not part of the Contract Documents unless specifically enumerated in the Agreement

AIA Document A201–2017, which is a Proposed Contract Document referenced in A701, defines the Contract Documents in Section 1.1.1. This definition explicitly states that, “Unless specifically enumerated in the Agreement, the Contract Documents do not include…Instructions to Bidders.”

CORRECT RESPONSE
Correlate their observations with the requirements of the Proposed Contract Documents

AIA A701–2018, Section 2.1.4, states that by submitting a Bid, the Bidder represents that they have “visited the site, become familiar with local conditions…and has correlated the Bidder’s observations with the requirements of the Proposed Contract Documents.”

CORRECT RESPONSE
The owner may issue a Construction Change Directive for the reconstruction of the work

AIA A201–2017, Section 11.5.2, states that if a dispute arises over the settlement or allocation of insurance proceeds, “any dispute…shall be resolved pursuant to Article 15. Pending resolution of any dispute, the Owner may issue a Construction Change Directive for the reconstruction of the damaged or destroyed Work.”

CORRECT RESPONSE
The architect will issue Certificates for Payment in accordance with the IDM’s decision

AIA A201–2017, Section 15.1.4.2, states, “The Contract Sum and Contract Time shall be adjusted in accordance with the Initial Decision Maker’s decision…The Architect will issue Certificates for Payment in accordance with the decision of the Initial Decision Maker.”

CORRECT RESPONSE
The owner

AIA A201–2017, Section 9.8.4, states that the Certificate of Substantial Completion shall “establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance.” Once the owner accepts these responsibilities in the Certificate, they are typically responsible for damage that occurs after that date.

CORRECT RESPONSE
The percentage of completion of each portion of the Work.

AIA Document A101–2017, Section 5.1.5, states, “Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment.” This information, based on the schedule of values, is fundamental to the architect’s review.

CORRECT RESPONSE
AIA Document A101–2017, Section 5.1.4, states, “This schedule of values shall be used as a basis for reviewing the Contractor’s Applications for Payment.”