AIA Contracts CE – 020

CORRECT RESPONSE
The proposed change is not implemented, and the contract remains unchanged

The AIA G709–2018 is only a request. If the contractor does not respond, there is no proposal to consider, and therefore no basis for a Change Order. The process for that specific change ends, and the original contract requirements remain in full force.

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Question 30 – G709

An architect issues an AIA G709–2018 Proposal Request. The contractor fails to submit a proposal within the time specified on the form.

What is the contractual status of the proposed change?

CORRECT RESPONSE
To assist the architect and owner in determining the sufficiency of funds to be withheld for punch list work

The cost estimate for punch list items helps the owner and architect determine if the amount of retainage being held is sufficient to cover the cost of completing the remaining work if the contractor were to default on their obligation to finish it. While it informs the retainage amount, it is not a binding final figure in itself.

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Question 29 – G704

An architect is filling out an AIA G704–2017 Certificate of Substantial Completion.

What is the primary purpose of including a “Cost estimate of Work to be completed or corrected” on the form?

CORRECT RESPONSE
The consultant shall indemnify the architect for damages arising from the consultant’s negligent acts

AIA C401–2017, Section 8.1.2, contains an indemnification clause. It states, “The Consultant shall indemnify and hold the Architect…harmless from and against damages, losses and judgments arising from claims by third parties…but only to the extent they are caused by the negligent acts or omissions of the Consultant.” The duty to defend is explicitly excluded.

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Question 24 – C401

An architect has fully paid their civil engineering consultant for all services performed. Later, a claim arises from a third party (e.g., an adjacent property owner) due to an error in the civil engineer’s drainage design. The architect is named in the lawsuit.

What is the consultant’s obligation to the architect in this scenario?

CORRECT RESPONSE
The parties shall share the mediator’s fee and any filing fees equally

AIA B101–2017, Section 8.2.3, explicitly states, “The parties shall share the mediator’s fee and any filing fees equally.”

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Question 34 – B101

During the course of a project, a dispute arises between the Owner and Architect regarding unpaid fees. The parties are unable to resolve the dispute through direct negotiation and must proceed to mediation as required by their AIA B101–2017 agreement.

How are the costs associated with mediation handled?

CORRECT RESPONSES
Accept assignment of subcontracts
AIA A201–2017, Section 14.2.2.2, grants the owner the right to “Accept assignment of subcontracts pursuant to Section 5.4.”

Finish the Work by whatever reasonable method the Owner may deem expedient
AIA A201–2017, Section 14.2.2.3, allows the owner to “Finish the Work by whatever reasonable method the Owner may deem expedient.”

Exclude the Contractor from the site and take possession of materials and equipment on site
AIA A201–2017, Section 14.2.2.1, allows the owner to “Exclude the Contractor from the site and take possession of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor.”

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Question 36 – A201

A contractor on a project repeatedly fails to pay subcontractors, disregards local laws, and fails to supply enough skilled workers, constituting a substantial breach of the contract. The owner decides to terminate the contract for cause.

According to AIA A201–2017, what rights does the owner have after giving proper notice?
Check the three that apply.

CORRECT RESPONSE
AIA Document E203, Building Information Modeling and Digital Data Exhibit

AIA C401–2017, Section 1.10, states, “The parties will use AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, to establish the protocols for the development, use, transmission, and exchange of digital data.”

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Question 26 – C401

An architect needs to transmit a building information model (BIM) to their structural engineer. The Prime Agreement did not include an exhibit governing the use of digital data.

According to AIA C401–2017, what document should the architect and consultant use to establish protocols for the use of the model?

CORRECT RESPONSE
40 percent

AIA B101–2017, Section 11.5, provides a default breakdown for the proportion of compensation for each phase. It allocates 40% of the total Basic Compensation to the Construction Documents Phase. (Note: While these are default values, they can be modified by the parties.)

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Question 33 – B101

An architect is preparing a proposal for a new project and is determining the proportion of their Basic Services fee to allocate to each phase for monthly progress payments.

According to the default structure in AIA B101–2017, what is the standard percentage allocation for the Construction Documents Phase?

CORRECT RESPONSE
In Section 3.3.2, “Substantial Completion of portions of the Work.”

AIA Document A101–2017, Section 3.3.2, is the specific section designed to list dates of Substantial Completion for portions of the Work that must be completed prior to the Substantial Completion of the entire Work.

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Question 36 – A101

A project has two distinct phases. The A101 agreement requires the office build-out to be substantially complete by June 1 and the warehouse portion to be substantially complete by August 1.

Where in the AIA A101–2017 agreement should these phased completion dates be specified?

CORRECT RESPONSE
The architect and consultant shall agree upon how professional credit will be shared

AIA C401–2017, Section 1.7, provides a specific fill-in-the-blank space stating, “the Architect and Consultant agree to share professional credit for the Project as follows:”. This indicates that the sharing of credit is a matter to be mutually agreed upon and documented in the contract.

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Question 25 – C401

An architect is working with a lighting design consultant on a project. After the project is complete, the architect wishes to use images of the lighting design in their portfolio.

What does the AIA C401–2017 state about sharing professional credit for the project?

CORRECT RESPONSE
The warranty periods required by the contract documents begin earlier

The AIA G704–2017 form explicitly states that the date of Substantial Completion “is also the date of commencement of applicable warranties.” If this date is established earlier than planned, the warranties also begin earlier.

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Question 31 – G704

A project has a specified date of Substantial Completion. The contractor completes the work ahead of schedule and the architect issues an AIA G704–2017 Certificate of Substantial Completion establishing an earlier date.

What is the primary effect of establishing an earlier date of Substantial Completion?

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