Contract Administration Flashcards

What is the primary purpose of a construction contract?

Answer: Define project parties’ obligations

The primary purpose of a construction contract is to establish a legally binding agreement between the project owner and the contractor. It clearly defines the scope of work, project timeline, payment terms, responsibilities, and obligations of all parties involved. This document serves to protect the interests of both sides and provides a framework for resolving disputes.

Which document typically identifies changes to the original contract terms, scope, or price?

Answer: Change Order

A Change Order is a formal document that modifies the original construction contract. It is used to record and authorize changes to the project's scope of work, contract price, or schedule. Change orders are essential for documenting agreements between the owner and contractor regarding unforeseen conditions or requested alterations.

Which party typically has the authority to issue a stop work order on a construction project?

Answer: Project owner or authorized agent

The project owner, or their authorized representative (such as the architect or construction manager acting on their behalf), typically holds the authority to issue a stop work order. This power is exercised when there are significant safety violations, major deviations from the contract, or other critical issues that jeopardize the project or its stakeholders. It is a serious measure to halt work until problems are resolved.

What is typically required before a contractor can submit a payment application?

Answer: Completion of agreed project milestone

In most construction contracts, payment applications are tied to the completion of specific project milestones or a certain percentage of work. Contractors typically submit a payment application after achieving a predefined stage of completion, which is then reviewed and approved by the owner or their representative. This ensures that payments are made in alignment with actual work progress.

Which of the following ensures the contractor has met all contractual obligations before final payment is issued?

Answer: Certificate of Substantial Completion

The Certificate of Substantial Completion is a critical document that signifies the point at which the project is sufficiently complete for the owner to occupy or utilize it for its intended purpose, even if minor punch list items remain. This certificate typically triggers the release of retainage and shifts responsibilities like insurance and utilities to the owner, ensuring the contractor has largely fulfilled their contractual obligations.

What is a liquidated damages clause designed to address in a construction contract?

Answer: Project schedule delays

A liquidated damages clause in a construction contract specifies a predetermined amount of money that the contractor must pay the owner for each day the project is delayed beyond the agreed-upon completion date. This clause is designed to compensate the owner for losses incurred due to project delays, without the need to prove actual damages in court. It provides a clear financial consequence for failing to meet the schedule.

Who typically prepares and submits a Request for Information (RFI)?

Answer: Contractor

A Request for Information (RFI) is typically prepared and submitted by the contractor to the project owner, architect, or engineer. RFIs are used to clarify ambiguities, discrepancies, or missing information in the contract documents, drawings, or specifications. This ensures that the contractor has a clear understanding of the design intent and can proceed with work correctly.

Which document records daily on-site activities, issues, and weather conditions for a construction project?

Answer: Daily Report

A Daily Report is a crucial construction document that records a comprehensive summary of activities, progress, issues, and conditions on the job site each day. It typically includes details such as labor hours, equipment used, materials delivered, work performed, visitors, safety incidents, and weather conditions. This report serves as a vital record for project tracking, communication, and potential dispute resolution.

What is a lien waiver used for in contract administration?

Answer: To confirm payment and waive future claims

A lien waiver is a crucial document in construction contract administration used to confirm that a party, such as a subcontractor or supplier, has received payment for their work or materials. By signing it, they legally waive their right to file a mechanics lien against the property for that specific payment amount. This protects the property owner and general contractor from future claims and ensures clear title.