Project team meeting about unjust enrichment.

Unjust Enrichment in Construction

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Unjust Enrichment in construction projects can have serious consequences for all parties involved. It is crucial for contractors, owners, and architects to be aware of this legal principle and its applications. An example of Unjust Enrichment in construction is when a contractor performs additional work without the owner’s knowledge or consent and submits a request for payment. The owner is under no legal obligation to pay for the work because it was not included in the contract, and the contractor would be unjustly enriched. The American Institute of Architects (AIA) contract documents can help prevent Unjust Enrichment by documenting changes to the construction project that occur after the contract has been signed or during the construction process. The AIA G701 and G714 forms ensure that all parties are aware of and agree to any changes to the project, legally justifying them and preventing Unjust Enrichment. Understanding and adhering to the principle of Unjust Enrichment is vital for a fair and successful construction project.

Owner Responsibilities to provide access to the construction site.

Owner Responsibilities in AIA Document B101

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AIA Document B101 outlines the responsibilities of the owner in a construction project. Key responsibilities include providing timely information, establishing and maintaining a budget, identifying a representative, providing geotechnical engineers and consultants, conducting tests and inspections, providing legal, insurance, and accounting services, promptly reporting defects, communicating with the contractor, coordinating the architect’s duties, providing access to the project site, and executing the construction contract. Understanding and fulfilling these responsibilities is critical to ensuring the success of the construction project.

Architect Review of Contractor Submittals at her desk.

Architect Review of Contractor Submittals: A Guide

Architect Review of Contractor Submittals is a crucial aspect of the construction process. According to the AIA document, the Architect shall review the Contractor’s submittal schedule and shall not unreasonably delay or withhold approval. 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. The Architect’s review of submittals such as Shop Drawings, Product Data and Samples is for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect’s review does not determine the accuracy and completeness of other information such as dimensions, quantities, and installation or performance of equipment or systems, which are the Contractor’s responsibility.

Architect's Construction Phase Services.

Architect’s Construction Phase Services: Roles and Responsibilities

Architect’s Construction Phase Services are crucial for the quality and success of a construction project. The role of an architect during this phase is to act as a consultant and advisor to the owner and to oversee the contract between the owner and the contractor. The responsibilities of the architect include evaluating the work, interpreting and deciding matters relating to the contract, and issuing certificates for payment to the contractor. During the construction phase, the architect visits the construction site regularly, ensures that the work meets the standards of quality and the contract documents, and can resolve disputes between the owner and the contractor. The architect’s responsibilities are limited to providing construction phase services and do not include control over construction means, methods, techniques, or responsibility for the contractor’s failure to perform work according to the contract documents. By utilizing the architect’s construction phase services, the owner can ensure that the construction project is managed efficiently and professionally, leading to a successful outcome.

Architect Services and the Bidding Process between owner and contractor.

Architect Services and the Bidding Process

Architect Services and the Bidding Process are critical for any construction project. AIA Document B101, Article 3.5 outlines the responsibilities of the architect in assisting the owner in obtaining competitive bids or proposals. During the bid phase, the architect will assist the owner in establishing a list of prospective contractors, confirm the responsiveness of bids, and award and prepare contracts for construction. In the competitive bidding process, the architect will procure bidding documents, conduct a pre-bid conference, respond to questions from bidders, and document the bidding results. In the negotiated proposal process, the architect will participate in selection interviews and negotiations, prepare a summary report, and distribute addenda. The architect ensures the owner obtains informed and competitive bids, leading to a smooth and successful bidding or negotiation phase.

Architect Design and Construction Document Services meeting.

Architect Design and Construction Document Services

The AIA B101 Contract Document outlines the services provided by the architect in the Design Development and Construction Document phases of a project. The Design Development phase starts with the approval of the Schematic Design Documents by the owner and the architect’s role is to prepare Design Development Documents including drawings, plans, sections, elevations, typical construction details, and diagrammatic layouts of building systems. The architect must also update the estimate of the Cost of the Work and submit the Design Development Documents to the owner for approval. In the Construction Documents phase, the architect prepares detailed Construction Documents, including Drawings and Specifications, and assists the owner in the development and preparation of bidding and procurement information, the agreement with the contractor, and the Conditions of the Contract for Construction. The architect must also update the estimate of the Cost of the Work and submit the Construction Documents to the owner for approval. The architect is responsible for fulfilling these tasks, along with other responsibilities as outlined in the AIA B101 Contract Document.

Sketches of an Architect Services on a clipboard.

Architect Services: A Guide to the B101

The B101 document outlines the responsibilities of both the client and the architect in Architect Services. The architect’s basic services, as outlined in Article 3, include structural, mechanical, and electrical engineering. The architect must manage their services, coordinate with the client and their consultants, and submit a schedule for approval. The Schematic Design Phase, the first phase of the design process, involves the architect reviewing laws and codes, preparing a preliminary evaluation of the client’s information, and presenting schematic design documents for approval. The architect must consider environmentally responsible alternatives and align their design with the client’s program, schedule, and budget.

Hawaii Architect Responsibility to their client.

Architect Responsibilities Defined in the AIA Contract

The American Institute of Architects (AIA) has outlined the important responsibilities of architects in construction projects through their standard contract document, the AIA Document B101. Article 2 of the document, titled “Architect Responsibilities”, outlines the tasks expected of architects, including the provision of professional services, performance of services with skill and care, identification of a representative, and avoidance of compromising activities. The document also requires architects to maintain certain insurance coverage, including general liability, automobile liability, workers’ compensation, and professional liability. These responsibilities are crucial for the success of any construction project and ensure that the architect’s professional judgment is not compromised. Properly defining and understanding these tasks is essential for all parties involved in a construction project.

Hawaii Architect and client beginning their Owner-Architect Partnership.

The Owner-Architect Partnership: A Guide

The owner-architect agreement plays a crucial role in any construction project. As per the AIA Document B101TM-2007, Standard Form of Agreement Between Owner and Architect, the agreement outlines the responsibilities and expectations of both the owner and the architect. The agreement covers everything from initial information, architect’s responsibilities, cost of the work, and compensation, to termination or suspension and miscellaneous provisions.

The owner and the architect must rely on the initial information provided in Article 1 Initial Information and any optional Exhibit A, Initial Information. This information includes details of the project site, program, owner’s contractors and consultants, architect’s consultants, and the owner’s budget for the cost of the work. The agreement recognizes that the initial information may change and adjusts the schedule, services, and compensation accordingly.

It is important for the owner and the architect to have a clear understanding of their respective roles and responsibilities in the project, and the owner-architect agreement ensures that this is clearly outlined and agreed upon. This helps to ensure a smooth and successful construction project.

Building commissioning with architect and construction team.

Building Commissioning: Understanding the Quality Assurance Process

Building Commissioning is a crucial quality assurance process in construction that ensures all components in a building, including MEP/FP systems, are properly installed and tested. The commissioning process is carried out by a commissioning agent who works for the building owner with the sole objective of delivering the building as designed and meeting the owner’s goals. The commissioning process is divided into four phases: design, construction, acceptance, and post-acceptance and includes the owner, design team, contractors, and commissioning agent. During the design phase, the commissioning agent helps develop the owner’s project requirements and reviews plans and specifications. During construction, the agent creates a commissioning plan and monitors all issues and deficiencies. In the acceptance phase, the agent functionally tests systems and documents compliance. In post-acceptance, the agent provides documentation and conducts seasonal testing, and assists with owner training. Building Commissioning ensures that the building meets the owner’s goals and operates efficiently, providing long-term benefits to the owner.

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