| Author |
Message |
Bill Morley
Senior Member
Username: billm
Post Number: 8
Registered: 08-2005
| | Posted on Wednesday, October 11, 2006 - 09:42 pm: |    |
(I hope I am not bringing up a tired old topic, previously discussed ad nauseam)
per Merriam Webster –
administer: 1. Manage, superintend; 4. to perform the office of administrator.
administration: 1. the act or process of administering; 2. Management
The Architect has a lot of duties and responsibilities during the construction phase, and those are spelled out in the General Conditions. But it seems to me that “administration” – as I understand the meaning of that word - isn’t one of our construction phase duties.
Do we use the term “(contract) administration” because we think it’s the right word? Or is simply because we haven’t thought of a better one? Perhaps the term "administration" would be more onerous if we weren't so well protected by the definition in A201 of our scope of duties and responsibilites. |
Ronald L. Geren, RA, CSI, CCS, CCCA, MAI
Senior Member
Username: specman
Post Number: 345
Registered: 03-2003
| | Posted on Thursday, October 12, 2006 - 01:41 pm: | |
It's actually in A201...Article 4 to be exact, which is entitled "Administration of the Contract"...and directly below that is Section 4.1 entitled "Architect." By that association, the architect IS the administrator of the Contract. |
David R. Combs, CSI, CCS, CCCA
Senior Member
Username: davidcombs
Post Number: 171
Registered: 08-2004
| | Posted on Thursday, October 12, 2006 - 02:02 pm: | |
Its important, too, to point out the common misnomer - Construction Administration.
The Architect does not administer the construction, they administer the construction CONTRACT.
Hence CCA, or Construction Contract Administration. |
Doug Frank FCSI CCS
Senior Member
Username: doug_frank_ccs
Post Number: 201
Registered: 06-2002
| | Posted on Wednesday, October 03, 2007 - 10:41 am: | |
I’ve been told that in a recent liability seminar/webinar, the presenting lawyers said that the phrase “Contract Administration” is now considered to be at least as dangerous as Construction Administration and should no longer be used. It was implied that the new versions of AIA documents will now include the term “Construction Observation” and that we should change all references to match.
I realize the danger in feeling safely hidden behind terminology but apparently we’ve got to do what our attorneys tell us to do. I would like to be assured though that the rumored preferred terminology is in fact accurate before we change our Contract Language and a bunch of our business cards.
Does anyone have an inside track to the AIA Documents committee to confirm or refute this terminology change? |
William C. Pegues, FCSI, CCS
Senior Member
Username: wpegues
Post Number: 673
Registered: 10-2002
| | Posted on Wednesday, October 03, 2007 - 10:49 am: | |
Maybe we should change the CCCA designation to a Certified Construction Contract Observor too.
Until the revised AIA A201 is actually used on one of your projects, regardless of wheter it is issued or not, it has to do with what is actually used, you are legally married to the terminology of Contract Administration no matter what you say elsewhere, unless you issue a supplementary general conditions article modifying the A201 language. It won't matter much at all what the lawyers say as long as your are under the existing A201 unmodified because there it specifically identifies your duties as the Contract Administrator.
William |
Doug Frank FCSI CCS
Senior Member
Username: doug_frank_ccs
Post Number: 202
Registered: 06-2002
| | Posted on Wednesday, October 03, 2007 - 10:55 am: | |
Yes WIlliam, I understand that. Many times we deal with non-standard AIA documents so it may not be an issue of which version is applicable.
I'm simply trying to find out if anyone has any information about what the new documents are going to say when they do get issued. |
Ronald L. Geren, AIA, CSI, CCS, CCCA, SCIP
Senior Member
Username: specman
Post Number: 533
Registered: 03-2003
| | Posted on Wednesday, October 03, 2007 - 11:43 am: | |
I have a plan:
We'll observe the construction, but then the lawyers must handle the RFIs, COs, ASIs, progress meeting minutes, pay applications, submittal reviews, disputes, etc. etc. etc. |
Robin E. Snyder
Senior Member
Username: robin
Post Number: 138
Registered: 08-2004
| | Posted on Wednesday, October 03, 2007 - 08:06 pm: | |
At $400/ hour, I am sure the Lawyers would be happy to do all that! |
Ronald L. Geren, AIA, CSI, CCS, CCCA, SCIP
Senior Member
Username: specman
Post Number: 536
Registered: 03-2003
| | Posted on Wednesday, October 03, 2007 - 08:21 pm: | |
Planning to add a new service to your business once you earn that Juris Doctorate, huh? |
John Regener, AIA, CCS, CCCA, CSI, SCIP
Senior Member
Username: john_regener
Post Number: 342
Registered: 04-2002
| | Posted on Thursday, October 04, 2007 - 10:41 am: | |
So, all the administrative activities represented in Ron Geren's list will be handled by the construction manager or the owner's representative and not the architect? And this will reduce the architect's liability by having decisions made by other than the design professionals of record?
From experience as a CCCA, the amount of trouble that the architect's "contract administrator" avoids for the architect is certainly worth the risk from being involved during construction.
What exactly is the risk from administration of the contract? Does someone believe that the architect will still not be involved in RFIs, construction change directives, change orders, payment applications and contract closeout? Will changing terminology avoid responsibility and risk? |
John Bunzick, CCS, CCCA
Senior Member
Username: bunzick
Post Number: 798
Registered: 03-2002
| | Posted on Friday, October 05, 2007 - 09:02 am: | |
I don't think a shift is services is what is anticipated, only a shift in terminology. Just like using "no exceptions" instead of "approved." Driven by the attorneys, but made little difference in what we did. |
Anonymous
| | Posted on Wednesday, October 10, 2007 - 05:38 pm: | |
quote:...apparently we’ve got to do what our attorneys tell us to do.
Why? It seems that at least half of all attorney's lose. These are the advisor's we are following? I am all for soliciting advice, but I am slow to adopt it. |
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