Ballast question - correct answer

Building Section Vignette and Multiple Choice

Ballast question - correct answer

Postby aree2015 » Mon May 02, 2016 6:52 pm

Writing it in short -

There is a delay in the project due to hazardous material removal for 3 weeks. Contractor asks for a CO for 4 weeks and overhead and profit, and owner does not agree. There is a claim and so what will Architect do -

Explain owner to pay contractor claim
Provide no decision and go straight to mediation
Reject the claim
Approve the claim


Ballast picks going to mediation, since it is related to hazardous condition. I am confused, hazardous condition is taken care of per the contract procedute. Now the claim is regarding delay due to hazardous condition. Why can't architect still be IDM and decide?
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Re: Ballast question - correct answer

Postby bluelake » Mon May 02, 2016 7:12 pm

I actually made a flash card of this yesterday so it's fresh in my mind

The commentary for 10.3 A201 helps, it says Architect isn't IDM for claims arising from hazardous materials, Per section 15.2

In 15.2 It lists 10.3, 10.4, 11.3.9 and 11.3.10 as sections where Architect isn't IDM
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Re: Ballast question - correct answer

Postby aree2015 » Mon May 02, 2016 7:30 pm

Thanks bluelake. One more question
At the scheduled time for a bid opening, a contractor comes rushing into the room three minutes late with his bid. None of the bids have been opened yet. What should the architect do? Since none of the bids have been opened yet, ask the other bidders if they would object to accepting the late bid.

According to 701 any late bid is rejected correct.

when are you taking your test.
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Re: Ballast question - correct answer

Postby bluelake » Tue May 03, 2016 7:08 am

taking test saturday.

I'd imagine you reject bid.
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Re: Ballast question - correct answer

Postby hnQ_9999 » Thu Apr 06, 2017 2:53 pm

aree2015 wrote:Thanks bluelake. One more question
At the scheduled time for a bid opening, a contractor comes rushing into the room three minutes late with his bid. None of the bids have been opened yet. What should the architect do? Since none of the bids have been opened yet, ask the other bidders if they would object to accepting the late bid.
According to 701 any late bid is rejected correct.


Good question, and I remember this from Ballast.
Ballast said "ask the other bidders if they would object, and accept the bid if no one objects".
1) Unrealistic, no bidder would say "no objection", unless they are all stupid...They are all competitors.
2) Says, if no one objects, and if such late bidder wins the contract, other bidders will sure make claims.
3) In a regular bid date, Owner is always there. As an assistance to owner in bidding matters,
architect shouldn't actually doing the "accepting" or "asking bidder such question".
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