Any legal mind in the house ?

Any legal mind in the house ?

Postby hnQ_9999 » Sun Mar 26, 2017 1:32 pm

Hello, 11.3.7 said Owner and GC waive all claims to Arch, Eng, Sub, Sup and each other
for damage from property loss/fire "up to the extent covered by insurance(s)".
So, if for some reason, the property insurance only cover up to equipments,
but not car/truck parked on site.

a) Then in the case of fire, Architect can file a claim against either or both Owner, GC
or the insurer for his burned Convertible Mercedes parked on site ?
OR
b) He does nothing, but claims to his Geico instead. Geico can pay Architect and turn around
suing against either or both Owner, GC or the insurer ?
c) 11.3.7 said Owner and GC waive claims against EACH OTHER...That has nothing to do
with everyone elses, because they don't sign A201. So if Sub lost his machines, tools due to a fire/theft
he can either sue Owner or GC, or file claim to his own insurer, and this insurer can in turn sue
GC or Owner ? The same is true for Architect with his car, but NOT for GC and GC's car ?

A "yes" or "no" answer would help. Thx
(I realize (b) has nothing to do with A201, but just want to know).
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Re: Any legal mind in the house ?

Postby Coach » Sun Mar 26, 2017 5:29 pm

Research "waiver of subrogation".
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Re: Any legal mind in the house ?

Postby hnQ_9999 » Tue Mar 28, 2017 4:53 pm

You know Coach, what I learned from here and there is that having generic knowledge
of A201 won't make it thru CSE. The questions in the test always have some twists/turns
or specific conditions that require a little more comprehension than common sense
or Wiki knowledge.
I used to stop my curiosity and satisfied w/ explanations from Doucett, Woo, Ballast, etc
at the surface, and kept failing the test. It's no more...
Now I learned that Surogation has a ceiling, same to Indemnification or Bonds or Insurances.

Thanks Coach, will have more questions posted as I go...
Last edited by hnQ_9999 on Tue Apr 04, 2017 11:10 pm, edited 1 time in total.
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Re: Any legal mind in the house ?

Postby standard » Sun Apr 02, 2017 11:44 pm

I would agree that you need to have more than a generic knowledge of the main AIA contracts. You need to understand the main princples in those documents - and how they define the Architect's role.

Not passing the CSE on several attempts demonstrates either a flawed approach to studying and/or test-taking skills that need improvement. Try to find ways to improve in both areas. Like in sports training - don't just practice the same old bad habits. This test is not super difficult.
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Re: Any legal mind in the house ?

Postby hnQ_9999 » Mon Apr 03, 2017 11:08 am

standard wrote:...Not passing the CSE on several attempts demonstrates either a flawed approach to studying and/or test-taking skills that need improvement. ...This test is not super difficult.

I agree with you, this test is not hard (I did take it, finally), but it has flaws:
1) Repetition of ARE, mostly (compared to ARE) .
2) Time constrain (compared to ARE)
3) Poorly composed questions (compared to ARE; some sounds like Chen's questions).
Everyone at this stage of life has been thru college(s), maybe Ivy league, and 7 or 9 ARE tests, what test skills are you talking about, may I ask, of course you didn't mean cheating ? The variety of test study materials are limited and focused, what other approach one wishes to have, to mention flawed approach ? I wouldn't judge people base on their questions, be it "philosophical", trivia or "minutia". Maybe they just wanted to get rid of what clogging their mind, but we instead think "he wants to clog his mind". For whoever passed it, we appreciate your pointers, advice, etc...but as in life, luck is always a factor, small for some, big for others. I do not think any registered architect, even Woo, Doucett, Ballast nor test writers would willing to take it again. I have read all of your 29 posts prior to this post, and found no answers to any question in particular, but rather motivational tune and "wisdom". I have posted lots of questions here, lets answer them...shall we ?
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Re: Any legal mind in the house ?

Postby standard » Mon Apr 03, 2017 6:40 pm

One potential study approach improvement would be to study to understand principles and the application of those.

By test taking skills I mean the actual process of dealing with standarized tests. Dealing with nervousness and focusing etc. Standardized tests are largely a test of reading comprehension.
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Re: Any legal mind in the house ?

Postby hnQ_9999 » Tue Apr 04, 2017 9:32 am

standard wrote:One potential study approach improvement would be to study to understand principles and the application of those.
... Standardized tests are largely a test of reading comprehension.


lol, I won't discuss further. Just suggest re-read what you wrote.
Allow me to remind you that test writers for CSE are not lawyers, they mostly architects like us.
They are not trained to write complete legal paragraphs, with sound conditional clauses
without misleading words nor misleading presumption, further more twist/turn it into
legged and honest questions. It's a tough job, I agree...Hence the poor
"writing comprehension" on their side...not "reading comprehension" on reader side.
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Re: Any legal mind in the house ?

Postby standard » Tue Apr 04, 2017 5:03 pm

Hope you pass the exam on the next attempt.
Last edited by standard on Thu Apr 06, 2017 11:16 pm, edited 1 time in total.
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Re: Any legal mind in the house ?

Postby hnQ_9999 » Tue Apr 04, 2017 10:22 pm

lol...thank you for thinking highly of me...
Last edited by hnQ_9999 on Fri Apr 07, 2017 3:06 pm, edited 2 times in total.
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