Ballast ARE 5 Review Manual Questions & BCI
I've been reviewing for CE and looking at the example questions Ballast ARE 5 Review Manual has. and would like to get your thoughts on a couple of them, since I'm not sure why?
Example 50.3 - Which of the following is the contractor NOT solely responsible for?
- A) field reports to the owner
- B) selection of subcontractors
- C) scaffolding
- D) reviewing claims of subcontractors
Ballast says the answer is C.
However, i'm thinking why the contractor is NOT responsible for the scaffolding? isn't scaffolding is part of the means and methods of construction? does the 'solely' means something?
Example 51.1 - The punch list is created and maintained by the?
- A) Architect
- B) authority having jurisdiction
- C) Contractor
- D Owner
Ballast says the answer is A.
But from what I'm learning from Schiff Hardin Lectures/A201, it was the contractor who creates the punch list and they submit it along their request for substantial completion. Then the architect reviews it and add more if she/he sees more items.
Any thoughts?
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soley means only contractor and not other person (like architect, attorney, ....)
claims of subs (attorney can review)
field report to owner (architect does too)
selection of subs (sometimes architect and owner dont like a specific sub and give their input to contractor)
scaffolding is 100% related to contractor only
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Example 50.3: the correct answer is A) field reports to owner
Note: the answer stated as "C) Scaffolding" is a typo which appears on earlier publications of Ballast and has been updated since.
Edit: Scaffolding is part of the means of construction, which is the contractor's responsibility. Field Reports are the responsibility of the architect. Selection of subcontractors is subject to the approval of both the architect and the owner. If a subcontractor makes a claim to the contractor, the contractor in turn makes a claim to the owner that is reviewed by the architect.
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I've also noticed the error in Example 51-1. Correct answer should be
C) ContractorA201_General Conditions for the Contract for Construction
§ 9.8 Substantial Completion
§ 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents.
§ 9.8.3 Upon receipt of the Contractor's list, the Architect will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the Architect's inspection discloses any item, whether or not included on the Contractor's list, which is not sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Architect. In such case, the Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion.A295_General Conditions of the Contract for IPD
ARTICLE 10 CLOSEOUT PHASE
§ 10.1 PROJECT COMPLETION
§ 10.1.3 The Architect's inspections shall be conducted with the Owner to check conformance of the Work with the requirements of the GMP Documents and to verify the accuracy and completeness of the list submitted by the Contractor of Work to be completed or corrected.
§ 10.1.4 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the GMP Documents.
§ 10.1.5 Upon receipt of the Contractor's list, the Architect will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the Architect's inspection discloses any item, whether or not included on the Contractor's list, which is not sufficiently complete in accordance with the GMP Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Architect. In such case, the Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion.
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