CE EXAM - Termination of Work

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carsonarchitect

July 28, 2020 01:40

May I please ask for a professional to explain for me the difference between AIA A201 Article 14.1.1 and 14.1.4?

14.1.1 - GC may terminate after 30-consecutive days...

14.1.4 - GC may terminate after 60-consecutive days...

My readings are just, for I am MORE SPECIFICALLY seeking someone's thoughts on if they are going to ask specificity type question as such:

How many days after not getting paid can GC terminate the contact? 30 or 60

How many days after not getting paid can GC stop the Work? 30 or 60

Seems really simple to me, to just give me the numbers to record to memory, and it shall be so, so I can move forward.  However, my spidey senses tell me that they will ask this question, and I will deduce by the 50/50 rule and be left with A./ 30-DAYS, or B./60-DAYS, and my mind will probably spiral out of control over this one minutia, and I won't be able to finish the exam with confidence.

DOES THIS MAKE SENSE TO ANYONE! Thank you in advance!!!

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  carsonarchitect July 28, 2020 01:46

  To conclude:

   

   If no one shows up here, my GUESS would have to be: "GC CAN STOP WORK AFTER 30-CONSECUTIVE-DAYS"...

  AND..."CAN TERMINATE THE CONTRACT AFTER 60-CONSECUTIVE-DAYS that the work has been stopped. 

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  ADRIAN COLLADO TORRECILLA August 07, 2020 23:08

  You have to read it clearly : 

   

  30 consecutive days you might have a reason Contract states 4 of them:

  - Work stopped by court

  - Work stopped by act of government 

  - Owner didn't furnish information required by 2.2

  - Not certificate of payment issued by the architect without any explanations within the time established in the contract 

   

  After 60 consecutive days Contractor can stopped just due to time and without any other motives. 

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  carsonarchitect August 08, 2020 15:20

  You are correct with those 30-days of "stop work" by GC above. "; however, GC for NO reason can stop work or terminate contract "just due to time and without any other motives".

  ...GC can "terminate" contract if not paid by owner after 60-days of the date listed in the Contract Documents. Keep in mind, the GC MUST submit AIA A702 "Application and Certification for Payment" 10-days prior to that date listed in the Contract Document, and ARCH has 7-days to either:

  1./ approve

  2./ modify

  3./ reject (typically never rejects in order to keep construction moving forward)

  Hope this helps!

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