I thought b was the answer, too. Even though there is oral communication between the Contractor and the Architect on a daily basis, the complete procedure is to document any oral communication.
1 Like
thatâs a very deceptive question
Hi @clifford.marvin,
Yes it is! Sorry we didnât get a chance to address your question during the recording, Iâll see if we can get one of our experts here in the thread to chime in.
also the phrase âthe Contractorâ implies to me the GC, not a sub
I think all the answers are subjective and an argument could be made why each is right or wrong. In the case of Option B, the second part is what makes it false. The question wouldnât necessarily go through the Owner, such as an RFI which is directed to the Architect. The Architect functions as an agent of the Owner and would directly answer questions from the Contractor, however through formal means such as an RFI.
1 Like
Iâve been taking this âexpletive deletedâ test since 1989. I passed the 7 multiple choice exams out of the 9 total exams at the time, took two more tries to pass Site Design (6 hours) and failed Building Design (12 godforsaken hours) 7 times. I lost my grandfathering and had to start over four years ago. This test is the bane of my existence.
2 Likes
thank you for getting me a response
I havenât either, fortunately, but I was recruited to do some work for free while in school. Some states (Colorado being one) have made it illegal for interns to work for free in the field of architecture. Iâd be curious to know how many states have similar legislation.
I think whatâs more common than not paying interns outright is firms expecting employees to work long hours without additional compensation. Iâve witnessed employees (particularly at small firms, or on small teams) playing the âwhoâs going to leave firstâ game, where no one wants to be the first person to leave the office and âlook badâ in front of leadership. This usually culminates in working 9-10 hour days, while only getting paid for 8 hours.
1 Like
Youâve touched upon a major frustration in these exams. NCARB likes to test in an âUtopian environmentâ, when generally practice takes many different routes. Half the battle is learning how to think like NCARB does, you got this!
1 Like
@repsaj, @joeh, @clifford.marvin. @dollpjtay . Iâve reviewed the question, and agree that it wasnât phrased very well. I would expect the answer choices to be phrased differently on the exam. I also donât think answer choice âCâ is correct, as protocol for answering a contractorâs question would be the same regardless of project timeline. To me, the question is referring to an informal RFI. Regardless of design phase, if a contractor contacts an architect asking for information, itâs a request for information. That said, see below for how I would approach this question:
First, weâd check contracts to see if thereâs any language on how to field RFIs. Because this is an NCARB exam, weâll need to refer to the A201-2017 for language on RFIs. From section 3.2.2 of A201-2017:
ââŚthe Contractor shall promptly report to the Architect any errors, inconsistencies or omissions discovered by or made known to the Contractor as a request for information in such form as the Architect may require.â
This eliminates answer choice b, as the agreement states the Contractor will directly contact the Architect with RFIs. Looking at the other two reasonable options (weâve already tossed answer choice d), I notice neither answer contains extremist wording (never/always), which leaves both answer choices plausible. To finish answering the question, we need to return to the A201-2017, section 4.2.14:
âThe Arhitect will review and response to requests for information about the Contractract Documents. The Architectâs response to such requests will be made in writin within any time limits agreed uponâŚâ
Because of the wording of the answer choice and the wording of the contract, this narrowly exclude answer choice a. The verbiage of the question is enough to infer that the architect would be responding to the contractor on the phone, instead of in writing as specified in the agreement.
This leaves us with answer choice âcâ. Without hearing the recording, I canât speak to the reasoning given for this answer choice, but I donât necessarily agree with it. On the exam itself I would expect the answer choices to be clearer with language taken from the contracts. Those who challenged this question are on the right track; youâre thinking through the answer choices and have valid reasoning for pushing back against the right answer. I think that shows the critical thinking necessary for passing these exams.
1 Like
I have to agree that c is the correct choice since both a and b are not in perfect alignment with the contract languageâŚprocess of elimination.
When I worked as an instructor for Stanley Kaplan helping kids get high scores on the SAT, I learned a lot of multiple choice testing strategies that help me greatly in these types of exams.
2 Likes
Yes. Supplemental services are included in the B101-2017 agreement before it is signed, whereas additional services are not. For example:
An architect includes SD and DD drawings as part of their basic services, and offers renderings and marketing materials as supplemental services. This lets the client know they can request these from the architect for a certain cost, but arenât required for the architect to complete their work.
An additional service might result from working with an inexperienced contractor, which pushes the architect overbudget due to numerous RFIs. In this instance, the architect would submit a bill for âadditional servicesâ to the owner, as this cost wasnât accounted for in the contract.
1 Like
I totally feel your frustration here. These tests can be like gum on a shoe. Have you considered talking to one of the ARE consultants? Itâs free with a black spectacles membership and offers a chance to talk with someone whoâs experienced the frustration of taking the exams multiple times. The consultation includes reviewing personal studying and testing strategies from micro to macro scales.
I know these can feel like the WORST (I failed 3 exams myself), but you got this. The 5.0 divisions take some strategy, but once youâre in a rhythm, I think youâll find theyâre more straightforward than some of the earlier series. Keep at it!
1 Like
Thatâs an interesting question, as it pits ethics against the contract. In this situation, I would suggest the following:
As an architect, if you observe what you feel are unsafe conditions on site, document the conditions and send written notification to the Owner. It is our duty as architects to protect health, safety and welfare, but we donât want to be liable for the safety of a site. By documenting the conditions and giving this information to the owner, weâve passed the responsibility of knowledge to another party, who is then responsible for alerting the contractor/superintendent. This will uphold your contractural agreement per A201-2017 and B101-2017 and still fulfill your ethical duty.
Unfortunately, if we speak to the superintendent or contractor immediately about the safety concern, weâre asserting means and methods, which could break our contractual agreement and leave us liable for any resulting issues.
1 Like
For Question 4 f. The Client is allowed to move in.
I thought the client should get the Certificate of Occupancy from the local Building Department before being allowed to move in even though the Architect claims that the project is at âSubstantial Completionâ. Any thoughts on that? Thank you!
1 Like
You are correct that the Building Department provides the Certificate of Occupancy (C.O.), but usually a Building Department requires a Certificate of Substantial Completion before they will do so. This designation of âsubstantially completeâ triggers the Building Department to consider issuing the C.O.
2 Likes
Thank you @marcteer!
What about d. the punch list must be finished?
Based on A201-2017 9.8.3, Upon receipt of the Contractorâs punch list, the Architect will make an inspection to determine whether the Work is substantially complete or not.
Does that mean the punch list must be finished before the Architect claims that the project is at âSubstantial Completionâ?
Best,
Haifeng
1 Like
hey @hliu18; good question. The punch list is part of what determines substantial and final completion. The contractor will give the architect a punch list to determine if the majority of the work has been completed, to the point where the building can safely function as itâs intended to (substantial completion). It is common to have items left on the punch list when substantial completion is met, as the owner typically wants to occupy the building as quickly as possible.
Typical items left over on a punch list between substantial and final completion are: removal of any extraneous materials (think cardboard boxes, not pieces of the building), touching up paint, angling light fixtures, replacement of any broken items (ceiling tiles, light switch panels), and replacement of any finishes that donât align with the contract documents (diffusers, hardware).
At final completion, the architect will make another inspection of the space to ensure all punch list items have been completed. Typically, the punch list is marked âfinishedâ when final completion is granted.
1 Like
Hi @cat.heard9, Thank you for your very thorough explanation.
I think I misunderstood the d The punch list must be finished option
Here it actually means the items on the punch list must be finished right? which is definitely a wrong option.
But if we change the option to the punch list itself must be finished and provided to the Architect when the Architect claims the substantial completion of the building, which should be a correct option then, right?
Best,
Haifeng
Hmm. Thatâs a good follow up question. I see what you were interpreting. I went back and read over the A201-2017 section 9.8 a few times, and I think youâre correct.
According to the A201-2017 9.8.4 âthe Architect will prepare a Certificate of Substantial CompletionâŚestablish responsibilities of the Owner and ContractorâŚand fix the time within which the Contractor shall finish all items on the list accompanying the Certificate.â
To me, it is reading like the Contractor will be contractually obliged to fix only the items outlined in the punch list (or other work outlined in the original contract documents that hasnât been met), and that list is supposed to be furnished when the Architect issues substantial completion.
So, yes, it would seem the punch list needs to be completed (as in written and ready to distribute) at Substantial Completion. Good catch! You have a critical eye for reading contracts â this will serve you well on the exams!