(I hope I am not bringing up a tired old topic, previously discussed ad nauseam)
per Merriam Webster
administer: 1. Manage, superintend; 4. to perform the office of administrator.
administration: 1. the act or process of administering; 2. Management
The Architect has a lot of duties and responsibilities during the construction phase, and those are spelled out in the General Conditions. But it seems to me that administration as I understand the meaning of that word - isnt one of our construction phase duties.
Do we use the term (contract) administration because we think its the right word? Or is simply because we havent thought of a better one? Perhaps the term “administration” would be more onerous if we weren’t so well protected by the definition in A201 of our scope of duties and responsibilites.
It’s actually in A201…Article 4 to be exact, which is entitled “Administration of the Contract”…and directly below that is Section 4.1 entitled “Architect.” By that association, the architect IS the administrator of the Contract.
Ive been told that in a recent liability seminar/webinar, the presenting lawyers said that the phrase Contract Administration is now considered to be at least as dangerous as Construction Administration and should no longer be used. It was implied that the new versions of AIA documents will now include the term Construction Observation and that we should change all references to match.
I realize the danger in feeling safely hidden behind terminology but apparently weve got to do what our attorneys tell us to do. I would like to be assured though that the rumored preferred terminology is in fact accurate before we change our Contract Language and a bunch of our business cards.
Does anyone have an inside track to the AIA Documents committee to confirm or refute this terminology change?
Maybe we should change the CCCA designation to a Certified Construction Contract Observor too.
Until the revised AIA A201 is actually used on one of your projects, regardless of wheter it is issued or not, it has to do with what is actually used, you are legally married to the terminology of Contract Administration no matter what you say elsewhere, unless you issue a supplementary general conditions article modifying the A201 language. It won’t matter much at all what the lawyers say as long as your are under the existing A201 unmodified because there it specifically identifies your duties as the Contract Administrator.
Yes WIlliam, I understand that. Many times we deal with non-standard AIA documents so it may not be an issue of which version is applicable.
I’m simply trying to find out if anyone has any information about what the new documents are going to say when they do get issued.
We’ll observe the construction, but then the lawyers must handle the RFIs, COs, ASIs, progress meeting minutes, pay applications, submittal reviews, disputes, etc. etc. etc.
So, all the administrative activities represented in Ron Geren’s list will be handled by the construction manager or the owner’s representative and not the architect? And this will reduce the architect’s liability by having decisions made by other than the design professionals of record?
From experience as a CCCA, the amount of trouble that the architect’s “contract administrator” avoids for the architect is certainly worth the risk from being involved during construction.
What exactly is the risk from administration of the contract? Does someone believe that the architect will still not be involved in RFIs, construction change directives, change orders, payment applications and contract closeout? Will changing terminology avoid responsibility and risk?
I don’t think a shift is services is what is anticipated, only a shift in terminology. Just like using “no exceptions” instead of “approved.” Driven by the attorneys, but made little difference in what we did.
quote:…apparently weve got to do what our attorneys tell us to do.
Why? It seems that at least half of all attorney’s lose. These are the advisor’s we are following? I am all for soliciting advice, but I am slow to adopt it.