Can I eSign Florida Applicant Appraisal Form Evaluation

Can i document type e sign applicant appraisal form evaluation florida

section we're going to cover is AIA contracts and just like the accounting AIA contracts assume that you understand contract law so first of all you've got to get the big picture on contract law then we come back to the AIA contracts some of the contracts we have that you're going to need to know is the a201 AIA contract you're gonna need that one the 401 contract the 701 contract the application for payment this is one you're gonna like a lot this is your application for payment and this is your release of lien whenever you finish a job you need to give somebody a release of lien when they pay you off so that you're guaranteeing them that no one can come back and sue them for money so you're going to need the release of lien this is very important when anything changes you get a change order get it in writing get it signed because while you're doing the job they'll agree to anything when the jobs over not going to want to pay for it all change orders need to be in writing okay these are your AIA contracts that you need to be familiar with you need to know these little books backwards forwards sideways they're going to ask you about 28 questions out of this that's nearly 25% of all the questions you're going to answer on the second half of the first day and the first half of the second day are going to come out of these little booklets right here all right we're gonna we're going to cover contract law this is the big picture it's sort of the background information you're required to know so that you can understand the AIA contracts so contract law we have the essentials of an offer an offer must be communicated to the offeree both parties must manifest an intent to agree the offer must be explicit essential elements of a contract there must be mutual consent consideration legality and capacity types of a contract you have Express contracts all parties to the contract have ana Festa their agreement orally or in writing you have implied contracts a contract can be discerned by the actions of both parties but has not been put into words you have bilateral contracts two types of contracts that one is bilateral is a contract in which both parties exchange promises to do something these are considered and contracts you do this and I will do that then you have the unilateral contract this is a one-way contract this is one where the parties make an offer to the other party but the second parties not obliged to take the offer these are if/then contracts if you do this then I will do that an executed contract all parties to the contract have performed on their promises an executory contract is one that is yet to be performed one or more parties to the contract have made one or more promises as yet to perform revoking an offer a bilateral contract can be revoked any time before the offer is accepted a unilateral offer cannot be revoked for a reasonable amount of time once the party has begun to work or perform on the contract statute of frauds certain types of contracts must be in writing contracts for over 500 dollars must be in writing contracts that transfer real property real estate contracts for more than one year must be in writing a valid contract a valid contract is one that meets the three requirements of a contract a void contract is one that does not meet the three requirements of a contract bids bids are not contracts the bid is an offer okay a bid is generally good for 30 days unless a different time period is defined acceptance of the bid must be clear must be obvious acceptance of bids a bid must be accepted as is with no modification any changes to a bid constitutes a counteroffer bid shopping bid shopping is common bid shopping is illegal on government contracts to stop bid shopping a provision of the bid can state that the use of the bid to obtain other bids constitutes acceptance of the bid you can try it probably won't work but this is what is suggested in the contractor's manual and I'll pull that out in a minute the AIA forms as I've already stated you have the AIA 101 which is the stipulated some agreement you have AIA 201 which is general conditions of the contract what this is is between the owner and the Builder 401 is between the contractor and subcontractor 701 is instructions to bidders it tells them what they have to do and the time schedules for performing on the bid G 701 is your change order G 706 is a release of lien and the G 702 is an application for payment you you either want to have these handy with you you need to have these on the exam with you but they might ask you something like what is the g7o to use for or what does the G 706 do the AIA 201 contract is your main contract it's the owner contractor agreement and it calls for the successful bidder to submit a list of subcontractors for approval okay so we're going to go down through 14 sections that are covered in Walker's the AIA 201 defines the documents the work that's to be done the project the correlation the intent and the interpretations of the contract so this section 1 defines the overall content of what you're going to do and what the intent of this contract is section 2 of the contract defines the architect as the administrator there are other words he's sort of like the referee between the own in the Builder section three defines the owner who the owner is and what the owners rights and responsibilities are within this contract section four defines the contractor who he is his duties what he needs to supervise the nature of the construction and all the labor and materials that he's going to be required to provide it defines any warranties he's going to provide as well as the taxes permits fees notices cash allowances progress schedules and drawings that must be kept on the jobsite so it defines what the jobs going to be and how he or she is supposed to do it section five defines the subcontractors who they are how they're supposed to be hired and dealt with and how they're supposed to be controlled by the contractor Section six sets forth to owners rights section seven are miscellaneous provisions section eight defines the contract time section nine discusses payments and completion sums section ten covers protection of persons and property section eleven insurance requirements for the job what insurance you're required to have in any bonding 12 includes change orders how change orders are to be dealt with within this contract what you have to do to get a valid change order 13 acceptance of defective and non-conforming work what if something happens and it's not according to the specifications well that's what section 13 says how do we deal with defective work and how do we deal with non-conforming work section 14 is termination of the contract if something goes wrong with either party what are the rules we play under in order to terminate this contract okay and so that's the basic overview of a aia 201 AIA 201 is sort of like your master document that you're dealing with this is between the contrary and the property owner the person you're building from and the architect is considered to be the referee so that if there are any points of confusion you go to the architect you ask them okay clarify this if anything goes wrong typically the architect works as the arbitrator on the AIA contracts there are sections in these contracts that come up on almost every exam anybody takes in other words there's core information that they just expect you to know okay so we're gonna go down through that it may not make sense to you until you've read the contracts yourself and - and then you say okay I get it but I'm just going to go through and review parts of the contract that come up regularly okay and the exam questions okay such as section one point six ownership and use of the drawing specifications other services the contractor may keep one set of drawings for his records but the architect shall remain all rights to the drawings and all other copies of the instruments drawings and specifications shall be returned to the architect so what they're saying is the architect who drew this put the put the whole project together the drawings and specifications are his they don't pass to the owner or to the contractor and the contract are supposed to give him back everything except he can keep one copy for his records section two two three the owner shall furnish surveys describing the physical characteristics legal limitations and utility locations for the site of the project and a legal description of the site so this is what the owner of the property has to give to the contractor as the furnishing with surveys legal limitations utility locations and a legal description of the site 2.41 owner's rights to carry out the work if the contractor defaults or neglects to carry out the work in accordance with the contract documents and fails within seven-day period after receipt of written notice from owner to commence and continue correction of such default or neglect with it within diligence and promptness the owner may after such seven-day period give the contractor a second written notice to correct such deficiencies within a three-day period if the contractor within a three-day period after receipt of such second notice fails to commence and continue to correct any deficiencies the owner may without prejudice to any other remedies to the owner correct such deficiencies the owner can come in and start making repairs to the contract site if they they have given the contractor proper notice section 321 if a contractor discovers any errors inconsistencies or emissions discovered by the contractor shall promptly report these to the architect as a request for information in such a form as the architect may require so if you find anything wrong on the project you're required to bring it to the attention of the architect 3 3 2 the contractor shall be responsible to the owner for acts and emissions of the contractors employees subcontractors and their agents and employees and other persons or entities performing portions of the work for or on behalf of the contractor or any of his subcontractors so in other words whatever happens on that job site the contractor is responsible for you can't say Oh subcontractor messed up doesn't matter contractors still responsible 343 the contractor shall enforce strict discipline and good order among the contractors employees and subcontractors three point seven point one permits and fees the contractor shall secure and pay for the building permit and other permits and governmental fees licenses and inspections necessary for proper execution and completion of the work which are customarily secured after execution of a contract that's a question that comes up continually who has to pay building permits governmental fees licenses and inspections 3.73 it is not the contractors responsibility to ascertain that the contract documents are in accordance with applicable laws statues ordinances building codes and rules and regulation that's the architects job 3.81 allowances allowances comes up quite often on the exam the contractor shall include in the contract some all allowances stated in the contract documents items covered by allowances shall be supplied for such amounts and by such persons or entities as they own majorette 3.11 one documents and samples at the site the contractor shall maintain at the site for the owner one record copy of the drawing specifications addenda change orders and other modifications in good order and marked currently to record field changes and selections made during construction one record copy of approved shop drawings product data samples and similar required submittals shall also be on the property three point twelve point one shop drawings shop drawings our drawings design schedules and other data specifically prepared for the work by the contractor or a subcontractor or a sub subcontractor manufacturer supplier or distributor to illustrate some portion of the work typical question who can do shock drawings boom you come to three point twelve point one and it defines who can do short drawings three point twelve point seven the contractor shall perform no portion of the work for which the contract documents require submitting and review of shop drawings product data samples or similar submittals until the respective submittals have been approved by the architect three point twelve point eight the work shall be in accordance with approved submittals except that the contractor shall not be relieved of responsibility for deviations from requirements of the contract documents by the architects approval of shop drawings product data samples or similar submittals unless the contractor has specifically informed the architect in writing of such deviation at the time of some middle 3.13 one the contractor shall confine operations at the site to areas permitted by law ordinances permits and the contract documents and shall not unnecessarily encumber the site with materials or equipment 9 3 2 unless otherwise provided in the contract documents payments shall be made on account of materials and equipment delivered and suitably stored at the site for the subsequent incorporation into the world 933 the contractor warrants that the title to all work covered by an application for payment will pass to the owner no later than the time of payment the work will be free and clear of liens claims security interest or encumbrances in favor of the of the contractor subcontractor material supplier or other persons that's about the end of a ia 201 you need to read through it continually get to know this little document backwards and forwards and highlight all these sections that I've written down here they're going to ask you like I said about 28 questions out of these little books so the better you know your AIA contracts you know you can pick up 28 questions out of here AIA document a 401 standard agreement form between the contractor and the subcontractor let's review some of the important elements of this the 401 document as I said is between the contractor and the subcontractor contract agreement the important element is that the final payment shall be due when the work is completed satisfactorily to the architect and the owner not just to the contractor you have to make sure the architect and the owner are happy with the subcontractors work the subcontractor shall not assign or subcontract the work without the written consent of the con tractor so a subcontractor cannot hire subcontractors without first getting written consent to do so subcontractors shall report through the contractor within three days the injury of any of the subcontractors employees on the site I've got three days to report any injuries the subcontractor is not paid by the contractor through no fault of the subcontractor within seven days of the time in which the payment should have been made the subcontractor may give seven days written notice to the contractor to stop work until the amount has been paid so a contractor can stop work after 14 days seven days plus seven days unless otherwise provided in the contract document the contractor shall pay the subcontractor each progress payment and the final payment under the subcontract within three working days after the contractor receives any payment from the owner back charges if the subcontractor defaults or neglects to carry out the work in accordance with this agreement or fails within seven days of receiving a written notice from the contractor to commence or continue corrections of such default or neglect with diligence and promise the contractor may after giving seven days from receipt by the subcontractor of any written notice and without prejudice to any other remedy he may have such deficiencies made good and may deduct the cost of those repairs from the money owed to the subcontractor in these contracts time is considered to be of the essence within 30 days of the architect issuing a certificate for payment covering the substantially completed work the contractor shall within the extent of the documents make payments to the subcontractor the entire unpaid balance of the contract sum or of that portion of the contracts some contributed to the substantially completed work after a payment is due the subcontractor th subcontractor is entitled to the payment plus interest so if a subcontractor doesn't get paid in time entitled to the money's due plus interest before issuance a payment to the subcontractor by the contractor the subcontractor shall be required to submit evidence of all bills having been paid so he's going to need waivers of lanes or paid receipts subcontractors ability to assign his portion of the subcontract is permissible within written consent from the contractor permit for subcontractors shall be the responsibility of the subcontractor for payment so any subcontractor permits that are required to be pulled such as plumbing the subcontractor is going to have to pull air conditioning plumbing stuff like that the contractor shall provide the subcontractor with a copy of the estimated progress schedule of the entire project job so he knows when his works supposed to be done contractor shall notify the subcontractor of all modifications of the contract properly if the work has stopped for a period of 60 days through no fault of the subcontractor because the contractor has not made a payment to the subcontractor the subcontractor may in writing give seven additional days notice and then terminate this contract the subcontractor agrees that all aesthetic work shall be done subject to the final approval of the architect