Podcast
Questions and Answers
Under what condition is Investor Member consent NOT required for change orders on approved project plans?
Under what condition is Investor Member consent NOT required for change orders on approved project plans?
- If the change order doesn't diminish construction quality, and the total extension to the completion date is less than 60 days.
- If an individual change is for an amount not over $50,000, total changes are under $150,000, with no material diminishment in construction, and delays less than 30 days. (correct)
- If the change order is directly requested by a regulatory body and does not affect the budget.
- If each individual change order is below $75,000 and all combined changes are under $200,000.
What is the maximum aggregate amount of change orders permitted without Investor Member consent, assuming all other conditions are met?
What is the maximum aggregate amount of change orders permitted without Investor Member consent, assuming all other conditions are met?
- $25,000
- $50,000
- $150,000 (correct)
- $100,000
How would a change order impacting construction materials, but under $50,000, be handled?
How would a change order impacting construction materials, but under $50,000, be handled?
- It needs approval from the project manager but not necessarily the Investor Member.
- It can automatically proceed as the cost is below the threshold.
- It requires Investor Member consent due to the impact on construction materials. (correct)
- It is permissible if it improves the energy efficiency of the project.
If multiple change orders cumulatively extend the project completion date by 45 days, what action is required?
If multiple change orders cumulatively extend the project completion date by 45 days, what action is required?
A $40,000 change order and a $20,000 change order have already been approved. What is the maximum additional amount for a change order that can be approved without Investor Member consent, assuming all other conditions are met?
A $40,000 change order and a $20,000 change order have already been approved. What is the maximum additional amount for a change order that can be approved without Investor Member consent, assuming all other conditions are met?
Which scenario necessitates obtaining consent from the Investor Member for change orders?
Which scenario necessitates obtaining consent from the Investor Member for change orders?
What aspect of the Plans and Specifications is most protected against alterations without the Investor Member's explicit approval?
What aspect of the Plans and Specifications is most protected against alterations without the Investor Member's explicit approval?
Which change order would always require Investor Member consent?
Which change order would always require Investor Member consent?
How does the need for Investor Member approval shift as the cumulative value of change orders approaches $150,000?
How does the need for Investor Member approval shift as the cumulative value of change orders approaches $150,000?
In the context of the Project Property, what constitutes a 'material diminishment'?
In the context of the Project Property, what constitutes a 'material diminishment'?
What happens if a change order, permissible under the financial thresholds, inadvertently causes a material diminishment?
What happens if a change order, permissible under the financial thresholds, inadvertently causes a material diminishment?
A change order alters the Construction Completion date. How is the permissible delay calculated for the purpose of needing Investor consent?
A change order alters the Construction Completion date. How is the permissible delay calculated for the purpose of needing Investor consent?
Assuming the conditions are met to proceed without Investor Member consent, who is responsible for determining whether a proposed change order constitutes a 'material diminishment'?
Assuming the conditions are met to proceed without Investor Member consent, who is responsible for determining whether a proposed change order constitutes a 'material diminishment'?
Which of the following does NOT influence the necessity for Investor Member consent on project change orders?
Which of the following does NOT influence the necessity for Investor Member consent on project change orders?
What is the likely intended purpose of requiring Investor Member consent for significant project changes?
What is the likely intended purpose of requiring Investor Member consent for significant project changes?
What is a potential consequence of neglecting to obtain Investor Member consent when required?
What is a potential consequence of neglecting to obtain Investor Member consent when required?
In the long run, what benefit does the Investor Member derive from maintaining control over substantial project change orders?
In the long run, what benefit does the Investor Member derive from maintaining control over substantial project change orders?
Why would a project include a clause specifying the limits on change orders without Investor Member consent?
Why would a project include a clause specifying the limits on change orders without Investor Member consent?
Under what circumstances could a change order exceeding $50,000 NOT require direct Investor Member approval?
Under what circumstances could a change order exceeding $50,000 NOT require direct Investor Member approval?
Considering typical real estate development risks, which risk is best mitigated by the change order consent clause?
Considering typical real estate development risks, which risk is best mitigated by the change order consent clause?
A change order involves substituting a specified brand of appliance with a functionally equivalent but lesser-known brand. How would this be assessed?
A change order involves substituting a specified brand of appliance with a functionally equivalent but lesser-known brand. How would this be assessed?
A project is nearing completion, with only minor landscaping left. A late change order proposes a significant alteration to the entrance design, costing $45,000. Prior changes totaled $140,000. How should this be handled?
A project is nearing completion, with only minor landscaping left. A late change order proposes a significant alteration to the entrance design, costing $45,000. Prior changes totaled $140,000. How should this be handled?
After several change orders, costs have increased, but the Construction Completion date is still on schedule. Which aspect still warrants careful evaluation regarding Investor Member consent?
After several change orders, costs have increased, but the Construction Completion date is still on schedule. Which aspect still warrants careful evaluation regarding Investor Member consent?
Insanely Difficult: A change order is proposed that would reduce long-term maintenance costs significantly but requires using a novel construction technique not originally specified, and increases the risk of a 6-month delay should the technique fail after 2 years of installation. The cost is $35,000, and cumulative changes are at $120,000. How would this be analyzed?
Insanely Difficult: A change order is proposed that would reduce long-term maintenance costs significantly but requires using a novel construction technique not originally specified, and increases the risk of a 6-month delay should the technique fail after 2 years of installation. The cost is $35,000, and cumulative changes are at $120,000. How would this be analyzed?
Insanely Difficult: Imagine a scenario where a local ordinance mandates a specific fire-resistant material that wasn't in the original plans but enhances safety beyond initial specifications, raising costs by $60,000 but is offset via savings in another part of the plan to be $30,000. Cumulative costs are initially at $140,000, making cumulative costs at $170,000 now. The new material extends project completion initially by only a week, then by another 3 weeks due to the increased cumulative costs. Is Investor Member consent needed?
Insanely Difficult: Imagine a scenario where a local ordinance mandates a specific fire-resistant material that wasn't in the original plans but enhances safety beyond initial specifications, raising costs by $60,000 but is offset via savings in another part of the plan to be $30,000. Cumulative costs are initially at $140,000, making cumulative costs at $170,000 now. The new material extends project completion initially by only a week, then by another 3 weeks due to the increased cumulative costs. Is Investor Member consent needed?
Flashcards
Change Orders
Change Orders
Modifications or alterations to the original building blueprint during the project.
Construction Completion Date
Construction Completion Date
The date when building is expected to be finalized.
Change Order Approval
Change Order Approval
The Investor Member must approve change orders unless they meet specific criteria.
Individual Change Limit
Individual Change Limit
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Material Diminishment
Material Diminishment
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Completion Delay Limit
Completion Delay Limit
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Study Notes
- Change orders for the approved Plans and Specifications for the Project Property before the Construction Completion Date are allowed only with the Investor Member's consent.
- An exception exists if all conditions are satisfied:
- Individual change does not exceed $50,000.
- Cumulative change orders do not exceed $150,000.
- The change order does not cause a material diminishment in approved construction materials or methods.
- The change order, combined with prior changes, does not extend the initial scheduled Construction Completion date by more than 30 days.
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Description
This content outlines the conditions under which change orders are permitted for construction projects. It specifies financial limits and restrictions related to material diminishment and project completion delays. Investor consent is needed unless specific criteria are met.