Written Notice to Corporation

A document generally may be delivered to the association by personal delivery or first-class mail. Delivery of documents to the association by email is not permitted unless the association has consented to this form of delivery. Wherever any notice or other communication is required to be mailed by registered mail by or to any person or corporation, the mailing of such notice or other communication by certified mail shall be deemed to be a sufficient compliance with the requirements of law. Corporations Code Section 8. Effective 1/1/2014, if the law requires a document to be delivered to the association, the document shall be delivered to the person designated in the association’s annual policy statement. If no person has been designated to receive documents, the document shall be delivered to the president or secretary of the association.

Fiduciary Duty

Having a fiduciary duty to another involves being in a position of confidence and trust. A director owes a fiduciary responsibility to the association and to all of its members. The director’s personal needs and desires must be put aside in favor of the director acting in good faith and in the best interests of the association and the entire membership. See Corp. Code section 7231 and Civil Code section 5800.

AIA Contract Documents

The American Institute of Architects (“AIA”) publishes more than 120 contracts and administrative forms that are recognized throughout the design and construction industry as documents for managing transactions and relationships involved in construction projects. AIA documents are grouped by family and by series. Documents in the same family are coordinated to tie together the various legal and working relationships on the same project types or delivery methods. They are linked by common terminology and procedures and may also adopt one another by reference. Documents in each series reflect the purpose of the document. For example, owner/contractor agreements are found in the A series.

Construction Schedule

A construction schedule is a time-based plan to construct a project. The two most common types of construction schedules are bar chart schedules and CPM (critical path method) schedules. The ideal baseline or as-planned schedule is the earliest complete and approved project schedule. The critical path determines the project’s completion date, and represents the longest continuous sequence of work. This is the sequence of work that must be progressed to avoid delays to the project completion date. A critical path exists on almost every project, and is dynamic and can change throughout the course of the project. Impacts to the critical path can result in a project delay.

Cost Plus Contracts

Cost Plus construction contracts call for the owner to pay the actual cost of the work plus a negotiated fee to the contractor, which fee may be either a fixed amount or some percentage of the contractor’s cost. Cost plus contracts are typically used on projects where the scope of work is not fully known or completed, or where certain facets of the work are uncertain. It is imperative that a cost plus contract clearly define all items to be included as costs. The cost plus contract with a guaranteed maximum price (“GMP”) is almost identical to the cost plus contract except that in the cost plus with a GMP, the contractor commits to complete the scope of work for an amount not to exceed the guaranteed maximum price, thereby shifting the risk of excess construction costs to the contractor.