Statute of Repose vs. Statute of Limitations

Explaining the differences between the statute of repose and statute of limitations, with a free wallpaper download!

*This post has been corrected based off of helpful information from the ARE Facebook group.*


So in my ARE study group we were discussing the differences between these two concepts, and how confusing the many different references can be when trying to explain them. You can read several resources and watch many videos explaining the concept of statute of repose and statute of limitations, and that’s all fine and dandy, but what the actual limits when it comes to construction?

Here are some of the videos I checked out for reference:

Another helpful video by an actual architect, Werner Sabo:

These videos were helpful, but they didn’t give me the answer I was looking for. I thought it would be best to check the Architects Handbook, as it is definitely one of the main resources that NCARB is using to create these exams. *However, it does appear that the AHPP is wrong on this one.

What I found was, at its most basic level:

Statute of Repose is a claim based on negligence for design professionals or others, 3 to 10 years after substantial completion.

Statute of Limitations sets time limits under which claims can be made, commencing when the alleged digression is discovered, normally 10 years.

That’s it, that’s the difference. Each state has its own time limits, I had fun checking out mine, which seem pretty average (this list taught me to never sign a contract in Maine, lol.) There are also reasons why on average, statutes of repose are longer than statutes of limitations. To quote this article from Kevin Hara, referencing the Texas Supreme Court,

The whole point of layering a statute of repose over the statute of limitations is to fix an outer limit beyond which no action can be maintained.  One practical upside of curbing open-ended exposure is to prevent defendants from answering claims where evidence may prove elusive due to unavailable witnesses (perhaps deceased), faded memories, lost or destroyed records, and institutions that no longer exist.

Methodist Healthcare Sys. of San Antonio v. Rankin, 307 S.W.3d 283, 286-87  (Tex. 2010 ) (internal citations and marks omitted)

To help me remember the difference between the two, I created a helpful wallpaper providing the differences in a simple way. You can get it for free at my Downloads page.

As always happy studying!

Study With Us: Live Study Session

A live ARE 5.0 virtual study session on Instagram, in collaboration with @arch_exam_study

Collaboration time! If you’ve been following me on Instagram, you may have seen my recent #studywithme video (see below), which I got inspiration for from following @arch_exam_study.

With over a hundred views on the first day, we thought it would be a good idea to collaborate on a study session together. So we will be hosting an Instagram Live Study Session on September 1st, 2020. If you want to participate in our session, you can join by following me on Instagram at @rmsmstudio. I’ve also created a Facebook event for this live session, if you want to keep it in your Facebook calendar.

Study With Us! Instagram Live ARE 5.0 Study Session

Date: Tuesday, September 1st, 2020

Time: 8:30pm EST – 9:30pm EST

Location: RMSM Studio Instagram

Prerequisites: None! Just bring yourself and your current study materials and join in the session! Make sure to check out my study guides for PcM and PjM for material recommendations.

The format will be a quick intro, then silent study for an hour using the Pomodoro technique (25 minutes study, 5 minutes break). You can even follow along with your own Pomodoro timer if you want. I can answer any comments or questions during the 5-minute break. I will be studying for the CE exam, but you can feel free to join in and study for your current exam.

For an example of one of the previous #studywithme sessions, you can check out my 2-hour Late Night Pomodoro Study Session here.

If you have additional questions, feel free to message me on the Facebook event page, on my Instagram at @rmsmstudio, or send me an email at rmsmstudio@gmail.com.

Practice Question: Invitation to Bid

For Construction Administration, I really recommend looking at as many real world documents as possible. Studying construction details? Check out your offices standard detail library. Studying certificates for payment? Find some examples online or see if you can look at any from a past project. There are also excellent videos on Youtube that go into how to fill out or create each of these documents or drawings, like this one below on the G702.

Question

Scorpion Commercial Group, along with their architect, Samsu Sola, has published an Advertisement for Bids in the Santa Fe Daily newspaper (see image below). They are advertising for open bidding a new commercial project located in Santa Fe, for a mixed use office building. Find at least 3 important pieces of information that are missing from the advertisement below:

Answer

The important information that is missing from this advertisement is:

  • Project Name and Location
  • Architect name and address
  • Project description including: type, size, construction materials and systems
  • Where bidding documents may be obtained or viewed
  • Amount of required bid deposit
  • Type and amount of bid bonds

Reference: Ballast: 49-3,4 Advertising for Bids

If you got all 6, well done! Let me know how many you got right in the comments. For more practice questions like this, feel free to check out the Practice Questions tab in the main menu. Also, don’t forget to sign up for my free PjM one page study guide, dropping on the 30th of August 2020. As always, happy studying!

Mini Quiz: CM Project Delivery Methods

Mini Quiz from RMSM Studio on Construction Manager Project Delivery Methods

I haven’t had any experience in the past with working with Construction Managers, so I feel like I really had to go the extra mile to understand all the differences and roles & responsibilities in the different CM project delivery methods. I’ve created some very handy charts to help explain the differences between CMa and CMc, I may release it later when I’m less overwhelmed.

I’m also trying to get back into the habit of regular note taking instead of being so focused on watching the explanatory videos. I was really inspired by this video I watched today by Jorge Herrera on quick study tips. I’ll probably be buying an assortment of notebooks and binders for my path forward, and take advantage of some of these back to school sales.

Question 01

Joanne Bowman is the manager of a government branch looking to expand in the near future. She is looking for a high-quality design, with low risk. Which project delivery methods would you, as her architect, recommend to her? (Select two)

  • Design-Bid-Build
  • Construction Manager as Advisor
  • Construction Manager as Constructor
  • Integrated Project Delivery

Question 02

While on the construction site, the Project Architect Maryam Lanoir notices a defect in the work. Since this project is a Construction Manager as Advisor project delivery method, what should be her next steps?

  • Instruct the superintendent to correct the deficiency, as per the contract drawings
  • Notify the Owner
  • Notify the Contractor
  • Notify the Construction manager
  • All of the above

Question 03

Jessica Trevi is an architect providing construction administration services on a Construction Manager as Advisor project. What is not a joint service that she provides?

  • Certifying applications for payment
  • Preparing change orders
  • Reviewing RFIs
  • Rejecting work

Question 01

CORRECT ANSWERS

  • Construction Manager as Constructor
  • Integrated Project Delivery

Both CMc and IPD are preferred in projects with high building quality standards, and where owners want to reduce their risk.

inCORRECT ANSWERS

Construction Manager as Adviser is a preferred choice for reducing project risk, but it is not always used for high building quality. Design-bid-build, is known for being low cost, which also can create low quality, as well as being high risk.

For reference, read Ballast Chapter 3.

Question 02

While on the construction site, the Project Architect Maryam Lanoir notices a defect in the work. Since this project is a Construction Manager as Advisor project delivery method, what should be her next steps?

  • Notify the Owner
  • Notify the Contractor
  • Notify the Construction Manager

With CMa projects, it is the architect’s responsibility to notify the Owner and the Construction Manager of any observed defects and deficiencies. See A232 – Article 4.2.2

The architect is not able to issue instructions to the superintendent. According to A232 – Article 3.9.1, it is only communications, not instructions that can be given to the superintendent.

Question 03

Jessica Trevi is an architect providing construction administration services on a Construction Manager as Advisor project. What is not a joint service that she provides?

Preparing change orders

CORRECT ANSWER

Preparing change orders or construction change directives is not a joint service provided the architect in construction administration.

Certifying applications for payment, RFI review and rejecting work is something that is done by both the CM and architect in a CMa project delivery.


I hope you like this mini quiz. Let me know how you did in the comments, or on the RMSM Studio Facebook page.

All of my recent practice questions are now available in one place, on the Practice Questions page in the top menu.

If you want to find other great practice tests, you can also have a look at my One Minute Reviews, where I give my feedback on ARE study materials in under a minute.

Mini Quiz: Risk Management

Mini Quiz from RMSM Studio on the Management of Risk For Architects

Risk Management is one of the key concepts in all stages of design. This is because whenever you are creating a building, you must always assume some risk. This is an essential concept for both Practice Management and Project Management. In the Wiley AHPP Guide for the Project Management (PjM) Exam, under the Risk Management chapter, they just say “All”. It’s that important. I hope you enjoy this mini quiz and as always, let me know how you did in the comments.

Question 01

Which types of firms will some underwriters have hesitation insuring?

  • Those with low deductibles
  • Those that don’t provide construction administration services
  • Those with a high number of inexperienced employees
  • Those using the AIA contract document suite

Question 02

Jay York, Esq. is an attorney who has been hired by Jasmine Board Architects. They have been hired to review their proposed insurance policies. Which of the following policy’s should Jay mark for further review with Jasmine Board Architects?

  • Indemnification for those not party to the Agreement
  • Client indemnity to architect for misuse of the architect’s drawings
  • Defending the Owner against third-party claims
  • Mutual indemnities between architects and consultants
  • All of the above

Question 03

Select all problematic words from the advertisement below created by Diedre Lock Associates:


Question 01

Those that don’t provide construction administration services

There is a high number of claims that arise when an architect only provides pre-construction services, as they are not there to defend themselves or their drawings.

Incorrect Answers

  • Those with low deductibles – Deductibles with another insurer would not affect another company’s coverage.
  • Those with a high number of inexperienced employees – As long as there are staff available that are qualified to complete the projects on hand, the number of inexperienced employees is irrelevant.
  • Those using the AIA contract document suite – Using a the standard AIA contract documents means that an insurer specializing in construction would be more likely to insure you, due to the industry’s familiarity with them.

Question 02

Policies that should be reviewed, due to being unmanageable risks, are:

  • Indemnification for those not party to the Agreement
  • Client indemnity to architect for misuse of the architect’s drawings
  • Defending the Owner against third-party claims

Incorrect Answers

Mutual indemnities between architects and consultants is actually a beneficial policy for an architect’s agreement. Study B101 8.4 for a good model of policies.

Question 03

The problematic words in this advertisement were:

  • Ensure
  • Best
  • 100% Completion
  • All
  • Assured
  • Thorough
  • Best
  • Guaranteed

I hope you like this mini quiz. Let me know how you did in the comments, or on the RMSM Studio Facebook page.

If you’re studying for Practice Management, feel free to check out my other Mini Quiz on the AIA A201 Document and my post on passing the PcM Exam. I have also created a one-page study guide based on the methods I used to pass PcM on the first try.

If you’re studying for Construction & Evaluation or Project Management, check out my Mini Quiz on the AIA C401 Contract.

All of my recent practice questions are also available for you to scroll through below, or on the specific page I’ve created for them at the top of the website:

If you want to find other great practice tests, you can also have a look at my One Minute Reviews, where I give my feedback on ARE study materials in under a minute.

Mini Quiz: AIA Code of Ethics and Professional Conduct

Mini Quiz from RMSM Studio on the AIA Code of Ethics and Professional COnduct 2018

I’ve created these questions based on the 2018 AIA Code of Ethics and Professional Conduct, which you can find for free here. This is a very short, easy to read document, but very important to professional practice.

Question 01

Which Ethical Standards fall under Canon VI: Obligations to the Environment?

  • Alternative energy sources
  • Building materials
  • Indoor Air Quality
  • None of the Above

Question 02

Penalties imposed by the National Ethics Council include: (Select all that apply)

  • Censure, with appeal
  • Admonition, with appeal
  • Litigation, with appeal
  • Suspension of membership, with appeal
  • Termination of membership, without appeal

Question 03

An architect wants to file a claim against another architect using Rule 4.101 of the Code of Ethics. What actions must they take?

  • Consult their legal counsel
  • Ensure proof of violation of one other rule
  • Consult their insurance company
  • Ensure proof of fraud based on an independent finding of a violation of the law

Question 04

What Canon does this statement fall within:

Members shall continually seek to raise the standards of aesthetic excellence, architectural education, research, training, and practice.

  • Canon II: Obligations to the Public
  • Canon I: General Obligations
  • Canon V: Obligations to Colleagues
  • Canon IV: Obligations to the Profession

Question 01

Which Ethical Standard fall under Canon VI: Obligations to the Environment?

  • Building materials

All other answers are not ethical standards under Canon VI: Obligations to the Environment.

Question 02

Penalties imposed by the National Ethics Council include: (Select all that apply)

  • Censure, with appeal
  • Admonition, with appeal
  • Suspension of membership, with appeal

Litigation is not a penalty imposed by the Natinoal Ethics Council. All penalties allow for appeal procedures, so “Termination of membership, without appeal” is incorrect.

Question 03

An architect wants to file a claim against another architect using Rule 4.101 of the Code of Ethics. What actions must they take?

  • Ensure proof of violation of one other rule

Under Canon IV: Obligations to the Profession: “Enforcement of Rule 4.101 refers to and supports enforcement of other Rules. A violation of Rule 4.101 cannot be established without proof of a pertinent violation of at least one other Rule.”

Question 04

What Canon does this statement fall within:

Members shall continually seek to raise the standards of aesthetic excellence, architectural education, research, training, and practice.

  • Canon I: General Obligations

I hope you like this mini quiz. Let me know how you did in the comments, or on the RMSM Studio Facebook page. If you’re studying for Practice Management, feel free to check out my other Mini Quiz on the A201 and my post on passing the PcM Exam, and if you’re studying for Construction & Evaluation, check out my Mini Quiz on C401.

If you want to find other great practice tests, you can also have a look at my One Minute Reviews, where I give my feedback on ARE study materials in under a minute.

One Minute Review: Walking the ARE 5.0 PcM Practice Exam

Can the Walking the ARE 5.0 Practice Exam help you pass the ARE 5.0 Practice Management (PcM) exam? Find out in 60 seconds!

This blog post is part of my One Minute Reviews, where each study material review can be read in a minute or less.

Some of the links in this post are affiliate links. This means if you click on the link and purchase the item, I will receive an affiliate commission at no extra cost to you. All opinions remain my own.

Walking the ARE 5.0 PcM Practice Exam Review

Can the Walking the ARE 5.0 Practice Exam help you pass the ARE 5.0 Practice Management (PcM) exam? Let’s break it down.

Question Content

Content for this practice exam comes from the AHPP, the AIA contracts, and professional codes of conduct. It has a large variety of question types, which are similar to the format you would find on the actual exam. Though it doesn’t highlight the specific exam sections, it covers all the topics required for PcM.

Difficulty of Questions

I took this exam a day before my exam, after studying for months, and I can tell you I was floored. These questions are hard! However, no other practice exam made me feel as prepared for the question style and complexity of the real ARE exam.

Ease of Use

This exam comes in a PDF format that is easily printable or visible on any device. The exam creator, Erik Walker, recommends printing out the answer sheets so you can refer to them as you take the test. This is meant to be a timed test, so be ready with your timer, too.

Price Point

For One Exam: $39. Includes questions and answer sheets with very detailed explanations.

Compared To similar Materials

Hyperfine Architecture PCM/PJM Study Questions: The Walking the ARE question difficulty is higher, however the answer section for the Hyperfine products is very comprehensive, and includes external references to articles, videos and documents that can explain the material in greater detail. Both of these packages are available as PDFs, with no timing or grading integrated into the format.

CONCLUSION

I highly recommend this exam, as I truly don’t believe I would have passed my PcM exam without it. If you use this resource not just as a practice exam, but as a tool to double down on your gaps in knowledge, you will be in great shape come exam day.


Disagree with my assessment, or have a product you want me to review, or have additional questions? Leave a comment below!

My Number One Rule for Buying ARE Study Materials

When you first decide to take the ARE, you will normally go into full research mode. You treat it like a site you are doing analysis on, combing the net for study materials, handy guides, YouTube tutorials and practice questions, exam focused blog posts (guilty!), everything you can get your hands on. You assemble a treasure trove of PDF documents and a wish list full of textbooks and online courses, and you start reading. Fast forward a few hours, and you are completely overwhelmed.

The ARE is full of SO MUCH CONTENT and the sheer amount of information that you need to not just absorb, but be able to use for problem solving, can be extremely intimidating. What can be even scarier, if you’ve been working for a while in the field, is the practice of unlearning what you thought you knew, and memorizing the way that NCARB wants you practice. This can make you second guess your own memory and possibly your own professional judgement.

I got to this same point after ordering my Ballast book. I love to read, like LOVE to read, but this seemed like taking a good thing too far. There’s a difference between sitting down with a nice thick book and reading for pleasure, and sitting down with a thick book and being expected to memorize and analyze its contents.

The study guides, contracts, online resources, and the other miscellaneous PDFs I had collected and bought as part of my search for information, were also confusing. With this much data, how is it possible to prioritize and process all that I read?

This lead me to my number one rule for ARE Study Materials:

AHPP (Architect’s Handbook of Professional Practice) First! No New Study Materials Until It’s Finished!

I created this rule for myself for a few important reasons:

  1. I have a habit of collecting a lot of data for the sake of saying that I have the information, then not reading it. This will save me a lot of wasted time in gathering studying materials that I will actually not use. 
  2. The AHPP is frequently considered required reading by those who take the exam. I’ve seen many people mention just this textbook, along with the contracts and rules of conduct, as their only required materials for passing the PcM (Practice Management Exam).
  3. You have help in determining what is essential! Namour Wright collaborated with Wiley publishing to create very helpful guides regarding which elements of the AHPP were critical reading for each specific ARE exam. 
  4. If I can’t commit to finishing this book, there is no reason for me to be flushing additional money or time down the drain looking at less comprehensive content. The AHPP is a big book, but the information it contains is crucial information for all 6 ARE exams. It is the only reference listed in the ARE 5.0 Handbook which has content used in the development of all 6 of the exams. Check out this references page from NCARB which illustrates my point. 
NCARB Reference Guide for AHPP

So even though it is important to cross train with other materials, use multiple references, and understand and read through other documents, I still put the completion of this document as my number one priority, and until you finish it, I wouldn’t put another cent into buying anything else. You can buy the AHPP on Amazon, or directly from Wiley Publishing. 

There are also pre-owned copies online, and often you can already find a copy at your architecture firm, as people who have studied in your firm like to keep it around as a reference in their practice.

What text would you consider an essential item for this exam? Let me know in the comments! Happy studying!

One Minute Review: Designer Hacks ARE 5.0 Courses

This blog post is part of my One Minute ARE 5.0 Study Material reviews. Architecture professionals are busy people, and I wanted to neatly package each product review so that they could be read in a minute or less. Disagree with my assessment, have a product you want me to review, or have additional questions? Leave a comment below!

Now, without further ado:

Designer Hacks ARE 5.0 Course Review

Can Designer Hacks ARE 5.0 Courses help you pass the ARE 5.0 Practice Management (PcM) exam? Let’s break it down.

Question Content

Content for these practice exams comes from the AHPP, the AIA contracts, and professional codes of conduct. Grading for the quizzes also shows you how you performed relative to the NCARB content categories for the exam.

Difficulty of Questions

If you can’t do well on these very straightforward questions, you will definitely struggle in the exam. So if you just started studying, I would highly recommend getting these to test your knowledge of basic concepts.

Ease of Use

These practice exams come in a digital format that is easy to use in both desktop and mobile format. There are 3 exam formats, which allow you to study based on how much time you have available. Grading is automatic when you finish, but question answers may not be very detailed. The course maintains a record of your exam results over time so you can check your progress.

Price Point

For One Exam Section: $39. For All 6 Exams: $195

Compared To similar Materials

Hyperfine Architecture PCM/PJM Study Questions: These questions cover 2 exams instead of one, and are cheaper than the cost of a single exam section with Designer Hacks. Hyperfine question complexity is higher, and provides greater detail and resources for their answer sections. However, this is only available as a PDF package, with no timing or grading integrated into the format.

WEARE Practice Exams: Much closer to the exam in terms of complexity, and cheaper at both the individual exam and all-in-one bundle levels. Allows for grading and has 2 full practice exams. and 1 case study.

CONCLUSION

If you are just starting to study for this exam, I would recommend this resource to help you reinforce the concepts you are just beginning to learn. It’s very good for on-the-go studying, and allows you to check your progress over time.