The City of Flint hired Young Design to serve as the architect for an upcoming Fast-Tracked municipal project involving the design and construction of a community center and amphitheater in downtown Flint.

The parties signed a written contract, which mirrored many of the provisions of the AIA Standard Form Agreement Between Owner and Architect, which required that Young Design perform weekly site visits during construction administration and review and certify the pay applications based upon the site visits

Johnson Construction was hired as the general contractor for the project. Because the project was municipal-owned, a payment bond and a performance bond was issued on the project by the surety, Surety One.

During the construction process, significant problems and delays arose, as is often the case with Fast-Tracked / Phased Delivery Method Projects.

Young Design struggled with completing the design, while managing the weekly meetings, responding to requests for information and change orders submitted by Johnson Construction, completing site visits to ensure work was done and reviewing pay applications during the Project.

READ EACH QUESTION AND SUBPARTS BELOW CAREFULLY. THERE ARE ADDITIONAL FACTS PROVIDED FOR SOME OF THE QUESTIONS.

QUESTION 1

ADDITIONAL FACTS FOR QUESTION 1: Assume for this Question 1 only, that a dispute arises as to whether some of the work completed by Johnson Construction is defective and that the City of Flint believes that Young Design overcertified pay applications significantly in connection with that defective work.

QUESTION 1.A. If Young Design wrongfully over-certified the pay applications submitted by Johnson Construction identify AND describe what two (2) possible claims Surety One might make against Young Design based upon the evidence that either the over-certification was the result of not completing the weekly site visits or was the result of not observing defects while conducting the site visits? Include a general description of each claim and the elements that are required to establish a claim, to the extent applicable. (6pt)