Lender’s Preconstruction Conference Agenda
Section 232 / U.S. Department of Housing and Urban Development
Office of Healthcare Programs / OMB Approval No. 9999-9999
(exp. mm/dd/yyyy)

Public reporting burden for this collection of information is estimated to average 4.5 hours. This includes the time for collecting, reviewing, and reporting the data. The information is being collected to obtain the supportive documentation which must be submitted to HUD for approval, and is necessary to ensure that viable projects are developed and maintained. The Department will use this information to determine if properties meet HUD requirements with respect to development, operation and/or asset management, as well as ensuring the continued marketability of the properties. Response to this request for information is required in order to receive the benefits to be derived. This agency may not collect this information, and you are not required to complete this form unless it displays a currently valid OMB control number. No confidentiality is assured.

Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802)

New Construction

Substantial Rehabilitation

241(a)

Project Name:______

Project Location:______

FHA Number:______

Meeting Date & Location:______

Early Commencement of Constructionis applicable: YES NO (check one)

Early Start is applicable: YES NO (check one)

Attendance Record

Name and Title / Organization and Mailing Address / Email Address / Phone # / Fax #

Name of HUD Contract Inspector: ______

When Early Commencement of Construction is not applicable:

Confirm Construction Time:______Months

Confirm Scheduled Completion Date per Executed Construction Contract:______

1.Welcome / Introductions / and Attendance Record (above)

2.Certified Payrolls and Davis Bacon (Name of HUD Labor Relations Specialist - ______)

It will be up to HUD’s Labor Relations Specialistto determine if they will make their standard presentation during this Conference, or at a time of their choosing (but prior to the start of construction).

Owner ____ Architect ____ Contractor ____

3.Payments from Construction Account / Partial Payment to Contractor

Note: There shall not be any requisitions of FHA Insured funds, if Initial Closing has not occurred. This would apply to both Early Commencement and Early Start projects.

Review “General Contractor’s Monthly Requisition Procedures...” Attachment 1

See also, “SAMPLE Materials Stored Onsite Spreadsheet.” Attachment 2

Each month the Lender shall transmit, via email and attached PDF, a copy of the approved Monthly Requisition, to the HUD Construction Manager. A hardcopy is not necessary.

Owner ____ Architect ____ Contractor ____

4.Contractor's Supervision

Who will be the Project Manager?______

Who will be the Project Superintendent?______

Owner ____ Architect ____ Contractor ____

5.Initial Starting Date

General Contractor shall provide ______(Lender PCCC Name) ______, ____ (HUD OHP Construction Manager Name), ______(HUD Labor Relations Specialist Name) ______, and _____ (HUD Contract Inspector Name) ____ letters indicating the date (actual date, not anticipated) of Initial Construction Start (the beginning of initial site clearing and preparation) and the date of Permanent Construction Start (permanent on-site building elements put in place, such a footing and utility lines). Letters can be transmitted in PDF format, via email to all recipients. As there is no HUD form for these letters, the General Contractor shall use their letterhead. For Substantial Rehabilitation projects, the construction start date shall be the actual date that work began on the project. This date shall be verified by the project architect. The HUD Inspector must record the date of Initial Construction Start and the date of Permanent Construction on form HUD-95379 (Trip Report).

Owner ____ Architect ____ Contractor ____

6.Inspection and Supervision by Project Architect

Provide services in accordance with the Owner/Architect Agreement (AIA B181).

Ensure that construction is carried out in accordance with the contract documents.

Review Contractor’s Monthly Draw Requests for accuracy and appropriateness.

Architect's Supplemental Instructions - AIA G710, is acceptable to use for the following: interpretation or clarification of the contract documents, order minor changes in the work not involving cost, or accepting specified equivalents.

Generate a Field Report with each site visit (e.g. the AIA G711, Architect’s Field Report) – minimum contents include:

  • Date of inspection
  • FHA Project Number and location
  • Time, weather, and temperature range
  • Estimated percent of completion
  • Work in progress and conformance with the contractor's progress schedule
  • Persons present at work
  • Observations and items to verify
  • Information or action required
  • Firm name and signature

Maintain an Architect’s Log, which includes such items as the above Field Reports, a Visitor’s Sign-in Log, etc… Said log is to be kept up to date and on site. The HUD Inspector will review the Architect’s Log during each site visit.

Throughout construction, provide the HUD Inspector with a copy of the Field Reports.

Owner ____ Architect ____ Contractor ____

7.Not Used

8.Trip Reports (form HUD-95379) by HUDInspector

In brief, the Contract Inspector will check the job to insure that:

  • The construction is progressing on schedule
  • “HUD As-Built Set” of Plans and Specs are being updated by the Contractor on a regular basis
  • Construction is according to contract documents
  • The Architect of Record is inspecting regularly and maintaining the Architect’s Log
  • Construction site is well organized
  • Construction draws are accurate and acceptable and materials are either on site or stored in a warehouse (if applicable)
  • Workers are being paid properly. Davis Bacon Wage Interviews are conducted each time the inspector is out at the job site. Interviews are used by HUD’s Office of Labor Relations to verify prevailing wage compliance and who was working when. The goal is to interview all trades at least once. Interviews will take a very short time, and no supervisors can be present. Please advise all Subcontractorsoften that these will be taking place.

Owner ____ Architect ____ Contractor ____

9.Sub Contractor's Identity of Interest

An Identity of Interest must be approved by the HUD Construction Manager (contract must show the cost plus a profit) prior to execution of the subcontract or commencement of the work. If prior approval is not received, the General Contractor’s Overhead and Profit for that work will be disallowed by HUD at Cost Certification time.

Requests for approval shall be sent first to the Lender (who may enlist the services of their Third Party Architectural Reviewer), who will in turn forward the complete package to the HUD Construction Manager for final approval.

An Identity of Interest occurs when the Mortgagor or the General Contractor has an interest in a subcontractor, material supplier, or lessor of equipment.

This interest may be financial, ownership, and family relationship, to name a few.

The Identity of Interest must also submit a Cost Certification (Form HUD-92330-A) (if applicable, depending on the type of Construction Contract)

A company that only does business with the Mortgagor or General Contractor is not allowed (“paper conduit”).

Owner ____ Architect ____ Contractor ____

10.Change Orders

For Early Commencement or Early Start projects, Change Orders will not be processed prior to Initial Endorsement and funds for the construction changes must be provided at Initial Closing.

Review the “Change Order Procedures: OHP- Section 232 New Construction, Substantial Rehabilitation and 241a,” with attendees. Attachment 3

Do not forget the required, “Architect’s Letter of Justification and Certification for HUD Change Orders,” Attachment 4, with each Change Order.

Are there any Firm Commitment Special Conditions that could affect change orders on this project?

  • None ___, or
  • Special Condition #__ - ______
  • Special Condition #__ - ______

See Sample Change Order, form HUD-92437,as well. Attachment 5

The Lender shall create a color PDF version of the complete Change Order package, and send it via email to for review, execution, and distribution.

Owner ____ Architect ____ Contractor ____

11.Construction Progress Schedule (per AIA A201 - General Conditions of the Contract for Construction)

The Schedule will be submitted at Initial Closing, even if Early Commencement of Construction is applicable.

Used by HUD as an early warning/tracking tool to determine if the project is on schedule. A simple schedule showing the proposed cumulative percentage of completion per month during the construction period is acceptable. Form HUD-5372, is an acceptable example.

An updated Schedule is required when construction falls more than 10% behind schedule (a revised schedule is not usually submitted when the project is ahead of schedule).

Owner ____ Architect ____ Contractor ____

12.Display of: Davis Bacon Wages, Equal Employment Opportunity Documents, Change Order Log, and Approved Change Orders, Architect’s Log/Inspection Reports, “HUD As-Built Set” of Plans and Specs, and Inspection Log

If Early Commencement of Construction is applicable, an “As –Built” record shall be kept and incorporated into the HUD Set drawings. The “HUD As-Built Set” of the Plans and Specifications will only apply after Initial Closing.

All of the above must be available for view by all on the job. The Inspection Log is by the General Contractor to document who has been at the site doing inspections (local authority, inspecting architect, HUD Inspector, etc...) and when, and any necessary notes.

Owner ____ Architect ____ Contractor ____

13.“HUD As-Built Set” of Plans and Specs & As-Built Survey

N/A to Early Commencement of Construction, however, an “As –Built” record shall be kept and incorporated into the HUD Set drawings at or before initial closing. The “HUD As-Built Set” of the Plans and Specifications will only apply after Initial Closing.

“HUD As-Built Set” of Plans and Specifications: Provided to the General Contractor at the Preconstruction Conference. The set must be constantly maintained by the contractor to record all construction changes and/or modifications.

As-Built Survey: Required for Construction Completion and Final Closing. This is an “As-Built” ALTA/ACSM Land Title Survey, including all above ground and below ground improvements, and site contour lines. See, “Lean 232–Survey Instructions.” Attachment 6.

Owner ____ Architect ____ Contractor ____

14.Shop Drawing Submittal and Approval

The HUD Inspector will check to make sure the contractor is submitting all shop drawings (Section 3.12 in A201) in a timely manner to the architect for timely approval (Section 4.2.7 in A201). Most sections have specific Submittal instructions, as well as other sections of the A201. HUD is not a party to Shop Drawing approvals.

Owner ____ Architect ____ Contractor ____

15.Corrective or Incomplete Items

Issues may be identified by the project architect, the HUD Inspector, the Local Authority, or other individuals. Issues must be corrected in a timely manner. Inspection reports must document the issue and continue to do so until the situation is corrected.

Owner ____ Architect ____ Contractor ____

16. Permission to Occupy

Review “Permission to Occupy Instructions - HUD-92485” with attendees. Attachment 7

Reminder - At a minimum, the Permission to Occupy (PTO) must include:

  • Local Authority Certificate of Occupancy (Temporary C of O is acceptable at this stage),
  • Certificate of Property Insurance,
  • Certificate of Fidelity Insurance,
  • Certificate of Professional Liability Insurance, and,
  • Any other PTO related Firm Commitment Special Conditions, including:
  • None ___, or
  • Special Condition #__ - ______
  • Special Condition #__ - ______

The Lender shall create a color PDF version of the complete Permission to Occupy package, and send it via email to for review, execution, and distribution.

Owner ____ Architect ____ Contractor ____

17.Final Construction Completion

As defined in the Construction Contract, Article 2 E. which reads, "The date of final completion shall be the date the HUD representative signs the final HUD Representative's Trip Report provided that the trip report is subsequently endorsed by the Chief Architect.”

Architect and HUD Inspector will make the final inspection upon request of the Contractor.

The Architect determines that all punch list items are complete (unless they are Items of Delayed Completion, and then construction proceeds are withheld until the work is completed), and provides a letter stating so.

The HUD Inspector fills out the final Trip Report.

The HUD Construction Manager will review and approve the report.

Remember, before the Final Inspection is scheduled:

  • Work 100% Complete (with the exception of approved Items of Delayed Completion)
  • “HUD As-Built Set” of the Plans and Specifications; reviewed by Architect and HUD Contract Inspector, and left at the site or forwarded to project Owner/Sponsor (documented by Architect’s Transmittal Memorandum to Owner/Sponsor)
  • Owner’s O&M Manuals; reviewed by Architect and HUD Contract Inspector, and forwarded to project Owner/Sponsor (documented by Architect’s Transmittal Memorandum to Owner/Sponsor)
  • Final “As-Built Survey” and “Surveyor’s Report:” reviewed by Architect and HUD Contract Inspector, and forwarded to HUD (documented by Architect’s Transmittal Memorandum)
  • All Major Movable Equipment on site, and in place
  • All Change Orders submitted and approved by HUD
  • Final 100% Construction Draw/Requisition submitted to HUD
  • HUD Permission to Occupy executed and approved by HUD

Owner ____ Architect ____ Contractor ____

18.General Contractor’s Cost Certification

N/A; Lump Sum Contract

Applicable; Cost Plus Contract

See HUD Handbook 4470.2, for details.

The General Contractor must submit a Cost Certification (Form HUD-92330-A). Account line items must correspond to line items on the Form HUD-2328 – Contractor’s Cost Breakdown.

The assigned HUD Closing Coordinator shall be the point of contact for the Cost Certification process (both General Contractor – if applicable, and Mortgagor).

Owner ____ Architect ____ Contractor ____

19.One Year Warranty and Guarantee Inspections

A warranty shall be provided by the General Contractor on labor and materials for one year after Final Construction Completion has been reached.

A minimum of two inspections are made of all work to discover and require correction of latent defects (defective or nonconforming work not observed during construction) within one year of the date of the Final Inspection Report.

The HUD Inspectorschedules guarantee inspections.

  • A Nine Month Warranty Inspection must be conducted and shall provide for inspection of the entire project.
  • The inspection team will include: HUD Inspector, Supervisory Architect, Owner, Contractor, and if possible, Onsite Maintenance representative.
  • Other inspections may be necessary to assure inspection of seasonal items such as heating and landscaping.
  • Afinal 12-Month Warranty Inspection must be conducted no later than 335 days after the Final Inspection Report to check previously reported defects and correction, and identify any additional defects.

(continued)

(continued)

The HUD Inspector reports each guarantee inspection on HUD Form 95379, HUD Representative's Trip Report.

  • If work is acceptable, state, "All observable work acceptable at the time of this inspection."
  • If unacceptable, list latent defects.

Describe each item.

Recommend method of correction.

Estimate current cost of correction.

  • Check any Items of Delayed Completion and list completed and uncompleted items under a separate heading.
  • Note any improper maintenance or casualty damage under a separate heading.

Owner ____ Architect ____ Contractor ____

20.Sign and Date “PreConstruction Conference Certification” on last page of this Agenda

Attachment 1

General Contractor’s Monthly Requisition Procedures

(OHP - Section 232 New Construction, Substantial Rehabilitation and 241a)

A. Contractor’s Monthly Requisition must be made on Form HUD-92448. The Contractor’s Prevailing Wage Certificate on the form’s reverse side must be signed. The 92448 shall be a 2-sided form executed by the Contractor, and Supervisory Architect. The Contract Inspector must then review for acceptability and any modifications and execute the document. If acceptable, the document is forwarded to the Lender’s mortgage credit analyst for further processing, and inclusion in the Mortgagor’s Monthly Requisition, form HUD-92403.

1. Eligible items for inclusion on Form HUD-92448.

  1. Acceptably completed onsite work, i.e. in full compliance with contract documents;

b. Materials acceptably stored onsite itemized by quantity and cost with supporting invoices;

c. Components acceptably stored offsite, where provisions are made at initial closing (including an acceptable Assurance of Completion for Offsite Improvements), and requirements of Paragraph B below are met.

d. The Architect determines amounts due by job site observation of acceptable work. (The Contract Inspector makes the determination if there is no Architect.)

e. The Contract Inspector:

(1) Checks the Architect’s determination using Form HUD-2328, Schedule of Values, and trade item cost breakdowns (guides) to assure that amounts are reasonable for acceptable work and that funds remain for unacceptable and incomplete work;

(2) Spot checks the count of stored onsite items, determines that storage is acceptable, and assures that amounts are reasonable for approval;

(3) Checks the invoice and certificate for stored off-site items, and approves payment after assuring that funds remain for transportation to the site and erection.

2.Ineligible items for inclusion on Form HUD-92448.

a. Noncompliant work and work supported or dependent upon noncompliant work. Work changes completed in anticipation of future change order approvals are noncompliant work.

b. Additive change orders. See Change Order Procedures for LEAN 232 New Construction and Substantial Rehabilitation.

c. Off-site work. See Paragraph C below for the contractor’s requisition of payment, and release of funds to the mortgagor for acceptably completed offsite work.

3. Modification of Contractor’s Requested Amount.

Where there is disagreement with the requisition, the ContractInspector may modify the contractor’s requested amount by:

a. Entering trade item modification(s) on Form HUD-92448;

b. Explaining the modification(s) in the HUD Representative’s Trip Report, Form HUD-95379.

c. Completion of Form HUD-92448, Items (1) through (13) are made by the Lender.

4. Supporting Documentation.

a. In order to help the Contract Inspector reconcile differences with contractor claims, the contractor will submit receipts, bills of lading for onsite deliveries, billings for onsite work, evidence of onsite payrolls, etc.

b. Surveys may be submitted with each contractor’s requisition for improvements not previously shown on a survey, especially regarding: