export_lare section 1 Flashcards

Question

Rules of ProfessionalConduct (B) Full Disclosure LARE Orientation Guide!!

Answer 1

(B) A registered landscape architect shall accurately represent to a prospective or existing client or employer his or her qualifications and the scope of his or her responsibility in connection with work for which he or she is claiming credit.

Answer 2

(C) If, in the course of his or her work on a project, a registered landscape architect becomes aware of a decision taken by his or her employer or client, against such registered landscape architect’s advice, which violates applicable state or municipal building laws and regulations and which will, in the registered landscape architect’s judgment, materially and adversely affect the safety to the public of the finished project, the registered landscape architect shall: 1. report the decision to the local building inspector or other public official charged with the enforcement of the applicable state, provincial or municipal building laws and regulations; 2. refuse to consent to the decision; and 3. in circumstances where the registered landscape architect reasonably believes that other such decisions will be taken, notwithstanding his or her objections, terminate his or her services with respect to the project. In the case of a termination in accordance with this clause (3), the registered landscape architect shall have no liability to his or her client or employer on account of such termination.

Answer 3

(D) A registered landscape architect shall not deliberately make a materially false statement or deliberately fail to disclose a material fact requested in connection with his or her application for a registration or renewal thereof.

Answer 4

(E) A registered landscape architect shall not assist the application for a registration of an individual known by the registered landscape architect to be unqualified in respect to education, training, experience or character

Answer 5

(F) A registered landscape architect possessing knowledge of a violation of the provisions set forth in these regulations by another registered landscape architect shall report such knowledge to the Board.

Answer 6

(A) A registered landscape architect shall not, while engaging in the practice of landscape architecture, knowingly violate any state, provincial or federal criminal law.

Answer 7

(B) A registered landscape architect shall neither offer nor make any payment or gift to a government official (whether elected or appointed) with the intent of influencing the official’s judgment in connection with a prospective or existing project in which the registered landscape architect is interested.

Answer 8

(C) A registered landscape architect shall comply with the registration laws and regulations governing his or her professional practice in any jurisdiction.

Answer 9

(A) Each office in a jurisdiction maintained for the preparation of drawings, specifications, reports or other professional landscape architectural work shall have a registered landscape architect resident and regularly employed in that office having direct supervision of such work.

Answer 10

(B) A registered landscape architect shall not sign or seal drawings, specifications, reports or other professional work for which he or she does not have direct professional knowledge and direct supervisory control; provided, however, that in the case of the portions of such professional work prepared by the registered landscape architect’s consultants, registered in this jurisdiction, the registered landscape architect may sign or seal that portion of the professional work if the registered landscape architect has reviewed such portion, has coordinated its preparation, and intends to be responsible for its adequacy.

Answer 11

(C) A registered landscape architect shall neither offer nor make any gifts, other than gifts of nominal value (including, for example, reasonable entertainment and hospitality), with the intent of influencing the judgment of an existing or prospective client in connection with a project in which the registered landscape architect is interested.

Answer 12

(D) A registered landscape architect shall not engage in conduct involving fraud or wanton disregard of the rights of others.

Answer 13

Cost incurred by a contractor when the project is interfered with by the owner in such a way that the contractor must employ more manpower or work more hours. If the contractor contributes to the cause of its own delays, acceleration cost may not be granted.

Answer 14

Act of a person to whom a thing is offered by another and they receive it with the intention of retaining it (e.g. the acceptance of a contract).

Answer 15

Action by a party to a contract that causes the other party of the contract to not complete the work of the project on time or in the manner established by the contract writing.

Answer 16

Damages resulting from a real and substantial loss, as opposed to those which are merely theoretical, estimated, or anticipated.

Answer 17

Modifications to the contract documents issued during the bid period which become official parts of the contract documents.

Answer 18

A person authorized to act for a client who is employed to represent the client in business and legal dealings with third persons. There are 3 parties involved: a principal (client), an agent, and a third party. An agency relationship is established in writing with all 3 parties acknowledging the relationship. The agent cannot be self-serving or profit at the principal's expense. Examples of agents include attorneys, brokers, auctioneers, and real estate agents.

Answer 19

Similar to contracts in that they must contain the same basic elements. The agent is authorized to do only what the principal wants. They can be placed in a position to exercise discretion, and can even enter into contracts that are binding on behalf of the principal. There are no limits on who can be an agent (e.g. an employee can be an agent - construction worker can be granted the authority to purchase tools and materials needed in the performance of work.

Answer 20

The agent can be empowered to do anything the principal can lawfully do, however, they can not perform acts that are personal in nature or must be personally performed, acts that are illegal, acts that are immoral, or acts that are opposed to public policy.

Answer 21

The Contractor should not be an agent in most cases as this would make the Principal liable for their actions, as such contractors should be made (through contract) independent. However, this also means that the Principal (owner) cannot take control away from the contractor and only specify the final result (i.e. can't interfere with the methods and personnel hiring practices of the contractor). Also of note, the owner's agents must focus on product quality and not methods when dealing with the contractors.

Answer 22

The principal is liable for all contracts made by the agent while the agent is acting within the scope of the stated authority. A 3rd party who makes an agreement with the agent is held liable to the Principal and not the agent. If an act of the agent is unauthorized the Principal is not bound by it, however, if the Principal ratifies it then it will become binding.

Answer 23

Agency agreements can be terminated at the expiration of the time period for the agreement, death of the principal or agent, destruction of the subject matter for which the agency was formed, fulfillment of the purpose of the agency, termination by the principal, termination by the agent, mutual consent between principal and agent to terminate, bankruptcy of either party, and a development which makes the subject matter illegal.

Answer 24

The subject matter of the contract, the parties to the contract, the nature of the transaction, the time during which it will be performed, the fees to be charged, the manner of billing and the specification and deals where relevant.

Answer 25

A sum of money set aside by the owner to remove a particular portion of work from competitive bidding. Typical of government subsidized institutions with work that is proprietary and must not be competitively bid on.

Answer 26

A land survey performed by a professionally licensed surveyor and conforms to the standards set by the American Land Title Association (ALTA).

Answer 27

A material or method used in place of the base material or method specified for the project with equal cost or value.

Answer 28

Doubtfulness of meaning of an expression used in a written instrument.

Answer 29

When a contractor states that they will not or cannot perform the contract, the owner may terminate the contract immediately or after a waiting period to determine the contractor's performance according to the contract writing. The owner MUST establish that the contractor's statement is certain and unequivocal. If they terminate and the statement is found to be ambiguous, the owner will have wrongfully defaulted them.

Answer 30

Federal and State statutes to protect trade and commerce from unlawful restraints and monopolies. Bid Rigging is considered a violation of antitrust laws.

Answer 31

An agency relationship created by an act of the parties.

Answer 32

Avenue of resolving conflicts that arise in practice with disputes being settled by an impartial board of experts or a disinterested 3rd party. Typically the parties must agree that by submitting to arbitration, they will accept the decision of the arbitrator and they waive their rights to report to a court of law if the arbitration decision is unfavorable.

Answer 33

When a dispute arises in a contract containing an arbitration agreement, both parties must submit a written and signed dispute which should contain a definition of the scope or arbitration, definition of the award period, and a definition of the rules of procedure to be followed.

Answer 34

This may be included in the contract, written as a supplement to the contract to cover all future disputes, or to address a specific controversy. The agreement should always be written and signed by both parties.

Answer 35

Person or group of experts who have no stake in the matter who listen to all parties equally and make a decision outside of a court of law.

Answer 36

This form can be used to correct errors or inconsistencies in a contract between the owner/client and the contractor after said contract has been signed. It can also be used to make minor alterations to other aspects of the contract and to make minor changes to the scope of work described in the contract provided that these changes do not alter the contract's cost or project timeline.

Answer 37

A legal action which allows a person who is not party to a contract to obtain the contract rights of a party who is. E.g. the LA can assign portions of the design of the project to it's consulting engineers.

Answer 38

Attachment

Answer 39

An improvement brought upon a property which enhances its value more than just repairing. It may be temporary or permanent. This also applies to public improvement such as widening of a street.

Answer 40

An offer to perform a contract for work and labor or for supplying materials at a specified price. In the construction industry, a bid is considered an offer by the contractor to the owner. A bid, as an offer, becomes a contract once the owner accepts the bidder’s offer with all other contractual requirements in order

Answer 41

This process is governed by law and must be followed a specific way (depending on municipality rules). Generally it follows the following procedure: 1. Notice must be given to interested and qualified members of the construction community in advance of the bidding. This notice must be placed in a publicly accessible place (newspaper, magazine, government website, trade publication, etc.) This is typically called the "Notice to Bidders" and contains the following: Type of project, Location, Type of Contract, Bonding requirements, Dates to perform work, Terms of payment, Estimated construction cost (some may exclude this), time/manner/place to submit bids, location to obtain bid documents, deposit required on bid docs, Owner's right to reject any and all bids, req's regarding wage rates. 2. The Invitation for bids must be posted in public places and distributed to the local construction community. 3. All bidders must be treated alike and be afforded an opportunity to bid under the same terms and conditions. 4. Prequalification may be required.

Answer 42

Prequalifying contractors allows for a select list of bidders (or short list) be available for various projects. It averts construction problems by limiting bidding to contractors who have the experience and financial stability to complete the project. It is more desirable to eliminate a contractor before bidding rather than show that a contractor is not qualified after that firm has submitted the low bid.

Answer 43

While not always the same, typically anything that would lead to bid rejection constitutes a "regular bid". So bids without a bid security, bids that fail to acknowledge addendum, late bids, not dated or missing minor info, etc.

Answer 44

Cost incurred by a contractor when the project is interfered with by the owner in such a way that the contractor must employ more manpower or work more hours. If the contractor contributes to the cause of its own delays, acceleration cost may not be granted.

Answer 45

Act of a person to whom a thing is offered by another and they receive it with the intention of retaining it (e.g. the acceptance of a contract).

Answer 46

Action by a party to a contract that causes the other party of the contract to not complete the work of the project on time or in the manner established by the contract writing.

Answer 47

Damages resulting from a real and substantial loss, as opposed to those which are merely theoretical, estimated, or anticipated.

Answer 48

Modifications to the contract documents issued during the bid period which become official parts of the contract documents.

Answer 49

A person authorized to act for a client who is employed to represent the client in business and legal dealings with third persons. There are 3 parties involved: a principal (client), an agent, and a third party. An agency relationship is established in writing with all 3 parties acknowledging the relationship. The agent cannot be self-serving or profit at the principal's expense. Examples of agents include attorneys, brokers, auctioneers, and real estate agents.

Answer 50

Similar to contracts in that they must contain the same basic elements. The agent is authorized to do only what the principal wants. They can be placed in a position to exercise discretion, and can even enter into contracts that are binding on behalf of the principal. There are no limits on who can be an agent (e.g. an employee can be an agent - construction worker can be granted the authority to purchase tools and materials needed in the performance of work.

Answer 51

The agent can be empowered to do anything the principal can lawfully do, however, they can not perform acts that are personal in nature or must be personally performed, acts that are illegal, acts that are immoral, or acts that are opposed to public policy.

Answer 52

The Contractor should not be an agent in most cases as this would make the Principal liable for their actions, as such contractors should be made (through contract) independent. However, this also means that the Principal (owner) cannot take control away from the contractor and only specify the final result (i.e. can't interfere with the methods and personnel hiring practices of the contractor). Also of note, the owner's agents must focus on product quality and not methods when dealing with the contractors.

Answer 53

The principal is liable for all contracts made by the agent while the agent is acting within the scope of the stated authority. A 3rd party who makes an agreement with the agent is held liable to the Principal and not the agent. If an act of the agent is unauthorized the Principal is not bound by it, however, if the Principal ratifies it then it will become binding.

Answer 54

Agency agreements can be terminated at the expiration of the time period for the agreement, death of the principal or agent, destruction of the subject matter for which the agency was formed, fulfillment of the purpose of the agency, termination by the principal, termination by the agent, mutual consent between principal and agent to terminate, bankruptcy of either party, and a development which makes the subject matter illegal.

Answer 55

The subject matter of the contract, the parties to the contract, the nature of the transaction, the time during which it will be performed, the fees to be charged, the manner of billing and the specification and deals where relevant.

Answer 56

A sum of money set aside by the owner to remove a particular portion of work from competitive bidding. Typical of government subsidized institutions with work that is proprietary and must not be competitively bid on.

Answer 57

A land survey performed by a professionally licensed surveyor and conforms to the standards set by the American Land Title Association (ALTA).

Answer 58

A material or method used in place of the base material or method specified for the project with equal cost or value.

Answer 59

Doubtfulness of meaning of an expression used in a written instrument.

Answer 60

When a contractor states that they will not or cannot perform the contract, the owner may terminate the contract immediately or after a waiting period to determine the contractor's performance according to the contract writing. The owner MUST establish that the contractor's statement is certain and unequivocal. If they terminate and the statement is found to be ambiguous, the owner will have wrongfully defaulted them.

Answer 61

Federal and State statutes to protect trade and commerce from unlawful restraints and monopolies. Bid Rigging is considered a violation of antitrust laws.

Answer 62

An agency relationship created by an act of the parties.

Answer 63

Avenue of resolving conflicts that arise in practice with disputes being settled by an impartial board of experts or a disinterested 3rd party. Typically the parties must agree that by submitting to arbitration, they will accept the decision of the arbitrator and they waive their rights to report to a court of law if the arbitration decision is unfavorable.

Answer 64

When a dispute arises in a contract containing an arbitration agreement, both parties must submit a written and signed dispute which should contain a definition of the scope or arbitration, definition of the award period, and a definition of the rules of procedure to be followed.

Answer 65

This may be included in the contract, written as a supplement to the contract to cover all future disputes, or to address a specific controversy. The agreement should always be written and signed by both parties.

Answer 66

Person or group of experts who have no stake in the matter who listen to all parties equally and make a decision outside of a court of law.

Answer 67

This form can be used to correct errors or inconsistencies in a contract between the owner/client and the contractor after said contract has been signed. It can also be used to make minor alterations to other aspects of the contract and to make minor changes to the scope of work described in the contract provided that these changes do not alter the contract's cost or project timeline.

Answer 68

A legal action which allows a person who is not party to a contract to obtain the contract rights of a party who is. E.g. the LA can assign portions of the design of the project to it's consulting engineers.

Answer 69

A legal process by which a court of law designates a specific property owned by the debtor to be transferred to the creditor or sold for the benefit of the creditor.

Answer 70

An improvement brought upon a property which enhances its value more than just repairing. It may be temporary or permanent. This also applies to public improvement such as widening of a street.

Answer 71

An offer to perform a contract for work and labor or for supplying materials at a specified price. In the construction industry, a bid is considered an offer by the contractor to the owner. A bid, as an offer, becomes a contract once the owner accepts the bidder’s offer with all other contractual requirements in order

Answer 72

This process is governed by law and must be followed a specific way (depending on municipality rules). Generally it follows the following procedure: 1. Notice must be given to interested and qualified members of the construction community in advance of the bidding. This notice must be placed in a publicly accessible place (newspaper, magazine, government website, trade publication, etc.) This is typically called the "Notice to Bidders" and contains the following: Type of project, Location, Type of Contract, Bonding requirements, Dates to perform work, Terms of payment, Estimated construction cost (some may exclude this), time/manner/place to submit bids, location to obtain bid documents, deposit required on bid docs, Owner's right to reject any and all bids, req's regarding wage rates. 2. The Invitation for bids must be posted in public places and distributed to the local construction community. 3. All bidders must be treated alike and be afforded an opportunity to bid under the same terms and conditions. 4. Prequalification may be required.

Answer 73

Prequalifying contractors allows for a select list of bidders (or short list) be available for various projects. It averts construction problems by limiting bidding to contractors who have the experience and financial stability to complete the project. It is more desirable to eliminate a contractor before bidding rather than show that a contractor is not qualified after that firm has submitted the low bid.

Answer 74

While not always the same, typically anything that would lead to bid rejection constitutes a "regular bid". So bids without a bid security, bids that fail to acknowledge addendum, late bids, not dated or missing minor info, etc.

Answer 75

The owner is typically responsible for any errors in the bid documents, however, statements are often included which place direct responsibility for the info on the contractor.

Answer 76

While contract award is given to the lowest bidder, there are stipulations that make this not all about the final $ amount. A phrase like "lowest responsible bidder submitting a regular bid" might be used.

Answer 77

Proceeds in this manor generally: 1. Bids are opened; 2. Owner evaluates the bids; 3. Notice of Award is issued; 4. Contractor acquires the required bonds and insurance; 5. Owner conducts pre-construction conference; 6. Owner awards the construction contract; 7. Notice to proceed is issued/Contractor signs the contract; 8. First day of construction is counted... and construction begins

Answer 78

The form to be used by all bidders to submit their bids. It typically includes: Price (lump sum or unit price), Time of completion (if not given by owner), Bid Surety, Agreement to provide contract surety, acknowledgment of having reviewed addenda (list # of addenda reviewed), list of subs used in the bid, experience record/financial statement, plant & equipment inventory, Declaration regarding fraud and collusion, statement regarding site examination, signature.

Answer 79

Issued by the owner and stating the contract start date. Note that the contract may not be signed by the contractor when the notice to proceed is issued, or to have the contract "clock" started without the contract docs having been fully executed. Generally the notice to proceed obligates the owner to the contract, so signed or not it is official once notice is provided to the contractor.

Answer 80

After the design phase: 1. Advertisement for bidders; 2. Contractors acquire bid docs; 3. Contractor conducts quantity takeoff; 4. Addenda issued; 5. Contractor determines prices for all quantities (gets additional info from subs); 6. Contractor finalizes bid; 7. Contractor submits bid; 8. Bids are opened

Answer 81

The rules by which the project will be bid include: 1. Instructions relative to the procedure for writing and submitting the bid (forms, items to be priced, alternatives only allowed where called for, etc.); 2. Contractor may be required to submit an experience record (used for post qualification); 3. Listing of all documents that are in the bid docs (dwg's, specs, alternates, instructions, etc.); 4. The construction time period; 5. Indication of who is responsible for subsoil data, test borings, errors in the plans, etc. and if a site visit is required; 6. The req's of the bid guarantee; 7. The insurance to be provided; 8. Bonding req's; 9. Conditions for handling bid irregularities; 10. Where and when to deliver the bids; 11. Closed or public opening of the bids stated; 12. Prebid conference may be described.

Answer 82

This issue involves post qualification and allows the owner to look at more than just the $ amount submitted. It allows them to review the contractors work history, if they are over extended on other projects, underfinanced, or simply inexperienced. The endorsement of a contractor by a surety is often deemed sufficient to satisfy this criteria.

Answer 83

One who has submitted a bid under a competitive sealed bid which conformed in all respects to the invitation for bids so that all bidders may stand on equal footing. One is responsive if one replies to the specific questions set forth.

Answer 84

Design completed before Bid, Bid completed before build. Advantages of this process include: 1. Owner benefits from competitive marketplace; 2. owner has the appearance of being impartial; 3. process fully embraces free market system; 4. may be the only viable method available for some gov. agencies. Disadvantages include: 1. Accurate costs cannot be known until the design is completed; 2. bids that exceed the owner's budget cannot be constructed without jeopardizing the project; 3. various parties tend to be adversarial under this process; 4. Errors or Omissions in the design may lead to costly change orders.

Answer 85

A local for subcontractors to submit their bids for a particular project.

Answer 86

The act of not allowing a bid to be included because of an impropriety in the process of submission or as a result of the owner's arbitrary decision to reject the bid (which they reserve the right to do in a typical contract). However, in rejecting a bid, they run the risk of interfering with the bidder's right to do work or of defamation of character.

Answer 87

Scheme in which businesses collude so that a competing business can secure a contact for good or services at a pre-determined price.

Answer 88

An independent administration to decide all public (not private) contract disputes used to help relieve the courts from the backlog of cases related to public contracts.

Answer 89

A term used to represent standard legal conditions inserted at the 'front end' of a construction contract and are usually titles "General Conditions", "Supplemental Conditions", and/or "Special Conditions". The benefits include the fact that many or all parties will likely already be familiar with the language used, because it is less expansive than having such language be drafted by an attorney and because this language has been properly vetted through the court system (i.e. all parties understand the legal ramifications of the language contained).

Answer 90

A legal instrument through which one party guarantees the capabilities of another party. It describes a legal relationship that is termed a 'suretyship'.

Answer 91

An insurance policy is a 2 party instrument between the insurance company and the insured that protects the insured against a specified type of loss. In a surety agreement, the contractor is not providing the guarantee for him/herself, but for the owner (a 3rd party).; Insurance premiums are based on actuarial rates while Surety premiums are structured on a set fee (they assume that no losses will occur).; By assuming no losses, the Surety is more like a bank than an insurance company in that if the principal defaults, the surety can go after them to recoup the money. As such they can also go after anyone that caused the default (i.e. subs, owners, suppliers, etc.); Insurance covers specific losses, while a surety bond is for losses of any kind under the type of bond provided; Insurance transfers risk while a surety agreement does not; The underwriter of an insurance policy often has the ability to cancel the policy during the policy period, however, a bond can not be cancelled once issued... even if the premium has not been paid.

Answer 92

Guarantees that a bid has been made in good faith and that the bidder will enter the contract if the bid is accepted. If the contractor chooses to withdraw from a project after being awarded a contract, the most typical outcome is forfeiture of money in the amount of the difference between their bid and that of the next lowest bidder, up to the face value of the bid bond. In some instances, the contractor may have to forfeit the face value of the bid bond outright. Generally 5% of the contract amount, but could range from 5%-20%.

Answer 93

This guarantees that the contractor will rectify defects in workmanship or materials for a specified time after project completion (i.e. a Warranty). A 1-year maintenance bond is normally included in the performance bond without any additional charge.

Answer 94

Guarantees that all bills and obligations incurred by the contractor will be paid ($ to subs and material suppliers). In private projects this prevents liens, in public projects this prevents stop notices from being filed.

Answer 95

Guarantees that the contract will be performed in accordance with the terms. It is valid for the life of the contract. This protection period extends through to final acceptance by the owner, and generally extends through the one-year warranty period. If the contractor defaults on the project, the Surety can (at its digression) take over the management of the project. They can provide financial support to the contractor to help them finish the job or take more direct involvement in project completion. To recoup the money paid if a default occurs, the Surety may use any defense that would have ben valid for the contractor (e.g. the owner not making payment, owner interference, unforeseen subsurface conditions, etc.)

Answer 96

This is the maximum value of work a contractor can take on. It is based on the "3 c's" of underwriting : Character, Capacity, and Capital. This dictates the size of a project the contractor can take on. If the project would cause the contractor to exceed its bonding capacity then the project is not worth taking on.

Answer 97

The general contractor subcontracts all work on a project. This is generally not beneficial to the owner since the GC's bid includes profit for both the sub's work and the GC's work. Typically contracts should state a minimum of work expected of the GC (25%, 50%, etc.)

Answer 98

Synonymous with 'Contractor', or a person whose occupation is the construction of structures, the controlling and direction of construction, or the remodeling of building and other structures.

Answer 99

Regulations that govern the manner of construction, height and material specified in a project. These codes are intended to provide a minimum standard that protect the public health and safety

Answer 100

Codes that specify a result, and are the common type that dictate the manner of construction materials, etc.

Answer 101

Codes that specify the manner in which a design must work.

Answer 102

The ability of a person or an organization to do something, necessary for parties entering into a contract.

Answer 103

Law established by following judicial decisions given in earlier cases.

Answer 104

A caution or a warning to an individual or entity to use care before proceeding.

Answer 105

A written and signed document establishing that a fact is true.

Answer 106

Document issued by the building inspector certifying that the project conforms to all relevant code section and is safe for use.

Answer 107

Document issued by the LA in which they certify that the contractor has adequately performed. This is given to the owner for payment to the contractor.

Answer 108

Document issued by the LA when the project, or a portion thereof, is complete to the degree that the owner can use it.

Answer 109

A change that is not within the scope of services defined in the contract. It is usually contingent on 2 factors: 1) a cardinal change is assumed if the essential identity of the project is altered; 2) the method or manner of the anticipated performance is so drastically changed that essentially a new agreement is made.

Answer 110

Items in contracts that refer to how changes will be handled usually include elements like: The owner has the right to make changes within the general scope of the contract; The contractor is obligated to perform the work necessitated by the change; The change must be in written form and must be signed; An adjustment to the contact price and/or contract duration will be assessed by some means, or can be predetermined.

Answer 111

Document issued directing the contractor to erect some portion of the project in a manner different than described in the original plans and spec's. This change MUST have an effect on the price and/or time of the contract, otherwise is considered a field order or minor change.

Answer 112

A meeting/workshop devoted to solve a problem or plan the design of something. This could take place over several days.

Answer 113

Consists of a list of tasks along the left side of a page. Horizontal bars along the right side indicate the scheduled start and finish dates for each task. Drawbacks include that they do not show the interrelationship among tasks nor do they indicate which activities are most crucial for completing the entire project on schedule.

Answer 114

A highly mathematical system in which task interrelationships are defined and task schedules analyzed. It is frequently used by contractors to schedule construction sequences and projects. It shows which parts must be started first (critical activities), which parts can't be started till others are done, and which can be done in parallel (noncritical activities).

Answer 115

A simple scheduling method that consists of identifying the target completion date for each activity, and may include the name of the person responsible for the task and later can have the actual completion dates. Drawbacks include that is only shows completion dates which may result in uncertainty about when activities should begin to be completed on time.

Answer 116

Civil suits relate to disputes concerning contract matters and torts while Criminal suits relate to violations of the law.

Answer 117

An written action initiated by one of the parties of a contract against the other party.

Answer 118

An agreement between 2 or more persons to defraud another

Answer 119

A process whereby sealed proposal are submitted to the owner for consideration. This is mandatory on public works projects. A private owner may use competitive bidding but is not legally bound by the process.

Answer 120

Once major construction work items are completed, the Punch List is prepared and the project is considered to be substantially complete (i.e. the owner may begin to occupy the premises and warranty's begin). Next Punch list items are addressed, Final inspection is conducted, Final completion is defined and the Project is accepted. Only then can the Release of retainage be requested and final payment made to the contractor.

Answer 121

An agreement that one party will provide compensation for another parties performance (an essential element for the formation of a contract).

Answer 122

Written document agreed upon by the people of the US or of a particular state as the absolute rule of action.

Answer 123

A process of professional management applied to a construction program from conception to completion for the purpose of controlling time, cost and quality.

Answer 124

ASLA's adopted construction specification format. It provides for a system for organizing the specs. CSI has also developed a Uniform System that provides a data filing system and a cost accounting system that is based on the CSI format. There are 16 divisions of the CSI Uniform System 1. General Requirements 2. Site Work 3. Concrete 4. Masonry 5. Metals 6. Wood & Plastics 7. Thermal & Moisture Protection 8. Doors & Windows 9. Finishes 10. Specialties 11. Equipment 12. Furnishings 13. Special Construction 14. Conveying Systems 15. Mechanical 16. Electrical

Answer 125

Possession or knowledge of something which gives ownership to the object or deed. Examples: A person possesses a key to a safe-deposit box which gives them power and control of the contents; a burglar gains constructive breaking into a house when they gain admittance through threat, fraud or conspiracy; Constructive fraud is a contract or act though not intended to be evil in design but as it is misleading or deceiving it is prohibited by law.

Answer 126

An individual or group of individuals may advise design professionals or land owners in a more specialized form of LA service (e.g. urban design, environmental impact, research, etc.)

Answer 127

A contingent liability is a liability or a potential loss that may occur in the future depending on the outcome of a specific event.

Answer 128

An uninterrupted, unbroken series of activities or events. E.g. the statute of limitation starts at completion of the project, however, the contractor is required to repair defects in the work and renders continuous treatment to the work, thus can extend the start of the statute of limitation period.

Answer 129

An agreement enforceable by law which is binding upon only those individual who are party to it (can be oral or implied). It is always best to be in writing stating scope of services, consideration that will be given for performance and the time in which performance is to take place. Though contract law varies from state to state, they generally fall under the law of the place where the contract was made or where it was enforced.

Answer 130

Typically contracts have an adversarial relationship between the 2 parties (i.e. your risk vs. my risk).

Answer 131

Assignment = to transfer; Refers to the transfer of rights or obligations to another party unless expressly prohibited by the terms of the agreement. E.g. the performance of personal services or personal skills of one of the parties are part of the consideration. A general rule is that the 2nd party to the contract cannot be placed in a worse position that would have been the case if the assignment has not been made.

Answer 132

An action arising due to a failure on the part of one or more parties of the contract to perform to the terms of the contract

Answer 133

Consideration is something of value and the primary reason or main cause for a person to enter a contract. It is NOT regarded as consideration unless it is accepted by BOTH parties. This can be in the form of an object, money, or even an act (early completion of a project at the expense of acceleration).

Answer 134

Competent parties are those persons legally and mentally capable of entering into agreements that are enforceable by law. Some persons, such as minors, persons under the influence of alcohol and other drugs, and mentally ill persons not declared insane, have only a limited capacity to contract.

Answer 135

Estoppel = prevented; A legal principle that a promise is binding in spite of the fact that no formal agreement was made between parties. i.e. a contract may be created by what a party does or says without a written document, and that party is then "estopped" from denying that a contract exists.

Answer 136

A contract that has been "executed" has been fully completed. All work performed and all payments made. A contract that is executory has some portion that remains to be done (e.g. work is done but owner has not submitted final payment). Note: that this is different from the phrase "execute a contract" which simply means that it has been signed by both parties.

Answer 137

A vague concept, but it is the presumption of what one party wanted to have done when entering the contract. E.g. a house is moved from one location to another and the contract says 'the house is to appear new and like it did in it's original location', however, another portion of the contract specifically states 'exterior to be painted and interior to receive touchup paint where needed'. This exact painting specification would be contrary to the "intent" of making the house 'appear new'.

Answer 138

The Subject must be definite and clearly defined, conform to the common law, cannot be contrary to public policy (any act that tends to promote breach of the law), and state or federal statues

Answer 139

A contract where the project will be completed for a fixed price and no more. The primary benefit is that all parties have agreed to a predetermined budget for a defined scope of services. While the total budget for a project can be altered by mechanisms such as change orders, the lump sum contract reduces the potential for significant cost overruns. According, and unlike unit price contracts, fixed-price contracts do not require precise measurements of in-place quantities to determine payment. Payments on a Lump Sum contract is based on a cost breakdown for the work performed during the period of payment (e.g. 1 month) and verified by the owner or Architect for reasonableness.

Answer 140

The parties of a contract agree on the basic meaning and legal implications of the contract on a basis of fact. Errors of fact (which can nullify a contract) can be unintentional, a misrepresentation, fraud, or by one party causing duress to the other (forcing consent to an agreement).

Answer 141

Evidence that an offer was made and that acceptance was definite, unqualified and unconditional (signed contract by both parties, or even the payment of a retainer noted in the contract is an act of qualifying acceptance)

Answer 142

Certain types of contract must be in written form (may not be oral contracts) include the sale of land, lease or rental of land by more than one year's duration, and any contract which will not be performed within one year from the date of the contract.

Answer 143

The contractor is reimbursed for most of the direct expenditures associated with a particular project PLUS an allowance for overhead and profit (usually a percentage). This can also have a guaranteed maximum so that the owner has a 'not-to-exceed' price on the total project (something that is difficult to do on this type of contract). This type of contract doesn't lend itself to competitive bidding and is almost exclusively used in the private sector. Also this type of contract doesn't place the owner and contractor in adversarial relationship (like most other contracts), however, the contractor must be trustworthy. Payments on a Cost-Plus contract is based on actual expenditures made on a project during the payment period (e.g. 1 month).

Answer 144

This type of contract is more for long term work, routine and/or unscheduled maintenance and repairs. The contractor will be 'on call' for any task to be done. The various types of work to be done will have a set price already determined, so there isn't any need to negotiate every time a task comes up.

Answer 145

The primary feature is that pricing for the various units of work is determined before the start of construction. The owner estimates the number of units for each element of work (e.g. excavation 2,500 cu.yd., concrete 2,000 cu.yd. etc.) then the contractor determines the unit price for the various items in the contract. The contractor must be careful in figuring the unit price as things like overhead and profit must be built into the price. Also, if forming is required for the concrete, the cost of that needs to be included as well. Unit Price contracts are appropriate when the project is fairly well defined, but the actual quantities are hard to estimate until after construction has started. Note that some Unit Price contracts may have a maximum quantity before the unit price must be renegotiated (e.g. 20-25%). After this point the owner can, if stated in the contract, adjust the unit price to lower his/her end costs. Payments for a Unit Price Contract are based on actual in-place field quantities.

Answer 146

The difference between balanced and unbalanced is not in the total price, but in the unit price of each item. For example, a bid may be for 3 items and total $120,000. The contractor may determine that most of the work will be at the start of the project, and therefore increase the unit price of the first item while lowering the unit price of the others. The result will still be a bid for $120,000, but there will be more money made at the start then at the middle or end. This will cover mobilization or other things that might not be an itemized part of the contract. This can hurt the owner in cases where this unbalancing is more extreme to an area where the contractor thinks the owner miscalculated the quantities. If the actual quantity is much higher than the owner expected, the higher unit price charged by the contractor leads to a much higher end cost.

Answer 147

Sometimes referred to as the 'boilerplate', augment the construction contract and outline the rules under which the project will be built. They establish the rights, authority, and obligations of the contracting parties: the owner, the owner's rep, and the contractor. It is preferred to use standard general conditions (AIA, etc.) so the language is familiar to all parties. This saves time and have often been court-tested so that the legal interpretation is known. (note this is typically non-technical information)

Answer 148

Consists of the bidding documents, general conditions, supplementary provisions, and the technical specifications. This is usually a single binder or "book", and can now be done online as well.

Answer 149

Broad term used to include all of the contract documents, with the exception of the drawings. This would include: Invitation to bid, Instructions to bidders, General conditions, Supplementary conditions, Bid proposal form, Bid bond form, Contract bond form, List of prevailing wages, Noncollusion affidavit, and Technical specs.

Answer 150

When an organization has standard, general conditions for inclusion in specifications, supplemental conditions are used to modify the general conditions to make them project specific. (e.g. which materials the owner will provide, start date of construction, job schedule requirements, traffic control requirements, etc.) It is possible for a supplemental condition to become a general conditions or part of the boilerplate once that item is no longer unique to one project.

Answer 151

Owner has a single contract for both design and construction (a.k.a. turnkey construction). This has the advantage of having the construction firm as a part of the design which helps to lessen design time and permit plans have a higher degree of constructability (minimal need for clarity or an RFI system). This may be done by either a single firm with all in-house people, or by a partnership between a design firm and a construction firm.

Answer 152

Contract method where the owner has a contract with the design professional, and then another contract with the Contractor. While the Designer will represent the owner during the construction process, they do not act as an agent and will not be a part of the bidding process.

Answer 153

Follows a more formal procedure to contract with a contractor: Public Ad which explains the project and the bid date; at a designated time, sealed bids are submitted at the location and manner specified in the ad; bids are opened and read to all in attendance; contract is awarded to lowest bidder. (a.k.a. Design - Bid - Build approach)

Answer 154

Owner hires a firm with construction expertise to perform management services on the owner's behalf. They are hired before the design starts and sometimes help with picking the designer. This allows the owner to have a knowledgeable agent who can review plans during the design phase, and perform value engineering to limit monetary commitments down the road. NOTE: the Construction Manager does NOT take on the risk, i.e. does not guarantee the construction cost, time or quality of the work.

Answer 155

Same as Professional Construction Management (above) but the Construction Manager takes on 'risk' of construction time and cost. The CM must compensate the owner when the construction does not meet up with the terms in the contract. Usually performed under a cost plus fixed fee with a Guaranteed Maximum Price (GMP) or not-to-exceed fee.

Answer 156

The owner does most of all or the work (possibly including design) in-house. This is usually only appropriate for small jobs with limited scope, however, it benefits from not requiring some or all contracts which keeps costs down (no profit/overhead paid to a GC).

Answer 157

This is where the Owner is actually the General Contractor and will hire the designer, and then sub's all themselves. Typically the Owner must be licensed as a GC or there will be complications when trying to pull permits. Usually only advisable if the owner has a competent construction manager to admin the project.

Answer 158

Anyone who contracts to provide the labor and services necessary to complete a project. When hired by an owner, they are considered the "prime contractor" but when hired by another contractor they are considered a "sub contractor".

Answer 159

The obligation which arises from a contract or agreement.

Answer 160

The sharing of a loss or payment among several debtors, or the act of one or several co-debtors in reimbursing one of their number which has paid the whole debt or suffered the whole liability to the extent of their proportionate share.

Answer 161

A legal entity that is formed by individuals for the purpose of conducting business. Once formed, it exists independently of the individuals that formed it and can carry on beyond the lives of those individuals. It also provides limited protection from liability (depending on state laws).

Answer 162

A usage or practice of people which by common adoption or habit has become compulsory and has acquired the force of law. E.g. the custom of using a trowel to finish a concrete slab; the custom of a LA to monitor the construction phase of work unless the written contract has a clause deleting that requirement.

Answer 163

Compensation which may be recovered in the courts by any person who has suffered loss, detriment, or injury, whether to their person, property, or rights through the unlawful act, omission, or negligence of another.

Answer 164

Real, substantial, and just damages, or the amount awarded to a complainant in compensation for actual and real loss or injury.

Answer 165

Repair or replacement of the loss caused by the wrong or injury and nothing more.

Answer 166

Damages that can be proven to have occurred because of the failure of one party to meet a contractual obligation. They go beyond the contract itself and into the actions garnished from the failure to fulfill.

Answer 167

Loss suffered as a result of extended time from the original time stipulated in the contract. E.g. Owner agrees to not pay bank loan for 1 year during construction, construction runs longer and owner is forced to pay.

Answer 168

Damages agreed to in the contract to be collected as compensation upon a specific breach (e.g. late performance)

Answer 169

Monetary compensation awarded to an injured party that goes beyond that which is necessary to compensate the individual for losses and that is intended to punch the wrongdoer.

Answer 170

Mutual Agreement; Granting by the owner the use of private property for public use (highway, street, park, school, etc.). If the public has been grated this right for a long period of time, the owner will not be able to deny continued use. However, if that public use stops, the private owner has free use of the property again. With dedication, the land remains under the ownership of the private citizen (no transfer of title).

Answer 171

An omission of that which ought to be done or a failure to perform a legal duty.

Answer 172

An allegation of a defendant which, admitting the matters of fact alleged by the bill to be true, shows that they are insufficient for the plaintiff to proceed upon or to oblige the defendant to answer.

Answer 173

Ownership should be established in the contract, however, if NOT listed there then the Designer retains ownership. EXCEPT in Public Works projects.

Answer 174

A change made in the progress of work from the original terms, design, or method agreed upon.

Answer 175

In the event that the physical conditions at the site of the work vary materially from those in the design or reasonably anticipated and in a manner which increases the time or cost of performance, the contractor is entitled to additional compensation or extension of time.

Answer 176

Any statement intended to specify or delimit the scope of rights and obligations that may be exercised and enforced by parties in a legally recognized relationship.

Answer 177

The process of revealing evidence held by one party to an action.

Answer 178

The efforts of a party to a lawsuit to obtain information before a trial through demands for production of documents, depositions of parties, written interrogatories, written requests for admission of fact, examination of the scene, etc.

Answer 179

Instruments which record matter which may be evidentially used; deeds, agreement, title papers, letters, receipts, and other written instruments used to prove facts.

Answer 180

As-Built drawings represent changes to the design based on actual site conditions. The Record Set is the original set of plans on which the bid was made. The record set is useful in litigation as it will be used to compare what was actually constructed with what the contractor originally anticipated.

Answer 181

An obligation that a Landscape Architect is bound or required to perform

Answer 182

An obligation to not manipulate the environment to causes conditions that endanger the health of the public (not just the client, but anyone)

Answer 183

An obligation to provide sufficiently sound construction design that can support the use intended

Answer 184

An obligation to preserve the economic value and natural resources of land

Answer 185

Additional cost incurred by an individual other than property damage or personal injury.

Answer 186

The right of the government or public agency to take possession of private property for public use. The property can only be taken after the landowner has proper notice and been give time to make a case against the seizure of the property. Also, the landowner must receive fair compensation for the seized land, the quantification of which must be determined through judicial proceedings.

Answer 187

A person with a particular expertise in a limited area of design and may specialize in structural, mechanical, electrical, civil, or plumbing design. Typically the only deal with a small subset of the project, while a LA may deal with the broad scope. In some cases the role may be reversed (such as industrial or municipal work (e.g. roadway)) in that the engineer will be the prime and the LA will be the sub.

Answer 188

Equity = Fairness and Doctrine = a legal rule or principle

Answer 189

Originally separate from courts of law, but handled lawsuits and petition requesting remedies other than damages such as writs, injunctions and specific performance. The Bankruptcy court is an example of a court of equity.

Answer 190

While performing this task, existing site conditions, the scope of work related to the proposed design, the project schedule, and the anticipated cost of materials all have an impact.

Answer 191

Part of a contract that restricts the signer from buying , selling, promoting, using portions of design, or even working for anyone other than the person or company listed in that contract. Typically used to state that the design used on a project may not be reused elsewhere.

Answer 192

Clause in which a party who may suffer a loss agrees not to institute legal action against the party who may cause the loss. Indemnification clauses and disclaimer clauses are examples. E.g. No-Damage-for-Delay Clauses state that if anyone causes a delay for the contractor (other than the contractor themselves) only a time extension of that lost time will be recouped, the contractor can't seek damages.

Answer 193

A person processing special or particular knowledge acquired from practical experience.

Answer 194

A promise created that clearly stated either verbally or in writing what is to be covered by the warranty.

Answer 195

A way of organizing a design program which allows the contractor to begin construction on earlier phases of the project before the plans are completed for the entire project. As changes may result when going from phase to phase, provisions must be included in the contract to compensate the contractor for additional work.

Answer 196

A person or organization who is responsible for managing money or property for another person or organization.

Answer 197

An engineer assigned to a project during the construction phase and located at the project on a full-time basis.

Answer 198

A document issued by the LA directing the contractor to perform in a manner different from that described in the plans and specifications. It is issued when the modification will not affect the money and/or time spent on the project.

Answer 199

A contract provision or legally recognized process which states that the decision rendered in the settlement of a dispute is final. E.g. an arbitration decision is final.

Answer 200

In a contract between a sub and the prime contractors, the performance of the sub will be tied to the prime in the same manner as the prime's performance is tied to the owner. Where a sub might perform a greater duty than the prime, the sub has the same contractual requirements as the prime has to the owner.

Answer 201

An organization not incorporated in the state or jurisdiction in which it is performing work. A contractor must meet the legal requirements of the state in which it is performing work (i.e. they may be required to obtain a license for work in that state).

Answer 202

(being replaced by parol evidence rule) states that a contract that is complete and unambiguous on its face must be interpreted according to the terms of the written agreement itself. In a court of law a person may not state oral or implied evidence that contradicts what is written in the contract.

Answer 203

The description of a willful act commenced with the Specific Intent to deceive or cheat, in order to cause some financial detriment to another and to engender personal financial gain.

Answer 204

The builder of the portion of the building which is considered the general portion not to be confused with the 'prime' contractor.

Answer 205

A promise to answer for payment of debt or performance of an obligation if the liable person fails to make payment or perform the obligation.

Answer 206

A promise to pay any costs or claims which may result from an agreement. i.e. an unknown lawsuit stems from the situation and the owner agrees to cover the costs

Answer 207

Exemption from performing duties which the law generally requires others to perform.

Answer 208

Where the intention is not by an explicit and direct word but is gathered by deduction from the circumstances.

Answer 209

An agency relationship created by an act of the parties and deduced from proof of other facts.

Answer 210

Items that a court will assume are intended to be included in a contract, even though they are not expressly stated. Typically to rely on a court's interpretation of 'implied' terms is not desired, as such contracts are usually very lengthy.

Answer 211

An 'out' in a contract when a task is physically impossible to perform. 3 factors must be true: 1) the impossibility must be in the act itself and not just because of the way the contract is worded 2) it must not have been foreseeable before starting the project 3) the person seeking to be excused from the act must not be responsible for the impossibility

Answer 212

The doctrine that recognized that in some cases contract performance may become so costly that its impracticability makes it the equivalent of impossibility.

Answer 213

The understanding charged to a person because the fact in issue were open to discovery and it was that person's duty to know them. E.g. a stores stairway is broken and a patron gets injured by walking on them, it was the owners duty to know that their own stairway was safe so that knowledge of the defect is imputed to the store owner.

Answer 214

When one contract refers to another instrument where the terms and conditions of that become a part of the original contract, the 2 in combination become the agreement of the parties.

Answer 215

A process of one party compensating another party for losses that they have incurred or will incur as related to a specific incident.

Answer 216

Client enters into a contract with a contractor for construction of a project, contract doesn't state how the contractor does his/her job but the specific results that they must produce. The contractor is thus independent of the client in the means utilized to produce the specified result.

Answer 217

The LA as agent for the client must refrain from exercising control over the means that a contractor uses to product the result. So telling a contractor that they are doing something wrong and letting them handle the means to fix that issue rather than talking directly to their sub-contractors or workers. Doing the latter may change the status of the Contractor from Independent to Employee making the Client responsible for carelessness and injury rather than the 'Independent Contractor'

Answer 218

An order written by a court forbidding a person or company from performing some act.

Answer 219

The inspectors assigned to a project for the purpose of carrying out the quality control plan.

Answer 220

A contract where for a stipulated instance, the insurer or underwriter will compensate the insured for loss.

Answer 221

During construction, damage to a structure (caused by fire or some other means) is covered through builder's risk insurance and not insurance obtained by the owner. It is the General Contractors (not the owner's) responsibility to obtain this insurance.

Answer 222

A type of insurance that provides protection from third-party lawsuits including property damage and bodily injury. This does not, however, protect the contractor's own property. There are 2 types of coverage: 1) Occurrence-based which provides for claims that arise during the policy period regardless of when the claim is actually filed (e.g. you breath in toxins while the policy is active, but the effects do not manifest till 2 years later once the policy has already expired. You can still claim since the damage occurred during the policy). 2) Claim-made which provides protection only for claims that are filed during the period when the policy is in effect. This is obviously a cheaper type of insurance to purchase.

Answer 223

Usually only an attractive type of coverage for very large firms. The firm will pay a premium estimated at the beginning of the year ('cost'). The estimate will be based on # of employees, hours worked, etc. Then at the end of the year, the total of actual claims will be figured and an amount will be paid ('plus') to cover this. On a year with very little claims, this can be a very cheap type of policy, however, on years with lots of claims this can end up costing the contractor more then a regular policy.

Answer 224

Coverage that extends the limits of liability coverage. It is essentially a separate insurance policy that uses the limits of the basic liability policy as the deductible amount.

Answer 225

Enacted in all 50 states, compensation is granted for disability and medical treatment for injuries resulting from accidents occurring as a result of employment, regardless of fault. However, compensation does not provide blanket coverage. So if a worker is intoxicated or guilty of willful misconduct, they will not be covered.

Answer 226

A means by which a contractor can demonstrate to the owner that specific forms of insurance have been obtained.

Answer 227

Direct funds are visible or readily identified as being related to insurance. So a contractor may get a large dividend check for the year from their insurance company, and believe it's loss prevention program must be working for them to get such a large check. However, they may be failing to notice the Indirect expenditures of their insurance premium (since they have simply gotten used to it as something they pay without thought (i.e. a necessary evil)). This premium might add up to 10 times the amount of the supposed "large dividend check" but since the premium is an Indirect fund this issue might not be noticed.

Answer 228

If an Insurance company takes in a lot of premiums but does not have to pay out much during the year, they would be left with a surplus of cash. They may opt to return portions of this surplus to clients with relatively low losses. This return is called a dividend and are usually paid on an annual basis if the company offers this feature. However, note that even if they offer this feature in their policy's, they are under no obligation to pay and if they have a bad year will not pay anything generally.

Answer 229

A ratio between the costs for handling the insured's claims divided by the total insurance premium paid by that company. An insurance company will be reluctant to provide insurance coverage to a client whose loss ratio is 1.00 or higher.

Answer 230

The money paid for an insurance policy, payment of which guarantees that the policy will be effective for a stated period of time.

Answer 231

An estimated amount of money set aside to pay for claims that may extend into the future with unknown cost impacts. E.g. someone gets hurt and it takes months for them to heal with an unknown amount of doctor visits, etc.

Answer 232

If available in their profession or allowed in their state, a company can act as its own insurance company. Laws stipulate that to qualify for self-insurance, a firm must meet certain minimum standards, particularly in the area of financial stability (a careful investigation must be conducted to demonstrate this stability).

Answer 233

Means the substitution of one person for another in claiming a lawful right or debt. So if the insurance company pays on a claim, it gains the insured's right to sue. E.g. Insurance company pays a contractor for damages caused by a sub-contractor, through subrogation the Insurance Company now has the right to sue the Sub-contractor for recovery of the money paid out to the contractor.

Answer 234

The act of hampering the affairs of others. If the acts of an LA or owner interrupts work of a contractor, they may file suit for interference. However, the court will most likely require that the interference be intentional and not merely negligent.

Answer 235

A solicitation for competitive offers on behalf of contractors to a procuring agency or owner. The invitation is not an offer to contract, but is simply a request for offers.

Answer 236

An agreement whereby individuals act in concert to provide a specific goal for profit that is limited in duration (e.g. LA and Civil work together on a parking lot)

Answer 237

Belonging to the office of a judge, as in a judicial authority, a court of justice, a judicial writ, or a judicial determination.

Answer 238

Pertaining or relating to the courts of justice, to the judicial department of government, or to the administration of justice

Answer 239

The person or organization licensed by the state, hired by the owner to design the project whose duties consist primarily of the production of the plans and specifications from which the project will be constructed. The LA may also preside at the bid opening, monitor the construction process to assure the owner's interests, and approve payments to the contractor. The LA's relationship to the owner is that of an independent contractor.

Answer 240

Hidden or not apparent. E.g. a latent defect would be a fault that could not have been discovered by a reasonably through inspection.

Answer 241

Responsible or answerable in law; legally obligated. If you are liable for a fault, you are responsible.

Answer 242

The intentional injury to the name and reputation of another through WRITTEN communication (May be grounds for a lawsuit). NOTE: Must be intent to injure, it must be untrue, it must be told to another person, and there must be injury

Answer 243

Certificate or document which gives permission to do some act

Answer 244

A legal claim placed on property giving the party filing the lien the right to retain possession of the property until a debt payable is satisfied.

Answer 245

Liens designed to protect workmen, materials, supplies, contractors, subcontractors and LAs. They arise out of failure to pay for the work done to increase the value of the property through design, labor, services performed, or materials incorporated into. NOTE: In some states a professional can't claim a lien for professional services since these are not defined as labor.

Answer 246

A document used to certify that a portion of the total amount due to a subcontractor has been paid and there-fore can not be used as a basis for a lien against the property.

Answer 247

Sub supplies material/labor -> Sub issues Notice to Owner to secure lien rights -> Owner pays GC for labor and materials… at this point either the GC pays the Sub or the Lien process can begin -> IF sub is paid, then sub signs a waiver of liens (partial or full release) for owner

Answer 248

The right of the government to retain possession of property until the tax on it has been paid. If not paid when sold, the lien transfers to the new owner. If the debt remains unpaid, the government can force the sale of the property in order to collect the tax.

Answer 249

A document issued upon completion of work signifying that all monies have been paid and that the right to lien against the property is removed.

Answer 250

A stop notice permits a works, materials supplier, or subcontractor to notify the owner when a general contractor has failed to make payments for labor and/or materials. Upon receipt, the owner will make no further payment to the GC until the claimant has been paid. This is typically used for public property projects where the land only has value to the city and can't be sold to recoup damages (i.e. no one is going to buy a Library to satisfy a lien)

Answer 251

Avenue of resolving conflicts that arise in practice with disputes being settled in a court of law.

Answer 252

An action initiated by the client arising due to an alleged failure on the part of the LA to competently provide the services of the profession.

Answer 253

It is not a distinct crime or tort but may be used to generally describe any act that is criminal or wrongful.

Answer 254

A writ or order that is issued from a court of superior jurisdiction that commands a lower court, corporation, or individual to perform or not perform a particular act, the performance or mission of which is required by law as an obligation. E.g. a public body is withholding the execution of a contract, a writ of mandamus may be applied to compel that body to act.

Answer 255

A judicial order (written or oral) from a court; or a direction that a court has the authority to give and an individual is bound to obey. Alternately it can be used synonymously with the term Power of Attorney in which it is an act which one individual empowers another to conduct transactions in that person's name.

Answer 256

Clauses which must appear in the contract writing due to their legal status as a federal, state, or local law.

Answer 257

A long-term planning document that provides a conceptual layout to guild future growth and development.

Answer 258

A deviation from that which was specified in the original contract documents. In a bid process a material variance is one that gives a bidder a substantial advantage or benefit over other bidders.

Answer 259

A nonbinding method of dispute resolution that contains elements of negotiation and arbitration. However, unlike arbitration if the mediation fails, the fight can still go to court.

Answer 260

A phrase in contract law used to describe the intentions of the parties forming the contract. In particular, it refers to the situation where there is a common understanding in the formation of a contract, i.e. nothing is kept secret by one party

Answer 261

The warranty of merchantability is implied, unless expressly disclaimed by name or the sale is identified with the phrase "as is". To be merchantable, the goods must reasonably conform to an ordinary buyer's expectations, i.e. they are what they say they are.

Answer 262

An assertion by words or conduct that is not in keeping with the facts and is a tort or civil wrong that can create civil liability if it results in loss. E.g. a real estate agent owns swampland but advertises it as commercial property. If a person buys it while relying on the professionals statement that it is in fact commercially valuable, the buyer may sue for monetary losses resulting from the purchase.

Answer 263

An acting by two parties to perform a duty toward each other. E.g. in a contract mutual assent is often established by showing an offer and acceptance (signing of the contract).

Answer 264

A failure on the part of one person to exercise sufficient care or precaution to protect the health and safety of another person. This can be in the performing of an act or even the performing of an act that is not reasonable to perform.

Answer 265

A clause in a contract which grants a party an extension of time but does not reimburse that party for any additional costs suffered during that time.

Answer 266

A wrong committed against the real property (i.e. land) or personal property owned by another that does NOT involve entry upon the land, but causes physical discomfort to the landowner (e.g. noise levels due to a design on an adjacent property)

Answer 267

Of no validity or effect. E.g. a contract can be considered voided if a professional is not licensed to perform in a certain state, then they do not have the capacity to execute the contract in that state which makes it null and void.

Answer 268

An act which the opposite party may treat as though it had not taken place or which has absolutely no legal force or effect.

Answer 269

An act on the part of one party whereby it gives to another the legal power of creating the obligation called a contract. A request for a proposal is not an offer, but the proposal submitted in response is. A request for bids is not an offer, but the proposal submitted in response is. There must be a clear acceptance of the offer by the other party.

Answer 270

A choice, usually in construction it is presented to the building contractor in the form of materials and/or methods which it may choose in order to meet other requirements of the contract. It has no effect on the cost to the owner.

Answer 271

A federal act creating an agency responsibly for safety and health in the work place.

Answer 272

The costs associated with operating and maintaining an office. E.g. office supplies, leasing an office space, in-house printing, new telephones, etc.

Answer 273

The party that will take title to the property when it is completed.

Answer 274

Verbal evidence, e.g. testimony of a witness at trial.

Answer 275

If an agreement between two parties is made in writing, the parties may not present evidence in court of any oral or implied agreement that contradicts what is written down.

Answer 276

A relationship whereby two or more individuals agree to provide services in business for profit. They must have a common business purpose, share in profits and loses, they will share in the legal liability of partners for business decisions of partners, can share ownership of property, and has unlimited liability to creditors. NOTE: While the owners must pay income tax, the partnership itself does not.

Answer 277

A partnership can be dissolved by any of several means: The death of a partner constitutes automatic dissolution unless provisions are made that the surviving partners will purchase that partners interest in the company; Bankruptcy; a duration provision in the articles of partnership; the mutual agreement of the partners; if one of the partners is judged to be insane; if one of the partners decides to withdraw; a court decree; a change in the partnership which will dissolve the original partnership; or expulsion of a partner for just cause.

Answer 278

Priority of disbursement is as follows: 1. Outside creditors are paid first, if the partnership doesn't have enough money to cover, the partners must cover the rest out of pocket. 2. The repayment of loans or advances to the partnership made by any of the partners (beyond the initial capital to startup the company). 3. Each partner's capital investment. 4. Anything left is split between the partners unless otherwise specified in the partnership agreement.

Answer 279

Each partner is an agent of the partnership, has the power to enter in binding contracts in the name of the partnership, and may be used to regulate some aspect of the powers available to each partner.

Answer 280

A limited partner generally contributes some tangible asset to the partnership (cash or real estate) and shares in the profits and losses of the business. However, unlike in a general partnership, a limited partner provides no services, has no management role, and their liability is limited generally to no amount greater than the amount of the investment made in the firm.

Answer 281

A silent partner is a person who is a partner in a firm but remains unknown to the public. They are not active in the management of the regular business affairs of the company and will remain anonymous.

Answer 282

Determines weather the danger which caused the damage was latent (hidden) and beyond the control of the observer. E.g. At the time of building turnover to the owner, if the danger can be observed but the owner doesn't make the contractor aware, the owner will be held responsible for any future damage, however, if the danger is latent and not observable by the owner, then the contract will be held responsibly for any future damage.

Answer 283

A person or organization which brings action or which complains or sues.

Answer 284

On a private project, unless stipulated otherwise in a contract, the information shown in the specifications should prevail over that shown in the plans when conflicts arise between the 2 documents. However, during a public project, the majority of the contracts dictate that plan information should prevail over that shown in the specifications.

Answer 285

Evaluations used to determine if the design as it was built meets the needs of the owner and site users. As such, they can provide the design team with valuable feedback and help them understand what aspects of their design were successful and what aspects could be improved in the future.

Answer 286

Application of the skills, knowledge and abilities of the LA on behalf of a private client that is generally operating for financial profit.

Answer 287

Services are delivered through employment by a unit of government. May be administration, design, analysis, or policy formulation.

Answer 288

Laws which prohibit non-licensed individuals from providing or advertising the services of a LA.

Answer 289

A principle of law actually presented to a court of authority for consideration has been declared to serve as a rule for future guidance in the same or similar cases. Matters that only appear in the record and are not directly decided are NOT a part of this.

Answer 290

A hostile acquisition; The acquisition of property that has been used by the public for a certain period of time (falls under state law so time frame differs from state to state). E.g. a private road is being used for 7 years by the public, proceedings can be followed to acquire the road as public property after that amount of time.

Answer 291

The party signing a contract with another party to directly perform the work required by that contract.

Answer 292

relationship of 2 parties to a particular transaction. E.g. a contractual relationship between the owner and design professional and the owner and the contract constitute privity, however, there is NO privity between the design professional and the contractor.

Answer 293

A rule from the 1800's which left a 3rd party out from a lawsuit because there was no privity between them and the contracting parties. Has more recently given way to the notion of third party liability.

Answer 294

A unique set of activities planned with consideration to limited resources, expecially time and budget, and executed in order to produce a defined outcome that can be assessed against the original scope.

Answer 295

The primary goal of project closeout is to ensure the quality of the completed project, despite the contractor's desire to closeout as fast as possible.

Answer 296

A system of organizing a construction project from conception to the completion of the project and includes management of the preparation of the contract documents, the bid process, and the construction phase. Has the ability to improve communication and the working relationship between all Major parties of a contract (Owner, Desiger, Contractor).

Answer 297

5 Phases of a Project: Start - Planning - Design - Production - Clouseout 6 Activities of Project Management: Defining - Planning - Directing - Coordinating - Monitoring - Learning

Answer 298

Consists of Project Objectives, Project Team, Project Schedule, Project Task and Budget, Quality Control Procedures

Answer 299

A proprietorship is owned by an individual, require no formal documents for its establishment and can be discontinued at will at any time.

Answer 300

A formal declaration whereby a person expresses a personal objection or disapproval of an act. It is usually made to save some right that would be waived unless they stated their negative opinion formally.

Answer 301

Policy in regard to assuring that quality will be achieved on a project.

Answer 302

A plan to implement the policies stated in the quality assurance statement of an organization.

Answer 303

The implementation of the quality assurance plan, usually during the construction phase.

Answer 304

A group of personnel assigned to implement quality control during the construction phase.

Answer 305

An implementation plan for application of the quality assurance policies during the construction phase.

Answer 306

The action taken and discretion exercised by public administrative agencies or bodies that are obligated to investigate or ascertain facts and draw conclusions from them as the foundation for official actions. A LA may act in a quasi-judicial role when settling a dispute between the owner and contractor. In this role, that designer is granted immunity.

Answer 307

The practice of exchanging things with others for mutual benefit, especially privileges granted by one country or organization to another.

Answer 308

The acquisition of something of value through the judgement of a court, as the result of a lawsuit initiated for that purpose. E.g. you might obtain recovery in the form of damages for an injury. Also can describe the amount collected itself.

Answer 309

receiving satisfaction for any injury sustained; compensation for injuries sustained.

Answer 310

A rule or order prescribed for management or government, they must be adhered to or a citation will be issued for their violation upon detection.

Answer 311

A provision of most invitations to bid for both public and private works that allows the owner or contracting agency the right to reject any and all bids. Some states require just cause while others do not require any reason for rejection.

Answer 312

One who stands in the place of another, usually as executor or administrator but not as an agent.

Answer 313

An amount of money established by a fixed percentage agreed to in the contract that is withheld by one party from the other as a means of security and/or assurance of performance. E.g. the owner may withhold 10% of the amount paid on the progress payments until 50% of the work is completed. Then they discontinue withholding the retainage.

Answer 314

A right-of-way (ROW) is a tract of land usually consisting of a series of connected parcels of property that is used for the operation of a road or public utility. General rule is that all parcels must be adjacent and that no gaps may exist in the tract. While ROW generally consists of an actual transfer of land title, an alternate for it is an "easement" which states the limited and specific use of a piece of property (e.g. underground sewer line - once in place above ground activities are not affected).

Answer 315

The right of an owner to have land supported by adjacent lands (i.e. the grades on your property can not be altered to cause damage to adjacent property). E.g. retaining wall on an adjacent property collapses because you excavate on your property and cause the subgrade to be washed out.

Answer 316

The rights of ownership of land adjacent to both banks of a non-navigable stream. The owner of land adjacent to a stream has a right to the reasonable use of water flowing past the land.

Answer 317

Indemnification clauses, surety requirements (bonds), "no damage for delay" clauses, etc. Anything that minimizes risk to a party. E.g. the prime contractor can have a clause with their subs to only pay them once they have been paid from the owner.

Answer 318

After award of the contract and prior to starting work, the Contractor shall submit to the Owner a progress schedule or critical path schedule which shows the proposed sequence of work, and how the Contractor will complete the items of work within the number of working days set up in the contract. Contractor will confer with the Owner at regular intervals about the progression of work in accordance with the critical path schedule.

Answer 319

Used as a management tool in monthly pay app processing and can be used to evaluate a projects progress as a completion percentage.

Answer 320

An analysis of needs of a project

Answer 321

Resource analysis, market studies, and feasibility studies

Answer 322

Generalized plan illustrating the major organization of a specific site plus other aspects such as general financing, market feasibility, phasing, location of major physical elements, etc. (e.g. a diagram depicting locations for commercial, mixed-use, residential areas on a proposed site)

Answer 323

Studies which involve consultation on specific factors relevant to site inventories such as climate, soils, geology, hydrology

Answer 324

Advising, organizing, and supervising of design teams (i.e. client designer relationship)

Answer 325

Protection against failure of performance, terms usually applied to an obligation. E.g. a bond is considered security against default.

Answer 326

A contract that shows what specific items will be performed by a consultant (e.g. surveyor performing a survey, what info should be on the plan). Note that if once the survey is complete, if basic items are missing and they were NOT defined in the service contract, then a contract for Additional Services would have to be created to provide that info even if it was 'assumed' to have been part of the scope.

Answer 327

A document that takes into account current and future needs and addresses a variety of resource issues includeing things like maintenance budget, site energy and water use, the needs of the site users, future site uses, methods of dealing with invasive species, and even plant replacements.

Answer 328

May show building footprint, travel ways, parking, drainage facilities, sanitary sewer lines, water line, trails, lighting, and landscape elements. Includes general specifications.

Answer 329

The intentional injury to the name and reputation of another through VERBAL communication (May be grounds for a lawsuit). NOTE: Must be intent to injure, it must be untrue, it must be told to another person, and there must be injury

Answer 330

Written instructions to a contractor that supplement drawings. They define the standards of materials and workmanship that a contractor must produce, define the physical, technical, and operational aspects of a constructed design, they are given greater legal significance than drawings in the event of a conflict between spec's and drawings. Together the specification and drawings form the technical requirements of a job.

Answer 331

These items state something to the effect of "The intent of this spec is to provide…". This means that the Architects 'intent' is to be construed from the drawings and specs, so a contractor is being asked to include items that were not shown because the Architect 'intended' for them to be there.

Answer 332

The idea in which an owner will accept material of differing quality by paying more for higher quality work and less for lower quality work. E.g. compaction of subgrade, if the contract says an average of 90% compaction is sufficient the owner will pay the contract amount for that work. However, if the contractor goes further and does a 95% level of compaction, this would warrant a small increase to the payment per square footage of area done, while only doing an 85% compaction would result in a small decrease in payment per square foot. Then anything less than 80% would not be acceptable.

Answer 333

This spec ensures that only a specific type of item or system is used and does not have any flexibility to use an 'equal' item. As such this is generally only allowed in private construction as public projects require competition (i.e. an "or equal" standard). It can be either a performance or design spec. To be used in a public works project, a min. of 3 manufactures must be named which makes it an 'open spec', however, still restrictive.

Answer 334

SEE CONSTRUCTION SPECIFICATION INSTITUTE FORMAT (CSI)

Answer 335

For a spec to serve its purpose it must satisfy some basic criteria including: Technical accuracy and adequacy; Definite and clear stipulations; Fair and equitable requirements; a format that is easy to use during bidding and construction and legal enforceability

Answer 336

Nonrestrictive in that they allow a wide variety of choices. This spec gives the contractor the widest opportunity to get the lowest prices for delivering the project.

Answer 337

A proprietary specification that has the words "or equal" after it. This should be avoided without showing what the 'equal' brands/models include. If this is used, there should be time allowed for contractor to submit products for approval before the bidding is finished.

Answer 338

A more open spec in the it allows for all acceptable products an opportunity to be considered. This places the determination of the acceptability of the substitution directly with the Architect or Engineer.

Answer 339

A document that specifies the operational requirements of a component or installation, i.e. it must tell the contractor what the final installed product must be capable of doing, but not how to accomplish the task of meeting that standard. E.g. the installation of a pump for irrigation that must have a pumping rate of X, a pressure of Y, the temperature will be between A and B, and with a pH of Z; or the strength of concrete shall be 3,000 psi but NOT its finish or general workmanship.

Answer 340

Combing both a performance and design spec into one is generally a bad idea, as if the contractor follows the procedures as specified, they will not be bond by the performance portion of the spec. (e.g. the wall shall consist of 2x4's spaced at 24" o.c. and shall support a vertical load of 500 lbs per lin.ft. - i.e. if 2x4's 24" o.c. only supports 250 lbs/lin.ft. that's not the contractors problem as they followed the design spec)

Answer 341

Spec's that require the use of a single approved product type and are often used where there is existing equipment or installations already on site. AE's typically avoid this spec due to it leading to the perception of favoritism toward a certain manufacturer and may eliminate competition during the bid phase, which may increase the project cost. This is a 'closed' type specification.

Answer 342

Provides a much more detailed explanation of the materials that the contractor must use and the means of installing those materials. These spec's sit more of the project design control onto the shoulders of the AE and away from the contractor, and it provides more certainty regarding the final product composition than the performance spec. It will typically be formatted into 3 sections: 1) General - contains reference to national standards, design requirements, a list of submittals from the contractor to the Arch, quality control requirements and product handling requirements. 2) Products - describes in detail the various products required for the task along with the individual structural and performance requirements of each product. 3) Execution - explains how to prepare the materials and conduct the installation, including the testing requirements to be followed. NOTE: A contractor that follows the design spec's to the letter, but the item being constructed fails, is NOT at fault. The owner must assume responsibility.

Answer 343

These are found in technical specifications and make items, established tests, or formal procedures a part of the contractor documents by reference. E.g. "this item to conform to ASTM-#". Ref specs not only specify quality, they also set up a standard procedure by which the acceptability of the finished product can be determined.

Answer 344

An entire set of technical specs that have been developed by an owner. Once developed, they can be used for many similar projects and will apply to the entire industry (e.g. for building a highway, bridge, etc.)

Answer 345

These cover information that is not easily shown on the drawings, or if shown would clutter the plans with a great deal of text. These are to cover such topics like: quality of concrete, quality of workmanship, preparation of soil, compaction requirements, etc. They will follow the CSI format in many cases, and be shown in a standard format: General - which stipulates the ground rules for the work to be performed and defines the scope of work to be performed within the spec section; Product(s) - which describes the materials, equipment, accessories, components, fixtures, etc. and the development and manufacturing process to be used in producing them; Execution - which describes the preparation, workmanship, installation, erection, and application procedures to be employed along with quality requirements and performance criteria that must be satisfied.

Answer 346

They will be in a single binder (or 2-3 if too much material for just 1) and of this the technical spec will be in the later portion (can be more than half of the book). They typically follow a general order of the construction process starting with site-type items and conclude with the finish items.

Answer 347

General recognition and conformity to established practice; a 'standard' of practice.

Answer 348

Standard which a professional must exercise to the degree of care and expertise which a reasonably competent professional of the same discipline would exercise under the circumstances. The standard is established by the professionals working in the same geographic area.

Answer 349

Term introduced by the A.I.A. in 1963 to help minimize the responsibility of guaranteeing the cost estimate. Prior to that time, 'cost estimate' was used.

Answer 350

An act of legislature declaring or prohibiting something, these laws must be adhered to by all parties within that jurisdiction.

Answer 351

A statute that requires certain kinds of contracts to be put in writing or it may not be substantiated as legally binding in a court of law. However, certain aspects of oral agreements are legally binding within certain parameters established by the Uniform Commercial Code.

Answer 352

Refers to the time to file a lawsuit for latent defects after it has been discovered. State specific and ranges from 1 year to 3 years.

Answer 353

Generally a longer period of time than a statue of limitation, and it stipulates the time that the owner has to discover any latent defect after the completion of the project. This is state specific and can vary from a 4 year to 15 year time frame.

Answer 354

Absolute legal responsibility for an injury that can be imposed on the wrongdoer without proof of carelessness or fault. E.g. Owner of an animal that gets lose and causes damage to property. The owner can be held liable due to it being their responsibility to have keep control over the animal at all times.

Answer 355

A party which takes over portions of a contract from the principal (prime) contractor or another subcontractor. Most subcontractor contracts hold them to the same terms and conditions which are established in the prime contractor's contract. Generally subs specialize in a specific building trade and as specialists they are licensed by the state in which they operate.

Answer 356

A way for contractors to submit information to the owner for their approval. This can be by way of cut sheets, working drawings, shop drawings, descriptive data, certifications, methods, calculations, material samples, test data, photos, and manufacturer's instructions. The contractor must be certain that the product/method being submitted satisfies the spec's, even owner's approval will not release the contractor from liability for using that material.

Answer 357

Where there has been no willful departure from the terms of the contract and no omission in essential points; only slight variances from the exact terms and/or unimportant omissions or minor defects. A simple test is whether the omission or defect can be compensated for with money. E.g. owner buys 80 acres but survey after the fact shows only 79.2 acres of land was sold. As long as this difference isn't crucial to the sale (i.e. site plan was contingent on having 80 acres to work with) then it is considered 'close enough'.

Answer 358

A relationship where a party guarantees to pay the debts of another party. (e.g. a bond)

Answer 359

Clause in a construction contract which provides for the contractor should delays and interruptions in the contracted work be caused by the acts, or failure to act, of the contracting officer.

Answer 360

A term that means 'mutual help'. E.g. government provides housing for the Indians on a reservation and the Indians must contribute to the construction by giving their manual labor toward the project.

Answer 361

Defined by establishing an objective for the task, a timeline for the task's completion, and the level of effort required to complete the task.

Answer 362

To put an end to.

Answer 363

Specific provisions itemizing events of default, however, even if not itemized, delay in performance resulting in failure to complete the contract in a timely fashion is universally recognized as a breach of contract.

Answer 364

A party which is not a part of the contract but may be bound or benefited through a written or implied legal relationship.

Answer 365

Someone who obtains a benefit as the result of a contract between 2 other parties. The contract must appear to be made and intended for the benefit and not just merely incidental.

Answer 366

A condition whereby a party to a contract may be held liable to a 3rd party by its negligent or fraudulent activity in performance of the contract. The 3rd party may recover damages where the circumstances are such that the transaction was intended to affect them and injury was foreseeable.

Answer 367

Laws that prohibit a non-licensed individual from utilizing the title "Landscape Architect"

Answer 368

A private or civil wrong or injury that occurs independent of a contract and are not criminal in nature. Because they do not involve contracts and are not explicitly criminal acts, they are often settled through common law interpretation. Torts generally result from a specific action or failure to act and, in this sense, violate social norms. For a tort to occur, four general conditions must be met: One party (usually the defendant) must owe another party a duty (generally the plaintiff), there must be a breach of performance of that duty, someone must be harmed by this breach of performance and there must be a clear relationship between the harm suffered and the breach of performance.

Answer 369

Defamation of character through libel or slander; Unlawful entry onto another's premises; Unwarranted seizure, alteration, or destruction of another's property; Unauthorized use of another's patents, trademarks, or copyrights; Violation of another's freedom through nuisance and negligence; Failure to exercise care in the exercise of one's duty to another.

Answer 370

A wrongdoer; the one who commits or is guilty of a tort.

Answer 371

A recovery of three times the amount of actual financial losses suffered which is provided by stature for certain kinds of cases.

Answer 372

A wrong committed against the real property (i.e. land) or personal property owned by another that involves a physical entry upon the land without permission and causing damage (can be a person, or diverted water, or physical objects left on land, etc.)

Answer 373

A method of organizing a building project in which a contractor and a designer agree to provide a finished building at an agreed-upon price. Upon completion of the project, all the owner has to do is "turn the key" in the door. Most turnkey projects are built for the Department of Housing and Urban Development (HUD).

Answer 374

A state or quality of being unknown or vague; such vagueness in a written instrument (a contract) as to render it unintelligible to those who are called upon to execute or interpret it so that no definite meaning can be extracted from it.

Answer 375

That which is contrary to the constitution. It can be used in 2 different senses; 1) that legislation conflicts with some recognized general principle or conflicts with a generally accepted policy. 2) legislation conflicts with some provision of the written constitution which it is beyond the power of the legislature to change.

Answer 376

In a multiple prime construction contract, solicitation for bids is presented to the bidders in several separate prime contract packages. The bidders are permitted to bid on either one or as many of the bid packages as are presented.

Answer 377

A body of laws which governs the sale of goods in almost every state in the US. Its use is rare in the construction industry except in the area of shipping, handling, and purchasing of materials for the project.

Answer 378

Doctrine stating that persons shall not be allowed to profit or to enrich themselves inequitably at another's expense. A typical example of this is when an owner withholds payment to a contractor for work already performed claiming that work is not acceptable. The value of the performed work far exceeds that portion which the owner considers unacceptable.

Answer 379

the percentage of time a person spends doing billable work (NOT the billing rate)

Answer 380

The intentional or voluntary relinquishment of a known right. E.g. a change is made during construction that the LA approved and the owner agreed was needed, this action waives the requirement of a signature.

Answer 381

A promise that a proposition of fact is true.

Answer 382

According to the Uniform Commercial Code, a party who sells goods to another implicitly (without expressly saying so in writing) warrants that the particular product is fit for the particular purpose intended. This does not mean that a contractor has to guarantee that the completed project will be suitable for its intended purpose (i.e. they built what they were contracted to build by use of the plans provided by the owner). However, if the implied warranty is, for example, that a house built by the contractor will be habitable by the owner and then fails to be such... the implied warranty would require the contractor to fix this issue. HOWEVER... this does not generally apply directly to a designer. Warranties of professional services states that the work performed by the professional is consistent with the standards of the profession. Failure of the product (e.g. glass in a window, a concrete brick, an asphalt driveway) will NOT generally result in a liability for the professional if the work is consistent with the standards of the profession.

Answer 383

The warranty period can begin at substantial completion, final acceptance by the owner, or in some cases at the completion of work. It should be clearly defined in the contract which it is. E.g. a welder finished his work in June 2010 and the project is complete on December of 2010. Say there was a 5 year limit of liability on the welders work, but the contract said "at completion of work". In November 2015 owner wants to file suit on the welders work, but court says the 5 years ended in June of 2015 not December.

Answer 384

Defects that cannot be readily observed, even through intensive inspection procedures. It is often only through destructive testing that such defects might be discovered. Since these are difficult to identify at the time of project acceptance, they continue to be the responsibility of contractors after the owner has begun occupancy. E.g. Soil subsidence (settling or sinking of the ground surface), improperly installed waterproofing that leads to water intrusion, etc.

Answer 385

Deficiencies that are clearly able to be observed or can be detected with a reasonably through investigation. They can generally be identified without doing any destructive work. E.g. door that is too high off the threshold, paint that is the wrong shade, concrete slab with improper slope, sidewalk that isn't the right width, etc. Once the owner accepts the work by the contractor, it is generally assumed that the contractor has no further obligations for correcting patent defects.

Answer 386

The owner's implied warranty, when providing the plans and spec's to a contractor, that they are possible to perform and are adequate for their intended purpose and free from defect. This is NOT overcome with the usual clauses requiring bidders to visit the site, check the plans, or generally inform themselves of the requirements of the work.

Answer 387

It visually defines the scope into manageable chunks that a project team can understand, as each level of the work breakdown structure provides further definition and detail. Top level is the project itself, then the next level might be Internal work (Electrical, etc.) - Foundation Work (Excavation, Conc. Pour, etc.) - External Work (Masonry, etc.), then each lower level will be the parts of that work (so all the examples shown in the parentheses above). NOTE: It generally outlines an overall work plan for the project and may include things like financial/budgetary info, feedback and monitoring information.

Answer 388

A document that outlines the plan used to complete a project with a set timeline and budget. Generally done before coming up with the actual Construction Budget.

Answer 389

Specify locations for various land uses or established instances in which different land uses must occur. Can establish the relationship between various land uses and publish right of way, etc. May also control design details such as planting, signage, color, and style of design. NOTE: Innovations in zoning in some states approach land use regulation based upon environmental considerations rather than use factors

Answer 390

a. Define the client and the user. b. Ensure the designer's values take precedence in the event of client-user conflict. c. Establish a problem definition that will not vary. d. Determine the type of solution expected.

Answer 391

The initial step in writing a grant proposal to a govt agency should be: b. Review of relevant literature.

Answer 392

A contractor will most often be given compensation for: NO - a.. A cause that neither the owner nor the contractor have any control. Yes -b. An increase in the scope of work. Yes - c. A delay in decision making on the part of the owner. Yes - d. A delay due to a defect in the plans and specifications.

Answer 393

ALL OF THESE ITEMS a. those aspects of the profession for which they have expertise. b. areas defined in the licensing law. c. areas addressed in their education. d. areas that are practiced by registered landscape architects in the region.

Answer 394

1) To reach the end of the project 2) To reach the end on budget 3) To reach the end on time 4) To reach the end safely 5) To reach the end error free 6) To reach the end meeting everyone's expectations

Answer 395

1) Start 2) Planning 3) Design 4) Production 5) Closeout

Answer 396

1) Defining 2) Planning 3) Directing 4) Coordinating 5) Monitoring 6) Learning

export_lare section 1 Flashcards

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