Hinze Chapter 5-8 Flashcards
(35 cards)
Agency Agreement
An agency agreement consists of a principal authorizing an agent (a different party) to do something on their behalf with a third party. It must be consensual and issued by the principal
Ways an agency agreement can be created (3)
- Law or Contract (express or implied)
- Ratification of an unauthorized act (after the fact)
- Estoppel (implied by past actions)
Contingent Liability
All parties on a construction site are independent, through contingent liability, the GC may be responsible to the owner and third parties for the torts of a sub
Describe the circumstances in which an employee can act as an agent
If the employee has the “right to direct what should be done and when and how it should be done, the right to general control”
example on page 61
List the order in which the following activities occur:
Work Plan
Scope of Services
RFP
Budget
- RFP
- Scope of Services
- Work Plan
- Budget
Landscape Architects may be licensed under a….
Practice and Title Act
Scope of Services
sets out precisely what services a consultant will be performing on a project
What is the purpose of a bid bond?
to discourage frivolous bids
The bid bond for a $100,000 bid would be how much?
$5,000 (5%)
If a duty exists, substandard performance is proven, and damage occurs, the type of legal issue you would be charged with is:
Negligence
Your business partner made a mistake in a drawings that caused a client to lose considerable sum of money. You are liable for all or a portion of the damages under what definition?
Joint liability
Arbitration
a form of alternative dispute resolution, is a way to resolve disputes outside of judiciary courts. It is legally binding on both sides and enforceable in the courts.
Does the agent to a principal have the legal power to bind the principal to the decisions made with a third party?
yes
Your plan calls for a considerable amount of excavation on a small property. What two property rights should you be concerned with?
Land form maintenance and subsurface rights
Identify the order in which the following items would be developed in your office:
Advertisement to bid RFP Work plan Qualifications statement Scope of Services
- RFP
- Advertisement to Bid
- Qualifications Statement
- Scope of Services
- Work Plan
The chart most commonly used for the typical projects in landscape architectural office is:
Bar Chart
If you are trying to integrate, sequence and schedule taks and activities for a complex project in a manner that will involve everyone and that will be easy to read you would select which type of graph?
Critical path method (CPM)
Which of the following is NOT a project management document?
Work plan
Scope of Services
Time Sheet
RFP
RFP
What does ‘consideration’ mean?
you will work with the client in accordance with the terms of the contract
What is the advantage of a unit bid price over a lump sum bid?
Unit price bids are easier to evaluate.
What conditions could dissolve a partnership?
- Death
- Bankruptcy
- Expiration of time periods
- Mutual agreement
- One partner is insane
- Mutual agreement ceases to exist
- One of the partners decides to withdrawal
- Court decree
- A change in the partnership
- Expulsion of a partner
In what order would debts be settled in dissolving a partnership
- Profits left even spread amongst partners
- Repayment of loans or advances
- Outside creditors
- Return each partners capital investment
- Outside creditors
- Repayment of loans or advances
- Return each partners capital investment
- Profits left even spread amongst partners
Tort
disputes that relate to matters not address by statutory law or contract obligations
Attractive nuisance
The part controlling a piece of property should know that childrenare likely to trespass and that there is an unreasonable risk of death or serious injury on site
