Lare 1 General Definitions (Not-So-Obvious) - 1

Front 1

variance (zoning)

Back 1

used to formally acknowledge and address lot size or shape variation in regulation to other similarly designated lots

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capital improvement program

Back 2

a life-long major expenditure by a public agency (two or more capital improvement project would form a program)

Front 3

local improvement district (LID)

Back 3

a component public works project within a capital improvement program -- a defined area or zone with specified properties that benefit a specific capital improvement project; it has many local variations, such as the rural improvemnet district (RID) or utility improvement district (ULID)

Front 4

sight-line-stiangle

Back 4

a setback at a street and driveway intersection that restricts anyone from placing view obstructions at the height of the driver's line of sight, generally located between 3ft - 6ft above ground for a specific horizontal distance related to street design speed

Front 5

line of sight

Back 5

the general term for the vertical view corridor that might normally be 3 degree, measured up or down, from the height of the view's eye

Front 6

the Department of Interior (US)

Back 6

has vast public land ownership as well as several branches, such as the National Park Services and the Bureau of Land Management, that require the skill of landscape architects in various roles, such as project management, design and planning

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summary judgement

Back 7

type of decision or order made by a judge that ends a dispute between the parties in court

Front 8

deposition

Back 8

a type of hearing action;

routinely used to make statement before or outside of a hearing, when a party cannot attend or when detailed information needs to be recorded

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affidavit

Back 9

a type of hearing action;

a type of declaratory statement similar to a deposition, except that it is simply a signed written (usually sworn) statement by an individual, not necessarily formally recorded by a court reporter.

Front 10

remand

Back 10

an order from a higher body to lower body for a "do over" decision or action, usually with specific instructions on how to correct or change an earlier decision

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encroachment

Back 11

intrusion on a person's territory, rights, etc

Front 12

force account

Back 12

a payment method used for extra work (reimbursed on a cost-plus basis) if the contractor and the owner cannot agree on a unit price or lump sum amount, or if those methods are impracticable;

also referred to as a time and material contract

Front 13

an administrative agency action (US)

Back 13

state boards that regulates landscape architects are administrative agencies -- part of the legislative, judicial, or executive branches;

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a state licesure board has takenaction to refuse renewal of a landscape architect's liscen. what type of legal assisstance might the landscape architect seek? (US)

Back 14

administrative practice -- each state has its own adopted administrative rules, and there is also a set of generally applicable naional administrative rules

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malfeasance

Back 15

wrong doing by a public official;

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negligence

Back 16

a duty to act was not performed or an omission of some type was made (but this does not necessarily apply to a public secor employee)

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malpractice

Back 17

instance of negligence or incompetence on the part of a professional

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misfeasance

Back 18

willful inappropriate action or intentional incorrect action or advice

Front 19

what method could be used to preserve a natural open space located at a large site proposed for residential development?

Back 19

clustering & transfer of development rights

they are both actions that may be taken to rearrange residential development for the protection of natural features

clustering -- concentrates development in one area while avoiding another area

transfer of development rights -- a program or an arrangement for relocation of residential density, possibly including the right to transfer development off site to another property

Front 20

abatement

Back 20

type of code enforcement action;

action that would be taken against a property owner to enforce code compliance; it authorizes removal of an improvement not allowed by the code.

in some cases, abatement costs are eventually paid by the property owner after lien is filed on the property records

Front 21

negation

Back 21

refers to repudiation, orcanceling a prior action

Front 22

financial guarantee used to ensure contract performance

Back 22

assignment of funds;

cash deposit;

surety bond

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assignment with the right of survivorship

Back 23

contract term related to contract survivability, or a contract's ability to remain in force after one main party is no longer available or eligible to perform;

this contract provision extends the life of a contract agreement beyond one or more of the original contract parties, to an heir or successor.

Front 24

what process is used to initiate a claim in court?

Back 24

filing a petition with the clerk of court

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in calculation of current contract value

Back 25

only take into consideration changes made to the contract itself (addition and deduction in contract amount);

retainage, amount paid, and number of payments made have no effect on the current value of the contract.

Front 26

a landscape architect faces the most conmmon type of construction litigation from what category of claims?

Back 26

miscommunication among the consultant, owner, and the contractor

Front 27

what does project documentation most improve?

Back 27

consultant, owner and contractor relationship

Front 28

exoneration (financial firms)

Back 28

the process of surety bond release;

a final inspection would normally be required before making a request to release the surety bond

Front 29

what is the purpose of supplementary conditions, special conditions

Back 29

modifies general condition, especially when the general condition is a boiler plate (supplementary conditions make the document project specific)

Front 30

what group files the most construction relatd lawsuit against design professionals?

Back 30

clients

Front 31

statute of limitations

Back 31

the maximum time limit to paya claim (civil) or provide punishment (criminal).

this term can be included in specifications or in an agreement to control the potential for financial claims against a landscape architect consultant due to error on the construction plan

Front 32

what are factors actually used by judges in decisions on construction related claims against landscape architect

Back 32

standard of practice;

license held;

promotional materials of the firm

Front 33

what are reasonable and proven contract clauses for condominium project liability control?

Back 33

claim mediation (less expensive than litigation);

the client's agreement to waive claims up to a limit (such as the fee earned);

indemnification (limits third-party liability)

Front 34

the landscape architect's constraction general or technical specifications contain volunary standards created by federal law. the board that oversees these standards is ? (US)

Back 34

CPSC - Consumer Product Safty Commission

CPSC is required by the Consumer Product Safety Act to rely specifically upon voluntary consensus for its consumer product safety standards, rather than promulgate its own standards.

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promulgate

Back 35

promote or make widely known (an idea or cause);

enact, enforce

Front 36

what national body governs the use of construction materials throughout North America?

Back 36

American Society for Testing and Materials

Front 37

what process, included in the contract documents, requires finished project detail in addition to techinical specification and drawings?

Back 37

shop drawing -- the process addresses the need for more detail from the fabricator or suplier than the specification or the drawings can provide.

Front 38

in the general conditions and technical specifications of a contract, the need to purchase specialized itmes that cannot be specified in the bid phase can be address by?

Back 38

force account & cash allowance

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subsidy

Back 39

A benefit given by the government to groups or individuals usually in the form of a cash payment or tax reduction.

The subsidy is usually given to remove some type of burden and is often considered to be in the interest of the public.

Front 40

statutes of repose

Back 40

set of laws used to define the maximum TIME period for filing claims against professionals;

these are not necessarily a limit on the number or type of claims, just a limit on the time period within which to file a claim

Front 41

what is most central to a landscape architect's licensure requirement pertaining to document control of construction documents?

Back 41

sign and seal personal work, not the work of others

Front 42

probable cost of construction

Back 42

type of construction cost estimate

Front 43

the angle of repose (trick option)

Back 43

the maximum incline at which soil will remain in a stable position

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hearsay

Back 44

the report of another person's words by a witness, usually disallowed as evidence in a court of law.