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123 Cards in this Set

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Notice given to a property owner by subcontractors that states if bills are not paid in full for the labor, services, equipment, or materials that a certain legal action will be taken
Preliminary Lien Notice
Must be claimed within 90 days of the last labor has occurred in the case of a break
Claim of Lien
Must not be greater than the total contract price between the owner and the contractor minus the total payments up till filing
Payment of Lien
A written document from a contractor to the owner that releases said legal state
Lien Release
What are the six requirements for a contract to be valid?
An offer and acceptance of that offer,
Must have consideration where something is bargained for in exchange for a promise
All parties must have the capacity or legal ability to contract
Both parties must be agreeable to the terms of the contract
The subject matter of the contract must be legal
Some contracts must be in proper form or must be in writing though courts will support an oral contract
A written statement where the contents are sworn to be true. Often given in place of testimony.
Affidavit
A situation where two disputing parties have their issue resolved by a third, impartial party
Arbitration
System of Law that is derived from judge's decisions rather than from statues or constitutions
Case Law (Common Law)
The process of verifying that a record is complete
Certify
The first actual commencement or construction on a site or the first delivery of substantial materials
Commencement of Improvements
Person who contracts to do all or part of the work and retains control of the means, method, and manner of accomplishing the work
Contractor
A sworn statement of a witness or other party in a judicial hearing
Deposition
A theory of tort law to explain the standard of care or the legal duty one owes to others
Due Care
This means a request to release surety bond
Exoneration
Refers to all or part of a construction project
Improvements
Those who share ownership of the property and/or improvements with the owner: absentee owners, lessees, and mortgages
Interest Holder
A privilege or right granted to a person by a state to practice the profession
License
The maximum amount for which an insurer is liable as set forth in the contract
Limit if Liability
A recorded legal document giving constructive notice that action affecting a particular party has been filed in state or federal court
Lis Pendens
The doing of an act in an improper, wrongful or unlawful manner
Malfeasance
A failure of a professional to act in accordance with the acceptable course of conduct, negligence of a member of a profession in a professional capacity
Malpractice
An informal means of trying to promote settlement of liability claim with a third party mediator who meets with the parties and tries to get them to agree on a settlement
Mediation
Performing a legal action in an improper way
Misfeasance
Used to describe the process of holding down a second job p usually during the houses after the primary job is completed.
Moonlighting
Failure ro exercise that degree of care which an ordinary prudent person would exercise under the same or similar circumstances
Negligence
A written request to a legal court for action
Petition
The amount of care expected of a normal reasonable person
Reasonable Care
The decision of an appellate court to send a case back to a trial court with instructions on how to correctly solve the case - often used with the term "reversed"
Remand
A set of sets that defines the maximum time for filing claims against professionals
Statue of Repose
Judgement entered when there is no genuine issue of material fact and a party is entitled to prevail as a matter of law
Summary Judgement
A private wrong, independent of contract and committed against an individual, which gives the rise to legal liability and is adjudicated in a civil court.

Examples: negligence, liability, public safety and welfare
Tort
Set of laws that serves to protect a person's interest in his or her bodily security, tangible property, financial resources, or reputation. Interference with any one of these interests is redressable by an action for compensation, usually in the form of unliquidated damages.
Tort Law
Type of bid where an underwriter submits a bid to the issuer.
Competitive Bid
Type of bid where there is one total price to complete all fo the work
Lump Sum Bid
Type of bid based on predetermined major items of work, the items quantities, and the contractor's price per unit
Unit Price Bid
Type of bid contract where, once agreed to, is not subject to adjustment of price
Fixed Price Bid
Type of bid/contract where the owner pays the cost of construction and a percentage fee to the contractor.
Cost Plus Fee Contract
Document that addresses the changes or modifications made to a contract and issued prior to the bidding process
Addenda
Process in which bidders request to use components other than the ones specified
Substitutions
Request included in the bidding documents that asks the contractor to provide an additional cost to add or deducts components
Add-Alternate or Deduct-Alternate
Written notice by the owner to the apparent successful bidder that the owner will sign the agreement
Notice of Award
Written notice by the owner telling the contractor to begin work per the contract
Notice to Proceed
What are the three main components of a bid document?
Contract Form, Contract Conditions, Technical Specifications (CSI Format)
Universally accepted document in the contraction industry that outlines the legal definitions of the elements in the construction process and the items that will be provided by the contractor
AIA Document A201 - General Conditions of the Contract for Construction
Document that provides the first basis for the construction cost control on a project
G702
Refers to the transfer of an obligation from one form to another.

Exp: Giving a portions of contracted work to a subcontractor
Assignment
Referes to the canceling of a prior action
Negation
A provision in a contract the requires a certain act to be done or a certain event to occur before the contract become binding
Contingency
What are the two types of general written warranties?
Material Warranty and Labor Warranty
Dispute where all parties agree to accept as final an arbitrator's decisions
Binding Arbitration
Dispute where all parties are free to not accept the arbitrator's decision and seek satisfaction through other means, including a lawsuit
Nonbinding Arbitration
Dispute where all parties agree to enter into a good faith negotiation through a neutral party in order to attempt to resolve their differences
Mediation
Modification to a construction design or contract involving the plans and specs or the contracted price or time
Change Order or Change Directive
Modification to a construction design or contract which provides for a change of contract provisions including additional work outside the scope of an original contract
Contract Amendment
What are the four main areas of field administration that are required of most landscap architects?
Inspection, disputes, delays, stop work orders
What are four main means of monitoring the completion progress of a project?
Units of work completed, incremental milestones, opinion, and cost ratio
An administrative level person who supervises the work of the on-site contractors
Superintendent
Person who is tasked with witnessing the on-site construction at all times
On-Site Inspector
Composed of project principles who meet of a frequent basis to identify, discuss and solve productivity and quality problems
Quality Circle
A qualified government representative authorized to inspect construction for compliance with applicable building codes, regulations, and ordinances.
Building Inspector
A stage of construction where the work is completed in compliance with the contract documents except for minor items that do not impair the owner from occupying and fully utilizing the project for its intended purpose
Substantial Completion
List of items to be completed or corrected by the contractor before substantial completion can be established
Punch List
A stage of construction where the work is fully completed per the contracto documents
Final Completion
A final inspection of a project before closing to look for and document problems that need to be corrected
Walk-Through
Refers to a period of time from the agreed upon starting date to the agreed upon substantial completion date
Contract Time
The date that a contract was actually awarded to a contractor
Date of Agreement
The date established in a written notice to proceed from the owner to a contractor
Date of Commencement of Work
A provision in a construction contract by the owner that expresses that punctual completion is a vital part of the contract performance and delays are subject to damages to the injured party. Most public projects employ this provision.
Time is of the Essence
Types of clauses included in contracts that encourage the contractor to complete the project in a timely manner and according to plans
Schedule Controls
A specific sum of money that is stipulated to be recovered for each day of delay in the delivery of a projects
Liquidated Damages
Refers to a certain percentage of the payment this is awarded to a contractor for finishing ahead of schedule
Bonus
Construction contract term for the funds that are earned by the contractor but not paid until some agreed upon date such as completion fo the job.
Retainage
A set of plans prepared by the architect and contractor after the facility or project is completed that show exactly how the project was constructed
As Built Plans
Issued by a local building official when a portion of the project meets all the building codes and is ready to be occupied
Notice of Partial Completion
Issued by a local building official when a project is 100% complete
Notice of Completion / Certificate of Occupancy
What percentage of a total bid needs to be the bid bond?
5%
Is the arbitration process open to the public?
No
Type of relationship where a person controls the overall performance and conduct of people. Submits recommendations to a client.
Agent Relationship
Type of relationship where someone must act in good faith and be obedient to another person. Personal interests are secondary.
Master-Servant Relationship
Type of relationship where someone has limited control of the overall conduct and performance of the people. Usually involves people with special skills.
Employer - Independent Contractor Relationship
When you are working on a project that's contract involves considerations you will...
...work with the client in accordance with the terms of the contract.
Employee benefits are what kind of cost?
Payroll Cost (DPE)
Sub-consulting fees and travel costs are what kinds of costs?
Direct Project Expenses
A variety of items that can be charged to the client are what kind of cost?
Direct Project Expenses
This type of cost represents the single largest cost to any billing
Payroll Cost (DPE)
This type of cost includes rent, promotion, and office costs
General Overhead (GOA)
This type of cost is typically the second largest cost item and does not add to the cost of running a business
Billables
What identify the items included in the bid documentation portion fo the "Bid Package?"
Cost Estimates and Bid Tabulations
If a landscape architect approves a request for payment that includes services that have not been performed yet...
they are covered by errors and omissions insurance and therefore is held responsible
Who is responsible for the accreditation of landscape architecture programs?
ASLA
How is a site plan different from a master plan?
A site plan includes specifications
Programming and market studies are usually performed in what phase of the project?
Pre-Design Services
What is a surety bond?
Ways of protecting a owner against incompetence, irresponsible, or financially troubled contractors. Bid bonds, performance bonds, and labor and materials bonds are all surety bonds.
A guarantee to the owner that the contractor will agree to the contract and perform all the work required if the bid is accepted.
Bid Bond
How much is a bid bond usually equal to?
5-10 percent
What is a bid bond used for by the owner if collected?
To cover the expenses to negotiate with another contractor or to re-bid the project.
A guarantee that the contractor will perform all of the work in a project
Performance Bond
Who is receiving protection by the use of bid and performance bonds?
The owner
What protects the owner from defective work by a contractor?
Performance Bond
How much is a performance bond usually set at?
100% of the contract bid amount
What options does a surety company have when fulfilling a performance bond?
Completing or correcting work themselves and with the help of subcontractors or paying the owner the amount of the performance bond minus the value of the already completed work
Who is provided protection by a Labor and Materials Bond?
workers, subcontractors, and material suppliers
If there is no materials and labor bond, who is responsible for supplier, worker, and subcontractor payment in the event that the contractor fails?
The owner
What are the contents of a contract called?
Conditions and Terms
What are the 12 main components of a contract?
Project Description
Responsibilities
Scope of Work
Fees
Liability Limitations and Insurance Requirements
Effective Date
Changes
Termination
Judicial Jurisdiction
Arbitration
Clarifying Use of Documents
Signature
What is normally required of a client when entering into a contract with a consultant in terms of information?
Project program and objectives, construction budget, and surveys etc
Section of a contract that is used to outline the services to be provided by the contractor/consultant
Scope of Work
What are the two categories of services in a scope fo work
Basic Services and Additional Services
What are the basic servies of a scope of work?
Project programming, schematic through final design, construction documents, and construction administration
What are some additional services in a scope fo work?
post-construction evaluation, display model building, marketing material design, landscape maintenance programming
What part of a contract should include a project schedule completion dates or periods?
Scope of Work (Scope of Services)
Is it legal for an owner to use a landscape architect's drawings for whatever they want beyond the project they were designed for?
No, the part of the contract clarifying use of documents gives the landscape architect a copyright on those documents
What are the 3 standard basises for establishing fees in a contract?
Percentage basis, fixed fee basis, multiplier basis
What is a multiplier fee basis usually based on?
direct salary and labor costs
Who writes a "letter agreement contract?"
The consultant
What is another name for a Mechanics Lien?
Labor and Materials Lien
At what point in contraction is retainage release to a contractor?
At final acceptance
What are the four specification formats?
Descriptive, Performance, Proprietary, Reference
Type of specification that describes in a logical and thorough manner manner the materials needed and methods of their installation
Descriptive Specifications
Specifications that are used in situations where the design intent is to replicate existing conditions. Focuses on describing the end result and the method for verifying the standards for accepting these results
Performance Specifications
Specifications that are produced by a third party such as a material supplier
Proprietary Specifications
Specifications that are standards prepared by government agencies or other organizations
Reference Specifications
The Uniform Building Code is what type of specification?
Reference Specification