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100 Cards in this Set

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A Bid

An expression of plans and terms specific to the job at hand

What are the components to a bid?

-the invitation to bid


-the instructions to bid


-a detailed bid form


-assorted bonds

What is a graphical representation of the project at hand that details the proposed construction?

the shop drawings

a Notice of Award

A written communication from the owner to a contractor, signaling that they have achieved the winning bid

a Remand

a legal term reflecting the redirection of a court case to a lower court for ruling.

What is included in the instructions to bidders?

-the start date of the project


-the time and place to submit bids and any product substitution information

What is CLARB's role?

Assist state registration boards


Compile Professional records


Develop the L.A.R.E


Provides services, which tests the examinees and provides the results to each individual state boards

What doesn't CLARB do?

Set the minimum requirement that each state must require in order to become licensed

Does CLARB work with A.S.L.A. in developing the L.A.R.E?

No

List the reasons a contract may be terminated

Breach of contract.


fraud.


nonpayment of professional fees.


hazardous site conditions.


failure to pay subcontractors.


a contractor goes bankrupt.


the contractor violates ordinances intentionally.

A Joint Venture

The partnership of two different firms for the length of a project or a set amount of time.

What are some of the benefits of a Joint Venture?

It allows two companies to share resources, combine expertise and capital

What is needed in order to begin using a building after all the work has been completed?

A Certificate of Occupancy

Who issues A Certificate of Occupancy?

The local building department

What does the Certificate of Occupancy state?

That the building complies with all local codes and is in condition to be occupied.

This type of specification is designed to instruct a contractor on what is required during the project including where to deliver and store materials

The general specifications

This type of specification provides details on the different items that are going to be constructed and include Performance specifications

The technical specifications

A court order intended to satisfy a judgement in a civil case

A writ of execution

When is a writ of execution granted?

When the defendant refuses to pay the judgement and may result in a levy against the defendant's property.

Which takes precedent, written contracts or verbal contracts?

written contracts

The common expectations for professionals with which they can reasonably be held accountable

Standards of Practice

The accepted period of time for a claimant to begin legal proceedings regarding a contractual issue.

Statute of limitations

The terminology involved with the traditional negligence and malpractice cases that relates to standards of practice

reasonable care and skill

Reasons a landscape architect can lose their license include:

sealing drawings that he or she has not directly supervised the creation of.


they've become mentally disabled.


they've accepted compensation from a specific supplier.


receiving payments from making public statements without disclosing it to the public.

As the construction administrator, what are the responsibilities of the Landscape Architect?

-have the owners best interests in mind.


-check the quality of work and make sure it meets code and the specifications of the contract.


-resolving any problems that arise in as quickly a manner as possible

who is responsible for safety on the construction site?

the contractor

An amount that is specified in the contract for any breach of contract including missing a deadline.

Liquidated damages

Payments made for the actual losses that have occurred

Actual damages and compensatory damages

the payment for losses caused by faulty work

Consequential damages

The act of prohibiting dramatic changes to a piece of property. (often used by homeowners' associations)

restrictive covenant

what is the minimum amount that contractors are required to pay their employees on a federally funded project?

The prevailing wage, which includes salary and benefits in the price.

who is responsible for hiring subcontractors?

The contractor

a confirmation that what is stated within an ownership article is actual fact, and serves to assure that nothing negative was incurred while the owner was in ownership of said property

a general warranty

similar to a general warranty, but deals with a more detailed/limited time frame, precluding the owner from liability for anything incurred before their actual ownership

a special warranty

a persons's claim to a property in lieu of absent payment or debt

a claim of lien

A mechanic's lien

Provides suppliers, laborers and landscape architects a method of forcing a an owner to pay up for goods that were provided but not paid for, even if the contractor has been paid.

transfers ownership of property from one owner to another

A deed

A general warranty

a guarantee from the prior owner that the title is clean and that he will be held liable in the future if anyone comes forward and stakes a claim to the title of the property

a special waranty

indicates that the prior owner will accept responsibility from the point in which he or she obtained the property moving forward

a trust deed

transfers the rights of a property to a trust

a quitclaim deed

a deed in which the original owner will not contest the ownership of the property

who should be contacted first if working conditions are hazardous, and is responsible for providing a safe working environment?

the employer

if contacting the employer about unsafe working conditions fails, who should be notified?

O.S.H.A. who will then bring in an inspector to assess the situation

who provides shop drawings?

the contractor or manufacturer that provided the details of an item to be installed

a change that is made prior to a bid package being sent out

an addendum

a change to the specifications of the project after a contract has been signed

a change order

include detailed working drawings and specifications

construction drawings

libel

a written or printed defamation of someone else's character

slander

verbal defamation of someones character

negligence

a breach of duty that will result in the injury to someone else

an alternate

a request made in the bid package for pricing for a type of variance from the base bid

a substitution

the use of materials that are not specified as long as they are approved

a change order

a change to the specifications of the project after a contract has been signed

technical specifications

intended to provide the quality and performance capabilities of a material and any tests or inspections of the material.

a surety bond

a financial promise provided by a specialized outside party assuring completion of the bid should the bidder be selected

a bid bond

this is included with an actual proposal and serves as a guarantee of contract should the proposal be accepted; it also results in a penalty should the bidder withdraw following acceptance

a performance bond

an assurance of the contractor's intention to complete their work

a payment bond

a guarantee that the contractor will pay all bills accrued within their work

what are the benefits of a corporation

it provides security of one's personal assets in the event of a lawsuit against the firm and will still exist in the event of one of the partners leaving the company

mediation

the act of settling a contract dispute or liability claim by hiring a third party mediator to get the parties to come to an agreement through negotiation

litigation

the settling of a dispute in court

arbitration

uses a third party to settle a dispute in which evidence is presented and the resolution is binding

tort law

allows someone to receive damages for injuries suffered at the expense of the person deemed liable for those injuries

reasons for keeping a retainer

-unsatisfactory work


-failure of the contractor to do the work


-damaged property


-compliance with the mechanic's lien

if a contractor provides unsatisfactory work, how long may the owner withhold payments?

until the situation is rectified

what are the responsibilities of the landscape architect operating in the capacity of a construction administrator?

-observe work being completed on site


-recommending whether to accept or reject the work being done.

who's responsibility is it to make the final decision on whether the work is acceptable or not, when the L.A. is construction administrator, L.A. or owner?

the owner

public bids usually have what type of requirements?

-complete and thorough bids


-specific types of advertising


-specific bid due dates


-times and a requirement to select the lower bidder

when should Record Drawings be done?

also called as-built drawings, should be recorded contemporaneously with the execution of work being done on a job site.

malpractice

when providing a contractual service results in pain or suffering to an individual

reasonable care and skill or a general sense of responsibility

considerations that the contractor should always have foremost in their mind when committing to work

misfeasance

when acceptable activities are undertaken in inappropriate or dangerous ways

when does a pre-construction meeting take place?

after a bid package has been sent out and a contract has been signed

what is discussed at a pre-construction meeting?

-permits


-material testing


-duties of those involved


-due dates

Allows the design team to get paid for all labor costs and other costs to complete the work such as printing charges and postage.

A time and materials payment agreement

There is a limit to the amount of time that can be spent on a project when the payment method is time and materials

false

the pay rate for the labor is negotiated beforehand when the payment method is time and materials.

true

same as time and materials agreement except that there is a maximum limit on the amount of money that the design firm can get paid for its services

time and materials with a maximum not to exceed payment agreement.

time and materials with maximum not to exceed payment agreement encourages the design team to be efficient.

true

time and materials with maximum not to exceed payment agreement helps keep the costs down for the client

true

provides payment for all labor and materials costs and adds an amount on the contract to act as the profit for the design team

a cost plus fixed fee agreement

A fixed dollar amount that is negotiated beforehand and is usually paid out at different stages of the contract such as a percentage complete.

lump sum agreement

over the course of a project's design and installation, a landscape architect is responsible for:

-keeping a record of the designs


-analyze environmental conditions


-plan the design


-observe construction progress

over the course of a project's design and installation, the owner is responsible for:

-setting the budget


-providing goals and objectives

over the course of a project's design and installation, the contractor is responsible for:

obtaining all permits and installing the desing

what is included in a closeout package?

-guarantees


-inspection certificates


-as-built drawings


-maintenance agreements

what is included in the base bid?

-overhead

-labor


-equipment


-site preparation


-materials


exoneration

an official request to dismiss a surety bond

liquidated damages

an amount of monetary compensation that the contractor pre arranges to pay the owner for each day of completion delay

retainage

a pre arranged contractual item that deals with contingent milestones or specific dates of delivery

any testimony given outside of court

deposition

depostion

when the witness is sworn in under oath and the testimony is recorded to be used at a later date

a statement that the information to be provided is factual with god as a witness

oath

same as an oath without the spiritual implications

affirmation

a court order for a witness to appear before the court

subpoena

a sworn statement of fact

affidavit

components of design development include:

schematic designs


feasibility studies


preliminary estimates

components of contract supervision include

selection of contractors


award of contract


acceptance of work completed

components of programming and analysis include:

site selection


site inventory and analysis

components of design implementation include:

the creation of working drawings


final estimates


contract specifications