Lare Section 1 - From Comprehensive Study Guide

Front 1

Tort, such as tort of negligence

Back 1

A civil wrong for which the court will grant remedy.

Front 2

Libel

Back 2

written

Front 3

Slander

Back 3

Verbal

Front 4

Tresspass

Back 4

Physical Entry

Front 5

Nuisance

Back 5

Disruption that causes physical discomfort

Front 6

Arbitration

Back 6

3rd part decides, both parties must accept. Is legally binding - except non-binding

Front 7

Mediation

Back 7

3rd party facilitates. Parties not bound to accept, parties must come to an agreement

Front 8

Common law

Back 8

Based on precedent

Front 9

Sole-proprietership

Back 9

1 person owns entire business

Front 10

C Corp.

Back 10

1. Considered a separate legal entity=limited liability for stockholders

2. Not-flow-through entities= corporationpays taxes and stockholders pay taxes on dividends (double taxation)

3. Must have a board, shareholdermeetings

4. Perpetual existence

Front 11

S Corp.

Back 11

1. Flow-through entity- shareholderstaxed on their share of the corporation, regardless of dividend distributions

2. Max. of 75 shareholders

S corporation is not a type of business entity. The S corp. designation refers to the way a business has chosen to be taxed under the Internal Revenue Code.

Front 12

Partnership

Back 12

1. Each partner personally liable fordebts of partnership/ partners

2. Personal assets could be garnishedto pay debts of partnership

3. Taxed on profits as personal income

4. Terminates upon death of a partner

Front 13

LLC/LLP

Back 13

1. Tax advantages of partnership and liabilityprotection of corporation

2. Can be registered as an “S”corporation= income/ losses flow through LLC to individual members and reportedas personal income3. No need for shareholder meetings

Front 14

Joint Venture

Back 14

Temp partnership for specific project. Dissolves when project is done

Front 15

Professional duties andresponsibilities

Back 15

i. Health ii. Welfare iii. Safety

Front 16

Laws and regulations

Back 16

Federal

1. NEPA (National Environmental Policy Agency)

2. Air qual act

3. Water qual act

4. ADA

State

1. Land Use Regulations

2. Participation/Plan Review Statutes

Local

1. Building Codes

2. Zoning Oridnances

3. Local Specs and Details

4. Site control and Site Safety

Front 17

Professional Laws

Back 17

1. Title Law

2. Practice Law

3. Title and Practice Law

Front 18

Title Acts

Back 18

Protect only the title of Landscape Architect. Anyone can practice, but not use the title

Front 19

Practice Law

Back 19

Protects the practice of LA work. Cannot practice without proper license.

Front 20

Steps to Licensure

Back 20

1. Education

2. Experience

3. Exams

Front 21

LA Design Services

Back 21

1. Program

2. Site Selection (LA is least likely to be involved)

3. Schematic Design

4. DD

5. Permits

6. CDs

7. Bidding

8. Construction

9. Construction Evaluation

Front 22

Pre-design services include

Back 22

- Programming

- Econ Survey

- Budgeting

Front 23

CDs phase produces

Back 23

1. Bidding Documents

2. Project Manual

3. Contract Documents

...Continues on card 46...

Front 24

Tort of Negligence

Back 24

A breach of duty or a failure of one party to exercise the standard of care required by law, resulting in damage to the party to whom the duty was owed.

Front 25

Negligence is what type of Tort

Back 25

Unintentional

Front 26

Negligence requires...

Back 26

That a causal connection be proved between breach of duty and damage

Front 27

Two kind of Negligence/breach of duty

Back 27

1. Affirmative Act: Giving bad direction

2. Failure to Act (errors and Omissions): Failing to provide necessary direction

Front 28

Types of damage which constitute a tort

Back 28

Compensatory Damages: Compensates both parties as if the contract hadn't happened

Consequential damages: Damages from circumstances known by one party at the time of signing the contract

Liquidated Damages: Clause in contract for compensation if contractor doesn't finish on time

Front 29

Caveat Emptor

Back 29

Buyer beware

Front 30

Comparative Negligence

Back 30

Legal principle that wongdoer should pay damages proportional to their fault

Front 31

Exculpatory Clause/Indemnity Clause

Back 31

Agreement that one party will not be held responsible for certain things

Front 32

Latent Defect

Back 32

Construction defect to visible to normal people

Front 33

Lis Pedens

Back 33

Latin: Suit pending.

In this case involving real estate

Front 34

PROFESSIONAL LIABILITY

Back 34

Blank intentionally

Front 35

Litigation

Back 35

Settling dispute in court

Front 36

Arbitration

Back 36

Settling outside of court, but is legally binding

Front 37

Mediation

Back 37

3rd party helps come to agreement. Non-legal

Front 38

Liability Insurance

Back 38

Protects from negligence penalty in large money situations.

Front 39

General Liability Insurance

Back 39

for architects, engineers, and design professionals protects against two types of claims: those alleging property damage and those alleging bodily harm to third parties.

Front 40

Professional Liability Insurance (errors and omissions)

Back 40

Protects against a

Front 41

Errors and Omissions are what type of Breach of Duty

Back 41

Failure to Act - Unintentionally not giving necessary information (as opposed to an Affirmative Act such as actively, but unintentionally, giving wrong information)

Front 42

Workers Comp. Insurance is required when?

Back 42

When business has employees with W2s

Front 43

Fidelity of Commercial Dishonesty Bond

Back 43

Covers theft by an employee

Front 44

Employment Practices Liability Insurance

Back 44

Covers allegations of discrimination, wrongful termination and sexual harassment

Front 45

Force Majeure or Act of God

Back 45

Relieve party of liability in case of natural disaster or other unforeseeable circumstance

Front 46

Construction Documents Include

Back 46

1. Bidding Documents

2. Project Manual

3. Contract Documents

Front 47

Lien

Back 47

Claim by one party on the property of another

Front 48

Mechanics Lien

Back 48

Claim by suppliers, subs, or laborers against the land owner if they are unpaid by the primary contractor

Front 49

Contract must

Back 49

- Have offer and acceptance

- Consideration of the items exchanged

- Parties must have capacity or legal ability to contract

Front 50

Affidavit

Back 50

Written statement of facts sworn to be true

Front 51

Deposition

Back 51

Giving sworn out-of-court testimony

Front 52

Exoneration

Back 52

A request to release surety bond

Front 53

Limit of Liability

Back 53

Set forth in the contract - the max amount for which the insurer is liable.

Front 54

Malfeasance

Back 54

Doing an illegal act

Front 55

Misfeasance

Back 55

Doing a legal act in an illegal manner

Front 56

Construction Documents (7)

Back 56

1. Bidding Reqs (not part of contract dox)

2. Contract Forms

3. Conditions of the Contract

4. Specs

5. Drawings

6. Addenda

7. Contract Modifications (not part of bidding dox)

Also produced is the Project Manual: A bound book containing all contract and non-contract documents for construction project, except drawings. Contains the technical specs and more.

Front 57

Sequence of Project Manual

Back 57

1) Instructions to Bidders/Bidding Reqs+ Supplements to Bid Forms

2) Contract Forms

3) General & Supplementary conditions

4) Technical Specifications

*NOT DRAWINGS* Sometimes a list of drawings

Front 58

Bidding Requirement forms

Back 58

• Invitation to Bid,

• Prequalification Forms,

• Instructions to Bidders (A701),

• information available to bidders, bid forms

**NOT PART OF CONTRACT DOCS

Front 59

Bid Form Supplements

Back 59

• Bid Security Form

• Subcontractor list

• Substitution list

Front 60

Contract Forms (section 2 of manual)

Back 60

1) Signed A101

2) Performance Bond (A312)

3) Labor and Materials Payment Bond4) Certificates of insurance

Front 61

Contract Documents

Back 61

Sections 2-4 of project manual +

Working Drawings,

Addenda,

Change Orders

Front 62

Contract Forms

Back 62

Contains Agreement (between owner and contractor), performance bond, labor and materials payment bod, certificates of insurance

Front 63

General and Supplementary Conditions (Part 3)

Back 63

A201, supplementary conditions

Front 64

Div 00 - Bidding and Contracting Requirements

Back 64

• Invitation to Bid

• Instructions for bidders

• Procurement Forms and Supplements

• Contracting Forms and Supplements

• Project Forms

• Conditions of the Contract

• Revisions

• Addenda

Front 65

Div 01 - General Requirements

Back 65

• Price and Payment Procedures

• Administrative Requirements

• Quality Requirements

• Temporary Facilities and Controls

• Product Requirements

• Execution and Closeout Requirements

• Performance Specs for elements that overlap several specific work sections

• Life Cycle Activities

Front 66

1st section of project manual

Back 66

Bid requirement forms + Bid form supplements

Front 67

2nd section of project manual

Back 67

Contract Forms

Front 68

3rd section of project manual

Back 68

General (A201) and Supplementary Conditions

Front 69

4th section of project manual

Back 69

Specs in MasterFormat

Front 70

Coordinating Dwgs & Specs (4)

Back 70

1) Specs should contain reqs for all materials and construction indicated on dwgs. Spec writer and Project Manager/Job captain can use a checklist

2) Uniform terminology (ie. gypsum board vs drywall)

3) Dimensions and thicknesses only indicated in one document

4) Dwg notes should not describe methods of installation or material qualities

Front 71

Document Families

Back 71

Front 72

Construction Documents Refers to (7 items)

Back 72

All documents pertinent to construction including:

1. Bidding Reqs (Invite to bid, instructions, etc.)

2. Contract Forms

3. Conditions of the Contract (Standard General (A201 and Supplementary)

4. Specs (MasterSpec format)

5. Drawings

6. Addenda

7. Contract Modifications (Change Orders)

Front 73

Bidding Requirements

Back 73

1. Invitation to bid

2. prequalification forms,

3. instructions to bidders,

4. information available to bidders,

5. bid forms (contractor lists Base Price, any alternates, provision for any additional work)

Front 74

Supplements to Bid Forms

Back 74

Contains Bid security form, subcontractor list, substitution list

Front 75

Contract Forms

Back 75

Contains Agreement (between owner and contractor), performance bond, labor and materials payment bod, certificates of insurance

This is simple and general. The owner is simply agreeing to pay the contractor for services rendered. Does not give details about what the services will be exactly, that part of the conditions.