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46 Cards in this Set

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Acceleration cost

Cost incurred by a contractor when the project is interfered with by the owner.

Acceptance

Act of a person to whom a thing is offered by another whereby he received the thing with the intention of retaining it.

Active interference

Action by a party to a contract that causes the other party of the contract to not complete the work on time or in the manner established by the contract writing.

Actual Damage (actual loss)

Damages resulting from real and substantial loss, as opposed to those which are merely theoretical

Addenda

Modifications to the contract documents issued during the bid period. They become official parts of the contract document.

Adversary

Parties to a contract at arms-length relationship to one another as a result of the commitment they have made to each other in the contract terms and conditions.

Agent

A person authorized by another to act for him or her.

Allowence

A sum of money set aside by the owner to remove a particular portion of work from competitive bidding.

Alternate

A material or method used in place of the base material or method specified for the project.

Ambiguity

Doubtfulness of meaning, duplicity, indistinctness or uncertainty of meaning of an expression used in written instructions.

Anticipatory Breach (anticipatory repudiation)

Established when a contractor makes a positive and unequivocal statement that it will not or cannot substantially perform the contract.

Antitrust Law

Federal and state statutes to protect trade and commerce from unlawful restraints and monopolies.

Apparent Agency

An agency relationship created by an act of the parties and deduced from proof of other facts.

Arbitration

The submission of a dispute to a third party whose judgement is final and binding.

Arbitrator

One who resolves disputes between two parties.

Landscape Architect

The person or organization hired by the owner to design the project.

Assignment

A legal action which allows a person who is not party to a contract to obtain the contract rights of a party who is.

Attachment

The act of process of taking, apprehending, or seizing person or property by property of a writ, summons, or judicial order

Betterment

An improvement brought upon an estate which enhances its value more than mere repairs.

Bid

An offer to perform a contract for work and labor or for supplying materials at a specific price.

Bid Depository

A clearing house for subcontractors to submit their bids for a particular project and for prime contractor to receive bids from the various subcontractors.

Bid Rejection

The act of not allowing a bid to stand because of an impropriety in the process of submission or the owners arbitrary decision to pass on the bid.

Board of Contract Appeals

An independent administration quasi-judicial board to decide all public contract disputes.

Boiler Plate

A term used to represent standard legal conditions inserted at the "front end" of a construction contract. Typically "general conditions", "supplemental conditions", "special conditions"

Bond

An instrument with a clause, with a sum fined as a penalty, binding the parties to pay the same, and with the condition that the payment of the penalty may be avoided by the performance of certain acts, a certificate of debt.

Builder

One whose occupation is the building or erection of structures, the controlling or directions of construction.

Capacity

The attribute of persons which enables them to perform civil or juristic acts, necessary for parties entering into a contract.

Case Law

The aggregate of reported cases forming a body of jurisprudence or the law of a particular subject as evidence or formed by the adjudged cases.

Caveat

A caution - literally "let him beware"

Certificate

A written assurance or official representation that some act has or has not been done.

Certificate of occupancy

A document issued by the building inspector certifying that the structure conforms to all relevant code sections and is therefore safe for use.

Certificate of payment

A document issued by the landscape architect in which the landscape architect certifies that the contractor has adequately performed.

Certificate of substantial completion

The document issued by the landscape architect when the building or a portion thereof is complete to the degree that the oner can use the site or portion of it for the intended purpose.

Change

A revision to the original contract documents. May be made unilaterally in spite of the contractors lack of agreement.

Change order

A document issued directing the contractor to proceed in a manner different than described in the original plans ms specifications. Has an effect on the price and/or time of the contract.

Claim

An action initiated by one of the parties of a contract against the other party.

Immunity

Legal status when in a quasi-judicial role as arbitrator in settling disputes that protects from liability by either party as a result of the decision.

Immunity

Legal status when in a quasi-judicial role as arbitrator in settling disputes that protects from liability by either party as a result of the decision.

Collusion

An agreement between two or more persons to defraud a person of his or her right by the forms of law or to obtain an object forbidden by law. A secret combination or conspiracy.

Immunity

Legal status when in a quasi-judicial role as arbitrator in settling disputes that protects from liability by either party as a result of the decision.

Collusion

An agreement between two or more persons to defraud a person of his or her right by the forms of law or to obtain an object forbidden by law. A secret combination or conspiracy.

Competitive Bidding

A process whereby sealed proposals are submitted to the owner for consideration. Mandatory on public works projects.

Immunity

Legal status when in a quasi-judicial role as arbitrator in settling disputes that protects from liability by either party as a result of the decision.

Collusion

An agreement between two or more persons to defraud a person of his or her right by the forms of law or to obtain an object forbidden by law. A secret combination or conspiracy.

Competitive Bidding

A process whereby sealed proposals are submitted to the owner for consideration. Mandatory on public works projects.

Contract

A promissory agreement between two or more persons that creates modified it destroys a legal relationship.