Lare Section 1 Terms

Front 1

Acceleration cost

Back 1

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

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Acceptance

Back 2

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

Front 3

Active interference

Back 3

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.

Front 4

Actual Damage (actual loss)

Back 4

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

Front 5

Addenda

Back 5

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

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Adversary

Back 6

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.

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Agent

Back 7

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

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Allowence

Back 8

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

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Alternate

Back 9

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

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Ambiguity

Back 10

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

Front 11

Anticipatory Breach (anticipatory repudiation)

Back 11

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

Front 12

Antitrust Law

Back 12

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

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Apparent Agency

Back 13

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

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Arbitration

Back 14

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

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Arbitrator

Back 15

One who resolves disputes between two parties.

Front 16

Landscape Architect

Back 16

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

Front 17

Assignment

Back 17

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

Front 18

Attachment

Back 18

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

Front 19

Betterment

Back 19

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

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Bid

Back 20

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

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Bid Depository

Back 21

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

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Bid Rejection

Back 22

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.

Front 23

Board of Contract Appeals

Back 23

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

Front 24

Boiler Plate

Back 24

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

Front 25

Bond

Back 25

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.

Front 26

Builder

Back 26

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

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Capacity

Back 27

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

Front 28

Case Law

Back 28

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.

Front 29

Caveat

Back 29

A caution - literally "let him beware"

Front 30

Certificate

Back 30

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

Front 31

Certificate of occupancy

Back 31

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

Front 32

Certificate of payment

Back 32

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

Front 33

Certificate of substantial completion

Back 33

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.

Front 34

Change

Back 34

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

Front 35

Change order

Back 35

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.

Front 36

Claim

Back 36

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

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Immunity

Back 37

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.

Front 38

Immunity

Back 38

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.

Front 39

Collusion

Back 39

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.

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Immunity

Back 40

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.

Front 41

Collusion

Back 41

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.

Front 42

Competitive Bidding

Back 42

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

Front 43

Immunity

Back 43

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.

Front 44

Collusion

Back 44

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.

Front 45

Competitive Bidding

Back 45

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

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Contract

Back 46

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