Lare Section A

Front 1

Is inflating the cost estimate of bid documents when the firm's fee is based on percentage of construction costs a breach of ethics?

Back 1

Yes because it places the professional's financial interests before the client's.

Front 2

What controls the division of land and the land use intensity of a development?

Back 2

subdivision regulations

Front 3

the methods, materials, systems, strengths, minimum standards, and overall quality of development at a site

Back 3

building codes

Front 4

do environmental regulations address the division of land?

Back 4

no

Front 5

what is used to control the size of pavement or building coverage in relation to the total site size?

Back 5

lot coverage limits

Front 6

the extent of coverage of a lot (10% vs. 90%) is considered _______ and is addressed by zoning codes that might include land use tables or lists of allowable, conditional, and prohibited uses

Back 6

land use intensity

Front 7

what kind of street is used to carry the highest number of vehicles, usually at higher rates of speed in relation to other street types

Back 7

arterial street

Front 8

what kinds of streets have smaller traffic volume than arterial streets

Back 8

local streets and collector streets

Front 9

what kind of street normally has a landscape space in the center and at the edges

Back 9

boulevard

Front 10

what is a long-life major expenditure by a public agency

Back 10

capital improvement program

Front 11

a particular type of plan, authorized by California state law, that would include a capital improvement program or capital improvement project

Back 11

specific area plan

Front 12

a defined area or zone with specified properties that benefit from a specific capital improvement project, and has many local variations, such as the rural improvement district (RID) or the utility improvement district (ULID)

Back 12

local improvement district (LID)

Front 13

a civil or private wrong or injury involving the violation of an individual's private personal rights, causing injury to a person or to property

Back 13

tort

Front 14

a formal written claim against the property record, for the value or work performed or materials provided

Back 14

lien

Front 15

a duty not performed, omitted, or performed incorrectly so as to cause harm to a person or to property

Back 15

negligence

Front 16

the force or impression of one thing on another

Back 16

impact

Front 17

the limit that sets out terms and times under which certain actions can be brought forward in court

Back 17

statute of limitations

Front 18

specifications for construction work performance or materials quality

Back 18

performance conditions

Front 19

the manner in which an action is performed

Back 19

prescriptive conditions

Front 20

a legal term that means a wrongful act

Back 20

misfeasance

Front 21

a form of business organization that can protect a company's assets from creditors

Back 21

limited liability company (LLC)

Front 22

a financial arrangement organized to protect and transfer assets, usually for favorable taxation purposes

Back 22

trust

Front 23

a type of investment that includes several different securities (stocks, bonds, etc), regulated and organized to be traded in an active market for the ease of purchase or sale

Back 23

mutual fund

Front 24

a type of business organization where a single individual is the business owner

Back 24

sole proprietorship

Front 25

the process or action used to resolve contract disputes outside of the court system, usually with the use of a mediator or a neutral party to facilitate talks and record the resolution after it is reached

Back 25

arbitration

Front 26

an action ordered to remake a decision that was already made

Back 26

remand

Front 27

to repudiate, or reject as unauthorized

Back 27

disavow

Front 28

an improper action by a public official

Back 28

malfeasance

Front 29

the general category of financial forms, typically issued by an entity other than the contractor, that ensures the owner or a municipal agency that the contract obligation for the monetary amount of the work will be met

Back 29

financial guarantee

Front 30

name some examples of a financial guarantee

Back 30

surety bonds, cash deposits, assignment of funds, irrevocable letters of credit

Front 31

a general banking or economic term that refers to an overall policy on the regulation of the flow of capital

Back 31

monetary policy

Front 32

a setback at a street and driveway intersection that restricts anyone from placing view obstructions at the height of the driver's line of sight, generally located between 3 and 6 ft above ground for a specified horizontal distance related to street design speed

Back 32

sight-line triangle

Front 33

the vertical view corridor that might normally be 3 degrees measured up or down, from the height of the viewer's eye

Back 33

line of sight

Front 34

should be included in a services agreement to limit liability

Back 34

time limits

Front 35

should be included in contract documents to make clear where and how the process of dispute resolution can be performed

Back 35

jurisdiction, or venue for dispute resolution

Front 36

are basic services always included in an agreement?

Back 36

yes

Front 37

are optional services ALWAYS included in an agreement?

Back 37

no

Front 38

a program ranking based on criteria set by a private organization to ensure high sustainability and ecological principles in site and building design

Back 38

leadership in energy and environmental design (LEED)

Front 39

which agency has vast public land ownership as well as several branches, such as the national park service and the bureau of land management, that require the skills of landscape architects in various roles, such as project management, design, and planning

Back 39

department of the interior

Front 40

the type of decision or order made by a judge that ends a dispute between the parties in court

Back 40

summary judgment

Front 41

a hearing action used to make statements before or outside of a hearing when a party cannot attend or when detailed information needs to be recorded

Back 41

deposition

Front 42

a type of declaratory statement similar to a deposition, except that it is simply a signed written (usually sworn) statement by an individual, not necessarily formally recorded by a court reporter

Back 42

affidavit

Front 43

an order from a higher body to a lower body for a "do-over" decision or action, usually with specific instructions on how to correct or change an earlier decision

Back 43

remand

Front 44

the category of legal claim that pertains to copyrights and protection of the ownership of creative work, including software used by nearly all private-sector professional offices providing landscape architectural services

Back 44

intellectual property

Front 45

professional work done by an individual in addition to his or her principal occupation which can result in risk exposure for the employee or employer

Back 45

moonlighting

Front 46

a professional organization that publishes a widely used guide call American Standard for Nursery Stock

Back 46

American Nursery and Landscape Association (ANLA)

Front 47

what is the most widely used system for evaluating the value (based on factors such as location, age, use, condition, and size) of a tree in court, whether the expert witness is a landscape architect, appraiser, or arborist

Back 47

the system used by the Council of Tree and Landscape Appraisers

Front 48

the term prevailing wage is applicable to what type of projects?

Back 48

public projects

Front 49

does a landscape architecture firm, even if it is designated as a design/build firm, still need to provide full disclosure when specifying products that it sells?

Back 49

yes

Front 50

if a landscape architect modifies a software product and sells the revised product, does this require full disclosure?

Back 50

yes, it is not legal under copyright laws and is subject to prosecution by the Software Publishers Association

Front 51

can ASLA prevent the sale of software?

Back 51

no

Front 52

does a licensed landscape architect have a duty to report professional violations and truthfully represent personal qualifications?

Back 52

no

Front 53

does a licensed landscape architect have a duty to design to maximize profits and minimize expenses?

Back 53

no

Front 54

does a licensed landscape architect have a duty to design to maximize positive visual impacts and minimize visual nuisances?

Back 54

no

Front 55

does a licensed landscape architect have a duty to report to the city council regularly on landscape architecture related issues, and volunteer?

Back 55

no

Front 56

what is a valid reason for a landscape architect's license to be discontinued?

Back 56

mental or physical disabilities (common clauses found in most state laws which enable licensing boards to discontinue licensure)

Front 57

is relocation outside the state or country a valid reason to discontinue a landscape architect's license?

Back 57

no

Front 58

what type of gift policy is compatible with licensure requirements?

Back 58

gifts of nominal value, such as hospitality, are allowed

Front 59

if an owner directs a contractor to intentionally not comply with applicable building code requirements, what should the landscape architect do?

Back 59

report the action to the local building official, in writing, and then terminate the agreement with the owner

Front 60

what type of clause addresses the penalty for late completion by the contractor, primarily for schedule control

Back 60

liquidated damages clause

Front 61

if a landscape architect appears in a public setting and is representing one party, but also a consultant for an interest group, what must he do?

Back 61

he must disclose all personal paid interests

Front 62

define common law

Back 62

a system of laws originally developed in England that result in decisions based on customs and usage rather than codified written law. court decisions based on common law usually involve equity or specific instances that are not addressed by local codes.

Front 63

why are unit prices helpful in an estimate

Back 63

they are specific prices, which when the design changes, can more accurately reflect the cost

Front 64

define force account

Back 64

a type of purchasing method for supplies or materials used that would apply to contractors doing work not necessarily for variable quantities

Front 65

define MILSPEC reform

Back 65

in 1994, the DOD transitioned from MILSPECs to the commercial ANSI specifications to meet military, economic, and policy objectives

Front 66

acceleration cost

Back 66

cost incurred by contractor when the project is interfered with by the owner in such a way that the contractor must employ more manpower or work more hours in order to complete the project on time. if the contractor contributes to the cause of its own delays, acceleration cost may not be granted

Front 67

acceptance

Back 67

act of a person to whom a thing is offered by another whereby he receives the thing with the intention of retaining it, such intention being evidenced by a sufficient act

Front 68

active interference

Back 68

action by a party to a contract which causes the other party of the contract to not complete the work of the project on time or in the manner established by the contract writing. positive action must be performed on the part of the interfering party as opposed to passive negligence, which is inactive, permissive, or submissive

Front 69

actual damages (actual loss)

Back 69

damages resulting from real and substantial loss, as opposed to those which are merely theoretical, estimated, or anticipated. actual damages represent the real and true value of the total loss suffered, as opposed to liquidated damages, which represent an estimated amount calculated as anticipated loss at a future time.

Front 70

addenda

Back 70

modifications to the contract documents issued during the bid period. addenda become official parts of the contract documents and are legally binding to the signatories of the contract.

Front 71

adversary

Back 71

two parties to a contract are in adversary or arms-length relationship to one another as a result of the commitment they have made to each other in the contract terms and conditions. this relationship is recognized by the courts and binds the two parties together in that relationship. in layman's language, it can be considered a relationship of mistrust.

Front 72

agent

Back 72

a person authorized by another to act for him or her; one who is employed to represent another in business and legal dealings with the third persons. in a typical agency relationship, three parties are involved: a principal, an agent, and a third party. the agent represents the principal in dealing with the third party or parties. in the construction industry, a typical misunderstanding is that the architect is the agent to the owner in dealing with the third party contractor. the architect, in a typical contract, is the representative of the owner and not the agent. in some contracts, the construction manager is an agent of the owner. an agency relationship is established in writing (express agency) with all three parties acknowledging the relationship. an agency relationship may also be established by acts and/or omissions of the parties (implied or apparent agency) which will bind the parties legally in the same manner as an expressed agency relationship

Front 73

allowance

Back 73

a sum of money set aside by the owner to remove a particular portion of work from competitive bidding. this is typical of government subsidized institutions with work that must be competitively bid and with projects in which certain portions of the work are proprietary and, therefore, must be removed from competitive bidding.

Front 74

alternate

Back 74

a material or method used in place of the base material or method specified for the project. in a typical construction contract, the owner chooses the alternate or remains with the base requirement, giving it control over the total cost of the project. an alternate differs from an option in that cost is a factor in the selection of an alternate by the owner, whereas an option does not have cost as a factor and choice is made by the contractor.

Front 75

ambiguity

Back 75

doubtfulness, doubtfulness of meaning, duplicity, indistinctness, or uncertainty of meaning of an expression used in a written instrument. the courts, interpreting a writing, will permit parol evidence to clarify the writing if the writing is in fact ambiguous. however, the courts will not permit parol evidence if the writing is clear, even though it may be in error.

Front 76

anticipatory breach (anticipatory repudiation)

Back 76

established when a contractor makes a positive and unequivocal statement that it will not or cannot substantially perform the contract or when a contractor, by any voluntary affirmative act, renders substantial performance of its contract apparently impossible. based on these two conditions, the owner may terminate the contract immediately or upon completion of a waiting period to determine the contractor's performance according to the contract writing. in either case, the owner must establish that the contractor's statement is positive and unequivocal. if the owner terminates the contractor for default after a statement which is ambiguous, the owner will be held to have wrongfully defaulted the contractor.

Front 77

antitrust laws

Back 77

federal and state statutes to protect trade and commerce from unlawful restraints and monopolies. in the construction industry, bid rigging is considered a violation of antitrust laws. those found guilty of bid rigging are assessed treble damages.

Front 78

apparent agency

Back 78

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

Front 79

arbitration

Back 79

the submission of a dispute to a third party (individual or panel), known as arbitrator(s), whose judgment is final and binding. decisions at arbitration hearings, unlike those in judicial cases, do not establish precedents.

Front 80

arbitrator

Back 80

one who resolves disputes between two parties. in a typical construction contract, the architect is designated as an arbitrator in resolving disputes between the owner and the contractor. unlike formal arbitration (as established by the American Arbitration Association), an architect acting as an arbitrator in the construction process is the first level for resolving disputes, and its decision is not final and binding.

Front 81

architect

Back 81

the person or organization hired by the owner to design the project. the architect's duties consist primarily of the production of the plans and specifications from which the building will be constructed. the architect may also preside at the bid opening, monitor the construction process to assure that the owner's interests are protected, and approve payments to the contractor. its relationship to the owner is that of an independent contractor. all architects must be licensed by the states in which they practice. in addition to the contract with the owner, the architect also will enter into contracts with consultants (structural, mechanical, electrical engineers, etc.) but will not execute a contract with the contractor.

Front 82

assignment

Back 82

a legal action which allows a person who is not party to a contract to obtain the contract rights of a party who is. a contractor, for example, may assign the rights contained in its contract with the owner to a subcontractor. in a similar manner, the architect can assign portions of the design of the project to its consulting engineers, primarily in the areas of structural, mechanical, and electrical design.

Front 83

attachment

Back 83

the act or process of taking, apprehending, or seizing person or property by virtue of a writ, summons, or other judicial order and bringing the same into custody of the law; a remedy ancillary to an action by which the plaintiff is enabled to acquire a lien upon the property or effects of the defendant for satisfaction of judgment which the plaintiff may have obtained.

Front 84

betterment

Back 84

an improvement brought upon an estate (land and/or buildings) which enhances its value more than mere repairs. the improvement may either be temporary or permanent. this term also applies to denote the additional value which an estate acquires in consequence of some public improvement, such as the widening of a street, etc.

Front 85

bid

Back 85

an offer to perform a contract for work and labor or for supplying materials at a specified price. in the construction industry, a bid is considered an offer by the contractor to the owner. a bid, as an offer, becomes a contract once the owner accepts the bidder's offer with all other contractual requirements in order.

Front 86

bid depository

Back 86

a clearing house for subcontractors to submit their bids for a particular project and for prime contractors to receive bids from the various subcontractors. in California, a bid depository was found in violation of antitrust laws based on its rules for membership imposing fine, suspension, or expulsion to members not abiding by the rules.

Front 87

bid rejection

Back 87

the act of not allowing a bid to stand because of an impropriety in the process of submission or as a result of the owner's arbitrary decision to reject the bid. the owner, in a typical contract, reserves the right to reject any and all bids. however, in rejecting a bid, an owner and its architect run the risk of interfering with the bidder's right to do work or of defamation of character on the part of the bidder.

Front 88

board of contract appeals

Back 88

an independent administration quasi-judicial board to decide all public contract disputes. various states have created these boards to relieve the courts from the backlog of cases related to public contracts. note that these boards hear only disputes related to public contracts and not to private contracts.

Front 89

boiler plate

Back 89

a term used to represent standard legal conditions inserted at the "front end" of a construction contract. these conditions are typically title "general conditions," "supplemental conditions", and/or "special conditions" and are inserted at the front end of the project manual.

Front 90

bond

Back 90

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 by some, one, or more of the parties; a certificate or evidence of a debt; a mere promise to perform or pay; a written obligation. in the construction industry, there are several types of bonds, including bid bonds, performance bonds, and payment bonds.

Front 91

bid bond

Back 91

a form of security to insure that the bidder will enter into the contract if the award is made to it

Front 92

performance bond

Back 92

insures completion of the project by the contractor, guaranteeing that if the contractor defaults, the bonding company will step in and finish the work. a performance bond also is applicable between a prime contractor and its subcontractor, assuring the prime that the subcontractor will perform or pay.

Front 93

payment bond

Back 93

(sometimes known as a labor and material payment bond) provides a source of payment for the contractors' or subcontractors' labor and material men.

Front 94

builder

Back 94

one whose occupation is the building or erection of structures, the controlling and directing of construction, or the remodeling and adapting to particular uses of buildings and other structures. the term "builder" is sometimes used interchangeably with the word "contractor"

Front 95

building code

Back 95

there are several model codes, including Southern Standard Building Code (SSDSC), Uniform Building Code (UBC), Building Officials and Code Administrators (BOCA), and the National Building Code (NBC), and the International Building Code (IBC), one of which is enacted in most jurisdictions. a code is not applicable in a certain jurisdiction or locality until it is enacted (legislated) into local law.

Front 96

capacity

Back 96

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

Front 97

case law

Back 97

the aggregate of reported cases forming a body of jurisprudence or the law of a particular subject as evidenced by the adjudged cases; distinct from statutes and other sources of written law.

Front 98

caveat

Back 98

a caution; literally, "let him beware"

Front 99

certificate

Back 99

a written assurance, or official representation, that some act has or has not been done, that some event occurred, or that some legal formality is being complied with; a written and signed document establishing that a fact is true.

Front 100

certificate of occupancy

Back 100

a document issued by the building inspector certifying that the structure conforms to all relevant code sections and is, therefore, safe for use. an owner must obtain a certificate of occupancy before he or she can use a building. a new building cannot be considered complete until a certificate of occupancy has been issued. in some instances, a partial certificate of occupancy will be issued for portions of the building to be occupied.

Front 101

certificate of payment

Back 101

a document issued by the architect in which the architect certifies that the contractor has adequately performed. the certificate is then presented to the owner for the payment to the contractor.

Front 102

certificate of substantial completion

Back 102

the document issued by the architect when the building, or a portion thereof, is complete to the degree that the owner can use the building, or a portion thereof, for its intended purpose.

Front 103

change

Back 103

a revision to the original contract documents. a change differs from a modification in that the modification is agreed to by both parties of the contract; however, a change may be made unilaterally by the owner in spite of the contractor's lack of agreement.

Front 104

change order

Back 104

a document issued by the architect directing the contractor to erect some portion of the building in a manner different than described in the original plans and specs. this change must have an effect on the price and/or time of the contract in order to constitute a change order. if the price and/or time is not affected, then the change is a field order or minor change order and not a change order. the change may be requested by the architect, owner, or contractor.

Front 105

claim

Back 105

a demand, an assertion, a pretense, a right or title to. this action may be in the form of a written letter, a legal document, or some instrument establishing the difference between the two parties. (note: a letter is sufficient, in the eyes of some courts, to establish a claim)

Front 106

cloak of immunity

Back 106

legal status granted to an architect in the quasi-judicial role as arbitrator in settling a dispute between the owner and the contractor. this cloak protects the architect from liability by either party (owner or contractor) as a result of the decision rendered in resolving the dispute.

Front 107

collusion

Back 107

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, a conspiracy, or concert of action between two or more persons for fraudulent or deceitful purposes

Front 108

competitive bidding

Back 108

a process whereby sealed proposals are submitted to the owner for consideration. competitive bidding is mandatory on public works projects. a private owner may choose to use competitive bidding in securing the most economical contractor for the construction of the project. however, a private owner is not legally bound to the competitive bidding process

Front 109

consideration

Back 109

the inducement to a contract; the cause, motive, price, or impelling influence which induces a contracting party to enter into a contract; the reason or material cause of a contract.

Front 110

constitution

Back 110

the written instrument agreed upon by the people of the United States, or of a particular state, as the absolute rule of action and decisions for all departments and officers of the government in respect to all the points covered by it. this instrument must control until it is changed by the authorities which established it. any act or ordinance of any government department of office opposed to it is null and void. several states have enacted statutes which have affected the construction industry and have been found unconstitutional or null and void in their application. one such statute is the statute of limitations which is applied for the protection of the owner and architect but not for the contractor.

Front 111

construction management

Back 111

a process of professional management applied to a construction program from conception to completion for the purpose of controlling time, cost, and quality. ideally, the construction management organization links itself to the owner as an agent and thereby places itself in a fiduciary relationship with the owner. in this relationship, the construction manager can properly represent the owner to both the design professional and the contractors without concern regarding conflict of interest on his part.

Front 112

constructive

Back 112

that which as the character assigned to it in its own essential nature but acquires such character as a consequence of the way in which it is regarded by a rule or policy of law; hence, inferred, implied, or made out by legal interpretation. the term "constructive" typically is used with other legal terms such as "acceleration", indicating that in the absence of an acceleration clause, it is the actions of party that determine the validity of acceleration costs. another application is in the use of the term "constructive change", indicating that although a change may not have been directed, it is implied by the act or omission of the parties involved

Front 113

continuous treatment

Back 113

an uninterrupted, unbroken series of activities or events. this theory is sometimes employed in the determination of statute of limitation claims regarding the commencement of the time for the claim. the statute of limitation typically starts to run upon completion of the project. however, if the contractor is required to repair defects in the work and, as a result, renders "continuous treatment" to the work, the contractor may extend the time for commencement of the statute.

Front 114

contract

Back 114

a promissory agreement between two or more persons that creates, modifies, or destroys a legal relationship. several essential elements must be present in order to render a contract valid. these elements include offer, acceptance, and consideration on the part of both parties, the capacity of both parties to contract, a state of mind (mutually of assent), and the "meeting of minds".

Front 115

offer (contract)

Back 115

bid proposal, especially in public bidding

Front 116

acceptance (contract)

Back 116

owner's selection of a bid

Front 117

consideration (contract)

Back 117

the giving up of something on the part of both parties (the owner gives money while the contractor gives labor, material, etc. in the construction process).

Front 118

capacity (contract)

Back 118

legal standing of both parties in relation to one another, namely as legally recognized principals of the organizations entering into a contract. if coercion is present, then the contract could be rendered null and void.

Front 119

the meeting of the minds (contract)

Back 119

represents that which was intended by both parties at the time of the signing of the contract and that both parties were in harmony with each other's intentions

Front 120

contractor

Back 120

anyone who contracts to provide the labor and services necessary to complete a project. a contractor may be hired by the owner or by another contractor. when the contractor is hired directly by the owner, the contractor is classified as the prime contractor. when a contractor is hired by another contractor, the contractor is classified as a subcontractor in relation to the project

Front 121

contractual duty

Back 121

the obligation which arises from a contract or agreement. in a typical contract agreement, the parties are required to fulfill the duties enumerated in the contract writing between the two parties, but also from the contract agreed to by other parties. an example of this is the duty owed by the architect to the contractor as a result of the requirements called out in the contract between the owner and the contractor.

Front 122

contribution

Back 122

the sharing of a loss or payment among several debtors. the act of any one or several of a number of co-debtors in reimbursing one of their number which has paid the whole debt or suffered the whole liability, each to the extent of its proportionate share; the right of one who has discharged a common liability to recover from another, cho is also liable, the portion which he or she ought to pay or bear. in many jurisdictions, the damages will be assessed to the parties held liable based on their contribution to the negligence.

Front 123

custom

Back 123

a usage or practice of the people which, by common adoption and acquiescence and by long and unvarying habit, has become compulsory and has acquired the force of a law with respect to the place or subject matter to which it relates. on the technical side of the construction industry, this term can apply to techniques and methods of construction, such as the finishing of a concrete slab with a trowel. administratively, it is the custom of an architect to monitor the construction phase of the work, unless the writing contains a clause deleting that requirement.

Front 124

damages

Back 124

compensation for a loss or injury suffered; compensation which may be recovered in the courts by any person who has suffered loss, detriment, or injury, whether to his or her person, property, or rights, through the unlawful act, omission, or negligence of another. in the courts there are many divisions pertaining to damages which cannot be covered here.

Front 125

actual damages

Back 125

real, substantial, and just damages, or the amount awarded to a complainant in compensation for actual and real loss or injury, as opposed to "nominal" or "punitive" damages.

Front 126

compensatory damages

Back 126

repair or replacement of the loss caused by the wrong or injury and nothing more

Front 127

consequential damages

Back 127

such damage, loss, or injury which does not flow directly from the act of the party but only from some of the consequences or results of such act.

Front 128

delay damages

Back 128

the economic loss suffered as a result of extended time from that of the original time stipulated in the contract writing. this differs from property damage and personal damage.

Front 129

liquidated damages

Back 129

a specific sum of money expressly stipulated by the parties to a bond or contract as the amount of damages to be recovered by either party for a breach of the agreement by the other. in the construction industry, it is an amount established in the contract writing to be withheld by the owner on a daily basis for every day past the stipulated completion date of the contract. a "liquidated damages" clause is to fix the amount to be paid in lieu of performance. "penalty" clauses, without some kind of balancing bonus, are rendered unenforceable in the courts of law.

Front 130

punitive damages

Back 130

awarded by the courts in the amount of 3x the actual damage. treble damages usually apply in antitrust actions.

Front 131

default

Back 131

an omission of that which ought to be done; a failure to perform a legal duty

Front 132

demurrer

Back 132

a plea to dismiss a lawsuit on the grounds that the plaintiffs statements are insufficient to sustain the claim

Front 133

design-build

Back 133

a method of organizing a building project in which a single entity undertakes the design and erection of the structure at a set fee negotiated in advance. unlike the conventional construction contract whereby an owner hires both an architect and a contractor separately, in the design-build contract, the owner negotiates only on contract with one organization.

Front 134

deviation

Back 134

a change made in the progress of a work from the original terms, design, or method agreed upon.

Front 135

"differing site conditions" clause ("changed conditions" clause)

Back 135

typically provides that in the event that the physical conditions at the site of the work vary materially from those represented (or reasonably anticipated) and in a manner which increases the time or cost of performance, the contractor is entitled to additional compensation or an extension of time.

Front 136

disclaimer

Back 136

the disavowal, denial, or renunciation of an interest, right, or property imputed to a person or alleged to be his; also the declaration, or the instrument, by which such disclaimer is published.

Front 137

disclosure

Back 137

to bring into view of uncovering, to lay bare, to reveal, to free from secrecy or ignorance, or to make known; revelation; the impartation of the which is secrete; that which is disclosed or revealed.

Front 138

discovery

Back 138

the ascertainment of that which was previously known, the disclosure or coming to light of what was previously hidden, the acquisition of notice or knowledge of given acts or facts as in regard to the discovery of fraud affecting the running of the statute of limitations, or the granting of a new trial for newly discovered evidence; disclosure of facts resting in knowledge of the defendant or of deeds, writings, or other things in his custody or power.

Front 139

document (documentation)

Back 139

instruments which by record, by means of letters, figures, or marks, matter which may be evidentially used; the deeds, agreement, title papers, letters, receipts, and other written instruments used to prove the facts

Front 140

economic loss

Back 140

additional cost incurred by an individual other than property damage or personal injury. in the construction industry, an economic loss may be represented by a loss in profits or a loss due to a delay in the contractor's schedule.

Front 141

engineer

Back 141

a person with a particular expertise in a limited area of building design. an engineer typically may specialize in structural, mechanical, electrical, or plumbing design. it is the limitation of this specialty which distinguishes an engineer from the architect, who has general responsibility for the entire project. engineers ordinarily are hired as consultants to assist the architect. the contract between the architect and the engineer usually reflects the same terms and conditions that exist in the contract between the owner and the architect. in some instances, such as an industrial project, the roles are reversed in that the owner hires the engineer as the prime designer, and the engineer, in turn, hires the architect as a consultant for the building enclosure.

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equitable doctrine

Back 142

just and conformable to the principles of justice and right; existing in equity; available or sustainable in equity or only upon the rules and principles of equity.

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court of equity

Back 143

court which administers justice according to the system of equity and according to a peculiar course of procedure or practice. equity denotes the spirit and habit of fairness, justness, and right dealing which should regulate the interaction of men. its obligation is ethical rather than jural. it is grounded in the precepts of the conscience, not in any sanction of positive law. it is justice that is ascertained by natural reason or ethical insight independant of the formulated body of justice that is ascertained by natural reason or ethical insight independent of the formulated body of law.

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promissory estoppel

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an equitable doctrine which holds the promisor bound to a promise if injustice can be avoided only by enforcement of the promise. a typical application of this doctrine in the construction industry is holding a subcontractor to its bid submitted to the prime contractor.

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exclusivity of contract provisions

Back 145

when a remedy for breach is included as a part of the contract, that remedy is considered exclusive or other remedies provided by law. some courts do not recognize exclusivity of a contract provision unless it is specifically stipulated that the remedy is exclusive. courts typically will look at all of the facts and circumstances surrounding the agreement as a means of determining the intention of the parties and will refuse to exclude other remedies unless such a result is required by a consideration of the facts of the particular agreement.

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exculpatory language

Back 146

clause in which a party who may suffer a loss agrees not to institute legal action against the party who may cause the loss. the classic example is a patient who, upon entering the hospital, agrees not to institute any legal action against the hospital or the doctors. in the jargon of the construction industry, indemnification clauses and disclaimer clauses are considered exculpatory language.

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expert witness

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may be a person of science, one educated in the arts, or a person possessing special or peculiar knowledge acquired from practical experience

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expressed warranty

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in contract and sales, a promise created by the apt and explicit statements of the seller or person to be bound.

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fast track method

Back 149

a way of organizing a design program which allows the contractor to begin construction on earlier phases of the project before the plans are completed for the entire project. caution must be exercised in the signing of the contract using these fast-track methods because of the result when going from phase to phase, and provisions must be included in the contract to compensate the contractor for additional work.

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fiduciary

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a person holding the position of a trustee or character analogous to that of a trustee in respect to the trust and confidence involved and the scrupulous good faith and candor which are required. in the construction industry, the architect and the owner are in a fiduciary relationship in respect to the contractor.

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field engineer

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an engineer assigned to a project during the construction phase and located at the project on a full-time basis

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field order

Back 152

a document issued by the architect directing the contractor to erect some portion of the building in a manner different from that described in the plans and specs. a field order is issued when the modification will not affect the money and/or the time spent on the project. these factors distinguish a field order from a change order. the change may be requested by the architect, owner, or contractor. (field orders are sometimes known as minor change orders)

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finality of decision

Back 153

a contract provision or the procedure of a legally recognized process which states that the decision rendered in the settlement of a dispute is final. Pursuant to such a provision, the courts will accord finality to that decision absent gross error for arbitrary and capricious action. in the arbitration process, the decision rendered by the arbitrators is final.

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"flow-down" clause

Back 154

in a contract between a subcontractor and a prime contractor, the performance of the subcontractor will be tied to the prime contractor in the same manner as the prime's performance is tied to the owner. some contracts between the contractors and subcontractors require more of the subcontractor than is required of the prime contractor by the owner. in a "flow-down" clause, the same requirements are established as a minimum requirement for the subcontractor

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foreign corporation

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an organization not incorporated in the state or jurisdiction in which it is performing work. a contractor must meet the legal requirements of the state in which it is performing work. these requirements may include incorporation and licensing as a construction contractor in that state.

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four-corner rule

Back 156

the face of a written instrument. that which is contained on the face of a deed, without any aid from the knowledge of the circumstances under which it is made, is said to be within its four corners. in the construction industry, the contract documents, including the drawings, specs, general conditions, etc. for the face value of the contract.

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fraud, fraudulent

Back 157

an intentional perversion of truth for the purpose of inducing another, in reliance upon it, to part with some valuable thing or to surrender a legal right; a false representation of a matter of fact, whether by words, by conduct, by false or misleading allegations, or by concealment of that which should have been disclosed, which deceives and is intended to deceive another so that he or she shall act upon it to his or her legal injury

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general conditions

Back 158

those portions of the contract documents which define, set forth, or relate to contract terminology, the rights and responsibilities of the contracting parties and of others involved in the work, and similar provisions of a general nontechnical nature. conditions can be either expressed, which are stated in the contract, or implied, which are not set forth in words but arise out of the intentions of the parties to contract.

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general contractor

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the builder of the portion of the building which is considered the general portion or the architectural portion. this term is sometimes erroneously interchanged with the term "prime contractor"

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guaranty

Back 160

a collateral agreement for performance of another undertaking; a promise to answer for payment of debt or performance of an obligation if the liable person fails to make payment or perform the obligation.

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"hold-harmless" clause

Back 161

this heading is interchangeably used with the heading 'indemnification clause"

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immunity

Back 162

exemption from performing duties which the law generally requires others to perform.

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implied

Back 163

where the intention is not manifested by an explicit and direct word but is gathered by implication or deduction from the circumstances.

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implied agency

Back 164

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

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implied contractual provisions

Back 165

provisions which do not appear in the written embodiment of the agreement, but which exist by implication. these primarily include the implied duties to cooperate and to disclose, the implied warranty of specification suitability, and fair dealing. recovery under these implied clauses may not be subject to the limitations on recovery under the expressed provisions of the contract.

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implied warranty

Back 166

a promise established by implication or interference from the nature of the transaction or the situation or circumstances of the parties.

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impossibility of performance

Back 167

a requirement of the contract which is physically impossible to perform within the existing state of the art. 3 factors must exist to render a requirement impossible: (1) the impossibility must be inherent in the nature of the act to be performed rather than personal to the contract (2)the facts which make the performance impossible must not have been foreseeable (3) the person seeking to be excused from performance must have been in no way responsible for the impossibility.

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commercial impracticability

Back 168

the doctrine that recognizes that, in some instances, contract performance may become so costly that its impracticability makes it the equivalent of impossibility.

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imputed knowledge

Back 169

knowledge of a fact which is attributed vicariously to another. knowledge is said to be imputed to a person when it is charged to the person because another person is cognizant of it or responsible for it. in an agency relationship, the principle has knowledge imputed to him or her when the agent receives or is made cognizant of that knowledge.

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incorporated papers

Back 170

where the signatories execute a contract which refers to another instrument in such a manner as to establish that they intend to make the terms and conditions of that other instrument a part of their understanding. the two instruments may be interpreted together as the agreement of the parties.

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indemnification

Back 171

the process by which one party seeks to protect itself from any claims by a plaintiff who has been injured or who has suffered loss. one method of obtaining indemnification is to obtain a promise from the contractor that it will insure the owner, and in some cases the architect, against any liens or suits by a third party not privy to the contract. the courts generally enforce contractual indemnification provisions; but, they are hesitant to permit a party to use indemnification when that party has played a major role in causing the loss. indemnification is a contractual obligation by which one person or organization agrees to secure another against loss or damage from a specified liability.

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injunction

Back 172

a prohibitive writ issued by a court of equity to a party defendant, forbidding the latter to do some act which it is threatening or attempting to commit, or restraining it in the continuance thereof, such as being unjust, inequitable, or injurious to the plaintiff. in the application of the equitable doctrine of promissary estoppel, one can only stop the subcontractor from withdrawing its bid. this is an injunctive procedure preventing the subcontractor from performing an act, but it cannot assess damages against the subcontractor.

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inspection team

Back 173

the inspectors assigned to a project for the purpose of carrying out the quality control plan.

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insurance

Back 174

a contract whereby, for a stipulated consideration, one party undertakes to compensate the other for loss on a specified subject by specifying perils. the party agreeing to make the compensation usually is called the insurer or underwriter; the other is the insured or assured; the agreed consideration is the premium; the written contract is the policy; the events insured against are risks or perils; and the subject, right, or interest to be protected is the insurable interest. insurance is contract whereby one undertakes to indemnify another against loss, damage, or liability arising from an unknown or contingent event and is applicable only to some contingency or act to occur in the future.

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interference

Back 175

the act of hampering, hindering, disturbing, intervening, interposing, or taking part in the concerns and affairs of others. in the construction industry, when a contractor has work interrupted by the acts of the architect or owner, it may file suit on the grounds of interference. however, before liability will be assessed, most courts require that interference with the contract be intentional and not merely negligent.

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invitation to bid

Back 176

a solicitation for competitive bids; an invitation to submit offers on behalf of contractors, which are then subject to acceptance by the procuring agency or owner to form the basis of the contract. the invitation to bid competitively is not an offer on behalf of the procuring agency or owner to contract but is simply a request for solicitation for offers to contract.

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judicial

Back 177

belonging to the office of a judge, as in a judicial authority, a court of justice, a judicial writ, or a judicial determination.

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judiciary

Back 178

pertaining or relating to the courts of justice, to the judicial department of government, or to the administration of justice; that branch of government invested with the judicial power; the system of courts in a country.

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latent

Back 179

hidden, concealed, dormant; does not appear upon the face of a thing, as in a latent ambiguity.

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liability

Back 180

bound or obliged in law or equity; responsible or answerable to make satisfaction, compensation, or restitution.

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license

Back 181

certificate or document which gives permission; a permission by a competent authority to do some act which, without such authorization, would be illegal or would be a trespass or a tort.

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lien

Back 182

a charge, security, or encumbrance upon property; a claim or charge on property for payment of some debt, obligation, or duty.

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mechanic's lien

Back 183

a claim created by law for the purpose of securing priority of payment of the price or value of the work performed and materials furnished in erecting or repairing a building or other structure and, as such, attached to the land as well as to buildings and improvements erected thereon.

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partial waiver of lien

Back 184

in the construction industry, a document used to certify that a portion of the total amount due to a subcontractor has been paid and, therefore, that that portion or amount of money cannot be used as a basis for a lien against the property.

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waiver lien

Back 185

to deny the right expressed in the lien. in the construction industry, it is a certificate issued upon completion of work, signifying that all monies have been paid and that the right to lien against the property is removed.

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statute of limitations

Back 186

a statute prescribing limitations to the right to bring on action based on certain prescribed causes of action; that is, declaring that no suit shall be maintained on such causes of action unless brought within a specified period after the right has accrued; a certain time allowed by a statute for litigation. the provisions of state constitution are not a grant but are a limitation of legislative power.

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mandamus

Back 187

a writ issued from a court of superior jurisdiction and directed to a private or municipal corporation, or any of its offices, or to an executive, administrator, or judicial officer, commanding the performance of a particular act therein specified and belonging to its public, official, or ministerial duty or directing the restoration of the complainant to rights or privileges of which he or she has been illegally deprived; a command from a higher court to a lower court to perform a particular act. in the construction industry, a writ is issued to the contracting officer conducting a bid opening session or the letting of contracts if the officer is not complying with the proper legal procedures. if a public body is withholding the execution of a contract, mandamus may be applied to compel the body to act.

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mandate

Back 188

a precept or order issued by a superior court upon the decision of an appeal or writ of error which directs action to be taken or disposition to be made of case. in some state jurisdictions, the term "mandate" has been substituted for "mandamus" as the formal title of that writ.

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mandatory clauses (mandatory provisions)

Back 189

clauses which must appear in the contract writing due to their legal status as a federal, state, or local law. the amount of minority business participation or the licensing of a contractor or subcontractor are clauses which fall into this category in certain jurisdictions.

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material variance

Back 190

a deviation from that which was specified in the original contract documents. in the bid process, a material variance from the which is required in the bid documents will be the basis for rejection of the bid. the degree of variance in a bid process is determined by whether the bidder's proposal gives it an advantage or benefit not enjoyed by the other bidders. a mere irregularity in form which can be corrected upon the opening of the bid is not considered a material variance.

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meeting of minds

Back 191

the meeting of the minds required to make a contract is not based on secret purposes or intentions on the part of one of the parties, which it has stored away and not brought to the attention of the other parties, but must be based on purpose and intention which has been made known or from which all of the circumstances should be known.

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merchantability

Back 192

the article sold will be of the general kind described and reasonably fit for the general purpose for which it shall have been sold. where the article sold is ordinarily used in only one way, its fitness for use in that particular way is impliedly warranted unless there is evidence to the contrary.

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misrepresentation

Back 193

any manifestation by words or other conduct of one person to another that, under the circumstances, amounts to an assertion not in accordance with the facts. a party may be guilty of misrepresentation if it has erred in giving professional opinions or in making representatives as to existing facts or conditions which a third party has relied on in performance of work.

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mutuality of ascent

Back 194

compliance, approval of something done, or a declaration of willingness to do something in compliance with a request; an acting by two parties to perform a duty toward each other.

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negligence

Back 195

failure to exercise the degree of care which a reasonable and prudent party would exercise under the same circumstances. negligence is committed when a contractual duty is breached. a good example of negligence is where an architect failed to indicated in the plans the existence of an electric power line which he or she knew to be in the area of construction

Front 196

merchantability

Back 196

the article sold will be of the general kind described and reasonably fit for the general purpose for which it shall have been sold. ability of material to perform as it was intended to

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misrepresentation

Back 197

any manifestation by words or other conduct of one person to another that, under the circumstances, amounts to an assertion not in accordance with the facts. a party may be guilty of misrepresentation if it has erred in giving professional opinions or in making representations as to existing facts or conditions which a third party has relied upon in the performance of work

Front 198

mutuality of assent

Back 198

compliance, approval of something done, or a declaration of willingness to do something in compliance with a request; an acting by two parties to perform a duty toward each other

Front 199

negligence

Back 199

failure to exercise the degree of care which a reasonable and prudent party would exercise under the same circumstances. negligence is committed when a contractual duty is breached. a good example of negligence is where an architect failed to indicate in the plans the existence of an electric power line which he or she knew to be in the area of construction

Front 200

no damage for delay

Back 200

a clause contained in contracts which grants a party to the contract an extension of time but does not reimburse that party for any additional costs suffered during that time

Front 201

null and void

Back 201

naught; of no validity or effect.

Front 202

nullity

Back 202

nothing; an act or proceeding in a cause which the opposite party may treat as though it had not taken place or which has absolutely no legal force or effect

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offer

Back 203

an act on the part of one party whereby it gives to another the legal power of creating the obligation called contract; a proposal to do a thing; an element of a contract. it may be made either by word or by signs, either orally or in writing, and either personally or by a messenger; but in whatever way it is made, it is not an offer until it comes to the knowledge of the party to which it is made. an offer must be definite in its terms so that the promises and performances by each party are reasonably certain.

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option

Back 204

a choice; the power or liberty of choosing; materials which vary from the base requirements. an option has no effect on the cost to the owner.

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O.S.H.A.

Back 205

Occupational Safety and Health Act. a federal act creating an agency responsible for safety and health in the work place. the agency has the authority to issue citations to violators of the federal regulations imposed by the agency. There have been instances in the construction industry where OSHA has been used by the courts to establish a standard of care for the participants in the construction process

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owner

Back 206

the party at the instance of which the project is undertaken and the one which will take title to it when it is complete; the party in which is vested the ownership, dominion, or title to a property; on a construction project, the owner typically contracts independently with the architect or engineer and with the contractor

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parol evidence

Back 207

oral or verbal evidence; that which is given by word of mouth; the ordinary kind of evidence by witnesses in court. in a particular sense, and with reference to contracts, deeds, wills, and other writings, parol evidence is the same as extraneous evidence or evidence taken from outside of the contract writing

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parol evidence rule

Back 208

parol evidence or extrinsic evidence is not permitted to be used as part of the contract writing once the contract is executed. however, should writing be ambiguous and in need of clarification, then the courts will permit parol evidence. once the contract is executed, the bid proposal cannot be entered as evidence contrary to the contract writing unless the contract writing is ambiguous.

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patent / latent test

Back 209

patent - readily seen by reasonable inspection
latent - hidden (beyond control of observer
if the deficiency is patent at the time of inspection, then any future damages are the owner's responsibilities.
if the deficiency is latent (hidden) at the time of the inspection, then any future damages are the contractor's responsibilities.

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payment bond

Back 210

a legal instrument which provides a source of payment for labor and materialmen should their employer fail to pay them because of either default or bankruptcy.

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performance bond

Back 211

a legal instrument which assures that if the contractor defaults, the surety company will complete performance or pay damages to the extent of the bond

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plaintiff

Back 212

a person or organization which brings an action; the party which complains or sues in a personal action and is so named on the record

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precedent

Back 213

an adjudged case or decision of a court of justice considered as furnishing an example of authority for an identical or similar case arising afterward or for a similar question of law

Front 214

prime contractor

Back 214

the party signing a contract with another party to directly perform the work required by that contract.

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privity

Back 215

in contractual relationships, privity is a relationship between the owner and the architect, and the owner and the contractor. there is no privity or contract between the architect and the contractor

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no privity rule

Back 216

1800s plaintiff denied access to the bench due to the fact that no contract existed between the plaintiff and the defendant.

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protest

Back 217

the initial act in establishing a claim to retain a party's contractual rights

Front 218

punitive damages

Back 218

relating to punishment; have the character of punishment or penalty; inflicting punishment or penalty

Front 219

quasi-judicial

Back 219

OSHA regulator's actions are quasi-judicial. when an architect acts as an arbitrator between the owner and the contractor, his decisions are considered quasi-judicial

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recovery

Back 220

the amount finally collected or the amount of judgment

Front 221

redress

Back 221

receiving satisfaction for any injury sustained

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regulation

Back 222

a rule or order prescribed for management or government. example: federal regulations instituted by OSHA

Front 223

reject any and all bids

Back 223

a provision for both public and private works.

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representative

Back 224

one who stands in the place of another, usually as an executor or administrator but not as an agent; one who represents the interests of another

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responsible bidder

Back 225

one who has the capability, in all respects, to fully perform the contract requirements and the integrity and reliability to assure good-faith performance

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responsive bidder

Back 226

one who submits a bid and fills out the forms completely and answers all questions

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retainage

Back 227

an amount of money established by a fixed percentage agreed to in the contract writing that is withheld by one party of the contract from the other as a means of security and/or assurance of performance. in the construction industry, retainage is withheld by the owner against the prime contractor, and the prime contractor, in a similar manner, withholds from its subs. a typical percentage is 10% of the amount paid on progress payments until 50% of the work is completed. at that time, the owner may discontinue withholding the retainage

Front 228

risk-shifting techniques

Back 228

include indemnification clauses, surety requirements (bid, performance, and payment bonds), "no damage for delay" clauses, etc. also, the "condition precedent to payment" clause, which requires the prime contractor to pay his subcontractor only after he has been paid by the owner

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security

Back 229

protection; assurance; indemnification. bonds are considered security against default by the bidder or contractor during the respective process.

Front 230

sovereign immunity

Back 230

legal immunity from lawsuits for public offices at the federal, state, and local levels. concept is waning, and now public offices can be sued, especially in tort cases. one federal case was the Tucker Act where Congress was sued in 1887.

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standard

Back 231

general recognition and conformity to established practice; a type, model, or combination of elements accepted as correct or perfect

Front 232

statement of probable construction costs

Back 232

term introduced by the AIA in 1963 to help minimize the responsibility of guaranteeing the cost estimate. Prior to that time, "cost estimate" was used

Front 233

statute

Back 233

an act of a legislature declaring or prohibiting something; a particular law enacted and established by the will of the legislative department of government. these laws must be adhered to by all parties within that jurisdiction

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statute of frauds

Back 234

declares that unless a contract is put in writing, it may not be substantiated as legally binding in a court of law. however, one should be aware that oral agreements are legally binding under certain parameters established by the Uniform Commercial Code (UCC)

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strict liability

Back 235

liability without fault. a case of strict liability where neither care nor negligence, neither good not bad faith, and neither knowledge nor ignorance will save the defendant

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subcontractor

Back 236

a party which takes over portions of a contract from the prime contractor. relationship to the prime contractor is that of an independent contractor.

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substantial completion

Back 237

the state of completion whereby the building, or a part thereof, is rendered complete to the degree that the owner can use the building, or a part thereof, for its intended purpose

Front 238

substantial conformity

Back 238

where a party has complied with the requirements of a writing to the degree that it is essentially the same as that which is required. substantial conformity may be considered the opposite of material variance

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supplemental conditions

Back 239

used to modify the general conditions to make them project specific

Front 240

surety

Back 240

a party which undertakes to pay money in the event that its principal fails

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"suspension of work" clause

Back 241

clause which allows the owner to suspend the work for any amount of time as convenient to the owner. an adjustment is usually made paying the contractor any increase caused by this suspense minus profits

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sweat equity

Back 242

"mutual help" in certain federal agencies' contracts. the department of health and urban development (HUD) requires that the tenants of housing built by the federal assistance programs, such as housing for the Indians on Indian Reservations, contribute to the construction of the unit by giving of their manual labor. this labor is known as mutual help or sweat equity.

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termination

Back 243

to put an end to; to make to cease; to end.

Front 244

termination for default

Back 244

the owner's right to terminate the contract if the contractor does not finish the work in time; especially if time is of the essence. in federal construction projects, time is always of the essence.

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third party

Back 245

a party which is not privy to a contract but which may be bound or benefited through a written or implied legal relationship

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third party beneficiary

Back 246

a party that benefits from a contract between two other parties, not incidentally, but clearly stated in the contract

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third party liability

Back 247

a third party's right to recover damages from a party to a contract if shown that the transaction, within the contract requirements, was intended to affect the plaintiff (third party), and injury to the plaintiff was foreseeable.

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tort

Back 248

a private of civil wrong or injury; a wrong independent of contract

Front 249

tortfeasor

Back 249

a wrongdoer; one who commits or is guilty of tort

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treble damages

Back 250

damages given by a statute in certain cases, tripling the single damages. the usual practice is for the jury to find the amount of damages and for the court to order the amount be trebled.

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turnkey contract

Back 251

method of organizing a building project in which a contractor and a designer agree to provide a finished building at an agreed upon price. most turnkey projects are built for HUD.

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uncertainty

Back 252

vague; rendering a contract unintelligible, so that it cannot be interpreted or executed and no definite meaning can be extracted from it.

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unified bid

Back 253

in a multiple prime construction contract, solicitation for bids is presented to the bidders in several separate prime contact packages. in a unified bid procedure, the bidders are permitted to bid on either one or as many of the bid packages as are presented

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UCC - Uniform Commercial Code

Back 254

a body of laws which governs the sale of goods in almost every state of the US. can be found in shipping, handling, and purchasing of materials for a project

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unjust enrichment

Back 255

doctrine stating that persons shall not be allowed to profit or enrich themselves inequitably at another's expense

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waiver

Back 256

the intentional or voluntary relinquishment of a known right. example is when an owner waives the right to a signed change order

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warranty

Back 257

a promise that a proposition of fact is true

Front 258

warranty of specifications

Back 258

the owner's implied warranty, when providing the plans and specs, that the plans and specs are possible to perform, are adequate for their intended purposes, and are free from defect

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zoning

Back 259

a local ordinance which governs the use of land and the overall characteristics of the structures that may be erected.; the division of a city by legislative regulation into districts and the prescription and application in each district of regulations having to do with structural and architectural designs of buildings and of regulations prescribing uses for buildings within designated districts.

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private practice

Back 260

common business purpose, share in profits and losses, legal liability of partners for business decisions of partners, ownership of property in the name of the partnership

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corporation

Back 261

continuity of existence, ownership of property, limited liability

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joint venture

Back 262

limited duration, specific goal