Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
107 Cards in this Set
- Front
- Back
|
Submittals are approved by |
Owners or architect? |
|
|
Subsurface conditions (sooo boring, test piles etc) are whose responsibility? |
Owner |
|
|
Failure to do a required act |
Nonfeasance |
|
|
The unit price form of construction cobra facts is desirable when |
Variations are expected in quantities and materials estimated |
|
|
The largest single item of overhead cost for an la office is |
Salaries of administrative personnel (Know direct costs vs overhead) |
|
|
Insurance to cover vandalism during course of construction is furnished by: |
Contractors coverage for liability |
|
|
The actual cost of materials delivered to the site exceeds the cash allowance stayed in the contract: |
The contractor may not request increase in the cost of installation |
|
|
A complete set of contract documents normally includes |
Cost estimate and contract only (does not include advertisement) |
|
|
The la's responsibility in administration of the construction contract ends: |
Upon final payment by the owner to the contractor |
|
|
Limit of liability clause in la contract should be used with |
Everyone, always! (Steady small, large new..) |
|
|
Best method to recruit new personnel |
Employees recommendation Classifieds in paper Professional journal Employment agency |
|
|
Payment bonds prevent |
LIENS |
|
|
For a public project, without a bond, subs and suppliers do what if they aren't paid? |
File a STOP NOTICE |
|
|
Miller act |
Requires payment and performance bonds on state projects |
|
|
MILESTONES |
Completion of portions of the work by interim dates. Require the contractor to schedule and perform the work in a manner that meets the milestones for specified portions of the work. Changes in milestone dates or timeline = change order! |
|
|
CONSTRUCTIVE CHANGE |
owner changes conditions- contractor is entitled to adjustment in contract price and timeline. |
|
|
WHEN DOES WARRANTY BEGIN |
at substantial completion |
|
|
LIQUIDATED DAMAGES |
Failure to finish on time is considered a BREACH OF CONTRACT Only can be at an amount that is reasonable in the light of the anticipated or actual loss caused by the breach. COMPENSATORY not PUNITIVE (punish) LD ends at substantial completion because "usable" by owner. |
|
|
MECHANIC LIEN VS PAYMENT BOND |
Mechanic Lien's cannot be placed against public property- therefore, the payment bond is the only protection these claimants have if they are not paid for the goods and services they provide to the contract. file a stop notice. Upon notice, the owner will make no further payments to the general contractor until the claimant has been paid. Miller Act requires payment and performance bond on federal construction projects. |
|
|
WHO DO BONDS PROTECT? |
They protect the OWNER. They are not intended to protect the contractors that post them. They protect the OWNER of the construction project against contractor failure and protect certain laborers, materials suppliers and subcontractors against non-payment. |
|
|
What is a FUD |
It illustrates general project components while taking into consideration the components' sizes, shapes, and relationships to one another. |
|
|
Focus Groups |
A good way to discover the attitudes of a wide variety of potential users. They allow groups to discuss topics in depth and they provide opportunities for participants' views to be considered. Focus group conversations can be spontaneous and can elicit solutions to a variety of potential project concerns. The client can be included in the process. Start with broad questions, which will generate opinions on various topics. The topics can later be pared down to more specific questions or ideas. |
|
|
FOUR CORNER RULE |
Form the face value of a written agreementDrawings, Spec's General Conditions etc. |
|
|
FORCE ACCOUNT |
another name for self-performance method.no contracts are written - all work done in house. |
|
|
PROMISSORY ESTOPPEL |
promissory estoppel prevents one party from withdrawing a promise made to a second party if the latter has reasonably relied on that promise.common = subcontractor withdrawing a bid after GC has won contract based on that bid. |
|
|
ANOTHER WORD FOR EMINENT DOMAIN |
CONDEMNATION |
|
|
RIGHT OF WAY VS EASEMENT |
right of way - property is owned (either purchased or condemned by eminent domain) easement - a right to use, not owned. |
|
|
DISCHARGING A LIEN |
-Payment of the debt -Foreclosure First the suppliers are paid- then contractor and subcontractor |
|
|
CONTINGENT LIABILITY |
an injured third party is not affected by a contract between the two other parties.the owner may be held liable or have contingent liablity for damages sustained by a third party due to contractor's actions. A GC may have contingent liability due to subcontractor's actions.if a consultant is judged to be independent, a third party can seek recovery directly from them. |
|
|
acceptable and non acceptable reasons to withdraw a low bid |
unacceptable: -error of judgement acceptable: -error of fact - material error -mistakesgrounds to nullify the bid since there were no meeting of minds. |
|
|
design specifications ALSO CALLED: |
MATERIAL AND WORKMAN SPECS METHODS AND MATERIALS SPEC PRESCRIPTIVE SPECS |
|
|
PROPRIETARY SPECS |
AREN'T USED FOR PUBLIC PROJECTS BECAUSE THEY ONLY GIVE ONE OPTION (CLOSED) no allowance for alternatives which drives up price and eliminates any competition. open specs allow for more competitive lower prices |
|
|
SUBMITTALS |
designer should indicate when required.Could include cut-sheets, calcs, certificates, manufacturere's instructions, methods, etc.submittals are not generally required by proprietary, closed specs |
|
|
project schedule |
Contractor required to submit to owner showing critical path schedule, sequence of work, how work will meet number of working days or completion date specified in contract.once accepted by owner, both are bound to meet obligations to keep schedule. |
|
|
letter agreement contract |
written by consultant.generally produced from a master form.Preliminary contractual document which, with or without specifying the agreed to price or amount, authorizes a contractor to begin immediately with the job or project. A letter contractobligates the customer (principal) to either prepare the final (definitive) contract within the specified timeframe, or to reimburse the contractor for costs incurred under the letter. |
|
|
Certification of Payments/ Schedule of Values |
issuance of payment certificates by architect.Schedule of ValuesThe basis for calculating the owner's progress payments to the contractor is the schedule of values. This is an allocation of the total contract price among each of the segments of the work. It is prepared by the contractor and submitted for the architect's review and approval before the first payment. |
|
|
LA CA Duties |
Spending one day per week on site, attending a meeting and observing theprogress of construction• Responding to questions from the contractors and material suppliers• Reviewing shop drawings and submittals• Reviewing and certifying monthly applications for payment• Authoring clarifications and minor changes to the documents• Assisting consultants with construction administration duties• Record keeping• Project closeout responsibilities |
|
|
SITE INSPECTION |
There are only 2 inspections: at substantial completion and final completion.In the first of these two inspections, the architect is looking at the “completed” work to determine if it appears to be “substantially” complete. |
|
|
GANT CHART |
gantt chart = horizontal bar chart |
|
|
INDIRECT COSTS |
indirect costsIndirect costs are costs that are not directly accountable to a cost object (such as a particular project, facility, function or product). Indirect costs may be either fixed or variable. Indirect costs include administration, personnel and security costs. These are those cost which are not directly related to production.Costs usually allocated indirectlyUtilitiesRentAudit and legalAdministrative staffEquipment rentalFuelMaintenanceGeneratorSecurityTelephoneBill expense |
|
|
DIRECT COSTS |
Direct costs are directly attributable to the cost object. In construction, the costs of materials, labor, equipment, etc, and all directly involved efforts or expenses for the cost object are direct costs. Costs usually charged directly: - Project staff -Consultants -Project supplies - Publications -Travel -Labour -Material -Directors Salary Costs either charged directly or allocated indirectly - Telephone charges - Computer use -Project clerical personnel -Postage and printing -Miscellaneous office supplies - Overhead |
|
|
DIRECT PAYROLL VS DIRECT LABOR COSTS |
direct payroll costs:Payroll is the share of labor costs that goes directly to employees in their paychecks, or is withheld from their paychecks to cover their personal taxes. direct labor costs: also include the employer's matching contribution to social security and medicare funds. It also includes unemployment insurance and industrial insurance taxes. These are direct labor costs because they accrue directly on the sums that you pay your employees in exchange for their labor. |
|
|
A LANDSCAPE ARCHITECT WOULD NOT NORMALLY APPROVE A CONTRACTOR'S REQUEST FOR EXTENSION OF TIME FOR HTE COMPLETION OF THE CONTRACT BASED ON DELAYS CAUSED BY |
excessive amounts of uncorrected work |
|
|
contracts may be terminated |
-at the convenience of the owner -due to contractor default |
|
|
the estimate of probably construction cost furnished by the landscape architect to the owner is |
subject to market and competitive conditions during bidding |
|
|
b101- owner/landscape architect agreement the architect is responsible for proving |
too surveys and soil investigation |
|
|
the basis of an accounting system in a landscape architect's office which systematically lists the items reflecting the activities of the organization is |
a chart of accounts |
|
|
the largest single items of overhead cost for a la office is
|
salaries for administrative personnel |
|
|
planning tool graphically illustrating interrelationships while scheduling starting and finishing times |
critical path method (CPM) |
|
|
which cost analysis methods are currently widely employed? |
AREA AND VOLUME UNIT USE QUANTITY AND COST |
|
|
ESSENTIAL ELEMENTS OF A WRITTEN CONTRACT |
the identification of parties involved statement of lawful consideration statement of the purpose and time of performance |
|
|
sum which the contractor may be required to include in his bid and contract sum for specific purposes relating to items to be included in the project are called: |
COST ESTIMATES |
|
|
FIELD INSPECTION is an inspection conducted to check on: |
-contractor compliance with contract specifications
-construction deficiencies and poor workmanship -safety and labor code violations |
|
|
insurance to cover vandalism during the course of construction is furnished by: |
the contractor's coverage for liability |
|
|
costs for compaction testing should be paid by the |
owner |
|
|
if the actual cost of the materials delivered to the site exceeds the cash allowance stated in the contract documents the |
owner can refuse to pay the difference -The contract sum is not adjusted -landscape architect is not liable for difference -contractor may not request an increase in the cost of installation ? |
|
|
the landscape architect should obtain prior written permission of the owner in order to: |
-sublet any portion of work (assign?delegate?) |
|
|
FIXED fee method of charging for professional services is most useful in |
master planning? |
|
|
revised working drawings |
record drawings |
|
|
Licensure vs Certification |
Licensure: state regulation of a profession (not a function of ASLA) ONLY GAURAUNTEES MINIMAL COMPETENCY Certification: Overseen by CLARB- going above and beyond minimal competency. Demonstrates higher understanding and skill. |
|
|
PRACTICE LAW |
PROTECTS HEALTH SAFETY AND WELFARE- NOT LA PROFESSION. |
|
|
LICENSURE |
protects public health, safety and welfare - does NOT protect profession, but does increase professional status, decreases insurance rates and improves job status and ability to obtain quality work. |
|
|
Order of Licensure/ |
License (LEGAL)- minimal competency ----> Accreditation (EDUCATION) ----> Certification (CLARB) - above average professional |
|
|
rfp vs rfq |
request for qualifications- submit examples of previous work, experience, qualifications in order to recieve an RFP from a shortlist of professional firms. request for proposals- REQUEST OF IDEAS ABOUT A PROJECT |
|
|
Overhead vs Direct Costs |
Overhead: expenses without direct association to a specific project (indirect costs) COST OF DOING BUSINESS ex: phone calls, prints, materials Direct Costs: costs directly associated to a project (phone calls, flights, time, prints, materials, etc.) |
|
|
Fees that are best for each amount of time |
When you know scope of work and clearly defined: -% of construction (total construction budget) -Lump Sum When you don't know scope of work- hard to define and darwings aren't complete -Cost Plus -Hourly (Time Per Diem) - with Min/Max Upset |
|
|
Types of Work and their standard fee structure: -Feasibility study -Master Planning -Implementation (CD's) |
1. Fixed Fee/Per Diem (Easy to predict) 2. Lump Sum (Fixed Fee) 3. % of construction |
|
|
Elements of a contract |
1. ASSENT (mutual agreement) - offer and acceptance. If any changes are made or modification to original offer it becomes a counter pffer - both parties must both accept the offer with signatures. 2. CONSIDERATION- the benefit/value/motive/$ that draws two parties together 3. LEGAL CAPACITY- must be 18, cannot be intoxicated, mentally ill or handicapped, cannot be under legal guardianship by another 4. LEGAL OBJECTIVE- cannot contract an illegal activity |
|
|
Order of Legal Precedent |
1. constitution 2. statute 3. regulation 4. Law of the case |
|
|
Penalties vs. Liquidated Damages |
PENALTY- pay a sum of money in the event that the contract has been breached. (associated with BONUS-) - you can't have one without the other -The amount payable is excessive when compared to loss
LIQUIDATED DAMAGES-similar but the intent is only recover the amount of the damages you sustain. -Genuine estimate of the loss to be suffered by the party in the event of a breach The real difference between the two is whether you are trying to profit from the breach. -contract terms should not be used for a party to profit from the breach of contract by the other party. - |
|
|
Legitimate/non-legitimate reasons for late work: |
-Added work -If another party delays the work of another (crucial questions arise that must be answered prior to work beginning- and L.A is out of town and can't be reached, etc) -Consultants or subcontractors didn't finish work on time -Bad Weather |
|
|
BREACHES OF DUTY |
NONFEASANCE- "no-t done" (Didn't fulfill responsibility) MISFEASANCE- legal act was fulfilled but not done correctly. "MIS-TAKE" MALFEASANCE- "ma-lice" - breaks the law |
|
|
Do not tell a contractor how to do his work- instead tell them how it should look or function (perform) and let them figure out construction. This shifts LIABILITY from you to contractor should structure fail or injure someone. Be especially careful if you are acting as the AGENT of owner- since this would shift the liability to THEM. |
|
|
|
REAL PROPERTY VS PERSONAL PROPERTY |
REAL PROPERTY is fixed and immovable PERSONAL PROPERTY is mobile and perishable (car, money, etc.) |
|
|
MAINTENANCE BOND |
Gaurantees that completed work will be free of defects for a set period of time. |
|
|
mechanics liens must be filed |
within 45 days of substantial completion of project |
|
|
INSURANCE TO KNOW: |
- Limited Liability (errors and omissions) -Builders Risk (Construction --> fire, weather, flood etc.) -Contractors General Liability (CGL) -Workman's Compensation |
|
|
SPECIFICATIONS AREAS: |
1. General: Description, Submittals, Product Delivery, Storage, Job Conditions, Alternatives 2. Products: Materials, Mixes, Fabrication and manufacturer 3. Execution: Inspection Preparatoion Installation/application/performance field quality control adjust and clean schedules |
|
|
Which of the following documents is NOT part of the project manual bid package? |
-Addenda -Drawings -Scope of services -Specifications -Advertisement to Bid |
|
|
Strict Liability |
Liability without Fault |
|
|
Which one of the following elements is typical included in the advertisement for bid? |
Basis on which the bids will be judged Not: -Maximum Bid Estimate range -Survey of the property -Starting day of the construction project |
|
|
Which of the following is NOT a reason for rejecting a bid? |
-The bid is received and stamped two minutes after the advertised due time and day -Bonding requirements are not met -The bid form included in the bidding documents is altered -a clerical mistake |
|
|
The arbitration process is/isn't open to the public |
Is NOT. |
|
|
Scope of Services Include: |
-Description of work -Fee and products -breakdown of work items into phases with corresponding fees for each phase. -meetings and deadlines |
|
|
The purpose of setting projects charts is to |
-maintain schedules -monitor production activity -make prudent decisions related to the scheduling of personnel - |
|
|
The chart most commonly used for the typical projects in landscape architectural office is |
BAR CHART |
|
|
Which of the following is not a part part of the contract between the contractor and owner? |
Plans and specification Scope of Services Change Orders Addendas |
|
|
As a representative of the client you are obligated to conduct periodic inspections of a construction project. You observe a sidewalk is being placed in the wrong location- the construction supervisor is not on the site. It is your responsibility to |
advise the owner of the problem and inform the supervisor when he returns. do NOT require stop work (not LA responsibility) |
|
|
You have just signed a contract with a homeowner for the design of her courtyard. one part of the contract involves "consideration". consideration maens |
you will work with the client in accordance with the terms of the contract |
|
|
Certificate of payment should be signed by the LA |
True |
|
|
Field Observation Reports |
Provide a record of the construction activity |
|
|
Certification of substantial completion leads to |
the release of bonds |
|
|
The certificate of substantial completion is completed by |
The landscape architect and the contractor |
|
|
with the approval of the substantial completion form, the contractor is |
released from various bonds |
|
|
In order to join ASLA, you must |
Be involved in the public, private or academic practice of landscape architecture (don't have to have graduated from a school bc you can be in ASLA while still in school) |
|
|
Which statement best describes Scope of Service |
It is used to solicit proposals from consultants |
|
|
The scope of services sets the stage for |
Calculating the project budget Determining production hour needs (not reducing general overhead and administration costs) |
|
|
Scope of Services |
Provides a detailed description of each task |
|
|
RFP |
is initiated by the client |
|
|
Work Plan |
The basic document for a strong project management system |
|
|
Sequencing |
RFP Qualifications Scope of Services Contract Detailed Budget Contract |
|
|
Joint Venture |
is formed to create from a legal standpoint, a single firm to do the work |
|
|
the purpose of setting project charts is to |
maintain schedules monitor production activity make prudent decisions related to the scheduling of personnel. |
|
|
THE SCOPE OF SERVICS SETS THE STAGE FOR CONSULTING FIRMS TO |
determine personnel needs |
|
|
landscape architects may practice under |
Title and practice acts |
|
|
Project manual includes |
1. General Provisions (front end)- legal aspects 2. Technical Provisions ("specs")- technical aspects |
|
|
TYPES OF SPECIFICATIONS |
descriptive (Most liability to LA) -Work to be done -methods to use -products to use performance spec (most liability to contractor) -process is up to the contractor reference -refers to standard proprietary (closed) -specific manufacturer number etc. -not allowed on public project since it limits bidders -can be done if there is an "allowance" which sets sum of money aside to remove those portions of work from the bid set |
