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83 Cards in this Set
- Front
- Back
what are included in the bidding documents
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bidding & contract requirements
plans specs |
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what are included in the contract documents
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contract
plans specs |
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execution of the contract means
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signing by both parties
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what are included in the construction documents
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plans and specs
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what is the current version of masterformat
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2010
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what is the previous version of masterformat
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2004
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how many divisions are in masterformat 2010
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50
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masterformat, uniformat, pageformat, sectionformat, and omniclass are all..
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standard layouts for specs
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specs that have been updated since the last full publication
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supplemental specs
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specs that are specific to a certain project
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special provisions
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specs that are being tested for inclusion in the next full release
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developmental or pilot specs
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military formatting tool
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specs intact
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another name for standard specs is
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boilerplate specs
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what are the 3 standard forms of agreement
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AIA contract docs
consensus docs EJCDC |
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these define the contractual relationships in design and construction
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standard forms of agreement
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the most recognized and longest producing entity of construction documents
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AIA
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joint venture of four major organizations of professional engineers and contractors
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EJCDC
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the standard form of agreement broken into families and series
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AIA
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the standard form of agreement broken into families
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EJCDC
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the standard form of agreement broken into series
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consensusdocs
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examples of AIA series
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A, B, C, D, E, F, G
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examples of consensusdocs series
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200, 300, 400, 500, 700, 800
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standard layout with 6 digits and 3 parts
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masterformat
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masterformats 3 parts are
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general
materials execution |
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stipulated sum is also known as
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lump sum and fixed price
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within stipulated sum, risk is primarily on the
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contractor
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the most common form of construction contract the past 100 years
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stipulated sum
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cost plus fee contracts work best with
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design build or fast track projects
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stipulated sum contracts work best with
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design bid build
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the most rigid form of contract is
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stipulated sum
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in stipulated sum, who is risk primarily on
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contractor
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in cost plus fee, who is risk primarily on
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owner
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what contract first well with design bid build
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stipulated sum
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what contract fits well with design build or fast track projects
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cost plus fee
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what is the most common form of construction contract the past 100 years
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stipulated sum
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alternate names for stipulated sum
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lump sum and fixed price
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contractors obligation in stipulated sum
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do the work in the time stated
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in stipulated sum, who is the first line interpreter of the construction documents
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designer
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advantages for which contract?
-owner can examine bids and select one that fits with his budget -owner has greater control of expenditures |
stipulated sum
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disadvantages of which contract?
-fixed and relatively inflexible -costs associated with changes -contractor isn't involved in design to lend expertise |
stipulated sum
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stipulated sum
-AIA___ -AIA___ -EJCDC___ -consensusdocs___ -consensusdocs___ |
AIA101
AIA201 EJCDC C-700 consensusdocs 200 consensusdocs 205 |
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contract where owner pays all the costs of work and in addition pays a fee for the contractors overhead and profit
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cost plus fee
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in cost plus fee, which costs are reimbursable?
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direct costs (labor, material, equip, etc)
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in cost plus fee, is job overhead directly reimbursable?
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yes
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in cost plus fee, is operating overhead directly reimbursable?
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no
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type of contract where owner has to closely monitor which overhead items he is being charged for separately
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cost plus fee
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type of contract where is it vital for the owner to have a fair and honest contractor
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cost plus fee
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type of contract where the owner and his rep need to be as knowledgeable as the contractor when drafting the contract
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cost plus fee
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type of contract where the owner has the right to access the contractors records for a specified period of time after final payment for work
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cost plus fee
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type of contract where the owner needs to clearly define which are and aren't reimbursable costs
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cost plus fee
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type of contract where there is greater emphasis on the A/E's construction knowledge
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cost plus fee
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is the list of bidders jointly developed by the owner, A/E, and GC in cost plus fee?
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yes
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in some ______ contracts, supplier contracts may be made by the owner
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cost plus fee
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advantages for what type of contract?
-owner can get work completed with incomplete design info -owner maintains a great degree of flexibility |
cost plus fee
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disadvantages of what type of contract?
-owner does not know his final cost -contractor deals with inconclusive set of work, impacting general planning |
cost plus fee
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CPF contracts standard forms:
-AIA___ -AIA___ -EJCDC___ -consensusdocs___ -consensusdocs___ |
-AIA101
-AIA201 -EJCDC C-700 -consensusdocs 200 -consensusdocs 205 |
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type of contract least familiar in america and usually restricted to engineered construction work
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unit price
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type of contract that requires detailed measurements for payment
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unit price
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in unit price contracts do the standard forms of agreement typically allow the owner to review and approve the list of subs?
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yes
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Any contract in which one of the documents is a collection of bills, or schedules, of measured quantities of the work items and the job overhead items required by a lump-sum contract.
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contracts with quantities
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what type of contract?
-sub lists may be required at bid or shortly thereafter -changes to the sub lists will lead to a higher cost for the next highest sub |
contracts with quantities
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An established principle or proposition. A principle of law universally admitted, as being just and consonant with reason.
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maxim
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1. A general truth, fundamental principle, or rule of conduct .
2. A proverbial saying |
maxim
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Underlying principles.
Represent basic attitudes of the U.S. courts on various legal disputes. Often unstated! aka “public policy”. |
maxims of law
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Entity who enters into a binding agreement with
one or more other contracting parties and thus accepts the benefits and obligations specified therein. |
party to a contract
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the us legal system is a _____ law system
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common
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Continental Europe and Louisiana.
Based (primarily) on codes and statutes. Judges / courts interpret and apply the law. |
civil law system
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Rest of U.S. and countries tracing legal heritage to England.
Based on codes and statutes – as well as case law. Decisions above the trial court (appellate and supreme courts) are law that applies to subsequent cases. |
common law system
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-an area that has its own independent set of laws
-power to hear a case |
jurisdiction
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makes and enacts the laws
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legislative branch
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laws are also called
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statutes
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like statues may be grouped into a
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code
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Established to help legislative and executive branches carry out certain types of laws.
-IRS – Internal Revenue Service -DOT – Dept. of Transportation -SSA – Social Security Administration -EEOC – Equal Employment Opportunity Comm. -OSHA – Occupational Safety and Health Admin |
administrative agencies
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caries out and enforces the laws. only branch that can apply force to the populace
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executive branch
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interprets laws
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judicial branch
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3 levels of courts
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trial
appellate supreme |
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majority of construction disputes are _____ using the law of their jurisdiction
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arbitrated
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can a construction contract end up in the us supreme court?
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probably not
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does a decision by one appellate judge obligate another judge?
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no
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having different laws under the same jurisdiction (grand rapids v detroit) may lead to the supreme court hearing an appeal for a state wide
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common law
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_____ law supports and upholds voluntary duties between parties
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contract law
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_____ law supports and upholds duties imposed by law between parties
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tort law
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a party must honor its contract or respond in
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damages
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