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59 Cards in this Set
- Front
- Back
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types of contracts |
Percentage of Cost Agreement Multiple of Direct Personal Expense Agreement Flat Fee Agreement |
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two categories of tort
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Intentional torts Unintentional torts: Generally deal with issues of negligence |
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Negligence involve 4 concepts |
Duty of care Breach of duty Causal Connection Damages |
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Breach of duty |
Affirmative Acts Failure to Act (Errors and Omissions) |
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Duty of care |
Doctrine of Respondent Superior Doctrine of Gratuitous Service |
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Damages |
Compensatory Damages Consequential Damages Liquidated Damages Injunctions |
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Caveat Emptor |
Let the buyer beware |
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Comparative Negligence |
The legal doctrine that wrongdoers should pay damages proportional to their fault. |
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Exculpatory Clause |
免责条款（对party） |
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Indemnity |
免责承诺（对人） |
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Latent Defect |
A construction defect that is not perceptible by ordinary observation |
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Lis Pendens |
A document recorded in the County Recorder's office that gives public notification of litigation involving title to or the possession of real property. |
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General Liability |
the most basic type of commercial insurance limited to liability claims of bodily injury or property damage Coverage is provided for accidents at your place of business or at your customer's location |
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Professional Liability Insurance (Errors and Omissions Insurance): what to provide |
protects against loss from a claim of alleged negligent acts, errors or omissions in the performances of professional services. |
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Worker's Compensation Insurance: what to provide |
provides medical and disability coverage for on-the-job injuries or work related illness |
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Fidelity or Commercial Dishonesty Bond |
provides coverage when an employee steals money, equipment or other assets from a firm or its clients. |
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Employment Practices Liability Insurance |
covers allegations of discrimination, wrongful termination and sexual harassment of employees |
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Bid Bond |
Assures that the contractor will agree to the contract if his proposal is accepted. |
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Performance Bond |
Assures that the contractor will complete the work in conformance with the contract requirements. |
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Payment Bond |
Assures that the contractor (or their insurer) will pay their sub-contractors and material suppliers and that the owner will not be held responsible for contractor default. |
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Certificate of Insurance: definition |
Certifies that the contractor has adequate workers compensation, general liability, owners protective liability and Auto Liability Insurance |
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The standard general condition: definition / who is the target |
set out in detail the legal requirements of all parties to the contract (the owner, contractor and designer) |
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Supplemental General Conditions: definition / scope of application / how to show |
includes changes or amendments to the language of certain parts of the standard general conditions which are specific to a particular unit of government. The section simply outlines the words to be removed from the Standard Conditions and gives the words to be inserted in their place. |
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Addenda: what is it / when to issue |
Changes in the contract documents that are issued during the bid period. |
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Contract Unit Price: stated where / stated by whom |
a unit price stated on the bid form by the contractor that is the amount that he will charge for that item |
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Stipulated Unit Price: stated where / stated by whom |
A unit price stated in the contract documents (usually on the bid form) by the owner that is the amount that will be paid for that item. |
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Surety Bond: who to issue / what to protect |
Any type of bond issued by an insurance or bonding company which assumes financial liability in case of Contractor breach of contract |
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Code compliance reviews of plans performed by whom |
(Government) Planning, Building, Engineering, Police and Fire Staff |
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Development Review: what will it address / when will it take place |
address items such as mass scale appearance, traffic impacts, etc take place months (or longer) prior to issuing of a Building Permit. |
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Building Permit: what is required |
A more detailed level of information such as structural design and calculations. |
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Occupancy Permit: when to issue |
after the reviewing agencies are satisfied that all life safety issues and compliance with conditions of earlier permits have been resolved by Developer / Contractor |
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Value Engineering: who to perform / why to perform / what is the purpose / when to perform |
performed by an objective third party of a design triggered by a client request identifying potential savings via design changes without drastically compromising quality and identifying technical problems with the design best performed during DD |
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Constructability Review: who to perform / what to perform / what is the purpose / when to perform |
often involve a contractor and/or construction manager identify alternative ways of building a project or its components may shorten construction schedules, cut costs, or identify potential problems best saving occur when done early, concept or schematics |
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Cost Estimating: when to perform |
should be performed at each stage of the project development prcess |
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POE: 3 main schools of thought (according to Bycroft & McGregor) |
1. social science perspective, focus on users (functionality) 2. technical perspective, focus on building performance at all aspect 3. generalist architectural perspective, focus on aesthetics, conducted as walk throughs and discussion groups |
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POE: evaluators should describe or manipulate a setting |
describe |
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POE: The data collection should be done on site or elsewhere |
on site |
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POE: typical evaluation subject areas |
accessibility (ADA) aesthetics cost-effectiveness functionality productivity safety and security sustainability user satisfaction |
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POE: Another term for POE since 2002 |
Facility Performance Evaluation |
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ASI: full name / issued by whom / based on what / what else to include |
Architects Supplemental Instruction issued by a design consultant based on (usually) a field observation (usually) include a disclaimer statement that contractor will act without change in contract price or schedule unless otherwise noticed |
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Change Order: what is it / when to perform / how to react |
A significant change to the contract documents that may change the scope of work, time to complete the work, or the contract price during construction work requiring a change order should not be performed until after the paperwork is completed and a price agreed by the contractor and owner. |
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Collateral Work: definition |
work occurring on or adjacent to the project site which may require coordination with other contractor or entities |
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Contract Time Accounting: what is it / who to provide / what info to include |
A regular tabulation by the Project Designer which maintains a record of the number of working days remaining in the contract period |
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Field Order: what is it / ordered by whom / how to react |
a minor change in the work, which does not change the price or schedule of the contract can be ordered by landscape architect later written documentation should be provided of the changes |
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Mechanic Liens: who to issue / who is target / what is included |
sub-contractors or materials suppliers against the contractor, are transferable to owner claims for materials and services not paid for by contractor. |
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Notice to Proceed: issued to whom by whom / what does it mean |
a document issued by the owner to the contractor giving him a date by which he should begin construction. This sets the beginning of the contract period |
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Payment Request: requested from whom / what for / who should verify |
the contractor for payment for work completed or material ordered and delivered Designers responsibility to verify |
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Punch List: prepared by whom / when to prepare / what to include / how to react |
by designer after the final inspection once the contractor has notified the designer that he has completed the work a list of corrections, usually fairly minor. contractor must complete the list before the designer must verify the completion and authorize release of the retainage and the owner will accept the work from the contractor. |
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RFI: full name / submitted by whom to whom / request for what |
Request for Information by the General Contractor to the Prime Designer requesting clarification of the intent of a drawing or specification; or requesting a decision on an unforeseen condition discovered in the field |
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Retainage |
A percentage of the payments to the contractor which is held in escrow by the owner until after final acceptance of the project |
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Shop Drawings |
Detailed measured drawings provided by the contractor or his suppliers |
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Unilateral Change Order: when to issue / what to include / how to react |
when time does not permit the changes in price and schedule to be negotiated between the parties to the contract a type of change order, the changes to price and schedule are estimated by the owner. Contractor is required to proceed immediately on the order based on Owners estimate, but may file a claim for the difference in actual cost and the owners estimate per contract |
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does working day include days when weather conditions prevent normal construction practices |
No |
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Who should be responsible for quality of materials and workmanship |
Contractor |
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Who should be responsible for the proper storage and handling of materials on the project site |
Contractor |
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Who should take care to regularly check on the material storage measures and procedures of the contractor |
Designer |
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RFP: full name / prepared by whom to whom / describes what |
Request for Proposals prepared by an agency or client and made available to design professionals for their services. describes the location and scope of work for the project |
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RFQ: full name / prepared by whom to whom / describes what |
Request for Qualifications prepared by an agency or client and made available to design professionals for their services. generally issued to develop a list of consultants who are pre-qualified for project work for a fixed amount of time |
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Who is responsible for establishing standards for the licensure of Landscape Architects? |
State Licensing Boards |
