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26 Cards in this Set
- Front
- Back
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MECHANIC'S LIEN |
IS A RIGHT CREATED BY LAW THAT PERMITS A WORKER TO PLACE A CLAIM ON LAND WHICH IMPROVEMENTS HAVE BEEN MADE. THIS CLAIM INITIALLY CONSISTS OF FILING THE FORMAL PAPERS WHICH SECURE FOR THE WORKER OR MATERIALS SUPPLIER A RIGHT TO THE PROPERTY UNTIL THE DEBT IS PAID. THE SIMPLEST WAY FOR THE LIEN TO BE DISCHARGED IS FOR THE LANDOWNER TO PAY THE DEBT. USED ONLY IN THE PRIVATE SECTOR OF THE CONSTRUCTION INDUSTRY. |
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STOP NOTICE |
PERMITS A WORKER, MATERIALS SUPPLIER, OR SUBCONTRACTOR TO NOTIFY THE OWNER WHEN THE GENERAL CONTRACTOR HAS FAILED TO MAKE PAYMENTS FOR LABOR AND/OR MATERIALS. UPON RECEIPT OF THIS NOTICE, THE OWNER WILL MAKE NO FURTHER PAYMENTS TO THE GC UNTIL THE CLAIMANT HAS BEEN PAID. |
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PAYMENT BOND |
A LEGAL INSTRUMENT WHICH PROVIDES A SOURCE OF PAYMENT FOR LABOR AND MATERIAL SHOULD THEIR EMPLOYER FAIL TO PAY THEM BECAUSE OF EITHER DEFAULT OR BANKRUPTCY. THUS, WITHOUT A PAYMENT BOND, THE OWNER MAY PAY TWICE FOR WORK DONE: ONCE TO THE PRIME CONTRACTOR AND ONCE TO THE SUBCONTRACTOR OR SUPPLIER. |
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NEGLIGENCE |
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. |
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AGENT |
A PERSON AUTHORIZED BY ANOTHER TO ACT FOR HIM OR HER; ONE WHO IS EMPLOYED TO REPRESENT ANOTHER IN BUSINESS AND LEGAL DEALINGS WITH THIRD PERSONS. IN A TYPICAL AGENCY RELATIONSHIP, THREE PARTIES ARE INVOLVED: A PRINCIPAL, AN AGENT, AND A THIRD PARTY. THE AGENT REPRESENTS THE THE PRINCIPAL IN DEALING WITH THE THIRD PARTY. THE AGENT CAN BE PLACED IN A POSITION TO EXERCISE DISCRETION AND CAN EVEN ENTER INTO CONTRACTS THAT ARE BINDING ON BEHALF OF THE PRINCIPAL. |
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TITLE ACT |
A TITLE ACT ALLOWS INDIVIDUALS TO PERFORM THE DUTIES OF A LANDSCAPE ARCHITECT AS LONG AS THEY DO NOT CALL THEMSELVES LANDSCAPE ARCHITECTS. |
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PRACTICE ACT |
A PRACTICE ACT TAKES A TITLE ACT AND IMPROVES ON IT. A PRACTICE ACT REGULATES THE TITLE OF LANDSCAPE ARCHITECT. IT ALSO DISALLOWS ANYONE FROM PERFORMING THE DUTIES IF THEY ARE NOT LICENSED AS WELL AS PROTECTS THE CITIZENS FROM PEOPLE WHO ARE NOT QUALIFIED FROM PERFORMING THOSE DUTIES BY MAKING IT A CRIMINAL ACT TO PERFORM THE DUTIES OF A LANDSCAPE ARCHITECT WITHOUT BEING PROPERLY LICENSED. |
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MALFEASANCE |
IS KNOWINGLY COMMITTING ACTIONS THAT ARE EXPRESSLY FORBIDDEN BY CONTRACT OR LAW. |
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CHANGE ORDER |
A DIRECTIVE, USUALLY AUTHORIZED IN WRITING BY THE OWNER, TO ALTER OR MODIFY SOME ASPECT OF THE PROJECT (SCOPE OF WORK). SUCH A DIRECTIVE IS GENERALLY ACCOMPANIED BY AN ADJUSTMENT TO THE CONTRACT AMOUNT AND/OR THE CONTRACT DURATION. |
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LIQUIDATED DAMAGES |
A SPECIFIED SUM OF MONEY THAT IS CHARGED AGAINST A CONTRACTOR FOR EACH DAY THAT THE PROJECT COMPLETION IS DELAYED. THIS AMOUNT IS ASSUMED TO ACCURATELY REFLECT THE ANTICIPATED COSTS OF THE LATE COMPLETION. |
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TORT LAW |
A WRONG COMMITTED BY A PERSON AGAINST SECOND PARTY AS A RESULT OF AN ACT OR THE FAILURE TO ACT WHEN THAT PERSON HAD A DUTY TO THE SECOND PARTY. |
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LUMP SUM CONTRACT |
A CONTRACT IN WHICH THE CONTRACTOR AGREES TO CONSTRUCT A PROJECT FOR A SPECIFIED SUM OF MONEY. |
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SUBSTANTIAL COMPLETION |
A DESIGNATION OF WHEN A PROJECT IS SUFFICIENTLY FINISHED TO BE OCCUPIED BY THE OWNER. THE DURATION OF THE PROJECT IS MEASURED AGAINST SUBSTANTIAL COMPLETION TO DETERMINE WHEN THE LAST PERIODIC PAYMENT CAN BE MADE. |
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DEPOSITION |
ANY TESTIMONY GIVEN OUTSIDE OF COURT. |
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TIME IS OFF THE ESSENCE CLAUSE |
A TIME IS OF THE ESSENCE CLAUSE SHOULD BE PUT INTO A CONTRACT TO MAKE IT WELL KNOWN THAT A PROJECT NEEDS TO BE COMPLETED BY A SPECIFIC DATE AND IF IT IS NOT, THEN THE OWNER CAN SUE FOR LIQUIDATED DAMAGES. |
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METES AND BOUNDS |
THE LEGAL DESCRIPTION OF A PARCEL OF LAND. THIS TYPE OF SYSTEM DESCRIBES THE BOUNDARIES IN A SEQUENTIAL MANNER FROM BEGINNING TO END. |
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LIS PENDENS |
IS THE TERMS USED TO REFER TO ANY PENDING LAWSUIT FILED AGAINST THE OWNERSHIP OF A PIECE OF PROPERTY. |
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PERFORMANCE BOND |
A SURETY INSTRUMENT IN WHICH THE FAITHFUL PERFORMANCE OF A CONTRACTOR IS GUARANTEED UP TO THE FACE VALUE OF THE BOND. |
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ERRORS AND OMISSIONS |
ERRORS AND OMISSIONS INSURANCE PROTECTS LANDSCAPE ARCHITECTS AGAINST A POOR AND FAULTY DESIGN. |
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ARBITRATION |
A WELL ESTABLISHED ALTERNATIVE TO LITIGATION IN WHICH THE CONFLICT IS RESOLVED BY AN IMPARTIAL THIRD-PARTY OR AN IMPARTIAL PANEL OF SELECTED INDIVIDUALS. |
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CRITICAL PATH METHOD |
THE CRITICAL PATH METHOD IS USED BY PM TO EFFECTIVELY SCHEDULE WORK EVENTS FOR THE DURATION OF A PROJECT BY SCHEDULING SIMILAR EVENTS IN SUCCESSION. THIS TYPE OF SCHEDULING METHOD PROVIDES THE MOST EFFICIENT WAY TO CONSTRUCT A PROJECT. |
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LIQUIDATED DAMAGES |
LIQUIDATED DAMAGES PROVIDE COMPENSATION TO THE OWNER FOR FINANCIAL AND OTHER LOSSES RESULTING FROM DELAYED COMPLETION. |
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ACCELERATION |
CONSISTS OF A DIRECT ORDER BY THE OWNER TO HIRE ADDITIONAL WORKERS, WORK OVERTIME OR WORK EXTRA SHIFTS ON THE PROJECT. |
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CONSTRUCTIVE ACCELERATION |
DOES NOT RESULT AS A DIRECT ORDER BUT IS CONSTRUED AS ACCELERATION BY MEANS OF THE OWNERS' REFUSAL TO PERMIT OR GRANT TIME EXTENSIONS FOR AN EXCUSABLE DELAY. WHEN THE OWNER ENFORCES ORIGINAL COMPLETION DATE, EVEN IF THE CONTRACTOR REQUESTS EXTENSIONS FOR FALLING BEHIND. |
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SUBSTANTIAL COMPLETION |
IMPLIES NOTHING LESS THAN ABSOLUTE OR FINAL COMPLETION. SUBSTANTIAL COMPLETION IS DETERMINES BY THE DESIGNER. A PROJECT IS SUBSTANTIALLY COMPLETE WHEN THE OWNER CAN OCCUPY IT. |
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PUNCH LIST |
A FEW MINOR NOTED ITEMS MUST BE CORRECTED BEFORE THE RELEASE OF ANY RETAINAGE. THESE MINOR WORK ITEMS ARE TYPICALLY DOCUMENTED BY THE OWNER'S REPRESENTATIVE AND DISTRIBUTED TO THE GC AND THE SUBCONTRACTORS. THIS DOCUMENTATION OF MINOR DEFICIENCIES OF THE PROJECT IS COMMONLY CALLED THE PUNCH LIST. |
