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151 Cards in this Set
- Front
- Back
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The action that would be taken against a property owner to enforce code compliance. It authorizes removal of an improvement not allowed by code. |
Abatement
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Used for a directive to change an agreement,
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Addendum
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Items not included in the overall project which may be added to the project at the owners request.
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Additive Alternates
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Decision made by governor appointed boards that enforce landscape architecture regulations.
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Administrative Agency Action
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Type of professional assistance needed to respond to an action, such as refusal to renew an LA's license, by a state board.
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Administrative Practice
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Type of declatory 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.
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Affidavit
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Agreement between Owner and Consultant
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Agreement for Professional Services
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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.
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Arbitration
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Transfer of an obligation or contract from one person or firm to another.
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Assignment
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Not a financial guarantee; it is a contract term related to contract survivability. This contract provision extends the life of a contract agreement beyond one or more of the original contract parties, to an heir or successor. It might only be the extension of an obligation to act or refrain from action.
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Assignment with right of survivorship
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The valuation of property for the purpose of levying a tax or the amount of the tax levied.
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Assessment
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The owner or the agent of the owner who awards an original building or construction contract, also known as the prime contract. This term is usually used with public works.
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Awarding Authority
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Refers to documents that are not part of the technical specifications yet are added to the front of the project manual, which includes the technical and general specifications. The time and place to submit a bid can be found here, along with the invitation to bid and the bid form.
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Bidders Instructions
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During this phase of a project, a contractor will use the construction documents, which include drawings and specs, to bid the project. Any addenda would become part of the construction documents.
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Bidding Phase
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Three elements to bidding requirements:
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1. Invitation to Bidders
- License requirements - Scope of work 2. Instructions to Bidders - Location, time and date of bids - Bonding requirements 3. The Bid Form - Line for base bid - Deductive or additive alternate bid - Signature of Bidder |
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An obligation under seal, a binding agreement.
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Bond
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Bond which accompanies a Stop Notice to a construction lender and must be in a sum equal to 1-1/4 times the amount of the claim. The bond, along with the stop notice, must be delivered by certified or registered mail or in person, to the persons responsible for administering or holding construction funds.
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Bond Stop Notice
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Bond which guarantees that contractor will agree to the contract if his proposal is accepted. 5-10% of bid amount.
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Bid
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Bond which guarantees that the work will be performed, 50-100% of the bid amount.
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Performance
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Bond which guarantees that the contractor will pay all of his bills for labour and materials, 50-100% of the bid amount.
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Labour and materials
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Example: inflating the cost estimate of bid documents when the firm's fee is based on a percentage of construction costs.
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Breach of Ethics
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Methods, materials, systems, strengths, minimum standards, and overall quality of development at a site.
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Building Codes
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Used to ensure that the record is complete.
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Certifying the Record
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Change to the original contract. Involves the discussion of the change, a cost of the charge, and a duration which may alter the completion date of the original contract.
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Change Order
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A person who is claiming or asserting the right or demand.
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Claimant
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A written statement signed and verified by the claimant or by the claimant's agent which must state the following 5 things:
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Claim of Lien (Mechanics' Lien):
1. amount of claimants demand (after deducting credits and offsets) 2. name of the owner, if known 3. the kind of labour, services, equipment, or materials furnished by the claimant 4. the name of the person by whom the claimant was employed or to whom the claimant furnished the labour, services, equipment, or materials. 5. a description of the site sufficient for identification. |
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Represents state licensing boards, as well as licensed LA's, nationally. Dispute resolution is not a service provided by them.
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CLARB
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CC+Rs
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Codes, Covenants, and Restrictions. Private regulations that provide a long-term regulation process for the preservation of site attributes such as offsite views, waterfront views, existing vegetation, and existing hydrology.
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Promises to do or not to do something, and the penalty for not following the set conditions is the taking back of the property by the grantor.
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Condition
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The contents of a contract document.
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Conditions and Terms
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Three reasonable and proven contract clauses are:
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1. claim mediation, which is less expensive than litigation
2. the client's agreement to waive claims up to a limit, such as the fee earned 3. indemnification, which limits third-party claims |
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Claims against LA's. Three objective factors: standards of practice, licences held, and promotional materials, are the most commonly used in court decisions.
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Construction Claims
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In this type of contract, building industry practices and government procurement regulations together influence terms and conditions of construction contracts. Most government entities have standardized contracts and contract conditions.
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Construction Contract
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When conveying these, all aspects of a design must be shown in a 2D plane, so multiple views, angles, and sections are used to convey the intent.
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Construction Details
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The most common types of construction litigation:
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1. Miscommunication b/w client and consultant (70%)
2. Actions by contractors or third parties and consultants (30%) |
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A cost itemization of the various construction phases of the project. Also referred to as a Schedule of Values.
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Bid Breakdown
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An estimate of the amount of work done between the start and end of a construction project.
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Percentage of Completion
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A nonprofit industry association that promulgates the most widely used specification referencing system.
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Construction Specifications Institute (CSI)
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Scope of optional services may or may not be covered. Performance time limits should always be in an agreement, to limit liability. Jurisdiction for dispute resolution should be included, to make clear where and how the process of dispute resolution can be performed. Basic services should always be maintained in an agreement, or in an attachment or exhibit made part of the agreement.
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Consultant Agreement
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A written document involving a promise to be fulfilled, for a specific payment at a specific time.
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Contract
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Includes supervision, observation, and inspection.
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Contract documents.
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Is licensed by the State in which work is being done. They obtain a performance bond for the cost of the project to protect the owner in case of their default on the project.
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Contractor
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A promise to do or not do a specific thing.
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Covenant
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Insurance coverage type typically issued to contractors.
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Commercial General Liability
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A system of laws originally developed in England that result in decisions based on customs and usage rather than codified written law.
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Common Law
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During this phase, any reference to supervision or inspection has been dropped from the job description of the landscape architect. Supervision or inspection implies control over the contractor and can imply that the landscape architect should be responsible for the contractor's means and methods. Directing the contractor's means and methods would place the burden of the contractor's success or failure upon the landscape architect, a contractual liability that the LA should avoid.
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Construction Phase
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Is the phase in which final pay applications are submitted, substantial completion documents are prepared, and final payments and retainage periods are begun.
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Contract Closeout
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Documents which include working drawings, specifications, general conditions, and form of agreement.
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Contract Documents
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Definitions in regards to CONTRACTS:
Party does not perform as spelled out in contract. |
Breach of Contract
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Definitions in regards to CONTRACTS:
3rd party is injured as a result of poor design |
Liability
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Definitions in regards to CONTRACTS:
The areas of responsibility of each party |
Responsiblity
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Definitions in regards to CONTRACTS:
Must delineate performance expectations |
Performance
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Organization governed by state law. Impersonal, exists without reference to individuals who share ownership and direct activities.
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Corporation
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Method of calculating consultant fee using consultant's actual costs, plus a negotiated lump-sum fee.
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Cost Plus Fixed Fee.
While this method does limit some expenses (the fixed fee portion) to a client, it does not limit the overall cost of services delivered to the client. |
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What should be included on a cover sheet?
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All pertinent info:
1. vicinity map 2. contacts 3. permits 4. project name and address 5. parcel numbers 6. items critical to identifying the project |
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CSI format is organized into what 3 parts?
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1. General
- Describes the main work, related work, applicable standard references, quality assurance measure, submittal handling process, and product/equipment care and protection 2. Products - describes the products, including ancillary materials 3. Installation - describes workmanship and installation procedures |
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Where a fee paid relationship exists is constrained by several interests, the LA's financial role as a consultant, constitutional rights, professional association policy. Disclosing personal paid interests is the best course of action.
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Ethical Public Participation
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Land use review processes that provide relief of numerical standards, similar to a variance.
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Exception and Exemption
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The process of surety bond release.
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Exoneration
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Which act implements the component program, the National Pollutant Discharge Elimination System (NPDES), through the work of civil engineers and LA's via temporary erosion and sediment control measures.
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Federal Water Pollution Act of 1972 (Clean Water Act)
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To request an end to a proceeding
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Filing a Depository Motion
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What is the first action to start a claim in court?
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Filing a petition with the clerk
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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 work will be met.
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Financial Guarantee
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What does Floor Area Ration measure?
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The ratio of a building's first-floor or ground-level area compared to the total site area
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Type of purchasing method for supplies or materials used that would apply contractors doing work, not necessarily for variable quantities.
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Force Account
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Allocate responsibility or place limits on responsibility if major factors are beyond the contractor's control.
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Force Majeure and acts of war (or terrorism) Clauses
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A general discussion of the item to be constructed, a discussion of the quality of the materials to be used, a discussion of the methods to be used to construct the desired item.
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Format
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A usual part of the contract docs and Section 1 of the CSI spec.
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General Conditions which the LA and the owner want to inform the contractor about.
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A state mandated program in several states, includes regulation of population, density, traffic, and housing, as well as additional topics that affect the environment.
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Growth Management
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Form of fee arrangement used to ensure a client that the scope of a project will be billed at the actual number of hours up to a max limit that the consultant will guarantee not to exceed.
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Guaranteed Maximum Upset
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Clauses which address contractor rewards for early completion and penalties for late completion, respectively, primarily for schedule control.
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Incentive Clauses and Liquidated Damages Clauses
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Insurance:
Involves tort law. Poor design leads to third party injury. |
Errors and Omissions Insurance
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Insurance:
Involves contract and commercial law. Adequacy and sufficiency of performance by business. |
General Business Liability
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Insurance:
Involves commercial law (design/build). Contract work not able to be completed. |
Performance Binds
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Typically not addressed within the specifications, yet it can be part of an agreement or a part of the general conditions.
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Indemnification
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Time duration an architect can be held responsible (legally) for project after construction and acceptance.
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Law of Statutes of limitation
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Evaluate adequacy of work performed as measured by reasonable performance by other architects
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Standards of Care
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A form of business that can protect a company's assets from creditors.
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Limited Liability Company (LLC)
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Specific costs the Contractor is required to pay if his work lasts longer than the specified project length.
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Liquidated Damages
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A notice that a lawsuit is pending and that the lawsuit affects the real property. It warns everyone who might acquire the property that he or she may be bound by an adverse jidgement.
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Lis Pendens
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Are used to control size of pavement or building coverage in relation to total site size. The extent of coverage (10% vs. 90%) is considered the land use intensity.
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Lot Coverage Limits
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A single price for all for the construction indicated in the plans and specs.
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Lump Sum
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Refers to an erroneous professional action taken by a public official.
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Malfeasance
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Refers to the specific type of finding made by a board or a court.
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Malpractice
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Addresses pollution clean up responsibilities of a land area for the site subsurface hydrology.
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Marine Protection, Research and Sanctuaries Act of 1972
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Allows contractors or designers to encumber real property, or funds if payment for work done is not made.
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Mechanics Lien
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Military unique specifications and standards
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Milspecs
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Transforming the way the DoD provides and requires specifications.
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Milspec Reform
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A term related to a contract or a private action. A legal term that means a wrongful act.
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Misfeasance
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Refers to repudiation, or cancelling a prior action.
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Negation
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An owner directs a contractor to intentionally not comply with applicable building code requirements, the landscape arch should report the action to the local building official, in writing, and then terminate the agreement with the owner.
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Non-compliance
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What 6 items are stated on a Notice of Cessation?
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1. The approximate date when labour on the job stopped.
2. That no further labour has been performed since the recording of this notice. 3. The name and address of the owner. 4. The nature of the interest or estate of the owner. 5. The street address of the site, if any, or a description of the site sufficient for identification. 6. The name of the original contractor, if any, for the work of the improvement. |
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What 5 items are stated on a Notice of Completion?
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1. The date that the job is finished.
2. The name and address of the owner. 3. The nature of the interest or estate of the owner. 4 The street address of the site, if any, or a description of the site sufficient for identification. 5. The name of the original contractor, if any, for the work of the improvement. |
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Is not a restriction on the use of private property. In most cases, an open space land owner may put the land to personal use. However, stipulations permitting or prohibiting public use may be in effect.
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Open Space Dedication
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A bond that is usually procured by the owner or contractor which is in an amount sufficient to pay all claims of claimants. The bond gives the claimant the right to recover in any suit brought on the bond. Usually the bond is used to protect against Mechanic's Liens and substitutes the bond as security instead of the real property.
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Payment Bond
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A type of surety bond that offers a financial guarantee, specifically to ensure performance of work.
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Performance Bond
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Refers to specifications for construction work performance or materials quality. Define the intended outcome yet do not specify the details or process needed to deliver the requirements.
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Performance Conditions
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Require that the contractor construct an item to a specified minimum standard (i.e. that concrete be a minimum of 2,000 psi at 28 days).
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Performance Specs
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Required reviews of the contract drawings that are done by public entities to insure compliance to specific laws and regulations. Most local agencies conform to the requirements set forth in the Uniform Building Code.
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Permits for construction
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May include cluster housing and other forms of housing and/or other forms of zoning.
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Planned Unit Development (PUD)
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The basic authority of a small city to enact land use plans and zoning. The courts have determined that the basic police power held by the states is the source of municipal zoning power.
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Police Power enabled by a state's constitution.
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Type of act which protects public health, safety, and welfare.
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Practice Acts
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Refers to the manner in which an action is performed and is a second type of specification for construction work.
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Prescriptive Conditions
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Indicate the required ingredients in order to construct the desired element. Planting amendments are quite often specified in this manner.
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Prescriptive Specs
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In the general conditions of a contract, is applicable to public projects with federal funding. Federal agency funding triggers the need for these in specs.
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Prevailing Wages
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Addresses an owner's need to know what a design will cost before bids are accepted.
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Probable Cost of Construction
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Withholding a stated percentage of all payments to cover any claims at the end of a project. If no claims are made within a specified time the retention is paid to the contractor.
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Retention
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Improves consultant, owner, and contractor relations on construction projects.
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Project Documentation Processes.
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A listing of specific tasks to complete a project displayed in chronological order and depicting the inter-relationships of tasks.
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PERT Chart
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A listing of all required tasks to complete a project which also delineates the essential sequential steps required to complete the projects in the most efficient manner.
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Critical Path Method
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Proper sequencing of a construction project is as follows (4 steps).
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1. Receiving bids and awarding the project
2. Performing mass earthwork 3. Installing minor site structures 4. Installing irrigation and plants |
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Specs written by a manufacturer to utilize a specific product.
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Proprietary Specs.
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In the general conditions and technical specs of a project, the need to purchase specialized items that cannot be specified in the bid phase can be addressed by including provisions for what 2 options?
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1. Force Account
2. Cash Allowance |
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Accomplished with on site construction observation.
The LA does not administrate or direct a contractor during this phase. |
Quality Control
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Can transfer real estate, more precisely, it is used to simply verify that any property ownership interest owed is relinquished by these docs.
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Quit Claim Deed
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Defined as standard care customarily found in the profession.
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Reasonable Skill and Care
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Requesting that another state recognize the license granted by another state.
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Reciprocity
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Standard specs. prepared by many governmental agencies and non-governmental organizations, nationally certified testing labs, and professional institutions.
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Reference Specs.
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Looks at how an area is being used and developed and how such use may project into future uses.
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Regional Land Use Plan
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Are solely responsible for ensuring compliance with all local codes, ordinances, and regulations to the construction phase of a landscaping project.
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Regulatory Agencies
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An action ordered to remake a decision that was already made.
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Remand
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An interragatory method that can be established by the project manager, client, or a consultant as a means of formally requesting information during a consultant selection process, during a project, or during construction.
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RFI
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A method of locating and evaluating one or more potential subconsultants, such as a soils engineer or irrigation designer, for a federal or private project.
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RFP
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Zoning:
Multi-fam district. Includes single family, grouped homes, and low density units. |
R1 and R2
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Zoning:
Multi-fam district. Includes all types of dwellings, foster homes, group homes, and apartments. |
R3, R3-A, R4, and R5
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Describes or refers to site features, but does not address ownership of a stormwater pipe.
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Restricted Covenant
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A request initiated by the contractor which requests clarification of the plans or specs of the LA
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RFI
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Applies to the form of ownership of a street or road. Method of controlling development at a site.
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Right of way
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In publicly accessible areas, 3' wide zone next to walks, nothing higher than 3' or tree canopy min height 8'
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Security Setback
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An overlay of particular wants/needs to preserve a neighbourhood. Used to maintain certain style/type in neighbourhoods.
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SPD - Special Planning District Zoning
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Refers to types of planning efforts or documents that might have a capital improvement program as a subset or component.
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Specific Area Plan
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Describe the set of laws used to define the max time period for filing claims against professionals.
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Statues of Repose
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Generally addresses the status of the work or schedule, not the contract docs.
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Stop Work Order
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Used to control the intensity of a proposed development by limiting the site's size, location, proximity to other uses, density and coverage.
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Subdivision Regulations
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The process when a landscape arch prepares to make a request for exoneration. For this to take place, a project must be substantially complete, usually excluding minor punch list items. A final inspection would normally be required before making a request to release the surety bond.
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Substantial Completion
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Found in Colorado, these laws refer to a mandated legislative review held to consider regulating a profession that is currently not regulated.
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Sunrise Law Reviews
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Found in Florida, these laws require public meetings to be open door sessions.
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Sunshine Acts or Laws
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State licensure laws regulating the practice of LA include both title and practice acts, yet some states with both types of regs are subject to periodic reviews.
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Sunset Laws
Are conducted when legislation require a periodic review |
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Special conditions, are the part of the project manual (aka contract docs) that modifies the general conditions.
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Supplementary Conditions
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A widely used form of financial guarantee made available by a financial firm.
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Surety Bond
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May accompany a deed of trust as an attachment, but will not yield a transfer of real estate when taken alone.
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Survey of Record
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Spell out in writing the nuts and bolts of the work to be performed by the contractor. These specs describe what is not easily shown in the drawings. Concerned with the WHAT and HOW
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Technical Specs.
1. Type and quality of workmanship 2. Methods of installation and construction 3. Testing and inspection requirements |
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A civil or private wrong or injury involving the violation of an individual's private personal rights, causing injury to a person or to a property.
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Tort
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Tort Law:
Careless performance decided by courts most times |
Negligence
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Tort Law:
3rd party injury due to poor design |
Liability
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Tort Law:
Building codes, admin policies, design guidelines, etc |
Public Safety + Welfare
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Carried out at the local, state, or federal level. Is a program or an agreement for relocation of residential density, possibly including the right to transfer development to another property.
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Transfer of Development Rights
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A financial arrangement organized to protect and transfer assets, usually for favourable taxation purposes.
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Trust
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Agency that tests and sets safety codes
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Underwriters Laboratory
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A breakdown of the work necessary for the construction by materials cost
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Unit Prices
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Allows a contractor to establish a price for an item that can be used for adjustments to the quantity specified in the bid plans.
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Unit Prices Clause
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