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294 Cards in this Set
- Front
- Back
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drawings, diagrams, schedules + other data, specifically prepared for work by the contractor or subcontractor, etc. |
SHOP DRAWINGS |
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prevents contractor from sueing architect or owner in event of poor performance of work - bodily, injury, sickness, disease, death, or other personal property (not the work itself) |
INDEMNIFICATION |
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shop drawings, product data, and samples from the contractor to review for expressed design concept |
SUBMITTALS |
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part of the architects' services - to alter the work - may alter contract sum + time |
CHANGE ORDER |
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requires additional fees from the architect to prepare additional drawings |
CHANGE IN SERVICES |
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multi-party litigation - must be agreed upon in writing by all parties involved - usually better for arbitration to be held separately to avoid unnecessary complexity + complications |
JOINDER |
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w/out invalidating the contract, the owner may order changes consisting of additions, deletions or other revisions - contract sum + time adjusted - used when change order cannot be obtained due to limited time or disagreement |
CONSTRUCTION CHANGE DIRECTIVE |
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time, including authorized adjustments, allotted for substantial completion of work |
CONTRACT TIME |
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point at which the work or designated portion can be occupied or used as intended - usually the contractor makes this call, but must be agreed upon inspection by architect |
DATE OF SUBSTANTIAL COMPLETION |
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establishes date which work can be occupied - owner makes payment of any retainage |
CERTIFICATE OF SUBSTANTIAL COMPLETION |
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max $ figure that the insurance company will pay - covered in the Contract Documents or by by law, whichever is greater |
LIMITS OF LIABILITY |
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includes everything but specifically excluded risks |
ALL RISK |
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names specific risks and excludes all others |
NAMED PERIL |
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right to "stand in the shoes" of another and to claim whatever rights the original person had |
SUBROGATION |
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the execution of agreement to cancel or legal obligation in return for something less than or different from the legal duty owed |
ACCORD + SATISFACTION |
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an accident or event that is the result of natural causes without human intervention, that could not have been prevented by reasonable foresight |
ACT OF GOD |
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a law suit brought in court for enforcement of a legal right |
ACTION |
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one who is trained in the mathematics and statistics of insurance and calculates premiums, reserves, and other values |
ACTUARY |
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a party added to the coverage of an insurance policy with the right of recovery but without the obligation to pay the premium or meet the terms of the policy |
ADDITIONAL NAMED INSURED |
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one who settles insurance claims |
ADJUSTER |
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an insurance company licensed and authorized to do business in a specific state and subject to regulation by the state insurance commission |
ADMITTED CARRIER |
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submitted by contractor to the architect - payrolls, bills for materials, and equipment - voluntary written statement of facts, confirmed by oath of the maker and before an authorized officer |
AFFIDAVIT |
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relationship where agent has authority to represent or act for another person, called a principal |
AGENCY |
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the total amount payable under a policy regardless of the number of claims - usually annual |
AGGREGATE LIMIT |
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a statement in a claim or pleading asserting something expected to be substantiated or to be proven in court |
ALLEGATION |
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settling dispute without resorting to litigation (arbitration, mediation, out-of-court, etc) |
ALTERNATIVE DISPUTE RESOLUTION (ADR) |
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state laws that invalidate contract clauses related to a party being indemnified or held harmless for damages |
ANTI-INDEMNIFICATION STATUTES |
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consultation, investigation, research general development of site plans studies and specifications supervision of development of landscape plan, preserve, enhance, + arrange land forms project manager coordinates time, $, people etc review work |
GENERAL DUTIES OF LANDSCAPE ARCHITECT |
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plan + design of vegetation, circulation, + other features to fulfill aesthetic and functional reqs formulate graphic + written criteria to govern construction process prepare, review, + analyze masterplan + site plan prepare feasibility studies, probable construction costs, public hearing schedules, etc |
LANDSCAPE ARCHITECT SPECIFIC DUTIES |
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method of alternative dispute resolution where parties contractually agree to have an arbiter rule on the merits of their claims |
ARBITRATION (Binding & Non-Binding) |
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an impartial person chosen by the parties to solve a dispute who is normally vested with the authority to make a binding decision |
ARBITRATOR |
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an agreement where a party becomes responsible for the risk involved |
ASSUMPTION OF RISK |
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one who has been insured by an insurance company |
ASSURED |
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an arbitrator's decision, as distinguished from a decision, order or verdict in a court action |
AWARD |
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a temporary insurance agreement that obligates the several parties of the contract if the loss insured against occurs before the policy is written |
BINDER |
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failure to comply with the terms or conditions incorporated in an insurance policy, frequently resulting in a restriction of coverage or voiding the policy all together |
BREACH OF INSURANCE CONTRACT |
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failure to perform an obligation created by law or by contract |
BREACH OF DUTY or NEGLIGENCE |
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written argument, prepared by a lawyer, setting forth the facts, legal points, + authorities to persuade a court about the merits or defenses to a claim |
BRIEF |
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representative of the buyer of liability + other insurance who deals with agents in arranging coverage required by the customer |
BROKER |
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form of property insurance that covers damage to property under construction |
BUILDERS' RISK INSURANCE |
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dut of a party to substantiate an allegation or issue in order to convince a "trier of fact" of the merits of the party's claim |
BURDEN OF PROOF |
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max amt. of insurance that a company can write or max net premiums a company can book |
CAPACITY |
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an insurance company formed by one or more entities to insure specific risks |
CAPTIVE |
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company claims adjustor's estimate of the potential liability of a claim subject to coverage by the policy |
CASE RESERVES |
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facts sufficient to justify a court in rendering a judgement |
CASE OF ACTION |
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a demand for money, services or property based upon a right usually found in contract or by operation of law |
CLAIM |
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a policy that covers only those claims that are made against the insured during the policy period |
CLAIMS-MADE POLICY |
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rule that prevents a defendant from introducing into evidence the fact that a plaintiff has received benefits from their injury or from other sources |
COLLATERAL SOURCE RULE |
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a legal doctrine that bars further litigation of issues in a case previously decided by other courts |
COLLATERAL ESTOPPEL |
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the sum of the incurred loss and company expense divided by the earned premium |
COMBINED RATIO |
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a broad form of liability insurance usually covering business organizations to protect them from liabilitiy claims for injury arising out of their operations |
COMMERCIAL GENERAL LIABILITY INSURANCE (CGLI) |
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the body of principles and rules of action that derive their authority solely from usages and customs or from the judgements of the courts |
COMMON LAW |
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the proportional sharing of liability between a plaintiff and defendant for damages based upon the percentage of negligence of each |
COMPARATIVE NEGLIGENCE |
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an agreement, written or oral, between two or more parites creating legal rights and duties that something shall, or shall not, be done requires "consideration" to be legally binding |
CONTRACT |
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the failure of the plaintiff to exercise ordinary care, thereby contributing to his or her own injury |
CONTRIBUTORY NEGLIGENCE |
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pre-trial testimony in the form of oral questions and answers, by a party or witness, that is taken under oath and may be used during a trial or arbitration proceeding |
DEPOSITION |
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period of time allowed an insured to identify and report to the carrier losses or claims
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DISCOVERY PERIOD |
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degree of care that a person of ordinary prudence and diligence would exercise under the same or similar circumstances negligence is the failure of using this |
DUE CARE |
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the right of one or more parties to make lawful and beneficial use of the land of another, created by an expressed or implied agreement |
EASEMENT |
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a legal bar preventing a person from asserting a legal position b/c of their conduct or other reason created by operation of law |
ESTOPPEL |
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a contract provision where one party assumes certain legal liabilities on behalf of the other party synonymous with "indemnification" |
HOLD HARMLESS AGREEMENT |
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negligence not directly attributable to one person but that is of a second person who is in privity with the first
vicarious liability |
IMPUTED NEGLIGENCE |
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an agreement by one party to pay certain specified losses or damages incurred by another party
synonymous with 'hold harmless' |
INDEMNIFICATION |
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uniting two or more elements into one
two parties in an indemnification |
JOINDER |
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defect not discoverable by the exercise of ordinary skill and care |
LATENT DEFECT |
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legal mechanism that allows a person or party to attach the property of another as security for payment of labor, materials or goods + services to enhance the value of the property |
LIEN |
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amounts stipulated in advance for damages to be recovered for breach of contract |
LIQUIDATED DAMAGES |
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relationship between net earned premiums + net losses incurred |
LOSS RATIO |
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effort by an independent party to assist others in reaching the settlement of a controversy or claim
the mediator advises + consults, cannot impose a settlement only guide the parties to achieve their own |
MEDIATION |
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the doing of an act that is contrary to law or contractual obligation
any failure in professional duty resulting in injury |
MALFEASANCE
MALPRACTICE |
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failure to exercise that degree of care that an ordinary careful + prudent person would exercise under the same or similar circumstances |
NEGLIGENCE |
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an insurance contract where coverage is provided for losses stemming from an event when the insurance policy was in force even if the claim is not made for several years |
OCCURANCE INSURANCE |
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max % of premium income that can be expended by an insurance company to pay claims without the loss of profit |
PERMISSIBLE LOSS RATIO |
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the amounts that an insurance company allocates for the fullfillment of its policy obligations - includes all future losses |
POLICY RESERVE |
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retroactive coverage for negligent acts occurring prior to a claims made policy period as long as the claim was made during the policy period |
PRIOR ACTS COVERAGE |
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damages separately awarded in addition to compensatory - b/c of finding of malicious or wonton misconduct on the part of the defendant, serving as deterant to others |
PUNITIVE DAMAGES |
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frequency x severity
claims per unit exposure |
PURE PREMIUM |
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transferring insurance from one to another
- each transaction treated separately, both insurer + reinsurer can accept or reject
- reinsurer accepts specific types of risk |
REINSURANCE AGREEMENTS |
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additional premium collected to offset unexpected claims - is returnable to policy holder along with interest at a specified rate |
RESERVE PREMIUM |
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enables groups to purchase or provide liability insurance for individuals or groups with similar liability exposures |
RISK RETENTION ACT |
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government entities cannot be sued without their consent |
SOVERIEGN IMMUNITY |
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legal time limitation of the right to bring an action on a specified cause of action after which no suit can be maintained
suit must be brought in period starting from event in statute (date of substantial completion) |
STATUTE OF REPOSE |
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legal time limitation of right to bring an action on a specific cause
normally starts from date of injury |
STATUTE OF LIMITATIONS |
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decision of a court w/out hearing evidence usually b/c the pleadings show no issue of fact |
SUMMARY JUDGEMENT |
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obligation by the (surety) to guarantee performance by another (principal) of a specified obligation for the benefit of a third party (obligee) |
SURETY BOND |
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process by which an insurance company determines whether or not and on what basis it will accept an application for insurance |
UNDERWRITING |
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model statute dealing with commercial transactions that does not normally apply to professional services |
UNIFORM COMMERCIAL CODE (UCC) |
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reliquishment by an insured of the right of its insurance carrier to collect damages paid on behalf of the policy holder |
WAIVER OF SUBROGATION |
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insurance system where liability is imposed by statute on an employer who must provide benefits to employees or their dependents as a result of job-related injuries or death |
WORKERS' COMPENSATION |
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each item includes cost of materials + labor plus profit |
BALANCED BID |
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changes occurring after construction contract has been signed |
CHANGE ORDER |
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tries cases in mortgages, fraud, etc. |
COURT OF EQUITY |
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right of the state to take property for public use |
EMINENT DOMAIN |
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contract termination
new principals = same obligation same principals = new obligation |
NOVATION |
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not in gov't projects
awards contractor for early completion + penalizes for delayed completion |
PENALTY BONUS CLAUSE |
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calls for an item by brand name and adds the words 'or equal' or 'approved equal' |
PROPRIETARY SPECIFICATION |
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a person who has a legal title or ownership |
PROPRIETORSHIP |
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equalizes the legal responsibilities of labor organizations and employers |
TAFT-HARTLEY ACT
LABOR-MANAGEMENT RELATIONS ACT |
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requires mechanics + laborers to recieve the prevailing wage as determined by the secretary of labor |
DAVIS-BACON ACT |
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illustrations, standard schedules, performance charts, brochures, diagrams + other info furnished by the contractor
usually from catalogs to highlight materials to be used |
PRODUCT DATA |
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contractor + designer agree to provide a finished building at a given time
all the owner has to do is _______________
many HUD projects are this |
TURNKEY CONTRACT |
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in multiple prime construction contracts, solicitation for bids permits bidders to bid on either one or as many of the bids as presented |
UNIFIED BID |
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must appear that the contract was made and intended for a third party's benefit |
THIRD PARTY BENEFICIARY
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a private or civil wrong or injury, independent of contract and committed against an individual, which gives the rise to legal liability and is adjudicated in a civil court.
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TORT |
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a party held liable to a third party by its negligent activities. the third party may recover damages where the circumstances reveal the injurty was foreseeable |
THIRD PARTY LIABILITY |
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one who commits or is guilty of a tort |
FEASOR |
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clause in construction contracts which allows owner to suspend work
an adjustment is necessary for the increased costs associated |
"SUSPENSION OF WORK" CLAUSE |
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manual labor that federal (HUD) agencies require when constructing their houses
"mutual help" |
SWEAT EQUITY |
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liability without fault
neither negligence nor care
knowledge nor ignorance will save the defendant |
STRICT LIABILITY |
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when a party has complied w/ the requirements of a writing to the degree that it is essentially the same as what was required
the opposite of material variance |
SUBSTANTIAL CONFORMITY |
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where a contract has been honestly performed in its material and substantial particulars |
SUBSTANTIAL PERFORMANCE |
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an amount of $ estimated by a fixed % agreed to in the contract withheld by the owner to assure performance of the prime contractor
usually 10%
the prime then withholds from the subs etc |
RETAINAGE |
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that standard which a professional must exercise to the degree of care expected from a reasonably competent professional of the same discipline |
STANDARD OF CARE |
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relationship between two parties
in the 1800s it was used to settle cases when no privity (no contract) existed
has been replaced by third-party liability |
PRIVITY (NO PRIVITY RULE) |
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receiving satisfaction for any injury sustained |
REDRESS |
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determines whether the damage was:
hidden beyond control of the observer - contractor is liable
visible within control of the observer - owner is liable |
PATENT/LATENT TEST |
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party which complains or sues in a personal action suit |
PLAINTIFF |
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federal act for responsibility in the work place |
occupational safety and health act (OSHA) |
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evidence taken from outside the contract writing
usually oral or verbal
contract cannot be modified or changed by this |
PAROL EVIDENCE RULE |
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certifies that a portion of the total amount has been paid and so that money cannot be used as a lien against the property |
PARTIAL LIEN WAIVER |
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order or commend from a higher court to a lower court to act |
MANDATE OR MANDAMUS |
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a charge, security or encumbrance
a claim or charge on property for payment of some debt, obligation or duty |
LIEN |
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claim for securing the priority of payment of the price or value of the work performed and materials furnished in erecting a building or making improvements to the land |
MECHANIC'S LIEN |
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contractural obligation by which one person agrees to secure another against loss or damage from specified liability
bringing in someone to protect your ass |
INDEMNIFICATION |
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writ from court of equity forbidding a defendant to do some act which is unjust or injurius to the plaintiff
estoppels are these types of procedures |
INJUNCTION |
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doctrine recognizes in some instances, contract performance may become so costly that its impracticability makes it an impossibility |
COMMERCIAL IMPRACTICABILITY |
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a contract referring to another instrument that the two parties intend to make part of their understanding |
INCORPORATED PAPERS |
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not the prime contractor
the builder of the portion of the building which is considered the general portion or landscape architectural portion |
GENERAL CONTRACTOR |
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must be inherent in the nature of the act to be performed rather than personal to the contract
the facts that make it impossible must not have been foreseeable
the person being excused must have been in no way responsible for the impossibility |
IMPOSSIBILITY OF PERFORMANCE |
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same performance standards are required from owner to prime as are prime to subcontractors |
FLOW DOWN CLAUSE |
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the face value of a contract |
FOUR CORNER RULE |
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when patient enters hospital and 'signs their life away'
indemnification clauses + disclaimer clauses are considered this |
EXCULPATORY LANGUAGE |
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person holding the position of a trustee or character analagous to that in respect to the trust and confidence involved
LA + Owner are in this type of relationship with the contractor |
FIDUCIARY |
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equitable doctrine holding the promisor bound to a promise if injustice can be avoided only by enforcement of the promise
holding a subcontractor to its bid
also called an estoppel |
PROMISSORY |
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whena remedy for a breach is included as a part of the contract, that remedy is considered exclusive of other remedies provided by law |
EXCLUSIVITY OF CONTRACT PROVISIONS |
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an allegation that shows the defendant's facts are insufficient for the plaintiff to proceed |
DEMURRER |
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administers justice granted in the precepts of the conscience, not in any sanction of positive law |
COURT OF EQUITY |
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sharing of a loss among several debtors |
CONTRIBUTION |
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failure to perform a legal duty |
DEFAULT |
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the cause, motive, price, or impelling influence which induces a contracting party to enter into a contract |
CONSIDERATION |
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includes an offer, acceptance, and consideration on the part of both parites, the capacity of both parties to contract, a state of mind (mutually of assent), and a "meeting of the minds"
both are in harmony with each others intentions |
CONTRACT |
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legal status granted to a LA in the quasi-judicial role as arbitrator in settling disputes between the owner and the contractor |
IMMUNITY |
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conspiracy or concert of action between 2 or more persons for fradulent or deceitful purposes |
COLLUSION |
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representative for business deals
LA's are representatives to owner |
AGENT |
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sum of money set aside by owner to remove a particular portion of work from competitive bidding |
ALLOWANCE |
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modifications to the contract issued during the bid period
eventually become official parts of the contract and are legally binding |
ADDENDA |
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arms length buddy
binding agreement in contract
relationship of mistrust |
ADVERSARY |
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a private reprimand issued by a jursidictional registration board for violation of professsional conduct rules
same as 'censure' |
ADMONITION |
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method of identifying and verifying the firm's statement of assets, liabilities, and capital, and the firm's financial transactions during a fiscal period |
AUDIT |
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accounts receivable divided by an average day's billings |
AVERAGE COLLECTION PERIOD |
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$ value of anticipated revenues from projects contracted but as yet unearned |
BACK LOG |
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a form of bid security executed by the bidder as principal to guarantee the bidder will enter into a contract w/in a specified time |
BID BOND
Typically 5-10% |
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form prescribed by the bidding requirements to be completed, signed and submitted as the bidder's bid |
BID FORM |
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the duty of a party to substantiate an allegation or issue in order to convince a trier of fact of the merits of the party's claim
necessary in order to prevail in a claim |
BURDEN OF PROOF |
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expenditure made for fixed (long term) assets such as land, buildings, furnishings, and equipment |
CAPITAL EXPENDITURE |
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the proportional sharing of liability between a plaintiff and defendant for damages based on the percentage of negligence of each |
COMPARATIVE NEGLIGENCE |
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agreement under which the contractor is reimbursed for stipulated direct + indirect costs of performance of the agreement + in addition is paid a fee for services |
COST PLUS FEE AGREEMENT |
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schedule or diagram of events expected to occur and operations to be performed in completing a given process |
CRITICAL PATH METHOD (CPM) |
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current assets divided by current liabilities |
CURRENT RATIO |
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value of the firm's assets in excess of its liabilties |
EQUITY |
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correction of a printing typographical or editorial error |
ERRATUM |
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estimate of the probability of loss from some hazard, contingency, or circumstance
to signify the estimate of an insurer's liability under a policy from any one loss or accident |
EXPOSURE |
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an affirmation of fact or promise expressly made by the warrantor
any description of materials or equipment
a sample or model can create this |
EXPRESS WARRANTY |
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surety bond that reimburses an obligee named in the bond for loss sustained by reason of dishonest acts of an individual or entity covered by the conditions of the bond |
FIDELITY BOND |
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compensations for professional services or construction services on a lump-sum basis
not effected by project scope or other variables except as designated |
FIXED FEE |
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one cannot pratice what is defined as the body of knowledge of landscape architecture without a valid license |
PRACTICE ACT |
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one may not use the title 'landscape architect' without a valid license |
TITLE ACT |
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periodic reviews to justify and validate licensure status
that it is necessary to protect the public health, safety and well fare |
SUNSET LAW |
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licensure board can be controlled by solely landscape architects
vs
other licensed professionals (arch, engineer, etc) |
INDEPENDENT BOARD
VS
JOINT BOARD |
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state's recognition of the validity of one's license in another state |
RECIPROCITY |
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a written agreement of the seller not to contest ownership of a piece of real property |
QUIT CLAIM |
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method to designate certain rights of other parties to use a portion of the project property for access
utility construction + maintenance, or temporary construction |
EASEMENT OR COVENANT |
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a means to protect the owner against incompetent, irresponsible, and financially troubled contractors
assures owner that the surety company will guarantee the faithful performance of the contractor |
SURETY BONDS |
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a guarantee that the contractor will perform all required work per the bid documents if the bid proposal is accepted |
BID BOND |
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dumping soil on wetlands w/out a gov't permit
destroying private property such as a fence, structure or trees on an adjacent property |
REASONS FOR A THIRD PARTY CLAIM |
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provides the owner with a guarantee that the contractor will execute the work
protects the owner from defective work by the contractor
if work is defective, surety company will find another contractor or pay owner 100% of the contract bid |
PERFORMANCE BOND |
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protects workers, subcontractors and material suppliers
assures they will get paid for work performed or materials supplied
w/out this bond, owner must pay liens |
LABOR + MATERIALS PAYMENT BOND |
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used for consulting services between a landscape architect and a client or between the LA and other consultants
subconsultant contracts should always reference the prime contract |
DESIGN SERVICES CONTRACT |
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gov't agencies + construction institutions:
AGC - associated general contractors AIA - american institute of architects ASCE - american society of civil engineers
all have these type of standard docs |
CONSTRUCTION CONTRACTS |
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outlines services provided by LA:
BASIC: project programming, SD-CD documentation, CA, includes deliverables of each phase
ADDITIONAL: post construction evaluation, display model marketing, market brochure, maintenance programming
includes milestone dates for each phase |
SCOPE OF WORK |
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locates elements, shape, form + size, dimensioning + layout, details |
DRAWING |
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type/quality of materials, methods of installation, testing and inspection |
SPECIFICATION |
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describes in a logical manner the materials needed and the methods of their installation
greatest degree of control |
DESCRIPTIVE SPECS |
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used when intent is to replicate existing conditions
remodeling, restoration, phased construction
contractor selects materials + installation methods |
PERFORMANCE SPECS |
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prepared by the manufacturer of the materials, supplies, + equipment to be used on a project
can be incorporated in total or adapted + rewritten |
PROPRIETARY SPECS |
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standardized specs by national testing laboritories:
UBC - uniform building code ASTM - american society for testing materials ANSI - american national standards institute CSI - construction specification institute AIA, AGS, etc |
REFERENCE SPECS |
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items to be reviewed during CA:
bonds, subcontractors materials + equipment product data + samples, shop dwgs, material test results, warranties + equipment manuals, field measurement data, maintenance manuals |
SUBMITTALS |
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verifying limits of work, staking existing trees + other features, verifying location of proposed elements critical to intent of design |
FIELD OBSERVATION |
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issued when changes to elements of the project design affect the contract sum or imply an extension of the contract |
CHANGE ORDER |
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5-10% of the payments to the contractor held to ensure owner that contractor work is completed satisfactorily |
RETAINAGES
Released at final acceptance |
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federal + state statutes to protect trade and commerce from unlawful restraints and monopolies
prevents bid rigging |
ANTI-TRUST LAWS |
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document issued by the LA directing the contractor to erect some portion of the building in a manner different than described in the original plans + specs
--- if it does not have an effect on price and/or time, it is a _________ |
CHANGE ORDER
FIELD ORDER |
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when all construction is complete + ready for inspection
work may be occupied as intended |
SUBSTANTIAL COMPLETION |
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items found not to be in conformance to the drawings + specifications |
PUNCH LIST |
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contractor required (in most construction contracts) to submit a revised set of drawings noting any changes |
AS-BUILT DRAWINGS |
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the act or process of taking, apprehending, or seizing person or property by virtue of a writ, summons, or other judicial order + and bringing the same into the custody of the law
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ATTACHMENT |
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improvement to an estate or site that adds an additional value |
BETTERMENT |
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an offer to perform a contract for work labor or for supplying materials at a specified price |
BID |
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clearinghouse for bidders (subcontractors) to submit their bids for a particular project and for prime contractors to receive them |
BID DEPOSITORY |
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owner + landscape architect reserve the right to reject, but rejection can risk of interfering with the bidder's right to do work or defamation of the character of the bidder |
BID REJECTION |
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quasi-judicial board to decide all public contract disputes (only public) |
BOARD OF CONTRACT APPEALS |
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standard legal conditions inserted at 'the front end' of a construction contract
'general conditions' |
BOILER PLATE |
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document issued by the building inspector certifying that the structure conforms to all relevant code sections and is safe to use
same as certificate of substantial completion |
CERTIFICATE OF OCCUPANCY |
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document issued by LA that the contractor has adequately performed
presented to the owner for payment |
CERTIFICATE OF PAYMENT |
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cost incurred by contractor when project is interfered with by owner so that the contractor must employ more man power or work for more hours in order to complete on time |
ACCELERATION COST |
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an estimated amount calculated as anticipated loss at a future time
as opposed to actual damages |
LIQUIDATED DAMAGES |
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written for 10% of the bid figure
guarantees the contractor will execute the contract if it is offered to him or her |
BIDDER'S BOND |
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written for 50% of the bid
guarantees the contractor will perform according to the plans and specifications |
PERFORMANCE BOND |
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written for 50% of the bid
guarantees the contractor will pay for the labor, materials and equipment costs involved in the construction |
PAYMENT BOND |
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guarantees the plant maintenance will be conducted according to the contract
only used when the maintenance period is to be lengthy |
MAINTENANCE BOND |
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guarantees recovery of loss suffered by the owner through theft on the part of the contractor's employees |
FIDELITY BOND |
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identifies parties, statement of work to be performed, statement of the contract sum, time of performance, signatures
including: 1. construction dwgs 2. specifications 3. conditions 4. forms 5. addenda 6. modifications 7. bidding requirements |
THE AGREEMENT |
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date which work is evaluated by the contractor for payment
should normally be not less than ten days prior to the payment date |
CUT-OFF DATE |
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30 days after substantial completion |
DUE DATE FOR FINAL PAYMENT |
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owners retain 5-10% of the earned sums to ensure performance of the contract |
RETAINAGE |
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the party who has the primary obligation to perform uner the bond
contractor |
BONDING PRINCIPAL |
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principal (contractor) guarantees the surety that the surety will incur no loss by reason of its providing the bond
provides 'leverage' over the principal |
INDEMNITY AGREEMENT |
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limits amount of the guarantee
100% of the contract sum |
PENAL AMOUNT |
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the bonding company
party that guarantees the performance of the principal
bound to the principal's obligations if they fail to perform
recommended to use corporate rather than individual, and in the state of the project |
SURETY |
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person for whose benefit the bond is written
the owner
a dual may include the general contractor |
OBLIGEE |
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legal right of a party to control the property of another, or have it sold for payment of a claim (take your possesions) |
LIEN |
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Action by a party to a contract that causes the other party of the contract to not complete the work of the project on time or in the manner established by the contract writing. Positive action must be per-formed on the part of the interfering party as opposed to passive negligence, which is inactive, permissive or sub-missive. |
ACTIVE INTERFERENCE |
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Damages resulting form real and substantial loss, as opposed to those which are merely theoretical, estimated or anticipated. Actual damages represent the real true value of the total loss suffered, as opposed to liquidated damages, which represent an estimated amount calculated as anticipated loss at a future time |
ACTUAL DAMAGES (ACTUAL LOSS) |
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Parties to a contract are in adversary or arms-length relationship to one another as a result of the commitment they have made to each other in the contract terms and conditions. This relationship is recognized by the courts and binds the two parties together in that relationship. In layman's language it can be considered a relationship of mistrust. |
ADVERSARY |
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A person authorized by another to act for him or her; one who is employed to represent another in buisness and legal dealings with third persons. The agent represents the principal in dealing with the third parties. In the construction industry, a typical misunderstanding is that the Landscape Architect is the agent to the owner in dealing with the third-party contractor. The Landscape Architect, in a typical contract, is the representative of the owner and not of the agent. |
AGENT |
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An agency relationship created by an act of the parties and deduced from proof of other facts (See AGENCY) |
APPARENT AGENCY |
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A legal action which allows a person who is not party to a contract to obtain the contract rights of a party who is. A contractor, for example may assign the rights contained in its contract with the owner to a subcontractor. In a similar manner, the Landscape Architect can assign portions of the design of the project to its consulting engineers, primarily in the areas of structural, mechanical and electrical design. |
ASSIGNMENT |
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The aggregate of reported cases forming a body of jurisprudence or the law of a particualr subject as evidenced or formed by the adjudged cases; distinct from statutes and other sources of written law. |
CASE LAW |
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Legal status granted to a Landscape Architect in the quasi-judicial role as arbitrator in settling a dispute between the owner and the contractor. This cloak protects the Landscape Architect from liability by either party (owner or con-tractor) as a result of the decision rendered in resolving the dispute |
IMMUNITY |
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An agreement between two or more persons to defraud a person of his or her right by the forms of law or to obtain an object forbidden by law; a secret combination, conspiracy, or concert of action between two or more per-sons for fraudulent or deceitful purposes. |
COLLUSION |
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a process whereby sealed proposals are submitted to the owner for consideration. Competitive bidding is mandatory on public works projects. A private owner may choose to use competitive bidding in securing the most economical contractor for the construction of the project. However, a private owner is not legally bound to the competitive bidding process. |
COMPETITIVE BIDDING |
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That which has the character assigned to it in its own essential nature but acquires such character as a consequence of the way in which it is regarded by a rule or policy
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CONSTRUCTIVE |
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The obligation which arises from a contract or agreement. In a typical contract agreement, the parties are required to fulfill the duties enumerated in the contract writing between the two parties, but also from the contract agreed to by other parties. An example of this is the duty owed by the Landscape Architect to the contractor as a result of the requirements called out in the contract between the owner and the contractor. |
CONTRACT DUALITY |
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Notice to a property owner by subcontractor that states if bills are not paid that legal action will be taken
Must be filled within 90 days of labor ending |
Preliminary Lien Notice
Claim of Lien |
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Written document from a contractor to owner releasing said legal state |
Lien Waiver (Release) |
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What are the six requirements for a contract to be valid? |
An offer and acceptance of that offer
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The first actual construction on a site OR first delivery of substantial materials |
Commencement of Improvements |
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Request to release surety bond |
Exoneration |
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A recorded legal document giving constructive notice that action affecting a particular party has been filed in court |
Lis Pendens |
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Performing a legal action in an improper way
Amount of care expected from a reasonable person |
Misfeasance
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The decision of an appellate court to send a case back to a trial court with instructions on how to correctly solve the case - often used with the term "reversed" |
Remand |
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A set of sets that defines the maximum time for filing claims against professionals |
Statue of Repose |
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Set of CIVIL laws that serves to protect a person's interest in his or her bodily security, tangible property, financial resources, or reputation. Interference with any one of these interests is redressable by an action for compensation, usually in the form of unliquidated damages. |
Tort Law |
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Type of bid based on predetermined major items of work, the items quantities, and the contractor's price per unit |
Unit Price Bid |
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Type of bid contract where, once agreed to, is not subject to adjustment of price |
Fixed Price Bid |
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Replacement item offered as an alternative to, and represented as being equivalent to, an originally specified item. |
Substitution |
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Request included in the bidding documents that asks the contractor to provide an additional cost to add or deducts components |
Add-Alternate or Deduct-Alternate |
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Written notice by the owner to the apparent successful bidder which states the award date and when the contract will be signed |
Notice/Letter of Award |
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Written notice by the owner telling the contractor when work may begin per the contract |
Notice to Proceed
Date of Commencement of Work? |
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What are the three main components of a bid document? |
Contract Form, Contract Conditions, Technical Specifications (CSI Format) |
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Universally accepted document in the contraction industry that outlines the legal definitions of the elements in the construction process and the items that will be provided by the contractor |
AIA Document A201 - General Conditions of the Contract for Construction |
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Document that provides the first basis for the construction cost control on a project |
G702 |
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Refers to the canceling of a prior action |
Negation |
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A provision in a contract the requires a certain act to be done or a certain event to occur before the contract become binding |
Contingency |
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What are the two types of general written warranties? |
Material Warranty and Labor Warranty |
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Modification to a construction design or contract which provides for a change of contract provisions including additional work outside the scope of an original contract |
Contract Amendment |
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What are the four main areas of field administration that are required of most landscape architects? |
Inspection disputes delays stop work orders |
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What are four main means of monitoring the completion progress of a project? |
Units of work completed, incremental milestones, opinion, and cost ratio |
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An administrative level person who supervises the work of the on-site contractors |
Superintendent |
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Person who is tasked with witnessing the on-site construction at all times |
On-Site Inspector |
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Composed of project principles who meet of a frequent basis to identify, discuss and solve productivity and quality problems |
Quality Circle |
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A stage of construction where the work is fully completed per the contract documents |
Final Completion |
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The date that a contract was actually awarded to a contractor |
Date of Agreement |
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A provision in a construction contract by the owner that expresses that punctual completion is a vital part of the contract performance and delays are subject to damages to the injured party. Most public projects employ this provision. |
Time is of the Essence |
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Types of clauses included in contracts that encourage the contractor to complete the project in a timely manner and according to plans |
Schedule Controls |
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Issued by a local building official when a portion of the project meets all the building codes and is ready to be occupied |
Notice of Partial Completion |
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Type of relationship where someone must act in good faith and be obedient to another person. Personal interests are secondary. |
Master-Servant Relationship |
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Type of relationship where someone has limited control of the overall conduct and performance of the people. Usually involves people with special skills. |
Employer - Independent Contractor Relationship |
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Employee benefits are what kind of cost?
This type of cost represents the single largest cost to any billing |
Payroll Cost (DPE) |
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Sub-consulting fees and travel costs are what kinds of costs? |
Direct Project Expenses |
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This type of cost includes rent, promotion, and office costs |
General Overhead (GOA) |
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This type of cost is typically the second largest cost item and does not add to the cost of running a business |
Billables |
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What each contractor bid for each item and overall cost |
Cost Estimates and Bid Tabulations |
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If a landscape architect approves a request for payment that includes services that have not been performed yet... |
they are covered by errors and omissions insurance and therefore is held responsible |
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Who is responsible for the accreditation of landscape architecture programs? |
ASLA |
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Programming and market studies are usually performed in what phase of the project? |
Pre-Design Services |
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What are the 12 main components of a contract? |
Project Description |
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What are the basic servies of a scope of work? |
Project programming, schematic through final design, construction documents, and construction administration |
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What are some additional services in a scope fo work? |
post-construction evaluation, display model building, marketing material design, landscape maintenance programming |
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What are the 3 standard basises for establishing fees in a contract? |
Percentage basis, fixed fee basis, multiplier basis |
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What is a multiplier fee basis usually based on? |
direct salary and labor costs |
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Who writes a "letter agreement contract?" |
The consultant |
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What is another name for a Mechanics Lien? |
Labor and Materials Lien |
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When a prime or main contractor starts the construction work BEFORE the plans and specifications are complete. |
Fast Track Construction |
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The action of the owner accepting the work from the contractor when the owner deems the work completed in accordance with the contract requirements. Final acceptance is confirmed by the owner when making the final payment to the contractor. |
Final Acceptance |
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A final site review of the project by the contractor, owner or owner's authorized representative prior to issuing the final certificate for payment. |
Final Inspection |
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The last payment from the owner to the contractor of the entire unpaid balance of the contract sum as adjusted by any approved change orders. |
Final Payment |
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An independent vehicle for the disbursement and accounting of construction funds allowing construction obligations to be paid (progress payments) when work is completed, inspected and approved. |
Inspection for Disbursement of Funds |
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The official notice of a search for qualified bidders on a government or public-sector construction project. The notice usually includes information about the project and provides the public with a contact name for details about solicitation, rules for submission of bids, and awarding of the contract. |
Advertisement For Bid |
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Deposit or guaranty (usually 20 percent of the bid amount) submitted by a successful bidder as a surety that (upon contract completion) all sums owed by it to its employees, suppliers, subcontractors, and others creditors, will be paid on time and in full. |
Payment Bond |
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defamatory, untrue words said aloud, and tending to prejudice another person in business, means of livelihood, or reputation. |
Slander |
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intentional publication or broadcast of a defamatory statement that exposes a person to contempt, disrespect, hatred, or ridicule. The defamation, whether expressed in print, writing, pictures, gestures, or signs via newspapers, radio, television, movies, or plays, is either a civil wrong or a criminal wrong |
Libel |
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A workplace strategy aimed at helping to solve problems and boost employee drive and focus |
Work Plan |
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Measures the efficiency of an employee |
Utilization Rate |
