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201 Cards in this Set
- Front
- Back
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A Bid |
An expression of plans and terms specific to the job at hand |
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What are the components to a bid? |
-the invitation to bid -the instructions to bid -a detailed bid form -assorted bonds |
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What is a graphical representation of the project at hand that details the proposed construction? |
the shop drawings |
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a Notice of Award |
A written communication from the owner to a contractor, signaling that they have achieved the winning bid |
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a Remand |
a legal term reflecting the redirection of a court case to a lower court for ruling. |
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What is included in the instructions to bidders? |
-the start date of the project -the time and place to submit bids and any product substitution information |
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What is CLARB's role? |
Assist state registration boards Compile Professional records Develop the L.A.R.E Provides services, which tests the examinees and provides the results to each individual state boards |
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What doesn't CLARB do? |
Set the minimum requirement that each state must require in order to become licensed |
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Does CLARB work with A.S.L.A. in developing the L.A.R.E? |
No |
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List the reasons a contract may be terminated |
Breach of contract. fraud. nonpayment of professional fees. hazardous site conditions. failure to pay subcontractors. a contractor goes bankrupt. the contractor violates ordinances intentionally. |
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A Joint Venture |
The partnership of two different firms for the length of a project or a set amount of time. |
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What are some of the benefits of a Joint Venture? |
It allows two companies to share resources, combine expertise and capital |
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What is needed in order to begin using a building after all the work has been completed? |
A Certificate of Occupancy |
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Who issues A Certificate of Occupancy? |
The local building department |
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What does the Certificate of Occupancy state? |
That the building complies with all local codes and is in condition to be occupied. |
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This type of specification is designed to instruct a contractor on what is required during the project including where to deliver and store materials |
The general specifications |
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This type of specification provides details on the different items that are going to be constructed and include Performance specifications |
The technical specifications |
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A court order intended to satisfy a judgement in a civil case |
A writ of execution |
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When is a writ of execution granted? |
When the defendant refuses to pay the judgement and may result in a levy against the defendant's property. |
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Which takes precedent, written contracts or verbal contracts? |
written contracts |
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The common expectations for professionals with which they can reasonably be held accountable |
Standards of Practice |
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The accepted period of time for a claimant to begin legal proceedings regarding a contractual issue. |
Statute of limitations |
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The terminology involved with the traditional negligence and malpractice cases that relates to standards of practice |
reasonable care and skill |
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Reasons a landscape architect can lose their license include: |
sealing drawings that he or she has not directly supervised the creation of. they've become mentally disabled. they've accepted compensation from a specific supplier. receiving payments from making public statements without disclosing it to the public. |
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As the construction administrator, what are the responsibilities of the Landscape Architect? |
-have the owners best interests in mind. -check the quality of work and make sure it meets code and the specifications of the contract. -resolving any problems that arise in as quickly a manner as possible |
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who is responsible for safety on the construction site? |
the contractor |
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An amount that is specified in the contract for any breach of contract including missing a deadline. |
Liquidated damages |
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Payments made for the actual losses that have occurred |
Actual damages and compensatory damages |
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the payment for losses caused by faulty work |
Consequential damages |
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The act of prohibiting dramatic changes to a piece of property. (often used by homeowners' associations) |
restrictive covenant |
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what is the minimum amount that contractors are required to pay their employees on a federally funded project? |
The prevailing wage, which includes salary and benefits in the price. |
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who is responsible for hiring subcontractors? |
The contractor |
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a confirmation that what is stated within an ownership article is actual fact, and serves to assure that nothing negative was incurred while the owner was in ownership of said property |
a general warranty |
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similar to a general warranty, but deals with a more detailed/limited time frame, precluding the owner from liability for anything incurred before their actual ownership |
a special warranty |
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a persons's claim to a property in lieu of absent payment or debt |
a claim of lien |
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A mechanic's lien |
Provides suppliers, laborers and landscape architects a method of forcing a an owner to pay up for goods that were provided but not paid for, even if the contractor has been paid. |
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transfers ownership of property from one owner to another |
A deed |
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A general warranty |
a guarantee from the prior owner that the title is clean and that he will be held liable in the future if anyone comes forward and stakes a claim to the title of the property |
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a special waranty |
indicates that the prior owner will accept responsibility from the point in which he or she obtained the property moving forward |
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a trust deed |
transfers the rights of a property to a trust |
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a quitclaim deed |
a deed in which the original owner will not contest the ownership of the property |
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who should be contacted first if working conditions are hazardous, and is responsible for providing a safe working environment? |
the employer |
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if contacting the employer about unsafe working conditions fails, who should be notified? |
O.S.H.A. who will then bring in an inspector to assess the situation |
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who provides shop drawings? |
the contractor or manufacturer that provided the details of an item to be installed |
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a change that is made prior to a bid package being sent out |
an addendum |
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a change to the specifications of the project after a contract has been signed |
a change order |
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include detailed working drawings and specifications |
construction drawings |
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libel |
a written or printed defamation of someone else's character |
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slander |
verbal defamation of someones character |
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negligence |
a breach of duty that will result in the injury to someone else |
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an alternate |
a request made in the bid package for pricing for a type of variance from the base bid |
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a substitution |
the use of materials that are not specified as long as they are approved |
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a change order |
a change to the specifications of the project after a contract has been signed |
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technical specifications |
intended to provide the quality and performance capabilities of a material and any tests or inspections of the material. |
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a surety bond |
a financial promise provided by a specialized outside party assuring completion of the bid should the bidder be selected |
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a bid bond |
this is included with an actual proposal and serves as a guarantee of contract should the proposal be accepted; it also results in a penalty should the bidder withdraw following acceptance |
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a performance bond |
an assurance of the contractor's intention to complete their work |
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a payment bond |
a guarantee that the contractor will pay all bills accrued within their work |
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what are the benefits of a corporation |
it provides security of one's personal assets in the event of a lawsuit against the firm and will still exist in the event of one of the partners leaving the company |
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mediation |
the act of settling a contract dispute or liability claim by hiring a third party mediator to get the parties to come to an agreement through negotiation |
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litigation |
the settling of a dispute in court |
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arbitration |
uses a third party to settle a dispute in which evidence is presented and the resolution is binding |
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tort law |
allows someone to receive damages for injuries suffered at the expense of the person deemed liable for those injuries |
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reasons for keeping a retainer |
-unsatisfactory work -failure of the contractor to do the work -damaged property -compliance with the mechanic's lien |
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if a contractor provides unsatisfactory work, how long may the owner withhold payments? |
until the situation is rectified |
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what are the responsibilities of the landscape architect operating in the capacity of a construction administrator? |
-observe work being completed on site -recommending whether to accept or reject the work being done. |
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who's responsibility is it to make the final decision on whether the work is acceptable or not, when the L.A. is construction administrator, L.A. or owner? |
the owner |
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public bids usually have what type of requirements? |
-complete and thorough bids -specific types of advertising -specific bid due dates -times and a requirement to select the lower bidder |
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when should Record Drawings be done? |
also called as-built drawings, should be recorded contemporaneously with the execution of work being done on a job site. |
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malpractice |
when providing a contractual service results in pain or suffering to an individual |
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reasonable care and skill or a general sense of responsibility |
considerations that the contractor should always have foremost in their mind when committing to work
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misfeasance |
when acceptable activities are undertaken in inappropriate or dangerous ways |
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when does a pre-construction meeting take place? |
after a bid package has been sent out and a contract has been signed |
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what is discussed at a pre-construction meeting? |
-permits -material testing -duties of those involved -due dates |
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Allows the design team to get paid for all labor costs and other costs to complete the work such as printing charges and postage. |
A time and materials payment agreement |
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There is a limit to the amount of time that can be spent on a project when the payment method is time and materials |
false |
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the pay rate for the labor is negotiated beforehand when the payment method is time and materials. |
true |
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same as time and materials agreement except that there is a maximum limit on the amount of money that the design firm can get paid for its services |
time and materials with a maximum not to exceed payment agreement. |
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time and materials with maximum not to exceed payment agreement encourages the design team to be efficient. |
true |
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time and materials with maximum not to exceed payment agreement helps keep the costs down for the client |
true |
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provides payment for all labor and materials costs and adds an amount on the contract to act as the profit for the design team |
a cost plus fixed fee agreement |
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A fixed dollar amount that is negotiated beforehand and is usually paid out at different stages of the contract such as a percentage complete. |
lump sum agreement |
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over the course of a project's design and installation, a landscape architect is responsible for: |
-keeping a record of the designs -analyze environmental conditions -plan the design -observe construction progress |
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over the course of a project's design and installation, the owner is responsible for: |
-setting the budget -providing goals and objectives |
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over the course of a project's design and installation, the contractor is responsible for: |
obtaining all permits and installing the desing |
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what is included in a closeout package? |
-guarantees -inspection certificates -as-built drawings -maintenance agreements |
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what is included in the base bid? |
-overhead
-labor -equipment -site preparation -materials |
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exoneration |
an official request to dismiss a surety bond |
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liquidated damages |
an amount of monetary compensation that the contractor pre-arranges to pay the owner for each day of completion delay |
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retainage |
a pre-arranged contractual item that deals with contingent milestones or specific dates of delivery. lump sum contract. amount withheld by the client to ensure project completion. usually a percentage such as 10%. |
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any testimony given outside of court |
deposition |
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depostion |
when the witness is sworn in under oath and the testimony is recorded to be used at a later date |
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a statement that the information to be provided is factual with god as a witness |
oath |
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same as an oath without the spiritual implications |
affirmation |
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a court order for a witness to appear before the court |
subpoena |
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a sworn statement of fact |
affidavit |
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components of design development include: |
schematic designs feasibility studies preliminary estimates |
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components of contract supervision include |
selection of contractors award of contract acceptance of work completed |
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components of programming and analysis include: |
site selection site inventory and analysis |
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components of design implementation include: |
the creation of working drawings final estimates contract specifications |
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List some expenses that would be considered “overhead” for a landscape architecture office. |
General office supplies, office space lease, in house printing, new office equipment. |
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what is overhead? |
the costs associated with operating and maintaining an office |
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what are the six general objectives of a project work plan? |
-definition of the project objectives -identification of the project team -breakdown of the project into tasks -development of the project schedule -establishment of the project quality control program -identification of other project specific procedures and standards |
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what is a sole proprietorship? |
a one person venture |
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what is a design studio? |
a small to medium size single discipline firm |
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what are the five phases of a project? |
-Start -planning -design -production -closeout |
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for a project to be considered successful, the six project management goals are to reach the end: |
- of the project - on budget - on time - safely - error free - meeting everyone's expectations |
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what are the six general objectives of a project work plan? |
- definition of the project objectives - identification of the project team - breakdown of the project into tasks - development of the project schedule - establishment of the project quality control program - identification of other project specific procedures and standards |
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what happens when a contractor chooses to withdraw from a project after being awarded a contract? |
typically they forfeit the amount of the difference b/w their bid and the next lowest bidder, up to the face value of the bid bond. they may also have to forfeit the face value of the bid bond. |
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what is a bar or gantt-type chart schedule? |
a chart or graph with the horizontal axis representing a timescale. the vertical axis lists the work tasks. bars are used to represent the duration of the tasks plotted on the timescale |
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what are some advantages of using a bar or gantt-type chart schedule? |
- simple and easy to understand - can be created with basic and easily available software - good for small to medium-size projects since they may not need to track a large number of deliverables, deadlines, etc. |
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what is value engineering? |
a practice used in the design and construction industry to reduce project cost while maintaining the quality and design intent of the project as originally designed. |
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at which stage of a project can value engineering occur? |
during the design and/or the construction phase of a project |
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why wouldn't introducing high end material finishes be considered value engineering? |
it has a better chance of increasing construction costs |
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what are some benefits of value engineering? |
- reduction in construction costs - reduced probability of litigation related to construction - reduced long-term maintenance costs - improve ease of construction |
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what does the phrase 'or equal' mean in a specification? |
a modification of a proprietary specification to allow a similar product that is the equivalent of the one specified |
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what does the phrase 'or approved equal' mean in a specification? |
the contractor is permitted to select a different make and model for the intended product as long as it is approved by the owner or architect. |
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if there is a discrepancy between the plans and the specifications and the contract does not state how conflicts are handled, which document should a contractor follow to complete construction of an item? |
the specifications |
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is the owner or the contractor responsible for obtaining builder's risk insurance? |
the contractor |
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what is active interference? |
an intentional action by the owner that disrupts the contractors work and as a result there are delays |
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who do subcontractors ultimately answer to; owner, GC, architect? |
general contractor |
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what is the critical path method? |
a network diagram that graphically shows a project, predicts the time needed to complete the project, and highlights those tasks that are critical to maintaining the project schedule |
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how can plant-related site maintenance costs be reduced? |
- amending site soils prior to planting - using drought tolerant plant material - developing a site maintenance plan |
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what are the benefits to amending site soils prior to planting? |
it allows any nutrient deficiencies or other problems in the soil to be addressed prior to the installation of plant material. |
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what are the benefits to using drought tolerant plant material? |
it can help lower site maintenance costs by reducing the need for watering and protect against plant loss during periods of dought |
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what are the benefits of developing a site maintenance plan? |
it can reduce maintenance costs by introducing grounds staff on the respective needs of each plant species, hardscape material, etc. and eliminate redundant or counterproductive maintenance activities |
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what is a punch list? |
a list of outstanding items needed to be corrected after substantial completion |
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when is a punch list completed? |
generally created after the notice of substantial completion has been issued |
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what is the notice of substantial completion? |
a statement issued to state that the project is ready for occupancy or use as its intended purpose |
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when is a notice of substantial completion issued? |
when the owner can occupy or utilize the project for its intended use but can be done before final completion |
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what is final completion? |
when all items on the punch list have been completed |
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when is a project deemed to be substantially complete? |
when it is ready for the intended use |
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what should be done before drafting a design contract to accurately establish the scope of work? |
- research the project site - determine client goals - identify relevant codes, laws and regulations |
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what is the order of project management activities? |
- defining - planning - directing - coordinating - monitoring - learning |
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what are some common tools utilized by a project manager? |
- project planning - scheduling - quality control - task management - budgeting - establishing project objectives and management goals |
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what does WBS stand for? |
work breakdown structure |
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what is WBS? |
a tree-like diagram that breaks down work into its related tasks and subtaks |
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what does PERT stand for? |
Program evaluation and review technique |
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what is a PERT used for? |
to manage immensely complex and/or large projects. this method of project management relies heavily on statistics and is not typically used by design professionals. (possible change in recent years) |
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what does CPM stand for? |
Critical Path Method |
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Acceleration cost |
cost incurred by a contractor when the project is interfered with by the owner in such a way, that the contractor must employ more manpower or work more hours in order to complete the project on time. if the contractor contributes to the cause of the delays, this may not be granted |
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what is a lump sum contract linked to? |
contract defined deliverables such as payment milestones being issued at specific completion milestones (50% package = 50% invoice) |
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acceptance |
act of a person to whom a thing is offered by another whereby he receives the thing with the intention of retaining it (yeah someone offered something, you said great, thanks, I'll keep it) |
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indemnify |
hold client harmless, transfer all responsibility to designer regardless of if caused by designers negligence |
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actual damages |
damages resulting from real & substantial loss as opposed to theoretical, estimated, or anticipated losses |
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liquidated damages |
estimated or anticipated loss at a future time |
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what is an addenda |
modification to the contract documents issued during the bidding period |
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what are the two most common clause issues |
guarantees for things and work that are beyond the designer's control and indemnification |
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adversary |
an arms length relationship between parties in a contract. a relationship of mistrust |
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allowance |
a sum of money set aside by the owner to remove a particular portion of work from competitive bidding. typical of government-subsidized institutions with work that must be competitively bid and with projects in which certain portions of the work are proprietary and therefore must be removed from competitive bidding |
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agent |
a person authorized by another to act for him or her one who is employed to represent another in business and legal dealings with third persons. |
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alternate |
a material or method used in place of another base material or method specified for the project |
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what is contingent liability? |
in a scenario where a third party is injured on a construction site due to the contractors actions, the owner could be liable even though they had nothing to do with the reason they were injured. |
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what would be the most useful tool for a client when identifying the scheduling needs in an RFP? |
a milestone list |
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are public projects generally subject to mechanic's liens? |
no |
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what type of business organization is considered a separate legal entity from the individual owner(s)? |
a corporation |
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are shop drawings created during the design phase, bidding phase, or after a contractual agreement has been made? |
after a contractual agreement has been made |
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what's included in the supplementary conditions of a contract? |
typically it offers language and guidance related to project specific information. |
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what is considered project specific information? |
information related to a condition or concern that is found in the particular project, but not relevant to some or all other projects of a similar scope. |
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what are a few examples of supplementary conditions? |
- construction start date - security requirements for construction - information related to phasing |
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what is included in the project manual? |
- bidding documents - general condition - supplementary provisions - technical specifications |
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if a question arises on a construction site, what action should the contractor take? |
they should issue an RFI and allow the landscape architect to respond via the procedures outlined during the construction kickoff meeting |
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what is the benefit of a back charge provision in a contract? |
it allows a party to recover expenses incurred when the other party fails to act according to the language outlined in the contract |
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within a design project, who are the three major parties? |
- owner - designer - contractor |
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what are the different sections of a specification? |
- general information - product information - excecution |
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what does the general information section of a specification cover? |
the basic scope of work |
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what does the product information section of a specification cover? |
it describes the specific materials to be used and any manufacturing or fabrication processes to be used in producing them |
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what does the execution section of a specification cover? |
it describes the actual means of preparing, installing or constructing the item in question, as well as any quality or performance requirements expected |
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what is builder's risk insurance |
insurance taken out by either the owner or contractor to ensure that the project is covered for any losses due to the construction |
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what is malfeasance? |
intentionally doing something illegal |
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what is the difference between malfeasance and misfeasance? |
one is straight out illegal the other is legal but inappropriate |
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when do you hold a construction kickoff meeting? |
after contracts have been signed and there is agreement on the statement of work, cost, and timeline. |
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what is covered in a construction kickoff meeting? |
- introduction of members of the design team - project background - what success of this project looks like - what needs to be done - devise how to work together effectively |
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what type of contract establishes pricing for a unit of work or material where fees are modified based on the number of units required in the project? |
Unit price contracts (concrete would be priced at $150/cubic yard and a total fee would be based on the number of units of concrete required) |
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what type of contract incorporates any and all anticipated costs associated with the installation of the unit, including labor, overhead, profit and materials? |
unit price contracts |
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what type of contract allows for reimbursement of construction expenses plus a predetermined fee for overhead and profit? |
cost-plus contracts |
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what type of contract requires the contractor to complete the scope of work for a mutually agreed upon and fixed sum of money? |
lump sum contracts |
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what is the purpose of a charrette? |
to allow multiple stakeholders to give feedback on a project. the process can be a single event or take place for several days to allow as many people to provide input |
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what is a field order |
formal notification form used in the field to provide notification, instructions, or answers to questions, concerns, etc. that develop in the field. can occur when a change does't affect the budget or timeline of a project |
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who can issue a field order? |
-designers -engineers -contractors |
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what is a change order? |
a formal notification of a change in the project agreement. the change can be to the scope of work, the cost, schedule, or any other entity that requires a formal change to the agreement upon legal terms of the contract |
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who can issue change orders? |
the landscape architect |
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what's the difference between a field order and a change order? |
one doesn't affect the budget or scope while the other does. |
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what is a schedule of values used for? |
a comprehensive list of activities that represents the project and is used to requisition the project, normally on a monthly basis. it may be used in the evaluation of percent complete on a project as well as a management tool for the billing process each month |
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what is the primary purpose of a project closeout? |
ensure the quality of the completed project |
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what is comprehensive general liability insurance? |
insurance that covers against third party lawsuits, including damage to property and bodily harm |
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what is the purpose of a client's administrative budget? |
provide funding for the client's internal costs related to managing the construction project |
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what tasks are a project manager generally responsible for? |
- project planning, - scheduling - quality control - task management - budgeting - establishing project objectives - establishing project management goals |
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what is a milestone list? |
a basic for of a schedule that lists relevant dates for a project |
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who drafts as-built plans? |
the contractor |
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what are as-built drawings? |
a way of documenting any changes to the design that occurred during the course of construction due to such factors as owner-authorized changes to the design and errors in accounting for existing site conditions |
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what are the three parts of a technical specification? |
- general - production - execution |
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what are tort damages? |
damage that occurs independent of a contract but not criminal in nature |
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what general conditions must there be for tort damages to occur? |
- one party must owe another party a duty - there must be a breach of performance of that duty - someone must be harmed by this breach of performance - there must be a clear relationship between the harm suffered and the breach of performance |
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is defamation of character through libel or slander considered tort damage? |
yes |
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what is the typical value of a bid bond? |
5% of the contract amount |
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what is considered an excusable delay? |
- acts of god - emergencies - labor strikes |
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what is covered under CSI Division 1? |
general requirements |
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what is covered under CSI Division 2? |
site work |
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what is covered under CSI Division 3 |
concrete |
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what is covered under CSI Division 9? |
finishes? |
