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75 Cards in this Set
- Front
- Back
Tort, such as tort of negligence |
A civil wrong for which the court will grant remedy. |
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Libel |
written |
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Slander |
Verbal |
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Tresspass |
Physical Entry |
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Nuisance |
Disruption that causes physical discomfort |
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Arbitration |
3rd part decides, both parties must accept. Is legally binding - except non-binding |
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Mediation |
3rd party facilitates. Parties not bound to accept, parties must come to an agreement |
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Common law |
Based on precedent |
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Sole-proprietership |
1 person owns entire business |
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C Corp. |
1. Considered a separate legal entity=limited liability for stockholders 2. Not-flow-through entities= corporationpays taxes and stockholders pay taxes on dividends (double taxation) 3. Must have a board, shareholdermeetings 4. Perpetual existence |
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S Corp. |
1. Flow-through entity- shareholderstaxed on their share of the corporation, regardless of dividend distributions 2. Max. of 75 shareholders S corporation is not a type of business entity. The S corp. designation refers to the way a business has chosen to be taxed under the Internal Revenue Code. |
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Partnership |
1. Each partner personally liable fordebts of partnership/ partners 2. Personal assets could be garnishedto pay debts of partnership 3. Taxed on profits as personal income 4. Terminates upon death of a partner |
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LLC/LLP |
1. Tax advantages of partnership and liabilityprotection of corporation 2. Can be registered as an “S”corporation= income/ losses flow through LLC to individual members and reportedas personal income3. No need for shareholder meetings |
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Joint Venture |
Temp partnership for specific project. Dissolves when project is done |
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Professional duties andresponsibilities |
i. Health ii. Welfare iii. Safety |
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Laws and regulations |
Federal 1. NEPA (National Environmental Policy Agency) 2. Air qual act 3. Water qual act 4. ADA State 1. Land Use Regulations 2. Participation/Plan Review Statutes Local 1. Building Codes 2. Zoning Oridnances 3. Local Specs and Details 4. Site control and Site Safety |
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Professional Laws |
1. Title Law 2. Practice Law 3. Title and Practice Law |
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Title Acts |
Protect only the title of Landscape Architect. Anyone can practice, but not use the title |
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Practice Law |
Protects the practice of LA work. Cannot practice without proper license. |
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Steps to Licensure |
1. Education 2. Experience 3. Exams |
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LA Design Services |
1. Program 2. Site Selection (LA is least likely to be involved) 3. Schematic Design 4. DD 5. Permits 6. CDs 7. Bidding 8. Construction 9. Construction Evaluation |
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Pre-design services include |
- Programming - Econ Survey - Budgeting |
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CDs phase produces |
1. Bidding Documents 2. Project Manual 3. Contract Documents ...Continues on card 46... |
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Tort of Negligence |
A breach of duty or a failure of one party to exercise the standard of care required by law, resulting in damage to the party to whom the duty was owed. |
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Negligence is what type of Tort |
Unintentional |
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Negligence requires... |
That a causal connection be proved between breach of duty and damage |
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Two kind of Negligence/breach of duty |
1. Affirmative Act: Giving bad direction 2. Failure to Act (errors and Omissions): Failing to provide necessary direction |
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Types of damage which constitute a tort |
Compensatory Damages: Compensates both parties as if the contract hadn't happened Consequential damages: Damages from circumstances known by one party at the time of signing the contract Liquidated Damages: Clause in contract for compensation if contractor doesn't finish on time |
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Caveat Emptor |
Buyer beware |
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Comparative Negligence |
Legal principle that wongdoer should pay damages proportional to their fault |
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Exculpatory Clause/Indemnity Clause |
Agreement that one party will not be held responsible for certain things |
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Latent Defect |
Construction defect to visible to normal people |
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Lis Pedens |
Latin: Suit pending. In this case involving real estate |
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PROFESSIONAL LIABILITY |
Blank intentionally |
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Litigation |
Settling dispute in court |
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Arbitration |
Settling outside of court, but is legally binding |
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Mediation |
3rd party helps come to agreement. Non-legal |
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Liability Insurance |
Protects from negligence penalty in large money situations. |
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General Liability Insurance |
for architects, engineers, and design professionals protects against two types of claims: those alleging property damage and those alleging bodily harm to third parties. |
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Professional Liability Insurance (errors and omissions) |
Protects against a |
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Errors and Omissions are what type of Breach of Duty |
Failure to Act - Unintentionally not giving necessary information (as opposed to an Affirmative Act such as actively, but unintentionally, giving wrong information) |
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Workers Comp. Insurance is required when? |
When business has employees with W2s |
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Fidelity of Commercial Dishonesty Bond |
Covers theft by an employee |
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Employment Practices Liability Insurance |
Covers allegations of discrimination, wrongful termination and sexual harassment |
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Force Majeure or Act of God |
Relieve party of liability in case of natural disaster or other unforeseeable circumstance |
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Construction Documents Include |
1. Bidding Documents 2. Project Manual 3. Contract Documents |
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Lien |
Claim by one party on the property of another |
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Mechanics Lien |
Claim by suppliers, subs, or laborers against the land owner if they are unpaid by the primary contractor |
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Contract must |
- Have offer and acceptance - Consideration of the items exchanged - Parties must have capacity or legal ability to contract |
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Affidavit |
Written statement of facts sworn to be true |
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Deposition |
Giving sworn out-of-court testimony |
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Exoneration |
A request to release surety bond |
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Limit of Liability |
Set forth in the contract - the max amount for which the insurer is liable. |
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Malfeasance |
Doing an illegal act |
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Misfeasance |
Doing a legal act in an illegal manner |
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Construction Documents (7) |
1. Bidding Reqs (not part of contract dox) 2. Contract Forms 3. Conditions of the Contract 4. Specs 5. Drawings 6. Addenda 7. Contract Modifications (not part of bidding dox) Also produced is the Project Manual: A bound book containing all contract and non-contract documents for construction project, except drawings. Contains the technical specs and more. |
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Sequence of Project Manual |
1) Instructions to Bidders/Bidding Reqs+ Supplements to Bid Forms 2) Contract Forms 3) General & Supplementary conditions 4) Technical Specifications *NOT DRAWINGS* Sometimes a list of drawings |
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Bidding Requirement forms |
• Invitation to Bid, • Prequalification Forms, • Instructions to Bidders (A701), • information available to bidders, bid forms **NOT PART OF CONTRACT DOCS |
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Bid Form Supplements |
• Bid Security Form • Subcontractor list • Substitution list |
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Contract Forms (section 2 of manual) |
1) Signed A101 2) Performance Bond (A312) 3) Labor and Materials Payment Bond4) Certificates of insurance |
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Contract Documents |
Sections 2-4 of project manual + Working Drawings, Addenda, Change Orders |
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Contract Forms |
Contains Agreement (between owner and contractor), performance bond, labor and materials payment bod, certificates of insurance |
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General and Supplementary Conditions (Part 3) |
A201, supplementary conditions |
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Div 00 - Bidding and Contracting Requirements |
• Invitation to Bid • Instructions for bidders • Procurement Forms and Supplements • Contracting Forms and Supplements • Project Forms • Conditions of the Contract • Revisions • Addenda |
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Div 01 - General Requirements |
• Price and Payment Procedures • Administrative Requirements • Quality Requirements • Temporary Facilities and Controls • Product Requirements • Execution and Closeout Requirements • Performance Specs for elements that overlap several specific work sections • Life Cycle Activities |
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1st section of project manual |
Bid requirement forms + Bid form supplements |
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2nd section of project manual |
Contract Forms |
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3rd section of project manual |
General (A201) and Supplementary Conditions |
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4th section of project manual |
Specs in MasterFormat |
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Coordinating Dwgs & Specs (4) |
1) Specs should contain reqs for all materials and construction indicated on dwgs. Spec writer and Project Manager/Job captain can use a checklist 2) Uniform terminology (ie. gypsum board vs drywall) 3) Dimensions and thicknesses only indicated in one document 4) Dwg notes should not describe methods of installation or material qualities |
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Document Families |
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Construction Documents Refers to (7 items) |
All documents pertinent to construction including: 1. Bidding Reqs (Invite to bid, instructions, etc.) 2. Contract Forms 3. Conditions of the Contract (Standard General (A201 and Supplementary) 4. Specs (MasterSpec format) 5. Drawings 6. Addenda 7. Contract Modifications (Change Orders) |
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Bidding Requirements |
1. Invitation to bid 2. prequalification forms, 3. instructions to bidders, 4. information available to bidders, 5. bid forms (contractor lists Base Price, any alternates, provision for any additional work) |
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Supplements to Bid Forms |
Contains Bid security form, subcontractor list, substitution list |
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Contract Forms |
Contains Agreement (between owner and contractor), performance bond, labor and materials payment bod, certificates of insurance This is simple and general. The owner is simply agreeing to pay the contractor for services rendered. Does not give details about what the services will be exactly, that part of the conditions. |