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89 Cards in this Set

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test- ignore me!
(5) ways contracts are formed
1.)Oral- verbal agreement, no written agreement
2.)By Conduct- actions of parties are such as to imply a contractual relationship between them
3.)In writing-some contracts have to be formed in writing if they are to be enforcable
4.)Under seal-???
5.) Evidenced in writing- Ex: contracts which, accoring to their terms, cannot be performed within 1 year
(7) Elements of a valid contract
Basic elements to make a legally binding and enforceable contract.
1.)Offer and acceptance-offer clearly made by one party and accepted unconditionally by other party
2.)Intention-must be shown by all parties to enter into a binding contract
3.)Capacity- All paries must be legally capable
4.)Consent- must be proper and not obtained by fraud or duress
5.) Legality- contract must be formed within the boundaries of the law.
6.)Possibility-contracts to take on impossible tasks are unenforceable
7.)Consideration- each party must contribute something in consideration of the other's promise. Consideration must be: realy, not in the past, legal, and possible
What are the advantages of arbitration? (6)
1.)Privacy-trade secrets and reputations may be shielded from the public
2.)Convenience-hearings can be held anywhere to suit the parties
3.)Speed-handled quickly, doesnt have to fit into the courts schedule
4.)Expense-potential lower cost of the hearing and speedy resolution of the dispute
5.)Informality- courtroom procedures may be dispensed of
6.)Expertise-the problem may be well understood by the arbitrator having experience in the construction field
What are the disadvantages of arbitration?
1.)Cost- arbitrator fees, cost of hearing location
2.)Lack of legal expertise- though knowledgeable of construction, may not know laws well
3.)No binding precedent-each case submitted decided upon its own merits, without necessarily any regard to previous cases.
Acceleration Cost
Cost incurred by a contractor when the project is interfered with by the owner in such a way that the contractor must imploy more manpower or work more hours in order to complete the project on time.
Act of a person to whom a thing is offered by another whereby he receives the thing with the intention of retaining it, such intention being evidenced by a sufficient act.
Active Interference
Action by a party to a contract which causes the other party of the contract to not complete the work of the project on time or in a manner established by the contract writing. Positive action must by performed on the part of the interfereing party as opposed to plassive megligience, which is inactive, permissive, or submissive.
Apparent Agency
An agency relationship cretaed by an act of the parties and deduced from proof of other facts.
Doubtfulness, doubtfulness of meaning duplcity indistinctfullness or uncertainity of meaning of an expression used in written instrument. The courts interpreting a writing will permit parol evidence to clarify the writing if the writing is in fact ambiguous. However the courts will not permit parol evidence if the writing is clear, even though it may be in error.
The submission of a dispute to a third party (individual or panel), Known as arbitrators, whose judgement is final and binding. Descions at arbitration hearings, unlike those in judcial cases, do not establish precedents.
The attibute of persons which enables them to perform civil or jurstist acts; neccessaryfor parties entering a contract.
A caution; Literally "Let him be aware"
An ommission of that ought to be done; a failure to perform a legal duty.
Damages - Punitive
Awarded by the courts in the amount of three times the actual damage. Treble damages usually apply to antitrust actions.
Damages - Delay
The economic loss suffered as a result of extended time from that of the original time stipulated in teh contract writing. This differs from property damage and personal damage.
Damages - Compensatory
Repair or replacement of the loss caused by the wrong or injured and nothing more.
Damages - Actual
Real, substantial and just damages or the amount awarded to a complaint in compensation for actual and real loss or injury, as opposed to nominal or punitive damages.
An allegation of a defendant which, admitting the matters of fact alleged by the bill to be true, shows that they are insuffcient for the plaintiff to proceed upon or to oblige the defendant to answer.
Damages - Consquential
Such damage or loss or injury which does not flow directly from the act of the party but only from some of the consequences or results of such an act.
Modifications to the contract documents issued during the bid perios. Addenda become official parts of the contract documents and are legally binding to the signatorees of teh contract.
Two parties to a contract are in an 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.
Antitrust Laws
Federal and state staututes to protect trade and commerce from unlawful restraints and monopolies. In the construction industry, bid rigging is considered a violation of antitrust laws. Those found guilty of bid rigging are assesed treble damages.
An offer to perform a contract for work and labor or for supplying materials at a specified price. In the construction industry, a bid is considered an offer by the contractor to the owner. A bid, as an offer, becomes a contract once the owner accepts the bidder's offer with all other contractual requirements in order.
Case Law
The aggregate of reported cases forming a body of jurisprudence or the law of a particular subject as evidenced or formed by the adjudged cases; distinct from states and sources of written law.
Certificate of occupancy
A document issued by the building inspector certifying that the structure conforms to all relevant code sections and is, therefore, safe for use. An owner must obtain a certificate of occupancy before he or she can use a building. A new building cannot be considered complete untila certificate of occupancy has been inssued.
Certificate of payment
A document issued by the architect in which the architect certfies that the contractor has adquatly performed. The certificate is then presented to the owner for payment to teh contractor.
Certificate of substantial completion
The document issued by the architect when the building, or a portion thereof, is complete to the degree that the owner can use the building, or a portion thereof, for its untended purpose.
The inducement to a contract; teh cause, motive, price, or impelling influences which induces a contracting party to enter into a contract; the reason or material cause of the contract.
A change made in the progress of a work from the original terms, design or method agreed upon.
To bring into view by uncovering, to lay bare, to reveal, to free secrecy or ignorance, or to make known; revelation the impartation of that which is secret that which is discolsed or revealed.
Actual Damage
Damages resulting from real and substantial loss, as opposed to those which are merely theoretical, estimated or anticipated. Actual damages represent the real and true value of the total value of the total loss at a future time.
An improvement brought upon an estate (land and or buildings) which enhances its value more that mere repairs. The improvement may either be temporary or permenant. This term also applies to denote the additional value which an estate aquires in consequences of some public improvement, such as the widening of a street.
A writless assurances, or official representation, that some act has not been done, that done that some event occured, or that some legal formality is being compilied with. A written and signed document establishing that a fact is true.
A revision to the original contract documents. A change differs from a modification is agreed to by both parties in that the modification is agreed to by both parties of the contract; however a change may be made unilateraly by the owner in spite of the contractors lack of agreement.
Competitve Bidding
A process whereby sealed proposals are submitted to the owner for consideration. Competive 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.
Change order
A document issued by the architect directing the contractor to erect some portion of the building in a manner different that described in the orignal plans and specifications. This change must have an effect on the price and / or time of the contract in order to constitute a change order. If the price and or time is not affected, then the change is a field order or minor change order and not a change order. The change may be requested by the architect, owner, or contractor.
A demand, an assertion, a pretense, a right or title to. An action initiated by one of teh parties of a contract against the other party. This action may be in the form of a written letter, a legal document, or some instrument establishing the difference between the two parties.
Cloak of Immunity
Legal status granted to an architect in the quasi-judcial role as arbitrator in settling a dispute between the owner and contractor. This cloak protects the architect from liability by either party.
An agreement between two or more persons to defraud a person of his or her right by the frms of law or to obtain an object forbidden by law; a secret combination, conspiracy, or concert of action between two or more persons for fraudulent or deceitful purposes.
Design Build
A method of organizing a building project in which a single entity undertakes the design and erection of the structure at a set fee negotiated in advanced. unlike the conventional construction contract whereby an owner hires both an architect and a contractor seperatley, in the design-build contract, the owner negotiates only one contract with one organization.
expert winess
may be a person of science one educated in the arts, or a person possesing special or peculiar knowledge aquired from practical experiences
expressed warranty
in contract and sales a promises created by the apt an explicit statements of the seller or person to be bound
Bidders Bond
Obtained by the contractor from a surety company in favor of the owner to guarantee that the contractor will execute the contract if it is offered him. Bidders bonds are usually written for 10% of teh bif figure.
An easement is a defined portion of a lot, tract, or parcel resereved for the use of someone other that the property owners. Uses can include access, utilities, or parking by another party who holds the easement interest or easement rights.
A deed of trust
a deed of trust is a legal document pertaiing to property ownership and is required for real estate rights to transfer from one owner to another.
Sunset Law
Sunset law reviews are conducted when legislative requires a periodic review to prevent automatic expiration.
A title act
a tilite act as differentiated from a practice act. A practice act protects the right yo use the title "landscape architect" yet does not protect the right of a person or firm to engage in practice acitivty.
The federal water pollution act of 1972
The Clean Water Act, 33 U.S.C. § 1251, et seq., is the primary federal law in the United States governing water pollution. Congress first passed the statute as the Federal Water Pollution Control Act Amendments of 1972 (as it was amending the Water Pollution Control Act). It became known as the Clean Water Act after Congress passed significant set of amendments to it in 1977. The law was further amended in 1987.

The Clean Water Act, commonly abbreviated as the CWA, established the symbolic goals of eliminating releases to water of toxic amounts of toxic substances, eliminating additional water pollution by 1985, and ensuring that surface waters would meet standards necessary for human sports and recreation by 1983.

To achieve this goal, the CWA requires individuals and corporations to obtain permits before releasing any pollutants into "navigable waters" (including, by a regulatory definition, wetlands), and required the EPA to create effluent discharge limits for point sources (releases of controllable streams of wastewater, such as from factory pipes), based on Best Available Technology standards or local water quality standards, whichever is more stringent. The technology-based standards, known as effluent guidelines, were set as an enforceable national minimum and preempted less stringent state legislation. In addition to these standards, the law also created a system to move towards achieving health and water quality-based standards that would create waters that would be safe enough for activities such as fishing and swimming. The Act also prohibits potentially harmful spills of oil and certain hazardous substances.

The system for granting and regulating discharge permits is called the National Pollutant Discharge Elimination System or, NPDES it regulates both point and non-point sources that discharge pollutants into waters of the United States.

After Congress passed the CWA, EPA promulgated effluent guidelines that regulate water pollution from 56 industry categories. These regulations apply to between 35,000 and 45,000 facilities that discharge directly to the nation's waters, as well as another 12,000 facilities that discharge into publicly owned treatment works. These regulations are responsible for preventing the discharge of almost 700 billion pounds of pollutants each year.

While the technology-based standards have been largely successful, because they apply to specific sources and are enforceable, the health and water quality-based standards have been much less so. In 2002 there were still tens of thousands of rivers, lakes, and bays that were not safe enough for fishing and swimming. The most important remaining cause of these problems (typically, diffuse runoff from farms, streets, and yards) is known as non-point source pollution, which was not addressed in the original Clean Water Act.

To assist municipalities in creating wastewater treatment plants that were capable of meeting these standards, the CWA established a system to provide federal financial assistance, first in the form of construction grants, which were modified several times and later replaced by the State Water Pollution Control Revolving Fund in 1987. The Clean Water Act and its regulations also establish pretreatment requirements for industrial users contributing wastes to Publicly Owned Treatment Works.

Other important aspects of the CWA include a variety of enforcement mechanisms, including administrative compliance and penalty orders, civil and criminal judicial remedies, contractor listing, and a citizen suit provision. EPA's enforcement settlement policies, which are relatively sophisticated within the federal government, have promoted environmental auditing and the use of Supplemental Environmental Projects.

Since the Clean Water Act was passed, water pollution has drastically decreased. By the beginning of the 21st Century, waterfront development was a major goal in localities throughout America. 90% of new development in New York State was waterfront development. A member of the North Delaware Riverfront Task Force, State Rep. Mark B. Cohen of Philadelphia, said that "The reduction of water pollution gave new life to many old urban and industrialized areas. Formerly useless land suddenly became highly desirable, and the vision of an East Coast Greenway, spanning from Maine to Florida, became a reasonable goal to work towards."

One very important program under the Clean Water Act is EPA's Total Maximum Daily Load Program. A Total Maximum Daily Load, or TMDL, is a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that amount to the pollutant's sources. Over 60,000 TMDLs are proposed to be developed for our nation's waters in the next decade and a half.
Floor area ratio (FAR)
In the field of zoning, floor area ratio refers to a limit on how much total space, expressed as a fraction of the total size of the parcel of land involved, may be consumed by the floor or floors of a building or buildings constructed on the parcel. For example, if the relevant zoning ordinance permits construction on a parcel, and construction must adhere to a .1 floor area ratio, then the total area of all floors in all buildings constructed on the parcel must be no more than one-tenth the area of the parcel itself.

Typically, the calculation of area consumed combines the total area of all floors, thus uniting horizontal dimensional limits with vertical dimensional limits into a single parameter. A builder can plan for either a single-story building consuming the entire allowable area in one floor, or a multi-story building that rises higher above the plane of the land, but which must consequently result in a smaller footprint than would a single-story building of the same total floor area. By combining the horizontal and vertical limits into a single figure, some flexibility is permitted in building design, while achieving a hard limit on at least one measure of overall size. One advantage to fixing this parameter, as opposed to others such as height, width, or length, is that floor area correlates well with other considerations relevant to zoning regulation, such as total parking that would be required for an office building, total number of units that might be available for residential use, total load on municipal services, etc. The amounts of these things tend to be constant for a given total floor area, regardess of how that area is distributed horizontally and vertically.
Codes, Covenants and restrictions
A restrictive covenant is a legal obligation imposed in a deed by the seller upon the buyer of real estate to do or not to do something. Such restrictions frequently "run with the land" and are enforceable on subsequent buyers of the property. Examples might be to maintain a property in a reasonable state of repair, to preserve a sight-line for a neighbouring property, not to run a business from a residence, or not to build on certain parts of the property.

Covenants were originally enforced in equity as servitudes for the benefit of the owners of land affected thereby. Previously the enforceability of covenants and servitudes depended upon compliance with strict requirements having to do with privity of estate between the owners of the affected parcels of land, but these requirements have diminished over time in favor of a general policy of enforcement of any covenants which are reasonable in terms and "touch or concern" the land affected.

Some are very simple and are meant only to protect a neighborhood from homeowners destroying trees or historic things or otherwise directly harming property values. Some go to an extreme and try to dictate absolutely everything a homeowner can do to the exterior, including the number of non-familial tenants one may have, or needing permission to re-paint the home unless it will be exactly the same color. Other extremes include dictating exactly when holiday decorations are allowed up, prohibiting the raising of a hood on any car (even to check it for safety), even prohibiting any car from being parked outside a garage at all. Many communities also forbid amateur radio or outdoor television antennas; however, see discussion below.

Some have accused homeowners associations of selective enforcement of these rules, making a case only when it is something (or someone) another person dislikes. Breaking a rule, even unintentionally, can bring fines or even a lien on the home.

A restrictive covenant differs from a zoning regulation in that its creation and enforcement is a matter of contract between the landowners whose properties are affected by it, rather than an exercise of the governmental police power.

Racism in the United States
In many cases these covenants were used for segregationist purposes. These are some samples of that were agreed by different neighborhoods in Seattle, Washington.
In land use, a setback is the distance which a building or other structure is set back from a street or road, a river or other stream, a shore or flood plain, or any other place which needs protection. Depending on the jurisdiction, other things like fences, landscaping, septic tanks, and various potential hazards or nuisances might be regulated. Setbacks are generally set in municipal ordinances or zoning. Setbacks along state, provincial, or federal highways may also be set in the laws of the state or province, or the federal government.

Homes usually have a setback from the property boundary, so that they cannot be placed too close together. This would not only be psychologically uncomfortable to residents staring though windows into each others' blank exterior walls (or even into windows, causing a privacy problem), but would present a fire hazard, particularly during windy conditions. Setbacks may also allow for public utilities to access the buildings, and for access to utility meters
Right of Way
An easement that permits one to travel across the real property of another, or the strip of land subject to such an easement. A right-of-way may confer rights to an individual (such as a neighbor), entity (such as a railroad) or the public as a whole.
Army corp of engineer
The United States Army Corps of Engineers, or USACE, is made up of some 34,600 civilian and 650 military men and women. The Corps' mission is to provide engineering services to the United States, including:

Planning, designing, building and operating dams and other civil engineering projects
Designing and managing the construction of military facilities for the Army and Air Force
Providing design and construction management support for other Defense and federal agencies
The primary colors are?
Red, Yellow, Blue
In describing color, the term value means the:
lightness or darkness of color
Which is the best tree form for maximizing ground-plane shade?
Horizontal oval
What is the advantage of using abstract diagrams during the design process?
Attention can be focused on general issues and relationships.
Countours on topographic surveys are considered accurate only to:
one half the countour interval
on a contour map, swales and valleys are indicated by countour lines which:
Point uphill
Which type of drawings shows all the elements of a design drawn freehand, to scale, and in a semi-realistic manner?
preliminary plan
a space is made understandable by its:
In circulation and sequence, people tend to move towards points of:
high contrast
The general accepted guideline for the design of comfrotable landscape steps is for two risers plus one treas to equal how man inches?
The recomended minimum pavement width for a one-lane bike path is:
5 feet
The gradient on a landscape ramp should not exceed a distance to height ratio of greater than:
One contorted tree with bright color placed besides a doorway might lend which effect to a composition?
The major attribute of a project which offers aesthetic satisfaction would be:
A natural looking design created as a sequence of views and experiences where
a japanese stroll garden
Naturally occuring grasslands are a typical indication that, in that locale which of the following is not sufficient to produce trees?
because of teh effect it will have on determinimg localized temperatures, and thus on plant survival and human comfort, which of the following is most influential
elevation above sea level
vegetation can affect the perceprion of air temperatures by which of the following
influencing air movement
the most important single factor governing the hardiness of a plant specific area is
minimum temperature
ericaceous plants prefer which condition
acidic soil
trees and shrubs that flower early in the spring should be pruned
immediately after flowering
which enviorment is teh most complex, most productive and most valuable for teh world's food supply
tidal estuaries
natural water treatment at no cost to man is handeled best by which natural system
wetlands and marshes
anaeriobic conditions in a pond or lake are most often the result of
excessive nutrient accumulation
plants that differ sufficiently in appearance whithin a species and that are similar in most other ways are classified as
a horticulture variety of a plant type is a :
one good means of reducing the probability of major forest fires is
prescribed burning
a fertilizer with an analysis of 6-12-4 contains which percentages
6 nitrogen 12 phosporus 4 potassium
a flood plain that is too hazardous for housing may be excellent for:
climatic moderation is most affected by which of the natural systems
the maximum level of shear stress associated with a specific slope inclination before the slope fails is the
angle of repose
one major factor in maintaining local microclimate is
plant cover
which is igneous rock
which condition best represents mass wasting
what are layers in a soil profile called