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29 Cards in this Set

  • Front
  • Back
  • 3rd side (hint)

Reasons a construction contract can be terminated

1) Breach of contract


2) Fraud


3) Non-payment of Professional fees


4) Hazardous site conditions


5) Failure to pay Sub-contractors


6) Contractor goes bankrupt


7) contractor Knowingly violates ordinances

There are 7

Writ of Execution

A court order intended to satisfy a judgement in a civil case

Standards of Practice

The common expectations for which professionals can reasonably be held accountable.

Reasons a landscape Architect can lose his liscense

1) Sealing drawings he/she had not directly supervised the creation of.


2) He/she has become mentally disabled


3) He/she accepts compensation from a specific supplier and/or receiving payments for making public statements without disclosing it to the public

There are 3

Liquidated Damages

Refers to a amount of money specified in the contract for any Breach of contract

Actual or Compensatory Damages

Payments made for actual losses that have occurred

Consequential Damages

Result in payment by contractor for losses caused by faulty work.

Restrictive Covenant

Prohibitions on dramatic changes to property. They are passed to subsequent buyers of the property through the deed. Often associated with Homeowners associations

Mechanic's Lien

A lien against an owner of a property for goods or services a tradesman has provided. Landscape Architects can file said lien.

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.

Addendum

Change made to scope of work prior to awarding the work

Change Order

A change made to the scope of work after contract has been awarded

Libel

Written or printed defamation of ones character

Slander

Verbal defamation of ones character

Technical Specifications

A written document providing performance capabilities of a product or material

For a contract to be valid there must be:

1) Voluntary agreement between two parties


2) An exchange of items of value


3) Activities of a legal nature


4) Parties which are legally competent


5) Written in an enforceable manner, which will hold up in a court of law

What should a LA do if He/She becomes aware that her client has Knowingly violated a law which adversely affects the public?

1) Report the decision to the local building inspector or official charged with enforcement of applicable code or law


2) Refuse to consent to the decision and...


3) ...In circumstances where the LA reasonably believes that other such decisions will be made, concerning illegal and harmful to public, terminate his/ her services with respect to the project.



In the case of a termination in accordance with clause 3 the LA shall have no liability to his client or employer on account of such termination

What are CLARBs roles

1) Keep record of professionals


2) Administer the LARE

Certificate of Occupancy

A certificate from city or municipality that says a building complies with all local codes and is in condition to be occupied.

Prevailing wage

defined as the hourly wage, usual benefits and overtime, paid in the largest city in each county, to the majority of workers, laborers, and mechanics. Prevailing wages are established, by the Department of Labor & Industries, for each trade and occupation employed in the performance of public work

Lien

A person's claim against to a property in lieu of absent payment or debt

Shop Drawings

Drawings provided by a contractor or manufacturer that provide details of an item to be installed.

Sole Proprietorship

A business or Enterprise that is owned and run by one person and in which there is no legal distinction between the owner and the business entity.

Partnership

A type of business organization in which two or more individuals pool money, and other resources and share profit in accordance with terms of the partnership

What are standard requirements for public construction bids

1) Complete and thorough bids from contractors


2) Specific types of advertising for the Request for proposal (RFP)


3) Bid due dates and times


4) Requirement to select the lowest bidder



Private bids do not have any of these requirements.

Misfeasance

The performance of a lawful action in an illegal or improper manner.

Malfeasance

The performance of an illegal and or criminal act.

Standard of Care

The degree of prudence and caution required of an individual who is under a duty of care.

Brokerage

When a general contractor subcontracts all the work on a project