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1-Project And Construction Management > Admin Aspects Of Practice > Flashcards

Admin Aspects Of Practice Flashcards

1
Q

Duty - obligation that la is bound to perform in relation to skills protected in licensing statues. Statues state that applying those abilities la has to protect health safety and welfare. And perform with at least minimal competency

A

Protect public health- public being client and any user of design. Public safety- any construction element must be sufficiently sound and not endanger users safety. Public welfare- environment is altered positively. Cannot destroy economic value of land or natural resources.

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2
Q

Responsibilities

A

Obligations assumed in relation to client. Arise out of a contractual relationship agreed upon by the client.

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3
Q

Tort

A

Wrong committed by one individual to property or other person. Satisfied by payment.

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4
Q

Tort- libel or slander.

A

Intentional injury to good name or reputation via written communication (libel) via oral (slander). Must have: intent, words must be untrue, communicated by another, injury, grounds for lawsuit.

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5
Q

Tort- trespass, nuisance.

A

Trespass- wrong committed against property. Entry and damage. I.e. People, water, objects. Nuisance- actions disrupt owners use of land.

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6
Q

Tort- Negligence

A

Failure to exercise Care and precaution and protect health and safety of another. Required: injury of another by failure of care

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7
Q

Tort -Violate riparian rights

A

Non navigable water. Navigable streams and rivers are regulated by state and federal law. Right to use

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8
Q

Tort- right lateral and sub adjacent support

A

Excavation Which removes lateral support of adjoining land.

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9
Q

Consultancy

A

Individual groups may advise design professionals. More specialized. Consultancies are organized as partnerships, professional corporations or joint ventures.

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10
Q

Partnership

A

Relationship with two or more agree to provide landscape architectural services for profit. Terms and conditions are governed by laws of partnerships. Common business purpose Share in profits and losses, legal liability for all, own of property in the name of partnership.

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11
Q

Professional corporation

A

Legal entity which is formed by individuals for the purpose of conducting business. Exists independently of individuals who formed it unlike partnership. Continues beyond people die so more stable. Limited liability protection. Each state has its own laws so professionals protection varies. Characteristics: continuity of existence, ownership of the property, limited liability

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12
Q

Joint venture

A

Individuals act InConcert to provide a specific result for a profit. Partnerships of limited duration. Professionals act normally independently but agreed to work together to execute the project. Characteristics: limited duration. Specific goal

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13
Q

Staff

A

An employee within a partnership? Corporation or joint venture.

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14
Q

Services- project design

A

Selection analysis and manipulation of the site for the purpose of adapting to private clients needs

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15
Q

Service- urban planning and design

A

Specialized product design policy analysis of environmental conditions and factors and development of design solutions for urban environment. Municipal depart.

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16
Q

Service- Regional planning and design

A

Emphasizes plan and policy development for large land areas extending beyond state boundaries. Govt depart

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17
Q

Service- research

A

Conducted by request of government or private research funding agencies. Service may be performed within public practice. clients served is public and the profession

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18
Q

Service- education

A

Instruction in theories or applied knowledge

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19
Q

Clients- private

A

Self interest, economic or regulatory requirements. Purchaser and beneficiary. Can be individuals or corporation.

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20
Q

Clients- public

A

Government system. Pertain to regulations. Submit credentials. Ultimate beneficiaries are public. Work flow: rfp’s(identifies unit, funds available scope of services with possibly credentials), illustrative governmental units, proposal(statement of service with budget with credentials), acceptance, review and acceptance

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21
Q

Owner/client relationship

A

Owners of property or authorized to alter. Individuals who have initiated the request for services and have in many cases define the problem which must be solved

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22
Q

Owner client responsibilities

A

Will pay for the service. Help clarify needs and articulate project golds. May be user of service. May anticipate profit. Has the right to except or reject advice of LA. May require ultimate users design to be involved in design process.

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23
Q

Landscape architecture

A

Ethical delivery of la services to society. Under obligation legally or professionally to execute services in a prescribed manner.

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24
Q

Other relationships

A

Employer employee, partners, interdisciplinary teams, competitors, consultants

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25
Q

Contractual agreement

A

Agreement enforceable by law which is binding upon only those who are party to the agreement. Contracts fall under the law of the place for the contract was made or the place where it was enforced

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26
Q

Valid contracts

A

1 Agreements, (signatures, mutual understanding. Invalidated with mistake as to party or subject matter, misrepresentation fraud or duress)
2 lawful subject matter, (is not illegal)
3 consideration, (act of forbearance or promise)
4 competent parties, (acting in good faith, not drunk insane or minor)
5 offer and acceptance, (must have acceptance)
6 compliance with the provision of the law with regard to form (by law, some contacts must be written)

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27
Q

La contract

A

1 scope of services (consult, construct, supervise)
2 fee schedule
3 time schedule
4 budgeting

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28
Q

Program (scope of work)

A

Scope with predetermined fee. May have minor changes. Must have title of project as indicative to work, description of general features of project, preliminary estimate of cost.

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29
Q

Fee schedule

A

General considerations for costing out projects and various fee structures. Based on time schedule and budgeting.

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30
Q

Time schedule

A

Period in which work is to be completed. No time period is considered reasonable time.

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31
Q

Budgeting

A

Varies with office procedures. Task breakdown (hours, personnel to be assigned products required) overhead (secretarial staff, office facilities, equipment, prospecting time) expenses (travel, printing) consultants fee

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32
Q

Scope of services

A

Programming, land use planning, master planning, specific studies, management, general considerations

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33
Q

Programming

A

Analysis of need

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34
Q

Land use planning

A

Resource analysis, market studies, and feasibility studies

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35
Q

Master planning

A

Generalized plan illustrating the major organization of a specific site plus other aspects such as general financing, market feasibility, phasing, location of major elements

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36
Q

Specific studies

A

Studies which involve consultation on specific factors relevant to site inventories such as climate soils geology hydrology

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37
Q

Management

A

Advising, organization, supervising design teams, interdisciplinary teams, client designer relationships.

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38
Q

General considerations

A

What are objectives for the assignment, basic data from client, job assignments, who does work, how many meetings with client and public agency meetings, what physical form will be presented, deadlines, special limitations

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39
Q

Competitive bid contract

A

Required bid procedure for large work contracts. Awarded to lowest bidder. Two types. Lump sum- compensation covers total amount of work and services. Unit price- breaks estimates down into number of units and price per unit.

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40
Q

Negotiated contract

A

Awarded contracts after open competition on the basis of the qualification facilities and experiences. Based on assumption that owner will pay cost of work plus compensation

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41
Q

Fees

A

Lump sum- fixed amount
Time per diem- fixed amount charged on a daily basis
Time hourly- fixed amount charged hourly
Time with minimum upset- stated amount below which the client has agreed la fee will not fall
Time with maximum upset- fee will not rise
Cost plus fixed fee-
Cost plus percentage fee

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42
Q

Fees determined by

A

Professional time, staff, consultants, material and supplies, expenses, overhead

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43
Q

Scope- programming and analysis

A

Client needs assessment,
site selection,
site inventory,
site analysis

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44
Q

Scope- design development

A 
Client conferences
Design schematics
Specific/special studies
Feasibility studies
Preliminary plan and presentation drawings
Preliminary estimates
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45
Q

Scope-Design implementation (construction docs)

A

Working drawings- layout plan, design details, grading plan
Final estimates
Contract specification and docs
Other: planting and irrigation plans

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46
Q

Scope- contract supervision

A

Selection of contractors
Award contract
General supervision on behalf of owner, inspection of work
Acceptance of work completed

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47
Q

Contractual implications

A 
I.D. Parties 
project description
Job number
Scope of services
Exclusion to scope of services
Fees
Reimbursable costs
Additional services 
Billing method 
Disputes and termination
Ownership of documents 
Successors 
Signatures
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48
Q

Fees

A 
Percentage of construction cost
Lump sum
Time per diem
Time hourly
Percentage of prime consultants fee
Cost plus fixed fee- adding a variable amount to total direct costs incurred
Cost plus percentage fee
Time with minimum upset
Time with maximum upset
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49
Q

Contract documents

A

Necessary details employed to communicate the results intended by the designer. How it should be built and what is required to build it. Incorporated into formal contract.

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50
Q

Specifications

A

Written instructions to contractor to supplement drawings. Define standards of materials and workmanship. Physical operational and technical aspects of constructed design. Greater legal significance than drawings in case of conflict. Detailed precisely and completely.

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51
Q

Specification types

A

General-overall requirements

Technical- details of different types of construction.

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52
Q

Specification writing principles

A

1 Clarity-in composition clarity and grammar. Avoid ambiguity
2 Terminology-no legal phraseology
3 Content-limited to work completion not time payment changes and liquidation damages
4 Relationship to drawings-complement and amplify drawings. What is done vs. how to build (drawings)
5 Precision-specific direction not suggestion.
Common errors are repetitions, avoid cross referencing, standard size where possible.

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53
Q

Gp spec description of work

A

Types of of construction and intended outcome of construction

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54
Q

Gp spec reference to contract drawings

A

Refer to drawings and listed by number title and date

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55
Q

Gp spec elaboration

A

May require further detailing as work progresses. Provide for issuance of detail drawings as work progresses

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56
Q

Gp spec work or material provided by owner

A

Owner agreed to perform work or provide materials

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57
Q

Gp doe work or materials found elsewhere

A

As written

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58
Q

Gp spec control

A

Control of materials provided by contractors

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59
Q

Gp spec accuracy of certain data

A

Contain clause relieving the owner of responsibility for accuracy and interpretation of subsurface data

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60
Q

Gp spec shop drawings

A

Contractor must submit all shop drawings for approval by la. Occur prior to ordering materials.

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61
Q

Gp sec sequence of work

A

Unless character of work requires, sequencing done by option of contractor and subject to approval by la

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62
Q

Gp spec progress schedule

A

Progres schedule required of the contractor

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63
Q

Gp spec materials

A

All construction materials be examined and tested prior to acceptance. The specific tests employed should be detailed with technical provisions.

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64
Q

Gp spec layout of work

A

States where la should be responsible for grades survey and lines. Contractor gives notice to la where and when line and grade stakes are needed.

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65
Q

Gp spec delivery and storage of material

A

As written

66
Q

Of spec temporary structure and facilities

A

Contractor required to provide temporary storage facilities for project.

67
Q

Gp spec for utilities

A

Location and availability should be given. responsibilities for cost and use should be given.

68
Q

Gp spec field offices

A

Provide for contractor to furnish temporary office facilities for use

69
Q

Gp spec use of completed sections of work

A

Provides for owner’s use of completed sections of work. What is owners requirements. Contractor not responsible for maintenance of those sections.

70
Q

Gp spec warranty of work

A

Warranty to be defect free for given time period for items furnished by contractor.

71
Q

Technical specifications

A

Instruct contractor in the designed quality and performance capabilities of the furnished product. Tests and inspections designed during construction. Organized by types: carpentry, earthwork, masonry.

72
Q

Tech spec. Materials and workmanship

A

Responsibilities of contractor to furnish materials and workmanship. Responsible for components constructed but not overall performance of components constructed

73
Q

Tech spec performance specs

A

Where finished product can be evaluated by testing. Situation with mechanical equipment. Contractor guarantees equipment meets purpose and performs for specific time period.

74
Q

Tech spec standard brand

A

Identifies a product. Tests or standards of performance may be described.

75
Q

Tech spec principles of writing. Materials and workmanship

A
  • Desired results should be stated pertaining to quality and appearance
  • methods of construction stated if necessary but general rule to allow flexibility in construction
  • tests are a method of inspection and should be stated
  • limitations to contractors stated
  • measures to protect materials and land
76
Q

Tech spec principles of writing. Performance.

A
  • type of materials
  • design and install requirements
  • performance requirements
  • quality requirements
  • types of tests and inspections
  • any warranties on performance durability and materials
77
Q

Tech spec principles of writing. Standard brands.

A
  • best to use performance type spec rather than product by trade or brand
  • if brand is desirable include a list of all brands acceptable fora specific purpose.
78
Q

Changes in spec

A

Asla has adopted construction specification institute format for construction specifications. Referred to CSI. Use a uniform system that provides a data filing system and cost accounting system.

79
Q

Choosing a contractor

A

La selects contractor. Project’s owner or la seek competitive bids. Contracts are awarded by bid or negotiation. Competitive bids required for large scale public works. Negotiated contracts are used for private work and based on comparative evaluation of qualifications experience and facilities of bidders.

80
Q

Notice

A 
Invitation to contractors to submit bids. Sent in a periodical that is widely received with sufficient time for preparation. Includes:
Work to be done.
Owner name and address
La and address
Date place and time bids will be opened
Restrictions on submission change or withdrawal
Character of bid: lump sum or unit price
Work items and quantities
Bond amount
Contract surety- contractor Insurance 
Conditions of payment 
Info where plans and specs are obtained
81
Q

Instruction to bidders

A

Info about work and general form for submitting bids. Expands info from notice to bidders. Includes:
Prequalification data
Procedure in writing bid
List of plans and specs and detailed estimate of quantities or for lump sum exact definition of scope of work
Time of completion of work. Start day and allowed days
Owner or bidder is held for accuracy of bidding info. Owner responsible
Reference authority for accomplishing work or other legal considerations
Misc for unique features

82
Q

Bid proposal form

A

Prescribes the method to be used in preparing the bid

  • price contractor offers
  • completion price
  • bond
  • contract surety
  • additions to plans and specs
  • list of subcontractors
  • experience record, financial statement, plant and requirement
  • declare no fraud or collusion
  • site has been examined and plans and specs are understood
  • signature and witnesses
83
Q

Receipt of bids

A

Bids are submitted in a sealed envelope and addressed to authorized person and endorsed with the bidder’s name and title of the project at the time specified all bids are opened and read aloud publicly

84
Q

Contractor selection

A

1-Examine qualifications of bidders- comparison of experience and financial reliability
2-compare bidders- lowest. If errors found, contractor may withdraw without penalty. Priced low that falls below quality

85
Q

Bid awarded

A

Lowest bidder

Reserve right to award to other if: contractor refuses to enter contract, error in bid

86
Q

Bid rejection

A 
1 Over budget
2 irregularities in bids bec/ poor bid docs
3 cancellation of project
4 delays in funding
5 bids unreasonably high
6 site not available
87
Q

Award contract

A

Notice of award- a written formal notice of award with date and time of contract
Contract signing- written or verbal

88
Q

Written contract

A

Conditions and provisions agreed upon

  • construction start date
  • contract time
  • penalty and bonus clauses
  • scope of work or services supplied
  • payment method
  • plans and specs incorporated
  • signature
89
Q

Contract form

A

Form: agreement, general cond., special cond, tech specs, drawings

90
Q

Verbal contract

A

Essential elements with witnesses. Not complex with limited scope

91
Q

Notice to proceed

A

Formal notice to begin work. Start date of work with receipt of notice

92
Q

Subcontractors

A

Bids by subcontractors made on an informal basis. Award of subs may be controlled by specifying that subs subject to approval by la. Provision in instruction for bid requires submittal of list of subs allows for control.

93
Q

Owners representatives

A

Larger projects owner may delegate a representative duties to management personnel or la as agent. Representative should clearly be spelled out in the contract

94
Q

Owners rep duties

A

Project representatives: authorized to make decisions on behalf of the owner and must act to protect the best interests of the owner
Inspectors employed by owner:
Hire an inspector to observe and check for compliance with the contract. Can be LA
Clerk of the works:
Hired to perform clerical duties and timekeeping reports correspondence payment processing in project liaison. Can be LA

95
Q

La responsibilities or designation to others

A

Project representative: principal associates or employee of the firm. And ministers contract documents and make sure contract provisions are met.
Clerk of works: delegated the above responsibilities
Consultants: hired for a technical advice

96
Q

Contractor representative: superintendent

A

A project manager in coordinates the activities of subcontractors material suppliers and as a liaison with representatives of the LA and owner

97
Q

Public representatives

A

Variety of individuals to ensure health and safety of workers quality of construction systems which affect health and users of public ore upheld. Safety inspectors, building expecters, health inspectors.

98
Q

Form of Contract: negotiated lump sum contract

A

Requires comprehensive plans and specs and does not breakdown work by units. Preferred for standardized work or competitive bid contracts.

99
Q

Form of contract: negotiated unit price contract

A

Breaks down large work by units of construction. Standard types and is used for competitive bidding rather than negotiated contracts

100
Q

Cost reimbursable contracts: cost of work contracts

A

Contractor provides working capital to finance construction and is periodically reimbursed for full cost, amount of construction to date plus compensation for management coordination and accomplishment of work. preferred for negotiated contracts.

101
Q

Cost reimbursable contracts: cost plus fixed fee contracts

A

Most frequently used. Based on payment for the cost of work plus a fixed fee you for accomplishing the work feet is generally determined by character and scope of work and estimated cost. Used by govt.

102
Q

Other Cost Reimbursable contracts

A

Cost plus a fixed fee with profit-sharing clause, cost-plus fixed fee with bonus clause, cost plus a sliding scale of fees, cost-plus contract with a guaranteed ceiling price.

103
Q

Contractor selection

A

Using questionnaire and evaluation of the following.:

  1. Previous work experience
  2. Reputation for fairness and excellence in performance
  3. Quality and experience of personnel
  4. Record in the management and coordination of work of sub contractors
  5. Available working capital
  6. Plant and equipment
  7. Normal volume of work per year
  8. Uncompleted work in progress
  9. Available work capacity
104
Q

Negotiation procedure: cost reimbursable contracts

A

Answer contractor is selected separate negotiations are conducted to determine:

  1. Terms of contract
  2. Amount of the fixed fee or other compensation
  3. Review of the contract as to cost and administration
  4. Estimates of costs of labor, materials, equipment and overhead
105
Q

Phases of project implementation in construction

A

Opening of the project, running the project, closing out the project

106
Q

Opening the project- done before work can begin

A

Performance bonds-work is completed or bond will be forfeited

Bomb is required by government agencies such as right-of-way utilities

Notifications- published in the local newspapers and adhere to laws

Insurance certification. 
Cost breakdown 
Progress schedule
Notice to proceed
Recording contracts- filed in govt
Permits and licenses
Meetings
107
Q

Meetings

A

Pre-start meeting. Identify individual representing the parties to the contract, establishment of the means of communication, who has authority, phasing and schedule, clarify contract documents and date when site is transferred to contractor

Pre-site inspection to establish conformity of the site with plan conditions

Record of damages to existing improvements. Any existing damages should be surveyed and recorded to avoid blame

108
Q

Running the project

A

Orders, substitutions, shop drawings, delays, certification of payment, rejection

109
Q

Orders

A

All orders should be transmitted to the contractor. All verbal orders should be followed by a written memo.

110
Q

Interpretation of plans and specifications

A

Done by the LA

111
Q

Clarification and or revisions

A

Contract documents are the responsibility of the LA. these should be in writing

112
Q

Field order

A

Field orders are minor changes given to the contractor to expedite construction. Dollar limit should be on a field order to establish the cost of change.

113
Q

Change order

A

Change orders are written document which becomes a part of construction documents. Field orders are incorporated in a change order. Change orders describe work in reference to materials, construction change in the contract time, or change in contract amount. Change order should be signed by contractor and owner.

114
Q

Substitutions

A

LA has the right to allow or disallow substitutions. These are recorded in change orders

115
Q

Shop drawings

A

Prepared by contractor or subcontractor for fabrication, materials or supplies

116
Q

Delays

A

Due to weather or by owner which Delay contractor. Delays by other contractors should be included in a change order extending the contract time. This is officially recorded with the contract documents.

117
Q

Certificate of payment

A

Certification by LA that the amount of work completed so far by contractor has been done and the contractor is entitled to payment. The LA should have reasonable assurance that the work has been accomplished.

118
Q

rejection

A

LA has authority to reject any work or materials before or after delivery

119
Q

Closing out the project

A

Advance notice, a pre-final inspection, final acceptance, written notice of final acceptance, certificates of compliance, funds, as built records

120
Q

Advance notice

A

Notice to all parties by contractor stating the completion of project is anticipated and acceptance of work is requested

121
Q

A pre-final inspection

A

Conducted and a list of any work items to be corrected by the contractor should be prepared

122
Q

Final acceptance

A

Granted when all construction has been fully completed in an acceptable manner

123
Q

Written notice

A

Written notice of final acceptance sent to the contractor owner bonding and insurance companies. If the contract has been filed as a public record then the written notice of final acceptance should also be filed to indicate work is completed.

124
Q

Certificate of compliance

A

Obtained by contractor to satisfy any statuTory requirements

125
Q

Funds

A

Retained from final payment until insurance is given that bills for materials, to suppliers and or some subcontractors have been satisfied and until any work considered unacceptable has been corrected in accordance with the specifications

126
Q

As build records

A

Obtained from the contractor and maintained as part of the construction documentation

127
Q

LA relationship to consultants types

A

Design teams, coordination, LA as prime consultant, public. LA must identify potential consultants, assist the client in making judgments in hiring consultants, assign tasks to be performed for consultants, and establish method of communication among consultants.

128
Q

Design teams, consultants

A

Groups of professionals assembled for a particular project

129
Q

Coordination of team, consultants

A

Ordinarily client selects the team members and is responsible for a ID the prime consultant who will coordinate team activities. Client is also responsible for approval of additional team members identified by the prime consultant.

130
Q

Landscape architect as prime consultant, consultants

A

Generally in smaller projects LA will be involved with site design and development. Large projects, LA maybe selected as prime consultants to coordinate a project.

131
Q

Public, consultants

A

General public as ultimate used as a project, public agencies as clients

132
Q

Design and project implementation

A

Design and project implementation is one process.

General concerns
Project production
Contract supervision

133
Q

General concerns

A

Duties- protect public health safety and welfare

Responsibilities- work will fit visually and function in the environment. Protects environment and public

Visual concerns-visual safety for peds and drivers. Public aesthetic and approval

Functional concerns- design functions in harmony with environment and society. La is capable of understanding and altering natural processes. Must not diminish land value via nat. processes which is public welfare. Function in safe manner where not hazards. Not endanger public health.

Informed of public interest via legislation. Consult recommended criteria and standards of profession. Knowledge of legal regulatory controls and implications in all phases of project.

134
Q

Material legislation and regulations

A

Environmental protection act- fed projects have environmental impact statement.

Air quality act, water quality act, shoreline development, federal lands, national historic landmark.

135
Q

Participation/ plans review statutes

A

Require citizen participation in plan review to address and satisfy needs of users.

136
Q

Building codes

A

Form standard codes.: Most common to dictate manner of construction and materials.

Performance Standards: manner in which the design must work

137
Q

Zoning ordinances

A

Establish instances in which different land uses must occur. Establish relationship between various land uses and public rights of way. Also control planting signage color style design.

138
Q

Local specifications and details

A

Any required by an agency or local government which dictates the form location space seen type in dimensions of elements, materials located in a public right-of-way, and the purpose of these specifications is for maintenance and safety measures.

139
Q

Site control on site safety

A

Local regulations that specify safety precautions must be taken to protect the public from construction hazards sanitation and removal of debris delivery of materials and equipment and reduction of noise and pollution

140
Q

Agency

A

Limited- specific purpose and limited duration
General- various purposes and unlimited duration

The principal authorized the agent

Performing duties agreed to in a specified manner. Act on principle interest and with diligence and care. Agency can enter contracts, approve work, and expose to liability if agent fails to act in care.

Principal is to reimburse the agent and ratify all actions and agreements performed and entered into by the agent.

Terminated with fulfillment of terms , mutual consent of both parties, or death of either party.

141
Q

Agency between client and LA

A

Be aware of legal status of other participants in the construction process.

142
Q

Principle of independent contractor

A

Contractor is independent of client where contract will not state by what means the contractor will complete the project only results.

143
Q

Relevance of independent contractor to landscape architectural practice

A

The LA as agent for the client must refrain from exercising control over the method of building a project. LA supervises construction and inspects results so they meet standards of quality in specifications and worksite is safe for workers in public. Allie cannot supervise or direct contractors employees. Carelessness can be transferred to client if contractor is an employee of the client and not independent.

144
Q

Contract elements

A

Agreement by the parties, subject of contract (project design, analysis, studies, design schematics, implementation, project management, supervising)

La and client who will pay

Nature of transaction- services provided, form and manner of presentation, fees etc

Lawful subject matter

Consideration- each party must agree to change their position through a promise by the other party to the contract.

Parties must be able to enter in a contract. (Competent) age and mental health

Partnership- one partner can enter into a contract
Corporations- individuals authorized in the charter of the corp
Public govt- specific individuals

145
Q

Contract formation

A

Negotiations in what is offered by both parties. Clear offers.

Govt work- is not an offer, but a request for a proposal with an offer as a response

Must be clear acceptance
Written- La contracts must be in written form with sale of land, rental of land more than one year or, any contract that will not perform within a year.

Non written- see above but it is wise to have one.

146
Q

Contract alterations

A

Both agree and must sign any changes

147
Q

Performance of contract

A

Contract is terminated by complete performance within time specified. Through arbitration if parties agree or by litigation in court of law.

148
Q

Liens

A

Impediment or levy upon property. Financial claim that’s is satisfied through sale of property. Governed by state laws.

Tax liens- govt owned that arise from failure to pay taxes.

Mechanics liens- protect workman, materials, supplies, contractors, subs, and la. Pay for contributions made by any (Above) that increase value of real estate. Varies by state, professional services may not be classified as labor.

149
Q

Bonds

A

Legal instrument though which one party guarantees to pay the debt of another. Insure the integrity of the contract and protects owner against performance and payment of all contract obligations defaulted by contractor.

150
Q

Surety bonds

Bid bond
Performance bond
Payment bond

A

Gaurantees bid has been made in good faith and bidder will enter into contract if bid is accepted

Guarantee contract will be performed to terms

All bills and obligations incurred will be paid

Surety bonds are relevant to la. Protect client from default and failure to complete.

151
Q

Arbitration

A

Contracting parties submit grievances to 3rd party impartial board of experts.

All parties must agree to arbitration. It affects only parties who have agreed to submit to it. And arbitration clause is inserted in the contract between the owner and contractor. Clause defines where arbitration will occur and laws that are applied. By agreeing to arbitration you waive your rights to court of law

152
Q

Litigation

A

Legal process with disagreement among parties. Initiated by attorneys and resolved in court for money damages.

Malpractice- did not competently provide services
Breech of contract-
Negligence

153
Q

Malpractice

A

Failure on the part of the landscape architect to competently provide the service of the profession

154
Q

Breach of contract

A

Failure to perform the terms of the contract.

155
Q

Negligence

A

Action arising due to a failure to properly undertake a required act. As a result there is an injury to a third-party or an action arising due to a failure to do a required act. The injured party may litigate all involved in a project including the owner who are all responsible. Money damages are paid.

156
Q

Arbitration agreement

A

Written into contracts to cover all future disputes or address the specific controversy signed by both parties. Both parties must submit a written and signed it dispute. This submission should contain definition of the scope of arbitration and definition of the award. And definition of the rules of procedure to be followed.

157
Q

Arbitrators

A

Selected by a reference member, member selected by each party, and an independent member. They should have expertise and practical knowledge and no vested financial interest

158
Q

Arbitration hearing and award

A

Evidence such as witnesses records and documents are produced. Testimony is taken under oath. Confirmation of an award is made within one year and can be confirmed corrected or vacated

159
Q

Professional liability

A
  1. Fails to estimate the cost of a job. For example when the lowest bid exceeds the estimate and the client authorizes rebidding which is still too high.
  2. Feels to hire a consultant to a necessary or fails to detect defects in the consultants work
  3. Fails to consider rights of adjacent property owners
  4. Fails to consider surface and subsurface water conditions and drainage patterns
  5. Excessive control or supervision of employees of a contractor and subcontractor exposes owner to liability
160
Q

Licensure has three phases

A

Professional education, internship-. A varying duration providing professional service to a client system, licensure-can provide professional service to society

161
Q

Licensure

A

Illegal mechanism where is State on behalf of its citizens guarantees to the public that person’s holding them so are professionals in minimally competent to practice without endangering the health safety or welfare of the citizens

162
Q

Title laws, practice laws, title and practice laws

A

Laws that prohibit nonlicensed individuals from using the title

Laws that prohibit nonlicensed individuals from advertising or providing services

1-Project And Construction Management (5 decks)

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