Application of Professional Ethics, and Business Practices - Part I Flashcards
Occasionally, a designer will have to ______ _______ as a result of shoddy work.
take action
In the event that a designer notices work that does not conform to the contract documents during a visit, the designer may ______________.
recommend to the owner that the work be rejected
The designer does not have the right to reject work, but can authorize _______ ________ or ______ to determine if work that has been done is in conformance with contract documents.
special instructions
tests
The designer can also recommend the payment be ________, if work is ________, _________, or if the contractor has violated the terms of his or her contract.
withheld
defective
incomplete
In some cases, a designer will need to take unusual actions as a result of __________ or ______ _________ by a contractor.
negligence
poor conduct
The designer has the right to withhold a portion or all of an ___________ for ________ for any of the following reasons. (See next cards)
application for payment
Reason 1: He or she cannot ______ the amount of work that has been done.
verify
Reason 2: some of the work is ________.
defective
Reason 3: ______-_______ claims have been made, or are likely to be made.
third-party
Reason 4: The contractor has not made payments to ___________ or __________.
subcontractors or suppliers
Reason 5: there is reasonable evidence that the work cannot be completed for the ______ balance of the ________ ______.
unpaid balance of the contract sum
Reason 6: The owner or another contractor has been _______.
damaged
There is reasonable evidence that the work will not be ____________ or the contractor has ___________ ________ to carry out work in accordance with the contract documents.
completed on time
consistently failed
Occasionally, a designer will have to withhold _______ from a contractor with the _________ of the owner or client.
payment
permission
The common reasons for a designer to withhold payment to a contractor are _______ work; failure to ____ subcontractors; damage to the _______ property; _____-______ claims; indications that the work will not ________________ or failure to meet the standards set by the ________ _________.
defective
pay
owners
third-party
be completed on time
contract documents
The occasional necessity of withholding payment reinforces the importance of ________, which can be used to force a contractor to consider the validity of an owners claim.
retainage
What is the simplest type of business structure?
Sole proprietorship
A ______ _________ is a business structure in which the company is owned by an individual and operates under his/her name or a company name.
Sole proprietorship
Sole proprietorships can be set up simply by establishing ___________________.
establishing a name and location, opening a company bank account, and having company stationary printed
List three benefits to sole proprietorships.
- They are easy to establish
- They allow total management control by the owner
- Have tax advantages (expenses and losses can be deducted from gross income)
List, two disadvantages of a sole proprietorship.
The owner is personally liable for all the debts and losses of the company.
It is more difficult to raise capital and establish credit for a sole proprietorship.
A business arrangement in which two or more individuals share in the management, profits and risks of the business.
Partnership
The members of the partnership have their income taxed as _________ ________ on personal tax forms.
ordinary income
Partnerships are relatively easy to form; however, all the partners are _________________.
liable for the actions of each other
A ___________ spreads work among several owners, and allows different owners to handle their __________.
partnership
specialties
A partnership can _____ additional ________ as necessary.
hire
employees
One common permutation is the limited partnership, in which there are both _________ _________, who participate in the operations of the business and _______ ________, who simply invest money in it.
general partners
limited partners
An association of individuals that has an existence independence from the members.
Corporation
A corporation is formed by ______ appropriate __________ with the state office.
filing
paperwork
Corporations are assumed to be ________ and ______ independent from stockholders.
financially
legally
If a corporation is sued; the personal assets of the stockholders _________.
cannot be pursued
Corporations are generally taxed at a ________ ______, and have _________ independent of changes in stockholders.
lower rate
continuity
Is it easy to raise capital in a corporation?
Yes, relatively easy by selling stock in a corporation.
Disadvantages of a corporation
high initial cost and requires ongoing paperwork and formal requirements in order to maintain the business.
What are two common subcategories of corporations?
Subchapter S corporation and the professional corporation
A subchapter S corporation has certain eligibility requirements, but offers _____________ of a standard corporation.
all the advantages
What is a standard corporation sometimes referred to as?
C corporation
For a subchapter S corporation, profits or losses are paid or deducted from the stockholders _________ _______ ______ in proportion to the share of stock they hold.
personal income taxes
A professional corporation is similar to other forms of corporation with the exception that liability for malpractice is ______________.
limited to the person responsible
Professional corporations can only be formed by groups of ________ ________, such as the lawyers and doctors.
similar professionals
An arrangement in which there are one or more general partners, and other limited partners.
A limited liability company
What can a limited liability company also be known as?
Limited liability partnership
_______ partners invest in the company, oversee it, and are financially responsible for it; ______ partners simply invest and receive a portion of the profits.
General
limited
Limited partners have no _____________, and are only liable to the extent of their investment.
managing authority
A limited liability company combines the advantages of a _________ and a _________.
partnership
corporation
Joint ventures
limited business arrangements formed for the explicit purpose of achieving a short term goal. Joint ventures are often formed when a couple of interior design firms collaborate on a large project.
An interior designer needs to be familiar with the various ways that _______ for a design project can be acquired.
capital
What is one way to acquire capital?
Through a loan
What are two types of loans?
Secured and unsecured
__________ require collateral in case of non-repayment, while __________ do not require any collateral as a guarantee of payment.
secured loans
unsecured loans
Designers can also pursue ______ ______, which is any funding for a business that comes from investors, i.e., stockholders.
equity capital
________ ________, on the other hand, is funding specifically directed to a start up business.
Venture capital
Finally, an interior design firm might seek funds from an _________ _________, an entrepreneur who invests in Interior Design businesses in part to help support another small business owner.
angel investor
An interior designer needs to understand the various ways that a professional can use _______.
credit
Sometimes an interior design firm will establish a __________ _____ and predict the potential for success.
business plan
Using these financial projections to obtain credit is known as “_______________”.
pursuing a pro forma credit policy
__________ _______, on the other hand, is the acquisition of materials from a supplier on the promise of later payment.
Trade credit
Many fledgling interior design firms, need to use _______ ______ and use their personal belongings as collateral. This is a _____ form of credit, and should only be pursued in cases were subsequent earnings are guaranteed.
trade credit
risky
There are a number of places where an interior designer can acquire _________.
Insurance
To begin with, an interior designer can obtain information from an ___________________ who works with __________ insurance companies to provide the best possible coverage for individual clients.
independent insurance agent
multiple
Exclusive agent
Works with only one insurance company.
An exclusive agent tends to be more _____________ about the plans he or she offers, but do not offer the ______ _________ of an independent agent.
knowledgeable
broad selection
An insurance broker, finally, works at the behest of the __________ _______, and not in the service of any particular _________ ________.
individual client
insurance company
Interior designers typically hold ____________ _________ ____________, which protects the interests of the designer in the event, that some action by the designer results in bodily injury or property damage.
professional liability insurance
What is Professional liability insurance also known as?
Malpractice or errors and omissions insurance
Professional liability insurance also provides coverage in the event of ________ mistakes, _______ specifications and the improper _________ of furniture or fixtures.
drawing, inaccurate, installation
Professional liability insurance is made necessary by the fact that basic liability insurance does not cover damages incurred during __________________.
specialized professional activities
In order to acquire this kind of insurance, an individual has to have ____________ expertise in the profession in question.
acknowledged
Interior designers always carry ____________ __________ _____________, which covers the property damage, personal injury, caused by a designer or employees and other liabilities that occur if contractors or subcontractors, do not have their own insurance.
general liability insurance
This coverage often includes ________ ___________ _________, which provides protection in the event, that a product or installation, completed by a designer or subcontractor, does some injury to the client after the designer or subcontractor, relinquishes possession of the product.
product liability insurance
When does product liability (general liability insurance often includes product liability) insurance become especially valuable?
Product liability insurance may be especially valuable, if a contractor or subcontractor, injures people or property, and does not have his or her own insurance coverage.
What types of insurance do interior designers typically carry?
Property insurance
Personal injury protection insurance
Automobile insurance
Worker’s Compensation insurance
Property insurance covers loss or damage to buildings and its contents due to ______, _______, and _______.
fire, flood, and theft
Personal injury protection insurance protects the designer against potential charges of _______, ________, ___________ or libel.
slander, misrepresentation, defamation of character