Definitions - Basic Flashcards
Architect
A person who is registered with the relevant Architects Registration Board (or equivalent) in their state or territory
Brief
A document provided by the client that describes the client’s requirements for a project including accommodation, cost and program.
Client
A person who engages an architect to provide architectural services.
Consultant
A person who is consulted for paid, expert advice and related services.
Contingency Sum
A sum of money included in a building contract or preserved outside it for expenditure, if necessary, on matters unforeseen at the time that the contract price was calculated.
Contingency sum – design
A sum of money allowed in the project budget to cover the cost of matters that are unknown or unresolved at the time the budget is established. The design contingency will typically be proportionally high early in the design process and reduce as the design develops.
Contract Documents
Contract documents include: a particular written contract, including the agreement between the owner and the contractor, any special conditions, the drawings and specifications, and any other relevant documents
Contract price
The total amount including GST paid or to be paid by the owner to the contractor.
Contractor
A builder or other trade who carries out the construction work under a construction contract. A contractor can be a head contractor or a subcontractor.
Cost of building work
The actual net cost of the works excluding any amounts for GST.
Estimate
A judgement or forecast of the cost of a project based on knowledge, experience and available information.
Graduate of Architecture
A person who has completed a masters of architecture program (or equivalent) but who has not yet obtained professional registration as an architect
GST
Goods and services tax levied under the GST Act - A New Tax System (Goods and Services Tax) Act 1999.
Latent condition
A physical condition on, underlying or adjacent to the site which a reasonable contractor would not have anticipated if the contractor had examined the site information and inspected the site before starting/commencing works
Novation
The transfer by agreement of contractual rights and obligations. For example, the original contract between an architect and the client may be replaced at the start of construction by a contract between the architect and the contractor.
Owner
Usually, the owner of the land. However, in some building contracts such as for a tenancy fit-out, one party is called ‘the owner’ but they do not own the land. Instead they own the works as a leaseholder or tenant or a licensee of the land owner. In every case the owner has legally enforceable rights in connection with use of the land or a building on it.
Particular person
A firm or person selected by the owner and specifically identified in the contract as the legal entity whom the owner wants to perform work or to supply and/or install an item forming part of the works in the building contract.
Primary (Lead) Consultant
A consultant, often the architect, whose responsibilities include direction and coordination of the work of specialist consultants. The primary consultant is in contract with the client.
Prime cost sum
A sum included in the contract for a foreseeable ‘off the shelf’ item, the precise identity of which was not known or had not been decided at the date of the contract.
Progress payment
A progress payment is a payment under a contract or client-architect agreement for work partly completed.
Project budget
An amount established by the client which represents the total available funds for the project including building costs, provisional sums, escalation, contingency sums, consultant’s fees, GST, furniture and equipment, approval costs and any other cost, allowance or item defined by the client.
Provisional sum
A sum included in the contract for foreseeable work, which could not be fully described at the date of the contract, because some details were unknown.
Secondary consultant
A consultant whose work is subject to the direction and coordination of the primary consultant. The secondary consultant is in contract with the client
Subconsultant
A consultant whose work is subject to the direction and coordination of the primary consultant. The subconsultant is in contract with the primary consultant.
Subcontractor
A firm or person (under contract to the main contractor) who performs work or who supplies and/or installs an item forming part of the works in the contract. The contractor is responsible for the selection, engagement, supervision, performance and payment of all subcontractors in accordance with the contract. Subcontractors do not include any firms or persons directly engaged and paid by the owner for work outside the contract. These are separate contracts.
Tender
An offer to perform work and/or supply goods at a given price, usually made in writing.
Variation
A change in the scope of works, the order of precedence of the contract documents, or to dimensions, levels, materials, details, workmanship or quality of any part of the works.
Warranty
A warranty is an undertaking that one’s work or product attains a certain standard. If the subject of the warranty is found to be other than as warranted, liability may be either expressed or implied. A warranty involves two parties and applies to the warrantor’s own work or goods.
Work
The activities, labour or processes involved in construction of the works.
Works
The completed construction as set out in the contract documents. Generally works can be seen as the product of the work carried out under the contract.
