export_lare section 1 Flashcards
Rules of Professional Conduct
(A) Competence
LARE Orientation Guide!!
(A) In engaging in the practice of landscape architecture, a registered landscape architect shall act with
reasonable care and competence and shall apply the technical knowledge and skill which are ordinarily
applied by registered landscape architects of good standing, practicing in the same locality
What are the three strategies to address site operations and maintenance?
- Develop a sustainable management plan. Not only should an integrated pest management (IPM) plan be implemented by the maintenance team, but so should a plan for cleaning the exterior surfaces.
- Implement conservation programs. Protect species and habitat by working
with local ecologists and nonprofi t organizations.
- Maintain site lighting to prevent light pollution. Whenever higher light levels are needed, put the fixtures on timers to shut off automatically after hours.
What are the strategies to reduce rainwater runoff?
Wet or dry ponds. Both of these approaches utilize excavated areas used to detain rainwater from leaving the site and therefore slow runoff.
Two other options include on‐site
filtration methods. Bioswale can be utilized to increase groundwater recharge and reduce peak rainwater runoff.
The other option, rain gardens, functions to collect and fi lter runoff while reducing peak
discharge rates.
three design strategies to address
rainwater management
- M inimize impervious areas . Remember open‐grid pavers, porous paving, pervious
concrete, and green roofs to increase pervious surfaces - Control rainwater. Remember rain gardens, dry ponds, and bioswales slow
down runoff while allowing the natural environment to infi ltrate and clean
the water of pollutants.
- Incorporate rainwater management into site design . Implement multipurpose
features, such as streets with bioswales to collect and hold rainwater.
There are two strategies for rainwater management in operations and maintenance
- Redirect rainwater r into rain gardens, bioswales, or other water‐retaining
landscape features. - Harvest rainwater. Collect it and use it later for nonpotable uses, such as irrigation,
MasterFormat DivisionsMasterFormat Divisions
MasterFormat was first released in 1975 and only had 16 Divisions until the new 50-Division MasterFormat 2004 was released in late 2004. Divisions that are not listed below are reserved for future use (including Division 49.)
Which of the following answers correctly lists the order of project management activities according to Ramroth in “Project Management for Design Professionals”?
Defining, Planning, Directing, Coordinating, Monitoring, Learning
Licensed landscape architects may seal and sign drawings that have been prepared …
1 - Under their supervision by an unlicensed graduate of an accredited landscape architecture program
and
2- Under their supervision by a draftsperson
(KEY IS UNDER THEIR SUEPRVISION)
What is the main responsibility of a landscape architect under contract with a client
Exercising prudent and consistent standards of care.
Construction Specifications
According to the American Institute of Architects (AIA) Document A201-2007, the Contract Documents for a construction project consist of “the Agreement, Conditions of the Contract, Drawing, Specifications, Addenda…”, as well as other miscellaneous documents associated with the contract between the project Owner and the Contractor hired to complete the work. Construction specifications, as noted, become a part of the legal documents of the agreement and form a cornerstone of the project design. In fact, in most cases, the construction specifications override the project drawings in the event of conflicting information.
The purpose of construction specifications is to delineate the requirements regarding the materials, products, installation procedures and quality aspects involved with execution of the work and fulfillment of the contract. Specifications can be divided into three primary categories: performance, prescriptive and proprietary, which are described below.
Performance Specifications
A performance specification is a document that specifies the operational requirements of a component or installation. Simply put, a performance specification tells the contractor what the final installed product must be capable of doing. The contractor is not instructed as to how to accomplish the task of meeting the performance specification requirements - only as to how the component must function after installation. For example, a performance specification may be used in the construction of an industrial pumping system. The specification would provide a required pumping rate (say 500 gallons per minute), a required pressure (20 psi) and the difference in height between the pump and the final destination (+40 feet). The specification will also state that the liquid to be pumped will be at a temperature of 140°F and is corrosive (pH of 3). It is up to the contractor to provide pumping equipment that meets or exceeds the requirements stated in the specification. In many cases the contractor will also be required to test equipment to make sure that is operating properly, and will provide operations manuals.
The general concept behind the performance specification is for the architect or engineer to describe what they need, and the contractor to determine the best way to get there. The performance specification focuses on the outcome and shifts the selection of materials and methods, as well as a portion of the design work, onto the shoulders of the contractor. This approach can provide incentives for innovation and flexibility in the construction approach, but also reduces the amount of control that the architect or engineer has over the project./p>
Prescriptive Specifications
Prescriptive specifications convey the requirements of a project through a detailed explanation of the materials that the contractor must use, and the means of installing those materials. This type of specification will typically be formatted in a manner similar to the following sections:
General: This section will typically contain references to national/international standards, design requirements, a list of required submittals from the contractor to the architect/engineer, quality control requirements and product handling requirements.
Products: This section will describe, in detail, the various products required for the task covered by the specification along with the individual structural and performance requirements of each product.
Execution: This section will explain how to prepare the materials and conduct the installation, including the testing requirements to be followed.
Prescriptive specifications shift more of the project design control onto the shoulders of the architect or engineer and away from the contractor by establishing a set of rules that is to be followed for each project component. This type of specification provides more certainty regarding the final product composition than the performance specification, and is very frequently used for highly complex portions of a project.
Proprietary Specifications
Proprietary specifications are those that require the use of a single approved product type for any particular installation. Proprietary specifications are often used in cases where there is existing equipment or installations already on site. In these cases the owner may want to maintain consistency of materials or possibly simply prefers a specific type of product. Also, in highly complex installations where there is only one specific piece of equipment that will accomplish a specified task, a proprietary specification is required.
Architects and engineers typically try to avoid utilizing proprietary specifications except when absolutely necessary, and will usually allow the contractor to select from a list of approved suppliers. Requiring the use of one specific product type can lead to the perception of favoritism towards a certain manufacturer and may eliminate competition during the bid phase, which may increase the project cost.
Construction Specification Standards
Construction specifications used in the United States typically conform to the guidelines of the Construction Specifications Institute (CSI), who have created a specifications index entitled MasterFormat. The MasterFormat index groups specification sections into easily identifiable disciplines using a six-digit system with digits in groups of two, such as: 01 24 30.
The first two digits denote the primary section (of which there are 48 sections). For example, all the items regarding concrete start with the digits 03.
The second two digits identify the main headings and subheadings. In this case, we look at main headings Concrete Reinforcing (03 20 00) and Cast-in-Place Concrete (03 30 00) which can be broken down into Reinforcement Bars (03 21 00) and Structural Concrete (03 31 00).
The breakdown continues further with the final two digits, for example: Plain Steel Reinforcement Bars (03 21 11) and Heavyweight Structural Concrete (03 31 13).
Use of MasterFormat allows professional and construction personnel alike the ability to use a common system to reference and group materials and equipment when utilizing specifications, pay applications, estimating programs, etc.
MasterFormat Specifications
Construction specifications used in the United States typically conform to the guidelines of the Construction Specifications Institute (CSI), who have created a specifications index entitled MasterFormat. The MasterFormat index groups specification sections into easily identifiable disciplines using a six-digit system with digits in groups of two, such as: 01 24 30.
The first two digits denote the primary section (of which there are 48 sections). For example, all the items regarding concrete start with the digits 03.
The second two digits identify the main headings and subheadings. In this case, we look at main headings Concrete Reinforcing (03 20 00) and Cast-in-Place Concrete (03 30 00) which can be broken down into Reinforcement Bars (03 21 00) and Structural Concrete (03 31 00).
The breakdown continues further with the final two digits, for example: Plain Steel Reinforcement Bars (03 21 11) and Heavyweight Structural Concrete (03 31 13).
Use of MasterFormat allows professional and construction personnel alike the ability to use a common system to reference and group materials and equipment when utilizing specifications, pay applications, estimating programs, etc.
Master Format Divisions
MasterFormat was first released in 1975 and only had 16 Divisions until the new 50-Division MasterFormat 2004 was released in late 2004. Divisions that are not listed below are reserved for future use (including Division 49.)
Division 00 - Procurement and Contracting Requirements
Division 01 - General Requirements
Division 02 - Existing Conditions
Division 03 - Concrete
Division 04 - Masonry
Division 05 - Metals
Division 06 - Wood, Plastics, Composites
Division 07 - Thermal and Moisture Protection
Division 08 - Openings
Division 09 - Finishes
Division 10 - Specialties
Division 11 - Equipment
Division 12 - Furnishings
Division 13 - Special Construction
Division 14 - Conveying Equipment
Division 21 - Fire Suppression
Division 22 - Plumbing
Division 23 - Heating, Ventilating, and Air Conditioning (HVAC)
Division 25 - Integrated Automation
Division 26 - Electrical
Division 27 - Communications
Division 28 - Electronic Safety and Security
Division 31 - Earthwork
Division 32 - Exterior Improvements
Division 33 - Utilities
Division 34 - Transportation
Division 35 - Waterway and Marine Construction
Division 40 - Process Integration
Division 41 - Material Processing and Handling Equipment
Division 42 - Process Heating, Cooling, and Drying Equipment
Division 43 - Process Gas and Liquid Handling, Purification and Storage Equipment
Division 44 - Pollution and Waste Control Equipment
Division 45 - Industry-Specific Manufacturing Equipment
Division 46 - Water and Wastewater Equipment
Division 48 - Electrical Power Generation
Rules of Professional Conduct
(B) Competence
LARE Orientation Guide!!
(B) In designing a project, a registered landscape architect shall take into account all applicable state and
municipal building laws and regulations. While a registered landscape architect may rely on the advice of
other professionals, (e.g., attorneys, engineers and other qualified persons) as to the intent and meaning of
such regulations, once having obtained such advice, a registered landscape architect shall not knowingly
design a project in violation of such laws and regulations.
Rules of Professional Conduct
(C) Competence
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(C) A registered landscape architect shall undertake to perform professional services only when he or
she, together with those whom the registered landscape architect may engage as consultants, is qualified by
education, training and experience in the specific technical areas involved.
Rules of Professional Conduct
(D) Competence
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(D) No individual shall be permitted to engage in the practice of landscape architecture if, in the Board’s
judgment, such individual’s professional competence is substantially impaired by physical or mental
disabilities.
Rules of Professional Conduct
(A) Conflict of Interest
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(A) A registered landscape architect shall not accept compensation for his or her services from more
than one party on a project unless the circumstances are fully disclosed to and agreed to by (such disclosure
and agreement to be in writing) all interested parties.
Rules of Professional Conduct
(B) Conflict of Interest
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(B) If a registered landscape architect has any business association or direct or indirect financial interest
which is substantial enough to influence his or her judgment in connection with his or her performance of professional services, the registered landscape architect shall fully disclose in writing to his or her client or employer the nature of the business association or financial interest, and, if the client of the employer objects to such association or financial interest, the registered landscape architect will either terminate such association or interest or offer to give up the commission or employment.
Rules of Professional Conduct
(C) Conflict of Interest
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(C) A registered landscape architect shall not solicit or accept compensation from material or equipment
suppliers in return for specifying or endorsing their products.
Rules of Professional Conduct
(D) Conflict of Interest
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(D) When acting as the interpreter of building contract documents and the judge of contract
performance, a registered landscape architect shall render decisions impartially, favoring neither party to the
contract.
Rules of Professional Conduct
(A) Full Disclosure
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(A) A registered landscape architect, making public statements on landscape architectural questions,
shall disclose when he or she is being compensated for making such statements
Rules of ProfessionalConduct
(B) Full Disclosure
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(B) A registered landscape architect shall accurately represent to a prospective or existing client or
employer his or her qualifications and the scope of his or her responsibility in connection with work for which
he or she is claiming credit.
Rules of Professional Conduct
(C) Full Disclosure
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(C) If, in the course of his or her work on a project, a registered landscape architect becomes aware of a
decision taken by his or her employer or client, against such registered landscape architect’s advice, which violates applicable state or municipal building laws and regulations and which will, in the registered landscape architect’s judgment, materially and adversely affect the safety to the public of the finished project, the registered landscape architect shall:
- report the decision to the local building inspector or other public official charged with the
enforcement of the applicable state, provincial or municipal building laws and regulations; - refuse to consent to the decision; and
- in circumstances where the registered landscape architect reasonably believes that other such
decisions will be taken, notwithstanding his or her objections, terminate his or her services with respect to the project. In the case of a termination in accordance with this clause (3), the
registered landscape architect shall have no liability to his or her client or employer on account
of such termination.
Rules of ProfessionalConduct
(D) Full Disclosure
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(D) A registered landscape architect shall not deliberately make a materially false statement or
deliberately fail to disclose a material fact requested in connection with his or her application for a
registration or renewal thereof.
Rules of Professional Conduct
(E) Full Disclosure
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(E) A registered landscape architect shall not assist the application for a registration of an individual
known by the registered landscape architect to be unqualified in respect to education, training, experience or
character
Rules of Professional Conduct (F) Full Disclosure
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(F) A registered landscape architect possessing knowledge of a violation of the provisions set forth in
these regulations by another registered landscape architect shall report such knowledge to the Board.
Rules of Professional Compliance with Laws
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(A) A registered landscape architect shall not, while engaging in the practice of landscape architecture,
knowingly violate any state, provincial or federal criminal law.
Rules of Professional Practice
Compliance with Laws
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(B) A registered landscape architect shall neither offer nor make any payment or gift to a government
official (whether elected or appointed) with the intent of influencing the official’s judgment in connection with a prospective or existing project in which the registered landscape architect is interested.
Rules of Professional Practice Compliance with Laws
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(C) A registered landscape architect shall comply with the registration laws and regulations governing his
or her professional practice in any jurisdiction.
Rules of Professional Practice
(A) Professional Conduct
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(A) Each office in a jurisdiction maintained for the preparation of drawings, specifications, reports or
other professional landscape architectural work shall have a registered landscape architect resident and regularly employed in that office having direct supervision of such work.
Rules of Professional Practice
(B) Professional Conduct
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(B) A registered landscape architect shall not sign or seal drawings, specifications, reports or other
professional work for which he or she does not have direct professional knowledge and direct supervisory control; provided, however, that in the case of the portions of such professional work prepared by the registered landscape architect’s consultants, registered in this jurisdiction, the registered landscape architect may sign or seal that portion of the professional work if the registered landscape architect has reviewed such
portion, has coordinated its preparation, and intends to be responsible for its adequacy.
Rules of Professional Practice (C) Professional Conduct
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(C) A registered landscape architect shall neither offer nor make any gifts, other than gifts of nominal
value (including, for example, reasonable entertainment and hospitality), with the intent of influencing the judgment of an existing or prospective client in connection with a project in which the registered landscape architect is interested.
Rules of Professional Practice (D) Professional Conduct
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(D) A registered landscape architect shall not engage in conduct involving fraud or wanton disregard of
the rights of others.
Acceleration Cost
Cost incurred by a contractor when the project is interfered with by the owner in such a way that the contractor must employ more manpower or work more hours. If the contractor contributes to the cause of its own delays, acceleration cost may not be granted.
Acceptance
Act of a person to whom a thing is offered by another and they receive it with the intention of retaining it (e.g. the acceptance of a contract).
Active Interference
Action by a party to a contract that causes the other party of the contract to not complete the work of the project on time or in the manner established by the contract writing.
Actual Damages (Actual Loss)
Damages resulting from a real and substantial loss, as opposed to those which are merely theoretical, estimated, or anticipated.
Addenda
Modifications to the contract documents issued during the bid period which become official parts of the contract documents.
Agent
A person authorized to act for a client who is employed to represent the client in business and legal dealings with third persons. There are 3 parties involved: a principal (client), an agent, and a third party. An agency relationship is established in writing with all 3 parties acknowledging the relationship. The agent cannot be self-serving or profit at the principal’s expense. Examples of agents include attorneys, brokers, auctioneers, and real estate agents.
Agency Agreement
Similar to contracts in that they must contain the same basic elements. The agent is authorized to do only what the principal wants. They can be placed in a position to exercise discretion, and can even enter into contracts that are binding on behalf of the principal. There are no limits on who can be an agent (e.g. an employee can be an agent - construction worker can be granted the authority to purchase tools and materials needed in the performance of work.
Agency Agreements, Exceptions
The agent can be empowered to do anything the principal can lawfully do, however, they can not perform acts that are personal in nature or must be personally performed, acts that are illegal, acts that are immoral, or acts that are opposed to public policy.
Agency Agreements, The Contractors part in
The Contractor should not be an agent in most cases as this would make the Principal liable for their actions, as such contractors should be made (through contract) independent. However, this also means that the Principal (owner) cannot take control away from the contractor and only specify the final result (i.e. can’t interfere with the methods and personnel hiring practices of the contractor). Also of note, the owner’s agents must focus on product quality and not methods when dealing with the contractors.
Agency Agreements, The Principals part in
The principal is liable for all contracts made by the agent while the agent is acting within the scope of the stated authority. A 3rd party who makes an agreement with the agent is held liable to the Principal and not the agent. If an act of the agent is unauthorized the Principal is not bound by it, however, if the Principal ratifies it then it will become binding.
Agency Agreements, Termination of
Agency agreements can be terminated at the expiration of the time period for the agreement, death of the principal or agent, destruction of the subject matter for which the agency was formed, fulfillment of the purpose of the agency, termination by the principal, termination by the agent, mutual consent between principal and agent to terminate, bankruptcy of either party, and a development which makes the subject matter illegal.
Agreement
The subject matter of the contract, the parties to the contract, the nature of the transaction, the time during which it will be performed, the fees to be charged, the manner of billing and the specification and deals where relevant.
Allowance
A sum of money set aside by the owner to remove a particular portion of work from competitive bidding. Typical of government subsidized institutions with work that is proprietary and must not be competitively bid on.
ALTA Survey
A land survey performed by a professionally licensed surveyor and conforms to the standards set by the American Land Title Association (ALTA).
Alternate
A material or method used in place of the base material or method specified for the project with equal cost or value.
Ambiguity
Doubtfulness of meaning of an expression used in a written instrument.
Anticipatory Breach (Anticipatory Repudiation)
When a contractor states that they will not or cannot perform the contract, the owner may terminate the contract immediately or after a waiting period to determine the contractor’s performance according to the contract writing. The owner MUST establish that the contractor’s statement is certain and unequivocal. If they terminate and the statement is found to be ambiguous, the owner will have wrongfully defaulted them.
Antitrust Laws
Federal and State statutes to protect trade and commerce from unlawful restraints and monopolies. Bid Rigging is considered a violation of antitrust laws.
Apparent Agency
An agency relationship created by an act of the parties.
Arbitration
Avenue of resolving conflicts that arise in practice with disputes being settled by an impartial board of experts or a disinterested 3rd party. Typically the parties must agree that by submitting to arbitration, they will accept the decision of the arbitrator and they waive their rights to report to a court of law if the arbitration decision is unfavorable.
Arbitration, Submission of
When a dispute arises in a contract containing an arbitration agreement, both parties must submit a written and signed dispute which should contain a definition of the scope or arbitration, definition of the award period, and a definition of the rules of procedure to be followed.
Arbitration Agreement
This may be included in the contract, written as a supplement to the contract to cover all future disputes, or to address a specific controversy. The agreement should always be written and signed by both parties.
Arbitrator
Person or group of experts who have no stake in the matter who listen to all parties equally and make a decision outside of a court of law.
Architect’s Supplemental Instruction Form
This form can be used to correct errors or inconsistencies in a contract between the owner/client and the contractor after said contract has been signed. It can also be used to make minor alterations to other aspects of the contract and to make minor changes to the scope of work described in the contract provided that these changes do not alter the contract’s cost or project timeline.
Assignment
A legal action which allows a person who is not party to a contract to obtain the contract rights of a party who is. E.g. the LA can assign portions of the design of the project to it’s consulting engineers.
Attachment
Attachment
Betterment
An improvement brought upon a property which enhances its value more than just repairing. It may be temporary or permanent. This also applies to public improvement such as widening of a street.
Bid
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
Bid, Public Works Project (Advertisements for)
This process is governed by law and must be followed a specific way (depending on municipality rules). Generally it follows the following procedure: 1. Notice must be given to interested and qualified members of the construction community in advance of the bidding. This notice must be placed in a publicly accessible place (newspaper, magazine, government website, trade publication, etc.) This is typically called the “Notice to Bidders” and contains the following: Type of project, Location, Type of Contract, Bonding requirements, Dates to perform work, Terms of payment, Estimated construction cost (some may exclude this), time/manner/place to submit bids, location to obtain bid documents, deposit required on bid docs, Owner’s right to reject any and all bids, req’s regarding wage rates. 2. The Invitation for bids must be posted in public places and distributed to the local construction community. 3. All bidders must be treated alike and be afforded an opportunity to bid under the same terms and conditions. 4. Prequalification may be required.
Bid, Prequalification
Prequalifying contractors allows for a select list of bidders (or short list) be available for various projects. It averts construction problems by limiting bidding to contractors who have the experience and financial stability to complete the project. It is more desirable to eliminate a contractor before bidding rather than show that a contractor is not qualified after that firm has submitted the low bid.
Bid, Regular
While not always the same, typically anything that would lead to bid rejection constitutes a “regular bid”. So bids without a bid security, bids that fail to acknowledge addendum, late bids, not dated or missing minor info, etc.
Acceleration Cost
Cost incurred by a contractor when the project is interfered with by the owner in such a way that the contractor must employ more manpower or work more hours. If the contractor contributes to the cause of its own delays, acceleration cost may not be granted.
Acceptance
Act of a person to whom a thing is offered by another and they receive it with the intention of retaining it (e.g. the acceptance of a contract).
Active Interference
Action by a party to a contract that causes the other party of the contract to not complete the work of the project on time or in the manner established by the contract writing.
Actual Damages (Actual Loss)
Damages resulting from a real and substantial loss, as opposed to those which are merely theoretical, estimated, or anticipated.
Addenda
Modifications to the contract documents issued during the bid period which become official parts of the contract documents.
Agent
A person authorized to act for a client who is employed to represent the client in business and legal dealings with third persons. There are 3 parties involved: a principal (client), an agent, and a third party. An agency relationship is established in writing with all 3 parties acknowledging the relationship. The agent cannot be self-serving or profit at the principal’s expense. Examples of agents include attorneys, brokers, auctioneers, and real estate agents.
Agency Agreement
Similar to contracts in that they must contain the same basic elements. The agent is authorized to do only what the principal wants. They can be placed in a position to exercise discretion, and can even enter into contracts that are binding on behalf of the principal. There are no limits on who can be an agent (e.g. an employee can be an agent - construction worker can be granted the authority to purchase tools and materials needed in the performance of work.
Agency Agreements, Exceptions
The agent can be empowered to do anything the principal can lawfully do, however, they can not perform acts that are personal in nature or must be personally performed, acts that are illegal, acts that are immoral, or acts that are opposed to public policy.
Agency Agreements, The Contractors part in
The Contractor should not be an agent in most cases as this would make the Principal liable for their actions, as such contractors should be made (through contract) independent. However, this also means that the Principal (owner) cannot take control away from the contractor and only specify the final result (i.e. can’t interfere with the methods and personnel hiring practices of the contractor). Also of note, the owner’s agents must focus on product quality and not methods when dealing with the contractors.
Agency Agreements, The Principals part in
The principal is liable for all contracts made by the agent while the agent is acting within the scope of the stated authority. A 3rd party who makes an agreement with the agent is held liable to the Principal and not the agent. If an act of the agent is unauthorized the Principal is not bound by it, however, if the Principal ratifies it then it will become binding.
Agency Agreements, Termination of
Agency agreements can be terminated at the expiration of the time period for the agreement, death of the principal or agent, destruction of the subject matter for which the agency was formed, fulfillment of the purpose of the agency, termination by the principal, termination by the agent, mutual consent between principal and agent to terminate, bankruptcy of either party, and a development which makes the subject matter illegal.
Agreement
The subject matter of the contract, the parties to the contract, the nature of the transaction, the time during which it will be performed, the fees to be charged, the manner of billing and the specification and deals where relevant.
Allowance
A sum of money set aside by the owner to remove a particular portion of work from competitive bidding. Typical of government subsidized institutions with work that is proprietary and must not be competitively bid on.
ALTA Survey
A land survey performed by a professionally licensed surveyor and conforms to the standards set by the American Land Title Association (ALTA).
Alternate
A material or method used in place of the base material or method specified for the project with equal cost or value.
Ambiguity
Doubtfulness of meaning of an expression used in a written instrument.
Anticipatory Breach (Anticipatory Repudiation)
When a contractor states that they will not or cannot perform the contract, the owner may terminate the contract immediately or after a waiting period to determine the contractor’s performance according to the contract writing. The owner MUST establish that the contractor’s statement is certain and unequivocal. If they terminate and the statement is found to be ambiguous, the owner will have wrongfully defaulted them.
Antitrust Laws
Federal and State statutes to protect trade and commerce from unlawful restraints and monopolies. Bid Rigging is considered a violation of antitrust laws.
Apparent Agency
An agency relationship created by an act of the parties.
Arbitration
Avenue of resolving conflicts that arise in practice with disputes being settled by an impartial board of experts or a disinterested 3rd party. Typically the parties must agree that by submitting to arbitration, they will accept the decision of the arbitrator and they waive their rights to report to a court of law if the arbitration decision is unfavorable.
Arbitration, Submission of
When a dispute arises in a contract containing an arbitration agreement, both parties must submit a written and signed dispute which should contain a definition of the scope or arbitration, definition of the award period, and a definition of the rules of procedure to be followed.
Arbitration Agreement
This may be included in the contract, written as a supplement to the contract to cover all future disputes, or to address a specific controversy. The agreement should always be written and signed by both parties.
Arbitrator
Person or group of experts who have no stake in the matter who listen to all parties equally and make a decision outside of a court of law.
Architect’s Supplemental Instruction Form
This form can be used to correct errors or inconsistencies in a contract between the owner/client and the contractor after said contract has been signed. It can also be used to make minor alterations to other aspects of the contract and to make minor changes to the scope of work described in the contract provided that these changes do not alter the contract’s cost or project timeline.
Assignment
A legal action which allows a person who is not party to a contract to obtain the contract rights of a party who is. E.g. the LA can assign portions of the design of the project to it’s consulting engineers.
Attachment
A legal process by which a court of law designates a specific property owned by the debtor to be transferred to the creditor or sold for the benefit of the creditor.
Betterment
An improvement brought upon a property which enhances its value more than just repairing. It may be temporary or permanent. This also applies to public improvement such as widening of a street.
Bid
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
Bid, Public Works Project (Advertisements for)
This process is governed by law and must be followed a specific way (depending on municipality rules). Generally it follows the following procedure: 1. Notice must be given to interested and qualified members of the construction community in advance of the bidding. This notice must be placed in a publicly accessible place (newspaper, magazine, government website, trade publication, etc.) This is typically called the “Notice to Bidders” and contains the following: Type of project, Location, Type of Contract, Bonding requirements, Dates to perform work, Terms of payment, Estimated construction cost (some may exclude this), time/manner/place to submit bids, location to obtain bid documents, deposit required on bid docs, Owner’s right to reject any and all bids, req’s regarding wage rates. 2. The Invitation for bids must be posted in public places and distributed to the local construction community. 3. All bidders must be treated alike and be afforded an opportunity to bid under the same terms and conditions. 4. Prequalification may be required.
Bid, Prequalification
Prequalifying contractors allows for a select list of bidders (or short list) be available for various projects. It averts construction problems by limiting bidding to contractors who have the experience and financial stability to complete the project. It is more desirable to eliminate a contractor before bidding rather than show that a contractor is not qualified after that firm has submitted the low bid.
Bid, Regular
While not always the same, typically anything that would lead to bid rejection constitutes a “regular bid”. So bids without a bid security, bids that fail to acknowledge addendum, late bids, not dated or missing minor info, etc.
Bidding, Accuracy of
The owner is typically responsible for any errors in the bid documents, however, statements are often included which place direct responsibility for the info on the contractor.
Bidding, The Award of
While contract award is given to the lowest bidder, there are stipulations that make this not all about the final $ amount. A phrase like “lowest responsible bidder submitting a regular bid” might be used.
Bidding, The Award Phase
Proceeds in this manor generally: 1. Bids are opened; 2. Owner evaluates the bids; 3. Notice of Award is issued; 4. Contractor acquires the required bonds and insurance; 5. Owner conducts pre-construction conference; 6. Owner awards the construction contract; 7. Notice to proceed is issued/Contractor signs the contract; 8. First day of construction is counted… and construction begins
Bidding (The Bid Form)
The form to be used by all bidders to submit their bids. It typically includes: Price (lump sum or unit price), Time of completion (if not given by owner), Bid Surety, Agreement to provide contract surety, acknowledgment of having reviewed addenda (list # of addenda reviewed), list of subs used in the bid, experience record/financial statement, plant & equipment inventory, Declaration regarding fraud and collusion, statement regarding site examination, signature.
Bidding (Notice to Proceed)
Issued by the owner and stating the contract start date. Note that the contract may not be signed by the contractor when the notice to proceed is issued, or to have the contract “clock” started without the contract docs having been fully executed. Generally the notice to proceed obligates the owner to the contract, so signed or not it is official once notice is provided to the contractor.
Bidding, Process of
After the design phase: 1. Advertisement for bidders; 2. Contractors acquire bid docs; 3. Contractor conducts quantity takeoff; 4. Addenda issued; 5. Contractor determines prices for all quantities (gets additional info from subs); 6. Contractor finalizes bid; 7. Contractor submits bid; 8. Bids are opened
Bidders, Instructions to
The rules by which the project will be bid include: 1. Instructions relative to the procedure for writing and submitting the bid (forms, items to be priced, alternatives only allowed where called for, etc.); 2. Contractor may be required to submit an experience record (used for post qualification); 3. Listing of all documents that are in the bid docs (dwg’s, specs, alternates, instructions, etc.); 4. The construction time period; 5. Indication of who is responsible for subsoil data, test borings, errors in the plans, etc. and if a site visit is required; 6. The req’s of the bid guarantee; 7. The insurance to be provided; 8. Bonding req’s; 9. Conditions for handling bid irregularities; 10. Where and when to deliver the bids; 11. Closed or public opening of the bids stated; 12. Prebid conference may be described.
Bidders, Responsible
This issue involves post qualification and allows the owner to look at more than just the $ amount submitted. It allows them to review the contractors work history, if they are over extended on other projects, underfinanced, or simply inexperienced. The endorsement of a contractor by a surety is often deemed sufficient to satisfy this criteria.
Bidders, Responsive
One who has submitted a bid under a competitive sealed bid which conformed in all respects to the invitation for bids so that all bidders may stand on equal footing. One is responsive if one replies to the specific questions set forth.
Bid (Design-Bid-Build Process)
Design completed before Bid, Bid completed before build. Advantages of this process include: 1. Owner benefits from competitive marketplace; 2. owner has the appearance of being impartial; 3. process fully embraces free market system; 4. may be the only viable method available for some gov. agencies. Disadvantages include: 1. Accurate costs cannot be known until the design is completed; 2. bids that exceed the owner’s budget cannot be constructed without jeopardizing the project; 3. various parties tend to be adversarial under this process; 4. Errors or Omissions in the design may lead to costly change orders.
Bid Depository
A local for subcontractors to submit their bids for a particular project.
Bid Rejection
The act of not allowing a bid to be included because of an impropriety in the process of submission or as a result of the owner’s arbitrary decision to reject the bid (which they reserve the right to do in a typical contract). However, in rejecting a bid, they run the risk of interfering with the bidder’s right to do work or of defamation of character.
Bid Rigging
Scheme in which businesses collude so that a competing business can secure a contact for good or services at a pre-determined price.
Board of Contract Appeals
An independent administration to decide all public (not private) contract disputes used to help relieve the courts from the backlog of cases related to public contracts.
Boiler Plate
A term used to represent standard legal conditions inserted at the ‘front end’ of a construction contract and are usually titles “General Conditions”, “Supplemental Conditions”, and/or “Special Conditions”. The benefits include the fact that many or all parties will likely already be familiar with the language used, because it is less expansive than having such language be drafted by an attorney and because this language has been properly vetted through the court system (i.e. all parties understand the legal ramifications of the language contained).
Bond
A legal instrument through which one party guarantees the capabilities of another party. It describes a legal relationship that is termed a ‘suretyship’.
Bond vs. Insurance, difference between
An insurance policy is a 2 party instrument between the insurance company and the insured that protects the insured against a specified type of loss. In a surety agreement, the contractor is not providing the guarantee for him/herself, but for the owner (a 3rd party).; Insurance premiums are based on actuarial rates while Surety premiums are structured on a set fee (they assume that no losses will occur).; By assuming no losses, the Surety is more like a bank than an insurance company in that if the principal defaults, the surety can go after them to recoup the money. As such they can also go after anyone that caused the default (i.e. subs, owners, suppliers, etc.); Insurance covers specific losses, while a surety bond is for losses of any kind under the type of bond provided; Insurance transfers risk while a surety agreement does not; The underwriter of an insurance policy often has the ability to cancel the policy during the policy period, however, a bond can not be cancelled once issued… even if the premium has not been paid.
Bond, Bid
Guarantees that a bid has been made in good faith and that the bidder will enter the contract if the bid is accepted. If the contractor chooses to withdraw from a project after being awarded a contract, the most typical outcome is forfeiture of money in the amount of the difference between their bid and that of the next lowest bidder, up to the face value of the bid bond. In some instances, the contractor may have to forfeit the face value of the bid bond outright. Generally 5% of the contract amount, but could range from 5%-20%.
Bond, Maintenance
This guarantees that the contractor will rectify defects in workmanship or materials for a specified time after project completion (i.e. a Warranty). A 1-year maintenance bond is normally included in the performance bond without any additional charge.
Bond, Payment
Guarantees that all bills and obligations incurred by the contractor will be paid ($ to subs and material suppliers). In private projects this prevents liens, in public projects this prevents stop notices from being filed.
Bond, Performance
Guarantees that the contract will be performed in accordance with the terms. It is valid for the life of the contract. This protection period extends through to final acceptance by the owner, and generally extends through the one-year warranty period. If the contractor defaults on the project, the Surety can (at its digression) take over the management of the project. They can provide financial support to the contractor to help them finish the job or take more direct involvement in project completion. To recoup the money paid if a default occurs, the Surety may use any defense that would have ben valid for the contractor (e.g. the owner not making payment, owner interference, unforeseen subsurface conditions, etc.)
Bonding Capacity (Bonding Limits for a Contractor)
This is the maximum value of work a contractor can take on. It is based on the “3 c’s” of underwriting : Character, Capacity, and Capital. This dictates the size of a project the contractor can take on. If the project would cause the contractor to exceed its bonding capacity then the project is not worth taking on.
Brokerage
The general contractor subcontracts all work on a project. This is generally not beneficial to the owner since the GC’s bid includes profit for both the sub’s work and the GC’s work. Typically contracts should state a minimum of work expected of the GC (25%, 50%, etc.)
Builder
Synonymous with ‘Contractor’, or a person whose occupation is the construction of structures, the controlling and direction of construction, or the remodeling of building and other structures.
Building Code
Regulations that govern the manner of construction, height and material specified in a project. These codes are intended to provide a minimum standard that protect the public health and safety
Building Codes, Form Standard Codes
Codes that specify a result, and are the common type that dictate the manner of construction materials, etc.
Building Codes, Performance Standards
Codes that specify the manner in which a design must work.
Capacity
The ability of a person or an organization to do something, necessary for parties entering into a contract.
Case Law
Law established by following judicial decisions given in earlier cases.
Caveat
A caution or a warning to an individual or entity to use care before proceeding.
Certificate
A written and signed document establishing that a fact is true.
Certificate of Occupancy
Document issued by the building inspector certifying that the project conforms to all relevant code section and is safe for use.
Certificate of Payment
Document issued by the LA in which they certify that the contractor has adequately performed. This is given to the owner for payment to the contractor.
Certificate of Substantial Completion
Document issued by the LA when the project, or a portion thereof, is complete to the degree that the owner can use it.
Change, Cardinal
A change that is not within the scope of services defined in the contract. It is usually contingent on 2 factors: 1) a cardinal change is assumed if the essential identity of the project is altered; 2) the method or manner of the anticipated performance is so drastically changed that essentially a new agreement is made.
Change Clauses
Items in contracts that refer to how changes will be handled usually include elements like: The owner has the right to make changes within the general scope of the contract; The contractor is obligated to perform the work necessitated by the change; The change must be in written form and must be signed; An adjustment to the contact price and/or contract duration will be assessed by some means, or can be predetermined.
Change Order
Document issued directing the contractor to erect some portion of the project in a manner different than described in the original plans and spec’s. This change MUST have an effect on the price and/or time of the contract, otherwise is considered a field order or minor change.
Charrette
A meeting/workshop devoted to solve a problem or plan the design of something. This could take place over several days.
Chart, Bar (a.k.a. Gantt Chart)
Consists of a list of tasks along the left side of a page. Horizontal bars along the right side indicate the scheduled start and finish dates for each task. Drawbacks include that they do not show the interrelationship among tasks nor do they indicate which activities are most crucial for completing the entire project on schedule.
Chart, Critical Path Method (CPM)
A highly mathematical system in which task interrelationships are defined and task schedules analyzed. It is frequently used by contractors to schedule construction sequences and projects. It shows which parts must be started first (critical activities), which parts can’t be started till others are done, and which can be done in parallel (noncritical activities).
Chart, Milestone
A simple scheduling method that consists of identifying the target completion date for each activity, and may include the name of the person responsible for the task and later can have the actual completion dates. Drawbacks include that is only shows completion dates which may result in uncertainty about when activities should begin to be completed on time.
Civil vs. Criminal suits
Civil suits relate to disputes concerning contract matters and torts while Criminal suits relate to violations of the law.
Claim
An written action initiated by one of the parties of a contract against the other party.
Collusion
An agreement between 2 or more persons to defraud another
Competitive Bidding
A process whereby sealed proposal are submitted to the owner for consideration. This is mandatory on public works projects. A private owner may use competitive bidding but is not legally bound by the process.
Completion Phase (End of Project)
Once major construction work items are completed, the Punch List is prepared and the project is considered to be substantially complete (i.e. the owner may begin to occupy the premises and warranty’s begin). Next Punch list items are addressed, Final inspection is conducted, Final completion is defined and the Project is accepted. Only then can the Release of retainage be requested and final payment made to the contractor.
Consideration
An agreement that one party will provide compensation for another parties performance (an essential element for the formation of a contract).
Constitution
Written document agreed upon by the people of the US or of a particular state as the absolute rule of action.
Construction Management
A process of professional management applied to a construction program from conception to completion for the purpose of controlling time, cost and quality.
Construction Specification Institute Format (CSI)
ASLA’s adopted construction specification format. It provides for a system for organizing the specs. CSI has also developed a Uniform System that provides a data filing system and a cost accounting system that is based on the CSI format. There are 16 divisions of the CSI Uniform System 1. General Requirements 2. Site Work 3. Concrete 4. Masonry 5. Metals 6. Wood & Plastics 7. Thermal & Moisture Protection 8. Doors & Windows 9. Finishes 10. Specialties 11. Equipment 12. Furnishings 13. Special Construction 14. Conveying Systems 15. Mechanical 16. Electrical
Constructive
Possession or knowledge of something which gives ownership to the object or deed. Examples: A person possesses a key to a safe-deposit box which gives them power and control of the contents; a burglar gains constructive breaking into a house when they gain admittance through threat, fraud or conspiracy; Constructive fraud is a contract or act though not intended to be evil in design but as it is misleading or deceiving it is prohibited by law.
Consultancy (Consultant)
An individual or group of individuals may advise design professionals or land owners in a more specialized form of LA service (e.g. urban design, environmental impact, research, etc.)
Contingent Liability
A contingent liability is a liability or a potential loss that may occur in the future depending on the outcome of a specific event.
Continuous Treatment
An uninterrupted, unbroken series of activities or events. E.g. the statute of limitation starts at completion of the project, however, the contractor is required to repair defects in the work and renders continuous treatment to the work, thus can extend the start of the statute of limitation period.
Contract
An agreement enforceable by law which is binding upon only those individual who are party to it (can be oral or implied). It is always best to be in writing stating scope of services, consideration that will be given for performance and the time in which performance is to take place. Though contract law varies from state to state, they generally fall under the law of the place where the contract was made or where it was enforced.
Contract (Adversarial Relationship)
Typically contracts have an adversarial relationship between the 2 parties (i.e. your risk vs. my risk).
Contract, Assignment
Assignment = to transfer; Refers to the transfer of rights or obligations to another party unless expressly prohibited by the terms of the agreement. E.g. the performance of personal services or personal skills of one of the parties are part of the consideration. A general rule is that the 2nd party to the contract cannot be placed in a worse position that would have been the case if the assignment has not been made.
Contract, Breach of
An action arising due to a failure on the part of one or more parties of the contract to perform to the terms of the contract
Contract, Consideration
Consideration is something of value and the primary reason or main cause for a person to enter a contract. It is NOT regarded as consideration unless it is accepted by BOTH parties. This can be in the form of an object, money, or even an act (early completion of a project at the expense of acceleration).
Contract, Competent Parties
Competent parties are those persons legally and mentally capable of entering into agreements that are enforceable by law. Some persons, such as minors, persons under the influence of alcohol and other drugs, and mentally ill persons not declared insane, have only a limited capacity to contract.
Contract, Estoppel or Promissory Estoppel
Estoppel = prevented; A legal principle that a promise is binding in spite of the fact that no formal agreement was made between parties. i.e. a contract may be created by what a party does or says without a written document, and that party is then “estopped” from denying that a contract exists.
Contract, Executed or Executory
A contract that has been “executed” has been fully completed. All work performed and all payments made. A contract that is executory has some portion that remains to be done (e.g. work is done but owner has not submitted final payment). Note: that this is different from the phrase “execute a contract” which simply means that it has been signed by both parties.
Contract, Intent
A vague concept, but it is the presumption of what one party wanted to have done when entering the contract. E.g. a house is moved from one location to another and the contract says ‘the house is to appear new and like it did in it’s original location’, however, another portion of the contract specifically states ‘exterior to be painted and interior to receive touchup paint where needed’. This exact painting specification would be contrary to the “intent” of making the house ‘appear new’.
Contract, Lawful Subject Matter
The Subject must be definite and clearly defined, conform to the common law, cannot be contrary to public policy (any act that tends to promote breach of the law), and state or federal statues
Contract, Lump Sum (also Fixed-Price)
A contract where the project will be completed for a fixed price and no more. The primary benefit is that all parties have agreed to a predetermined budget for a defined scope of services. While the total budget for a project can be altered by mechanisms such as change orders, the lump sum contract reduces the potential for significant cost overruns. According, and unlike unit price contracts, fixed-price contracts do not require precise measurements of in-place quantities to determine payment. Payments on a Lump Sum contract is based on a cost breakdown for the work performed during the period of payment (e.g. 1 month) and verified by the owner or Architect for reasonableness.
Contract, Meeting of the Minds
The parties of a contract agree on the basic meaning and legal implications of the contract on a basis of fact. Errors of fact (which can nullify a contract) can be unintentional, a misrepresentation, fraud, or by one party causing duress to the other (forcing consent to an agreement).
Contract, Offer and Acceptance
Evidence that an offer was made and that acceptance was definite, unqualified and unconditional (signed contract by both parties, or even the payment of a retainer noted in the contract is an act of qualifying acceptance)
Contract, Complacent w/ Provisions of Law
Certain types of contract must be in written form (may not be oral contracts) include the sale of land, lease or rental of land by more than one year’s duration, and any contract which will not be performed within one year from the date of the contract.
Contracts, Cost Plus
The contractor is reimbursed for most of the direct expenditures associated with a particular project PLUS an allowance for overhead and profit (usually a percentage). This can also have a guaranteed maximum so that the owner has a ‘not-to-exceed’ price on the total project (something that is difficult to do on this type of contract). This type of contract doesn’t lend itself to competitive bidding and is almost exclusively used in the private sector. Also this type of contract doesn’t place the owner and contractor in adversarial relationship (like most other contracts), however, the contractor must be trustworthy. Payments on a Cost-Plus contract is based on actual expenditures made on a project during the payment period (e.g. 1 month).
Contracts, Job Order
This type of contract is more for long term work, routine and/or unscheduled maintenance and repairs. The contractor will be ‘on call’ for any task to be done. The various types of work to be done will have a set price already determined, so there isn’t any need to negotiate every time a task comes up.
