Glossary of Professional Practice Terms Flashcards
abandonment (of contract)
nonperformance, intent not to perform, obligations assumed under contract
abatement (of nuisance)
removal/reduction of nuisance
accident
happening unexpectedly and without fault
act of god
accident which could not have been caused by human agency but by physical causes alone
actionable
that from which an action will lie, furnishing legal grounds for an action
addenda
statements or drawings issued subsequent to other bidding documents, modifying the latter, issued prior to bid opening
agency
one person representing or acting on behalf of another. formal agency is created by power of attorney in which case the agent is known as “attorney in fact”
agreement
mutual understanding and consent
aid and abet
to help, assist or facilitate in the commission of a crime
apprutenances
an article adapted to the use of the property to which it is connected, which was intended to be a permanent accession(attainment) of the freehold(permanent and absolute tenure of land or property with freedom to dispose of it at will). OR an accessory or other item associated with a particular activity or style of living??
arbitration
procedure where contracting parties bay submit a dispute to an impartial board of experts for decision as and alternative to a suit in a court of law
Artificial person
persons created by human laws i.e. corporation
“as built” drawings
revision which updates drawings to indicate changes in location of physical elements
assignment
transfer of rights or obligations from one contracting party to a third person
assignment (of contract)
transfer one’s obligation for services, or the transfer of one’s anticipated consideration in return for services rendered.
“active nuisance” doctrine
anyone maintaining on their premises a condition which is dangerous to young children and attracts them to danger, owes a duty to protect them against dangers of attraction
bankruptcy
bankrupt law to have his estate administered for the benefit of the credits and divided among them.
bid bond
a surety bond guaranteeing that the bidder will execute the contract if it is offered.
bid proposal
the proposal submitted by the bidder revealing the consideration he demands for performing the work
bid security
a security posted by the bidder to guarantee that he will execute the contract if it is offered. usually a cashier’s check, certified check, or bid bond
breach (of contract)
failure without legal excuse to perform the contract.
common law
basis for jurisprudence. traditional usage and custom representing what is right or wrong in human relationships
“caveat emptor” doctrine
“let the buyer beware”
change order
in construction a work order approved by the owner and contractor authorizing a change in scope of the works
chattel
an article of personal property
competency
rule establishing who may enter into a contract. anyone acting in good faith may enter into a binding contract except minors, insane or drunken persons.
completion
the substantial performance of what one has agreed to do; a state in which no essential element is lacking
consideration (in contracts)
the cause, motive, price, or impelling influence which induces a contracting party to enter into a contract
contract
an agreement enforceable at law
contractor
a person, other than a martial man or employee who enter into a contract with the owner of real property for making repairs or improvements. prime, principal, original, general contractor-directly with the owner. subcontractor-contract with prime contractor. sub-subcontractor-contract with subcontractor for lesser segment of work
corporation
an artificial person or legal entity, created under the laws of a state or country
damages
compensation or indemnity which may be recovered by any person who has suffered loss, detriment or injury though the unlawful act, omission or negligence of another
diligence
prudence, vigilant activity, attentiveness, or care of which there are infinite shades
due process
in law, following correct action
easement
right of one person to use the land of another
eminent domain
power to take private property for public use
equity
remedy for which no provision is made in common law (applies to specific performance of a contract) quality of being fair
fee simple estate
broadest and most inclusive ownership. absolute inheritance in land without limitation
force account
work ordered to be done without prior understanding of either the lump sum or unit price cost thereof. Force account is the payment method used for extra work if the contractor and the owner cannot agree on a unit price or lump sum amount, or if those methods are impracticable. Force account payments cover labor, materials, and equipment.
fraud
statute which requires certain contracts to be in writing before they can be enforced at law
injury
any wrong done to another person, rights, reputation, or property
joint tenancy
joint ownership of property in which the right of survivorship rests with the surviving owner, instead of descending to the heirs of the deceased
joint venture
undertaking by two ore more individuals or firms following lawful procedures to operate jointly for a specified time or projects
labor and materials bond
bond guaranteeing to the owner that labor and material cost will be met, if not, by the contractor then by the surety to the maximum extent of the bond sum
“last chance” doctrine
a party who has the last clear chance to avoid damage or injury to another is liable, if he has a duty to protect. a negligent plaintiff can nonetheless recover if he is able to show that the defendant had the last opportunity to avoid the accident
letter of intent
letter used when the proper contract document cannot be executed immediately that notifies the receiver of the intent to contract and authorizes him to make preparations promising compensation for loss should the contract not be forthcoming. In a perfect world employers and contractors, and contractors and subcontractors, would finalise all aspects of their deal and record it in a written, signed contract before any work was performed or expenditure incurred. In reality, however, the parties are often under commercial pressure to commence works or preparatory works as soon as possible and turn to a ‘letter of intent’ while they continue to negotiate the full contract. In some cases, no formal contract will ever be concluded. describe a letter from an employer to a contractor (or from a main contractor to a subcontractor) indicating the employer’s intention to enter into a formal written contract for works described in the letter, and asking the contractor to begin those works before the formal contract is executed.
liability
legally binding obligation to make good a loss
liquidated damages
a fixed sum, agreed upon in advance, as the proper compensation to be paid to the injured party in the event of a breach.
lowest responsible bidder
lowest bid. bid incomplete and everything included.
malfeasance
misconduct especially in public affairs
malpractice
any professional misconduct, unreasonable lack of skill or fidelity in professional or fiduciary duties, illegal or immoral conduct
mechanics’ lien
a claim created by law for the purpose of securing priority of payment of the price or value of work done or materials furnished in the improvement of real property
misfeasance
performing a lawful act in an unlawful manner
negligence
failure to do something with a reasonable man would do or doing something a reasonable man would not do. Actionable negligence- breach or nonperformance of a legal duty, through neglect or carelessness, resulting in damage or injury to another. contributionary negligence- negligence on part of the complaint party which concurring with the defendant’s negligence was a proximate cause of his injury. gross negligence- intentional failure to perform a manifest duty in reckless disregard of the consequences as affecting the life or property of another.
novation
the substitution of a new obligation for an existing one, or the substitution of a new principal retaining the same obligation.
nonfeasance
failure to perform the required duty
offer
statement of terms under which a party will enter into a contract
party wall
a wall built partly on the land of one party and partly on the land of another
payment bond
to guarantee payment of labor and materials by a surety
performance
specific-obligations carried out to the letter, substantial-obligations substantially carried out, not essential element being absent
performance bond
bond issued by a surety to guarantee to the owner that the contract will perform according to the contract documents
power of attorney
formal agreement under which one person may act as another’s agent
principal
source of authority or right. the general contractor, the owner, the LA normally are the principals in Landscape projects.
progress payment
payment in segments according to prearrangement
proposal form
the form issued to the potential bidder as the vehicle for the submission of his bid
proximate clause
the last negligent act contributory to an injury without which such injury would not have occurred.
Recision
annulment, cancellation
“respondeat superior” doctrine
the master is liable, in certain cases, for the wrongful acts of his servants, and a principal for those of his agent.
retainer
a sum to assure the services of a professional when so required
specifications
particular and detailed statements of the element involved in construction contracts.
“spite” fence
a fence of no beneficial use to the person erecting and minting it on his land and maintained solely for the purpose of annoying the owner/occupant of adjoining land by obstructing his air light or view
statute of limitations
a statue prescribing limitations to the right of action on certain described causes of action that is declaring that no suit shall be maintained on such causes of action unless brought within a specified period after the right accrued (law which forbids prosecutors from charging someone with a crime that was committed more than a specified number of years ago)
stop notice
notice to the disbursing officer to stop payment to the general contractor until an alleged failure to pay has been corrected or clarified.
superintendency
supervision by the contractor or by his representative at the job site
supervision
guidance of the construction project by the owner or representative
surety
a person or organization who for consideration, promises in writing to make good the debt or default of another
surety bond
the bond issued by the surety company
“time is of the essence to the contract”
performance by one party within the time period specified in the contract is essential to enable him to require performance by the other party. (indicates that the parties to the agreement must perform by the time to which the parties have agreed if a delay will cause material harm.)
tort
a private or civil wrong or injury which violates the private personal rights of an individual, inflicting injury, or damage to that person or his/her property
unit price
amounts stated by the contractor in his proposal as prices per unit of measurement. includes contractors unit cost plus profit.
utmost care and skill
the highest free of care and skill known which may be used under the same or similar circumstances
workmanlike manner
work done in a manner generally considered skillful by those competent to judge such work.
profession liability insurance
errors and omission insurance - malpractice insurance- performance of professional services
contractual liability insurance
hold-harmless insurance - liability arising out of commitments to “hold harmless” another person from liability in risk areas not other wise covered by insurance
contingent liability insurance
joint liability insurance - liability arising from negligent acts of subcontractors or subordinate professionals working under “end result” agreements
public liability and property damage insurance
protect from negligent acts resulting in injury to third parties. personal body or property
automotive public liability and property damage insurance
protect from negligent acts of the insurers and his employees that result in injury to persons or property involving vehicles.
workman’s compensation insurance
liability from physical or mental injury suffered by employee. failure to protect is automatic presumption of negligence on employer’s part.
