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LARE SECTION 1 2021 > LARE SECTION 1 EXAM 2021 > Flashcards

LARE SECTION 1 EXAM 2021 Flashcards

1
Q

Cost incurred by a contractor when the project is interfered with by the owner.
More man power for more hours to complete project on time.

A

Acceleration Cost

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2
Q

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.

A

Active Interference

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3
Q

Damages resulting from real and substantial loss, as

opposed to those which are merely theoretical, estimated, or anticipated.

A

Actual Damages

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4
Q

Modifications to the contract documents issued during the bid period. Become official parts of the contract documents and are legally binding.

A

Addenda

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5
Q

A person authorised by another to act for him or her; one who is employed to represent another in business and legal dealings with third persons. In a typical agency relationship, three parties are involved: a principal, an agent, and a third party.

A

Agent

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6
Q

A sum of money set aside by the owner to remove a particular portion of work from competitive bidding.

A

Allowance

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7
Q

A material or method used in place of the base material or method specified for the project. In a typical construction contract, the owner chooses the alternate or remains with the base requirement, giving it control over the total cost of the project.

A

Alternate

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8
Q

Doubtfulness; doubtfulness of meaning, duplicity, indistinctness, or uncertainty of
meaning of an expression used in a written instrument.

A

Ambiguity

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9
Q

Established when a contractor
makes a positive and unequivocal statement that it will not or cannot substantially perform the
contract or when a contractor, by any voluntary affirmative act, renders substantial performance
of its contract apparently impossible. Owner may only terminate if the statement made is clear.

A

Anticipatory Breach

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10
Q

Federal and state statutes to protect trade and commerce from unlawful restraints and monopolies. In the construction industry, bid rigging is considered a violation of antitrust laws. Those found guilty of bid rigging are assessed treble damages.

A

Anti Trust Laws

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11
Q

An agency relationship created by an act of the parties and deduced from proof of other facts.

A

Apparent Agency

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12
Q

The submission of a dispute to a third party (individual or panel), known as arbitrator(s), whose judgment is final and binding. Decisions at arbitration hearings, unlike those in judicial cases, do not establish precedents.

A

Arbitration

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13
Q

One who resolves disputes between two parties. In a typical construction contract, the Landscape Architect is designated as an arbitrator in resolving the disputes
between the owner and the contractor.

A

Arbitrator

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14
Q

A legal action which allows a person who is not party to a contract to obtain the contract rights of a party who is. A contractor, for example, may assign the rights contained
in its contract with the owner to a subcontractor. In a similar manner, the Landscape Architect can assign portions of the design of the project to its consulting engineers, primarily in the areas of structural, mechanical, and electrical design.

A

Assignment

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15
Q

The act or process of taking, apprehending, or seizing person or property by virtue of a writ, summons, or other judicial order and bringing the same into the custody of the law; a remedy ancillary to an action by which the plaintiff is enabled to acquire a lien upon the property or effects of the defendant for satisfaction of judgment which the plaintiff may have
obtained.

A

Attachment

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16
Q

An improvement brought upon an estate (land and/or buildings) which enhances its value more than mere repairs. The improvement may either be temporary or
permanent. This term also applies to denote the additional value which an estate acquires in
consequence of some public improvement, such as the widening of a street, etc.

A

Betterment

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17
Q

A clearing house for subcontractors to submit their bids for a particular project and for prime contractors to receive bids from the various subcontractors.

A

Bid Depository

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18
Q

The act of not allowing a bid to stand because of an impropriety in the process of submission or as a result of the owner’s arbitrary decision to reject the bid. The
owner, in a typical contract, reserves the right to reject any and all bids. However, in rejecting a
bid, an owner and its Landscape Architect run the risk of interfering with the bidder’s right to do
work or of defamation of character on the part of the bidder.

A

Bid Rejection

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19
Q

An independent administration quasi-judicial board to
decide all public contract disputes. Various states have created these boards to relieve the courts from the backlog of cases related to public contracts. Note that these boards hear only disputes related to public contracts and not to private contracts.

A

Board of Contract Appeals

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20
Q

A term used to represent standard legal conditions inserted at the “front end” of a construction contract. These conditions are typically titled “General Conditions,”
“Supplemental Conditions,” and/or “Special Conditions” and are inserted at the front end of the project manual.

A

Boiler Plate

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21
Q

An instrument with a clause, with a sum fined as a penalty, binding the parties to pay the same, and with the condition that the payment of the penalty may be avoided by the performance of certain acts by some, one, or more of the parties; a certificate or evidence of a debt; a mere promise to perform or pay; a written obligation.

A

Bond

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22
Q

Is a form of security to insure that the bidder will enter into the contract if the award is made to it.

A

Bid Bond

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23
Q

Insures completion of the project by the contractor,
guaranteeing that if the contractor defaults, the bonding company will step in and finish the work. This bond is also applicable between a prime contractor and its subcontractor, assuring the prime that the subcontractor will perform or pay.

A

Performance Bond

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24
Q

(Sometimes known as a labour and material payment bond) Provides a source of payment for the contractors’ or subcontractors’ labour and material men.

A

Payment Bond

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25
Q

The aggregate of reported cases forming a body of jurisprudence or the law of a particular subject as evidenced or formed by the adjudged cases; distinct from statutes and other sources of written law.

A

Case Law

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26
Q

A document issued by the building inspector certifying that the structure con-forms to all relevant code sections and is, therefore, safe for use. An owner
must obtain a certificate of occupancy before he or she can use a building. A new building
cannot be considered complete until a certificate of occupancy has been issued. In some
instances, a partial certificate of occupancy will be issued for portions of the building to be occupied.

A

Certificate of Occupancy

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27
Q

The certificate issued by the Landscape Architect when the building, or a portion thereof, is complete to the degree that the owner can use the building, or a portion thereof, for its intended purpose.

A

Certificate of Substantial Completion

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28
Q

A revision to the original contract documents. A change differs from a modification in that the modification is agreed to by both parties of the contract; however, a change may be made unilaterally by the owner in spite of the contractor’s lack of agreement.

A

Change

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29
Q

A document issued by the landscape architect directing the contractor to erect some portion of the building in a manner different than described in the original plans and a specifications. This change must have an effect on the price and/or the time of the contract in order to constitute this. If the price and/or time is not affected, then the change is a field order or minor (this) order and not (this). The change may be requested by the Owner, Landscape Architect or Contractor.

A

Change Order

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30
Q

A demand, an assertion, a pre-tense, a right or title to. An action initiated by one of the
parties of a contract against the other party. This action may be in the form of a written letter, a
legal document, or some instrument establishing the difference between the two parties.
(NOTE: A letter is sufficient, in the eyes of some courts, to establish this.)

A

Claim

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31
Q

A legal status granted to a Landscape Architect in the quasi-judicial role as arbitrator in settling a dispute between the owner and the contractor. This cloak protects the Landscape Architect from liability by either party (owner or contractor) as a result of the decision rendered in resolving the dispute.

A

Immunity

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32
Q

An agreement between two or more persons to defraud a person of his or her right by the forms of law or to obtain an object forbidden by law; a secret combination,
conspiracy, or concert of action between two or more per-sons for fraudulent or deceitful purposes.

A

Collusion

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33
Q

A process whereby sealed proposals are submitted to the owner for consideration. This is mandatory on public works projects. A private owner may choose to use competitive bidding in securing the most economical contractor for the construction of the project. However, a private owner is not legally bound to the competitive bidding process.

A

Competitive Bidding

34
Q

The inducement to a contract; the cause, motive, price or impelling influence which induces a contracting party to enter into a contract; the reason or material cause of a contract.

A

Consideration

35
Q

That which has the character assigned to it in its own essential nature but acquires such character as a consequence of the way in which it is regarded by a rule or policy of law; hence, inferred, implied, or made out by legal interpretation.

A

Constructive

36
Q

An uninterrupted, unbroken series of activities or events. This theory is sometimes employed in the determination of statute of limitation claims regarding the commencement of the time for the claim. The statute of limitation typically starts to run upon the completion of the project. However if the contractor is required to repair defects in the work and, as a result, renders “continuous treatment” to the work, the contractor may extend the time for the commencement of the statute.

A

Continuous Treatment

37
Q

The sharing of a loss or payment among several debtors. The act of any one
or several of a number of co-debtors in reimbursing one of their number which has paid the
whole debt or suffered the whole liability, each to the extent of its proportionate share; The right
of one who has discharged a common liability to recover from another, who is also liable, the
portion which he or she ought to pay or bear. In many jurisdictions, the damages will be
assessed to the parties held liable based on their contribution to the negligence.

A

Contribution

38
Q

A specific sum of money expressly stipulated by the parties to a
bond or contract as the amount of damages to be recovered by either party for a breach of the
agreement by the other. In the construction industry, it is an amount established in the contract
writing to be withheld by the owner on a daily basis for every day past the stipulated completion
date of the contract. This clause is to fix the amount to be paid in lieu of performance. “Penalty” clauses, without some kind of balancing bonus, are rendered
unenforceable in the courts of law.

A

Liquidated Damages

39
Q

Awarded by the courts in the amount of three times the actual damage. Treble damages usually apply in antitrust actions.

A

Punitive Damages

40
Q

An omission of that which ought to be done; a failure to perform a legal duty.

A

Default

41
Q

An allegation of a defendant which, admitting the matters of fact alleged by the bill to be true, shows that they are insufficient for the plaintiff to proceed upon or to oblige the defendant to answer.

A

Demurrer

42
Q

Just and conformable to the principles of justice and right; existing in equity; available or sustainable only in equity or only upon the rules and principles of equity.

A

Equitable Doctrine

43
Q

A principle by which a contract becomes binding in spite of the fact that no formal agreement was made between the parties concerned. This is essentially the result of a court action asserting that an agreement exists , based largely on the behaviour or actions of the partied involved.

A

Estoppel

44
Q

Clause in which a party who may suffer a loss agrees not to institute legal action against a party who may cause the loss. The classic example is a patient who, upon entering the hospital, agrees not to institute any legal action against the hospital or any other doctors in the event he suffers an injury or death because of an act of the hospital or the doctors. Examples are Indemnification or Disclaimers

A

Exculpatory Language

45
Q

In a contract between a subcontractor and a prime contractor, the performance of the sub-contractor will be tied to the prime contractor in the same manner as the
prime’s performance is tied to the owner.

A

“Flow Down Clause”

46
Q

The face of a written instrument. That which is contained on the face of a deed, without any aid from the knowledge of the circumstances under which it is made, is said to be within its four corners.

A

Four Corner Rule

47
Q

Knowledge of a fact which is attributed vicariously to another.
Knowledge is said to be imputed to a person when it is ascribed or charged to the person not
because he or she is personally cognizant of the fact or responsible for it, but because another
person, over whom the first person has control or for whose acts or knowledge he or she is
responsible, is cognizant of it or responsible for it. In an agency relationship, the principal has
knowledge imputed to him or her when the agent receives or is made cognizant of that
knowledge.

A

Imputed Knowledge

48
Q

The process by which one party seeks to protect itself from any claims by a plaintiff who has been injured or who has suffered loss. One method of obtaining
this is to obtain a promise from the contractor that it will insure the owner, and in
some cases the Landscape Architect, against any liens or suits by a third party not privy to the
contract.

A

Indemnification

49
Q

Hidden, concealed, dormant; does not appear on the face of a thing, as in a (this) ambiguity.

A

Latent

50
Q

A charge, security, or encumbrance upon property; a claim or charge on property for
payment of some debt, obligation, or duty.

A

Lien

51
Q

A precept or order issued by superior court upon the decision of an appeal or writ
of error which directs action to be taken or disposition to be made of case.

A

Mandate

52
Q

Compliance, approval of some-thing done, or a declaration of willingness to do something in compliance with a request; an acting by two parties to perform a
duty toward each other.

A

Mutuality of Assent

53
Q

A legal instrument which provides a source of payment for labor and materialmen should their employer fail to pay them because of either default or bankruptcy.

A

Payment Bond

54
Q

A legal instrument which assures that if the contractor defaults, the surety company will complete performance or pay damages to the extent of the bond.

A

Performance Bond

55
Q

Relationship of a party which has any part or interest in any action, matter, or thing.
Privity of contract is that relationship that exists between two or more contracting parties.

A

Privity

56
Q

First 6 Categories of CSI Format (Specifications)

A
  1. General Requirements
  2. Site Work
  3. Concrete
  4. Masonry
  5. Metals
  6. Wood & Plastics
57
Q

7-12 Categories of CSI Format (Specifications)

A
  1. Thermal and Moisture Protection
  2. Doors & Windows
  3. Finishes
  4. Specialties
  5. Equipment
  6. Furnishings
58
Q

13-16 Categories of CSI Format (Specifications)

A
  1. Special Construction
  2. Conveying Systems
  3. Mechanical
  4. Electrical
59
Q

Specifications Breakdown - General (Part 1)

A
  1. Description
  2. Quality Assurance
  3. Submittals
  4. Product Handling, Storage and Delivery
  5. Job Conditions
  6. Alternatives
  7. Guarantee
60
Q

Specifications Breakdown - Productions (Part 2)

A
  1. Materials
  2. Mixes
  3. Fabrication and Manufacture
61
Q

Specifications Breakdown - Execution (Part 3)

A
  1. Inspection
  2. Preparation
  3. Installation/Application/Performance
  4. Field Quality Control
  5. Adjust and Clean
62
Q

Definition: A Specification that calls for one specific product and no alternatives

A

Proprietary Specification

63
Q

Definition: A Specification that calls for products of a particular type to be used

A

Closed Specification

64
Q

Number of particular products that enable a specification to be considered an open specification (restrictive)

A

At least 3

65
Q

An insurance can seek recovery from the third party that was responsible for causing the loss

A

Subrogation

66
Q

This chart is a chart or
graph with the horizontal axis representing a timescale. The vertical axis lists the work tasks. Bars are used to represent the durations of the tasks plotted on the timescale.

A

Gantt

(In addition, project milestones can be shown so that a
project’s progress can be monitored, measured, and graphically compared to key target dates and milestones)

67
Q

What are the five basic functions that the person responsible for management must perform?

A
  1. Planning
  2. Organizing
  3. Commanding
  4. Coordinating
  5. Controlling
68
Q

This is a process flow diagram superimposed on a timeline. Project tasks are laid out chronologically and in the proper order of execution. These schedules are so named because they graphically show the flow of work through the schedule where there is no slack time or float. Any task along this path is deemed “this” because if it takes longer to complete the task than was originally planned the overall project schedule invariably slips.

A

Critical Path Method (CPM)

69
Q

How much of the budget should be assigned for the last 10 percent of the project?

A

20%

70
Q

What are the second largest cost item to a construction contract?

A

Billables

71
Q

What is the largest cost item to a construction contract?

A

Payroll Costs (DPE)

72
Q

What is used to control the size of pavement or building coverage in relation to building size?

A

Lot Coverage Limits

73
Q

Type of business organisation that protects its assets from creditors

A

Limited Liability Company

74
Q

What authorizes the removal of an improvement not allowed by code? In some cases, these costs are eventually paid by the property owner after a lien is filed on the property records.

A

Abatement

75
Q

What is the first action to Initiate a claim in court?

A

Filing a petition with the clerk

76
Q

Financial Firms (e.g banks, insurance companies) typically refer to the process of surety bond release as this.

A

Exoneration

77
Q

A payment method used for extra work when there is no existing agreement on cost. In this case, the works are undertaken with the understanding that the client will pay the contractor according to the actual cost of their labour, materials and equipment, with an additional percentage of overheads and mark-up for profit.

A

Force Account

78
Q

4 parts of a Construction Document

A
  • Working Drawings
  • Specifications
  • General Conditions
  • Agreement Form
79
Q

Unit prices for a scope of work or materials would appear in which of the following bid documents

A

Bid Form

80
Q

Project Milestones

A

0-25%-50%-90%-100%

LARE SECTION 1 2021 (1 decks)

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