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IDPX + PRAC > MODULE 4 - Professional Development and Practices > Flashcards

MODULE 4 - Professional Development and Practices Flashcards

1
Q

What is negligence liability?

A

aka professional negligence
the designer has failed to use due care as expected of a professional in carrying out their design responsibilities

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2
Q

What is a breach of contract liability?

A

Failure to complete (or adequately meet) the requirements of a contract

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3
Q

What is strict liability?

A

under strict liability, people are responsible for their acts, regardless of intent, who is at fault, or use of reasonable care

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4
Q

What is a construction claim?

A

A construction claim is a demand for either additional time or/and payment due to some action.

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5
Q

Licensure vs certification?

A

Licensure = governmental regulation
Certification = self-regulation of a profession

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6
Q

Practice vs Title Acts

A

Practice Acts - establish what an individual can or cannot do in practice as a licensed professional in a state. An example is that only a licensed engineer (or P.E.) can design a bridge. Practice acts also define who can use a specific term when referring to themselves, otherwise known as the professional title.
Title Acts - limit the use of specific professional titles, such as Interior Designer, Registered Interior Designer, or Certified Interior Designer. But title acts do not restrict the performance of certain aspects of the profession’s scope of work. For example, you can become a Certified Public Accountant rather than an accountant only if you meet the requirements.

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7
Q

Within the scope of the regulated Interior Design profession, while terms including “Registered,” “Certified” and “Licensed” are used, what are the main differences in certifications versus licensure?
A. certification allows anyone with the proper education and training to call themselves an Interior Designer; licensure allows you to legally register and operate your business within your local jurisdiction.
B. only a certification allows you to legally use the term “Interior Designer” as your professional title; licensure requires the use of “Licensed/Registered Interior Designer” for your title.
C. a certification proves you have attained a certain level of knowledge that qualifies you for your line of work; licensure is a legal designation, with a clear set of requirements, with enforceable penalties, to work in your profession.
D. certification is interchangeable with licensure and allows you to work in your chosen profession once you register with your local authorities and meet the proscribed legal requirements.

A

C.

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8
Q

All of the following are true about the use of consultants EXCEPT?
A. the interior designer is responsible for code compliance of all consultants’ work
B. when the owner contracts directly with the consultant, the interior designer may lose some ability to direct the consultant
C. it is the interior designer’s responsibility to inform the consultant about the applicable code requirements
D. the interior designer should involve the consultant in the project as early as possible

A

A.

the consultant is responsible for code compliance of their own work.

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9
Q

All of the following are important to remember when writing specifications except?
A. do not include standards that cannot be measured
B. specifications are legal documents
C. specify the results and the methods to achieve those results together
D. avoid exculpatory clauses that try to shift the responsibility to the contractor or someone else in a broad, general way

A

C.

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10
Q

An Interior Design “title act” does what?
A. It mandates that all practitioners of Interior Design must pass the NCIDQ Exam.
B. It limits what an individual can or cannot do in the practice of a profession in a particular jurisdiction.
C. It restricts the use of a designated “title” to only those who meet the qualifications of the legislation.
D. It allows anyone with the proper education and training to offer “Interior Design” services.

A

C.

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11
Q

In some states an interior designer is required to have a license to practice design. This requirement is based on a state’s?
A. title act
B. practice act
C. state regulatory requirements
D. exclusionary legislation

A

B

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12
Q

What is a sole proprietorship?

A

business started, owned, and operated by one individual
owner and business are considered the same
Start-up is relatively easy
owner has personal responsibility for all legal and financial liabilities of the business

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13
Q

What is a partnership?

A

between two individuals
easy to set up
3 types of partnerships:
1. general
2. limited partnership
3. limited liability partnership/LLP

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14
Q

What is a General Partnership?

A

the people who created a general partnership share in the profits and risks of the business
personally liable in lawsuits

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15
Q

What is a Limited Partnership?

A

someone besides the working partners has invested in the business
partners have same legal responsibilities as members but limited partner cannot participate in the firms management and is liable only up to the amount they invested

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16
Q

What is a Limited Liability Partnership/LLP

A

generally limited to licensed professionals such as accountants, lawyers etc.
owners of an LLP have limited liability

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17
Q

What is a Limited Liability Compan/LLC?

A

hybrid of general partnership or sole proprietorship and corporation
the liability is limited to a member’s investment
member has no personal liability even if the company is due or faces large debt

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18
Q

What is a corporation?

A

most time-consuming and expensive method of forming a business
can exist independently of its originators
legally and financially separate from ownership
corporation can sue and be sued

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19
Q

What is a joint venture?

A

two or more people or firms agree temporarily to share a particular project or business venture’s responsibilities.
neither firm loses original identity
joint venture usually formed with a new name for temporary partnership

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20
Q

What are accounts in accounting?

A

record of financial expenditure and receipts relating to a particular period or purpose

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21
Q

What is a balance sheet?

A

form that shows the firm’s financial position at a particular moment in time.

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22
Q

What are expenses in accounting?

A

The costs incurred in performing one’s job or a specific task, especially one undertaken for another person

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23
Q

What is an income statement?

A

A report that displays all the revenues and expenses of a firm for a stated period of time. The result (also called a profit and loss statement) shows the net income (or loss).

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24
Q

What are operating funds?

A

The funds required every month to operate and keep the business open for the month.

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25
Q

What is professional liability insurance?

A

protects the designer if some action by them causes bodily injury or property damage

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26
Q

What does general liability insurance cover?

A

covers designer or employees, consultants or others hired by designer
property damage
liability
personal injury

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27
Q

What is product liability insurance?

A

This provides protection if a product or installation completed by the designer or a subcontractor causes damage or injury to the client. This applies after the designer or subcontractor transfers possession of the product.

28
Q

What is property insurance?

A

Protects the designer’s building and its contents against disasters such as fire, theft, and flood, even if the designer rents space.

29
Q

What is personal injury protection insurance?

A

Protects the interior designer against charges of slander, libel, defamation of character, misrepresentation, and other torts.

30
Q

What is a proposal?

A

A proposal is an overview of how a designer intends to proceed with a project.

31
Q

What are the basic steps of the proposal process?

A
  1. take a good look at the RFP
  2. approach the proposal in an organized way
  3. make sure the proposal answers all possible questions about meeting the requirements
32
Q

What is an RFP and what does it include?

A

A request for proposal or RFP is a document prepared by the client. It contains what specific information the client is seeking from the interested design firm.
the full scope of services request
the project description
the proposal requirements section
the due date for the submission

33
Q

RFQ vs RFP

A

Request for Qualifications
Request for Proposal

34
Q

What is the project scope?

A

includes
-all activities the interior designer will perform in exchange for the fee
- writing the contract and defining what the designer and others on the design team will do (and not do)
- spells out additional services, which are those activities that the client may want to add after signing the initial contract.

35
Q

What bidding documents are included in a bidding process?

A

Invitation to Bid
Instructions to bidders
Bid forms
Bid security information
Requirements for a performance bond, if required.
Requirements for a labor and material payment bond, if required.

36
Q

What is a performance bond?

A

A statement by an insurance company that ensures completion of the project should the contractor default on its obligations.

37
Q

What is labor and material payment bond?

A

Promises payment to labor and for materials by a defaulting contractor.

38
Q

What are the four elements of a contract?

A

an offer
acceptance
consideration
mutual agreement.

39
Q

What should be included in a contract?

A

Full legal names of parties
Detailed scope of work
Responsibilities of the interior designer & client/owner
Purchasing agreements
Method of payment
Reimbursable expenses: phone calls, travel, reproduction costs, etc.
Excluded or additional services: studying more options, the additional scope of work, etc.
Ownership of documents
Provisions for arbitration
Provisions for termination
Signatures of both parties

40
Q

What is a general condition?

A

General Conditions are for all agreements and aren’t a contract per se. This document is incorporated by reference into other contracts. It outlines the responsibilities and liabilities of the Owner, Architect or Interior Designer, and Contractor. It defines the parties, who has what right, and who answers to who.

41
Q

Who are A-series documents between?

A

Owner and Contractor/Vendor

42
Q

Who are B-series documents between?

A

Owner and Architect/Designer

43
Q

What is form A104-2017?

A

Standard Abbreviated Form of Agreement Between Owner and Contractor

44
Q

What is form A201-2017?

A

General Conditions of the Contract for Construction

45
Q

What is form A151-2019?

A

Standard Form of Agreement between Owner and Vendor for Furniture, Furnishings, and Equipment

46
Q

What are supplemental services?

A

These are identified as the Architect’s or Interior Designer’s responsibility when the agreement is executed. Additional services are implemented as needs arise throughout the project at additional cost.

47
Q

What is form B101-2017?

A

Standard Form of Agreement Between Owner and Architect

48
Q

What is form B252-2019?

A

Standard Form of Architect’s Services: Interior Design and Furniture, Furnishings, and Equipment (FF&E) Design Services

49
Q

What are terms and conditions?

A

identify the rights and responsibilities of parties agreeing. Terms and conditions do not refer to the overall contract but the legal terms. This can include general conditions and special conditions.
may include specifics related to:
The right to terminate the contract
Conditions for the sale of goods
Conditions for the supply of services

50
Q

What are special conditions?

A

are those specific to a contract, including payment, price variation, penalties, etc.

51
Q

What is a fee projection?

A

A fee projection takes the total fee the designer will receive for the project and allocates it to the schedule and staff members who will work on the project, after deducting amounts for profit, overhead, and other expenses that will not be used for professional time.

52
Q

What is Uniform Commercial Code?

A

The body of law governing the relationships between the various levels of buyers and sellers in business transactions, which has been adopted in some versions by all states.
The purpose of the UCC is to help “state legal relationships of the parties in modern commercial transactions. The Code is designed to help determine the parties’ intentions to a commercial contract and give force and effect to their agreement,” and fill in the gaps where not specifically stated in contractual agreements.

53
Q

What items might a designer need to get cost estimates on?

A

non-load-bearing partitions
lighting
cabinets
built-ins

54
Q

What is a fee projection chart?

A

one approach used to figure out whether there’s enough money allocated to a project. Because this approach is so detailed, it’s also is a good way to determine the preliminary project schedule.

55
Q

What is the lump-sum fixed fee structure?

A

A specified fee will cover all the work and expenses required in the project scope of services. This fee cannot be increased beyond the fixed amount.

56
Q

What is the hourly billing fee structure?

A

Service is billed for each hour or part of an hour for work on behalf of the client based on an hourly rate.

57
Q

What is the not-to-exceed fees based on hourly billing?

A

this sets a maximum that the designer can not go over without prior approval from the client.

58
Q

What is the cost-plus percentage markup structure?

A

Commonly used in residential design. The client pays a specific markup on the actual cost of the merchandise and other items that the designer sells to the client.

59
Q

What is the cost-plus fixed fee structure?

A

Commonly used in commercial design by contractors. The client pays the actual cost of the work plus an amount for the overhead and profit. This includes all trade subcontractor work, labor, materials, and equipment.

60
Q

What is the square foot pricing structure?

A

more common in commercial projects. The fee is determined by a rate per square foot multiplied by the amount of square footage of the project.

61
Q

What is the percentage of actual construction/merchandise cost fee structure?

A

Based on a negotiated percentage of the construction cost or the cost of goods and installation for the project.

62
Q

What is the value oriented method fee structure?

A

A newer compensation method. The design firm prices services based on the value or quality of the services instead of focusing on the cost of providing those services. This fee method works for design firms whose services have prestige value in the marketplace.

63
Q

What is the out-of-pocket reimbursable expenses fee structure?

A

These are expenses that are not part of the services billing. But these are made to complete the project and are typically billed to the client with a service charge. Reimbursable and non-reimbursable direct costs are considerations in all fee options. It’s possible to combine several compensation options into a singular agreement. Each would tie to a specific scope of services provided. Compensation options with consultants are separate and different from the prime agreement.

64
Q

How are billing rates determined?

A

based on the amount of money an employee is paid (salary rate) plus the costs of the employee’s fringe benefits, plus the cost of office overhead, plus an allowance for profit.

65
Q

What additional costs might a client want to include in the budget?

A

financing and inflation factor

IDPX + PRAC (11 decks)

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