Module 6 - Key Terms - Part 2 Flashcards
Liquidated Damages
Liquidated Damages are usually a fixed monetary amount per day, deducted from monies due the Contractor for failure to substantially complete the work within a stipulated time or by a stated calendar date. Some form of documentation is desirable to substantiate the potential loss from delay of completion. If the amount for liquidated damages is not based upon financial loss and is an excessive arbitrary amount, disproportionate to the value of the performance, it might be considered a penalty and become unenforceable. (PDPG 7.1.6.6; PDPG 13.12.13, CPRPG 5.3.4.6, CPRPG 10.10)
Liquidated Damages
Liquidated Damages is the amount that the Owner has determined it will cost to not have use of the facility. Liquidated damages are usually assessed for each day beyond the designated substantial completion date that the project is not completed. (CAPG 3.4.8.15 pg. 65)
Liquidated damages stated in the agreement are usually invoked when substantial completion is not achieved by the indicated date or within the indicated time. (PDPG 7.1.6.6; PDPG 13.12.13; CAPG 11.13 pg. 230)
Long Lead-Time Items
Elevators, escalators, chillers and boilers, transformers, switchgear and substations, or specialized equipment and systems. (CPRPG 5.3.3.3)
Longshoremen and Harbor Workers Act
A federal act requiring certain compensation levels for injured longshoremen and harbor workers. This exposure may be insured commercially or by using self-insurance. The classifications of persons falling under the provisions of this act are broadening widely. (Spec PG 17.7)
Loss
Loss (1) The basis of a claim for damages under the terms of a policy. (2) Loss of assets resulting from a pure risk. Broadly categorized, the types of losses of concern to risk managers include: personnel loss, property loss, time element, and legal liability. (PDPG 11.3.20.1 Spec PG 17.7)
Loss of Use Insurance
Coverage to compensate the policyholder for loss suffered because the policyholder cannot use the property destroyed or damaged by an insured peril. (PDPG 11.3.20.1 Spec PG 17.7)
Lump Sum
Lump Sum price (sometimes called stipulated sum) is an agreed amount for a described extent of work, based upon complete or partially complete construction documents. This is the simplest method of stating the basis of payment wherein a single amount is agreed upon for completion of the entire contract. (PDPG 7.1.6.1)
Machinery Insurance
See Boiler and Machinery Insurance
Maintenance and Operating Tools
Maintenance and Operating Tools are typically unusual, nonstandard, or proprietary tools required for equipment and systems maintenance or for operating access doors, valves, and security panels. (CCAPG 12.3.3.2)
Maintenance Bond
These bonds provide the Owner with assurance that, when required by the contract, the Contractor will provide ongoing maintenance services for the required period of time. (CCAPG 3.4.3, CPRPG 9.7.4.3.1)
Maintenance
Maintenance work needed to preserve or restore roads, buildings, landscaping, site improvements, utilities, equipment, and other facilities to original condition or such condition that they can be used for their intended purpose. (PDPG 14.2.4.2)
Maintenance
Preventive maintenance requirements should be considered during product selection, because maintenance costs affect the life cycle cost of products and equipment. (CPRPG 6.4.6.5)
Management Services (Construction)
Management Services (Construction) may be utilized early in the project development to complement design services. These management services may simply involve establishing construction costs of the design or may be more formally established as project management or construction management. Construction expertise is extensive and diverse and this expertise is offered similar to other professional services. (Spec PG 1.14.2)
MANU-SPEC Guide Specifications (CPRPG 2.12.2, Fig. 2.3)
MANU-SPEC Guide Specifications (CPRPG 2.12.2, Fig. 2.3)
Manufacturer Certifications
Manufacturers may require fabricators or installers of their products to be certified by the manufacturer as a condition of the sale or a condition before a warranty can be issued. (PDPG 4.6.2)
Manufacturer Information
Manufacturer Produces or fabricates products to be incorporated in the project. (CPRPG 4.2)
Manufacturer
Produces or fabricates products to be incorporated in the project. (PDPG 2.5)
Manufacturer
Provides technical information, including product data, regarding the product and advice on its application, and its implementation in a project. (CSPG 1.4.2)
Manufacturer
The manufacturer’s responsibilities in the sales process may include providing submittal data, technical assistance, and selling products. Manufacturers may also provide product information and technical assistance to A/Es and product warranties to the Owner. (CPRPG 2.18.1)
Manufacturer’s Employees
Manufacturer’s Employees is responsible for making sales and possibly placing orders and arranging for shipment of products if the manufacturer does not have a separate order-processing department. The manufacturer’s employee assists in communication between the distributors and suppliers, works with bidders to see that they have the appropriate pricing information for bidding, and may help put bid packages together. A bidder may call the manufacturer’s employee to ask if any special pricing is available for the buyer. The manufacturer’s employee may also work with the distributors to determine what type of products to stock based on the economic forecast, seasonal conditions affecting product demand, and environmental conditions and regulations.
Manufacturer’s employees typically consist of sales employees, marketing employees, and technical employees. (PDPG 2.5.1.1)
Manufacturer’s Employees
Manufacturer’s Employees are agents. They are legally bound to sell a product or perform a service and are generally excluded from representing other manufacturer’s products. These employees speak for the manufacturers. (CPRPG 2.5.1)
Manufacturer’s Instructions
These include manufacturer-prepared instructions concerning the proper application or installation of a product or system. The Contractor and A/E use this information to verify that the project is ready for installation and that the installation follows the recommendations of the manufacturer. (CAPG 5.3.2.5)
Manufacturer’s Field Report
These reports document the testing and verification actions taken by manufacturer’s representatives to verify compliance with manufacturer’s standards or instructions. Field reports provide assurance that the entity in the best position to judge the integrity of the installation has made that determination. Field verification by a representative of the manufacturer is often required as a prerequisite for issuance of a manufacturer’s warranty or guaranty. (CCAPG 5.3.2.6)
Marketing Employees
Marketing Employees research the market to determine what is important to buyers and decision makers. Their research evaluates and targets buyers and decision makers, assists in establishing criteria for the product that satisfies the buyers and decision makers, and provides information to price the product competitively. (CPRPG 2.5.1)