Professional Practice and Management Terms

Question 1

The foundation for professional services to a client; a legal document that sets forth the obligations of each party, and specified the duties and responsibilities of the singing entities

Answer 1

Contract

Question 2

A type of contract that includes voluntary agreement consideration, lawfulness, legally competent parties, and enforceable form

Answer 2

Enforceable contract

Question 3

An agreement between the Landscape Architect and the Client wherein the Landscape Architect offers the professional services and the other party accepts

Answer 3

Voluntary agreement

Question 4

A form ensuring the contract to remain in force in the event of violations, including severability/survival clause (partner takeover), limit of liability clause terms covering dispute and reslution

Answer 4

Enforceable form

Question 5

An example of which is a contract with a public sector client for an approved project but without funding

Answer 5

Unforceable contract

Question 6

When any of the foregoing elements is missing, wherein both parties have legal rights to terminate contract

Answer 6

Void contract

Question 7

A method of settling a contract dispute by agreeing in advance in the contract to accept decision of an impartial person based on evidence and argument presented by both parties

Answer 7

Arbitration

Question 8

Settling a contract agreement or dispute by facilitated negotiation

Answer 8

Mediation

Question 9

Process of settling a contract dispute thru legal proceedings in court

Answer 9

Litigation

Question 10

One party reneges on performing terms of contract where injured part may seek relief and damages from breaching party

Answer 10

Breach of contract

Question 11

Two distinct parts of the project manual

Answer 11

Bidding requirements and contract documents

Question 12

Issued as part of a bidding process by the surety to the project owner, to in hopes guarantee that the winning bidder will undertake the contract under the terms at which they bid

Answer 12

Bid bond

Question 13

A bond given to protect the recipient against loss in case the terms of a contract are not filled; a surety company assumes liability for nonperformance

Answer 13

Performance bond

Question 14

A condition considered as “fine prints,” which describe the relationships and procedures connected with the project; usually standardized for all professional/professions, and does not change with project variety

Answer 14

General conditions

Question 15

A condition designed to deal with relationship peculiar to the project after owner, including conditions that are specified to each individual project and reflect aspects of the general condition that require modification

Answer 15

Supplementary conditions

Question 16

A procedure that involves the use of planning and scheduling techniques, monitoring procedures and record keeping, contract administration, project observation, effective communication, problem identification, leadership skills, and a host of other business practices necessary to coordinating and implementing a project efficiently and successfully from inception to completion

Answer 16

Project management

Question 17

A list of items to be corrected before the work can be accepted; serves as an advance warning to the contractor of those things considered unacceptable prior to the date of final acceptance inspection

Answer 17

Punch list

Question 18

A right to keep possession of property belonging to another person until a debt owed by that person is discharge

Answer 18

Lien