shake n bake Flashcards
The process of beginning a project involves an introductory phase wherein the owner presents explicit descriptive specifications for the proposed undertaking. Rather than simply indicate interest without nuance, and to avoid issuing irresponsible considerations for multiple projects, a contractor is required to submit a ______ to express their specifications (including designs and price) for the planned construction
Bid
What information would not be found in the instructions to bidders?
A. Production substitution information
B. The time and place to submit the bid
C. Site plans
D. The start date of the project
Site plans
What is the role of CLARB? Select all that apply.
A. To set the minimum requirements to become licensed in each state
B. To compile records of professionals
C. To work in conjunction with ASLA to produce the LARE
D. To provide services, which examine the competency of each candidate
B. To compile records of professionals
D. To provide services, which examine the competency of each candidate
CLARB’s role is to assist state registration boards, compile professional records and develop the LARE. CLARB also provides services, which tests the examinees and provides the results to each individual state board. It does not set the minimum requirements that each state must require in order to become licensed. It is also an independent body and does not work in conjunction with ASLA in developing the LARE.
An owner may terminate a contract if? (Select all that apply)
A. The contractor has gone bankrupt
B. A contractor is working too slowly
C. The contractor fails to pay the subcontractors
D. The contractor persistently disregards local ordinances
A. The contractor has gone bankrupt
C. The contractor fails to pay the subcontractors
D. The contractor persistently disregards local
A contract can be terminated for any of the following reasons: breach of contract, fraud, nonpayment of professional fees, hazardous site conditions, failure to pay subcontractors, a contractor goes bankrupt and the contractor violates ordinances intentionally.
Phillip runs a small Landscape Architecture firm. His college roommate Desmond runs a medium sized Architecture firm. Desmond has decided that he would like his company to go after larger government work and needs a Landscape Architecture firm to get the work. He asks Phillip to permanently join together their two companies, but Phillip has some reservations and would like to try it out on a short term basis.
What type of company should the two friends form?
a Joint Venture
/in order to begin using a building after all of the work has been completed, what must be obtained from the local municipality?
Certificate of occupancy
What type of specifications instruct the contractor on where to deliver and store all of the materials on site?
General.
The general specifications are designed to instruct a contractor on what is required during the project including where to deliver and store materials, the description of the work to take place and the sequence of work. The technical specifications provide details on the different items that are going to be constructed
and include performance specifications.
A landscape architect has won a case in small claims court against a former client. The client has refused to pay the judgement in the case. What action should the landscape architect take next?
File a writ of execution.
A writ of execution is a court order intended to satisfy a judgement in a civil case. A writ is granted when the defendant refuses to pay the judgement and may result in a levy against the defendant’s property.
A landscape architect and his client initially come to a verbal agreement to do a project based on lump sum pricing. After looking at the project in more detail, a
contract is drawn up with the fee being paid as a percentage of the final construction cost and is signed by both parties. At the end of the project, the client wants to pay a lump sum fee because it is considerably less than the percentage of the final construction cost. The landscape architect takes his client to court to sort out the payment terms. What amount should the landscape architect get paid?
Percentage of the final construction cost
All contractors are held to the same expectations in this arena regardless of geographical distinction or manner of specialization. Veracity of legal cases are
ostensibly determined utilizing this method of reasoning:
Standards of practice
Standards of practice are the common expectations for professionals with which they can reasonably be held accountable. A statute of limitations is the accepted period of time for a claimant to begin legal proceedings regarding a contractual issue. Reasonable care and skill is terminology involved with the traditional negligence and malpractice cases that relates to the aforementioned standards of practice. As it is specific, the over arching ‘standards of practice’ is more encompassing in this case.
Which of the following would be grounds for a landscape architect to lose his or her license?
A. Signing and sealing drawings in which he or she supervised
B. Endorsing a specific supplier without receiving compensation
C. Losing the mental capacity to perform his or her job
D. Disclosing any payments received to make public statements about a proposed project
C. Losing the mental capacity to perform his or her job
A Landscape Architect has been hired to not only design a project, but also to stay on and work as the construction administrator once the field work has begun. What does this role require the Landscape Architect to do? (Select all that apply)
A. Hire the contractor
B. Protect the interests of the owner
C. Evaluate the craftsmanship of the work
D. Resolve any conflicts regarding the contract drawings
B. Protect the interests of the owner
C. Evaluate the craftsmanship of the work
D. Resolve any conflicts regarding the contract
Who is responsible for safety on the construction site?
The contractor
A meddling owner has hired a Landscape Architect to do some design work for a project. The client asks the design team to make a small change to the program early in the project. The Landscape Architect has decided that the change is minor and in the interest of keeping the project moving makes the change. Over the course of the project, this type of change happens several more times. The project is now over budget and past due. The client is furious and wants to know what happened. At what point should the client have been made aware of potential delays and changes to cost of the project?
At the time of the first change
The contract states that the project must be substantially completed by a specific date otherwise the contractor will pay a fine for every day beyond that date. The contractor has failed to meet the deadline for substantial completion. What can he be sued for?
Liquidated Damages
A prospective buyer of a parcel of land is told by the realtor that if purchased, no dramatic changes can be made to the exterior of the house. How is this enforceable?
Restrictive covenant
When working on a federally funded project, what is the minimum amount that contractors are required to pay their employees?
Prevailing wage
Who is responsible for inspecting the installed construction to make sure that it complies with local codes and ordinances?
the building inspector
Who is responsible for hiring and paying subcontractors?
the contractor
An owner grows paranoid of the realities involved with their property undergoing preparation for construction upon realizing that the previous owner, an uncle prone to hoarding, may have committed structural atrocities in a fit of displeasure. Having planned to sell the property following completion of construction, they wish to have limited liability for the period of ownership preceding their own. What sort of documentation should they pursue?
a Special warranty.
A manufacturer has not been paid for supplying all of the concrete products used on the project. What recourse do they have to get paid?
a mechanic’s lien
A landscape architect has bought a piece of land for a new office complex.
The previous owner has agreed to remain personally responsible for the title indefinitely. What type of agreement has been reached?
a General Warranty deed
A Landscape Architecture Firm is designing a sports complex for Oakley Township and has sub contracted some of the work to a civil engineering firm and an architecture firm. The township has provided project requirements and design standards to the LA firm. During the design process, the Landscape Architect has noticed that all of the CADD drawings have been coming back from the subs with different font sizes, line weights, etc. Whose standards should be used on all of the drawings?
the township
A contractor has been hired to install an extensive drainage system on private property. The drainage system includes one fifty foot section of piping that must be installed ten feet deep in the ground. During excavation, no shoring has been installed and the employees feel that their immediate safety is at risk. Who should the employees contact first to rectify the situation?
Their employer
Prior to sending out invitations to bid on a project, the owner has decided to make changes to the plans and specifications. This is done with the help of?
An addendum
A jaded former client has spoken out on a local television station and made false claims that hurt the reputation of a landscape architect. The former client may be sued for what?
Slander
The modification of the specifications after a contract has been signed is called?
Change order
What is the purpose of technical specifications? (choose all that apply)
A. To provide quality and performance capabilities of the materials
B. To enforce one specific way to construct the project
C. To provide information on an tests or inspections
both A and C
In order for a contract to be valid, it must include (Select all that apply): A. An agreement B. Incompetent parties C. Items of value to exchange hands D. More than one party
A. An agreement
C. Items of value to exchange hands
D. More than one party
In an effort to ameliorate their risk while simultaneously impart confidence in their willingness to pay, a contractor secures a _______ bond in preparation of an upcoming bid.
Surety
A surety bond is a financial promise provided by a specialized outside party assuring completion of the bid should the bidder be selected. A bid bond is included with an actual proposal and serves as a guarantee of contract should the proposal be accepted; it also results in a penalty should the bidder withdraw following acceptance. A performance bond is an assurance of the contractor’s intention to complete their work. A payment bond is a guarantee that the contractor will pay all bills accrued within their work.
A landscape architect can be held accountable for negligence on a project for a defined amount of time and terms based on what?
Statute of limitations
Two business people want to form a new company that will exist as long as both of them are alive and even beyond their leaving the company if they are so lucky to last that long. In order to protect personal wealth in the event of a lawsuit, what type of business should be created?
Corporation
A corporation will provide security of one’s personal assets in the event of a lawsuit against the firm and will still exist in the event one of the partners leaves the company. Sole-proprietorships do not protect personal assets. Partnerships dissolve once one of the partners leaves the company and joint ventures dissolve once a project is over.
The process of coming to a non-binding resolution of a contract dispute that is facilitated by negotiation through a third party is called?
Mediation.
Mediation = non-binding. Arbitration = binding
What is not a valid reason to have a retainage of funds during a project (Select all that apply)?
A. In case of satisfactory work
B. In case the contractor fails to perform specified work
C. In case of damage to the owner’s property
D. In order to comply with a mechanic’s lien
A. In case of satisfactory work
Retainers may be kept in case something goes wrong on the project including: unsatisfactory work, failure of the contractor to do the work, damaged property and
compliance with the mechanic’s lien. Should the contractor provide unsatisfactory work, the owner has the right to withhold payments until the situation is rectified.
- Neblock Design Group has been hired to be the construction administrator(CA) on a small waterfront project. While out visiting the site, the Landscape Architect assigned to be the CA has discovered that one of the water fountains on site has not been installed as per specification and is of the belief that the work is not acceptable. The owner agrees with the CA that the work should be rejected. What should the CA do next?
A. Tell the contractor what to do to remedy the situation
B. Provide the contractor with a means and method to fix the problem
C. Alert the contractor in writing and verbally that the water fountain is not acceptable and being rejected
D. Issue a stop work order until the fountain has been fixed
C. Alert the contractor in writing and verbally that the water fountain is not acceptable and being rejected
A Private bid process includes which of the following?
A. A requirement for complete and thorough bids
B. Specific advertising requirements
C. Specific bid due dates and times
D. No requirement to select the lowest bidder
D. No requirement to select the lowest bidder
At what point during a project should record drawings be created?
Contemporaneously with the execution of the work
Record drawings = as-builts
While working on a project, the owner has made the landscape architect aware that he will be dumping all excess soil in the wetlands on site in order to cut costs. What should the landscape architect not do? (Select all that apply)
A. Consent to the decision because he or she is under contract
B. Terminate the contract
C. Advise the owner against dumping in the wetlands
D. Report the owner to the local building inspector
A. Consent to the decision because he or she is under contract
Which national organization’s main goal is to increase the public’s awareness of landscape architects?
CSLA / ASLA
A contractor fails to provide proper signage or warning for strangers in close proximity to a job site leading to an unfortunate accident that causes physical harm to an inquisitive dog and it’s owner. The contractor can be charged with _____ within the court of law:
Negligence
The landscape architect is responsible for providing which parts of a project? A. Setting the budget B. Providing goals and objectives C. Keeping records of the design D. All of the above
C. Keeping records of the design
A Landscape Architect has been hired to represent his client when selecting a parcel of land for a new planned unit development. What type of arrangement has been formed?
Agency
In order to become licensed, a candidate must prove that they are:
A. Minimally competent to practice a profession
B. Minimally competent to practice a profession without endangering the health, safety of welfare of the people
C. An expert in the given profession
D. Able to meet the standards of care
B. Minimally competent to practice a profession without endangering the health, safety of welfare of the people
A Landscape Architect has required that all structural concrete placed on site should have concrete cylinders made and the concrete tested after it has hardened for twenty eight days. What is being tested after this amount of time?
Compressive strength
