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Private owner
single owner or company owning a project
Public owner
government run project
clear specs, site access, proper financing
3 basic owner duties for starting construction contract
design specs
specs that note the materials, installation and procedures
performance specs
desired outcome of a function of the project
Spearin Case
basic principle of _____ is if contractor follows specs and plans, owner is resposible for defects
implied warranty of good
construction must be to industry standadrd and complete even if not stated in contract
implied warranty of habitability
ensures construction is up to proper living standards
apparent authority
when a person appears to have power and acts on behalf of the owner
strict liability
holds someone responsible for damages or injuries even if they were not negligent or at fault.
litigation
resolving disputes through court
diversity of citizenship
when parties are from diff states so its a federal issue
tort
civil wrong that causes harm
offer, acceptance, consideration
in order to have a contract, what three things are required
Statue of Frauds
contracts over $500 need to be in wiritng
integration clause
final agreement between parties. no more alterations of contracts verbally
third-party benefeciary
not a direct party to contract but benefits from itmay sue to enforce the contract under certain conditions.
breach of contract
failure to perform as specified in a contract.
bidding services
gathering and reviewing proposals
economic loss doctrine
legal rule that limits compensation for purely financial losses
express authority
person given power to act on behalf of owner
frauds
intentional lies
negligence per se
when someone breaks a rule/law meant to protect people
negligent misinterpretation
when someon gives bad info that causes harm
collective bargaining
unions and employers negotiate wages, work conditions, etc.
doctrine of substantial performance
as long as contractor did work according to specs and drawings to a reasonable degree, they are entitled pay
Fraudulent misinterpretation
purposly givng false information that can cause harm
CM agency
project delivery method where CM acts as advisor to owner w/o financial risk
CM at Risk
CM hired to take on financial responsibility
Design-Bid-Build
most common delivery system. Owner hires designer then puts its out to bid for contractors
design-build
project delivery where one firm handles design and construction
Integrated Project Delivery
Collaborative project delivery
Value Engineering
replacing items to save costs in construction
constructability review
process of evaluating a project's design for ease of construction and cost-effectiveness.
multi-prime contracting
multiple CM hired for differetn aspects of project
construction loan
short term loan for building costs. usually repaid after project is finished
cost plus
owner pays actual construction plus extra fee for contractors profit
cost plus fixed fee
cost plus contract where contractors receives predetermined rate
cost plus with guanteed maximum price
cost plus contract where CM is reimbursed but agrees to a max price cap
lump sum
fixed price contract for a specific scope of work. contractor does takeoffs
time and materials
contract where owner pay for actual labor and materuials used with a markup
unit price
contract work priced per unit. owner does takeoffs
bid package
set of documents given to bidders w proj plans, specs and contract terms
bid protest
a formal objection by a bidder regarding the award or proposed award of a contract, usually based on perceived unfairness in the bidding process.
Brooks Act
standard law for selecting design professions based on qualifications over price
Doctrine of Mistake
allows for a void of contract or corrections if significant mistake was made
little brooks act
state-level version of the Brooks Act, ensuring that professional services for public projects are selected based on qualifications.
mistake of fact
legal rule that allows contract adjustments or cancellations when one party makes an honest and material mistake about key facts.
prequalification
contractors submit credentials to prove they meet experience, financial, and technical requirements before bidding.
Quantum meruit
price for a portion of work without a contract
responsible bidder
contractor that meets all qualifications, financial requirements, and performance standards to complete the project successfully.
responsive bidder
contractor that follows all directions
RFP
request for proposal from contractors
RFQ
request of qualifications from contractor
