Section 1 Study Set A

Bond

Debt security under which the issuer owes the holders a debt and depending on the terms interest should be paid

Public work projects are finance by

The government agencies in municipalities, counties, states and federal government.

General contractor

Has unique skills that should reduce the cost of construction to the owner

General contractor

His/Her skills are: Administration of construction operations, efficient procurement of materials, efective management of workforce, planning and coordination of the construction process

Certificate of occupancy

It certifies that the building structure conforms to all relevant code sections and is safe for use.
Owner must obtain it before the use of the building.
In some instances, a partial certificate is issued for portions of the building to be occupied.

Builder or Contractor

Anyone who contracts to provide the labor and services necessary to complete a project.
Hired by the owner or by another contractor.

Certificate

Written and signed document establishing that a fact is true.

Certificate of occupancy

Building inspector certifies that the structure conforms all relevant code is safe for use.

Certificate of payment

Is a document issued by the Landscape Architect in which the Landscape Architect certifies that the contractor has adequately performed. The certificate is then presented to the owner for payment to the contractor.

Substantial completion

Issued by the landscape architect when the building is complete to the degree that the owner can use the building.

Licensing process

It was established to protect the health and welfare of the public.

ASLA

Established on 1899. Non-profit. Headquarters in Washington D.C
An organization that promotes high professional standards among landscape architects. Members are required to continually update their education and knowledge.

COE & LAAB

Council of Education & Landscape Architecture Accreditation Board.
assures both public and profession maintain highest possible level of educational preparation

Project closeout

Written notice of satisfactory completion of construction.

Partnership

Share risks, profits and losses
Unlimited liability
No state taxes
Partnership pays no income tax (not separate legal entity), the income tax falls on the partners.
Each partner is liable
Profits must be shared

Addenda

Document added to the contract documents/construction documents
Correct errors or omissions
Clarify questions raised by the bidders
Issue new requirements including decisions to decrease/increase the scope of work
Cancel the project after it has been advertised but before is a bid

Addenda

This document should not be used to complete the design phase, minor/small value changes or oral instructions.

Addenda

Get all the required information for one large "document". This is possible by issuing this document as close as possible to the bid date.

Actual damages VS Liquidated damages

Damages resulting from real and substantial loss VS Estimated amount calculated as anticipated loss at future time

Acceleration cost

cost incurred by a contractor when the project is interfered with by the owner, in such a way, that the contractor must employ more manpower or work more hours in order to complete the project on time. If the contractor contributes to the cause of its own delays, acceleration cost may not be granted.

Addenda

Document added to the contract:
Replies to important questions
Delays the bid opening if changes are critical
Program changes

Bid

Is an offer to perform a contract for work and labor or supplying materials at specific price.
Offer by the contractor to the owner

Short list

(noun) a list of applicants winnowed from a longer list who have been deemed suitable and from which the successful person will be chosen

Bid depository

a facility created by a group of contractors or a trade association to collect written bids from subcontractors and material suppliers and convey them to the general contractors.

Contract

Bid becomes a once the owner accepts the bidder's offer with all contractual requirements

15% to 20%

The owner place contractual limits on the amount of work that can be subcontracted. Percentage that must be performed by the general contractors own workers

Anticipatory breach

When a party to a contract repudiates (reneges on) his/her obligations under that contract before fully performing those obligations.

Attachment Lien

A court process by which property may be seized and held as security for a possible future judgement.
Real property is 'attached' by recording a copy of the writ of attachment in the public record thereby creating a lien vs. the property .

Bid bond

surety provided by bidder to guaranty they will enter into a contract & will supply the contract performance/payment bond if awarded the contract. Bond amount indicated on bid manual.

Performance bond

Insures the completion of the project by the contractor guaranteeing that the contractor defaults the bonding company will finish the work. Between owner- contractor and contractor-subcontractor.

Payment bond

Labor and material source of payment for the subcontractors and contractors.
Usually included with the performance bond, a guarantee by a surety that the contractor's suppliers and subcontractors will be paid if the contractor does not pay them

Maintenance bond

A contract bond guaranteeing that the work will be free from defects in materials and workmanship for a specified period after the project is completed.

hold harmless

An indemnity clause that provides that both parties agree to defend and/or compensate the other party for asserted claims against, or liability damages incurred by, the other party due to the acts or omissions of the first party.

contractual liability

when an insured agrees to assume the legal liability of another party by a written or oral contract

claims clause

contract provision stating that parties must notice (notice of potential claim) the other before filing claim against them.

mediation

A method of settling disputes outside of court by using the services of a neutral third party, called a mediator. The mediator acts as a communicating agent between the parties and suggests ways in which the parties can resolve their dispute. Most popular method of the ADR (alternative dispute resolution)

arbitration

The hearing and determination of a dispute or the settling of differences between parties by a person or persons chosen or agreed to by them.
Is legally binding
The decision is confidential
Less time consuming
expensive than litigation

150 days after the cause of action

when can a contractor initiate a demand for arbitration?

state licensing board

The CLARB is represented by past and current members of the (3 words)

Injuction

Judge order to a person/group to refrain from doing somenthing

contingent liability

The owner/general contractor can have _ _ for damages caused by the contractor/subcontractor to a third party that is not part of the contract

standard business communication devices

Letter, memorandum, contracts, forms, financial/account statements

construction documents

plans and detail drawings, notes, schedules, technical specifications, bid/contract documents

B727

AIA document.
standard form of agreement between owner and architect for special services.
Used by Landscape architects in projects with a well defined scope of services
consult with lawyer and insurance firm before using a standard contract and signing a contract

Design services contract

Used for services between the Landscape architect and the owner or between the LA and other consultants (each sub consultant should have a separate contract)

Design services contract

Elements of this type of contract are:
Project description
Responsibilities
Scope of work
Fees
Liability limitations & insurance requirements
Effective date
Changes
Termination
Judicial jurisdiction (which court system the contract falls)
Arbitration
Clarifying use of documents
Signature

Project description

It is an element of the design services contract.
Nature of project
Intended use
Project name and location
Any other important or unusual conditions such as zoning

responsabilities

It is an element of the design services contract.
_ of both the client and the LA
Client: site survey, soil survey, property description, project program, budget. Payment & service approval process.

scope of work

It is an element of the design services contract
Its purpose is to establish fees in the contract negotiation process.
Basic services & additional services

scope of work basic services

programming
schematic/final design
construction documents
construction administration

scope of work additional services

post construction evaluation
models
marketing materials
maintenance program

quit claim

Which of the following documents would be used to remove a cloud on the title?

deed

a legal document signed and sealed and delivered to effect a transfer of property and to show the legal right to possess it

deed of trust

Given by the debtor to a third party trustee, who holds the Deed of Trust until the loan is paid in full. IF the loan is not paid the trustee can do: (1) obtain a court order for a foreclosure sale of the property or (2) sell the property by himself at a public option.

2%

contractors general profit

CELA

who accredits architecture programs?

writ of execution

A ___ is a court order to enforce payment of a lien.

indemnification clauses

contractual obligation by which one party agrees to secure another against loss or damage from liability
One method of this is to obtain a promise form by the contractor that it will insure the owner/arch against liens/suits by a third party.

prompt pay act

Requires that the government make payments to the contractor within 30 days of the date of submission of an invoice or they have to pay interest

final payment and retainage

After punch list items have been inspected and the owner accepts the project the _ _ _ _ is released.

Sherman Anti-trust act

Based on federal court cases. Legislation allowing landscape architects to advertise their professional services

Davis-bacon Act

Requires mechanics and labors lo receive prevailing wage by the secretary

Role of CLARB

Assist state registration boards
Compile professional records
Develop L.A.R.E
Does not work with ASLA

Lose license

If the Landscape architect:
Singed and sealed drawings they didn't supervise
Mentally disable
Accepted compensation from supplier
Receiving payments for public statements with or disclosing to the public

Environmental impact statement/report

Detail the impact that a development will have on the environment and its surrounding areas
For federal funded projects/For state funded projects

Critical path method

Used by Project managers to effectively schedule work events for the duration of a projects
Most efficient way to construct a project

Writ of execution

a court order to satisfy a judgement in a civil case
Granted when the defendant refuses to pay and judgement may result in a levy against the defendant´s property

Public Land survey

Public record to determine value and ownership of a piece of land

Tax lien

A lien placed on a property for the failure of the owners to pay their taxes

Prevailing wage

Federally funded projects require that all employees of the project be paid _ _ (including salary, benefits and overtime) minimun

Pre-construction

Usually on the agenda for a _ meeting:
Permits, testing, duties, due dates.

Liquidated damages

An amount, stipulated in a contract, that the parties to the contract believe to be a reasonable estimation of the damages that will occur in the event of a breach.
Including missing a deadline

Substantial completion inspection

The punch-list is created during _ _ _

Deposition

Testimony given outside the court

Final payment

The maintenance and warranty period begin after _ _

Compensate contractor for maintenance

Two ways:
Allowance a retainage from final payment
Require that the contractor submit a separate price at time of bid

Final completion

After punch-list has been done and the contractor has completed the contract requirements.
Now the contractor can apply for final payment.

Punchlist

This happens during the inspection at substantial completion

The contractor

Who initiates the project closeout ?

substantial completion

When the project closeout initiates?

Change order

A written order to the contractor, prepared by the architect and signed by the owner, contractor, and architect, which authorizes a change in the work, the contract sum, or the contract time.

Professional liability insurance

How does a Landscape Architect protect itself from an employee who improperly designs something but it does not harm anyone

Professional liability insurance

commonly known as errors & omissions (E&O) in the US, is a form of liability insurance that helps protect professional advice- and service-providing individuals and companies from bearing the full cost of defending against a negligence claim made by a client, and damages awarded in such a civil lawsuit. The coverage focuses on alleged failure to perform on the part of, financial loss caused by, and error or omission in the service or product sold by the policyholder. These are causes for legal action that would not be covered by a more general liability insurance policy which addresses more direct forms of harm.

Performance specifications

-Results or performance of the finished product. The specs offer suggestions that may be employed to obtain the desire result
-Gives contractors most control
-used in situations where the intent is to replace existing conditions
-Remodeling, restoration or phased construction

Reference specifications

Standard specifications prepared by governmental agencies
Proven to work and be reliable
Is generally used to ensure that a product conforms to industry-accepted test criteria. Such test procedures are established by groups such as:
-AASHTO
-AWWA
-AITC
-ACI
-ASTM
-ANSI
-NFPA

AASHTO

American Association of state highway and transportation officials.

AWWA

American water works association

AITC

American institute of timber constuction

ACI

American concrete institute

ASTM

American society for testing materials

ANSI

American national standards institute

NFPA

National fire protection association

Proprietary specifications

Prepared by manufactures of materials, suppliers.
May be rewritten or edited
incorporated by reference

Right-of-way

Is a tract of land, usually consisting of a series of connected parcels of property, that is used for the operation of a highway or public utility. Right-of-way property is owned by either public or private firms

Lis pendens

"a suit pending," a written notice that a lawsuit has been filed which concerns the title to real property or some interest in that real property.

Base bid

Amount of money stated in the bid as the sum for which the bidder offers to perform the work required by the project documents. Does not include the work for which alternate bids are submitted
-Overhead
-Labor
-Equipment
-Site preparation
-Materials

Alternates

modifications to the base bid. Consist of changes in the structure of a project, changes in the quality of the material to be furnished, the inclusion of additional items of work, the deletion of specified work items.

Affidavit

Sometimes telling the truth isn't enough-you need to swear to it, in writing. An Affidavit is the legal way to swear that your statements are fact. You'll sign an Affidavit document in front of a notary public to finalize it. If you've been asked for an Affidavit, you're being trusted to tell the whole truth-and nothing but.

Time Is of the Essence Clause

(TOE) is language contained in a contract that specifies that a certain time or date is important. "the times and dates specified in this agreement are vital and mandatory to the contract". As a result, any delay might be grounds for canceling the contract. The owner can sue for liquidated damages

Substitutions

Bidders request to use different material than specified in the BID drawings and specifications
Approval results in an addendum sent to all bidders