L.A.R.E. Section 3 - Construction Documentation & Administration

the owner

initiates a given project and will have title of or dominion over the project when it’s completed

the contractor

hired directly by owner to perform construction labor

the consultant

hired directly by owner to evaluate client needs, provide expert advice, and provide design services

proprietorship

a business owned by an individual; organization and taxes are up to owner (can be discontinued whenever)

partnership

association of 2+ people to conduct business together as a single entity (generally with equal control)

articles of partnership

a formal document that contains rights, responsibilities, and obligations of each partner

3 types of partnership

• silent partners

• limited partnership

• joint ventures

silent partner

partner in a firm that is not active in regular business transactions and conduct of the company

limited partnership

person invests into the firm; liability for debts is no greater than the investment into the firm

joint venture

2+ firms join temporarily; usually for a single, fairly complex project

corporation

business is distinct from it’s owner who is generally not responsible for financial/legal decisions

clerk of works (3)

• verifies quantities of material delivered to the site

• confirms that work is carried our properly 

• confirms that health and safety rules are being followed

retainage

withheld payments from the contractor until all contractual obligations are fulfilled and the project is formally accepted; 5-10% of contract amount and is released upon final completion

the primary determinant of the width of a retaining wall’s footing

soil bearing capacity

fall zone

extends 6’ or more on all sides of playground equipment

arbitration

technique for settling contract disputes led by a 3rd party; renders a final, legally binding decision that cannot be repealed

addenda

formal changes or clarifications issued by the owner or the owner’s representative during the bidding period; are often a response to an RFI during the bidding period, but not always

change order

a formal document that modifies the original scope, cost, or schedule of a project after the contract has been signed

breakdown of technical specifications (3)

• general information

• product information

• execution

litigation

the legal process of resolving disputes related to a landscape architecture project through the court system

depth of isolation/expansion joints

full depth of concrete slab

CSI

Construction Specifications Institute

CSI division 2

existing conditions

CSI division 3

concrete

CSI division 4

masonry

CSI division 9

finishes

site protection plan

a plan or plans that protect natural resources on a project site, while also protecting sensitive areas adjacent and downstream of the project site and complying with local laws and codes

project manual

a single book or set of documents that contains all the relevant project documents in one place

items contained in a project manual (6)

• bidding documents

• general conditions

• sample forms

• schedule of drawings

• supplementary provisions

• technical specifications

cardinal changes

changes made outside the scope of the original contract

notice to proceed

a means of notifying the contractor that they have been awarded the contract and specifies the terms under which the contract (and thus construction activities) will begin

instructions to bidders

document that outlines the requirements necessary to prepare and submit a bid properly and provide detail guidance to bidders, including the process for the award of contract and the rejection of bids

construction management that is provided “at risk” (4)

• services are provided as an independent contractor

• the project must be completed by the established substantial completion date

• the project must be completed within the agreed upon budget

• the owner can be compensated for any work that does not conform to the contract documents

most comfortable seat height

16”-20”

minimum seat depth

18”

final completion

the last opportunity for all aspects of a construction project to be addressed (incl. lien releases and removal of all debris)

closeout items/procedures for a project (4)

• substantial completion

• punch list

• as-built drawings

• final completion

meeting agenda

are “templates” to a meeting; passed out prior to meeting

meeting minutes (4)

• date, time, location

• names of attendees

• notable and relevant statements

• is a task-oriented, high level summary of a meeting

contract

the legal document that sets forth the obligations of each party to the contract and specifies the duties and responsibilities of the entities that sign the contract

items that make a contract enforceable (2)_

• voluntary

• must not promote or engage in illegal activity

consideration (legal term)

the pledge to exchange something of value

the four basic contracting methods (4)

• the general contract method

• design-build

• the separate contracts method

• self performance

the general contract method

the owner hires a prime contractor and prime consultant separately. those primes can hire subs as needed

the design-build contract method

the owner hires a single firm to do both the design and construction services. this firm may hire subs as needed.

the separate contracts method

“multiple prime contracts”; all parties in direct contact with owner, owner has to manage project and work of all disciplines

self performance contract method

owner does entire scope of work without entering more contracts; owner’s employees responsible for whole scope of work

agency agreement

consensual agreement that allows an agent to act on behalf of the principal (principle is responsible for actions of agent) 

four ways in which an agency agreement can be terminated (4)

• death of either party

• deadline duration or completion of purpose established in the agreement

• bankruptcy

• fundamental changes to the agreement

estoppel

a principle by which a contract becomes binding in spite of the fact that no agreement was made between the parties concerned (court asserts that contract exists)

three techniques for contract dispute resolution (3)

• mediation

• arbitration

• partnering

mediation (3)

• voluntary method where parties come to a common agreement

• led by an unbiased 3rd party

• not legally binding (or therefore court enforceable)

arbitration

dispute resolution method where a 3rd party renders a final, legally binding, court enforceable decision that cannot be repealed

partnering

preventative process to address potential contract conflicts before they happen; regular team building with trained facilitator

comprehensive liability insurance

provides protection from 3rd party lawsuits, including property damage and bodily injury

professional liability (aka errors and omissions) insurance

protects a firm from claims of negligence or failing to perform professional duties (e.g. bad drawings)

builders risk insurance

protects the general contractor from any losses to the project during construction (e.g. fire)

certificate of insurance

proof that contractor or consultant has the insurance required for a project

lien

a legal claim placed on a property in response to an unpaid debt

mechanics lien

type of lien that permits workers and suppliers to claim property if they are not paid by the contractor

tax lien

a type of lien used by the government to repo property until tax on it is paid

eminent domain

the right of the government (or other public agency) to take private property and make it public (aka “condemnation”)

torts

private or civil wrong or injury independent of a contract and not criminal in nature

four conditions for tort to occur (4)

• one party must owe another party a duty

• there must be a breach in performance of that duty

• someone must be harmed in this breach

• there must be a clear relationship between the harm suffered and the breach

libel

published defamatory statements

slander

spoken defamatory statements

attractive nuisance doctrine

is related to trespassing and if trespasser is a child; if owner has something on their property that can hurt a child and the child gets hurt, the owner is responsible

negligence

failure of one person to exercise sufficient care or precaution to protect the health and safety of another person

contingent liability

an injured 3rd party is not affected by the contract between 2 parties (e.g. a person is injured by a contractor working on owner’s project); the person can sue the owner without having to understand the contract between the owner and contractor

statute of limitations

the maximum amount of time after an event in which legal action may be initiated against another party

0% complete

drawing not started, but sheet size and title block may be set

25% complete

drawing started, all elements in progress

50% complete

plans, sections, and details drawn; dimensions, notes, and callouts are missing or incomplete

90% complete

drawing complete, but has not been sent for QAQC

100% complete

drawing is complete and through QC

constructability reviews

an audit and review process in which the contract documents are reviewed to identify potential constructions related problems and suggest improvements for how to streamline and improve project construction; conducted prior to bidding phase

value engineering

entails the review of contract documents to see if construction costs and duration can be reduced while maintaining (or sometimes increasing) project quality; can occur during design phase or after bid is awarded

two items that construction documents are composed of (2)

• construction drawings

• technical specifications

three purposes construction documents communicated technical information (3)

• obtain accurate bids for construction

• obtain permits

• guide construction

six items that the construction contract documents are composed of (6)

• construction contract

• design drawings

• bidding documents

• general conditions

• supplementary conditions

• technical specifications

difference between drawings and specifications

drawings provide generic references and information, while specifications include specific or proprietary information (specifications prevail over drawings if conflict)

four reasons for coordination with other disciplines (4)

• ensure consistent and complete systems and design elements

• verify that the information provided by one discipline is supported by the others

• eliminating 2 or more items shown in the same location on plans

• pointing out areas with missing detail or information

elements that are established during the DD documents and carried over to the CD phase/documents (5)

• document set organization

• sheet layout and content (scale, drawing name and purpose, etc.)

• detail names and numbering

• drawing notations and conventions (symbols, keynotes, general notes, etc.)

• specification format and organization

general order of construction activities (8)

1. preliminary surveying

2. site protection

3. clearing, grubbing, and demolition

4. topsoil stripping and stockpiling

5. rough grading

6. finish grading

7. installation of site improvements

8. planting and seeding

preliminary surveying (construction activity)

the contractor verifies property boundaries, roadway geometry, limits of construction, other major dimensions, stock piling areas

site protection (construction activity)

tree protection (including temporary transplanting), erosion and sediment control, protection of any “ex. to remain” items

clearing, grubbing, and demolition (construction activity)

any and all ex. site elements are demolished, abandoned, or relocated per the demo plan

topsoil stripping and stockpiling (construction activity)

contractor removes and stockpiles all topsoil in areas that will be graded

rough grading (construction activity)

cut, fill, and grade site such that all subgrade surfaces are prepped, trenching for utils; within 6”-12” accuracy

finish grading (construction activity)

stake out and resurvey finish elevations of key elements; includes finer graded base material for hardscape and topsoil for plants; 1”-3” accuracy

installation of site elements (construction activity)

includes hardscape and pavement, surfaces, irrigation, lighting, and other furnishings/amenities

planting and seeding (construction activity)

plant trees, shrubs, and other plant materials, seed/sod, and cover all plant areas in mulch/groundcover per plan

what generally determines the order of documents in a CD drawing set based on discipline

order of construction

items contained on a cover sheet (9)

• set # (used with pricing and bidding)

• vicinity map (shows regional context)

• project location map (shows closer general context)

• general project information (team, owner, title, address, etc.)

• date of issuance (date the drawing set was released)

• project description (1-2 paragraphs of construction related topics)

• identification numbers (owners and LA project reference numbers)

• final sheets index

• licensure stamp and other authorizations

the general information sheet

a reference page to be used alongside other sheets

items typically included in the general information sheet (3)

• general notes (general standards, broad)

• abbreviations list

• graphic legend (defines line types, symbols, hatches, etc. that are all common to the set)

general notes (5)

• are the general standards for project, broad

• typically apply to all aspects of a project

• typically appear on general information sheet

• explicit and well-delineated

• provide information that is not in the specifications

series-specific notes

notes that typically appear on plan sheets that they are intended to address

criteria used for determining the extent of information in notes (5)

• notes are general

• notes outline general standards

• notes are not specifications

• notes are explicit and well-delineated

• notes on each sheet should be organized by general order of construction activities

format/order of technical specifications (3)

1. general

2. product/products

3. execution