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158 Cards in this Set
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- Back
Notice given to a property owner by subcontractors that states if bills are not paid in full for the labor, services, equipment, or materials that a certain legal action will be taken
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Preliminary Lien Notice
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Must be claimed within 90 days of the last labor has occurred in the case of a break
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Claim of Lien
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Must not be greater than the total contract price between the owner and the contractor minus the total payments up till filing
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Payment of Lien
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A written document from a contractor to the owner that releases said legal state
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Lien Release
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What are the six requirements for a contract to be valid?
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An offer and acceptance of that offer,
Must have consideration where something is bargained for in exchange for a promise All parties must have the capacity or legal ability to contract Both parties must be agreeable to the terms of the contract The subject matter of the contract must be legal Some contracts must be in proper form or must be in writing though courts will support an oral contract |
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A written statement where the contents are sworn to be true. Often given in place of testimony.
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Affidavit
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A situation where two disputing parties have their issue resolved by a third, impartial party
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Arbitration
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System of Law that is derived from judge's decisions rather than from statues or constitutions
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Case Law (Common Law)
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The process of verifying that a record is complete
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Certify
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The first actual commencement or construction on a site or the first delivery of substantial materials
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Commencement of Improvements
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Person who contracts to do all or part of the work and retains control of the means, method, and manner of accomplishing the work
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Contractor
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A sworn statement of a witness or other party in a judicial hearing
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Deposition
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A theory of tort law to explain the standard of care or the legal duty one owes to others
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Due Care
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This means a request to release surety bond
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Exoneration
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Refers to all or part of a construction project
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Improvements
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Those who share ownership of the property and/or improvements with the owner: absentee owners, lessees, and mortgages
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Interest Holder
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A privilege or right granted to a person by a state to practice the profession
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License
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The maximum amount for which an insurer is liable as set forth in the contract
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Limit if Liability
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A recorded legal document giving constructive notice that action affecting a particular party has been filed in state or federal court
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Lis Pendens
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The doing of an act in an improper, wrongful or unlawful manner
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Malfeasance
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A failure of a professional to act in accordance with the acceptable course of conduct, negligence of a member of a profession in a professional capacity
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Malpractice
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An informal means of trying to promote settlement of liability claim with a third party mediator who meets with the parties and tries to get them to agree on a settlement
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Mediation
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Performing a legal action in an improper way
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Misfeasance
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Used to describe the process of holding down a second job p usually during the houses after the primary job is completed.
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Moonlighting
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Failure ro exercise that degree of care which an ordinary prudent person would exercise under the same or similar circumstances
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Negligence
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A written request to a legal court for action
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Petition
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The amount of care expected of a normal reasonable person
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Reasonable Care
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The decision of an appellate court to send a case back to a trial court with instructions on how to correctly solve the case - often used with the term "reversed"
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Remand
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A set of sets that defines the maximum time for filing claims against professionals
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Statue of Repose
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Judgement entered when there is no genuine issue of material fact and a party is entitled to prevail as a matter of law
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Summary Judgement
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A private wrong, independent of contract and committed against an individual, which gives the rise to legal liability and is adjudicated in a civil court.
Examples: negligence, liability, public safety and welfare |
Tort
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Set of laws that serves to protect a person's interest in his or her bodily security, tangible property, financial resources, or reputation. Interference with any one of these interests is redressable by an action for compensation, usually in the form of unliquidated damages.
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Tort Law
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Type of bid where an underwriter submits a bid to the issuer.
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Competitive Bid
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Type of bid where there is one total price to complete all fo the work
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Lump Sum Bid
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Type of bid based on predetermined major items of work, the items quantities, and the contractor's price per unit
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Unit Price Bid
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Type of bid contract where, once agreed to, is not subject to adjustment of price
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Fixed Price Bid
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Type of bid/contract where the owner pays the cost of construction and a percentage fee to the contractor.
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Cost Plus Fee Contract
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Document that addresses the changes or modifications made to a contract and issued prior to the bidding process
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Addenda
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Process in which bidders request to use components other than the ones specified
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Substitutions
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Request included in the bidding documents that asks the contractor to provide an additional cost to add or deducts components
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Add-Alternate or Deduct-Alternate
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Written notice by the owner to the apparent successful bidder that the owner will sign the agreement
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Notice of Award
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Written notice by the owner telling the contractor to begin work per the contract
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Notice to Proceed
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What are the three main components of a bid document?
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Contract Form, Contract Conditions, Technical Specifications (CSI Format)
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Universally accepted document in the contraction industry that outlines the legal definitions of the elements in the construction process and the items that will be provided by the contractor
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AIA Document A201 - General Conditions of the Contract for Construction
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Document that provides the first basis for the construction cost control on a project
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G702
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Refers to the transfer of an obligation from one form to another.
Exp: Giving a portions of contracted work to a subcontractor |
Assignment
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Referes to the canceling of a prior action
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Negation
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A provision in a contract the requires a certain act to be done or a certain event to occur before the contract become binding
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Contingency
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What are the two types of general written warranties?
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Material Warranty and Labor Warranty
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Dispute where all parties agree to accept as final an arbitrator's decisions
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Binding Arbitration
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Dispute where all parties are free to not accept the arbitrator's decision and seek satisfaction through other means, including a lawsuit
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Nonbinding Arbitration
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Dispute where all parties agree to enter into a good faith negotiation through a neutral party in order to attempt to resolve their differences
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Mediation
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Modification to a construction design or contract involving the plans and specs or the contracted price or time
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Change Order or Change Directive
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Modification to a construction design or contract which provides for a change of contract provisions including additional work outside the scope of an original contract
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Contract Amendment
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What are the four main areas of field administration that are required of most landscap architects?
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Inspection, disputes, delays, stop work orders
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What are four main means of monitoring the completion progress of a project?
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Units of work completed, incremental milestones, opinion, and cost ratio
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An administrative level person who supervises the work of the on-site contractors
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Superintendent
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Person who is tasked with witnessing the on-site construction at all times
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On-Site Inspector
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Composed of project principles who meet of a frequent basis to identify, discuss and solve productivity and quality problems
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Quality Circle
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A qualified government representative authorized to inspect construction for compliance with applicable building codes, regulations, and ordinances.
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Building Inspector
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A stage of construction where the work is completed in compliance with the contract documents except for minor items that do not impair the owner from occupying and fully utilizing the project for its intended purpose
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Substantial Completion
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List of items to be completed or corrected by the contractor before substantial completion can be established
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Punch List
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A stage of construction where the work is fully completed per the contracto documents
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Final Completion
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A final inspection of a project before closing to look for and document problems that need to be corrected
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Walk-Through
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Refers to a period of time from the agreed upon starting date to the agreed upon substantial completion date
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Contract Time
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The date that a contract was actually awarded to a contractor
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Date of Agreement
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The date established in a written notice to proceed from the owner to a contractor
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Date of Commencement of Work
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A provision in a construction contract by the owner that expresses that punctual completion is a vital part of the contract performance and delays are subject to damages to the injured party. Most public projects employ this provision.
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Time is of the Essence
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Types of clauses included in contracts that encourage the contractor to complete the project in a timely manner and according to plans
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Schedule Controls
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A specific sum of money that is stipulated to be recovered for each day of delay in the delivery of a projects
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Liquidated Damages
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Refers to a certain percentage of the payment this is awarded to a contractor for finishing ahead of schedule
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Bonus
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Construction contract term for the funds that are earned by the contractor but not paid until some agreed upon date such as completion fo the job.
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Retainage
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A set of plans prepared by the architect and contractor after the facility or project is completed that show exactly how the project was constructed
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As Built Plans
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Issued by a local building official when a portion of the project meets all the building codes and is ready to be occupied
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Notice of Partial Completion
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Issued by a local building official when a project is 100% complete
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Notice of Completion / Certificate of Occupancy
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What percentage of a total bid needs to be the bid bond?
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5%
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Is the arbitration process open to the public?
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No
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Type of relationship where a person controls the overall performance and conduct of people. Submits recommendations to a client.
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Agent Relationship
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Type of relationship where someone must act in good faith and be obedient to another person. Personal interests are secondary.
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Master-Servant Relationship
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Type of relationship where someone has limited control of the overall conduct and performance of the people. Usually involves people with special skills.
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Employer - Independent Contractor Relationship
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When you are working on a project that's contract involves considerations you will...
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...work with the client in accordance with the terms of the contract.
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Employee benefits are what kind of cost?
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Payroll Cost (DPE)
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Sub-consulting fees and travel costs are what kinds of costs?
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Direct Project Expenses
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A variety of items that can be charged to the client are what kind of cost?
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Direct Project Expenses
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This type of cost represents the single largest cost to any billing
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Payroll Cost (DPE)
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This type of cost includes rent, promotion, and office costs
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General Overhead (GOA)
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This type of cost is typically the second largest cost item and does not add to the cost of running a business
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Billables
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What identify the items included in the bid documentation portion fo the "Bid Package?"
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Cost Estimates and Bid Tabulations
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If a landscape architect approves a request for payment that includes services that have not been performed yet...
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they are covered by errors and omissions insurance and therefore is held responsible
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Who is responsible for the accreditation of landscape architecture programs?
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ASLA
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How is a site plan different from a master plan?
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A site plan includes specifications
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Programming and market studies are usually performed in what phase of the project?
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Pre-Design Services
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What is a surety bond?
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Ways of protecting a owner against incompetence, irresponsible, or financially troubled contractors. Bid bonds, performance bonds, and labor and materials bonds are all surety bonds.
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A guarantee to the owner that the contractor will agree to the contract and perform all the work required if the bid is accepted.
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Bid Bond
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How much is a bid bond usually equal to?
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5-10 percent
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What is a bid bond used for by the owner if collected?
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To cover the expenses to negotiate with another contractor or to re-bid the project.
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A guarantee that the contractor will perform all of the work in a project
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Performance Bond
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Who is receiving protection by the use of bid and performance bonds?
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The owner
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What protects the owner from defective work by a contractor?
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Performance Bond
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How much is a performance bond usually set at?
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100% of the contract bid amount
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What options does a surety company have when fulfilling a performance bond?
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Completing or correcting work themselves and with the help of subcontractors or paying the owner the amount of the performance bond minus the value of the already completed work
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Who is provided protection by a Labor and Materials Bond?
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workers, subcontractors, and material suppliers
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If there is no materials and labor bond, who is responsible for supplier, worker, and subcontractor payment in the event that the contractor fails?
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The owner
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What are the contents of a contract called?
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Conditions and Terms
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What are the 12 main components of a contract?
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Project Description
Responsibilities Scope of Work Fees Liability Limitations and Insurance Requirements Effective Date Changes Termination Judicial Jurisdiction Arbitration Clarifying Use of Documents Signature |
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What is normally required of a client when entering into a contract with a consultant in terms of information?
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Project program and objectives, construction budget, and surveys etc
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Section of a contract that is used to outline the services to be provided by the contractor/consultant
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Scope of Work
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What are the two categories of services in a scope fo work
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Basic Services and Additional Services
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What are the basic servies of a scope of work?
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Project programming, schematic through final design, construction documents, and construction administration
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What are some additional services in a scope fo work?
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post-construction evaluation, display model building, marketing material design, landscape maintenance programming
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What part of a contract should include a project schedule completion dates or periods?
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Scope of Work (Scope of Services)
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Is it legal for an owner to use a landscape architect's drawings for whatever they want beyond the project they were designed for?
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No, the part of the contract clarifying use of documents gives the landscape architect a copyright on those documents
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What are the 3 standard basises for establishing fees in a contract?
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Percentage basis, fixed fee basis, multiplier basis
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What is a multiplier fee basis usually based on?
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direct salary and labor costs
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Who writes a "letter agreement contract?"
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The consultant
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What is another name for a Mechanics Lien?
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Labor and Materials Lien
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At what point in contraction is retainage release to a contractor?
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At final acceptance
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What are the four specification formats?
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Descriptive, Performance, Proprietary, Reference
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Type of specification that describes in a logical and thorough manner manner the materials needed and methods of their installation
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Descriptive Specifications
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Specifications that are used in situations where the design intent is to replicate existing conditions. Focuses on describing the end result and the method for verifying the standards for accepting these results
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Performance Specifications
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Specifications that are produced by a third party such as a material supplier
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Proprietary Specifications
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Specifications that are standards prepared by government agencies or other organizations
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Reference Specifications
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The Uniform Building Code is what type of specification?
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Reference Specification
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What information would be found in the instructions to bidders? |
1. A more detailed description of work 2. Instructions for submitting a bid 3. Product substitution information 4.How the job is awarded |
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What is the role of CLARB? |
To assist state registration boards, compile professional records and develop the LARE. |
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What reasons can a contract be terminated by a client? |
1. breach of contract 2. fraud 3. non payment of professional fees 4. hazardous site conditions 5. failure to pay subcontractors 6. contractor goes bankrupt 7. intentionally violates ordinances/laws |
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Partnership of two different firms for a length of a project or a set amount of time |
Joint Venture |
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What type of specifications instruct the contractor where to deliver and store all of the materials on site? |
General Specifications |
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A judicial order that a judgement be enforced |
Writ of Execution |
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True or False: A verbal contract always takes precedence over a written contract. |
False. A written contract always takes precedence unless it has not been agreed to by both parties. |
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Common expectations for professionals in which they can reasonably be held accountable |
Standards of practice |
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What can be grounds for a landscape architect to lose their license? |
-signing and sealing drawings they have not directly supervised the creation of -they become mentally disabled -accept compensation from a specific supplier to specify their product -making public statements without disclosing information to the public |
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What role does a landscape architect have as the construction administrator for the client? |
To protect the interests of the owner, evaluate the craftsman ship of the work performed and resolve any conflicts regarding the contract drawings |
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Who is responsible for safety on the construction site? |
The contractor |
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A covenant imposing a restriction on the use of land so that the value and enjoyment of adjoining land will be preserved |
Restrictive covenant |
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When working on a federally funded project, what is the minimum amount that contractors are required to pay their employees? |
prevailing wage |
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Who is responsible for hiring and paying subcontractors? |
The contractor |
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Real estate deed by which the seller only warrants or guarantees the title against defects in clear title that may have arisen during the period of its tenure or ownership of the property |
Special Warranty Deed |
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Deed where the grantor (seller) guarantees that they hold clear title to a piece of real estate and has a right to sell it to the grantee (buyer) |
General warranty Deed |
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legal instrument used to transfer interest in real property. |
Quitclaim Deed |
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Spoken or verbal defamation of character |
Slander |
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True or False: Slander is a civil wrong (tort) and can be the basis for a lawsuit. |
True |
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A published false statement that is damaging to a person's reputation. Written defamation. |
Libel |
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A modification of the specifications after a contract has been signed |
Change Order |
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What is the purpose of technical specifications? |
To provide quality and performance capabilities of the materials. Also to provide information on tests or inspections |
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What type of bond should a contractor secure in preparation of an upcoming bid? |
Surety Bond. (Bid Bonds are included with the bid proposal) |
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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 |
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What is included in the Public Bid Process? |
- a requirement for complete and thorough bids -specific advertising requirements -specific bid due dates and times -requirements to select the lowest bidder |
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What is an Environmental Impact Report used for? |
State funded projects |
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What is an Environmental Impact Statement used for? |
Federally funded projects |
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What is the purpose of a practice act? |
-to regulate those professionals who call themselves landscape architects -to protect citizens from unqualified professionals from providing services -to define a set of services that only a landscape architect can perform |
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Allows individuals to perform duties of a landscape architect, as long as they aren't referred as a landscape architect |
Title Act |
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What is included in a base bid package? |
-labor -materials -equipment -costs -overhead -profit -services -incidentals |
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Legal description for a parcel of land |
Metes and bounds |
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During construction, who should obtain general liability insurance? |
The landscape architect and the contractor |
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What form of law will govern the decision in a breach of contract case?
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Civil Law |
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What is the best format to set up a project schedule for small projects? |
Milestone schedule |
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Zoning ordinances are responsible for setting what requirements? |
Land uses and land use intensity |