question

breach of ethics

answer

places the professional's interest ahead of the client

question

subdivision regulations

answer

used to control the intensity of proposed development by limiting the site's size, location, proximity to other uses, density, and coverage

question

building codes

answer

refers to methods, materials, systems, strengths, minimum standards, and overall quality of development at a site

question

lot coverage limits

answer

used to control size of pavement or building coverage in relation to total site size

question

land use itensity

answer

limits a site's location and proximity to other adjacent uses. usually addressed by zoning codes that might include land use tables or lists of allowable, conditional, and prohibited uses

question

variance process

answer

used to formally acknowledge and address lot size or shape variation in relation to other similarly designated lots

question

appeals process

answer

used after a land use decision has already been made in hopes of changing a decision

question

arterial street

answer

used to carry the highest number of vehicles, usually at higher rates of speed in relation to other street types

question

collector street

answer

low-to-moderate-capacity road which serves to move traffic from local streets to arterial roads

question

boulevard

answer

normally a street with a landscape space in the center and at the edges, typically wider than a local street, not associated with any particular traffic capacity

question

capital improvement program

answer

a long-life major expenditure by a public agency. two or more programs would be considered a program

question

specific area plan

answer

a particular type of plan, authorized by california state law, that would include a capital improvement program/ project

question

local improvement district (LID)

answer

a defined area or zone with specified properties that benefit from a specific capital improvement project. has many local variations, such as the rural improvement district (RID), or utility improvement district

question

tort

answer

a wrongful act or an infringement of a right (other than under contract) leading to civil legal liability.

question

lien

answer

a formal written claim against the property record, for the value of work performed or materials provided

question

negligence

answer

referes to a duty not performed, omitted, or performed incorrectly so at to cause hard to a person or property; person fails to perform according to the norm expected of someone in that position. If a duty exists, substandard performance is proven, and damage occurs

question

impact

answer

the force or impression of one thing on another; not automatically a civil or private wrong or an injury involving a violation of private personal rights

question

statute of limitations

answer

the limit that sets out terms and times under which certain actions can be brought forward in court

question

performance conditions

answer

refers to specifications for construction work performance or material quality; define the intended outcome yet do not specify the details or process needed to deliver the requirement

question

prescriptive conditions

answer

refers to the manner in which an action is performed and is a second type of specification for construction work

question

misfeasance

answer

legal term that means a wrongful act; not associated with any particular time frame; related to a term related to a contract or private action

question

limited liability company

answer

a form of business organization that can protect a company's assets from creditors

question

trust

answer

a financial arrangement organized to protect and transfer assets, usually for favorable taxation purposes

question

mutual fund

answer

type of investment that includes several different securities (stocks, bonds, etc.), regulated and organized to be traded in an active market for the ease of purchase or sale

question

sole proprietorship

answer

used widely for consultant services, this form of business organization does not protect asses from creditors. A single individual or business owner

question

arbitration

answer

the process or action used to resolve contract disputes outside of the court system, usually with the use of a mediator or a neutral party to facilitate talks and record the resolution after it is reached

question

remand

answer

an order from a higher body to a lower body for a "do over: decision or action, usually with specific instructions on how to correct or change earlier decision

question

disavow

answer

repudiate, or reject as unauthorized

question

malfeasance

answer

an improper action by a public official

question

financial guarantee

answer

the general category of financial forms, typically issued by an entity other than the contractor, that ensures the owner or a municipal agency that the contract obligation for the monetary amount of the work will be met; often used to ensure performance of a municipal regulation; available kinds of guarantees are surety bonds, cash deposits, assignment of funds, and irrevocable letters of credit

question

surety bond

answer

contract among at least three parties: the obligee: the party who is the recipient of an obligation. the principal: the primary party who will perform the contractual obligation. a widely used form of financial guarantee made available by a financial firm

question

monetary policy

answer

a general banking or economic term that refers to an overall policy on the regulation of the flow of capital

question

financial plan / money purchase pension plan

answer

#1 refers to a formal document or established mechanism to accumulate assets, or a plan within which to invest assets

question

site-line traingle

answer

a setback at a street and driveway intersection that restricts anyone from placing view obstructions at the height of the driver's line of sight; generally located between 3' and 6' above ground for a specified horizontal distance related to street design speed

question

line of sight

answer

the vertical view corridor that might normally be 3 degrees, measured up or down, from the height of the viewer's eye

question

best management practices / active living program

answer

term used in documents to refer to pedestrians, yet neither form of regulation directly protects pedestrians at street and driveway intersections

question

time limits to perform services

answer

should always be in an agreement, to limit liability with regards to time of completion

question

jurisdiction / venue for dispute resolution

answer

should be included in contract documents, to make clear where and how the process of dispute resolution can be performed

question

basic services

answer

should always be included in an agreement, or in an attachment or exhibit made part of the agreement

question

LEED "silver" certification

answer

a program ranking based on a criteria set by a private organization to ensure high sustainability and ecological principles in site and building design

question

smart growth program

answer

might ensure high sustainability and ecological principles in site and building design (not a state or local law); a collaborative effort in the form of a political action coalition rather than a set of industry standards; it involves both public and private actions rather than industry design standards

question

growth management

answer

usually a state or local law to ensure high sustainability and ecological principles in site and building design

question

department of the interior

answer

a vast public land ownership as well as several branches, such as the national park service, and the bureau of land management, that require the skills of landscape architects in various roles, such as project management, design, and planning

question

territorial governments

answer

u.s. virgin islands, guam, marshall islands

question

summary judgement

answer

a type of decision or order made by a judge that ends a dispute between the parties in court

question

deposition

answer

routinely used to make statements before or outside of a hearing, when a party cannot attend or when detailed information needs to be recorded

question

affidavit

answer

a type of declaratory statement similar to a deposition, except that it is simply signed written (usually sworn) statement by an individual, not necessarily formally recorded by a court reporter

question

intellectual property

answer

the category of legal claim that pertains to copyrights and protection of the ownership of creative works, including the software used by nearly all private-sector professional offices providing landscape architectural services

question

moonlighting

answer

refers to professional work done by an individual in addition to his or her principal occupation. can result in risk exposure for the employee or employer. limits of liability can be extended to employers in certain instances

question

american nursery and landscape association

answer

a professional organization that publishes a widely used guide called American Standard for Nursery Stock

question

council of tree and landscape appraisers

answer

organization that is considered the leader for determining value of trees in court, whether the expert witness is a landscape architect, appraiser, or arborist

question

prevailing wages

answer

defined as the hourly wage, usual benefits and overtime, paid to the majority of workers, laborers, and mechanics within a particular area

question

landscape architect's responsibility

answer

report to the professional regulation board any activity that violates professional regulations, and be truthful about personal qualifications in his or her area of expertise

question

valid reason for landscape architect's license to be revoked

answer

mental or physical disabilities clauses are commonly found in most state laws, and such clauses enable licensing boards to discontinue licensure

question

major gifts

answer

given to secure future fees from prospective clients or to encourage loyalty from existing clients (not allowed)

question

liquidated damage clause

answer

addresses the penalty for late completion by the contractor, primarily for schedule control

question

common law

answer

a system of laws originally developed in england that result in decisions based on customs and usage rather than codified wirtten law; usually involve equity or specific instances that are not addressed by local codes

question

case law

answer

the law as established by the outcome of former cases

question

tort law

answer

in common law jurisdictions, is a civil wrong that unfairly causes someone else to suffer loss or harm resulting in legal liability for the person who commits the tortious act, called a tortfeasor

question

MIL SPEC's

answer

military unique specifications

question

administrative agency action

answer

a state board; part of the legislative, judicial, or executive branches

question

administrative practice

answer

the type of professional assistance needed to respond to such an action by a state board; each state has its own rules, and there is also a set of generally applicable national rules

question

clustering

answer

concentrates development in one area while avoiding another area

question

transfer of development rights

answer

a program or an agreement for relocation of residential density, possibly including the right to transfer development offsite to another property

question

capital improvement project

answer

a short-range plan, usually four to ten years, which identifies capital projects and equipment purchases, provides a planning schedule and identifies options for financing the plan

question

buffers

answer

can mitigate a wide variety of potential wetland impacts, such as sediment laden runoff that affects water quality or quantity, water level fluctuations from changes in runoff, wildlife predation or disturbance from domestic pets, and construction equipment damaging vegetation or compacting soils

question

right of way

answer

refers to a method of controlling owership of a particular type of site development

question

abatement

answer

the action that would be taken against a property owner to enforce code compliance; authorizes removal of an improvement not allowed by code; in some cases costs are eventually paid by the property owner after a lien is filled on the property records

question

negation

answer

refers to repudiation, or canceling a prior action

question

assignment

answer

refers to transfer of an obligation or contract from one person or firm to another

question

addendum

answer

used for a directive to change an agreement

question

guaranteed maximum upset, billed hourly

answer

the form of fee arrangement used to ensure a client that the scope of a project will be billed at the actual number of hours, up to a maximum limit that the consultant will guarantee not to exceed

question

percentage of construction cost

answer

a method of fee arrangement based on a portion of the project costs set by an estimate or actual bids

question

percentage of prime consultant fee

answer

method based on a proportion of the project costs, set using the prime consultant's cost, set using the prime consultant's fee amount in some percentage as the subconsultant fee. does not ensure that the scope requirement will be met for any maximum fee.

question

cost plus fixed fee

answer

1. method uses consultant's actual costs plus a negotiated lump-sum fee; does limit some expenses (the fixed fee portion) to a client, it does not limit the overall cost of services delivered to the client 2. Profit is separated and guaranteed.

question

assignment with a right of survivorship

answer

a contract's ability to remain in force after one main party is no longer available or eligible to perform; the contracts provision extends the life of a contract agreement beyond one or more of the original contract parties, to their heir or successor

question

assignment of funds / cash deposit / surety bond

answer

financial guarantees routinely available from banks and insurance companies; used in the private and public sector to ensure that work can be performed by the contracting parties under an agreement, for the amount that is estimated or set for the work

question

architectural / engineering / planning (A/E/P) firm

answer

consists of professional services consultants, including landscape architects. would not be expected to include contractors or builders

question

petition with the clerk of court

answer

the first ministerial action to start a construction claim in a court system

question

liability reform measures

answer

typically require that the party seeking relief first obtain a certificate of merit prepared by another independent professional

question

short list

answer

a document of qualified consultants or contractors, and is used in the process of awarding a contract for a project; provides fair and equal treatment to all parties, yet uses past experience in a particular area of expertise as a primary factor in the decision among the likely finalists

question

support sheet

answer

an abbreviated or expanded note sheet for bidding

question

request for proposal (RFP)

answer

method of locating and evaluating one or more potential subconsultants, such as the soil engineer or irrigation designer, for a federal or private project; does not refer to construction payment responsibility regulations

question

request for information (RFI)

answer

an interrogatory method that can be established by the project manager, a client, or a consultant as a means of formally requesting information during a consultant selection process, during a project, or during construction. although this exists for both minority business enterprise and women-owned business enterprise (WBE) firms, these two kinds of lists are used only where required by federal, state, or local regulations, and their use is not standard practice; overall goal is to ensure that an equatable distribution of consultant work will be performed by all firms, including those determined to be disadvantaged

question

lease agreement

answer

agreement between a tenant and a property owner

question

construction agreement

answer

agreement between a contractor, subcontractor, as well as an owner and contractor

question

70%

answer

percentage of litigation that arises from miscommunication

question

30%

answer

percentage of litigation that arises by actions or third parties and consultants

question

construction safety

answer

normally not the responsibility of the architect's at a jobsite

question

performance bond

answer

a type of surety bond that offers a financial guarantee, specifically to ensure performance of work

question

substantial completion or final inspection

answer

project must be substantially complete, usually excluding minor punchlist items. a final inspection would normally be required before making a request to release the surety bond

question

bidder's instructions

answer

refers to documents that are not part of the technical qualifications yet are added to the front of the project manual, which includes the technical and general specifications; time and place to submit a bid; invitation to bid and the bid form

question

supplementary conditions / special conditions

answer

part of the project manual (also called the contract documents), which modifies the general conditions. do not normally modify technical specifications

question

clients

answer

the largest single of litigation claimants; over 70% of all claims

question

mechanic's lien

answer

include material liens, contractor liens, and consultant liens.

question

construction lien

answer

includes all of the categories that supply labor, materials, or services

question

lis pendens

answer

a legal term that means notice of pending litigation

question

statute of limitations

answer

the maximum time limit to pay a claim (civil) or provide punishment (criminal); can be included in specifications or in an agreement to control the potential for financial claims against a landscape architect consultant due to an error on the construction plans

question

statute of repose

answer

describes the set of laws used to define the maximum time period for filing claims against professionals; not necessarily a limit on the number or type of claims, just a limit on the time period within which to file a claim

question

angle of repose

answer

the maximum incline at which soil will remain in a stable position

question

indemnification

answer

to compensate that party for loss or damage that has already occurred, or to guarantee through a contractual agreement to repay another party for loss or damage that occurs in the future; limits third-party claims

question

hearsay

answer

third-party information, and is normally limited by rules of evidence, public opinion is excluded or might be relevant only in limited situations, and anecdotal statements are less important than expert witness testimony

question

project liability control clauses:

answer

claim mediation, the clients agreement to waive claims up to a limit, and indemnification

question

american society for testing and materials

answer

widely used to define attributes for construction materials and are the standards primarily used in construction

question

allied professionals

answer

state registered professions that are most similar to the practice of LA; Traditionally includes licensed architects, professional engineers, land surveyors, professional planners, and interior design services

question

Building inspector

answer

Assist builders, contractors, and owners by ensuring that construction projects meet building regulations and codes of practice. Make on-site inspections during building work, checking that proper methods and materials are used which is reported to proper authority.

question

Contractor

answer

An individual or company licensed to perform a defined scope of work on a construction project and agrees to furnish labor, materials, equipment and associated services to perform the work for a specified price

question

General contractor

answer

Responsible for the execution, supervision and overall coordination of a project Hires specialty contractors for such tasks, e.g. electrical, plumbing

question

Specialty contractor

answer

Licensed to perform a specialty task e.g. electrical, side sewer, asbestos abatement

question

Subcontractor

answer

Works for another general contractor

question

Trade Contractor

answer

Specializes in providing/installing specific elements of the overall construction requirements of a project

question

License

answer

refers to state licensing of individuals who have successfully met education, training, and formal examination requirements that indicate their competency to professionally practice landscape architecture. A license gives the legal right to practice in the certification area and a legal responsibility for the work projects.

question

State Landscape Architect Board

answer

1. Adopt necessary rules 2. Set standards for licensure 3. Adopt mandatory standards of professional conduct 4. Investigate and discipline unauthorized, negligent or incompetent practice 5. Act as an arbiter in a dispute between a LA and a member of the public.

question

Council of Landscape Architecture Registration Boards (CLARB)

answer

National coordinating agency that was formed in 1961 that set guidelines for LA to guide state boards involved in licensing LA to practice.

question

Title Act

answer

1. No unqualified individual may call themselves a LA 2. An individual may still perform the work of a landscape architect but not identifies themselves as a landscape architect.

question

Practice Act

answer

1. Prohibits an unqualified individual from calling themselves a LA and from practicing the profession 2. Strongest form of regulation to ensure the protection of the public health, safety, and welfare

question

Sunset law reviews

answer

the periodic review of state agencies that exercise the state's regulatory authority over occupations. Agencies are terminated by specified dates unless their life is extended by legislative action

question

Reciprocal licensure

answer

1. Policy which acknowledges and accepts credentials awarded by another authority or jurisdictions 2. Allows a landscape architect to serve a client in another state

question

Administrative Hearing

answer

Proceeding in which evidence is taken for the purpose of determining an issue of fact and reaching a decision on the basis of that evidence May take place outside the judicial process, before officials who have been granted judicial authority expressly for the purpose of conducting such hearings. (Landscape Architecture Board)

question

change order

answer

1. Process to change the work after the contract is signed 2. Written modification of the contract that affects the cost and schedule 3. Signed by owner, contractor and designer 4. Role of the Owner

question

consensus decision making

answer

1. process used to discuss a group's key individual concerns to ultimately achieve a defined purpose or outcome. 2. Does not limit umber of applicable participants. 3. utilizes a facilitator to ensure each participant viewpoint is heard

question

project manager

answer

1. Qualified individual or firm authorized by the owner to be directly responsible for the dayto- day management and administration, and for coordinating time, equipment, money, tasks and people for all or specified portions of a specific project. 2. Review the work of others on his staff

question

LA specific duty

answer

observe construction process

question

Responsibility to the Public

answer

1. Make every reasonable effort to protect the safety, health, property, and welfare of the public. 2. Comply with all federal, state and local regulations 3. Inform the employer or client of the possible consequences when the licensee's professional judgment is overruled under circumstances where the safety, health, property, or welfare of the public is endangered

question

client liason

answer

acts as an intermediary between the company or agency and the client to meet the client's need for information, support, assistance, reports and training. The liaison helps the company understand the customer's needs, expectations or difficulties.

question

employment agreement

answer

a document that both you and your employee sign that dictates the terms of your professional relationship

question

request for proposal

answer

a document that solicits proposal, often made through a bidding process, by an agency or company interested in procurement of a commodity, service or valuable asset, to potential suppliers to submit business proposals.

question

scope of services

answer

helps define what services you expect to receive. Also called a scope of work, this document details when the services are required 2. included in a contract 3. sets the stage for consulting firms to determine personal needs

question

work plan

answer

1. an outline of a set of goals and processes by which a team and/or person can accomplish those goals, and offering the reader a better understanding of the scope of the project. Work plans, whether used in professional or academic life, help you stay organized while working on projects. 2. the basic document for a strong project management system

question

estimate

answer

an educated guess of income and expenditure for a set period of time.

question

clarb

answer

1. responsible for securing and monitoring the registration of landscape architects. 2. an organization representing the state registration boards of landscape architects

question

title act

answer

prohibits unqualified individuals from calling themselves landscape architects. may still perform the work of a landscape architect.

question

practice act

answer

prohibits unqualified individuals from calling themselves landscape architects. may NOT perform the work of a landscape architect.

question

lare

answer

the national exam

question

reciprocity

answer

agreement between states for individuals to obtain licenses in another state

question

Sunsetting

answer

periodic review of licensing laws

question

To perform landscape architectural services in a state (ex: CO, NH, VT and ND) you must

answer

1. be a registered landscape architect 2. be a licensed landscape architect

question

bid process order (example)

answer

1. addenda 2. bid tabulation 3. notice of award 4. contract signing

question

bid tabulations

answer

show the amount bid by each bidder for each pay item in a contract. They are posted as soon as the Contracting Officer certifies that a bid tab accurately reflects the bids received and publicly opened.

question

notice of award

answer

the legal document issued to notify the grantee that an award has been made and that funds may be requested from the designated HHS payment system or office.

question

contract signing

answer

you're agreeing to the terms within, including, of course, what end of the bargain you're holding up.

question

certification of payment

answer

document verified by an architect, engineer, or owner of a construction project that the noted work has been completed and is approved for payment by the general contractor.

question

field order

answer

written instructions for making a minor change in a contract not involving an adjustment to the contract amount or any change in the its completion time.

question

bid bond

answer

1. issued as part of a supply bidding process by the contractor to the project owner, to attempt to guarantee that the winning bidder will undertake the contract under the terms at which they bid. 2. 5-10% of the total contract cost.

question

notice to proceed

answer

letter from a principal (client or owner) to a contractor stating the date the contractor can begin work subject to the conditions of the contract. The performance time of the contract starts from the NTP date.

question

change order

answer

a substantial alteration of the construction contract?

question

purpose of a bid bond

answer

to discourage frivolous bids; usually 5-10% of the total contract amount

question

payment bond

answer

to assure suppliers and subcontractors are paid by the contractor

question

advertisement to bid

answer

basis on which the bids will be judged

question

reasons for bid rejection

answer

1. the bid is received and stamped two minutes after the advertised due time and day. 2. bonding requirements are not met 3. the bid form included in the bidding documents is altered

question

slander

answer

spoken untrue defamatory statement

question

strict liability

answer

liability that does not depend on actual negligence or intent to harm.

question

intentional misrepresentation

answer

states a material fact known to be false that another believes and is harmed

question

libel

answer

written untrue defamatory statement; communicated in writing, to a third person, a false statement about a person who was harmed by that statement

question

joint liability

answer

all sums, a claimant may pursue an obligation against any one party as if they were jointly liable and it becomes the responsibility of the defendants to sort out their respective proportions of liability and payment.

question

arbitration process

answer

1. not open to the public; a time-tested, cost-effective alternative to litigation. Arbitration is the submission of a dispute to one or more impartial persons for a final and binding decision, known as an "award." Awards are made in writing and are generally final and binding on the parties in the case. 2. described in the professional services contract

question

agent with fiduciary responsibility

answer

having the legal power to bind the principal to the decisions you make with a third party

question

agent relationship

answer

controls overall conduct and performance of people. submits recommendations to the client.

question

master-servant relationship

answer

must act in good faith and be obedient to the person. personal interests are secondary.

question

employer-independent contractor relationship

answer

has limited control of the overall conduct and performance of the people. involves people with special skills

question

formal capacity of an agent for a client

answer

1. approve dimensions and layouts 2. insist specifications be allowed 3. approve applications for payments

question

scheduling

answer

relates to timing of performance

question

dispute resolution

answer

discusses issues related to the mediation and arbitration

question

owner's responsbility

answer

includes such items as controlling construction costs; definition of final program requirements

question

design professionals responsibility

answer

refers to the design process; involves decisions related to designs

question

methods of compensation

answer

references reimbursable expenses

question

subsurface rights

answer

rights to the earth below the land, and any substances found beneath the land's surface. Mineral rights are a type of subsurface right.

question

air rights

answer

a type of property interest in real estate, referring to the "space" above land on the earth's surface. Generally speaking, owning or renting land or a building gives one the right to use and develop the space above the land.

question

land support rights

answer

Lateral and subjacent support, in the law of property, describes the right a landowner has to have that land physically supported in its natural state by both adjoining land and underground structures.

question

water rights

answer

An owner or possessor of land that abuts a natural stream, river, pond, or lake is called a riparian owner or proprietor. The law gives riparian owners certain rights to water that are incident to possession of the adjacent land.

question

two issues with excavations on a property

answer

land form maintenance and subsurface rights

question

scope of services items

answer

1. description of work 2. fee and products 3. breakdown of work items into phases with corresponding fees for each phase 4. meetings and deadlines 5. work plan and detailed budget

question

qualification statement

answer

an important document for companies that are bidding for contracts or trying to win new customers. The document sets out a company's capability for supplying a product, providing a service or handling a project

question

product budget includes

answer

1, schedules 2. tasks 3. hours 4. deadlines 5. overhead

question

task analysis

answer

items would you discuss with the client

question

project chart

answer

Used to: 1. maintain quality work 2. monitor production activity 3. manage sub-consultant activities 4. helps to reduce administration costs

question

bar chart

answer

1. most commonly used for the typical projects in landscape architectural office 2. a chart that presents grouped data with rectangular bars with lengths proportional to the values that they represent

question

milestone chart

answer

designed to allow you to specify significant events that are to occur during the course of your business plan.

question

Critical Path Method (CPM)

answer

1. helps you to plan all tasks that must be completed as part of a project. They act as the basis both for preparation of a schedule, and of resource planning. 2. trying to integrate, sequence and schedule tasks and activities for a complex project, in a manner that will involve everyone and that will be easy to read

question

utilization rate

answer

used to determine the efficiency of an employee

question

project management documents:

answer

1. work plan 2. scope of services 3. time sheet

question

primary goal of a 'Project Management System'

answer

create an environment that benefits the production and design process

question

project accounting includes:

answer

1. telephone logs 2. expense reports 3. time cards

question

Increase Contract Flexibility

answer

break down the bid schedule into a series of items, each of which must have a unit price

question

contract

answer

a contract must be between two or more sane people

question

consideration

answer

you will work with the client in accordance with the terms of the contract

question

unit price bid

answer

1. with a unit price bid it is harder to add or delete items to the project 2. easier to evaluate

question

certificate of payment

answer

document which must be signed by the landscape architect

question

parts of a 'contract between contractor and owner'

answer

1. scope of services 2. change orders 3. addenda

question

A 'certification of payment' contains information from which of the following documents?

answer

Change Orders

question

punch list

answer

Identifies items to be corrected

question

Certification Of Substantial Completion

answer

precedes final approval of a project to meet client satisfaction; leads to release of bonds

question

Shop Drawings

answer

represents specialized documentation of details, by contractor

question

Field Observation Reports

answer

1. Provides a record of the construction activity 2. good record for potential disputes about the construction activity

question

Direct Project Expenses

answer

1. include such items as sub-consulting fees and travel costs 2. refers to a variety of items that can be charged to a client

question

payroll costs (DPE)

answer

1. represents the single largest cost In any billings 2. includes employee benefits

question

general overhead (GOA)

answer

includes rent, promotion and office operation costs

question

billables

answer

typically the second largest cost item and does not add to the cost of running a business

question

decrease non-chargeable time

answer

the best way to reduce overhead costs is to

question

pitfalls of opening a new firm

answer

1. lack of adequate financial reserves 2. a poorly defined business plan 3. lack of experience in areas of marketing, regulation and contracts

question

bid package includes:

answer

1. cost estimates 2. bid tabulations

question

purpose of a 'field observation report'

answer

keep a record of conditions, progress, elements and construction activity

question

'certificate of substantial completion' is completed by

answer

1. the contractor 2. the landscape architect

question

approval of the 'substantial completion form', the contractor is

answer

is released from the various bonds

question

errors and omissions insurance

answer

provides protection for your professional services business from claims of negligence or failing to perform your professional duties.

question

binded contract

answer

1. there must be mutual consent 2. must be provisions for consideration 3. all parties to the contract must sign the contract

question

American Society of Landscape Architects

answer

1. responsible for the accreditation of landscape architecture programs 2. members must be involved in the public, private or academic practice of landscape architecture

question

S.O.S.

answer

1. "scope of services" 2. it is a detailed description of tasks 3. sets the stage calculating the project budget and determining production hour needs

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site plan

answer

1. includes plan specifications

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scope of services

answer

provides a detailed description of each task

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Request for Proposal

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Initiated by the Client

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Sequence of Documents to be produced (example):

answer

1. RFP 2. Qualification Statement 3. Scope of Services 4. Contract 5. Work Plan

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S.O.S. Includes:

answer

1. Schedule of Completion 2. Client Involvement 3. General Production of Work 4. Identification of Product

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isopach chart

answer

Illustrates task interrelationships and important task interfaces.

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Bar Chart

answer

Simple and can show hours completed as well as duration of tasks

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Wall Chart

answer

Simplest form of project management chart

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C.P.M.

answer

Complex system that encourages active participation by all team members

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Milestone Chart

answer

Simple, does not show relationships

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lump sum

answer

1. Use when a project is clearly defined, is simple and with which you have considerable experience. 2. Encourages efficient management

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retainer

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Type of fee incorporated with other fees that can be used to cover up front expenses

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hourly rate times a multiplier

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Usually used for open ended and hard to define projects

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determining 'schedule status'

answer

determine the amount of work completed and compare it with the estimated progress as a percentage of the total work to be completed

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joint venture

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formed to create, from a legal standpoint, a single firm to do the work

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CSI

answer

a non-profit industry association that promulgates the most widely used specification referencing system

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CPSC

answer

Consumer Product Safety Commission 1. required by the consumer product safety act to rely specifically upon voluntary concensus for its consumer product safety standards, rather than promulgate to its own standards.

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AWPA

answer

American Wood Presververs Association 1. non-profit organization that has been responsible for promulgating industry wood preservation standards since in 1904

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AWWA

answer

American Water Works Association 1. internation non-profit scientic and educational society dedicated to the improvement of drinking water quality and supply

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ASTM

answer

American Society for Testing and Materials 1. widely used to define attributes for construction materials and are the standards primarily used in specifications

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Design / Build Firm

answer

a professional business established to deliver both design and construction services. each state has its own adopted administrative rules regulating design/ build firms.

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shop drawings

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a process which addresses the need for more detail from a fabricator or supplier than the specifications or the drawings can provide.

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FF;E

answer

Furniture, Fixtures, and Equipment

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force allowance/ cash allowance

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a purchase amount for miscellaneous items that cannot be specified during the bid stage

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administrative hearing

answer

proceeding in which evidence is taken for the purpose of determining an issue of fact and reaching a decision on the basis of that evidence May take place outside the judicial process, before officials who have been granted judicial authority expressly for the purpose of conducting such hearings. (Landscape Architecture Board)

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role of the owner

answer

• Provide evidence of the ability to pay bill • Provide drawings with the description of the physical characteristics of the job • Provide three copies of the drawings and project manual free of charge • Make work area available at reasonable times • Provide adequate space for materials and equipment • Supply temporary utilities • Provide vertical transportation to complete the job • Authorize work stoppage if work is not in compliance with the contract • Give a written notice to contractor to correct actions • Carry out the work upon contractor failure to do so • May perform work on own project with own work force • May permit other contractors to do certain work on owner's project • Provide obstacle free storage and work area and route • Provide space and necessary equipment for the FF&E to be delivered, unloaded, prepped and stored • Provide a schedule that is firm for the use of facilities to unload and transport the FF&E • Inspect and verify that the FF&E order delivered is correct and free from damage • Ensure security and safety of FF&E from the time of delivery to the final acceptance • Refuse to accept order if found to be defective at a later date. • Comply with critical agreed upon schedule dates • Accept responsibility for any loss to the contractor for failure to comply with agreed upon critical schedule dates • Issues a change order Process to change the work after the contract is signed Written modification of the contract that affects the cost and schedule Signed by owner, contractor and designer

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role of the contractor

answer

• Conduct presite inspection before delivery and installation • Inform designer in writing if contractor notices nonconformity to stipulations in contract documents (otherwise will be responsible for cost to correct problems) • Execute contract • Develop, provide, and update schedule for owner's and designer's information • Select non objectionable delivery route of FF&E • Notify owner of special equipment needed to deliver and install FF&E • Do all necessary work to install the FF&E which includes any cutting, fitting and patching • Acquire written permission from the owner to alter the work of other contractors • Coordinate schedule with other contractors • Include an indemnification clause • Provide job site safety • Account for contractor's employees • Account for subcontractors • Avoid use/and/or damage to adjoining property • Correct designer recommendations that do not comply with contract documents • Not required to verify that the contract documents meet building codes, ordinances and any other local regulations • Not responsible for damages caused by the owner or designer

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mechanic's lien

answer

• A right given by statute to certain persons - typically suppliers, laborers, architects, etc. - who perform services improving real property. • If they are unpaid, they may file a claim against the property and force the owner to pay even if the owner has already paid a prime contractor for their goods and services.

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Preliminary lien notice

answer

• Given to the property owner of a specific project by the subcontractors and any person or company furnishing services, equipment or materials to that project • States if bills are not paid in full for the labor, services, equipment, or materials furnished or to be furnished, a mechanic's lien leading to the loss, through court foreclosure proceedings, of all or part of the property being so improved may be placed against the property even through the owner has paid the prime contractor in full

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Claim of lien

answer

• Usually must claim within 90 days after the last labor or material is supplied by a lien claimant

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Payment of lien

answer

• Not greater than the total amount of the contract price between the owner and the contractor, less the amount of payments made, if any, prior to the receipt of a copy of the lien by the owner.

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Lien release

answer

• A written document from the contractor to the owner that releases the Lien, Mechanic's or Material following its satisfaction

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Lien waiver

answer

• Written document from a contractor, subcontractor, material supplier or other construction professional(s), having lien rights against an owner's property, relinquishes all or part of those rights.

question

Valid Contract consist of:

answer

• Usually consists of an offer and an acceptance of that offer • Must have consideration which is something bargained for and given in exchange for a promise. • The 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. Even though courts will enforce an oral contract, some categories of contracts must be in writing to be legal

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Affidavit

answer

A written statement in which the facts stated are sworn or affirmed to be true.

question

Arbitration

answer

a contractual provision whereby those bound to it give up their right to go to court and instead have any disputes underlying the contract resolved by an "arbitrator" or "arbitration panel."

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Case law (Also known as Common Law)

answer

1. A system of law that is derived from judges' decisions (which arise from the judicial branch of government), rather than statutes or constitutions (which are derived from the legislative branch of government) 2. All Canada except Quebec and all of the United States except Louisiana follow.

question

Certify

answer

Process of verifying that a record is complete

question

Commencement of improvements

answer

First actual preparation or construction on the site, or the first delivery to the site of substantial materials.

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Contractors

answer

Person who contracts to do all or part of the work and retains control of means, method, and manner of accomplishing the work

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Deposition

answer

A sworn statement of a witness or other party in a judicial proceeding

question

Due Care

answer

A theory of tort law to explain the standard of care or the legal duty one owes to others; what a reasonable person would do under like circumstances

question

Exoneration

answer

This means a request to release the surety bond

question

Improvements

answer

Refers to all of or a part of the construction project. The statutes liberally define improvement as "any building, wharf, bridge, ditch, flume, reservoir, well, tunnel, fence, street, sidewalk, machinery and all other [applicable] structures or superstructures."

question

Interest holder

answer

Those who share ownership of the property and/or improvements with the owner Includes: absentee owners, lessees, mortgagees (loan institutions or individual lenders)

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License

answer

A privilege or right granted to a person by a state to practice a profession.

question

Limit of Liability

answer

The maximum amount for which an insurer is liable as set forth in the contract.

question

Lis Pendens

answer

A recorded legal document giving constructive notice that an action affecting a particular property has been filed in either a state or a federal court.

question

Malfeasance

answer

The doing of an act in an improper, wrongful, or unlawful manner

question

Malpractice

answer

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

question

Mediation

answer

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

question

Misfeasance

answer

Performing a legal action in an improper way

question

Moonlighting

answer

Used to describe the process of holding down a second job, usually during hours after the primary job is completed

question

Negligence

answer

Failure to exercise that degree of care which an ordinary prudent person would exercise under the same or similar circumstances

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Original contractors

answer

Most state lien laws define original contractor as a contractor who has a contractual relationship with the owner. Commonly, the general contractor is the only one who has a direct contract with the owner.

question

Owners

answer

Person who is, or claims to be, the owner of the land a portion of the land on which preparation or construction is performed Person who entered into a contract for the purchase of an interest in the land or improvement being charged with a lien Person who has a valid existing lease (lessee) on land or an improvement and who, on the basis of that lease, possesses an interest in the land or improvement

question

Petition

answer

A written request to the court for legal action, which begins a court case

question

Reasonable Care

answer

The amount of care expected of an ordinarily prudent person under the same or similar circumstances

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Reasonable care and skill

answer

This generally means that any work done must be at least as good as the work of a competent person with average skills and experience in the type of work required.

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Remand

answer

The decision of an appellate court to send a case back to the trial court with instructions on how to correctly decide the case; often used with the term "reversed."

question

Standards of Practice

answer

Guiding principles by which licensee's conduct their day-to-day responsibilities within their scope of practice.

question

Statue of repose

answer

Set of laws used to define the maximum time period for filing claims against professionals.

question

Subcontractors

answer

Not original contractors because they do not have a contract directly with the owner

question

Summary judgment

answer

Judgment entered when there is no genuine issue of material fact and party is entitled to prevail as a matter of law.

question

Statute of Limitations

answer

The time limit within which a civil or criminal action may be brought after its cause arises.

question

Tort

answer

A private wrong, independent of contract and committed against an individual, which gives rise to a legal liability and is adjudicated in a civil court.

question

Tort law

answer

Tort law serves to protect a person's interest in his or her bodily security, tangible property, financial resources, or reputation. Interference with one of these interests is redressable by an action for compensation, usually in the form of unliquidated damages. The law of torts therefore aims to restore the injured person to the position he or she was in before the tort was committed (the expectation or rightful position principle).

question

Notice to Contractors

answer

• Shown in the project's specifications • Provides contractors with the bidding procedures

question

How a contract bid is prepared

answer

• The contractor obtains a copy of the plans and specifications from the owner in order to prepare a formal estimate of the construction cost or bid (experienced construction personnel prepare the bids). • The contractor reviews the contract plans and specifications to determine how to build the project and to consider all the limitations or conditions the owner requires for the project. • The contractor solicits bids from subcontractors, estimates their direct material and labor costs, and evaluates the ultimate profit potential of the contract. The amount of the bid covers the estimated costs and a profit for the construction project. • The owner evaluates all of the submitted bids and then awards the contract. • The contract document and specs contain the project start and completion dates, the progress billing procedures, the insurance requirements, and other pertinent information. • The preparation of a bid is the first step in the cost control system of a construction project. The agreed-upon bid price then becomes the budget by which the actual expenditures are measured and drawn against. The object of a cost control system is to provide the general contractor and/or owner with information regarding actual project costs versus the anticipated or budgeted costs. These cost comparisons become essential for internal control purposes.

question

Cost estimating manuals

answer

1. Guides that contain a compilation of cost data for each phase of construction. 2. For both union and non-union wage rates 3. Used by subcontractors for specialty construction.

question

Estimators

answer

1. Use working drawings and specifications to estimate the project's construction costs. 2. Use subcontractor's and the material supplier's information

question

General contractor own bank of information

answer

1. to estimate of labor and material costs. 2. Gathers all the information from his estimators and subcontractors 3. Adds in an amount for overhead and profit

question

Final cost estimate for competitive bidding

answer

1. Broken down and organized by the construction divisions shown in the specifications. 2. Further detailed by trade and by item.

question

Competitive Bid

answer

1. A process whereby an underwriter submits a sealed bid to the issuer 2. The issuer awards the contract to the underwriter with the best price and contract terms.

question

Lump sum

answer

1. Comprised of a one total price to complete all of the work 2. Based on the Contractor's interpretation of the major items of work and the quantity or scope of each item

question

Unit price bids

answer

Based on predetermined major items of work, the items' quantities, and the Contractor's price per unit multiplied by the total quantity to create the total cost for each major item of work.

question

Fixed-Price Contract

answer

Required contractor to perform the work described in the contract Price is not subject to any adjustment on the basis of the contractor's cost experience in performing the contract.

question

Cost-plus-fee contract

answer

1. Normally negotiated between the owner and the contractor 2. In most cases, the owner pays actual costs of construction plus an additional amount based on a fixed percentage of the project's cost

question

Addenda (Addendum)

answer

1. Document that addresses changes or modifications made to the contract and issued prior to the bidding process 2. Addresses question answers, errors and changes that evolve during the bidding process

question

Substitutions

answer

1. Process in which bidders request to use components other than the ones specified 2. Approval results in an addendum sent to all bidders informing them of acceptable substitution

question

Alternate

answer

1. Request included in the bidding documents that asks the contractor to provide a price for some type of variation from the base bid which allows for flexibility in project cost. 2. Usually allow space for add and deduct amounts in bid documents when necessary

question

Add-alternates

answer

Request to add to the base bid.

question

Deduct alternate

answer

Request to reduce the base bid.

question

Notice of Award

answer

Written notice by the Owner to the apparent successful bidder stating that upon compliance by the bidder with the conditions presented in the notice the Owner will sign the Agreement.

question

Notice to Proceed

answer

Written notice from the Owner to the Contractor that establishes the date on which the Contractor shall begin performing its duties and obligations as outlined in the Contract Documents.

question

Architectural Plans

answer

1. plans that indicate the layout of the project, such as floor plans, elevations, and details of the construction and architectural finishes 2. Typically numbered sequentially with the prefix "A" for "architectural"

question

Plan view

answer

1. An overhead view of the spaces on a specific floor 2. Indicates the length, width and various heights of the structure and floor elevations 3. May also contain details on a specific portion of work

question

Exterior elevations

answer

1. Show the exterior and the exterior finishes 2. Similar to photographs of the exterior

question

Architectural schedules

answer

Indicates the flooring type, hardware, plumbing, and light fixtures in each space

question

Graphic symbols

answer

1. Indicate various facility conditions 2. Indicate the various types of material, sizes, and space finishes to be used.

question

Site plans

answer

1. Prepared by a civil engineer 2. Includes the following a. Existing and proposed grades of the land b. Specific location of the facility on the land c. Proper drainage of a site d. Design of land improvements, such as paving, curb and gutter design, retaining walls, and drainage culverts.

question

Structural Plans

answer

1. Prepared by structural engineers 2. Shows the structural design of a building 3. Incorporate foundation planning with considerations for rain, snow, wind, earthquakes, and other natural phenomena ("live" and "dead" loads)

question

Live loads

answer

Consist of the people, furniture, and other items that are not part of the building, but are supported by the building.

question

Dead load

answer

Weight of the building or structure itself

question

Mechanical Plans

answer

1. Prepared by a mechanical engineer 2. Shows the design of the various mechanical systems in the building 3. Designed to incorporate the following: a. Proper air conditioning, heating, and ventilation equipment b. Adequate plumbing, to meet the needs for all of the building's designated activities. 4. • Numbered with the prefixes "P" (plumbing) and "H" (heating, ventilating, and AC)

question

Electrical Plans

answer

1. Prepared by an electrical engineer 2. Shows the electrical distribution system for power in a building 3. Includes the distribution of electrical power from the utility company and the distribution to power-specific equipment 4. Shows engineering design factors for the overall electrical "load" of a building

question

Contract Specifications (specs)

answer

• Instructs the contractor how to build the project • Consists of the following Contract documents Technical specifications of the materials Quality of the materials to be installed Workmanship for installation of the materials • Must be organized in a coherent manner due to the large amount of information that must be included • Organized according to the CSI Master Format

question

Bidding Documents

answer

Describe the conditions of the bid to the owner

question

Contract Form

answer

1. Dictates the form of the bidding conditions 2. Divided into sections that include a. Agreement b. Performance and Payment Bonds c. Certificates

question

Contract Conditions

answer

Includes the General Conditions and Supplementary Conditions

question

Technical Specifications

answer

1. Generally prepared for each specific project in the CSI Master Format 2. Includes hundreds, perhaps thousands of individual items that will be installed in the project

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