Term
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Definition
| refers to methods, materials, systems, strengths, min standards and overall quality of development |
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Term
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Definition
| Used to control the intensity of a proposed development by limiting the size, location, proximity to other uses, density and coverage |
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Term
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Definition
| used to control size of pavement or building coverage in relation to total site size. |
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Term
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Definition
| Limits a site's location and proximity to other adjacent uses, thus precluding references to land use compatibility tables. |
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Term
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Definition
| used to formally acknowledge and address lot size or shape variation in relation to other similarly designated lots |
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Term
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Definition
| may refer to land use review processes that provide relief of NUMERICAL standards, similar to variance process |
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Term
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Definition
| normally used after a land use decision has been made, in contrast to a variance process, which is used prior to the issuance of a decision. |
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Term
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Definition
| used to carry the highest number of vehicles, usually at higher rates of speed in relation to other types of streets |
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Term
| Collector and Local streets |
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Definition
| refer to streets having a smaller traffic volume capacity than an arterial street. |
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Term
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Definition
| a street with a landscape space in the center and at the edges. might typically be wider than a local street, yet it would not be specifically associated with any particular traffic capacity; it could be a local, collector or arterial street |
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Term
| Capital Improvement Program |
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Definition
| a long life expenditure by a public agency. two or more capital projects would for a program. |
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Term
| Master Plan & Specific Area Plan |
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Definition
| refer to types of planning efforts or documents that might have a capital improvement program as a subset or component. |
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Term
| Local improvement district (LID) |
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Definition
| Normally the result of a component public works project within a capital improvement program. LID is a defined area or zone with specified properties that benefit from a specific capital improvement project and it has many local variations such as rural improvement district (RID) or utility improvement district (ULID) |
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Term
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Definition
| Civil or private wrong or injury involving the violation of an individual's private personal rights, causing injury to a person or to property. |
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Term
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Definition
| formal written claim against the property record, for the value of work performed or materials provided. |
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Term
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Definition
| refers to a duty not performed, omitted, or performed incorrectly so as to cause harm to a person or to property. |
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Term
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Definition
| Not automatically a civil or private wrong or an injury involving a violation of private personal rights. The term is commonly defined as the form or impression of one thing on another. |
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Term
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Definition
| limit that sets out terms and times under which certain actions can be brought forward in court. |
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Term
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Definition
| refers to specifications for construction work performance or materials quality |
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Term
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Definition
| refers to the manner in which an action is performed and is a second type of specification for construction work |
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Term
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Definition
| a legal term that means a wrongful act, yet this term is not associated with any particular time frame |
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Term
| Limited liability company (LLC) |
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Definition
| form of business organization that can protect a company's assets from creditors |
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Term
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Definition
| financial arrangement organized to protect and transfer assets, usually for favorable taxation purposes |
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Term
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Definition
| 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. |
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Term
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Definition
| used widely for consultant services, this form of business organization does not protect assets from creditors; means a single individual is the business owner |
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Term
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Definition
| 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. |
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Term
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Definition
| action ordered to remake a decision that was already made. |
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Term
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Definition
| repudiate, or reject as unauthorized. |
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Term
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Definition
| an improper action by a public official. |
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Term
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Definition
Ensure 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.
1. surety bonds 2. cash deposits 3. assignment of funds and 4. irrevocable letters of credit. |
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Term
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Definition
| a setback at a street and driveway intersection that restricts anyone from placing a view obstruction at the height of the driver's line of sight, generally located between 3-6 ft. above ground for a specified horizontal distance related to street design speed. |
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Term
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Definition
| general term for the vertical view corridor t hat might normally be 3 degrees measured up or down, ,from the height of the viewer's eye. |
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Term
| Scope of optional services |
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Definition
| May or may NOT be covered in consultant professional services agreement. |
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Term
| Professional services agreement |
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Definition
should always include:
-time limits to perform services
- dispute resolution
- basic services |
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Term
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Definition
| Usually state or local law rather than a set of standards. |
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Term
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Definition
| 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. |
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Term
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Definition
| type of decision or order made by a judge that ends a dispute between the parties in court |
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Term
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Definition
| used to make statements before or outside of a hearing, when a party cannot attend or when detailed information needs to be recorded. |
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Term
| Council of Tree and Landscape Appraisers |
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Definition
| most widely used system for evaluation the value of a tree in court, whether the expert witness is an LA, appraiser, or arborist. |
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Term
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Definition
| category of legal claim that pertains to copyrights and protection of the ownership of creative works, including software |
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Term
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Definition
| clauses that address the penalty for late completion by the contractor, primarily for schedule control. |
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Term
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Definition
| system of laws originally developed in England that result in decisions based on customs and usage rather than codified written law. |
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Term
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Definition
| allows a contractor to establish a price for an item that can be used for adjustments to the quantity specified in the bid plans. helps address minor differences between the actual site conditions and the plans, base on the limitations of the existing surveys |
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Term
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Definition
| type of purchasing method for supplies or materials used that would apply to contractors doing work, not necessarily for variable quantities. |
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Term
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Definition
| Department of defense's move away from military unique specifications and adopt industrial standards. |
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Term
| administrative agency action |
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Definition
| action concerning a state registration board, as they are administrative agencies, part of the legislative, judicial or executive branches. |
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Term
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Definition
| The type of legal professional assistance needed to respond an action by a state board. |
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Term
Clustering
&
Transfer of development rights |
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Definition
both actions that may be taken to rearrange residential development for the protection of natural features.
Clustering concentrates development in one area while avoiding another area.
Transfer is a programn or an agreement for relocation of residential density, possibly including the right to transfer development off site to another property |
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Term
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Definition
| refers to a method of controlling ownership of a particular type of site development...street or road |
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Term
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Definition
| an action taken against a property owner to enforce code compliance. Authorizes removal of an improvement not allowed by code. |
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Term
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Definition
| refers to repudiation or canceling a prior action |
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Term
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Definition
| refers to transfer of an obligation or contract from one person or firm to another |
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Term
| Guaranteed maximum upset, billed hourly |
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Definition
| 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 the consultant will guarantee not to exceed. |
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Term
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Definition
| uses consultant's actual costs plus a negotiated lump-sum fee. while the cost plus fixed fee method does limit some expenses to the client, it does not limit the overall cost of services delivered to the client. |
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Term
| Assignment with right of survivorship |
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Definition
| contract term related to contract survivability, or a contract's ability to remain in force after one main party is no longer available or eligible to perform. |
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Term
| LA face this most common type of construction litigation |
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Definition
| Miscommunication between the consultant, owner, and contractor |
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Term
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Definition
| the process that financial firms typically refer to when the surety bond is released. For this to take place a project must be substantially complete, usually excluding minor punchlist items |
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Term
| Supplementary or special conditions |
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Definition
| modifies the general conditions, do not normally modify technical specifications. |
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Term
| Largest single category of litigation claimants |
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Definition
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Term
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Definition
| a legal term that means notice of pending litigation |
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Term
| Used in court decisions for construction related claims... |
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Definition
| standards of practice, licenses held and promotional materials. |
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Term
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Definition
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Term
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Definition
| can be included in specifications or in an agreement to control the potential for financial claims |
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Term
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Definition
| describes the set of laws used to define the maximum time period for filing claims against professionals. |
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Term
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Definition
| max incline at which soil will remain in stable position |
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Term
| CPSC - Consumer Product Safety Commission |
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Definition
| Voluntary standards created by federal law included in general or technical specifications |
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Term
| CSI - Construction Specifications Institute |
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Definition
| nonprofit industry association that promulgates the most widely used specification referencing system |
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Term
| Private-sector specifications... |
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Definition
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Term
| Federally funded projects... |
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Definition
| drawings prevail over specifications |
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Term
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Definition
| addresses the need for more detail from a fabricator or supplier than the specifications or the drawings can provide. LA's may be the review and approval authority of the shop drawings if they are referenced in the general conditions. |
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Term
Force account
or
Cash allowance |
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Definition
| provisions to establish a purchase amount for miscellaneous items that cannot be specified during the bid stage |
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Term
| Probable cost of construction |
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Definition
| cost estimate that addresses the owner's need to know what a design will cost before bids are accepted |
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Term
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Definition
| defined portion of a lot, tract, or parcel reserved for use by someone other than the property owner. Uses can include access, utilities, parking by another party who holds the easement interest or rights |
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Term
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Definition
| legal document pertaining to property ownership and is required for real estate rights to transfer from one owner to another. may be accompanied by a survey of record as an attachment |
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Term
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Definition
| legal action that clarifies property ownership |
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Term
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Definition
| used to verify that any property ownership interest owed is relinquished by the quit claim deed document |
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Term
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Definition
| conducted when legislation requires a periodic review to prevent automatic expiration |
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Term
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Definition
| protects public health, safety and welfare |
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Term
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Definition
| protects the right to use the title "landscape architect" yet does not protect the right of a person or firm to engage in practice activity |
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Term
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Definition
| represent state licensing boards, as well as licensed landscape architects, nationally |
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Term
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Definition
| the area of all floors of all buildings compared to the total site area |
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Term
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Definition
| set of state laws that focus on the rate of change in the population, density, traffic and housing of a geographic area as they affect the quality of the area's environment |
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Term
| Areas of state critical concern |
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Definition
| environmental regulations at the local or state level that focus on a particular unique region or location by state |
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Term
| Codes, covenants and restrictions |
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Definition
| private regulations or rules that govern common area structures managed by subdivision residents |
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Term
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Definition
| an area of a parcel of land located between the front, side or rear of a property line and the buildable footprint limit area |
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Term
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Definition
| intensive, multi-day, problem-oriented process |
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Term
| Consensus decision making |
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Definition
| used to discuss a group's key individual concerns to ultimately achieve a defined purpose or outcome |
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Term
| Forming, Storming, Norming and Performing |
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Definition
forming- first stage in a group's development, team meets learns about project objectives and agrees on ways to accomplish project tasks
storming-second phase, categorized by conflict as members compete to have their differing ideas considered
norming- 3rd phase, members foster teamwork
performing- 4th phase, group members work independently |
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Term
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Definition
| used to estimate a project's shortest completion time by analyzing only essential, interconnected activites |
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Term
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Definition
| employs a multi-step job plan to analyze project requirements so that over the life of a project, essential job function are achieved at their lowest costs. |
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Term
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Definition
| uses a hierarchical tree structure to define and organize 100% of project's scope (both essential and nonessential activities) |
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Term
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Definition
| document used to record all key project and management factors (including nonessential tasks) and is updated throughout the life of a project. it includes project goals, technical requirements, schedules, budgets and management programs |
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Term
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Definition
| type of bar chart that tracks a project's schedule by listing the timeline across the top of the chart and tasks to the left of the chart. lines are used to indicate the starting and stopping point for each activity |
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Term
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Definition
| the adjustment method by which a contractor charges the responsible party for repeating a task or correcting a sequential step. |
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Term
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Definition
| a contracted portion or a percentage of payments due for work completed. the amount is retained by the owner until a project is finished. improper use of retainage would be to correct defective work using the witheld funds, or to use the funds to improve cash flow during the construction phase. has no impact on the contract value |
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Term
| Attractive nuesance doctrine |
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Definition
| states the landowener may be held liable for a child's injuries if the injuries are caused by a hazardous object or property condition that is likely to attract children |
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Term
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Definition
| an event related to the last negligent action that occurs prior to injury, and that without which, the injury would not have occurred. |
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Term
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Definition
| also known as the site inspector, verifies the quantities of delivered earthwork, measure stored products and logs and tracks visitors in and out of the jobsite. - does not supervise contractor staff |
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Term
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Definition
| "move-in" condition, meaning that the owner may occupy or use the site for its inteded purpose. at this time a punch list is created. |
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Term
| Post-occupancy evaluations (POE) |
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Definition
| used to determine how well a design performs post-construction; assess he advantages and limitations of a design, and collect data about the design through observation and interviews with the site users to gauge user design satisfaction; provide feedback existing conditions, propose solutions to existing problems and help produce design guidelines for future projects. |
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Term
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Definition
| developed by law enforcement and design professional to help make public facilities and sites safe by designing physical environments to be perceived by would-be criminals as a risky place to commit a crime |
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Term
| Construction documents usually include |
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Definition
working drawings
specifications
general conditions
an agreement form |
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Term
| Architect's Supplemental Instruction (ASI) |
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Definition
| used to clear up errors, inconsistencies, omissions and apparent discrepancies discovered by the project owner or contractor after an agreement has been signed. It is also used to change the contract conditions or to request minor changes in work AS LONG AS they do not change contract time or contract cost. |
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Term
| Pressure test procedures of an irrigation main... |
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Definition
| found in the performance specification |
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Term
| Backflow prevention devices... |
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Definition
| prevent cross-contamination of potable water systems - local or state health codes |
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Term
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Definition
| public laws that regulate landscape design,installation and general maintenance and are employed to preserve the visual environment of a community. |
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Term
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Definition
| methods, processes or techniques that contribute to the most effective or efficient way to accomplish a task. |
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