Shared Flashcard Set

Details

LARE section A
Landscape architecture registration exam A
140
Art/Design
Professional
01/02/2008

Additional Art/Design Flashcards

 


 

Cards

Term
Council Record
Definition

CLARB service :

-passed exam scores,

-education history,

-employment history)

is gathered and saved and distributed to states where you want licensure for an annual fee.

Term
Bid Price represents contractor's cost summary for:
Definition
1. site prep
2. materials and installation
3. equip and labor and time
4. overhead and profit
Term
Pricing considerations:
Definition

-site visits and

-site data(

    -surveys,

    -soil report,

    -boring data)

Goal accuracy is within 5%. contingencies 5-20%. better contract doc=accurate bid.

Term
P.E.R.T:
Definition

Program Evaluation Review Technique:

sequential diagram of construction based on experience

Term
Mechanic's Lein
Definition
Claim against property by professional who physically improved the property and was not payed.
 
When a subcontractor does work, makes stuff on a site and is not paid for it, they have a mechanic's lein on the property. They count against the property. Get them certified as being payed before final payment to contractor, to be sure they have payed subcontractors.
Term
plan discrepancies procedure
Definition
-between plan and site are recorded and reported to designer for amendment and administrative change order if req.
 
-between plan and specifications: specifications take precidence 

Term
Bid Prep:
to do bid, contractor needs construction docs:
Definition
1. Working drawings: limmited written notes.
2. Specifications: written descriptions of work, quality standards, specific methods OR desired outcomes
3. General Conditions: req for insurance, bonds, contractual obligations and procedure, field change orders, etc
4. Agreement Form: sign sheet, legally binding. contains list of bid items, quantities, unit pricing for each item w/ price provision for adding or deleting a specific item after constrution initiation.
Term

Contractors:
sequence of tasks:
Definition
-define scope
-eval. ex. conditions
-do counts off plan, construction strategy, time line chart
-layout survey: limit of work line
-prepare site: erosion and  plant protection
Site clearing: all organic matter rem. before earth work.
-execute work
-recieve final inspection and client approval (punch list)
-final clean-up, mechanic's lein waiver, final inspections, payment, certificate of occupancy
Term
easement:
Definition
right of one property owner to make use of another's property, as specific limmited use, or excludes the use of land in a certain way, even by the owner.
Term
right-of-way:
Definition
right of travel accross another's land or land where public roads or wires go over.
Term
restrictive covenant:
Definition
deal between parties forbidding some action, eg, selling to minorities, building towers, planting maples...doesn't carry over to ignorant future owners, can't break laws, has to help members.
Term
lien:
Definition
right to take property of debtor, or property of debtor promised in case of non-repayment
Term
malfeasance:
Definition
a wrongful act, usually by a public official
Term
Misfeasance:
Definition
a lawful act performed improperly, harmfully
Term
abatement:
Definition

1. removal of property deemed potentially harmfull(ex weeds that are a fire hazard, illegal shed)
2. reduction in money distributed to each creditor when there is not enough money to pay all creditors
Term
addendum:
Definition
additional documents with clarification or parts of the contract added in negotiation after the innitial contract was written, and attached to end of contract...should also be signed.
Term
assignment:
Definition
transfer of benefits or rights
Term
remand:
Definition
to send back, a person back to jail, a case back to a lower court
Term
summary judgment
Definition
a motion made by one side in hearing before going to court saying we have heard all the facts, there is no question worth going to trial anymore, it is all one-sided or settled.
Term
lis pendens
Definition
a mark on property that a law suit is pending that concerns the title of the property. filed with the county clerk so the public and the owner know that the title may change hands.
Term
cpsc:
Definition
consumer product safety commission
Term
Change Orders:
Definition

-Changes requested by owner payed for by owner.

-Changes due to mistakes in plan, responsiblity of la, barring contingency in contract or cooperation of owner.

 -Failed inspection of la's good-faith attempt to follow code, la not neglegent.

Term
Contract
Definition

voluntary agreement

+consideration(each party is providing something)

+lawfullness, legally competent parties

+enforceable form.

+clauses:

-conditions that void contract 

(write a clause that says even if one clause is void the rest still stand)

+Arbitration plan

Term
arbitration:
Definition
disagreeing parties agree to abide by the judgement of an arbitrator
Term
Mediation
Definition
settling a contract dispute with facilitiated negotiation.  Alternative to litigation.
Term
litigation:
Definition
the process of settling a contract dispute through court because they each feel the other is 100% at fault.
Term
excluded or additional services:
Definition

possible add-ons for additional money, should parties agree to add them,

the excluded of which were discussed with the client and rejected. Included in the contract to show due dilligence in proposing them.


Term
insurance:
Definition
often required by law and contracts.
Term
Insurance-commercial general liablilty:
Definition
personal injury on office equipment, office theft etc
Term
Insurance-Worker's compensation
Definition
required by law, job-related injury. everyone proves they have it for contracts.
Term
Insurance-Vehicle Liability:
Definition
covers damages from vehicle accidents
Term
Insurance-professional lability
Definition
neglegent acts, errors or omissions.
Term
Insurance-fire, vandalism:
Definition
provided by contractor during construction.
Term

Contract Clause:

limit of liability-

Definition
clause sets upper limmit on how much la can be sued for, and limits the types of tasks they can be sued for screwing up to scope of work.
Term

Contract Clause:

opinion of probable costs

Definition
la guesses how much construction will cost during proposal phase but writes a clause saying this is an opinion, not an estimate so the design will not be constrained or expensively reworked to meet this arbitrary number.
Term
Contract Clause: Termination
Definition
either party can terminate contract without cause, with notice of 5 or 10 days for reasons like -breach of contract, -fraud, -non-payment of professional fees, -extreme changes in scope, -discovery of hazardous site conditions that the client is unwilling to rectify, -a client who is unwilling to pay for recommended special consulting services or additional services not covered under terms. Clause should require client to pay for services up to that point, notice of termination, costs of termination and archiving project. la then would owe client a full set of drawings.

Term
Lisensure:
Definition

governor-appointed board regulates

-continuing education,

-la seals,

-exams,

-additional rules,

-testimony of compitence in legal procedings,

Term
Licensure violations:
Definition

1. practicing or offering to practice landscape architecture without being registered (in practice law states)--
2. advertising or displaing a card or other device that indicates to the public that one is a landscape architect when not registered--
3. assuming or using the title landscape architect without being registered---
4. using an expired or revoked landscape architect license--
5. presenting false evedence to the technical board of registration with the intent to obtain a license to practice landscape architecture.
Term
tort law:
Definition
a civil wrong-doing against another entity or person where there is a breach of a legal obligation to the entity or person resulting in a legally defined harm to the entity or person.The courts will provide a remedy for the wrongdoing in the form of payment of actual or compensatory damages, and in cases of particularly repulsive wrongdoing, the courts may also award punitive damages. In LA, this covers neglegence, liability. Don't injure anyone through neglegence.
Term
Neglegence:
Definition
unintentional breach of a legal duty owed to another that results in some legally recognizable injury to the other's person or property. party suing must prove that the la had a duty which was breached and caused injury. If la is below established standards, court applys a standard of care(services within ordinary degree of skill expected of reasonably competent landscape architects under same conditions).
Term
Duty not to injure the party:
Definition
determined by scope in contract, rules of liscensure, statutes and codes, and is the risk unreasonable? easily avoided? serious injury?
accident would not have happened otherwise?
Term
Strict liability:
Definition
even if the la took every precaution, if something bad happens the la may be strictly liable...this doesn't happen very often.
Term
intentional torts:
Definition
trespassing, slander, defamation, invasion of privacy, battery, assault
Term
Zoning
Definition
a police power! texts and maps defining uses, bulk, density and setbacks. tools of communities in development regulation:
Term
Development and subdivision
Definition

tools of communities in development regulation: -regulations for development and division of land,

-plats,

-grading and utility permits for building,

-short plats,

-binding master plans,

Term
Zoning Conditional Uses:
Definition
exceptions made for certain kinds of projects.  churches, schools, utilities.  or  uses that have very specialized site needs, like a rock quarry, 
Term
Zoning Variance:
Definition

any exceptions for physical standards of zoning (not use). 

Ex, setbacks or building height or whatever , when that condition presents an unusual hardship.  Conditions: 

-matches benefits of near neighbors

-doesn't cause harm

-situation not caused by owner 

Term
Planned Unit Developements  (PUD):
Definition
Sometimes zoning laws allow future developments to automatically change the zoning for a place fitting certain requirements when a planned unit development happens.
Term

Planned Residential developments(PRD)
Definition
similar to PUD, only especially residential...more flexible than traditional subdivisions. 
Term

Spot Zoning:
Definition
Illegal changing of zoning of a part of a zone a tiny spot, a lot...beneftis individuals, not to benefit the community
Term

Zoning

Non-conforming Uses:

Definition
Grandfathered users who the zoning has changed around and are not required to leave because it would cause undue hardship, but are not allowed to expand or leave and return.
Term
Rezones/Downzones:
Definition
PUDS are rezones.  Must be based on a change in circumstance or be in accordance with a munincipal innitiative, not public group wants.  The change must be in line with the comprehensive plan or it is considered spot zoning.  must be for the public benefit and allow reasonable use .
Term
Plat
Definition

a map handed in to the county auditor's office that describes a spot of land and divides it up, deliniating roads and R.O.W.s. 

 

The auditor's office makes sure taxes are not owed on the property before it is sold into pieces, and check that
they make provisions for future improvements and it serves the public good.

Term
Short plat
Definition
division into 4 or less sections.
Term
Bidding Site Plan:
Definition

to scale, shows streets, roads, improvements, utilities, openspaces and anything else required. 

 

Lists limitations on uses of the land, by local authroity. 

Promises that any development will be in line with the site plan.

Term
Formal Platting exemptions:
Definition

-Cemetaries
-land divisions creating parcels over 5 scres in size(measured from the center of the road)(some municipalities have exceptions)
-land divisions made by wills or the laws of discent
-industrial parks where such parks are regulated by a review process
-mobile home parks where they are regulated by a review process
-boundary line adjustments creating no new lots
-condos, if binding site plan has been approved
Term
errors in Shop Drawings:
Definition
responibility of LA
Term
Deed of trust
Definition

a deed by the borrower to a trustee for the purposes of securing a debt.

creates a lien on the title and not a title transfer, regardless of its terms. unlike a morguage, can be foreclosed by a non-judicial sale held by the trustee. It is also possible to foreclose them through a judicial proceeding.

Foreclosure process can be much faster for a deed of trust than for a mortgage, on the order of 3 months rather than a year. Because the foreclosure does not require actions by the court the transaction costs can be quite a bit less.


-wikipedia 

Term
quit claim deed
Definition

person disclaims interest in a property, ceeding that interest to another.  Doesn't prove other person owns the land, just that grantor won't make a claim.  eg.  where one spouse (grantor) is disclaiming any interest in property that the other spouse (grantee) owns. A quitclaim deed would typically be used in this circumstance.


 

wikipedia 

Term
conveyance survey
Definition
a survey of property boundaries for definition of land to be transferrred from one owner to another.
Term
Survey of record
Definition
current sealed signed doc by a surveyor describing a given property on which a project plan will be based.
Term
NPDES
Definition
National Pollution Discharge elimination system. 
Part of the Clean Water Act.
 

Point sources may not discharge pollutants to surface waters without a permit from the National Pollutant Discharge Elimination System (NPDES). This system is managed by the United States Environmental Protection Agency (EPA) with states often issuing permits.

buiolds on state legislation with technology-based effluent limitations.[6]

Term
Floor area ratio
Definition

  Ratio of the total floor area of buildings on a certain location to the size of the land of that location, or the limit imposed on such a ratio.

 

Used in zoning. For example,a 0.10 floor area ratio, means the total area of all floors in all buildings must be no more than one-tenth the area of the parcel. 

Term
 homeowners' association
Definition

Non-profit Corperation created by a real estate developer and passed to subdivision owners after % of plots sold.

Enforces the covenants, conditions, and restrictions (CC&Rs)

Manages the common amenities of the development.

Subject to state statutes that govern non-profit corporations and homeowners' associations.

Not protected by law, votes guarenteed only to property owners, not renters, families.  Many abuse rights, are capricious, vengeful.  No legal limits on fees, houses can be foreclosed upon based on unpayed fees!  Seniors esp. vulnerable. 


 

wikipedia 

Term
C,C&R
Definition
codes, covenants and restirictions.  Written into deeds of properties in new subdivisions before sale of houses.  Maintained and inforced by Homeowners associations.  subject to many abuses.  Little legal recourse or regulation. 
Term
NEPA  
Definition

National environmental policy act.  1969.  oversight of federal actions.  requires

-public disclosure,

-public input,

-consideration of environmental concerns,

-project alternatives,

-environmental assesment(EA) and environmental impact statement(EIS) and mitigation measures. 

Applies to projects using federal funds, or on federal land. 

Term
Environmental assessment  
Definition
EA.  NEPA required concise, general, streamlined report of environmental impacts.  As opposed to the EIS(Environmental impact statement).  It takes 6-12 months. 
Term
environmental impact statement
Definition
(EIS)  NEPA required exhaustive scientific, takes two years, as opposed to an EA(environmental assessment). 
Term
professional licensure
Definition
police power of the states.  First enacted in 1953. 
Term

land development and

growth management regulation

Definition
covers things like subdivision of land, hooking up to govt. utilities, making new public spaces, like roads. Sometimes requires analysis of a DRI(development of regional impacts).
Term
HALS
Definition

nhpa national historic preservation act of 1966

historic american landscapes survey.   

Term
Duty of Care
Definition
If an LA is being sued, a jury looks at how other LAs would act in that situation.  Also covers telling the client about risks, conflicting instructions from clients, following bad instructions from clients, following the law.  Gets close to malfeasance(failure to act)
Term
breach
Definition
failure to fulfill a contract.  grounds for liability if that breach causes harm.  Non-breach parties to a contract get enough money to put them in the situation they would be in without the breech.
Term
performance conditions
Definition
specifies desired results, but not how the contractor achieves them...unlike specifications for construction work performance or materials quality
Term
Prescriptive conditions
Definition
Specifies the manner in which an action is performed, a particular method
Term
Abatement     
Definition
action taken against a property owner to enforce code compliance.  authorizes removal of an improvement not up to code.  in some cases costs are covered by a lein is filed on the property reccords, and payed to remove the black mark.
Term
assignment
Definition
transfer of an obligation or contract from one person or firm to another
Term
financial guarentee is
Definition
the general catagory of financial forms, typically issued by an entity other than the contractor, that ensures the owner or a munincipal agency that the contract oblicagion for the monetary amount of the work will be met.  Financial guarentees are often used to ensure performance of a munincipal regulation, such as  the installation of temporary erosion-control measures at a site or of sidewalks in a new subdicision.  Examples of four commonly available kinds of financial guarentees are surity bonds, cash deposits, assignment of funds, and irrevocable letters of credit. 
Term
guarenteed maximum upsed, billed hourly
Definition
a 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 guarentee not to exceed.
Term
percentage of construction cost
Definition
method of fee arrangement based on a portion of the project costs set by an estimate or actual bids. 
Term
persentage of prime consultant fee
Definition
is a method based on a protion of the project costs, set using the prime consultant's fee amount in some percentage as the subconsultant fee.  d
Term
costs plus fixed fee
Definition
payment arrangement based on actual costs plus a pre-negotiated fee.
Term
consultant agreement
Definition
should always have a performance time limit, jurisdiction for dispute resolution and basic services scope
Term
disposatory motion
Definition
filed in court proposing to end proceedings
Term
summary judgement
Definition
where the judge announces the findings of the court
Term
depositions
Definition
testimony taken before or outside court
Term
affadavit
Definition
signed statement, not formally recorded by a court reporter
Term
remand
Definition
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 an earlier decision
Term
support sheet
Definition
an abbreviated or expanded note sheet for bidding- with calculations used to come up with the numbers
Term
Request for information (RFI)
Definition
formal request of info
Term
exoneratoin
Definition
financial lingo for release of a surity bond.  A landscape architect requests exoneration through sibstantial completion or final inspection, when the project is mostly complete, minus a few minor punch list items.
Term
bidders instructions
Definition
time and place to submit bid, invitation to bid and bid form.  Part of part of project manual, not technical specifications or general specifications.
Term
lis pendens
Definition
notice of pending litigation
Term
statute of repose
Definition
the set of laws used to define the maximum time period for filing claims against professionals.
Term
cpsc
Definition

consumer product safety commission.  required by the consumer product safety act to rely specifically on coluntary consensus for its consumer product safety standards rather than promulgate its own standards. 

Play structures  and play area surfacing. 

Term

awpa

awwa 

Definition

awpa american wood preservers institute, a nonprofit industry association that promulgates voluntary wood preservation standards. 

 

American water workds assoc.  international nonprofit scientific and educational societ dedicated to the improvement of drinking water quality and supply.   

Term
UFAS
Definition
Uniform Federal Accesibility Standards
Term
ADAAG
Definition

Americans with Disabilities Act Accessibility Guidelines

Rules for the private sector 

Term
min.wheelchair path width
Definition
36"
Term

1.min slope considered a ramp by ADA

2.Ramps should not exceed 8.3% for distances greater than___________ 

3.max cross slope intown___incountry____ 

Definition

1:20

 30'

2%, 3% 

Term

standard width of ada parking:

 

Definition
11' car slot + 5' striped area for cars, 8' striped area for vans.
Term
ADA stairway rules
Definition
no more than 5 vertical feet between landings, no open risers, no nosing tables, tactile warning strips at top, min width not including railings 5', rounded stair.
Term

efficacy, life, color, expense for:

-incandescent

-flourescent

-mercury vapor

-metal halide

-high pressure sodium

-'white' high pressure sodium

-low pressure sodium 

Definition

incandescent- low efficacy, up to 2000 hours, good color, cheap

Flourescent- good efficacy, up to 15,000 hours, good color, medium innitial expense.

Mercury Vapor-good eficacy, long life, good color.  good for foliage.affordable.  

metal halide- good control and color. excelent efficacy.  shorter life.  medium cost

high pressure sodium-great eficacy, long life, low maintenance,  poor color.  bad for foliage. mid-expense.

"white" high pressure sodium-gret color. less effective.

Low pressure sodium-(LPS) best efficacy,deteriorate  

Term
Acceleration Cost
Definition
cost to a contractor when owner interferes and contractor must employ more manpower or work more hours in order to end on time.  Charged to owner.
 
if the contractor contributes to the cause of its own delays, acceleration cost may not be granted.
Term
ACTIVE INTERFERENCE—
Definition
action by a party to a contract which causes the other party of the contract to not complete the work of the project on time or in the manner established by the contract writing.
 
Positive action must be per-formed on the part of the interfering party as opposed to passive negligence, which is inactive, permissive, or sub-missive.
Term
ACTUAL DAMAGES—(ACTUAL LOSS)—
Definition
damages resulting from real and substantial loss,
(as opposed to those which are merely theoretical, estimated, or anticipated.)
Actual damages represent the real and true value of the total loss suffered, as opposed to liquidated.
Term
ADDENDA
Definition
modifications to the contract documents issued during the bid period.
 
Addenda become official parts of the contract documents and are legally binding to the signatories of the contract.
Term
ADVERSARY
Definition
two parties to a contract are in an adversary or arms-length relationship to one
another as a result of the commitment they have made to each other in the con-tract terms and
conditions. This relationship is recognized by the courts and binds the two parties together in that
relationship. In layman's language, it can be considered a relationship of mistrust
Term
AGENT
Definition
AGENT—a person authorized by another to act for him or her; one who is employed to represent
another in business and legal dealings with third persons.
Term
ALLOWANCE
Definition
a sum of money set aside by the owner to remove a particular portion of work from
competitive bid-ding. This is typical of government-subsidized institutions with work that must be competitively bid and with projects in which certain portions of the work are proprietary and, therefore, must be removed from competitive bidding.
Term
ALTERNATE
Definition
a material or method used in place of the base material or method specified for the project.
 
In a typical construction contract, the owner chooses the alternate or remains with the base requirement, giving it control over the total cost of the project. An alternate differs from an option in that cost is a factor in the selection of an alternate by the owner, whereas an option does not have cost as a factor and the choice is made by the contractor. (See OPTION)
Term
ANTICIPATORY BREACH
Definition
established when a contractor states they cannot perform the contract.

Term
ANTITRUST LAWS—
Definition
federal and state statutes to protect trade and commerce from unlawful restraints and monopolies.
 
In the construction industry, bid rigging is considered a violation of antitrust laws. Those found guilty of bid rigging are assessed treble damages.
Term
ARBITRATION
Definition
the submission of a dispute to a third party
 
(individual or panel), known as arbitrator(s), whose judgment is final and binding. Decisions at arbitration hearings, unlike those in judicial cases, do not establish precedents.
Term
ARBITRATOR
Definition
one who resolves disputes between two par-ties.
 
In a typical construction contract, the architect is designated as an arbitrator in resolving the disputes between the owner and the contractor. Unlike formal arbitration (as established by the American Arbitration Association), an architect acting as arbitrator in the construction process is the first level for resolving disputes, and its decision is not final and binding.
Term
ARCHITECT
Definition
the person or organization hired by the owner to design the project.
 
Produces plans and specifications from which the building will be constructed. May also preside at the bid opening, monitor the construction process, and approve payments to the contractor. 
 
Enters into contracts with owner, consultants structural, mechanical, electrical engineers,etc.) but not with the contractor(contracts with owner also).
Term
ASSIGNMENT
Definition
a legal action which allows a person who is not party to a contract to obtain the contract rights of a party who is.
Eg: A contractor assigns the rights contained in its contract with the owner to a subcontractor.
Eg: architect can assign portions of the design of the project to its consulting engineers,
Term
ATTACHMENT
Definition
seizing property by judicial order
 
a remedy by which the plaintiff  acquires a lien upon the property of the defendant for satisfaction of judgment. (See LIEN)
Term
BID
Definition
an offer to perform a contract for work and labor or for supplying materials at a specified price.

a bid is an offer by the contractor to the owner. A bid, as an offer, becomes a contract once the owner accepts the bidder's offer with all other contractual
requirements in order.
Term
BID DEPOSITORY
Definition
a clearing house for subcontractors to submit their bids for a particular project and for prime con-tractors to receive bids from the various subcontractors.
 
In California, a bid depository was found in violation of antitrust laws based on its rules for membership imposing fine, suspension, or expulsion to members not abiding by the rules.
Term
BID REJECTION—
Definition
based on improper bid submission or arbitrary owner decision.
 
 The owner, in a typical contract, reserves the right to reject any and all bids. However, in rejecting a bid, an owner and its architect run the risk of interfering with the bidder's right to do work or of defamation of character on the part of the bidder.
Term
BOARD OF CONTRACT APPEALS—
Definition
independent administration quasi-judicial board to decide all public con-tract disputes.
 
Various states have created these boards to relieve the courts from the backlog of cases related to public contracts. Note that these boards hear only disputes related to public contracts and not to private contracts.
Term
BOILER PLATE
Definition
standard legal conditions inserted at the "front end" of a construction contract.
 
These conditions are typically titled "General Conditions," "Supplemental Conditions," and/or "Special Conditions" and are inserted at the front end of the project manual.
Term
BOND
Definition
an agreement setting a requirement and a penalty fine if reqiurement is not met. 
 
some types of bonds:
-bid bonds:  bidder will enter into the contract  
-performance bonds:  completion of the project by the con-tractor, or subcontractor will perform,
-payment bonds- contractor will pay subcontractors and materials and labor and not leave owner on hook (mechanic's' lein)
 
Term
BUILDING CODE—
Definition
model codes:
Southern Standard Building Code (SSDSC),
Uniform Building Code (UBC),
Building Officials and Code Administrators (BOCA),
National Building Code (NBC),
one of which is law in most jurisdictions.
Term
Notice to Proceed
Definition

Project Manager gives it to contractor after contract signed, when ready.

it's a reference to the provisions of the contract, the type of work to be performed, and the date or dates that the work is to commence.

Term
Change orders
Definition

project manager gives CO to contractor to approve  and specify changes from origional plans, specs, scope.

 

Change orders document the changes from the origional scope of the contract, confirm schedule revisions, and set fourth other modifications; they are issued whether or not the ammount of compensation to be paid to the contractor will be affected. The change order is generally written on a standard form and includes a complete but concise description ofthe change and its effect upon the contract scedule and price.


-Professional construction management 2nd ed

Term
Progress Payment reports
Definition

"progress Payment Reports,"  monthly authorization documenting progress payments to the contractor.

-Professional construction management 2nd ed

Term
Final Acceptance
Definition

from project manager to contractor: acceptance of contract work with:

Notice of completion

Completion and acceptance certificate

Release and waiver of lein

 

 

-Professional construction management 2nd ed

Term
Notice of completion
Definition

Part of the final acceptance.

Says all work under the contract is complete, and that it is being processed for acceptance.

 

-Professional construction management 2nd ed

Term
Completion and Acceptance Certificate
Definition

Part of the final acceptance.

 

Signed by the contractor and the professional construction manager.

 

Tells the owner that the work is complete and ready for acceptance 

 

-Professional construction management 2nd ed

Term
Release and Waiver of Lien
Definition

Part of the Final Acceptance.

 

Required from contractor, is normally required prior to releasing final payment to contractor.

 

-Professional construction management 2nd ed

Term
Final closeout
Definition

Package for owner with things like

guarentees,

instruction manuals,

as-built drawings, bonds,

maintenance agreements,

inspection certifications,

etc. Often inspection is scheduled prior to the expiration of performance guarantees, to ensure that facilities are operating as specified.

-Professional construction management 2nd ed

Term
Doctrine of Respondeat Superior
Definition
This doctrine holds that
employers are liable for the acts of their employees while performing within the scope of their employment duties. 
This doctrine can even be applied when employees provide services  outside of their employment duties, when such an activity carries the implied endorsement of the  employer.  This is the major reason why most employers strictly prohibit 'moonlighting' .
Term
Doctrine of Gratuitous Service
Definition
Holds that volunteered and free services carry the same duty of care as do those services which have been solicited and which a fee has been paid.
Term
Federal Laws
Definition

In the US, coastal zone mgt is based on federal law, typical administered at state level. Acts of perticular interest to LA's :

-Federal Water Pollution Act of 1972 (Clean Water Act), including   National Pollutant Discharge Elimination System (NPDES) which covers erosion and sediment control.

-NEPA-National Environmental Protection Act: requires that all federal projects or projects substantially supported by federal funds must be proceeded by an environmental impact statement.
-Air Quality Act

-Water Quality Act

Term
State Laws
Definition

In the US, states are charges with protection of public health, safety and welfare. Most states have specific laws governing the manipulation of the natural environment.  These include:

-State Environmental Protection Acts

-State Land Use Regulations

-Air, Water and Noise Pollution statutes

-Participation/Plan Review statutes

Term
C.P.M:
Definition

 Critical Path Method-

bar graph with beginning and ending dates of each task, showing what can happen concurrently and what can't start till something else finishes (critical Paths, linear sequencing).

Term
grading and topsoil stockpiling equipment
Definition
a. bulldozer: caterpillar track mounted tractors w/ broadfront mounted blades which strip by pushing soil forward at a controlled depth. max push dist:500'. light to med sized sites.
b. scrapers: mortorized bin scoops via cutting blade at bottom of bin. bushed by track bulldozers. elevating scrapters don't need bulldozers, collect their own soil. need maneuvering room.
c. Power shovels: good for embankments or narrow areas. used with a truck hauler.

Term
indemnity:
Definition
this clause is used to say a party is not responsible, to lay liability on the other party. It should be used to hold only the neglegent party responsible.
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