Term
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Definition
Knowledge of a fact known by hearing it from someone else
Agency Relationship: The principal receives information from the agent/LA |
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Definition
| Control of the time, cost and quality from start to finish |
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Term
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Definition
Can be used interchangeably with Contractor
To build/erect structures, controls the construction |
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Term
| Impossibility of Performance |
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Definition
| Unforeseen factors make it impossible to proceed. |
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Term
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Definition
One party in the contract causes delays to the other party of the contract interfering with completing on time
Action is taken towards the interfering party |
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Definition
| Bidders can bid on one or as many of the bid packages presented |
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Term
| Differing Site Conditions Clause/Changed Conditions Clause |
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Definition
| Physical conditions of the site are different than what was originally represented causing an increase of time/costs. The contractor would be compensated |
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Term
| Impracticability: Commercial |
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Definition
| A document that recognizes a contract performance so costly that it is impossible |
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Definition
A specific sum of money allocated to a bond so that either party cannot breach their agreement.
The owner holds on to this for every day past the designated completion date
You do not get your full bond back if you finish behind schedule |
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Definition
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Term
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Definition
| Money lost because of a time extension beyond what was decided in the contract |
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Definition
| LA/Owner is not to interrupt the Contractor, they may file suit on grounds of interference |
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Term
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Definition
| People responsible for the quality of the project |
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Term
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Definition
| Damage/loss based on the results of an act by a party involved in the contract |
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Term
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Definition
| Repair/Replacement of a loss caused by another party |
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Term
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Definition
| Substantial damages, party is compensated |
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Term
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Definition
| Compensation for loss etc. This can be recovered in the courts. |
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Term
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Definition
| Can apply to techniques and methods of construction |
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Definition
| A deviation from what was originally spec'd in the original drawings. This may cause a bid to be rejected |
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Term
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Definition
| Intentional lie/altering the truth to trick another |
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Term
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Definition
| Term used for the standard legal conditions at the front of a construction contract (i.e. general conditions) |
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Term
| Board of Contract Appeals |
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Definition
| Independent administration boards to decide all public contract disputes. Does not deal with private |
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Term
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Definition
| A document holding a subcontractor to its bid to a prime contractor |
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Term
| Exclusivity of Contract Provisions |
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Definition
| How to deal with a breach of contract is written in the contract |
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Term
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Definition
Parties in the contract do not trust eachother
Not a good thing |
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Term
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Definition
Confirmation by 2 parties to perform a duty towards each other
This is what a contract is about |
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Term
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Definition
| Not understand what is right |
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Term
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Definition
| Usually in Anti-trust actions, the amount is awarded in court to be 3x the actual damage |
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Term
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Definition
| One party covers the butt of another party in case of loss on a specified subject |
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Term
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Definition
| A court of equity cannot allow a party to do wrongful acts |
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Term
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Definition
| Process where one party protects itself from any claims by the plaintiff. |
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Term
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Definition
| Two documents that are inerpreted together as an agreement. i.e. Use another documents terms and conditions. Or stating in your planting spec's to refer to BCSLNA planting standards for planting your shrubs |
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Term
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Definition
| When parties put their agreement in writing, previous oral agreements are incorporated in writing as well. Contract ma not be modified by parole evidence (verbal) unless writing is ambiguous |
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Term
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Definition
| Receiving satisfaction for an injury |
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Term
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Definition
| Oral/verbal evidence given by a witness in court. Evidence that is outside of the contract |
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Term
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Definition
Claim/charge on property for payment of debt
Subcontract can put a lien on general contractor if the project is done and they are not paid yet. If general contractor cannot pay, their surety can and that is very bad. |
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Term
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Definition
| Claim for securing work performed and materials |
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Term
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Definition
| Signifies everything has been paid, the contract is complete and the lien is removed |
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Term
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Definition
| Document that certifies a portion of the total amount due to the subcontractor has been paid. |
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Term
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Definition
| Contractors contain specific provisions itemizing events of default |
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Term
| Warranty of Specifications |
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Definition
| the spec's are free from default, implied warranty |
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Term
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Definition
| Belongs to the office of a judge |
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Term
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Definition
| Contractor and design agree to provide a finished building at an agreed upon price. All the owner has to do is 'turn they key' |
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Term
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Definition
| Intentional release of a known right. This is bad, legal consequence |
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Term
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Definition
| State/quality unknown or vague |
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Term
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Definition
| Legislation conflicts with recognized general principle, beyond the legislature to change |
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Term
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Definition
| Promise that what is created will work |
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Term
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Definition
| rule for management/government by a superior authority |
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Term
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Definition
| Including items such as indemnification clause, no damage for delay, surety clause in contract. This is not great for an owner to include, this is in favour of the contractor |
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Term
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Definition
| Protection. Bonds are considered security against default by bidder/contractor |
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Term
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Definition
| Body of law the governs sale of goods |
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Term
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Definition
Law that must be followed within that jurisdiction
Like a bylaw but legit penalties |
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Term
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Definition
| Unless a contract is in writing, it is not legit in court |
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Term
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Definition
| Document that one cannot be profitable at the expense of another |
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Definition
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Term
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Definition
| Must appear in the contract, no 3rd party beneficiary |
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Term
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Definition
| Wrong-doer, commits tort. This is a bad person who does bad things |
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Definition
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Term
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Definition
Determines if damage was latent (hidden) and beyond control or if damage was patent (visible) and within control of the observer.
Latent Damage is unforeseen
Patent Damage someone is at fault |
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Term
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Definition
| Federal act for safety and health in the work place |
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Term
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Definition
| The party that complains/sues |
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Term
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Definition
| A previous example of the same situation to act as a rule for future guidance. |
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Term
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Definition
| Relationship between parties involved in contract |
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Definition
| No 3rd party liability, cannot approach the bench if you are not involved in the contract |
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Term
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Definition
Declaration made by a party concerned in an act about to be/already done
they are unhappy |
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Term
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Definition
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Term
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Definition
Action of public admin officers to investigate and exercise discretion of judicial nature
OHSA is one of these |
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Term
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Definition
| Portion of contract documents that define terms and standard stuff |
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Term
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Definition
| Agency relationship created by the acts of parties based on proof of other facts |
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Term
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Definition
| Certificate/document allowing you to do something |
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Term
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Definition
| Created by acts of the parties involved isolated from proof of other facts |
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Term
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Definition
| What you are responsible within the contract. The 'duty' |
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Term
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Definition
| sharing the loss of payment/funds among several people |
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Term
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Definition
| A contract between sub and prime contractor. Performance of sub tied to prime in the same manner as the prime is tied to the owner |
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Term
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Definition
| the decision from a settlement of a dispute is final |
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Term
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Definition
| Ability to perform acts, necessary for entering into a contract |
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Term
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Definition
| Using precedent cases to prove your point |
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Term
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Definition
| Revisions made to original contract |
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Term
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Definition
| Court administers justice, obligation is ethical rather than jural |
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Term
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Definition
| Sustainable only in a court of equity |
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Term
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Definition
| A party suffers a loss but cannot take legal action |
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Term
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Definition
| Loss of profits or loss due to a delay in the contractor's schedule |
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Term
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Definition
| This is given to a contractor when the project is interfered with by the owner. For instance the contractor must employ extra man power because of an owner's delay. Sometimes these costs are not granted |
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Term
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Definition
| Records that may be used to prove the facts (receipts, emails) |
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Term
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Definition
| Uninterrupted series of events |
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Term
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Definition
| Something previously unknown has been revealed. |
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Term
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Definition
| A provincial/national rule. Any act that is opposed to it is null. i.e. bylaws are useless against this if they conflict |
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Term
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Definition
| Reason or material cause of a contract |
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Term
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Definition
| Uncovering what is secret |
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Term
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Definition
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Term
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Definition
| change made in the progress of work |
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Term
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Definition
| Certificate/document allowing you to do something |
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Term
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Definition
| The owner can reject any bids because they feel like it |
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Term
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Definition
| Collateral agreement you will get your shit done |
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Term
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Definition
| Solicitation for competitive bids |
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Term
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Definition
| When you submit a sealed proposal to the owner to be considered. This is mandatory on public works projects, but private owners do not have to do this. |
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Term
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Definition
| Various models, enacted into local law. Is everything up to proper standards etc. |
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Term
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Definition
| Allows contractor to start work on earlier phases before plans for the entire project are completed. I.e. Maple Heights |
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Term
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Definition
| LA and owner in fiduciary relationship in respect to the contractor |
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Term
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Definition
| A promise is established even if interference from nature |
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Term
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Definition
| Material/method used in place of what was originally spec'd. THERE IS A COST DIFFERENCE. Change Orders would be required. Owner makes this decision |
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Term
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Definition
| sum of money set aside by the owner to remove a portion of work from the competitive bidding. Also can be used for allowance of error (money etc.) |
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Term
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Definition
| Receive bids from various contractors |
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Term
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Definition
| Document releasing the contractor right to lien. Everything has been paid, call the hit off. |
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Term
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Definition
| Something sold, and will be used for what it was sold for. |
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Term
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Definition
| Plan to make sure everything is of a quality standard |
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Term
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Definition
| Also Indemnification Clause |
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Term
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Definition
| Exempt from duties required by law |
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Term
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Definition
| Organization that is not in the state/jurisdiction it is performing to work. |
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Term
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Definition
| Issued by LA to direct the contractor to change a portion of building different than what is done in the plan. Only issued if no cost/time difference than the original |
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Term
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Definition
| Someone offering something to someone else with the intention of person number 2 retaining it |
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Definition
| Intention does not have to be written out |
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Definition
| Written/signed document establishing a fact is true |
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Term
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Definition
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Term
| Implied Contractual Provisions |
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Definition
| Provisions that do not exist in the written document but exist because it is implied |
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Term
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Definition
| Action initiated by one of the parties in the contract towards another |
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Term
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Definition
| Action between 2 or more people for fraudulent or deceitful purposes. Conspiracy |
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Term
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Definition
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Term
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Definition
Document issued by LA directing the contractor to build something differently than the original contract. Has an effect on price and time.
Issued to CONTRACTOR by LA, not valid until signed by OWNER |
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Term
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Definition
| Issued by LA to certify contractor has finished their work. (Sometimes called an L3). Presented to the owner for payment to the contractor |
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Term
| Certificate of Substantial Completion |
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Definition
| Issued by LA when a portion of the project is complete |
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Term
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Definition
| Issued by building inspector to certify the structure can be used |
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Term
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Definition
Offer to perform a contract for the work, labour or supplying materials at a specific price
Becomes a contract when the owner accepts the bid |
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Term
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Definition
| Turning away a bid because it was an improper submission, or the owner can decide to turn it down |
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Term
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Definition
| Modification to the contract documents during the bid period. |
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Term
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Definition
| local codes governing use of land and characteristic of what may be developed |
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Definition
| Portion of the project is complete and can be used for its intended use |
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Definition
| Choice with no effect/cost to the owner |
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Term
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Definition
Person authorized to act for another
Typical Relationship: principal, agent, 3rd party
LA is a REPRESENTATIVE |
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Term
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Definition
| Improvement that enhances the value. May be permanent or temporary |
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Term
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Definition
| Failure to exercise a degree of care another company would identify (failure to use common sense) |
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Term
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Definition
| Amount of time allowed by a statue for legal action to take place |
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Term
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Definition
| Capability to perform contract requirements |
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Definition
| Submitted a bid under a competitive sealed bid |
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Term
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Definition
| Party not included in the contract |
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Term
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Definition
| Party that initiates the project, will take the title of it when it is completed. |
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Term
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Definition
| Party signing the contract to directly perform the work. |
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Term
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Definition
| Organizing construction project from start to finish |
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Term
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Definition
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Term
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Definition
Anyone contracted to provide labour and services necessary to complete a project
When hired by owner: Prime
When hired by Contractor: Sub |
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Term
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Definition
| Engineer assigned to a project during the construction |
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Term
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Definition
| Person/organization hired by owner to design a project |
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Term
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Definition
| Person with a particular area of expertise in a limited area of building design |
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Definition
| General recognition, conformity |
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Term
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Definition
| Organization has standard general conditions for inclusion in spec's (i.e. BCSLNA Standard for planting) |
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Term
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Definition
Assures if the contractor fails, the surety company will complete the performance or pay the damages
Also applicable between prime and sub |
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Term
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Definition
| policy to make sure that quality will be achieved |
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Term
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Definition
| Implement the quality assurance plan, usually during construction |
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Term
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Definition
| Implement plan for applying quality assurance policies during the construction phase |
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Term
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Definition
| Party which takes over a portion of the contract from the prime |
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Term
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Definition
| Promise to perform or pay as a penalty |
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Term
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Definition
| Security to ensure the bidder will enter the contract if the award is made |
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Term
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Definition
| Source of payment for contractors, subcontractors, labour and materials |
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Term
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Definition
mutual help in certain federal agency contracts
i.e. building on an indian reserve, using them for labour |
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Definition
| Amount of money established by a fixed percentage for security purposes (usually 10%) |
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Term
| Standard of Performance/Care |
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Definition
| Standard a professional must exercise that is on the same level of other professionals |
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Term
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Definition
| Party that takes over if the company they are guaranteeing fails. Must pay or complete the project. |
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Term
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Definition
| Group assigned to implement quality control during construction |
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Term
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Definition
Form the face value of a written agreement
Drawings, Spec's General Conditions etc. |
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Definition
| Promise between two or more people an exchange of goods or services, this is legally binding. |
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Term
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Definition
| Doubtful of a meaning of something |
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Term
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Definition
| federal and state laws to protect unfair restraints or monopolies (rigging the bids) |
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Term
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Definition
| Creating a legal power of obligation between two parties |
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Definition
| A contract is not binding because something essential is missing |
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Definition
| A clause granting a time extension for delays but no money for compensation |
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Term
| Mandatory Clauses/Provisions |
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Definition
| Clauses that must appear in the contract |
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Term
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Definition
| Issued by the court, date and time a decision will be made by the court |
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Term
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Definition
| This is the verdict from the court, directing a corporation to give back the rights/correct what they did wrong to the complainant |
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Definition
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Term
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Definition
| Relates to the court of justice |
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Term
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Definition
| You may be held responsible for things that will affect a third party if you caused damages |
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