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Definition
| increase labor or equiptment to speed up project to mitigate impact or delays |
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Definition
| cost of making up lost time |
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Definition
| one party indicates that they intend to breach obligations |
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Definition
| lender is satisfied project will make money and that the risk is covered by insurance |
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Term
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Definition
| using bids from one party to obtain lower prices from another |
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Term
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Definition
| made in compliance with contract terms, irrevocable until end of evaluation period. |
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Term
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Definition
| form of contract where one party (the Surety) guarantees performance by another (the principal; usually the contractor) |
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Term
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Definition
| additional payment for good performance |
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Term
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Definition
| request from owner to sellers of goods and services (bidders) to submit bid for |
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Term
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Definition
| Coalition for environmentally responsible economies (created in the wake of the Exxon Valdez oil spill) |
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Term
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Definition
| additional work paid at cost-plus; ordered by consultant, not owner |
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Definition
| Paperwork for changes to contracts |
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Term
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Definition
| establishes individual rights to all Canadians and prohibits grounds such as discrimination |
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Term
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Definition
| covers claims made during the policy period; it does not matter when the loss happened (most liability insurance) |
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Term
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Definition
| membership in the union is a precondition of hiring |
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Term
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Definition
| delays where a party is contractually entitled to recover damages |
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Term
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Definition
| governs bids and trade practices (Federal) |
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Term
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Definition
| when professionals have conflicting obligations to 2 separate parties |
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Term
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Definition
| a trust implied by law to protect the rights of one party in a relationship |
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Term
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Definition
| indirect losses; ex. Loss of business |
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Term
| Constructive Acceleration |
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Definition
| Contractor forced to accelerate without the owners acknowledgement |
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Term
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Definition
| changes to contract owner refuses to acknowledge |
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Term
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Definition
| employer changes contract and employee rejects it |
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Term
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Definition
| Consumer legislation - liable for damages from defective product under consumer protection act. |
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Definition
| enforceable (i.e. upholds in court), voluntary agreement between two parties |
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Definition
| Contract Law – breach contract by performing work incorrectly or not upholding commitments |
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Term
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Definition
| fundamental principles of whether or not a contract is enforceable |
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Term
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Definition
| voluntary agreement between two or more parties that set out the rights, responsibilities and liabilities of each party |
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Term
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Definition
| statement of claim from defendant |
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Definition
| compensation awarded to injured party by court |
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Definition
| court determined rights, but does not require parties to do anything |
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Term
| Definition Of Discrimination |
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Definition
| the action of discerning ,distinguishing things or people from others, and making a difference |
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Term
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Definition
| an event that extends the duration of a project |
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Term
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Definition
| process of charging a member and proceeding to a hearing to determine guilt |
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Term
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Definition
| parties must produce all relevant documents |
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Term
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Definition
| took all reasonable active steps to ensure no breaches. |
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Term
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Definition
| Was there a reasonably foreseeable risk of injury or damage to others as a result of the action? And Was anyone close enough to be affected by the action. |
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Term
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Definition
| pro-active strategy to ensure all members of society have fair and equal access to employment opportunities (NOT the same as Quotas) |
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Term
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Definition
| charging a non-member for practicing or using an exclusive title. |
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Term
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Definition
| one party relies on actions of another party instead of on contract (ex. Landlord estopped from requiring payments on 1st of month if continually accepts payments on 3rd; they waived contractual rights) |
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Term
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Definition
| Ethics – the study of right and wrong, good and evil, obligations and rights |
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Term
| Examination For Discovery |
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Definition
| oral cross exam of opposing party |
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Term
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Definition
| exclude damages or remedies available to the innocent party in the occurrence of a specific event |
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Term
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Definition
| can extend completion date, but it is not compensable |
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Term
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Definition
| conditions that have been discussed and agreed upon |
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Term
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Definition
| Failure Analysis – Examines consequences of a component failing and reduces probability of failure. |
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Term
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Definition
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Term
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Definition
| beyond all control of the parties |
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Term
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Definition
| party not performing any obligations; injured party can terminate contract and sue |
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Term
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Definition
| complaint that other party breached collective agreement |
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Term
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Definition
| participants pay for units that entitle them to a share of the outcome |
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Term
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Definition
| Hazard Analysis – identify hazard, eliminate when possible, shield when they can’t be eliminated, and provide remedial action when they can’t be shielded (i.e. warn user of risk) |
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Term
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Definition
| an event that detrimentally affects the project |
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Term
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Definition
| not discussed, but taken for granted |
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Term
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Definition
| practicing outside field of expertise, lack of adequate knowledge, skill or judgment |
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Term
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Definition
| prohibits party from doing something |
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Term
| Innocent Misrepresentation |
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Definition
| no intention to deceive; may still be entitled to recession |
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Term
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Definition
| contracts of indemnity (contract law applies) |
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Term
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Definition
| Fraud, trespass, defamation |
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Term
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Definition
| questions sent to a party that must be answered under oath |
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Term
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Definition
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Term
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Definition
| two or more trades claim that a certain portion of work belongs to them. General solve these disputes with the labor board to prevent work stoppage. |
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Term
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Definition
| employee has breached employment contract |
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Term
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Definition
| person between the manufacturer and the consumer with specialized technical knowledge |
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Term
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Definition
| basic terms of future contract; NOT enforceable |
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Term
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Definition
| protects against 3rd party claims |
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Term
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Definition
| charge or claim against property |
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Term
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Definition
| used as security to remove liens from a property; not put into place until a lien has been placed. |
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Term
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Definition
| limits damages or remedies available to the innocent party in the occurrence of a specific event |
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Term
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Definition
| time limit claim must be made in |
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Term
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Definition
| estimates of loss written into contract |
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Term
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Definition
| breach caused by not providing relevant information to insurer |
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Term
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Definition
| use unaffected portion of the project to compare to the productivity of the affected portion |
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Term
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Definition
| Negligence, incompetence, corruption |
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Term
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Definition
| standards of conduct required by society |
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Term
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Definition
| Carelessness; Carrying out work below accepted standard of care. |
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Term
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Definition
| failure to take reasonable care of another party. |
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Term
| Negligent Misrepresentation |
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Definition
| injured party relied on erroneous information and suffered a loss (includes concealing facts) |
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Term
| Notice And Agreement By Conduct |
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Definition
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Term
| Notice Of Claim Provision |
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Definition
| procedure to follow to give notice and info for a claim |
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Term
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Definition
| undue interference with the use and enjoyment of rights to land) |
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Term
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Definition
| party whom obligations are owed (usually the owner) |
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Term
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Definition
| covers claims for damage which occurred during the policy period (ex. House insurance, car insurance, etc.) |
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Term
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Definition
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Term
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Definition
| buy shares or do work in exchange for an interest in a property |
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Term
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Definition
| when contract language is clear, extrinsic evidence is not admissible to add to, vary or contradict the written words |
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Term
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Definition
| punishment for breach of contract; written into contract; often NOT enforced in court |
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Term
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Definition
| set out operating parameters that must be met by final product |
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Term
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Definition
| events covered by insurance |
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Term
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Definition
| process to determine likelihood of contamination without drilling (use records of site, etc.) |
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Term
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Definition
| assess quantity of contamination and compare to regulations; test water and soils |
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Term
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Definition
| environmental remediation; detailed description of contaminants, remediation program, samples and measure of success of remediation program |
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Term
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Definition
| acceptance is communicated as soon as contract is placed in the mail |
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Term
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Definition
| (aka closely held corporation) all stocks held by a small group of people. Finances are not public |
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Term
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Definition
| a discussion aimed at resolving a dispute thru compromise |
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Term
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Definition
| purchase of goods and services |
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Term
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Definition
| A calling requiring specialized knowledge and long and intensive preparation. Maintained by force of organization and committing its members to continued study and to a kind of work which has its prime purpose of rendering a public service. |
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Term
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Definition
| Act of planning, designing, composing, evaluating, advising, directing, supervising or managing that requires the application of engineering principles and that concern the safeguarding of life, health, property, economic interests, the public welfare or the environment |
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Term
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Definition
| act of planning, designing, composing, evaluating, advising, directing, supervising or managing that requires the application of engineering principles and that concern the safeguarding of life, health, property, economic interests, the public welfare or the environment |
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Term
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Definition
| Unprofessional conduct, incompetence, negligence, breach of the code of ethics, physical or mental incapacity and conviction of a serious offence. |
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Term
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Definition
| protects against losses due to a certain cause |
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Term
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Definition
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Term
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Definition
| written document with financial and technical information about securities made available to potential investors |
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Term
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Definition
| publicly traded and has stringent rules |
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Term
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Definition
| company must be paid amount work is worth, even without contract |
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Term
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Definition
| requires all employees to pay union dues |
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Term
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Definition
| one party tells another that they won’t perform obligations |
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Term
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Definition
| damage to property that wasn’t of faulty design |
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Term
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Definition
| regulates exclusive rights for its members to use a particular title |
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Term
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Definition
| regulates an exclusive right for its members to practice a particular field |
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Definition
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Term
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Definition
| protects and promotes fair and efficient trading; prohibits insider trading |
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Term
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Definition
| distinguishing one group from other to its detriment |
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Term
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Definition
| when the plaintiff is also partly at fault, all parties are automatically only responsible for their own portion of the losses |
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Term
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Definition
| Unwelcome sexual advances from a person with more “Power” |
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Term
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Definition
| Injured party cannot terminate contract, but can sue |
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Term
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Definition
| court order to perform specific act |
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Term
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Definition
| detailed work requirements, quality and standard of material and workmanship. |
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Term
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Definition
| Standard – publications that establish accepted practices. |
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Term
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Definition
| What a reasonable person would do under the circumstances |
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Term
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Definition
| level of skill and care required of a person based on the level expected by a reasonable, competent member of the profession |
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Term
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Definition
| describes all individual components of the final product |
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Term
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Definition
| do not need to prove negligence, only that the defendant entered the property |
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Term
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Definition
| allows party who has suffered a loss from another party to assume the rights of that other party in order to recover the losses from a third party |
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Term
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Definition
| party added to the lawsuit by the defendant |
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Term
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Definition
| acts committed by one party in violation of the rights of the other; Tort obligations are involuntary and are imposed by the law. |
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Term
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Definition
| Tort Law – Seek damages from negligent party in the absence of a contract |
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Term
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Definition
| difference between actual and expected project costs |
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Term
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Definition
| information used in industry that is valuable since it’s not widely known (ex. Client lists) |
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Term
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Definition
| separates legal ownership and beneficial interest |
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Term
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Definition
| person appointed and given legal ownership of property, but must act on behalf of trust beneficiaries (person who benefits from the trust property) |
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Term
| Uniform Electronic Commerce Act |
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Definition
| determines legal requirements of digital contracts |
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Term
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Definition
| Negligence or negligent misrepresentation |
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Term
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Definition
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Term
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Definition
| become a union member once you’re hired |
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Term
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Definition
| any conduct detrimental to the best interest of the public or that harms the good standing of the profession (also breach of code of ethics) |
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Term
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Definition
| Employer is liable fro employees actions |
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Term
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Definition
| occurs when one party stops enforcing their contractual rights |
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Term
| Negative Restrictive Covenant |
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Definition
| Requirement to refrain from doing something |
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Term
| Positive Restrictive Covenant |
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Definition
| Requirement to do something |
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Term
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Definition
| Tangible personal property |
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Term
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Definition
| Use of courrts to resolve disputes |
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Term
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Definition
| Files about the claim, defense and particulars of the case |
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Term
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Definition
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Term
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Definition
| Assisted negotiation aimed at resolving a dispute thru compromise |
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Definition
| Guarantee that owner will be paid a penalty if the contractor fails to enter into a contract |
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Term
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Definition
| Surety guarantees contractors performance of the construction contract |
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