Hinze Chapter 5-8 Flashcards Preview

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Flashcards in Hinze Chapter 5-8 Deck (35)
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1
Q

Agency Agreement

A

An agency agreement consists of a principal authorizing an agent (a different party) to do something on their behalf with a third party. It must be consensual and issued by the principal

2
Q

Ways an agency agreement can be created (3)

A
  • Law or Contract (express or implied)
  • Ratification of an unauthorized act (after the fact)
  • Estoppel (implied by past actions)
3
Q

Contingent Liability

A

All parties on a construction site are independent, through contingent liability, the GC may be responsible to the owner and third parties for the torts of a sub

4
Q

Describe the circumstances in which an employee can act as an agent

A

If the employee has the “right to direct what should be done and when and how it should be done, the right to general control”

example on page 61

5
Q

List the order in which the following activities occur:

Work Plan
Scope of Services
RFP
Budget

A
  1. RFP
  2. Scope of Services
  3. Work Plan
  4. Budget
6
Q

Landscape Architects may be licensed under a….

A

Practice and Title Act

7
Q

Scope of Services

A

sets out precisely what services a consultant will be performing on a project

8
Q

What is the purpose of a bid bond?

A

to discourage frivolous bids

9
Q

The bid bond for a $100,000 bid would be how much?

A

$5,000 (5%)

10
Q

If a duty exists, substandard performance is proven, and damage occurs, the type of legal issue you would be charged with is:

A

Negligence

11
Q

Your business partner made a mistake in a drawings that caused a client to lose considerable sum of money. You are liable for all or a portion of the damages under what definition?

A

Joint liability

12
Q

Arbitration

A

a form of alternative dispute resolution, is a way to resolve disputes outside of judiciary courts. It is legally binding on both sides and enforceable in the courts.

13
Q

Does the agent to a principal have the legal power to bind the principal to the decisions made with a third party?

A

yes

14
Q

Your plan calls for a considerable amount of excavation on a small property. What two property rights should you be concerned with?

A

Land form maintenance and subsurface rights

15
Q

Identify the order in which the following items would be developed in your office:

Advertisement to bid
RFP
Work plan
Qualifications statement
Scope of Services
A
  1. RFP
  2. Advertisement to Bid
  3. Qualifications Statement
  4. Scope of Services
  5. Work Plan
16
Q

The chart most commonly used for the typical projects in landscape architectural office is:

A

Bar Chart

17
Q

If you are trying to integrate, sequence and schedule taks and activities for a complex project in a manner that will involve everyone and that will be easy to read you would select which type of graph?

A

Critical path method (CPM)

18
Q

Which of the following is NOT a project management document?

Work plan
Scope of Services
Time Sheet
RFP

A

RFP

19
Q

What does ‘consideration’ mean?

A

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

20
Q

What is the advantage of a unit bid price over a lump sum bid?

A

Unit price bids are easier to evaluate.

21
Q

What conditions could dissolve a partnership?

A
  • Death
  • Bankruptcy
  • Expiration of time periods
  • Mutual agreement
  • One partner is insane
  • Mutual agreement ceases to exist
  • One of the partners decides to withdrawal
  • Court decree
  • A change in the partnership
  • Expulsion of a partner
22
Q

In what order would debts be settled in dissolving a partnership

  • Profits left even spread amongst partners
  • Repayment of loans or advances
  • Outside creditors
  • Return each partners capital investment
A
  1. Outside creditors
  2. Repayment of loans or advances
  3. Return each partners capital investment
  4. Profits left even spread amongst partners
23
Q

Tort

A

disputes that relate to matters not address by statutory law or contract obligations

24
Q

Attractive nuisance

A

The part controlling a piece of property should know that childrenare likely to trespass and that there is an unreasonable risk of death or serious injury on site

25
Q

How do torts differ from criminal acts?

A

A tort is an offense against a person that does not involve a crime or the violation of a law

26
Q

What 4 conditions must exist for an injured party to successfully sue another person in a tort action?

A
  1. One party owes duty to another party
  2. The party does not conform (breach in the performance of that duty) to the standard
  3. The second party is harmed by the act or failure to act
  4. There is a clear casual relationship between the act and the harm that results
27
Q

Explain the rationale for regarding attractive nuisances as torts

A

Trespass violations are torts, often attractive nuisances involve trespass

28
Q

Describe duty of care as it pertains to contractors

A

Ensure that another party doesn’t suffer unreasonable harm or loss as a result of contractual obligations or tort of negligence

29
Q

Contract how a tort suit would generally differ from a contract dispute

A

Tort suit is an informal notice of claim

30
Q

surety bond

A

essentially a guarantee provided by a firm that states that the contractor will fulfill the terms of the contract

31
Q

bid bond

A

gives assurances that the contractor will enter into a binding construction contract and will provide required payment and performance bonds

32
Q

Performance bonds

A

assures that a financially responsible party wil stand behind the prime contractor is he or she does not perform properly. These usually state a specifies dollar amount as a limit to the liability of the surety.

33
Q

Which bond usually has a 100% of the contract price?

A

Performance bonds

34
Q

Payment bond

A

gives protection to the owner is the subs and suppliers are not paid by the prime contractor, prevents liens

35
Q

The Miller Act

A

The Miller Act requires prime contractors on some government construction contracts to post bonds guaranteeing both the performance of their contractual duties and the payment of their subcontractors and material suppliers.