LARE EXAM 1
Outline the business relationships between the three principal parties that are involved in a landscape
construction project (Their obligations) correct answers1. Owner/ client - initiate the project ; signs
separate contracts for completion, & responsible for funding design & construction
2. Contractor - hired by owner to combine necessary ingredients of materials , labor, equipment, and
management to accomplish job
3. Landscape architect - deals w/ both. only contractual relationship is w/ owner - finical feasibility,
preliminary designs, preparation of documents, onsite observation
What is professionalism? What Relationship does it have with ethics? correct answersProfessionalism is
someone who is ethical, has advance training, a high level of competence, mental services rather than
manual labor, qualifications & licensure, & same quality of service to all regardless of fees.
Professional ethics - defined rules that govern business conduct and values used to achieve goals
Describe the difference between direct cost and overhead cost in a contractor's cost accounting system
correct answersDirect cost - materials, labour, equipment
Overhead coast - expenses not directly charged to field operations
Name 4 sources for appropriation of funds to finance public works projects. correct answers1. annual tax
receipts - Tax revenues received by government from all sources
2. General Obligation bonds - is a type of municipal bond that is backed entirely by the issuers
creditworthiness and ability to levy taxes on its residents
3.Revenue Bonds - municipal bond supported by the revenue from a specific project, such as a toll
bridge, highway or local stadium.
,4. Special Appropriation Tax - place on the public for a limited time and a specific project (i.e. 1% sales
tax increase for 2 yrs. to build zoo )
5.User Fees - money collected from users of a particular facility.
6. Grants, matching funds, gifts or a bestowal
List the 4 sources of law in the US and Outline how each functions correct answers1. Federal & State
Constitutions - establishes fundamental rights, sets up a legislator for making laws
2. Court Decisions - interpret constitution, legislative law, and the principles of common law
3.Federal, State, & local statues-
4. Executive Order - issued by president
Addendum correct answersA written document issuing changes to the plans and/or specifications after
they are put out for bid but before the contract is signed. Addendum acknowledgment must be indicated
on the bid form
Administrative Agency correct answersA regulatory agency established by statute. A department of
government formed to administer a particular area. An example of a federal administrative agency
would be the environmental protection agency who endeavors to control pollution by research,
monitoring, standard setting and enforcement activities. Similar agencies also exist at the stat level
Agent of the owner correct answersA person authorized by the owner to act as the owner's
representative to bring about performance of contractual obligations.
Arbitration correct answersA procedure whereby contracting parties may submit a dispute to an
impartial board for a decision. An alternative to a suit in a court of law. this method makes it possible to
avoid many of the legal formalities, delays, and expenses which result from litigation
,Article correct answersmajor subject with a part of a specification section consisting of one or more
related paragraphs and subparagraphs.
Bid correct answersAn offer to perform a contract. Generally includes both labor and supplying materials
for a specified price. may be referred to as a proposal
Bid documents correct answersthe advertisement, instructions to the bidder and dib form
bid form correct answersthe contractor fills out this form to submit the bid. a written instrument so that
all bids will be prepared in a similar manner. A uniform format allows accurate comparison of bids. in the
past, proposal or bid proposal has been used extensively.
capital correct answersDesignate goods and assets used by private works for the productive of profits.
It's the owner's equity in a business or the total assets of a business.
change order correct answersA written document issuing changes to the plans and /or specifications
after the construction contract is awarded. It is prepared by a landscape architect and signed by the
owner and contractor.
civil law correct answersGoverns citizens, in their relations with each other. The injured party must bring
suit against another party for damages. In civil action the injured party, called the plaintiff, brings suit to
recover compensation for the violation of duty cause by the wrongful conduct of the other, referred to as
the defendant. The principle form of relief is money.
client correct answersInitiates the project, signs separate contracts with the landscape architect and
contractor for its completion. Responsible for funding both the design and the construction operations.
The owner may be an individual or an organization in the private or public sector.
common law correct answersLaw derived from traditional usage and customs as representing what is
right and wrong in human relationships. Its principles have been established by gradual adoption and
verified by decisions in the courts of justice, without legislative action. Common law is recognized by all
courts, but differs in many details from state to state.
, competitive bid contract correct answersA type of contract that is straight-forward and business like
whereby the owner takes his chances in an open market situation; paying a fixed price for a definite
service.
Abnormally Dangerous Activity Rule correct answersCertain activities present an unusually high risk of
danger in a particular locale eg, use of explosives in a highly populated area. In such case, the party
engaging in the activity may e strictly liable for damages cause by the activites. In other words, that
person is liable even if the injured party cannot prove intent to harm or negligence
Abstract correct answersA document summarizing the chronological and legal history of a parcel of land
used to evaluate the validity of a title or type of deed to be issued.
Acceptance (of an offer for a contract) correct answersAcceptance occurs when the person to whom an
offer is made (the offeree) manifests their agreement to the contract terms proposed by the offeror.
Under the objective theory of contract law, whether acceptance has occurred is judged by a reasonable
person standard, not by the subjective intent of the offeree am and be made by written or spoken words
(express) or by behavior (implied)
Accord and satisfaction correct answersan enforceable agreement by all parties to a dispute to settle a
dispute. The terms of the settlement must require each part to give up part of their original claim. In
other words, the parties agree to new terms (the accord) and to give up prior claims
Account Receivable Insurance correct answersIndemnifies for losses that are due to an inability to collect
from debtors because records have been destroyed by an insured peril.
Accreditation (of Schools) correct answersThe offical authorization of professional education programs
by that profession's sanctioning body, certifying that an accredited program satisfactorily teaches the
curriculum deemed necessary for professional preparation
Actual Cash Value (ACV) coverage correct answersThe replacement cost of property less an allowance for
actual deprecation
Ad Valorem Tax correct answersare levies made in proportion to real estate value for support of public
purposes.