Construction Dictionary - 0 Bids & Contracts Terminology Construction Dictionary Home Page: https://inspectapedia.com/Design/Construction-Dictionary.php SECTION 00010 ADVERTISEMENT FOR BIDS: Published public notice soliciting bids for a construction proj ect. Most frequently used to con— form to legal requirements pertaining to projects to be cons tructed public authority, and usually published in news— papers of general circulation in those districts from which the public funds are derived. (AIA) BIDDER: One who submits a bid for a prime contract with the Owner, as distinct from a who submits a bid to a prime bidder. Technically, a bidder is not a contractor on a specific project until a contract exists between him and the Omer. (AIA) BID SHOPPER: A term used to describe a biyer who generally plays one proposed supplier or subcontractor against another for the purpose of reducing his purchase price. (AGC) IWITATION TO BID: A portion of the bidding requirements soliciting bi.ds for a pii— vately financed construction Proj ect. (AIA) INVITED BIDDERS: bidders selected by the Architect ard the as the only ones from whom bids will be recedved. (AIA) NOTICE TO BIDDERS: A notice contained in the bidding requirements informing pros— pective bidders of the opportunity to sub-nit bids on a Proj ect and setting forth procedures for doing so. (AIA) PREQUALIFICATION OF PROSPECTIVE BIDDERS : The process of investigating the quali— fications Of bidders on the basis of their competence, integrity and respons ibili ty relative to the contemplated PRE-BID INFORMATION Project. (AIA) RF'P; Request for proposal . (AGC) 00010 ****** Result for Image/Page 2 ****** SECTION 00100 BID DATE: The date established by the Omer or the Architect for the receipt of bids. (AIA) BID FORM: A form furnished to a bidder to be filled out, signed and submitted as his bid. (AIA) BID TIhF,: The date and hour established by the Owner or the Architect for the receipt CAIA) of bids . See also "Bid Date" BIDDING DOCUMENTS; The advertisement or in- vitation to bid, Instructions to Bidders, the bid form and the proposed Contract Documents including any Addenda issued prior to receipt Of bids. (ÄIA) BIDDING PERIOD: The calendar period begin— ning at the time of issuance of bidding requirements and Contract Documents and ending at the prescribed bid time . See also Bid Time. (AIA) BIDDING REQUIREMENTS: Those documents pro- viding information and establishing pro— cedures and condi tions for the submission of bids. They consist of the notice to bidders or advertisement for bids, Ins truc— tions to Bidders, invitation to bid, and sample forms. See also "Bidding Documents" (AIA) Specif ications stipu— CLOSED SPECIFICATIONS : lating the. use of specific products or pro— cesses without provision for substitution. (NIA) CONDITIONS OF THE BID: conditions set forth in the Instructions to Bidders, the notice to bidders or advertisement for bi.ds, the invitation to bidders or other similar documents prescr ibing the conditions under which bids are to be prepared, executed, subni tted, received and accepted. (AIA) INSTRUCTIONS TO BIDDERS: Instructions con- tained in the bidding requirements for pre— paring and submitting bids for a construc— tion Project. See also "Notice to Bidders" (AIA) INSTRUCTIONS TO pr.ppF.RS ****** Result for Image/Page 3 ****** 0200 (C. P.M.) A task or Itan of wrk that must be performed in order to corn— (AGC) plete a proj ect. ACTIVITY DURATION: The ænount of time es- timated as required to accomplish an ac— (AGC) tivi ty. ADDITION (to the structure) : A construc— tion project physically connected to an existing structure, as distinct from al— terations within an existing structure . (ÄIA) (1) A construction project ALTERATIONS : (or portion of a project) comprising re— visions within or to prescribed elements of an existing structure, as distinct from additions to an existing structure. (2) Re— modeling . (AIÄ) APPRAISAL: Evaluation or estimate (prefer— ably by a qualified professional apprais— er) of the market or other value, cost, utility or other attribute of land or other facility. (AIA) (C. P.M.) An arranganent of ARROW DIAGRAM: arrows representing activities trBt des— cribe a project. The head to tail rela— tionship of the activity arrows indicate the sequence in which activities will be per formed . (AGC ) BAR CimRT: The most common form of *schedul— ing" used for construction wrk. It shows total length of time, general cate— gor Ies of wrk and the time each is ex— pected to take but does not show the inter— relation between the various activities. (Forum) BOUNDARY SURVEY: A mathematically closed diagram of the complete peripheral boun— dary of a site, reflecting dimensions , compass bearings and angles. It should bear a licensed land surveyor' s signed certification, and may include a metes and bounds or other written description . (AIA) BORING: A drilling into the earth to bring up samples of the soil to be found at various depths, with the purpose of es— tima ting the load—carrying capacity Of the soil. (AGC) CONTRACT LIMIT: A limit line or perimeter line established on the Drawings or else— where in the contract Documents defining the boundar ies of the site available to the Contractor for construction purppse s. (AIA) CONTRACT LINES : The survey lines on the construction drawing within vhich the con— tractor has the responsibility the 00200 contract. Work outside the •contract i inesti such as sewer, streetmains, will be the res— ponsibi1iEy of the owner or developer (Forum) CRITICN„ PATH (CPM); A charting of all events and operations to be encountered in canpleting a given process, rendered in a form permitting determination of the rela— tive significance of each event, and estab— shing the optimum sequence and duration of operations. See also R Pert Schedule" . IAIA) DUMMY: (CPM) A psegdoactivity with duration of zero. A duruny is a dotted line arrow and used solely to indicate sequence. (AGC) EARLIEST EVmvr OCCURRENCE TIME: (C. P.M. ) The earliest point in time that all activi— ties that precede (whose arrows enter) the event will be completed . (AGC) EARLIEST FINISH (EF): (C.P.M.) Earliest time that an activity can be finished. (AGC) EARLIEST START (ES) : (C. P.M.) Earliest time an activity can be started. (AGC ) EXIENT; (C. P.M. ) The starting point in an arrow diagram for an activity. Also the completion of an activity. It requires no time. Indicated on the arrow diagram by a number enclosed in a circle. (AGC) FAST TRACK: A construction contract that is let without final plans and specs which are supplied as the work progresses. Popular with some government agencies and a splendid source of income to lawyers. (Forum) FREE FLOAT: (C. P.M.) The amount of extra time 1: J: -i available for an activity if every activity in the starts as early as it is possi— ble. It is thus the amount of float that can be allocated to an activity without inter— fering with subseuqent work. (AGC) (C. P.M.) A symbol that describes the event at the tail Of an activity arrow (see move— ment of inertia ) . (AGC) (C. P.M.) Any arrow in an arrow diagram. (AGC) (C. P.M.) A number that describes the event at the head of an activity arrN. (AGC) IND SURVEY: A survey Inade to determine the lengths and directions of boundary lines and the area of the tract bounded by these lines or a survey made to establish the positions of the boundary lines on the ground. (See survey; survey) . (AGC) LAND SURVEYOR (TOPOGRAPHICAL SURVEYOR) : A person who measures land and buildings for nzpping Most engineers, structural, civil or mechanical, can act as surveyors since designing requires a knowledge of surveying. (AGC) ****** Result for Image/Page 4 ****** SECTION 00200 (C.P.M.) The dead- LATE* EV%NT OCCURRENCE TIME: line by which time an event must be cornpleted if the project is not to be delayed. (AGC ) (C. P.M.) The latest point in• LATEST FINISH DATE: time by which no further work must be done on an activity if the project is not to be delayed. (AGC) (C. P.M.) The latest possi— LATEST START DATE: ble point in time by which an activity must be started if the project is not to be delayed. (AGC ) METES AND BOUNDS: The boundaries, property lines or limits of a parcel of land, defined by dis— tances and compass directions . (A1 A) PERT: In the pure sense, a probalistic, event— oriented control technique. An acronym for Project Evaluation and Rev iew Technique. In recent tirnes, the term PERT has been used as a synonym for critical path method. (AGC) An acronym for Project Evalua— PERT SCHEDULE: tion Review Technique. The Pert Schedule charts the activities and events anticipated See also "Critical Path in a work process. Method (CPM) PROGRESS SCHEDULE: A diagram, graph or other pictor ial or written schedule showing proposed and actual tiraes of starting and completion of the various elements of the Work. (1) critical Path Method (CPM); (2) PERT Schedule. (A1 A) "S" CURVE: A chart showing when and . how much rnoney must be paid by the owner to contrac— tor on the anticipated job progress on the con— tractor's requisitions. The base data from this is taken from the C. P.M. or Bar which shows anticipated rates of progress on the job and is translated into the dollars needed by the owner to pay for job progress. A financial tool showing the "cash flow" to the job . (Porum) SOIL: Generic term for fine earth material pro— duced by the of various rocks, mixed organic matter and decomposed vegetable (AGC ) matter above bedrock. SOIL MECHANICS; The study of the composition of soils, their classif ications, strength, water flow through them and active and passive earth pressures in relation to them. (AGC) SOIL PROFILE: A section showing the vertical succession of soil on a site. (AGC ) SOIL SAMPLER (SAMPLING SPOON) : A tube driven into the ground to obtain an undi sturbed sample Used primarily for clays, since the technique of getting undisturbed samples of clean sand is much more cmplicated. (AGC) SOIL TEST: A test to ascertain whether soil is suitable for leaching and to determine the size of the tile field. (AGC) 00200 INFORMATION AVAILABLE TO BIDDERS SUBSURFACE IWESTIGATION: The soil boriog and sampling program, together with the associated laboratory tests, necessary to establish subsurface prof i Ies and the relative strengths, compressibility and other character istics of the various strata encountered within the depths likely to have an influence on the de— sign of the project. (AGC) SURVEY : (I) Boundary and/or topographic (2) Measuring an exist— of a site. (3) Analyzing a building ing building. (4) Determining Owner's for use of space (5) Investi— requirements for a Project. ga ting and reporting of reauired data for a Proj ect. (AIA) TIME (as the essence of the Contruction Con— Tine limits or periods stated in tract) : the Contract . A provision in a Construc— tion Contract that ntirne is of the es— sence of the Contract" signif ies that the parties consider that punctual per— formance within the time limits or periods in the Contract is a vital part of the per formance and that failure to perform on time is a breach for which the injured party is entitled to darnages in the of loss sustained. (AIÄ) Date establ ished in TIME OF COMPLETION : the Contract, by name or by number of days , for Substan tial Completion of the Work . TOPOGRAPHIC SURVEY: The conf iguration of a surface including its relief and the loca— tions of its natural and manmade features, usually recorded on a drawing showing surface variations by means of con tour lines indicating height above or below a fixed datum. (AIA) TOTAL FLOAT (C. P.M.) The difference be- tween the amount of time available to ac— complish an activity and the time neces— sary. The difference between an activity's late start and its early start. The amount of extra time available to an ac— tivity assuming that all activities pre— ceding have started as early as they can, and that all activities following will start as late as they can. (AGC) ****** Result for Image/Page 5 ****** SECTION 00300 AREA METHOD (of estimating cost) : Method Of estimating probable total construction cost by multiplying the adj usted gross floor area by a predetermined cost per unit of area (AIA)• BASE BID: Amount of money stated in the bid as the sum for which the bidder offers to perform the Work, not including that work for Which Alternate Bids are also submitted. (AIA) The specif ications EASE BID SPECIFICATIONS : listing or describing only those ITBteriaIs equipment and methods of construction upon which the Base Bid must be predicated , exclusive of any Alternate Bids . (AIÄ) . BID: A complete and properly signed proposal to do the work or designated portion there— of for the sums stipulated therein; supported by data called for by the bidding require— men ts . (AIA) BONA FIDE BID: Bid subrnitted in good faith, complete and in prescribed forrn which meets the conditions of the bidding requirements and is properly signed by someone legal Iy (AIA) authorized to sign such bid. LOW BID: Bid stating the lox-est bid ice, including selccted alternates, and com— plying with all bidding requiranents . LOWEST RESPONSIBLE BIDDER: Bidder who submits the lowest bona fide bid and is cons id er ed by the owner and the Architect to be fully responsible and qualif led to perfom the Work for which the bid is submitted. (AIA) LOWEST RESPONSIVE BD: The lowest bid which is responsive to am complies with the bid— (AIA) ding requirements. LUMP SUM BID: A bid of a set antount to cover all labor, equipment, materials, overhead and profit necessary for construction of a variety of unspecif led items of (AGC) T & M (time and materials): work agreed to between the owner and the contractor with payment based on the contractor' s actual cost for labor, equipment and 11BteriaIs plus an add—on factor to cover overhead and profit. (AGC) TURNKEY OPERATION: A tem for all phases necessary to complete construction Of a proj ect with urdeveloped land and ending with the finished product. (AGC) 00300 BID/TENDER FORMS ****** Result for Image/Page 6 ****** SECTION 00400 BBSTRACT OF BIDS: A of unit furnished by the owner or his representa— tive for a given job, for the purpose of selecting the contractor to be awarded the job on the basis of low bid (AGC) ADDITIVE ALTERNATE: An alternate bid result- ing in an addition to the same bidder 's Base Bid. (AIA) AFFIDAVIT OF NONCOLLUSJ.ON: A sworn statement, by bidders for the same wrk, that their proposal prices Ere arrived at irdependent— Iy without consultation between or arrong them. (AGC) ALTERNATE BID: Arnount stated in the bid to be added to or deducted from the ænount of Ehe Base Bid if the corresponding change in project scope or alternate materials and/or methods of construction is accepted. (AIA) BID BOND: A form of bid security executed by the bidder as Principal and by a Surety. (AIA) BID SECURITY: The deposit of cash, certified check, cashier's check, bank draft, money order or Bid Bond sub-nit ted with a bid and serving to guarantee to Owner that the bidder, if awarded the Contract, will exe— cute such contract in accorddnce with the ments. and the contract Docu— BILL OF MATERIALS: Quantity survey; a detailed listing of all items of material required for construction of a EE0ject. (AGC) DEDUCTIVE ALTERNATE: An alternate bid result- ing in a deduction from the same bidder Base Bid. See also "Alternate Bid" . (AIA) DEPOSIT FOR BIDDING DOCUMENTS: Monetary de- posit required to obtain a set of Construc— tion Documents and bidding customarily refunded to bona fide bidders on return of the documents in good condi— tion within a specif led time. (AIÄ) QUANTITY SURVEY: Detailed analysis and list- ing of all items of material and equipmeht necessary to cmstruct a Project. (AIÄ) 00400 SUPPLEMENTS TO BID/TENDER FOUS ****** Result for Image/Page 7 ****** aGRE2åENT: (1) A meeting of minds. legally enforceable promise or promises between two or ænong several per sons. (3) On a construction project, Ehe docu— ment stating the essential terms of the Construction contract which incorporates. by reference the other contract Documents . (4) The document setting forth the terms of the Contract between the Arch it ect and Owner or between the Architect and a con— sultant. AGREEMENT FORM: A document setting forth in printed form the general provisions of an Agreement, with spaces provided for insertion of specific data relating to a particular project. (AIA) AWARD: A cornmunication from an accept— ing a bid or negotiated proposal An award creates legal obligations betæen the parties. (AIA) CONTRACT: A legally enforceable promise or agreement between two or arnong several per— See also "Agreanent" (AIA) sons . CONTRACT DOCUMENTS : The Ovmer —Contractor Agreement, the Conditions of the Contract (General , Supplementary and other Condi— tions) , the Drawings, the Specif ications , all Addenda issued prior to execution of the Contract, all Modifications thereto, and any other items specifically stipulated as being included in the Contract Documents. (AIA) CONTRACT SUM: The price stated in the Owner— Contractor Agreement, which is the total amount payable by the Owner to the Con— tractor for the per formance of the Work under the Contract Documents, The Con— tract Sum can be adjusted only by CYEnge order. (AIA) CONTRACT TIME: The period of time establish- ed in the Contract Documents within which the Work must be completed. The Contract Time can be adjusted only by Order. '(AIA) COST PLUS FEE AGREEMENT: An Agreement under which the Contractor (in an —Contractor Agreænent) or the Architect (in an Owner— Architect Agreement) is reimbursed for his direct and indirect costs and, in addition, is paid a fee for his services. This fee is usually stated as a stipulated sum or (-AIA) as a percentage of cost. DATE OF AGREE}ENT: The date stated on the face of the agreement. If no date is stated, it could be date on which the agreaaent is actually signed, if this is recorded, or it ray be the date established by the award. Also, sometimes referred to as the contract date, (AGC) FEE: A term used to denote payment for pro— fessional ability, capability and avail— ability of organization, excluding sation for direct, indirect and/or reim— bur sable expenses, as an Agreement based 00500 on a "professional fee plus expenses" . • Sane times used to denote compensation Of any kind for services rendered. (AIA) GENERAL CONTRACT: (1) Under the single con— tract system, the Contract between the Owner and the Contractor for construction of the entire Work. (2) Under the separate con— tract system that contract between the Omer and a Contractor for construction of archi tectural and structural Work. TKIA) LETTER AGREEMENT (LETTER OF AGREEMENT) : A letter stating the terms of an agreement be— tween addressor and addressee, usually pre— pared to be signed by the addressee to in— dicate his acceptance of those terms as legally binding (AGC) LETTER OF INTENT: A letter signifying an in- tention to enter into a formal Agreement, usually setting forth the general terms of such Agreement. (AIA) LUMP SUM cowrmcrr: A contract which pro- vides that the owner will pay the contrac— tor a specified sum of money for the com— pletion of a project. (AGC) hEAStJREMENT AND PAYMENT: A system of paying for work completed by mea suring the work in place and applying a previously agreed unit cost to the measured amount to deter— mine the total payment. (AGC) NOTICE OF AWARD. Written notice to the con- tractor that his proposal has been accepted. (AGC) OVERRUN (CONTRACT: QUANTITY) : See contract overrun; quantity overrun. (AGC ) OWNER: (1) The Architect's client and party to the Oimer—Architect Agreement. (2) The owner of the Project and party to the Owner— Contractor Agreement. (AIÄ) OWNER-CONTRACTOR AGREEMENT: Contract between Ovmer and Contractor for a construction Project. (h.r») PEkCENTAGE FEE: compensation based upon a percentage Of Construction Cost. See so PRIE CONTRACT : Contract between Owner and Contractor for construction of a Project of portion thereof. (AIA) PRIME CONTRACTOR: Any contractor on a Proj- ect having a contract directly with the owner. (ÄIÄ) PROJECT COST: Total cost of the Project in- cluding professional compensation, land costs, furnishings and equipment, financing and other charges. as well as the Construc— tion Cost.(AIA) ****** Result for Image/Page 8 ****** 00500 QUANTJTY: Tem used to indicate the znount of wrk to be performed a variety Of items lineal feet, cubic and measurements, e.g. , yard, square yard, per each, etc. (AGC) QUANTITY OVERRUN/UNDERRUN: The difference between the original estimated contract guan— tities ard the quantities in the completed (AGC) work. SELECTED BIDDER: The bidder selected by the for discussions relative to the possible award of the Construction Contract. (NIA) SEPARATE CONTRACT: one of several prime con- tracts on a construction Project. (AIA) SINGLE CONTRACT: contract for construction of a Project under which a single prime contractor is responsible for all of work. (AIA) STIPULATED SUM AGREEMENT: contract in which a specific amount is set forth as the total payment for perforrnance of the Contract. (AIA) UNIT PRICES: Xnounts stated in a contract as prices per unit of measurernent for REteriaIs or services as descr i bed in the Contract Decuments. (AIA) 00500 AGREEMENT ppFMs ****** Result for Image/Page 9 ****** SECTION 00600 BTTORNEY IN FACT: A person autrorized to act for or in behalf of another per son or organization, to the extent prescr ibed {n a written instrurtEnt known as a Power of Attorney. See also n Power of Attorney" (AIA) BOND AGENT (bonding agent) : An independent agent, representing bonding or surety panies, who acts as the Iiaison between the contractor and the surety company. (AGC) COMPREHENSIVE GENEmL LIABILITY INSURANCE: A broad form of liability insurance covering claims for bodily Injury and property dam— age which canbines urEer one policy cover— age for all liability exposures (except those specifically excluded) on a blanket basis and automatically covers new and un— known zards that my develop. Ca•npre— hensive Liability Insurance automatically Includes contractual liability coverage for certain types of contracts. Prod ucts Liability, Completed Operations Liability and Broader Contractual Liability cover— ages are available on an optional basis. This policy nay also be written to include Automobile Liability. (A1 A) CONTRACTOR ' S LIABILITY INSURANCE: Insurance purchased and maintained by the contractor to protect hü•n from specified clairns which may arise out of or result from his opera— tlons under the Contract, whether such op— erati.ons be by himself or by any Subcontrac— tor or by anyone directly or indirectly an— ployed by any of than, or by anyone for whose acts any of them may be liable. DISTRESS WRITER: A surety canpany which specializes in writina bonds for pals who do not for bonding by more conservative surety companies. Such companies rnay rely more heavily on secur ity posted by the principal or on collateral Indemnities rather than the traditional n Tlxee C ' s" of surety char— acter, competence and credit. (Forum) EMPLOYER ' S LIABILITY INSURANCE: Insurance protection for the anployer against claims by employees for damages which arise out of injuries or diseases sustained In the course of the±r wrk and which are based on common law negligence rather than on Ida— bility wrkmen' s compensation acts . LABOR AND MATERIAL PAYBENT BOND: A bond of the. Contractor in which a Surety guaran— tees to the Omer that the Contractor will pay for labor and materials used In the per— formance of the Contract. The claimants undu the bond are defined as those IEving direct contracts with the Contractor or any Subcon tractor. (AIA) LIABILITY INSURANCE; Insurance which protects the Insured against liability on account of injury to the person or property of an— other, (AIA) 00600 BONDS AND CERTIFICATES hAKE GOOD: To repair or correct a defe#. (AGC) MAINTENANCE BOND: A document given by the con- tractor to the owner, guaranteeing to rectify defects in workmanship or mater iaIs for a specified time following completion of the project. A one—year bond is normally incl ud— ed in the performance bond (AGC) MAINTENANCE PERIOD: The period of time after completion of a contract during which a con— tractor is required to make good at his own expense any work which needs repair. Also called warrantee time. (AGC) MILLER ACT BOND or MILLER ACT TYPE BOND: For on federal contracts the government under 40 U. S.C. Section 270 (a) requires that the general contractor post a bond for per— formance and payment. The payment bond re— ci tes certain conditions and limi tations, such as requiring suit within one year of the date after a party does his last work on a project. It also requires materialmen and subcontractors to give written notice in a certain form to the general contractor with— in 90 days after the date they last supplied the job in order to have a valid claim under the bond. This statute has become a model for state legislation called the "Little i.e., Section 137 Of the New Miller Act, " York State Finance Law. The form of the bond is adopted in the AIA forms and in many other bonds required by municipal agencies and private owners. By far, the most common form of payment bond . (Forum) PERFORMANCE BOND: A bond of the Contractor in which a surety guarantees to the Owner that the work will be performed in accordance with the Contract Documents. Except where prohibited by statute, the Performance Bond is frequently combined with the Labor and Material Payment Bond. (AIA) POVER OF ATTORNEY: An instrument authorizing another to act as one's agent. see also "Attorney In Fact" (AIA) PROPERTY INSURANCE: Insurance on the Wock at the site against loss or damage caused by perils of fire, lightning, extended cover— age (wind, hail, explosion, except steam boiler explosion, riot, civil commotion, aircraft, land vehicles and srnoke) , vanda— I ism and malicious mischief and additional perils (as otherwise prov ided or requested) . Soe also t' Special Hazards Insurance". (MA) SPECIAL i•mZARDS INSUmNCE: Additional perils insurance to be included in Property Insur— ance (as provided in contract Documents or requested by Contractor or at option of Owner) such as sprinkler leakage, collapse , water damage, all physical loss, or insurance on materials and supplies at other locations and/or in transit to the site . See al so "Property Insurance" . (AIR) ****** Result for Image/Page 10 ****** SECTION 00600 6TATUTORY BOND: BONDS AND CERTIFICATES A bond, the form or content of which is prescribed by statute. (AIA) SUBCONTRACTOR BONDS: document given to the prime contractor by the subcontractor, guar— an teeing performance of his contract and pay— ment of all labor and materials bills in connection with that contract. (AGC) SUPPLY BOND: A document given by the manufac— turer or supply distributor to the owner guaranteeing that materials contracted for will be delivered as specified in the con— (AGC) tract. SURETY: person or organization who, for a consideration, promises in writing to make good the dept or default of another. CAIA) SURETY BOND. legal instrument under which one party agrees to answer to another party for the debt, default or failure to per— form of a third party. (AIA) WORKMEN'S COMPENSATION INSURANCE: Insurance covering liability of an employer to his em— ployees for compensation and other benefits required by workmen 's compensation laws with respects to injury, sickness, disease or death arising from their employment. (AIA) XCU (insurance terminology) : Letters which re— fer to exclusions from coverage for property damage liability arising out of (I) explosion or blasting, (2) collapse of or structural damage to any building or structure, and (3) underground damage caused by and occurr— ing during the use of mechanical equipment. (ZIA) 00600 ****** Result for Image/Page 11 ****** SECTION 00700 ACCEIERÄTION: Where a contractor is required to canplete at an earlier date than that originally scheduled. This Is seldom done in a literal sense, but when an owner re— fu ses to grant an extension of time to com— plete to which contractor is entitled, the project is said to have been "construc— tlvely accelerated" and may entitle the con— tractor to additional compensation (Forum) ARBITRATION: Method of settling claims or disputes between parties to a contract, rat)rr than by litigation, under which an • arbitrator or a panel of arbi trators, se— lected for his or their specialized know— ledge in the field in question, hears the evidence and renders a deci sion . (AGC) Bau-JS AND PENALTY CLAUSE: A provision in the Construction Contract for payment of a bonus to the Contractor for complet— ing the Work prior to a stipulated date, and a charge against the Contractor for failure to complete the Work by such sti— pulated date. (RIA) CERTIFICATE FOR PAYMENT: A statement from the architect to the owner conf irmina the arnount of money due contractor for work accanplished or rlEteria1s ard equipment suitably stored, or both. (AGC) CHANGE ORDER: A written order to the con- tx actor signed by owner and engineer or architect, issued after the. execu tion Of the contract, authorizing a change {n the work or an adj ustment in the contract sum or the contract time. A change or der nzy be signed by the architect or engin— eer, provided they have written authority from the owner for such procedure and that a copy of such written authority is fur— nished to the contractor upon request. A change order may also be signed by the contractor if he agrees to the adj ustment in the contract sum or the contract time. The contract sum and the contract time may be changed only by change order. (See "Deduction") . (AGC) COMPLETION DATE: The date established in the Contract Documents for Substantial Comple— tion of the Work. (A1 A) CONDITIONS OF THE CONTRACT: Tl-•ose portions of the Contract Documents which define , set forth, or relate to: Contract ter— minology; the rights and responsibilities of the contracting parties and Of others involved in the Work; requirements for safety and for compliance with laws and regulations; general procedures for the orderly prosecution and managernent of the Work; payments to the Contractor; and simi— lar provisions of a general, nontechnical nature. The Conditions of the Contract in— clude General conditions , Supplementary Cond itions and other Conditions . (AIA) GENERAL CONDITIONS OF THE CONTRACT CONTRACTING OFFICER: Person designated as an off icial representative of the owner with specific authority to act in his behalf in connection with a project. (AGC) When a contract contains clauses re— lating to sums payable for delays amounting to a breach of contract, these sums can gen— era Ily only be recovered from the contrac— tor if it can be proved that they are related to the loss caused by the delay. (See "Ii— guidated damages") . (AGC) DEFECTIVE WORK: Work not complying with the contract requirements (AGC) DEDUCTION (FROM CONTRACT SUM): Amount deducted from the contract sum by change order. (AGC ) DELAY: Anything that delays the completion of the job. The delay may be the type which is not the fault of any party and hence result only in the extension of time to finish the job. If, however, the delay is the fault Of any party, damages may be assessed against him, e.g., a sub who fails to install his wrk on time may be liable to the general and the other trades for their added expenses caused by his holding up the job. He rnay be "backcharged " by the general and sued by the other subs. An owner who fails to de— liver the site to the general on time may be liable to the general for the added expenses caused the general by the late start. (FORUM) EXTRA: An item Of work involving additional (See "addition . (AGC) cost. FRONT-END LOADING: The practice of overpricing the items to be done at the beg inning of a job and underpr icing those at the end so that the con tractor or sub can be disproportionately large payments at the beginning of the con— In a fixed price contract there is no tract to the other if the contract is ul timately completed (other than the loss of interest on the money used to make the over— payment) . However, in a unit price contract this practice, if allowed, will distort the fi.nal price of the job and may also hinder redesign of the project dur ing the job's prog— ress since the items to be saved or added may be unrealistically pr iced. TO halt this prac— tice; on fixed price contracts, disapprove trade payrnent breakdowns that are so loaded. In unit pr ice contracts rej ect (under terms of bid documents) bids which are "unbalanced l' . (FORUM) GENERAL CONDITIONS (of the Contract for construc- tion) : That part of the Contract Documents which sets forth many Of the rights, respon— sibilities and relationships of the parties involved. tract 't See also "Condi tons of the Con— (AIA) GUARANTEED MAXIMUM COST: Arnount established in an Agreement between Owner and Contractor as the neximurn cost of perfowming specified Work 00700 1 ****** Result for Image/Page 12 ****** SECTION 00700 on the basis of cost of labor and naterials plus ov&head expense and profit. (AZ) IN)EMNIFICATION: A contractual obligation, by which one per son or organization agrees to se— cure another against loss or dartnge from speci— fled liabilities. Implied: An indemnification which is implied by law rather than ar out of a contract. (AGC) LIQUIDATED DNAGES: A sum established in a con- struction Contract, usually as a fixed sum per day, as the measure of damages suffered by the Owner due to fai lure to complete the Work with— in a stipulated time. (A1 h) MINOR CHANGE (in the Work) : A change of minor nature in the Work not involving an adjust— ment in the Contract Sum or Contract Time, which may be effected by Field Order or other wr itten order issued by the Architect. (XIÄ) MODIFICATION (to the contract Documents) : (1) A written amendraent to the Contract signed by (2) A crnnge Order. both parties. wr itten or graphic interpretation issued by the Architect. (4) A written order for a minor change in the Work issued by the Archi— tect. (ÄIA) NONCONFORMING WORK: Work that does not fulfill the requireraents of the Contract Documents. (AIA) PAY ITEM: Any item of wrk designated on the con tract; or an item of wrk Wth parties agree will be paid for, if and when it should ar ise during the wrk on the project. (AGC) PROGRESS PAYBENT: Partial payment made during progress of the Work on account of mrk com— pleted and/or mater i als suitably stored. CAIA) RETAINAGE: A sum withheld from progress payments to the Contractor in accordance with the terms of the Ovmer—contractor Agreement. (AIA) SAMPLES; Physical examples furnished by the Contractor for the Architect's review and appro— Val, Which illustrate materials, equipment or and which establish standards by which the Work will be judged. (QIÄ) SHOOTING THE or SECTIONING THE WORK: In a unit price contract, a surveyor's final REthe— 11EticaI determination as to much ltEteria1 was renoved or placed within the R pay lines" . SHOP DRAWINGS: Drawings, diagrams, Illustra tions, schedules, performance charts, brochures and other data prepared by the Contractor or any Subcontractor, manufacturer, supplier, or distr ibutor, which illustrate specific por— tions Of the Work shall be fabr icated and/or installed. (A1 A) 00700 GENERAL CONDITIONS OF THE CONTRACT SPECIAL CONDITIONS: A section of the cop- ditions of the Contract, other than Gen— era I Conditions and Supplementary condi— tions, which may be prepared for a parti— cular Project. See also "Conditions of the Contract" (AIA) STOP WORK ORDER: An order issued by the owner's representative to stop project wrk for a variety of reasons, e.g. , failure to perform according to contract specif ications, unsatisf led liens, labor disputes, inclement weather, etc. (AGC) TIME (as the essence of the Construction Contract) : Time limits or periods stated in the contract. A provision in a Con— struction Contract that "time is of the essence of the Contract" signif Ies that the parties consider that punctual per— formance within the time limits or periods in the Contract is a vital part of the per— formance and that failure to perfom on time is a breach for which the injured party is entitled to damages in the of loss sustained. (.NI*) TIME OF COMPLETION: Date established in the Contract, by name or by number of days, for Substantial Completi.on of the Work. (AIN ****** Result for Image/Page 13 ****** SECTION 00800 ADDENDUM: Written or graphic instruments issued prior to the execution of the Con— tract which modify or interpret the bid — ding docunents, including Drawings and Specifications, by addi tions, deletions , clarif ications or corrections Addenda will become part of the contract Documents when the Cons truction Contract is executed. CLARIFICATION DRAWmG: A graphic interpreta- tion of the Drawings or other Contract Docu— ments issued by the Architect as part of an Addendum, Modif ication, crenge Order or Field order. (AIA) DETAIL: A drawing, at a larger scale, of a part of another drawing, icating in de— tail the design, location, composition and correlation of the elements and materials shown. (AIA) MODIFICATION (to the Contract Documents) : '(I) written amendment to the Contract signed by both parties. (2) A CrEnge Or— der . (3) A written or graphic Interpre— tatåon issued by the Architect. written order for a minor change in the Work issued by the Architect. See also (1) CYange Order; (2) Field Order. (AIA) PIANS: The official approved plans, pro— files, typical cross sections, working draw— ings and supplemental drawings, or exact reproductions thereof , *lich show the 10— cation, character, dimensions and details of the work to be per formed. (AGC) PLOT PLAN: A scale drawing indicating the location of the construction in relation to the site. (AGC) PROFILE : (I) A charted line indicating grades and distances and usually depth of cut and height of fill for excavation and grading %ork; comrnonly taken along the centerline; a side view, as distinct from a plan or overhead view. (2) A British term for batterboard. (3) In plaster {ng, a template for shaping a mold. (AGC) RECORD DRAWINGS: Construction drawings re- vised to show significant changes Nde during the construction process, usually based on marked—up prints, drawings and other data furnished by the Contractor to the Architect. (ÄIA) SECTION (drawing) : A drawing of a surface revealed by an imaginary plane cut through the Proj ect, or portion thereof, in such a manner as to show the composition of the surface as it wuld appear if the part in— tervening between the cut plane and the eye of the observer were removed. (AIÄ) SCHEDULE OF VALUES: A statanent furnished by the Con tractor to the Archi tect reflecting the portions of the Contract Surn allotted for the various parts Of the Work and used 00800 SUPPLEMENTARY CONDITIONS as the basis for reviewing the Contractor s applications for progress payments. (A1 A) SPECIAL DETAIL DRAWINGS: Larger-scaled and sometimes full—size detailed drawings of specific areas Irede to insure the builder full information. (AGC) SUPPLE!.E.NTARY CONDITIONS; A part of the Con- tract Documents which supplements and may also modify provisions of the General Condi— tions. (AIA) - WORKING DRAWING: Any drawing showing suffi- cient detail so that whatever is shown can be built without other drawings or instruc— tions; a detail (See Drawings) . (AGC)