CSI Practice Guide Glossary of Terms #2

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Limited Warranty

A written warranty that fails to meet one or more of the minimum standards for a full warranty. An example is a warranty limited to labor or to materials for a specified time, commonly given by automobile dealers in connection with sale of used cars.

Facility Manager

According to the Facility Management Handbook, facility managers integrate the people of an organization with its purpose (work) and place (facilities). This staff position is frequently found in an owner's administration and finance department, and is included on the project team for new facilities and renovations because of their role in the ongoing operation. These professionals might have backgrounds in architecture, engineering, construction, real estate, or a related discipline and have experience and training in the development of facilities.

Owner's Protective Liability

Additional coverage, called owner's protective insurance, may be appropriate to cover the same hazards as those covered by the contractor's general liability insurance. This is not duplicate coverage, as a legal liability exists for the owner's role in the construction process.

Modifications

After execution of the agreement, contract documents can be modified by change orders, change directives or minor changes.

Indemnity Agreement

An agreement between the principal and the surety whereby the principal guarantees the surety that the surety will incur no loss by reason of its providing the bond.

Occurrence

An event which causes injury to people or damage to property.

Insurable Interest

An interest by the insured person in the value of the subject of insurance, including any legal or financial relationship. Insurable interest usually results from property rights, contract rights, and potential legal liability.

Existing Facility Evaluations

An investigation of an existing facility will help determine its suitability for adaptation to the owner's needs and goals, including: Functional evaluation, Facility systems evaluation, Structural evaluation, environmental evaluation, Accessibility evaluation.

Isometric

An isometric is a type of drawing that shows horizontal and vertical surfaces not in perspective, but equally foreshortened in all three dimensions.

Owner's Representative

An owner's representative may be used on projects in which the owner is a large organization typically not involved in project construction as a primary business, such as a school district or hospital. The owner's representative makes decisions on behalf of the owner during the design and construction document stages and makes final decisions during construction.

Named Insured

Any person, company, or corporation or any of its members specifically designated by name as insured(s) in the policy as distinguished from others who, although unnamed, are protected by the policy definition. A named insured under the policy has rights and responsibilities not attributed to additional insureds, such as premium payment, premium return, notice of cancellation, and dividend participation.

Nonbinding Arbitration

As the term implies, this is a form of arbitration that can be appealed in other venues.

Fabricator

Assemblies in a location other than the project site, of various materials, products, and equipment into a form that can be more efficiently installed or constructed on the project site using fewer installing personnel and taking less time than would be necessary if the original materials and products not fabricated

Oral Communications

Communications may be oral, such as telephone calls or field resolution of design or construction issues, but oral communications should be followed with written documentation confirming decisions or interpretations.

Modifications

Contract modifications include modifications after the construction agreement has been signed and additions to, deletions from, or modifications of the work to be done are accomplished by change orders, construction change directives, work change directives, field orders, architect's supplemental instructions, orders for minor changes, and written amendments. These can be issued at any time during the contract period.

Layout Technician

Contractor Team - Establishes, monitors, and maintains dimensional and benchmark control over the work

Guaranteed Maximum Price (GMP)

A GMP may be negotiated when the project design is in the early design phase such as design development and may be only sufficiently complete to allow adequate project definition. A contingency amount in the project budget should be included to allow for the inevitable changes and a resulting increase to the GMP.

Developer

A company that acquires a site for the purpose of creating a facility for an owner. The developer may act as a design-builder and provide a build-to-suit, turnkey, or a lease-back facility

Hold Harmless Agreements

A contract under which legal liability of one party for damages is assumed by the other party to the contract. The basic types of such agreements are as follows: 1) Limited Form, where party A reaffirms responsibility for his own negligent acts. Party B is, thus, protected when he is held vicariously responsible. 2) Intermediate Form, where party A reaffirms responsibility for his own acts and agrees to share responsibility for joint and concurrent negligence of both parties. 3) Broad Form, where party A reaffirms responsibility for all liability, including that arising out of the sole negligence of Party B.

Insurance

A contractual relationship that exists when one party (the insurer), for a consideration (the premium), agrees to reimburse another party (the insured) for loss to a specified subject (the risk) caused by designated contingencies (hazards or perils).

Longshoremen and Harbor Workers Act

A federal act requiring certain compensation levels for injured longshoremen and harbor workers. This exposure may be insured commercially or by using self-insurance. The classifications of persons falling under the provisions of this act are broadening widely.

Endorsement

A form bearing the language necessary to record a change in an insurance policy.

Daily Log (Journal)

A full-time project representative normally keeps a daily log (journal) in which important events that transpire on the project site are recorded. The log should contain only facts related to the project.

Lien

A lien is the legal right of a party or claimant, such as a subcontractor, to control the improved property of another or have it sold for payment of a claim.

Lump Sum

A lump sum price (sometimes called stipulated sum) is an agreed amount for a described extent ofwork, based upon complete or partially complete construction documents. This is the simplest method of stating the basis of payment wherein a single amount is agreed upon for completion of the entire contract.

Network Analysis Diagram (Schedule)

A network analysis diagram consists of a time analysis of a network of activities that outlines the steps needed to complete a project. The critical path is the path that establishes the optimum sequence and duration of operations between the first and last events.

Design-Negotiate-Build

A project delivery method - If only one contractor is involved in developing the costs and negotiating a contract to construct a project, the process is referred to as design-negotiate-build. Although the design-negotiate-build is similar to design-bid-build, it is a more informal process and may not include specific procurement requirements or specific rules of engagement.

Design-Build

A project delivery method - In the design-build delivery method, the owner contracts with a single entity for the complete design and construction of a project. The design-builder may consist of one or more firms associated in a variety of ways. Regardless of its composition, the design-builder provides complete design service and performs the construction under a single contract with the owner.

Design-Bid-Build

A project delivery method - The design-bid-build project delivery method is the traditional method of moving a project from conception to completion. It is a linear sequence of activities generally occurring in the following order: project conception, design (including schematic and design development) construction documents, competitive bidding, and then construction. The basis of this delivery method is that design is completed prior to bidding/pricing and construction.

Implied Warranty

A promise arising by operation of law that something that is sold shall be merchantable and fit for the purpose for which the seller has reason to know that it is required.

Exclusion

A provision of an insurance policy or bond referring to hazards, circumstances, or property not covered by the policy.

Programmer (Architect)

A special consultant who assists the owner in identifying and documenting the project requirements in a facility program

Division

A standard category of construction specifications; one of 50 Divisions defined by MasterFormat. Divisions form the framework for project specifications.

Estimator

Contractor Team - The estimator performs measurement of materials for purposes of furnishing a bid for a project and ordering materials. The estimator performs a quantity survey on selected portions of the project, such as concrete, earthwork, or site work, which subcontractor forces will complete. The estimator contacts subcontractors, performs prebid inquiries to generate interest in bidding on the project, and works with subcontractors and suppliers to help ensure the contractor becomes the low bidder. In public bid projects, the contractor is often required to meet minority employment goals for the project, which may be part of the estimator's responsibility. In some companies, the estimator may also serve as the project manager

Observe

to perceive, notice, see

Other States Coverage

Workers' compensation and employers' liability insurance afford coverage only for the states listed on the information page. For insureds that may have employees traveling through other states, the endorsement may be used. By adding this endorsement to the policy, coverage is extended to all state laws listed in the endorsement's schedule. However, coverage cannot be extended in this manner to monopolistic fund states.

Owners and Contractors Protective Liability (OCP)

Coverage for bodily injury or property damage liability caused by an occurrence and arising from the operations performed for the named insured by the contractor designated, or acts or omissions of the named insured in connection with the named insured's general supervision of such an operation. Coverage can be obtained by separate policy. The CGL policy provides the insured with automatic coverage for liability arising from independent contractors.

Loss of Use Insurance

Coverage to compensate the policyholder for loss suffered because the policyholder cannot use the property destroyed or damaged by an insured peril.

DOD

Department of Defense

DBIA

Design Build Institute of America

Exterior Enclsoure Consultant

Design Team - * Advises, assists, and makes recommendations for the aesthetic and technical design of the building envelope enclosure; may be responsible for, or influence, the selection of materials and products * May provide construction drawings and specifications * May participate in construction administration

Drafter (Architect)

Design Team - * Does not have client contact * Works for the job captain on the construction drawings, and has no management responsibilities * Has no decision -making power or influence over the aesthetic design, construction documents, or construction administration

Food Service Consultant

Design Team - * Is responsible for planning and the technical design of commercial kitchens and the necessary equipment * May prepare construction drawings and specifications * May participate in construction administration

Landscape Architect

Design Team - * Is responsible for the aesthetic and technical design of the trees, shrubs, lawns, plants, furnishings, plazas, courtyards, and visual improvements to exterior areas of the site * Provides construction drawings and specifications * Participates in construction administration

Mechanical Engineer

Design Team - * Is responsible for the technical and engineering design of the movement and distribution of heated and cooled air, ventilation, and removal of odors, including the necessary equipment * Provides construction drawings and specifications * Participates in construction administration

Fire Protection Engineer

Design Team - * Is responsible for the technical and engineering design of the supply and distribution of active fire suppression systems, including the necessary equipment * Advises, assists, and makes recommendations for the following: - Determining the need for passive fire protection materials and assemblies - Functional design to protect life and property * May provide construction drawings and specifications * May participate in construction administration

Electrical Engineer

Design Team - * Is responsible for the technical and engineering design of the supply and distribution of lighting, power, and communication systems, including the necessary equipment * Provides construction drawings and specifications * Participates in construction administratio

Estimator, Cost

Design Team - * Prepares detailed estimates of probable construction cost of a project *May be a professional in independent practice or on the staff of the contractor.

Job Captain (Architect)

Design Team - * Probably does not have client contact * Works primarily for the project architect to produce the construction drawings; may direct the work of the drafters, but has no other management responsibilities * Has no decision-making power or influence over the aesthetic design, construction documents, or construction administration

Lighting Consultant

Design Team - Advises, assists, and makes recommendations for lighting portions of the facilities, frequently to emphasize the facility design or to focus on an accent

Interior Designer (Architect)

Design Team - (Services may be provided by an interior design consultant outside the firm) * Creates the aesthetic design for the interiors of the project * Makes recommendations for interior finishes including color coordination * Designs interior spaces and furniture layouts * Meets with product representatives or suppliers * Selects materials and products and, subject to owner approval, has decision-making power for the interior design * May or may not be involved with the construction documents or construction administration

Design

Design is the arrangement of project elements and components, expressed in graphic and written documents, responding to: the owner's program and budget; requirements of authorities having jurisdiction (AHJ); conditions at the site; available products; and the owner's functional, aesthetic, and sustainability requirements.

Design Services

Design services may range from early studies or surveys, master planning, and programming to complete design services including preparation of contract documents for obtaining construction services. Design services may involve only one discipline or be very complex and require an A/E and numerous licensed consultants with specific expertise

Details

Details show more specific information about a portion of a project component or element than can be provided by smaller scale drawings. Examples of detail drawings include joints and connections between materials and products.

Disputes

Disputes are claims that cannot be resolved by the parties to the construction contract without the intervention of an independent third party.

Disputes

Disputes often occur when the A/E's or initial decision maker's decision on a claim is not accepted by one or both parties and the claim cannot be resolved through negotiation.

Drawings

Drawings are graphic and textual information organized on a two-dimensional surface for the purpose of conveying data about a specific portion of a project. Drawings convey design intent and may show multiple views, either of the whole project or of its parts. Drawings indicate relationships between elements and may show the following for each material, assembly, component, and accessory: Location, identification, dimension and size, details and diagrams of connections, shape and form.

Design Stage

During the design stage of the project life cycle, the A/E transforms the owner's program into graphic and written documents that can be used to produce bidding and pricing documents in a subsequent stage. The architect/engineer (A/E) must account for many requirements and work with other participants to produce an affordable, practical, and attractive design ready for documentation. The two commonly recognized phases of design are schematic design and design development.

Field Order

EJCDC C-700 allows the engineer to authorize or order minor variations in the work when such changes do not involve a change in contract price or contract time. These orders must be in writing, but do not require an executed change order or the owner's signature.

EJCDC

Engineers Joint Contract Documents Committee

Ensure

Ensure is to make certain in a way that eliminates the possibility of error.

Entitlement

Entitlement is defined as the right to benefits specified by law or contract.

EPA

Environmental Protection Agency

Estimating Techniques

Estimating methods used by the A/E during design include: order of magnitude, square foot or volume, assemblies/systems, and unit price.

Express Warranty

Express warranties are created as follows: Any affirmation of fact or promise made by the seller to the buyer that relates to the goods or installation and becomes a part of the basis of the bargain creates an express warranty that the goods shall conform to the affirmation or promise; Any description of the goods or installation that is made a part of the basis of the bargain creates an express warranty that the goods shall conform to the description; Any sample or model that is made a part of the basis of the bargain creates an express warranty that the whole of the goods or installation shall conform to the sample or model; It is not necessary to the creation of an express warranty that the seller use formal words such as warrant or guarantee or that the seller have a specific intention to make a warranty. An affirmation of the value of the goods or a statement purporting to be merely the seller's opinion or commendation of the goods does not create a warranty.

Extra Stock Materials

Extra stock materials are often required for exposed finish materials incorporated in the project, such as floor coverings, wall coverings, ceiling materials, and coatings. Extra stock is typically required for materials where finish color, texture, or pattern is critical and can vary by dye lot, where a custom mix has been provided, and where material color lines are subject to frequent changes. Extra stock materials are used by the owner to repair damaged or worn finish materials and finishes.

Facility Evaluation

Facility evaluations address facility use, effectiveness, efficiency, operational cost, maintenance, and environment.

Facility Management

Facility management is the process of allocating resources for the operation and maintenance of a facility to allow continued performance of the facility's intended function.

Fast Track

Fast track is the process of overlapping activities to permit portions of construction to start prior to completion of the overall design.

Feasibility Studies

Feasibility studies test the various aspects of an owner's vision. If the vision is not financially viable, it must be substantially modified or abandoned. Feasibility studies address: The owner's financial conditions, Life cycle cost, Value of existing facilities, available studies, Timing.

FAR

Federal Acquisition Regulations

FFA

Federal Aviation Administration

FHWA

Federal Highway Administration

Field Engineering

Field engineering consists of taking the measurements, facility placement, and layout from the contract drawings and laying them out on the project site. Field engineering includes site surveying and layout.

Final Acceptance

Final acceptance of the work is indicated by issuance of final payment. Final payment is recommended by the A/E only after all project closeout procedures have been completed. Upon acceptance of final payment, the contractor waives all claims except those previously made in writing and according to the contract conditions against either the owner or the A/E. The owner, in making final payment, also waives all claims except claims arising from unsettled liens and defective work appearing after final inspection.

Final Completion (Final Acceptance)

Final acceptance of the work is indicated by issuance of final payment. Final payment is recommended by the A/E only after all project closeout procedures have been completed. Upon acceptance of final payment, the contractor waives all claims except those previously made in writing and according to the contract conditions against either the owner or the A/E. The owner, in making final payment, also waives all claims except claims arising from unsettled liens and defective work appearing after final inspection.

Final Completion

Final completion is when the project is complete according to the contract documents and the contractor is no longer involved on the project.

Final Completion

Final completion occurs when the contractor has completed the contract requirements, the A/E has inspected to determine completion, the owner has made final payment to the contractor, and the contractor has accepted final payment.

Final Inspection

Final inspection provides verification by the A/E that the contractor has satisfactorily performed all the identified tasks and corrected any deficiencies on the final punch list.

Float (Schedule)

Float is the amount of extra time available to an activity when all activities begin as early as possible. Free float is uniquely available to an activity, while total float is the accumulation of the entire free float in a project.

Furnish

Furnish means to supply and deliver to project site, ready for installation.

FF&E

Furniture, Furnishings and Equipment

GSA

General Services Administration

General Conditions

General conditions for a project can be any of a number of standard documents published that are applicable to the project delivery method. Provisions of general conditions have broad application and include practices common in the United States. Standard general conditions for construction are prepared and published by professional societies such as the AIA, EJCDC, and DBIA.

HVAC

Heating, Ventilating and Air Conditioning

Fitness for a particular purpose

If the seller has reason to know of any particular purpose for which the goods are required and that the buyer is relying on the seller's skill or judgment to furnish suitable goods for that purpose, an implied warranty of fitness for that particular purpose arises

Merchantability

If the seller is a merchant who deals with goods of the kind being conveyed, a warranty is implied that the goods are fit for the ordinary purposes for which such goods are used.

Facility Manager

Implements maintenance and operations programs to ensure continuing facility function during occupancy and use, and participates in planning subsequent projects

Multiple-Prime Contracts

In a multiple-prime construction project, the work is divided among several contractors and each enters into a separate contract with the owner.

Insurers

Indemnify participants against financial losses resulting from construction-related risks

Independent Sales Representatives

Independent sales representatives do not actually handle the products they sell, but rather facilitate the process by conveying purchase orders to the manufacturer or arranging for the buyer to purchase directly from the manufacturer. The buyer may ask the independent sales representative for assistance in writing the purchase order or the independent sales representative may speak with the manufacturer regarding the purchase order specifically in question, but legally, the purchase order is between the buyer and the manufacturer. The independent sales representative works with the A/E to get the product specified and alerts the bidders to the project.

Informational Submittals

Informational submittals document information the A/E requires to verify performance and quality of project components, but do not require approval. They are also used as verification and certification that the installed work or portion of the work meets the specified requirements.

Inspect

Inspect means to examine carefully and critically, especially for defects

Install

Install means to place in position for service or use.

Liability Insurance

Insurance paying or rendering service on behalf of an insured for loss arising out of legal liability to others.

Insure

Insure is to issue or procure an insurance policy.

IEC

International Electromechanical Commission

Lead Time

Lead time is the amount of time required from receipt of a purchase order by a vendor manufacturer to the time the product is delivered to the site for installation.

LEED

Leadership in Energy and Environmental Design

Liability Insurance

Liability policies protect the named insured from losses arising out of legal liability to others caused by the insured's activities.

Lien Bond

Lien bonds indemnify the owner against the cost to remove liens filed against the facility by the contractor, subcontractors, suppliers, and their employees.

Life Cycle Costing

Life cycle costing analysis examines the relationship between present and future value of facilities and the equipment. This process is frequently used as the basis for making capital investments. The total sum of the initial investment, the cost of maintaining that asset over the expected life of the investment, operating costs, and costs of repair and replacement are added to the total cost of the equipment or the facility under consideration.

Life Cycle Costs

Life cycle costs are the estimated expenses for a project, or a specific material, equipment, or system, including: Design, construction, operation, maintenance and resale, demolition, or salvage. Life cycle costs are based on the total cost of ownership rather than just the initial cost.

Liquidated Damages

Liquidated damages are usually a fixed monetary amount per day, deducted from monies due the contractor for failure to substantially complete the work within a stipulated time or by a stated calendar date. Some form of documentation is desirable to substantiate the potential loss from delay of completion. If the amount for liquidated damages is not based upon financial loss and is an excessive arbitrary amount, disproportionate to the value of the performance, it might be considered a penalty and become unenforceable.

Liquidated Damages

Liquidated damages stated in the agreement are usually invoked when substantial completion is not achieved by the indicated date or within the indicated time.

Maintenance and Operating Tools

Maintenance and operating tools are typically unusual, nonstandard, or proprietary tools required for equipment and systems maintenance or for operating access doors, valves, and security panels.

Management Services (Construction)

Management services may be utilized early in the project development to complement design services. These management services may simply involve establishing construction costs of the design or may be more formally established as project management or construction management. Construction expertise is extensive and diverse and this expertise is offered similar to other professional services.

Independent Sales Representatives

Manufacturers may promote their products with internal sales employees or contract with independent sales representatives to provide this service. Independent sales representatives typically have established contacts with A/Es, contractors, subcontractors, and perhaps owners within a defined geographic area. The agreements between manufacturers and independent sales representatives usually stipulate a specific geographic area of activity.

License and Permit Bond

Many AHJs require contractors to post bonds before they are allowed to operate as contractors. Certain contractors, such as heavy construction, excavation, and underground utility contractors, are often required to post bonds to ensure that the disturbance to an existing public roadway will be replaced or repaired in the exact manner prescribed by the AHJ.

Guide Specification

Many manufacturers offer suggested proprietary or guide specifications to relieve the A/E from some of the tasks of researching and writing a particular specification section.

Division

MasterFormat arranges related construction practices, or work results, into a series of Level 1 titles called Divisions

MasterFormat

MasterFormat establishes the organizational structure for the documents and sections within a project manual, each with its unique number and title.

MasterFormat

MasterFormat, jointly developed by CSI and Construction Specifications Canada, is an organizational structure providing numbers and titles for the variety of subject matter necessary for the construction, operation, and maintenance of a facility. MasterFormat provides a system of six digit and eight-digit numbers and titles for organizing construction information into a standard order or sequence. By establishing a master list of numbers and titles, MasterFormat promotes standardization, facilitates the placement and retrieval of information, and improves construction communication.

MSDS

Material Safety Data Sheet

Measurement

Measurement means quantifying the amount of work eligible for payment and payment is the disbursement of money proportionate to that quantity of work. Under some contracts, measurement may involve only identifying the attainment of specified milestones for which predetermined amounts of payment are to be paid. Under other contracts, particularly unit-price contracts, measurement means verifying the quantities of work submitted for payment based on unit prices.

Mediation

Mediation is an extension of negotiation whereby a neutral party acts as a facilitator to aid the parties in finding a mutually acceptable settlement of the claim.

Minor Changes in the Work

Minor changes in the work are defined as instructions or interpretations not involving adjustment to the contract sum or time. Such changes are made by the architect's supplemental instructions directing the contractor to make stated modifications. The architect's supplemental instruction does not require the owner's signature

Minor Changes

Minor changes to the project or clarifications of the contract documents are defined as instructions or clarifications not involving adjustment of the contract sum or time.

MBE/DBE

Minority Business Enterprise/Disadvantaged Business Enterprise

Minutes

Minutes record the date, time, location, and weather conditions at the time of the meeting. Meeting minutes include a list of attendees with their respective company names and phone numbers. Fax numbers and e-mail addresses may also be included. This is easily accomplished by passing around a sign-in sheet. An indication of late arrivals and early departures should be noted. Minutes should follow the agenda and be in a format that allows easy identification of the actions required of each participant. Verbatim transcriptions are not necessary, but the essence of the subjects discussed, as well as decisions reached, should be documented.

Mock-ups

Mock-ups state the requirements for full-size erected assemblies to ensure understanding and coordination of required construction. Mock-ups may also be used for testing and observation and for establishing standards by which workmanship will be judged.

Named Perils

Named peril policies specify the perils that are insured against, as distinguished from the all-risk and broad-form policies.

NASA

National Aeronautics and Space Administration

NCS

National CAD Standard

NEMA

National Electrical Manufacturers Association

NIBS

National Institute of Building Sciences

NIST

National Institute of Standards and Technology

NAVFAC

Naval Facilities Engineering Command

Negotiating

Negotiating is a process of dialogue, offer, compromise, and resolution between two parties'precedent to an agreement or contract modification.

Negotiation Procedures

Negotiation procedures include the following steps: An RFP by One Participant to Another to Engage in a Negotiation Process; Discovery; Pricing Procedures; Offer; Counteroffer; Resolution; Award of Contract; Execution.

Nonbinding Dispute Resolution

Nonbinding dispute resolution may use methods similar to binding dispute resolution or other less formal methods. Several forms of nonbinding dispute resolution have emerged in response to the high cost of legal fees and lengthy periods of resolution associated with litigation. Methods include: Mediation, Nonbinding arbitration, mini-trial, disputes review board.

NAFTA

North American Free Trade Agreement

NIC

Not In Contract

OSHA

Occupational Safety and Health Administration

OmniClass

OmniClass Construction Classification System (OCCS) is a multi-table system for organizing information used by the architectural engineering and construction industry. The OCCS is the basis for deriving relational applications and will support and empower the transfer and use of information in the construction marketplace, ultimately serving all participants who work to sustain the built environment throughout the entire life cycle of a facility.

Guide Specifications

Once a product has been selected, many electronic programs can be used to prepare a specification. In the simplest form, a product guide specification is edited by deleting irrelevant data from existing master text. Additional information and requirements can also be added to the electronic specification.

Open Proprietary Specifications

Open proprietary specifications allow for alternative products

Operation Activities

Operation activities include the management of the day-to-day functions of a facility and its systems such as utilities, production equipment, building and property infrastructure, mechanical and electrical, custodial and cleaning, and vertical and horizontal transportation.

Outline Specifications

Outline specifications aid in the design process and are the basis for revising cost estimates, schedules, and value analysis studies. They also serve as a checklist for the project team when selecting products and methods during development of the project manual. They are a means of communication among members of the project team and between the team and the owner. Outline specifications help control the decision-making process and encourage clarity in the construction documents. The use of well-prepared outline specifications reduces the potential for design changes at later stages and the consequent inefficient use of design team time. Outline specifications can also be useful for the coordination of terminology between drawings and specifications.

Overhead (Contractor's)

Overhead is the cost incurred by the contractor for maintaining a viable business but not directly attributable to an individual project, including: Licensing required for conducting business in a jurisdiction; salaries, wages, and benefits for office personnel, general management, warehouse personnel, maintenance workers, and other employees engaged in daily operations at the contractor's place of business; General office expenses not related to an individual project, including rent, leases, mortgages, utilities, and related services; Leased or rented office equipment and furniture; Office supplies. Overhead is calculated as a percentage against the cost of a project.

OFCI

Owner-Furnished, Contractor-Installed

Full Warranty

Present information accurately and precisely. Carefully select words that convey exact meanings; COMPLETE, Do not leave out important information.

Manufacturer

Produces or fabricates products to be incorporated in the project

Facility Programming

Programming is a two phase process similar to and related to the two phases of design: schematic design and design development. The phases are as follows: Schematic programming, which involves identifying the broad visionary owner goals, user preferences, image, functional requirements, movement, activity adjacencies, and facility demographics. Program development, which includes the organization of the vast amount of detailed information collected in impact studies and site analysis during the initial stages of information collection. This is the detailed information the A/E requires to complete the second design phase, design development. The critical activity is transforming the owner's broad visionary goals into a physical form.

Facility Program

Project conception is often a creative stage for the owner; it requires a clear understanding of project values and goals which become the basis of many decisions. A facility program documents these decisions, resulting in a framework for future design decisions, operational procedures, and determining project feasibility.

Integrated Project Delivery

Project delivery method - A project delivery approach that integrates people, systems, business structures and practices into a process that collaboratively harnesses the talents and insights of all participants to optimize project results, increase value to the owner, reduce waste, and maximize efficiency through all phases of design, fabrication, and construction

Owner-Build

Project delivery method - Owners involved in aspects of contracting for every portion of a construction project. Because the owner can act similar to a contractor, the construction contracts are between the owner and the specialty contractors (subcontractors).

Indemnity

Restoration to the victim of a loss up to the amount of the loss

Field Observation Reports

Site visits are documented in the form of a field observation report, with any observed deficiencies clearly noted. Keeping the owner informed of construction progress and events taking place on the construction site can be accomplished by sending copies of field observation reports to the owner.

Employer's Liability Insurance

Some states have enacted compensation laws that are not comprehensive for every injury or every category of recoverable damages. The resulting immunity gap is covered by a policy called employer's liability insurance.

Design Data

Specifications often require submittal of design data from manufacturers and fabricators documenting and affirming the design of products and systems. For example, the specifications might require the fabricator of a steel or wood truss member to submit engineering data stating loads transferred to other elements or a connection to a column or the capacity of the system to resist the design loads

Descriptive Specifying

Specifies properties of materials and methods of installation without using proprietary names. A descriptive specification is a detailed description of the characteristics, physical properties, and workmanship required for the proper installation of a product or material.

Monopolistic Fund State

State organizations that have the exclusive right to insure within the respective states the employer's workers' compensation liability. The monopolistic fund states are Nevada, North Dakota, Ohio, Oregon, Washington, West Virginia, and Wyoming.

Design Stage (Life Cycle)

The AIA defines design as occurring in three distinct phases: schematic design, design development, and construction documents. The EJCDC defines design in two phases: preliminary design and final design phase, which includes construction documents. The DBIA defines design in two phases: schematic design and design development, which includes construction documents. For the purposes of this manual, design is defined as having two phases: schematic and design development.

Design Phases

The American Institute of Architects (AIA) defines design as occurring in three distinct phases: schematic design, design development, and construction documents. The Engineers Joint Contract Documents Committee (EJCDC) defines design in two phases: preliminary design and final design phase, which includes construction documents. The Design-Build Institute of America (DBIA) defines design in two phases: schematic design and design development, which includes construction documents. For the purposes of this manual, design is defined as having two phases: schematic and design development.

Daily Report (Contractor)

The contractor's project manager or superintendent prepares a daily report in which important events that transpire on the project site are recorded.

Design Development

The design development phase follows the owner's approval of the schematic design and any necessary program or budget adjustments. The emphasis shifts from overall relationships and functions to more technical issues of constructability and integration of systems and components. Aesthetic concerns move from massing and arrangement to materials, surfaces, and details. Design development phase documents fix and describe the size and character of the entire project, including architectural, structural, mechanical, and electrical systems.

Design Team

The design team works with the owner to determine the project requirements, design the project, produce the construction documents, and administer the construction contract. The design team participants also review submittals and substitution requests before and after award of the construction contract. The design team is responsible for addressing planning issues, product research and selection, code research and compliance, quality control and assurance reviews, and construction contract administration.

Design-Builder

The design-builder provides both the design and construction of a project. The design-builder's obligation is to provide a completed project that meets the owner's project description. Often a contractor takes the lead and either has an in-house architectural staff or hires an outside A/E to design a project conforming to the project description. Services provided to the owner are similar to those in a conventional design-bid-build project; however, the contractual relationships and responsibilities differ.

Design-Builder

The entity contractually responsible (to the owner) for delivering the project design and construction. The design-builder can assume several organizational structures: an entity possessing design and construction resources in-house, a joint venture between A/E and contractor, a contractor-led team with the A/E in a subcontract role, or an A/E-led team with the contractor in a subcontractor role.

Impact Studies

The feasibility of a project is also directly related to the impact it will have on the project site and surrounding community. Impact studies address: Operations, Relocation, Environmental Impact, Community and Public Facilities Impact, and Economic Impact

Four Cs

The four Cs for effective communication are: CLEAR, Use proper grammar and simple sentence; construction to avoid ambiguity. CONCISE, Eliminate unnecessary words, but not at the expense of clarity, correctness, or completeness; CORRECT, Present information accurately and precisely. Carefully select words that convey exact meanings; COMPLETE, Do not leave out important information.

Four Principles

The four principles of effective communication: clear, concise, correct, complete. (See Four C's)

Division 01 - General Requirements

The general requirements in Division 01 of the specifications specify administrative requirements, procedural requirements, and temporary facilities and controls. Division 01 sections govern the execution of the work specified in Divisions 02-49.

General Requirements

The general requirements in Division 01 of the specifications specify administrative requirements, procedural requirements, and temporary facilities and controls. Division 01 sections govern the execution of the work specified in Divisions 02-49.

Imperative Mood

The imperative mood is the recommended method for instructions covering the installation of products and equipment. The verb that clearly defines the action becomes the first word in the sentence.

Indicative Mood

The indicative mood, passive voice requires the use of shall in nearly every statement. This sentence structure can cause unnecessary wordiness and monotony.

Instructions for Procurement

The instructions to bidders are the requirements with which bidders must comply before and during submission of bids.

Interior Designer (Architect)

The interior designer may become a member of the project design team in many ways. This person may be as an employee of the A/E, or hired by the A/E, or owner as a consultant. The interior designer provides recommendations on interior finishes, designs interior spaces and furniture layouts, prepares or reviews interior-related specifications for conformance with the design intention, and assists the A/E or owner with color selections.

Invitation to Bid

The invitation to bid is intended to attract qualified bidders and to help prospective bidders decide whether to obtain the procurement documents.

Lien

The legal right of a party, such as a subcontractor, to claim a security interest in the project or have it sold for payment of a claim.

Facility Life Cycle

The life cycle of a facility, from concept through construction to use and eventual deconstruction (demolition), follows a number of stages: Project conception, project delivery methods, design, construction documents, bidding/negotiating/purchasing, construction, and facility management.

Facility Management Stage (Life Cycle)

The longest stage in the life cycle commences when the facility is put into use and maintained by the facility manager. Participants are generally limited to the owner, facility users, and facility manager; however, members of the original project team may be called upon by the owner for periodic evaluation of how components, systems, and subsystems are performing.

Extent (Project)

The magnitude, form, function, and complexity of a project will have a direct bearing on the project delivery method and the number and role of the participants. Generally, the greater the magnitude of the project, the greater the number of participants, the more the construction process is compounded.

Manufacturer's Employees

The manufacturer's employee is responsible for making sales and possibly placing orders and arranging for shipment of products if the manufacturer does not have a separate order-processing department. The manufacturer's employee assists in communication between the distributors and suppliers, works with bidders to see that they have the appropriate pricing information for bidding, and may help put bid packages together. A bidder may call the manufacturer's employee to ask if any special pricing is available for the buyer. The manufacturer's employee may also work with the distributors to determine what type of products to stock based on the economic forecast, seasonal conditions affecting product demand, and environmental conditions and regulations. Manufacturer's employees typcially consist of sales employees, marketing employees, and technical employees.

Limit of Liability

The maximum amount that an insurance company agrees to pay in the case of loss.

General Aggregate Limit

The maximum limit of liability payable during any given annual policy period by an insurer under the 1986 CGL policy on behalf of an insured for all losses other than those arising from the products and completed operations hazards.

Mini-Trial

The mini-trial method is not an actual trial. It is a structured process that allows the parties to present the necessary facts and elements of the claim and the concepts of law applicable to the claim in a compressed period of time. A neutral party hearing the case is normally a skilled legal practitioner who can render an opinion based on established case law and the limits of the contract documents

Operations & Maintenance Manuals (O&M)

The most common and perhaps the most useful method of collecting O&M data is by assembling the information into a manual for delivery to the owner and facility manager. These manuals contain valuable information about the O&M of systems and equipment. Requirements for the content of these manuals are specified in Division 01. Specific requirements for O&M data for products, systems, and equipment are specified in PART 1 GENERAL of individual specification sections in Divisions 02-49. The information required is ideally tailored to the needs of the owner, the facility manager, and their operating staffs.

Notice to Proceed

The notice to proceed establishes the beginning date of construction and directs the contractor to begin the project.

Obligee

The obligee is the person for whose benefit the bond is written. With respect to a performance bond, the obligee is usually the owner. Some performance bonds are written in favor of more than one obligee (e.g., a subcontractor's bond may be written for the benefit of both owner and contractor, or a contractor's bond for the benefit of the owner and the project lender). Such bonds are called dual obligee bonds.

Owner

The owner may be a private company or a public agency.

Notice of Award

The owner may issue a Notice of Award if preparation of the actual contract might be delayed. This procedure is required when a challenge period is required by statute. A notice of award establishes the beginning of any challenge period.

Owner Team

The owner team establishes the design requirements, budget, and time constraints for the project. As the ultimate purchaser of installed products, the owner may have significant input on equipment and finish selections and may require information on product operation, maintenance, and warranties. Some owners establish material and product standards for their projects. Standardizing products helps limit the replacement materials needed for ongoing maintenance and provides consistency in performance by minimizing the types of maintenance training necessary. Some owners perform their own maintenance or hire specialty contractors

Guarantor

The person who makes a guaranty; one who becomes secondarily liable for another's debt or performance in contrast with a strict surety who is primarily liable with the principal debtor.

Insured

The person(s) protected under an insurance contract.

General Requirements

The sections in Division 01, which are collectively referred to as the General Requirements, specify administrative requirements, procedural requirements, temporary facilities and controls, performance requirements, and life cycle activities. Administrative and procedural requirements are those relating to the process of contract administration, the assignment of contractual responsibilities, and the methods of communicating, verifying, and coordinating requirements for quality assurance. Temporary facilities and controls are those put into place for use only during the period of construction and that will be removed when no longer required for construction operations. Performance requirements are related to facility and system performance. Life cycle activities are related to commissioning, facility operation, facility maintenance, and facility decommissioning.

Division 01 - General Requirements

The sections in Division 01, which are collectively referred to as the General Requirements, specify administrative requirements, procedural requirements, temporary facilities and controls, performance requirements, and life cycle activities.

Inspections (A/E)

The standard AIA and EJCDC documents limit the number of inspections required of the A/E to two. These inspections are to determine the dates of substantial and final completion, which are part of project closeout.

Inspections (Contractor)

The standard owner-contractor agreements require the contractor to make inspections and to arrange for certain other inspections. The contractor: Inspects portions of work already completed to ensure they are ready for subsequent work; Obtains necessary inspections; required by the AHJ's and prepares the initial punch list for substantial completion.

Designed Element (UniFormat)

The term designed elements refers to physical parts of buildings with a particular design, construction, or technical solution.

Goods

The term goods is used in purchasing specifications to designate the materials or equipment to be purchased. This term is also used in the Uniform Commercial Code (UCC), which governs most purchasing contracts, so terminology is consistent between the specifications and applicable law.

Master Guide Specification

The term master guide specification used for prepared specification sections intended to be edited and used as project specifications.

Master Specifications

The term master specifications refer to the documents used as guides for preparing project specifications.

Office Master Specification

The term office master specification is also used, principally to distinguish an A/E's master specification from commercial master guide specifications. The office master specification may be derivative of commercial master guide specifications that were used as its basis.

Owner

The term owner can refer to an individual or an entity. The owner may be from the private sector or may be a government agency in the public sector. The owner initiates the project and secures funding for the design, construction, and subsequent operation of the completed facility.

Modifications

There are two types of modifications: those that require a change to the contract sum or time, and those that do not. Changes to the contract sum or time require a change order. Changes that do not affect cost or time are minor changes in the work and may take the form of substitutions, supplemental instructions, or field orders.

Maintenance Bond

These bonds provide the owner with assurance that, when required by the contract, the contractor will provide ongoing maintenance services for the required period of time.

Manufacturer's Instructions

These include manufacturer-prepared instructions concerning the proper application or installation of a product or system. The contractor and A/E use this information to verify that the project is ready for installation and that the installation follows the recommendations of the manufacturer.

Manufacturer's Field Report

These reports document the testing and verification actions taken by manufacturer's representatives to verify compliance with manufacturer's standards or instructions. Field reports provide assurance that the entity in the best position to judge the integrity of the installation has made that determination. Field verification by a representative of the manufacturer is often required as a prerequisite for issuance of a manufacturer's warranty or guaranty.

Hazardous Material Surveys

These surveys are conducted by experts to determine the extent of hazardous conditions on the site.

Employer's Liability Insurance

This coverage is provided by Part 2 of the basic workers' compensation policy and pays on behalf of the insured (employer) all sums that the insured shall become legally obligated to pay as damages because of bodily injury by accident or disease sustained by any employee of the insured arising out of and in the course of his employment by the insure.

Dispute Review Board

This process involves establishment of a three-member board of construction experts who periodically convene to review the status of the project in order to detect areas of potential conflict and make recommendations for resolution of issues before they become conflicts.

Judicial Reference

This process is provided for by statute in a number of states. The statutes establish the authority for an independent private party, usually a lawyer or retired judge, to be retained to decide the matter. Avenues of appeal are the same as if the case was heard and decided in the judicial system.

Decommissioning / Deconstruction / Demolition Stage (Life Cycle)

This stage marks the end of the facility's useful life and gives way to the beginning of an entire new project and facility life cycle.

Occurrence (CGL)

This term means an accident, including continuous or repeated exposure to conditions, that results in bodily injury or property damage neither expected nor intended from the standpoint of the insured. Occurrence policies cover claims made that arise from injury or damage that occurs during the policy period irrespective of when the claim is made against the insured. See claims-made policy.

General Liability Policy

Under a general liability policy, often called public liability insurance or commercial general liability insurance, the insurance company agrees to pay all sums for which the insured becomes legally obligated to pay as damages. The insurance company also agrees to provide legal defense in any related suits brought against the contractor.

Element

UniFormat is an arrangement of construction information based on physical parts of a facility called functional elements, otherwise known as systems and assemblies. These elements are characterized by their function without identifying the work results that compose them.

General Maintenance

Unplanned maintenance of a "nuisance nature" requiring low skill levels for correction.

Emergency Maintenance

Unscheduled work demanding immediate action to restore services or remove problems that could interrupt activities.

Facility User

Uses the facility for its designed purpose and may provide input to the design process

Installation Floater

Usually written to cover machinery and equipment of all kinds during transit, installation, and testing at the purchaser's premises.

Negotiated Contract

When the owner and the contractor negotiate a construction contract, the goal is to achieve mutual benefits to each and to avoid the inherent risks of a competitive environment among contractors (however, competition still occurs between specialty subcontractors and material suppliers). The negotiated contract is based on a combination of factors, such as the following: • Specific contractor expertise • Project completion can be expedited • How effectively construction costs can be controlled • Project type • Owner's capability or priorities • Issues related to the construction pro

Deferred Maintenance

Work delayed on a planned or unplanned basis, often due to a lack of funds.

Maintenance

Work needed to preserve or restore roads, buildings, landscaping, site improvements, utilities, equipment, and other facilities to original condition or such condition that they can be used for their intended purpose.

Loss

(1) The basis of a claim for damages under the terms of a policy. (2) Loss of assets resulting from a pure risk. Broadly categorized, the types of losses of concern to risk managers include: personnel loss, property loss, time element, and legal liability.

Guaranteed Maximum Price (GMP)

(Pricing Method) The prospective contractor's price includes the cost of the work as defined in the procurement documents and the prospective contractor's fee for administering construction, plus overhead and profit. The contractor's fee can be stated as a stipulated sum (fixed fee) or as a percentage of the cost of the work. The cost of the work combined with the contractor's fee is the GMP.

Distributor

Buys, inventories, and resells products to be incorporated in the project

Fabrication Tolerances

"Fabrication Tolerances" establish a statistical range of acceptability for properties of products before they are incorporated into the project.

Inspection (Quality Control)

"Inspection" may include a checklist of items to be verified by inspection of products at their source. The qualifications of the inspector are significant when inspections require judgments based upon experience and knowledge of a particular field.

GANTT

Bar chart type schedule

Goods

Goods are products and equipment.

Form of Agreement

See Agreement Form

Engineer

See Architect/Engineer (A/E)

Machinery Insurance

See Boiler and Machinery Insurance

Days

See Contract Time

Estimated Costs

See Cost Estimate

Indemnity Clause

See Hold Harmless Agreement.

Entity

See Party

GATT

The General Agreement on Tariffs and Trade

ISO 9000

The International Organization of Standardization (ISO) developed ISO 9000. It is a series of related standards, which has become an internationally accepted framework for developing internal improvement procedures based on quality management and quality assurance. The standard is written in broad terms to cover various aspects of manufacturing and service industries. Compliance is established by third party independent certification such as Underwriters Laboratories, Inc.

Facility

The completed project is a facility, which is a constructed entity or space designed to perform a certain function.

General Conditions

The conditions of the contract are broad clauses that define the basic rights, responsibilities, and relationships of the entities associated in the construction of a project. General conditions have wide applicability to almost all projects and are available as standardized documents that are prepared by various professional societies.

Operating Software

The contract documents may require the contractor to furnish backup copies of operating software loaded into systems and equipment. This information is typically submitted on CDs and includes a backup copy of installed software, uninstall programs, and reinstall programs

Demonstrations

The contractor is responsible for coordinating the activities involved in training the owner's and facility manager's personnel in the proper operation of the systems and equipment. This is accomplished through a series of demonstrations. The demonstrations are usually attended by the owner's representative, facility manager, commissioning authority, maintenance personnel, the A/E, and appropriate consultants. The demonstration and training should be performed by qualified instructors who are knowledgeable about the design, operation, and maintenance of the system or equipment.

Direct Selection (A/E)

Those with previous experience in design and construction may use direct selection as their primary means of obtaining design services. To the A/E this is known as a returning client. The direct selection process saves time and money for the participants involved. The client saves the efforts of research, interviews, and specific documentation of requirements. For the A/E, the process saves expenses of identifying markets, making presentations, and assessing capabilities and consultants required for the project. Direct selection may be the result of the A/E's reputation in certain design types. Some A/Es have demonstrated creative solutions and unique use of materials in their designs. These solutions to problems have received recognition through awards and publication. Most A/E firms specialize in certain project types and have developed significant expertise in those markets.

Indemnify

To restore in whole or in part the victim of a loss by payment, repair, or replacement.

Guaranty

To undertake collaterally to answer for the payment of another's debt or the performance of another's duty, liability, or obligation; to assume the responsibility of a guarantor; to warran


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