ARE 5.0 - Practice Management Latest 2023 with Complete Solutions

ARE 5.0 - Practice Management Latest 2023 with Complete Solutions administrative law laws developed to implement civil statutes (private rights, duties, and obligations) standard of care freedom of an architect to exercise their judgement and skill reasonably and prudently what any architect would do in the same context, time period, and with similar facts and circumstances negligence legal issue where 4 elements need to be proven to be successful 1. duty 2. breach 3. cause 4. damage Duty in a case of negligence, architect must owe a legal duty. aka, an outstanding legal obligation Breach of Duty in a case of negligence, the architect fails to perform the duty or does something they should not have done cause in a case of negligence, the architect's breach is the cause of harm to the claim maker damage in a case of negligence, actual harm or damage must have resulted from the breach acts of commission something that one did, but should not have done The architect's errors acts of omission acts that should have been done but were not third party actions architect can be held liable for negligent acts, errors, or omissions to third parties with whom the architect has no contractual relationship statute of repose a statute of limitations with an absolute time frame in which legal action can be brought against the architect statute of limitations allowable time frame in which to bring legal action begins only when the injury or defect is discovered agent an individual who is authorized to act on one's behalf (principle) principle one who has an agent acting on their behalf agency when an agent (ID) acts on behalf of a principal (owner) in dealing with a third party (contractor) owner-architect relationship limited agency relationship represents the owner's interests called upon to render unbiased judgement in disputes between owner and contractor (cannot be held liable for stance taken in this situation) architect-employee relationship architect is responsible for the actions of their employees architect-consultant relationship consultants may sometimes act as agents of the architect architect not free from liability of actions by consultants architects not usually responsible if consultants were hired directly by the owner unless negotiated into the owner-architect agreement vicarious liability legal responsibility placed on one person for the acts of another architect not free from liability of actions by consultants antitrust laws basic principles 1. cannot fix or maintain price 2. cannot boycott a client 3. cannot allocate business or customers antitrust laws commonly reviewed activities 1. fees 2. competitive bidding 3. design competitions 4. information surveys sole proprietorship a business owned and managed by a single individual all personal assets at risk does not file separate tax return simplest form