ARE 5.0 PCM Exam with 100% Correct | Latest Updated Graded A+
ARE 5.0 PCM Exam with 100% Correct | Latest Updated Graded A+ Party Dispute - Problems that arise on a project (i.e. delays, failures, fee controversies) Administrative Proceeding - Problems that arise from civil statutes (i.e. licensing, code compliance, regulations) Standard of Care - What a reasonably prudent architect would do, in the same time and place, given the same or similar facts and circumstances. The law does not require perfection. Duty - A set of terms or requirements that defines what one person "owes" another in a particular relationship. They are either stated (codified in contracts, building codes, building regulations, and zoning documents) or implied (manifested by following a code of ethics). Negligence - In order to prove negligence, the plaintiff must prove 4 things: duty, breach, cause, and damage. Statute of Limitations - Time limit within which a claim can be made. After the time limit, the claim is permanently barred. Each state has its own statute of limitations on construction claims against architecture, typically 3-10 years. Statute of Repose - Similar to a statute of limitations, except that the time limit is usually much shorter and doesn't begin until either the problem is first discovered or substantial completion. Betterment - Typically applies to negligence claims. Ex: If the architect forgets to include carpeting in the design, the architect would only be responsible for a fraction of the cost (i.e. change order fee or premium difference) because the client would have had to pay for carpeting anyway, had it been shown in the original plans.
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