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