LARE EXAM 1 (Professional Landscape
Architect) Questions with Correct
Answers
Outline the business relationships between the three principal parties that are involved
in a landscape construction project (Their obligations) - 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? - 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 - 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. - 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 - 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 - 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 - 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 - Answer-A person authorized by the owner to act as the owner's
representative to bring about performance of contractual obligations.
Arbitration - 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 - Answer-major subject with a part of a specification section consisting of one or
more related paragraphs and subparagraphs.
Bid - 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 - Answer-the advertisement, instructions to the bidder and dib form
bid form - 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 - 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 - 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 - 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 - 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 - 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 - 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 - 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 - 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) - 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 - 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
, Account Receivable Insurance - Answer-Indemnifies for losses that are due to an
inability to collect from debtors because records have been destroyed by an insured
peril.
Accreditation (of Schools) - Answer-The offical authorization of professional education
programs by that profession's sanctioning body, certifying that an accredited program
satisfactorily teaches the curriculum deemed necessary for professional preparation
Actual Cash Value (ACV) coverage - Answer-The replacement cost of property less an
allowance for actual deprecation
Ad Valorem Tax - Answer-are levies made in proportion to real estate value for support
of public purposes.
Additional Insured - Answer-Person who has an insurable interest in the
property/person covered in a policy an who is covered against the losses outlined in the
policy
AD-HOC Memer - Answer-Member who is automatically a member of the committee,
etc. because of his or her position within the organization; an officeholder
Admitted insurer - Answer-An insurer that is licensed to do business in a particular state
Adverse possession - Answer-Possession and use of real estate by a non owner is
adverse possession. Both the owner and the person possessing are private individuals.
In various jurisdictions such use and possession will result in ownership by the user
after a specified period of time (often 15 years).
advertisement - Answer-The notification to contractors that the owner is taking bids for a
project. The advertisement usually is published in newspapers and construction industry
outlets available to contractors.
Affirmative Defenses - Answer-An affirmative defense will bar an otherwise valid claim.
It is called "affirmative" because the party claiming the defense has the responsibility to
bring it to the court's attention
Age of majority - Answer-upon attainment of this age, as specified by stat statuete, a
person is no longer a "minor" or an "infant" in the eyes of the law
Agency Relationship - Answer-A contractual relationship between a person and an
owner which authorizes that person to act as the owner's representative to bring about
performance of contractual obligations
Aggregate Limit - Answer-A yearly limit, rather than a "per occurrence" limit,
representing the most the insurer will pay during one policy year
