Law and Contract Terms: Definitions and Functions in US Law, Quizzes of Civil Engineering

Download Law and Contract Terms: Definitions and Functions in US Law and more Quizzes Civil Engineering in PDF only on Docsity! TERM 1 Law DEFINITION 1 any system of regulations to govern the conduct of the people of a community, society or nation, in response to the need for regularity, consistency and justice based upon collective human experience.A COMMON MANS DEFINITION OF LAW: A PROCESS by which disputes are resolved . . . TERM 2 Contract DEFINITION 2 an agreement with specific terms between two or more persons or entities TERM 3 STATUTE LAW DEFINITION 3 Any law created, recorded, and adopted by legislative or administrative entities. TERM 4 COMMON LAW DEFINITION 4 Law that is derived from judicial decisions instead of from statutes.Follows principle of stare decisis judges obligated to follow the precedents established in prior decisions.Common law is NOT uniform throughout the United States.Over time, much of common law becomes codified (turns into statute law). TERM 5 SOURCES OF US LAW DEFINITION 5 "Constitution"Legislation"Executive Branch"Courts/Court Rulings TERM 6 Substantive DEFINITION 6 Part of law that creates, defines and regulates rights & obligations of individuals TERM 7 Procedural DEFINITION 7 Prescribes mechanisms used by courts to enforce substantive law . . . For exampleRules of evidence what is admissible and what is notStatutes of limitations TERM 8 International DEFINITION 8 - Describes obligations & regulates relations between nations- Describes conduct of a nations citizens towards other nations and their citizens- Normally expressed in treaties TERM 9 Commercial DEFINITION 9 Governs worldwide commercial transactions between business entities TERM 10 Maritime DEFINITION 10 Jurisdiction of all transactions and proceedings upon navigable watersDistinct group of rules separate from state or international TERM 21 Fundamental Tenants of Construction Contracts DEFINITION 21 - Owner and Contractor are required by law to act in good faith in the performance of their contractual obligations.- Contractor is responsible for means & methods used to perforce the construction.- Contractor owes the owner a duty to perform services in an appropriate workmanlike manner.- Owner has a duty to cooperate with contractors. TERM 22 Spearin Doctrine DEFINITION 22 -Owner impliedly warrants that the plans and specifications, if followed, will result in a functioning system.-If a contractor is required to build according to plans and specifications prepared by the owner (or the owners representative), then the contractor will not be responsible for the consequences of defects in the plan- Spearin doctrine only when contractor builds a system according to a design specification TERM 23 Legal Requirements for A/Es DEFINITION 23 Perform the services described in the contract with the owner.Perform these services in a manner that is in accordance with the professional standard of care. TERM 24 STANDARD OF CARE DEFINITION 24 a legally defined phrase that is used by all state engineering licensure boards and all legal firms that defend or prosecute engineering casesthe watchfulness, attention, caution and prudence that a reasonable person in the circumstances would exercise.Failure to meet the standard is negligence, and any damages resulting there from may be claimed in a lawsuit by the injured party TERM 25 NEGLIGENCE DEFINITION 25 Failure to exercise the care toward others which a reasonable or prudent person would do in the circumstances, or taking action which such a reasonable person would not.Negligence can result in all types of accidents causing physical and/or property damage, but can also include business errors and miscalculations, such as a sloppy land survey TERM 26 ERRORS & OMISSIONS DEFINITION 26 Deficiencies, usually in design or drafting, in the plans and specifications that must be corrected in order for the facility to operate properly TERM 27 WHO PAYS TO CORRECT ERRORS & OMISSIONS? DEFINITION 27 - A/E should provide design revisions to correct any errors/inconsistencies/omissions in their construction documents without additional compensation- Owners project contingency* should cover reasonable error/omissions-related construction costs, up to the cost that they would have had to pay had the error/omission not been made (owner's receive a- A/E is liable for any construction costs that exceed what the owner would have paid for had the error/ omission not been made