HomeMy WebLinkAboutBack-up from Law Dept.CONSTRUCTION LITIGATION IN FLORIDA
ment services provided to an Owner by an Archi-
tect or other person or entity possessing requisite
training and experience during the Design Phase
and/or Construction Phase of a Project. Such man-
agement services may include advice on the time
and cost consequences of design and construction
decisions, scheduling, cost control, coordination
or contract negotiations and awards, timely pur-
chasing of critical materials and long -lead items
and coordination or construction activities. (Ref:
AIA Documents A101/CM, A201/CM, A311/CM,
A511/CM, 8141/CM, B161;CM and B801.1
CONSTRUCTION MANAGER: As used in AIA Docu-
ments, the term refers to an individual or entity
who provides construction management services
with a fiduciary duty to the Owner for both the
Design Phase and/or Construction Phase of a Proj-
ect. As used in other contexts in the construction
industry, it may refer only to a commercial, arms -
length relationship between an Owner and Con-
struction Manager, or a combination of a fiduciary
and commercial relationship over the life of a Proj-
ect. See also CONSTRUCTION MANAGEMENT.
(Ref: AIA Documents B141/CM, B161ICM and
B801.)
CONSTRUCTION PHASE -ADMINISTRATION OF THE
CONSTRUCTION CONTRACT: The Phase of the Ar-
chitect's Services which includes the Architect's
general administration of the Construction Con-
tract(s), See also CONTRACT ADMINISTRATION.
(Ref: AIA Document A201, B141, 13151, B162, B181
and D200, and Handbook Chapters B-2, B-3, 13-7,
D-1 and D-3.)
CONSULTANT: A person or entity who provides pro-
fessional advice or services.
CONTINGENCY ALLOWANCE: A sum included in the
Project budget designated to cover unpredictable
or unforeseen items of Work, or changes in the
Work subsequently required by the Owner. See
BUDGET, PROJECT. fReT Handbook Chapter D-4.)
CONTINGENT AGREEMENT: An agreement, gener-
ally between an Owner and an Architect, in which
some portion or the Architect's compensation is
contingent upon the Owner's obtaining funds for
the Project (such as by successful referendum, sale
of bonds or securing of other financing), or upon
some other specially prescribed condition.
CONTINGENT LIABILITY: (1) Liability which is not
absolute and fixed, but is dependent upon the
occurrence of some uncertain future event or the
existence of an uncertain specified condition. (2)
Particularly in insurance law, liability imposed
upon an individual or entity because of injuries or
damages caused by persons or entities, other than
employees, for whose acts or omissions the first
party may be legally responsible.
CONTRACT: A legally enforceable promise or agree-
ment between two or among several persons. See
also AGREEMENT.
CONTRACT ADMINISTRATION: The duties and re-
sponsibilities of the Architect during the Construc-
tion Phase. (Ref: ALA Documents A201, B141, B151,
B161, B162. 8171, 8181 and B352, and Handbook
Chapter B-7.)
CONTRACT AWARD: A communication from an
Owner accepting a bid or negotiated proposal. An
award creates legal obligations between the par-
ties. (Ref: AIA Document A501 and Handbook
Chapter D-4.)
CONTRACT DATE: See DATE OF AGREEMENT.
CONTRACT DOCUMENTS: The Owner -Contractor
Agreement, the Conditions of the Contract (Gen-
eral, Supplementary and other Conditions), the
Drawings, the Specifications, and all Addenda is-
sued prior to and all Modifications issued after
execution of the Contract; and any other items that
may be specifically stipulated as being included in
the Contract Documents. (Ref: AIA Document
A201 and Handbook Chapters 8-7 and D-3.)
CONTRACT LIMIT: A limit line or perimeter line es-
tablished on the Drawings or elsewhere in the
Contract Documents defining the boundaries of
the site available to the Contractor for construction
purposes.
CONTRACT SUM: The sum stated in the Owner -Con-
tractor Agreement, which is the total amount pay-
able by the Owner to the Contractor for the perfor-
mance of the Work under the Contract Docu-
ments. The Contract Sum may be adjusted only by
Change Order. (Ref: AIA Document A201 and
Handbook Chapter D-5.)
CONTRACT TIME: The period of time allotted in the
Contract Documents for Substantial Completion
of the Work, including authorized adjustments
thereto. The Contract lime may be adjusted only
by Change Order. (Ref: AIA Document A201 and
Handbook Chapter D-5.)
CONTRACTING OFFICER: The person designated as
the official representative of the Owner with spe-
cific authority to act in the Owner's behalf in con-
nection with a Project. In the federal, and many
state and local procurement systems, the CON-
TRACTING OFFICER has authority to decide dis-
putes, either finally or subject to review proce-
dures. See also OWNER'S REPRESENTATIVE.
CONTRACTOR: CO One who contracts. (2) In con-
struction terminology, the person or entity respon-
sible for performing the Work and identified as
such in the Owner -Contractor Agreement. (Ref:
Handbook Chapter D-5.1
CONTRACTOR'S AFFIDAVIT: A certified statement of
the Contractor, properly notarized, relating to pay-
ment of debts and claims, release of liens. or simi-
lar matters requiring specific evidence for the pro-
tection of the Owner. See also NONCOLLUSION
AFFIDAVIT. (Ref: AIA Documents G706 and G706A. )
GLOSSARY OF CONSTRUCTION INDUSTRY TERMS • MAY 1982 EDITION • .AIA• • COPYRIGHT 1970 • 1 1982
8 THE AMERICAN INSTITUTE OF ARCHITECTS • 1733 .NEW YORK AVENUE. N.W.. WASHINGTON, D.C. 220006
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