TABLE OF CONTENTS. iii

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1 About the Editors ix Contributing Authors xiii Acknowledgments xvii Preface xix Acronyms and Abbreviations of Defined Terms xxii Acceleration/Constructive Acceleration....1 Acceptance Access to Site Accord and Satisfaction Additional Insured Adjudication Agency Alliancing/Alliance Agreement Alternative Dispute Resolution (ADR) American Arbitration Association (AAA) American Bar Association (ABA) American Institute of Architects (AIA) American Subcontractors Association (ASA) Americans With Disabilities Act (ADA) Arbitration Architect Architect (or Engineer) of Record As-Built Drawings/Record Drawings As-Built Schedule As-Planned Schedule Assignment Associated General Contractors of America (AGC) Associated Schools of Construction (ASC) Backcharge Bad Faith Bankruptcy Bar Chart Baseball Arbitration Best Value Procurement Betterment Rule Bid (also known as Tender) Bid Bond Bid Chiseling Bid Protest Bid Shopping (also see Shopping Bids )..26 Boiler and Machinery Insurance Bond Breach of Contract Brooks Act Build-Operate-Transfer (BOT) Contract Build-Own-Operate (BOO) Build-Own-Transfer iii

2 Builder s Risk Insurance/All-Risk Insurance Building Code Building Information Modeling (BIM) Building Permit Cardinal Change Change Directive/Construction Change Directive (CCD) Change Order Changed Conditions/Differing Site Conditions (DSC) Chapter Claim Collapsed As-Built Analysis Collateral Warranty Combined Dispute Board (CDB) Commercial General Liability (CGL or GL) Insurance Commercial Impracticability Common-Law Bond Compensable Delay Competitive Negotiation Completed Operations Coverage Computer Assisted Design (CAD) Conciliation Concurrent Delay ConsensusDOCS Consequential Damages Constructability Review Construction Documents (CDs) Construction Management (Agency) Construction Management (Agency v. At-Risk) Construction Pyramid Constructive Change Consulting Engineer Contemplated Change Notice (CCN) Contract Administration Contract Documents Contract Price/Contract Sum Contracting Officer (Federal) Contractor Contractor-Controlled Insurance Program (CCIP) Contractual Liability Coverage Correction Period Cost-Plus Contract/Cost-Reimbursable Contract CPM Schedule Critical Path Method (CPM) Daily Reports Default Defective Specification Defective Work/Defect Delay Claim Design-Bid-Build (DBB) Design-Build (DB) Design-Build-Finance-Operate-Maintain (DBFOM) Design-Build-Finance-Operate-Maintain- Transfer (DBFOMT) Design-Build-Operate (DBO) Design-Build-Operate-Maintain (DBOM) Design-Build-Own-Operate (DBOO) Design Development Documents (DDs)...60 Design Documents Design Professional Diary (of Superintendent) Dispute Adjudication Board (DAB) Dispute Review Board (DRB) Disruption/Inefficiency/Loss of Efficiency/Loss of Productivity Early Finish Early Neutral Evaluation (ENE) Easement (or Right of Way) Economic Loss Doctrine Eichleay Formula Employer Employer s Liability Insurance Engineer Engineer-Procure-Construct (EPC) Equitable Lien Escalation Estoppel Excusable Delay Expert Expert Determination Extended (or Unabsorbed) Home Office Overhead Extras/Extra Work Order False Claims Act (FCA) iv

3 Fast-Track Rules Federal Acquisition Regulation (FAR) Federal Arbitration Act (FAA) Fiduciary Final Completion Final Payment Final Release v. Partial Release Fixed-Price Contract/Lump-Sum Contract Float/Total Float/Free Float Flow-down Provision Force Account Force Majeure Foreman Fragnet Fraud/Promissory Fraud Frustration of Performance General Agreement of Indemnity (GAI) General Conditions Geotechnical Reports/Findings Guaranteed Maximum Price (GMP) Contract Hazardous Materials/Hazardous Substances Hindrance Impact Impact Claim Impacted As-Planned Analysis Implied Impossibility of Performance Incentive/Disincentive Clause Incentives Indemnify v. Hold Harmless v. Defend Indemnification Clause Indemnity Independent Contractor Infrastructure Initial Decision Maker (IDM) Insolvency Inspection Insured Integrated Project Delivery (IPD) Interference International Center for Dispute Resolution (ICDR) International Code Council (ICC) International Federation of Consulting Engineers (FIDIC) Invitation for Bids v. Request for Proposal JAMS (Judicial Arbitration and Mediation Services, Inc.) Jobsite Overhead/Field Overhead Joint and Several Liability Joint Check Agreement Joint Venture Jury Verdict Award Labor Burden Laborer Latent Ambiguity Latent Defect v. Patent Defect Lender/Construction Lender Letter of Credit (LOC or LC) Liability Insurer Lien Waiver Limitations Period Liquidated Damages Liquidation Agreement/Liquidating Agreement Log (of Superintendent) Look-Ahead Schedule/Short-Term Schedule Loss of Productivity Claim Maintenance Markup/Profit/Fee Materialmen Means and Methods Measured Mile Approach Mechanic s Lien Med-Arb Mediation Meeting Minutes Mini-Trial Mitigation of Damages Multi-Prime Contracting Mutual Mistake Named Insured National Society of Professional Engineers (NSPE) Negligence Negligent Misrepresentation v

4 No Damage-for-Delay Clause Noncompensable Delay Notice of Claim Notice of Commencement Notice to Contractor Notice to Proceed Occupational Safety and Health Administration (OSHA) Over-Inspection Owner-Controlled Insurance Program (OCIP) Parol Evidence Partnering/Partnering Agreement Pass-through Agreement (Liquidation Agreement) Patent Ambiguity Pay-if-Paid Clause v. Pay-When-Paid Clause Payment Bond (Labor and Material Payment Bond) Peer Review Pending Change Order/Change Notice/ Contemplated Change Order Performance Bond Performance Specifications Plain-Meaning Rule Precedence of Documents Prime Contract/General Contract Prime Contractor/General Contractor Privatization Procurement Professional Liability Insurance (Errors & Omissions) Program Management Progress Payment Project Engineer Project Labor Agreement (PLA) Project Manager Project Manager at-risk Project Manager Not at-risk Project Neutral Prompt Payment Proprietary Specification Public-Private Partnership (PPP) Public Works Punch List Punitive Damages Purchase Order Quantum Meruit Receiver Receivership Red Book Reimbursable Request for Equitable Adjustment (REA) Request for Information (RFI) Resident Officer in Charge of Construction (ROICC) Retainage/Retention Schedule: Project Schedule/Progress Schedule/Master Schedule Schedule of Values Schedule Updates Schematic Design Documents Scope of Work/Work Sealed Bidding Shop Drawings, Samples, Product Data Shopping Bids Silver Book Site Meeting Site Review Socioeconomic Programs/ Requirements Specifications Statute of Limitations Statute of Repose Statutory Bond Stipulated Price Contract Stop Notice Stored Materials Structured Negotiations Subcontract Subcontractor Submittals Substantial Completion Substantial Performance Rule Substitutions Sub-Subcontractor Subsurface Reports Superintendent Supplementary General Conditions Supplier vi

5 Supply Contract Surety Surety Bond Survey Suspension of Work Notice of Claim Takeover Agreement Teaming Agreement Termination for Cause Termination for Convenience Termination for Default Third-Party Beneficiary Rule Time and Material Time and Materials (T&M) Contract Time Extension Time Impact Analysis (TIA) v. Windows Analysis Tort Total Cost Method (Total Cost Approach) Total Time Approach Trade Contractor Permit Trade Permit Turnkey Unconscionability Unexcused Delay Unforeseen Condition/Unforeseen Site Condition Uniform Commercial Code (UCC) Unit Price Contract Unjust Enrichment Use Plaintiff Value Engineering Variance/Variation Waiver Waiver of Subrogation Warranty/Guarantee Warranty Period Work Authorization Working Foreman Yellow Book Your Work Exclusion vii