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A Students Guide: The Pursuit of Professional Licensure

Landscape Architecture Registration Examination (L.A.R.E)


Section 1: Project and Construction Management

Written by
Katherine R. Brown
Bachelor of Landscape Architecture Candidate 15
University of Guelph
LARC*4730 Special Study in Landscape Architecture

Academic Advisor
Sean Kelly
Assistant Professor, BLA Coordinator
University of Guelph
Landscape Architecture, Rm 104

Preface
Licensure as a Landscape Architect is a formal recognition that an individual has demonstrated sufficient knowledge,
skill and ability to practice the discipline without endangering the health, safety and welfare of the public. It conveys
legal professional privileges and responsibilities and allows the licensee to use the title Landscape Architect. The
Landscape Architecture Registration Examinations (L.A.R.E) Exams are a set of examinations required to be written
as a prerequisite to licensure. These examinations are developed and administered by the Council of Landscape
Architectural Registration Board (CLARB), and are administered in four different sections: Project and Construction
Management, Inventory and Analysis, Design and Grading, Drainage and Construction Documentation.
According to a recent study by CLARB, examinees have a higher success rate the closer they take Sections One and
Two to their education. A unique opportunity for students in Ontario is to write these exams before completing their
undergraduate degree. Since there is marginal information available to students interested in writing a L.A.R.E exam,
It is my goal to share my experiences in taking Section One of the L.A.R.E to inform and educate my fellow classmates
about the registration, preparation and administration process of the exam.

Contents

Registration
The Council of Landscape Architecture Registration Boards
The Landscape Architecture Registration Examinations (L.A.R.E)
Section 1: Project and Construction Management
The CLARB Council Record
Exam Registration

1
1
2
2
3

Exam Preparation Material


Getting Started
Terms and Definitons
Reading List
Practice Exams
Online Communities

4
5
5
6
7

Exam Preparation Method


Narrowing your focus
Study Strategy and Time Management
Testing Your Knowledge

9
9
10

Writing the Exam


What do expect on Exam Day
Exam Writing Tips

12
12

References

13

Appendix A
Study Notes: The Practice of Landscape Architecture in Canada
18

Registration
The Council of Landscape Architecture Registration
Boards

Formed in 1961, The Council of Landscape
Architectural Registration Boards (CLARB) is a nonprofit organization that coordinates the enactment of
laws to equalize and improve standards for licensure
examination. CLARB is dedicated to ensuring that all
individuals who affect the environment through the
discipline of landscape architecture are sufficiently
qualified to do so, that all practitioners understand,
obtain and maintain the knowledge, skills and abilities
required to practice the profession safely. Their
members include the licensure boards in 48 states, two
Canadian provinces (Ontario and British Columbia)
and the territory of Puerto Rico that regulate the
profession of landscape architecture (CLARB, 2009).

The Landscape Architecture Registration


Examinations (L.A.R.E)

The Landscape Architecture Registration
Examinations are a set of examinations required
to be written as a prerequisite to licensure. These
examinations are developed and administered by the
Council of Landscape Architectural Registration Board
(CLARB).

Until 2012; the L.A.R.E Examinations
consisted of 5 written sections- A, B, C, D, and E. The
examinations have undergone a recent change and
are now administered in four fully computerized
sections: Project and Construction Management
(Section 1), Inventory and Analysis (Section 2), Design
(Section 3) and Grading Drainage and Construction
Documentation (Section 4). These examinations
determine whether applicants for landscape
architectural licensure are able to provide landscape
architectural services without endangering the health,
safety and welfare of the public (CLARB, 2009).

The exam content is based on a task analysis
study conducted every five to seven years of the
professional practice of landscape architecture,
identifying what is required at the initial point of
licensure for an individual to successfully complete

Section 1: Project and Construction Management

tasks. This forms the basis of the L.A.R.E. (CLARB,


2009). The most recent study was conducted in
2010/2011 and as a result of the survey the updated
L.A.R.E. was introduced in September 2012. Results
showed that candidates have a higher success rate
and perform better the closer they take Sections 1 and
2 to their education.
Section 1: Project and Construction Management

Section 1 of the L.A.R.E covers the legal and
administrative practice of landscape architecture.
The exam is broken down into two major content
groups: Project Management (62%) and Bidding
and Construction (38%). The topics covered in this
exam include project scope and client requirements,
budgets, establishing required outside service,
program development, contract documentation,
mapping, scheduling, design communication,
construction documents, the bidding process, the
construction process, project close-out and final
completion (CLARB, 2009).

The CLARB Council Record



CLARB manages a certification program
through which landscape architects can document
and verify their education, experience, examination
and licensure history, thereby streamlining the
licensure and reciprocal registration processes. This is
called the Council Record (CLARB, 2009). The CLARB
Council Record is a valuable tool from examination to
professional designation. It can be used to quickly and
easily apply for licensure.
The CLARB Council Record is a verified history of your:
Education
Experience
Examination

Licensure history

Professional references
A CLARB Council Record costs $150 dollars, plus a $150
per year maintenance fee. You must have a Council
Record with CLARB in order to register for the L.A.R.E,
however it is important to note that your Council
Record does not need to be fully complete to take the
test.


A Students Guide To Pursuing Professional Licensure

As an undergraduate student, the process of


completing your Council Record will be different than
that of a graduate of the program with experience.
When verifying your education, the online Council
Record interface will ask you to fill in all relevant
information pertaining to the institutions at which you
have studied. The council record requires that you
mail in all transcripts for completed degrees. Since you
have not completed your undergraduate degree, you
neednt mail in your current transcript. Simply obtain
your transcript from your secondary school or other
university at which you have completed a degree. You
may access your Council Record online to verify if your
transcript has been received. If it has been a number
of weeks since you mailed your transcript and the
Reference Received still reads as No, follow up with
CLARB via telephone or email.

The CLARB Council Record also requires that
you provide a history of your employment. If you
have had any previous experience working under
a licenced landscape architect, or are currently
doing an internship, you may fill this data out with
the contact information of your employers to which
CLARB will send a verification form. The same rule
applies for professional references- they must be
licenced landscape architects. If you do not have the
3

Section 1: Project and Construction Management

relevant employment experience or references yet,


there is no need to provide this information. CLARB
will automatically verify your examination information
upon determination of your test score..
Exam Registration

Once you have purchased your CLARB
Council Record, you are now ready to register for the
L.A.R.E. Registration opens for an upcoming exam
approximately 3 months prior to the exam period.

To register, simply follow the prompts on
the CLARB website. Once you have paid your fee,
you will be directed to Pearson VUE. Pearson VUE to
implement innovative, high-stakes computer-based
testing solutions that enhance the performance,
reliability and security of their testing programs.
Leading licensure, certification and assessment
programs around the world depend on Pearson VUE
for administration of examinations, including CLARB.
On the Pearson VUE website, you will be able to select
an exam appointment based on your preferred time
and location. I recommend registering for the exam as
soon as you can to ensure an exam appointment at a
time and location that works best for you.
Section one will cost $350.

A Students Guide To Pursuing


Professional
Licensure
4
Image
courtesy of:
Nick McPhee

Exam Preparation Material


Getting Started

Once youve completed registration, you are
now ready to begin the preparation process. There is
a very wide array of material which you will require
to study for this exam. I highly recommend reading
the L.A.R.E Orientation Guide that is available on the
CLARB website. Within this comprehensive orientation
guide, you will find everything you need to know about
the exam including the content outline and answers to
Frequently Asked Questions.
Terms and Definitons

Since, as a student, you will be unfamiliar
with the vocabulary of project and construction
administration, I recommend beginning your studies
with becoming famililar with terms and definitions
related to project and construction management. It
is important to make sure that you have a thorough
understanding of the language of client/contractor
relationships, the contracting schedule of events,
notifications and the legal requirements of project
undertaking. Introducing these terms and definitions
into your lexicon will greatly help you understand
the material within your readings and provide a solid
foundation of project and construction management
language.
5

Section 1: Project and Construction Management

Reading List

CLARB provides a very useful reading list
containing books that are filled with essential
information. The suggested readings include the
following:
Construction Contracts Jimmie Hinze

Construction Contracts by J. Hinze is a useful
reference guide that presents the fundamentals
of contract law and an in-depth explanation of
construction administration subjects including the
procurement of construction contracts, methods
of dispute resolution, surety bonds, construction
insurance, construction safety, and construction
labor laws. The book is filled with example cases to
effectively illustrate these processes.
Project Management for Design Professionals by
William Ramroth

This essential study resource outlines, in
fine detail, all stages of project management and
the reasonings behind every project management
method. Since the exam content covers 62% project
management, this book is a definite must-read.

Ready, Set, Practice: Elements of Landscape


Architecture by Bruce G. Sharky

Ready, Set, Practice covers essential areas
of professional practice from marketing to project
management, legal issues and technical specifications.
Sharky provides guidance to readers to planning a
successful career in the discipline.
Sustainability and Design Ethics by Tom Russ

CLARB has integrated sustainability into
Section 1 of the L.A.R.E. In order to prepare for this,
Sustainability and Design Ethics by Tom Russ is
essential to read before taking the exam. It is not
necessary to memorize the entirety of the books
contents, as the exam is still heavily focused on Project
and Construction administration, but it is certainly
worth familiarizing yourself with.
The Practice of Landscape Architecture in Canada by
James Taylor

This book is a must for students in landscape
architecture, L.A.R.E examinees and practicing
professionals alike. This book documents the
professional practice of landscape architecture in
Canada, and covers all bases of landscape architecture
from the history of the profession, to the future of the

practice. Topics within include ethics, professional


regulation, law and liability, office management, fees
and marketing, design management, contracts, and
contract administration.
Practice Exams

One of the study tools I found most useful
in the preparation process were practice exams.
Practice tests challenge you not only to know your
material, but apply your knowledge on a case-specific
basis, requiring you to think critically and respond
to complex situations. These come in a number of
different forms, and I recommend using as many as
you can get your hands on.
The CLARB Practice Test
The practice test written by CLARB is the most
accurate representation of the exam content and how
you will be tested on your understanding of project
and construction administration. The exam is $70
if you purchase via CLARB, but the OALA Registrar
provided one to me free of charge. I highly recommend
contacting the OALA registrar about the practice exam
before purchasing.

A Students Guide To Pursuing Professional Licensure

PPI Power to Pass Exam Reviews



PPI has long provided examination
preparation materials including practice exams
and study guides. They are written by industry
professionals and are a great study resource. They
are available in two booklets, one with 70 questions
and one with 90 questions in multiple-choice format.
Fully explained solutions are provided. The Section
1 Review Bundle costs $95, and the individual exams
range from $65 to $75.
Kevin Worthingtons L.A.R.E Study Guide

Shake and Bake Publishing was founded with
the purpose of making L.A.R.E exam material easily
accessible for exam candidates. Kevin Worthington,
the founder of the company, passed each of his L.A.R.E
exams on the first try. It was his mission to provide
the knowledge which he had accumulated into study
guides to help future examinees. His exam guides
provide multiple choice questions and fully explained
solutions. The Section A Study Guide is available in
e-book format, and costs $29.95.

Section 1: Project and Construction Management

Online Communities
L.A.R.E Exam Google Group

The L.A.R.E Exam Google Group is the one of
the best ways to connect with fellow examinees in
both Canada and the United States. Members of this
community are able to ask each other questions and
receive feedback. A multitude of free exam resources
generously shared by previous examinees, including
notes and test exams. If you are unable to invest in the
test exams, the resources available in this group are a
suitable alternative.
L..A.R.E Exam - Anything Goes group at Land8.com

Land8.com is an online platform for students
and professionals in landscape architecture to
connect. The Anything Goes group is a L.A.R.E exam
community where exam candidates are able to ask
questions, leave comments and exchange study
resources.

A Students Guide To PursuingImage


Professional
8
courtesyLicensure
of: Eddie Rohilla

Exam Preparation Method


Narrow Your Focus

I suggest that you look at every recommended
reading. It is, however difficult to memorize the
content of every reading. For memorization purposes,
I recommend as you progress narrowing your focus to
up to three books of your choice, in combination with
glossary of terms and practice exams. The two books
that I placed the heaviest emphasis on in preparation
for the exam were James Taylors The Practice of
Landscape Architecture in Canada, and Project
Management for Design Professionals by William
Ramroth. Towards the end of my studies, I studied Tom
Russ Sustainability and Design Ethics.
Study Strategy and Time Management

Everybody studies and learns in their own
unique way, so it is important that you use a study
method suited to your own personal needs. In order
to ensure you are fully prepared on exam day, I
recommend beginning the study process 10-12 weeks
prior to examination. It is helpful to make a schedule of
study with weekly reading and memorization goals. it
is important to track your progress.

Section 1: Project and Construction Management

The Flashcard Method



In order to be fully prepared for the exam, you
must have a complete understanding of the language,
concepts and applications of the exam content. Since
there is such a large volume of information, I found
writing notes from the books by hand was far tootime consuming a task. Instead, I compiled all of my
information into a series of flashcards that I created
on a website called Cram.com. Found in 2001, Cram
is a thriving community of educators, students and
enthusiastic learners (Cram, n.d.). Users of cram can
make flashcards either for private study or open to
public use. Cram has a large app store, meaning that
the flashcards available online are accessible through
your iPhone, iPad or Android device. Simply download
the app titled Cram, llc., sign in, and search for your
flashcards.

Using the flashcard method allowed me to
organize a large volume of content in a short space
of time, leaving me ample time for memorization and
practice. Having the cards available on my phone and
tablet meant that I could bring my material with me
wherever I went without having to carry books around
or risk losing important notes.


The best tool I used to study was the set of
269 flashcards that I created based on James Taylors
Professional Practice in Canada (See Appendix A).
To access the electronic flashcards that I created, visit
Cram.com or open the Cram, llc. app and search for
a set of flash cards titled 140409 Practice of
Landscape Architecture in Canada J. Taylor KB. If
it is your preference to study from flashcards in print,
there is a feature that allows you to save the cards as
a document to print. Save these flash cards, and you
will have a solid foundation to your study material.
Searching key words such as L.A.R.E Section 1
will also bring you to flash card sets made by fellow
examinees.


Once I was adequately prepared, I began to
write every practice test without my materials in front
of me. Based on the answer keys provided, I scored
my test performance and doubled-back on the areas
I didnt answer correctly. I repeated this process
multiple times during the final days leading up to the
exam.

See Appendix A for comprehensive notes based on


James Taylors Practice of Landscape Architecture in
Canada

Testing Your Knowledge



While the practice exams are an excellent
resource, I recommend waiting until two to three
weeks prior to the exam before your first attempt.
Before writing a practice exam, be sure that you have
become sufficiently familiar with the exam material.
This way, you will have a more accurate gauge of your
preparation progress, and assess which areas you may
need to refer back to within your readings.

A Students Guide To Pursuing Professional Licensure

10

11

Section 1: Project and Construction Management

Image courtesy of: urbantimes.co

Writing the Exam


Exam Day: What To Expect
Pearson VUE Test Center

On exam day, be sure to arrive thirty minutes
before your scheduled appointment, and to bring
two pieces of identification. One of these forms
identification must be government issued with photo
identification, such as a drivers license, Ontario ID
Card, or Canadian Passport. Valid forms of secondary
I.D include credit cards and debit cards. You will be
provided a locker and a key- you must have empty
pockets and absolutely no jewelery on the wrist. A set
of examination rules will be provided for you to read
before proceeding into the exam. When your name is
called, you will be shown into the examination room
with a calculator, erasable white board and a marker.
Exam Writing Tips

Pearson VUE provides the oppurtunity to view
a computerized testing tutorial before beginning the
exam. I highly recommend taking this tutorial so as
to mitigate your likelihood of misunderstanding the
testing interface and making a preventable error. This
process only takes a few minutes.

There are no scheduled breaks in this
exam. You can, however, notify the Pearson VUE
representative in the room if you must step out. Your

timer will still be running, so any time you take outside


of the exam room will be deducted from your exam
time allotment. Be sure to watch the clock.

Begin the exam with a clear mind It is easy
to get nervous, but do not get exam fever. Be sure to
follow all examination instructions and read each
question very carefully. You are given three hours
of examination time, which is more than enough to
thoroughly think through each and every answer.
To save time, begin with answering every question
you automatically know the answer to, and flag to
review every question you are unsure of. Once you
have finished the exam, you are able to review every
question as many times as you wish. At this point you
may double-back over the answers you need more
time with. Time permitting, it is always a good idea
to go back and read every single question once more
before leaving the exam. Take the time to read the
questions and ensure you have not missed anything.
Once you have finished, notify the representative and
you will be guided out of the examination room.
Your exam results will be available within 4 to 6 weeks
via CLARB.
Good luck!
A Students Guide To Pursuing Professional Licensure

12

References
Books

Web Pages

1) Hinze, J. (2001). Construction contracts (2nd ed.).


Boston: McGraw-Hill.

6) CLARB. (2009). Council of Landscape Architectural


Registration Boards. Retrieved March 28 1, 2014, from
https://www.clarb.org/Pages/default.aspx

2) Ramroth, W. G. (2006). Project management for


design professionals. Chicago: Kaplan Publishing.
3) Russ, T. H. (2010). Sustainability and design ethics.
Boca Raton, FL: CRC Press, Taylor & Francis.
4) Sharky, B. (1994). Ready, set, practice: elements of
landscape architecture professional practice. New
York: Wiley.
5) Taylor, J. R. (2006). The practice of landscape
architecture in Canada. Guelph, Ont.: Landscape
Architecture Canada Foundation.

13

Section 1: Project and Construction Management

7) www.cram.com. (n.d.). Cram.com: Create and Share


Online Flashcards. Retrieved April 1, 2014, from http://
www.cram.com/
8) L.A.R.E Exam - Google Groups. (n.d.). Google Groups.
Retrieved April 2, 2014, from https://groups.google.
com/forum/#!forum/lare-exam
9) L.A.R.E. - ANYTHING GOES. (n.d.). Land8.com.
Retrieved April 4, 2014, from http://land8.com/group/
lareanythinggoes

Practice Exams

Glossary of Terms

10) L.A.R.E. Review Materials. (n.d.). Landscape


Architect Registration Examination (L.A.R.E.)
Preparation and Review Materials from PPI. Retrieved
April 10, 2014, from http://ppi2pass.com/shop/lare/
lare-review-materials

12) LARE Section 1 Study Guide - Glossary of Terms.


(n.d.). Landscape Invocation. Retrieved April 6, 2014,
from http://landscapeinvocation.com/lare-section-1study-guide-glossary-of-terms/

11) Section A - LARE Study Guide. (n.d.). LARE Study


Guides. Retrieved April 4, 2014, from http://www.
larestudyguide.com/section_a.

A Students Guide To Pursuing Professional Licensure

14

Appendix A

Exam Preparation: Q + A

17

Appendix A

The Practice of Landscape Architecture In Canada


Found in this Appendix is a comprehensive set of questions and answers based on James Taylors
Professional Practice in Canada. These questions and answers are an effective barometer for your
readiness for the exam.
An electronic set of these flashcards is available through Cram.
They are accessible online at www.cram.com, or can be studied anywhere from iPhone/iPad/Android
devices through the Cram app.
Simply search: 140409 - Practice of Landscape Architecture in Canada - J.Taylor - KB

The Practice of Landscape Architecture in Canada

18

What are the divisions of professional practice of


landscape architecture?
1) Private
2) Public
3) Academic
4) Design-Build
What are the roles and responsibilities of a
private practice landscape architect?
-Provide professional services for a fee
-Principal or employee
-Enters into 3-party contract with owner and
contractor
-Benefit of owner and ethical good
-Design and additional services including landscape
assessment, master planning, and landscape
management
-Serve interests of the client, and broader ethical
concerns
-Assume liability for office, errors and omissions, and
supervision
What are the roles and responsibilities of a public
sector landscape architect?
-Employees of government, crown corporations, and
public agencies
-Manage the design process through coordination of
work contracted to private landscape architects and
allied consultants
-May be rather specialized in work in response to the
mission of employer (Eg, Parks Canada)
-Federal, Regional, Municipal clientele.
What are the roles and responsibilities of a
design/build landscape architect?
-Owners/Employees
-Business administration, retail operations, contract
management, nursery operations, construction and
19

Appendix A

labour management
-Less separation of design/supply/build requires LA
to fully disclose nature of service to client
-Private sector residential/commercial clientele.
What is Landscape Planning?
-Speciality involving work at regional scale
-Land use planning, GIS, EA, VRM.
-Plans, reports, databases
What is Master Planning?
-Larger sites, defining circulation, use, access,
location, density, context, grading, phasing, etc.
-Master plans, models, presentation documents,
design guidelines, etc.
What is Site Planning?
-Applying a specific programme
-Defines in great detail basic land uses, characters
of development, relationship of structures, planting,
grading, cost estimates, feature areas.
-Site plans, sections, elevations, presentation
sketches, renderings, models.
What is project design?
-Schematic design, design development,
construction drawings, specs, contract and bidding
documents, observation and post-construction
services.
What are the four categories of service defined by
the OALA?
1. Consulting and Advisory Services
2. Conceptual Planning and Pre-Design
3. Design and Contract Documents
4. Services Before and During Construction

What are consulting and advisory services?


i. CONSULTING AND ADVISORY
-Consultation and advice
-environmental studies
-site analysis
-appraisals
-report prep
-research
-computer services
-management/administration
-terms of reference establishment
-consultant coordination
ii. SPECIALTY
-expert involvement, EA, hearings
iii. OTHER
-short term, intermittent
What are Conceptual Planning and Pre-Design
Services?
i. CONCEPTUAL PLANNING
-obtaining relevant data
-programme development
-alternative concepts
-preparation of estimates
ii. PRE-DESIGN SERVICES
-master plans
-development plans
-conceptual designs
-planning approvals
-site plan agreements
-cost estimates
-permit applications
-consultant coordination
What constitutes Design and Contract
documents?
-working drawings
-specifications
-tender documents

-tender and award of contract


-consultant coordination
What are the services provided before and during
construction?
i.CONTRACT MANAGEMENT
-pre-qual of bidders
-prep/reciept of bids
-contract award
ii. FIELD REVIEWS AND CONTRACT ADMIN
-as-built drawings
-prep of maintenance guidelines
-warranty inspections
What are the 3 allied professions?
Architecture, Planning, Landscape Architecture (work
in collaboration with specialized professionals)
What are the four divisions of the landscape
industry?
1) Professionals (LAs) that provide the design/
supervisory service
2) Contractors that supply equipment and
management skills, employ trades that provide skills
and equipment to maintain and build the landscape
3) Manufacturers/growers that provide materials
4) Suppliers that wholesale products to the trades or
retail to the general public through garden centers.
Maintain industry continuity.
What are the trades organizations at the National
Level?
1) CNTA (Canadian Nursery Trades Association)
represents landscape trades at federal government
level to press for better business conditions by
providing a variety of printed materials, specs, and a
newspaper.
2) Nursery Sod Growers Association
What are the trades organizations at the Provincial
The Practice of Landscape Architecture in Canada

20

Level? Landscape Ontario Horticultural Trades (LO),


BC Landscape and Nursery Association
What are the four steps in the professional
continuum for Architects in Canada?
Step 1: Education (Professional university program,
bachelors or Masters)
Step 2: Internship (Work under a registered
landscape architect, complete Architect Internship
Program)
Step 3: Licensure (Take Architects Registration
Examination)
Step 4: Continuing Education (Continue professional
development through educational programmes,
obtain credits)
What is the purpose of acts and laws pertaining
to the licensure of landscape architects?
Protect the safety, health and welfare of the public.
Every state or province, through its laws and
statutes a) defines the profession, b) specifies
the qualifications required to practice landscape
architecture and c) defines the administrative
procedures required for licensure (Sharky 1994:50)
What are the two categories for the regulation of
professions?
1) Title acts: regulate the use of professional name
(architect, engineer, landscape architect) and make
it illegal to use the title unless the individual is
licensed under and a member of the regulatory body
governing that profession. However, one may still
perform the work of a landscape architect without
a license, so long as they do not call themselves a
professional landscape architect.

21

Appendix A

b) Practice acts: define the specific activities/


behavior of a licensed professional practicing
a specific profession. Where these acts exist, it
is unqualified individuals to call themselves a
landscape architect and to practice the profession.
What are the requirements for licensure?
1) Minimum age requirement;
2) Acceptable moral character;
3) Minimum education requirements;
4) Minimum level of practical experience;
5) Pass a minimum competency examination, and;
6) Payment of registration fees and dues.
What is reciprocity of licensure?
Reciprocity is the exchange of privileges. The
profession of landscape architecture is often not
confined to the boundaries of a specific jurisdiction.
For example, a Toronto landscape architect might
be commissioned by a Halifax developer to do a
project in Alberta. Reciprocity among jurisdictions
can be achieved through agreements that recognize
qualified non-members.
What is CLARB?
-Formed in 1961, The Council of Landscape
Architectural Registration Boards (CLARB)
coordinates the enactment of laws to equalize and
improve standards for licensure examination.
-Their mission is to foster the public, safety and
welfare related to use and protection of natural
and built environments affected by landscape
architecture.

What services does CLARB provide?


1) Programmes and services that ensure consistency
and competency of landscape architects and
others involved in making decisions affecting the
development/conservation of land by promoting
standards/examinations/certificates of competency
and conduct.
2) Information/resources to those affected by the
practice of landscape architecture thereby ensuring
they are well informed regarding the value and
benefits of the licensed practice of landscape
architecture (CLARB, 2009).

What is the Stewardship Principle?


-A special responsibility on part of the landscape
architect to combine their efforts to organize the
elements of the earths surface for human use and
enjoyment with a commitment to the protection,
preservation and enhancement of environmental
resources.

3) Design, preparation, and grading of the Landscape


Architect Registration Examination (L.A.R.E)
What is ethics? The branch of philosophical
theory concerned with morality, referring to right
and wrong; a concern in alleviating suffering and
promoting well-being.

What are the tenets of the ASLA Code of


Environmental Ethics?
1) The health and well-being of biological systems,
their integrity to sustain human health.
2) Future generations have a right to the same
environmental/ecological assets.
3) Long-term economic survival has a dependence
upon the natural environment.
4) Stewardship is essential to maintain healthy
environment and quality of life for the earth.
(ASLA, 2006)

What is the framework of professional ethics?


A full continuum of conduct including personal
moral standards, professional relationships with the
public and wise use and protection of environmental
resources.
What is the significance ethics to a landscape
architect?
-Professionals serve special roles in society and have
duties and responsibilities that apply specifically
to them. Ethics act to guide landscape architects
in discovering their various moral responsibilities
(Waluchow, undated).
-A professionals specialized skills and knowledge
give them power, which is why a breach of
professional ethics is such a serious matter.

-This requires the landscape architect to look


beyond the commercial bottom line and immediate
desires of the client. They are a trustee with the longterm care of a vital resource.

What are a landscape architects general


obligations?
-Improving the condition of the community and
society while maintaining the intrinsic values of
environmental resources.
-Protecting cultural and historical values of a region
or a nation.
-Act as a steward to the environment.
(Sharky, 1994)
What is the landscape architects obligation to
the client?
-Act on behalf of the client
The Practice of Landscape Architecture in Canada

22

-There must be a trust relationship


-Be honest and truthful
-Deliver professional services with competency
-Be loyal to the client, except when loyalty may
conflict with the professionals self-interest or the
interests of third parties.
-Discretion and confidentiality.

-Standards of behavior expected of the members of


a profession and serves to maintain or improve its
standing in the eyes of the public.
-Creates a basis of mutual respect and
understanding among members while including
objectives representing societal values of that
membership.

What is the landscape architects obligation to


third parties?
-Responsibility of the effects of their practice on
third parties. For example, in playground design,
landscape architect has the ethical duty to see
that the equipment is durable, safe, and properly
installed to protect the public.

What enforces ethical standards for professional


groups?
Loss of membership, sanctions, peer pressure,
limited support of the organizations services
(Sharky, 1994).

What is the landscape architects obligation to


their employers/employees?
-Employees must be honest, practice discretion and
obey their employers (as long as their employers
needs are legal and ethical)
-Employers must also be honest and discreet.
They should not ask their employees to act in an
unlawful/unethical manner. They must be fair
to their employees and support their continuing
professional development.
What is a landscape architects obligation to the
profession?
-Respect the profession and hold their colleagues in
high esteem.
-Social leadership such as public service
-Improvement of the profession and professional
knowledge through research and reform
-Preservation and enhancement of the role of the
profession (Bayles, 1999).
What is a code of ethics?
23

Appendix A

What are practices detrimental to the profession?


-Advertising in an undignified manner, in poor taste;
in a self-seeking, dishonest or commercial tone
-Claiming false membership
-Use of a landscape architects name in an
undertaking which he/she has no role
-Accept or undertake work beyond professional
capacity.
What are practices detrimental to the integrity of
employer/employee relationships?
-Receipt of remuneration in the form of profit on
materials or labour
-Land development interests/execution of
construction work
-Acceptance of compensation from interest other
than the client/employer.

What are practices that can damage professional


relationships?
-Falsely/maliciously to injure the reputation of

another landscape architect


-Securing work on a basis other than competency
and experience
-Soliciting work of another landscape architect
-Inter-professional collaboration detrimental to the
reputation of the landscape architect.

Important to landscape architecture:


-Contract law: rights and obligations individuals
have to each other as a result of an agreement or
contract.
-Tort Law: deals with any actions that is inherently
wrong.

What is law?
-Norm or social standard reinforced with an
imperative that requires people to conduct
themselves in accordance with its provisions (Yates
et. al, 1993).

What is the purpose of legislation?


-clarification of existing laws
-addressing a perceived mischief or evil
-promoting healthy economic and business
conditions
-promoting safety, health and welfare of the public.

What are the types of law most commonly used in


the developed world?
Common and civil law.
What is common law?
-Based upon a collection of decisions over time that
was reached in important recorded cases. Judges
use this case law as a precedent in determining
decisions in subsequent cases.
-In addition to this judge-made law, legislative and
judicial branches have the ability to make laws.
What is civil law?
-Developed in continental Europe, and derived from
Roman codes.
-Greater emphasis on codification of law as statutes.
What is public law?
-Deals with the relationship between individuals and
institutions and the government (Ex. criminal and
constitutional law).
What is private law?
Deals with the relationships between individuals.

What are the types of legislation that landscape


architects need to be most familiar with?
Environmental protection, public safety, building
codes, lien acts, land use control, and design
guidelines (Sharky, 1994).
What jurisdictions over local works are most
important to landscape architects?
-Builders or construction lien acts;
-business organization (partnership/company) acts;
-employment acts;
-lands title acts;
-municipal acts;
-planning acts;
-property acts; and
-professional practice and organization acts.
What is a lien?
A lien is a charge against the title of land that has
the effect of blocking a change of ownership so
long as the charge exists. In instances where the
sale of property is critical, the lien has increased
importance.

The Practice of Landscape Architecture in Canada

24

What is a builders lien?


A charge created by a legislation stipulating that it is
not fair for someone to work on or provide materials
to a site and then not be paid if the owner turns
around and sells the property.
What can be done to protect owners from
suspicious liens?
The owner can retain holdback funds otherwise
payable to a contractor as contingency, so that
any disputed claims by the contractor or any
subcontractor or material supplier may be exercised
against the holdback amount so that the owner can
sell the property.
What services can a design professional lien?
Only services performed at the site, such as
preliminary inventory/analysis or field services.
What is the purpose of a by-law/regulation?
-To give practical effect to policies outlined in
statutes.
-Facilitate the administration of desirable municipal
policies and are enforceable according to the
authority of the municipality.
-Common examples are zoning and land-use
controls, building codes, or design guidelines.
What is a contract?
-A legally enforceable promise.
-The duties and rights of each party are decided by
consensus.
-A judge must be able to interpret the promise.
What must a contract include?
1)Evidence of consensus;
2)Evidence of mutual commitment/benefit, known
25

Appendix A

as consideration; and
3)Sufficient certainty about what is important to
allow interpretation by an impartial third party.
What is consensus?
Simple, clear and written statement signed by
both parties ad confirming that the parties are in
agreement.
Other options include:
-Formal acceptance of offer: one party offers and
one accepts
-Showing reasonable reliance when party A starts
work based on party Bs instructions. If agreement
is unclear, a judge will assume either consensus
existed, or no contract existed at all.
What is consideration?
When each party gives something of value to another
to demonstrate seriousness of intent.
What is certainty?
-A detailed description of who does what, when, and
for how much, to be sufficiently certain that future
misunderstandings can be resolved by both parties
looking at the contract.
-For reasonable certainty, a contract should
include scope of work, and as many contingencies
as possible, such as changes to scope of work,
payment terms and penalties, terminating the
contract, terminating one party in favour of a new
party, conduct in disputes and lawsuits related to
the contract, and a set of rules for administering the
contract.
Is an oral agreement enforceable?
Yes- however, if a dispute arises the parties can
only present their understanding according to their

and sometimes selective memories. The judge/


arbitrator must provide decision based on possible
misunderstandings and disputed interpretations
of their rights and duties. This is why a written
agreement is recommended.
What is a standard form contract?
-A negotiated contract.
-Used either where one party may have a significant
advantage, or where time and common usage
constraints render negotiations impractical.
-Include insurance policies, rental agreements,
mortgages and business loans.
What is tort law?
-Any private or civil wrong causing injury to a person
or property.
-Private law
-Intentional and unintentional torts
What is the area of tort law most often
encountered by landscape architects?
Negligence, protection of public welfare and safety,
and issues of liability (Sharky, 1994).
What is negligence?
An unintentional breach of a legal duty owed to
another that results in legally recognized injury to
the other person or property (Metzger et. al, 1988). A
breach of duty by a landscape architect may involve
careless performance of work or the exercise of poor
judgement within the context of practice. The action
may be a result of a mistake, misinterpretation
of regulations, or a failure to consider critical site
information.
What are examples of negligence torts?
1) Professional malpractice: mistake on a drawing
resulting in injury, such as a poorly designed

retaining wall that collapses


2) Negligent retention: landscape architect in charge
of office may be aware of employees dangerous
practices but does nothing about it, resulting in
harm to a third party.
3) Negligent failure to warn: landscape architect
aware of dangerous feature of their design but fails
to warn the client or other users.
4) Accidents as a result of improper maintenance on
the business premises.
What happens in the event of a third party injury
due to a landscape architects design?
If the landscape architect is proven to be negligent,
and injury occurs, then there is a case of liability and
the landscape architect is responsible for paying
damages to the injured person.
What is business law?
The area of law pertaining to business and
commercial relationships. A landscape architect
must be aware of laws that govern the operation of a
business and the employment of staff.
What is vicarious liability?
Allows an individual injured by an employee to sue
the employer for damages.
What areas labour legislation are of interest to
landscape architects?
-Anti-discrimination;
-minimum requirements for notice of termination,
hours of work, or payment of overtime;
-minimum wage;
-unemployment insurance; and
-workers compensation
What are the three forms of property?
The Practice of Landscape Architecture in Canada

26

1)Personal property;
2)Real property/Real estate; and
3)Intellectual property (Yates et. al, 1993).
What types of property are most important to
landscape architects?
-Real property, as landscape architecture deals with
land and landscape architects must work within the
context of the legal rights associated with the sites
involved on a project.
-Intellectual property, as landscape architecture is a
creative profession.
What is real property?
Consists of the land and the buildings attached to
the land.
What are the two categories of interest a person
can have on the land?
1) Fee Simple Estate: A holder of fee simple estate
has the right to use property and the right to
dispose of or sell it. The owner is free to use the
land, adhering to zoning or other governmental
ordinances.
2) Leasehold Estate: A more restricted form of
ownership and the rights to property are subject to
a specified time period. Long-term leaseholds (up
to 99 years) allow a developer to make substantial
improvements on the land. Short term leaseholds
might involve the rental of an apartment by the
month.
Which restrictions must a landscape architect be
aware of?
-community official plans (zoning, subdivision
regulation, design guidelines, site plan control);
-contaminated site regulations;
-environmental regulations;
27

Appendix A

-easements and restrictive covenants;


-heritage conservation regulations;
-mineral acts;
-provincial planning acts;
-residential tenancy acts and;
-water resources and hazards regulations.
What are creative work and business interests
protected by?
1) Copyright, patents, trademarks: protect landscape
architects who record their ideas in the form of
writing, drawings, computer programmes, or design
prototypes.
2) Confidentiality: important business information
disclosed to an employee by a competitor could
result in damages to the employer and subject to
legal action to gain restitution.
What are administrative tribunals?
-Alternative systems to administer laws in the face of
overburdened court system.
-boards, panels, commissions
What administrative tribunals are of interest to
landscape architects?
-annexation boards;
-design panels;
-development appeal boards;
-environmental appeal boards;
-environmental assessment panels;
-examination boards;
-expropriation boards;
-labour relations boards;
-planning commissions;
-professional discipline boards, and;
-workers compensation boards.
What does it mean to be liable?

1) Legally bound, subject to;


2) under obligation to;
3) exposed or open to; or
4) answerable for.
What is general business liability?
Liability pertaining to operation of a business,
associated with operating of vehicles, actions of
employees, the ownership and maintenance of
property, and the execution of contracts. Protection
for this liability is most often offered by insurance
companies to limit your exposure to financial claims
that could jeopardize the firm.
Why might a professional firm choose to form a
limited liability company?
They serve to limit liability to the company and
protect the individual owners from direct exposure
to the costs associated with liability litigation.
What type of practice is most exposed to general
business liability?
Design/build firms, as their scope of work is larger
and bears more responsibility than a design firm.
What is professional liability?
Professionals are liable for the work they perform.
Liability is a form of obligation that can result in
legal consequences. Landscape architects design
and plan environments used by the public. With this
service comes a responsibility to meet the clients
expectations and not harm the public.
What is duty of care?
The responsibility and expectation of all people
to exercise an acceptable standard of care in the
conduct of their normal activities that involve others.
In the case of a landscape architect, their duty is

much higher than that of the general public.


What is Professional Standard of Care The
exceptionally high duty of care required by a
professional. (Farineli et al, 1989).Failure to meet
these standards results in legal action.
What is professional negligence?
A landscape architect is negligent when he or
she fails to exercise the degree of care that could
reasonably be expected of other landscape
architects under similar circumstances. The most
common claims made are a) falls on even ground,
b) defective design, and c) accidents on play
equipment (McLennan, 1998).
What four elements of negligence must be proven
before an aggrieved party may be compensated?
The court must prove that the landscape architect:
1) was the person legally recognized as having duty
for the particular matter of concern;
2) was provided an inferior service;
3) was the cause of the problem;
4) performed in a manner resulting in measurable
injury or damage.
How may a grievance resulting from professional
negligence be resolved?
Arbitration: the establishment of an impartial
individual or panel of experts to determine the
grounds for settlement of disputes.
How is the arbitration process carried out?
-Incorporated into the main contract and comes
into effect if informal negotiations (mediation) fail in
resolving the dispute.
-A hearing is held that allows each party to present
their position in regard to the issue.
The Practice of Landscape Architecture in Canada

28

-The arbitrator then determines a resolution of the


dispute.
-More often used in simple disagreements, as
opposed to liability involving negligence.

insurance?
Intentional torts, claims arising out of insolvency,
failure to complete drawings on time, expressed
warranties or guarantees, cost estimates being
exceeded, performance of services not customary or
within the abilities of a landscape architect.

What is professional liability insurance


alternatively known as?
Errors and omissions insurance

What are the limits to professional liability


coverage?
1) Per loss limit: value of an individual claim that the
insurer will cover.
2) Aggregate loss limit: value of claims during a
policy period that will be covered.

What is the definition of professional liability


insurance?
It is designed to cover a landscape architect from
damages he or she may be required to pay as
a result of professional negligence (errors and
omissions).
What are the benefits of professional liability
insurance coverage?
-Asset protection
-Insurer defends the professional with appropriate
counsel that has the expertise to investigate the
claim, negotiate a settlement, or carry the case to
conclusion in the courts.
-protection when lawsuits are a result of another
persons actions
-defense against frivolous claims
-enhancement of professional image
-improved business opportunities by ensuring
eligibility for work requiring evidence of insurance.
What does professional liability insurance cover?
1) Third party claims for bodily injury, property
damage, personal injury and resultant loss
2) Legal defense costs.
What is excluded from professional liability
29

Appendix A

How soon must an insurer be informed of a


claim/civil action?
Immediately. The insured must comply with policy
terms and allow time for properly prepared defense.
What is the statute of limitations?
Specified time in which the injured party must make
legal claim against another party. If the time has
expired, the claim will not be valid.
What is the role of a defense counsel?
Once a claim is filed, a counsel or lawyer must be
engaged to investigate the case and prepare a
defense. It is advised that the counsel is experienced
in the field.
What is the best defense against tort liability?
Tort liability is difficult to protect against. The best
defense is good design and contract management.
How can contract liability be managed?
Through good administration of agreements.
Landscape architects must also not assume more
liability under a contract than would normally be
expected of a professional. To do so could void their

liability insurance.
What role to business records serve?
-Business records (telephone logs, memorandums,
email communications, fax records, minutes of
meetings including decisions made by the client,
field reports) are an essential line of defense in
documenting the firms standard of care.
-These records are invaluable if/when you are
called to testify in your own defense in a case of
professional liability.
What quality control measures must landscape
architects follow?
1) Do not undertake work that is beyond your
professional capability;
2) Ensure that your subconsultants and contractors
act according to the contract and/or specifications in
a timely and consistent manner;
3) Do not do things that you are not contractually
obligated to do;
4) Do not use oral contracts;
5) Do not release contract documents prior to careful
review (Karner et al, 1990).
What are the various components of design
management?
1) Office management;
2) financial management;
3) client relations;
4) marketing;
5) project management;
6) contract administration.
What are the four disciplines of professional
practice in a design office?
1) project design;

2) production of contract documents;


3) project management;
4) office administration, including management of
human resources, finances, marketing and client
relations.
What are the three forms of business
structures?
1) Sole proprietorship- landscape architect is sole
owner and makes all business decisions; is entitled
to all profits; responsible for all work produced in the
office;
2) Partnership- two or more proprietors pool their
talents and carry out business; responsibilities,
assets and entitlements shared among the partners;
3) Corporation- most common and important
(Yates, 1993); separate entity is created formed by
shareholder(s); shareholders may elect directors
of the company; have authority to make all
decisions; dividends mat be declared from profits
for distribution to shareholders; corporation may
borrow to hire, operate, and hold assets.
How are practice styles oriented?
By 1) efficiency, 2) service, and 3) innovation
(Kanderlan, 1991).
What is the Type A organizational category?
A business with a rational, hard and autocratic style.
Formally structured. Landscape architect calls all the
shots.
What is the Type B organizational category?
Intuitive, informal, soft, facilitative. Relies on shared
values, teamwork and open lines of communication.
What does business planning include?
Establishment of 1) a vision, 2) a strategic plan, and
The Practice of Landscape Architecture in Canada

30

3) a business plan for the organization.


What is the purpose of developing a business
plan for landscape architectural practice?
The plan will provide a basis for making decisions,
a framework documenting shared values and
approaches to business, the establishment of the
focus of the practice, the development of basic tools
for the management and marketing of services for
the firm, a method for evaluation of success and a
continuing planning process.
What are the four steps of strategic planning?
1) Visioning
2) strategic assessment
3) business plan development
4) evaluation
What is a business plan? -Establishes overall
direction for a firm for one a 1 to 3 year period.
-May be developed to guide start-up of new business
or continually revised for application to existing firm.
The key elements of a business plan are...
...1)Vision statement defining services to be offered;
2) strategies for targeting markets, positioning the
firm in the marketplace, external communications,
client services, fees and sales;
3) office structure outlining how the firm will be
organized in the employees hired, management
staff, reporting structure and plans for growth;
4) marketing plan outlining market area,
promotional media, market niches/target;
5) financial plan providing bottom line projections
for the first business year and the period succeeding
it.
When should an evaluation of a business plan be
done?
31

Appendix A

At the end of the plan period, to determine whether


projections have been met. Results will govern
planning the next period in the plan.
What are the three management systems of
landscape architecture firms?
1) Financial management (billing, budgets,
annual statements, tax returns, etc. Team effort or
accountant);
2) human resources management; and
3) records management
What are the components of an office
manual?
1) Mission statement
2) Office organization
3) Office and human resources policies
4) Standards of performance
5) Hours of operation
6) Rates for reimbursements
What are the 9 Ps of Marketing a consulting
service?
1) Packaging: establishing image of firm (graphics,
text, decor)
2) Promotion: programs that target potential clients/
generate awareness
3) Place: location that best serves client base
4) Price: fee structure related to competition
5) People: Clients and staff quality
6) Professionalism: ethical practice
7) Positioning: market niche and target market
perception
8) Product: services offered to the client. Quality and
track record serve company reputation.
9) Planning: conscious decision making.
(Greenbaum, 1990)

What are the requirements for successful


marketing?
1) Finding suitable prospective clients
2) Understanding needs and certainties of those
prospects and creating a commission strategy
3) Having the capacity to service client needs
4) Convincing the client you understand and can
solve their problem
5) Doing the job to the clients satisfaction.
What are the components of a marking plan?
1) Objective (goals)
2) Organization (responsibilities)
3) Market Budgeting
4) Strategy (network to obtain information on
potential projects, establish leads, joint ventures,
etc.)
What does an RFP contain?
The RFP describes the project and required program
elements, the schedule for the work, type of
expertise required, consultant selection process, and
possible special requirements.
A prospective client issues an RFP and you, the
landscape architect wish to prepare a proposal.
In developing a proposal, what must a landscape
architect have a clear assessment of?
1) clients needs and expectations;
2) range of landscape development costs of project;
3) site opportunities and constraints;
4) clients development program;
5) amount of processing or approvals by agency
involved;
6) internal office capabilities to carry out the project;
7) clear understanding of the scope of professional
services required;
8) type and amount of fee charged for professional

services.
What is the standard proposal format?
-letter of transmittal;
-introduction;
-project objectives;
-scope of services;
-method/approach;
-scheduling;
-personnel;
-firm qualifications;
-estimate of fees and expenses.
What are the five steps leading to the formal
contract?
1) RFP;
2) proposal development;
3) offer;
4) acceptance by the client;
5) agreement/contract for professional services.
What does a company require financially to stay
afloat?
Staying in business requires enough revenue to
cover the cost of operating and maintaining at least
a break-even financial condition in which expenses
do not exceed income over a given period (Rogers,
1997).
What forms do finances take?
Cash as equity, or debt financing. Most offices use a
combination of the two.
What options are available for equity financing?
1) Sweat equity: where firm principals/major
shareholders forgo their salaries to build financial
resources.
The Practice of Landscape Architecture in Canada

32

2) Personal savings
3) Donations from family and friends
4) Partners may spread financial load
5) Venture capital investors
6) Landscape architects current employer may be
interested in a branch office.
(Rogers, 1997)

architectural office are fees for consulting services


that include overhead costs and recoverable project
expenses.

What other options are available for debt


financing? (Borrowing)
1) Short term (used for operating capital) and long
term (3-5 years, regular payments until loan is
repaid) commercial loans
2) Mortgages
3) Personal loans from individuals or financial
institutions
4) Non-commercial loans from family and friends
5) Line of credit
6) Leasing required assets (vehicles, office
equipment)
7) Government-backed loans for small business
start-ups

What is accounts receivable?


A report that shows all outstanding invoices that
have been sent to clients.

What are examples of start-up costs?


-office space
-office equipment
-office supplies
-operating expenses
-utility costs
-taxes and licenses
-vehicle/transportation costs
-insurance
-salaries/benefits
-sub-consultants, legal + accounting.

What are new contracts projections?


An estimate of future work and the potential future
revenue to be generated.

What are revenues for a landscape architectural


office?
The primary sources of income for a landscape
33

Appendix A

What is cash flow?


The expenses that a firm will pay and the revenues
that will be received within a given period.

What is an aged accounts receivable?


Indicates how overdue specific accounts may be.
What are accounts payable?
Bills that the firm currently owes.
What are project status reports?
Staff time sheets/other data that can provide
the status of each office project and a forecast of
profitability.

What is an income statement?


Also called the profit and loss statement, it
summarizes revenues and expenses over a given
period of time. Prepared quarterly and at year-end.
Reflects gross and net income of the firm and is used
in calculating income taxes
.
What are the categories of expenses?
1) Overhead expenses:all fixed costs associated with
establishing and running the business- rent, utilities,
etc.

2) Payroll expenses: expenses associated with


personnel, including salaries and benefits.
3) Direct expenses: related specifically to the project
work of the firm (transportation, long distance phone
calls, couriers).

-to ensure the project is successfully completed;


-to assist the office in producing the best possible
design work;
-to help keep the office out of trouble;
-to make a profit on every job.

What is a balance sheet?


A statement of assets, liabilities, and owners equity
at a specific point in time, such as the end of the
fiscal year. Data is presented as long term and short
term assets and liabilities.

May also be a designer, or in small offices, the


principal of the firm.
What are the specific duties of a project
manager?
Contracts:
-prepares service contract between owner and
landscape architect;
-assists with construction contract;
-prepares subconsultant contracts

Owners equity plus liabilities is equal to assets.


What two assessments are used by financial
institutions to determine whether to make or
extend credit to landscape architecture firms?
1) Current ratio: based on data from the balance
sheet, consisting of ratio between current assets and
liabilities. 2:1 is considered normal. 1:1 is considered
marginal. The ratio is used in assessing whether to
extend or expand a business line of credit.
2) Aging of Accounts Receivable: A profile that shows
the age of all outstanding invoices displaying firms
ability to meet current/projected monthly expenses.
What are the objectives of project
management?
1) Identifying the clients needs;
2) achieving the design objectives;
3) completing the project on budget;
4) completing the project on time;
5) maintaining the project within the agreed upon
scope;
6) using resources efficiently and effectively.
What are the responsibilities of a project
manager?

Planning:
-prepares master scheduling and sets deadlines for
various work;
-prepares budgets
Management:
-schedules regular meetings to coordinate all
aspects of work;
-attends major presentations and monitors progress;
-prepares/reviews meeting minutes and field
reports;
-coordinates billing;
-manages construction contract;
-directs deployment of office resources;
-ensures contract provisions are not deviated from.
What are the phases of a project life cycle?
1) Design:
a)Project Initiation by owner
b)Landscape architect prepares proposal
c)Develop design services contract
d)Design development and approvals
The Practice of Landscape Architecture in Canada

34

e)Complete working drawings, specifications and


tender documents

2) Construction
a) Tendering process
b)Construction contract management (acceptance
of work, change orders, payments, testing)
c)Field services

3) Post-completion
a)Post construction maintenance/warranty period
b)Post completion/office closeout and evaluation
What happens in the project initiation stage?
-Based on needs of agency.
-Private sector may require preliminary research
such as feasibility studies.
-Public sector may require public input/approval
-Finding a consultant through an RFP or a referral.
-Project scope and budget determined.
What happens in the project proposal stage?
-landscape architect prepares response to RFP,
outlining design approach, personnel, management
model, schedules, fees, etc.
What happens in the design development phase?
-Landscape architect examines qualities of the site
and other relevant data, analyzes the information
and client programme;
-corresponds with client and public before approval
on a preferred concept for final design;
-approval from municipality/governmental agency.
What happens in the contract documentation
stage?
35

Appendix A

Completion of construction documents including


working drawings and specifications. A tender
package is prepared including all necessary contract
documents for tendering and construction.
What happens during the tender process?
-Invitation for contractors to bid;
-review of tenders;
-making recommendation to the client on awarding
the contract;
-successful bidder signs contract with the owner,
committing to perform work as per contract
documents.
What happens during the construction
administration and field services stages? -Issue
notice to the contractor to proceed with work within
specified time;
-review and approve equipment, materials, shop
drawings submitted;
-conduct periodic site observations;
-determine acceptance of work based on design
intent and contract documents;
-review and approve progress payments to the
contractor;
-conduct project closeout with a series of final
inspections; and
-issue notice of final acceptance and payment to the
contractor.
What happens during the post-construction
phase?
-Immediately follows construction completion;
-warranty of the materials and workmanship for a
period specified by the contract;
-maintenance period: time that the contractor is
responsible for the upkeep of the site;
-landscape architect may provide observation.
What is a work plan?

-Developed after the services contract has been


signed and the scope of services agreed to by client;
-provides a tool for planning what must be done
to complete the project, including estimates of
resource requirements, task duration, and costs.
What are the six levels of a work plan?
1) total programme;
2) project;
3) task;
4) sub-task;
5) work package; and
6) level-of-effort
-The total programme summarizes magnitude of
project; total project may be housing development
but the landscape plan is the project;
-tasks are major work components
-sub-tasks and work pages are further refined and
broken down task sets if required;
-level of effort provides estimates of time and costs.
What is the purpose of scheduling?
To establish time limits for various tasks that
are consistent with available budgets, to set
out the sequence of work, and to identify the
interrelationships among the tasks.
What are the types of schedules?
1) Lists;
2) bar charts;
3) networks.
What is a list schedule?
A simple list or chart that sets out each task and subtask and the established due dates. Useful for small
projects.

What is a bar chart schedule?


-Also the Gantt chart- one of the earliest known
method of scheduling.
-graphic and easy to develop;
-list of tasks and lines/bars that indicate period in
which task is to be completed;
-often used in proposals and project management;
-may be wall-sized for reference.
What is a network schedule?
-Develops the key relationships among tasks and
provides an accurate forecast for the timing of
completion of project when changes and delays
occur;
-two types: PERT (performance, evaluation, review
technique), and CPM (Critical Path Method).
What is the Critical Path Method (CPM)?
-Critical: a word applied to any task that must be
completed by a specific time, where failure to meet
the milestone date will result in the completion date
slipping forward. The critical path is the longest time
path through a project network and indicates the
earliest date on which the work can be completed.
-Events: beginning and ending points of tasks,
denoted by a circle.
- Milestone: event or date of significance within
project. May be end of major task or series of tasks.
-Task/Activity: work to be scheduled that consumes
time and other resources.
What are the two types of networking
methods?
1) task-on-arrow;
2) task-on-node.
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What is the task-on-arrow method?


-Event oriented;
-arrows indicate workflow and relationships among
tasks and circles to indicate event numbers.
What is the task-on-node method?
-Task oriented;
-indicates the task in boxes, and the arrow indicate
flow and relationships;
-the events are implied.
What are the steps for developing a project CPM?
1) Identify all tasks chronologically and required
time;
2) Identify relationships among various tasks;
3) Identify critical tasks that have a direct effect on
the date of completion;
4) Combine task scheduling and relationships as
developed in step 1 and 2 in a graphic network.
What are the three types of relationships among
project tasks?
1) Task 1 must be completed before task 2 can begin;
2) Task 1 must be partially completed before task 2
can begin;
3) Task 1 must be completed before task to can be
completed.
What is project control?
-Involves comparing progress against a proposed
work plan and established scheduling;
-monitoring and taking corrective action when
deviations occur.
What are the four elements necessary for an
effective project control program?
1) Performance plan: Work quantified as task
description, duration and quality;
2) Monitoring actual performance: Performance
37

Appendix A

measured at established intervals (daily, weekly,


etc.) according to project requirements. Performance
is measured by reviewing time expended, costs
incurred, and quality of work.
3) Comparing actual and planned performance
4) Adjusting as required
(Lewis, 1993)
What are the four dimensions of measuring
project progress applied in a design firm?
1) Time;
2) schedule;
3) costs;
4) quality.
What are the major factors of a project to be
observed/monitored?
-time budgets;
-cost budgets;
-conformance to schedule;
-critical task delays;
-forecasting;
-task completeness;
-task output quality.
What is the purpose of a project monitoring
spreadsheet?
To identify variances from the work plan. The
reporting method can vary depending on project
complexity.
What must be done when the project is off
schedule?
The project manager must determine what has
contributed to the problem.
What must be done when delays in the project
are beyond the control of the landscape

architect, such as when a client is slow in


decision-making?
Advise the client of risk of delays.
What must be done when a staff member
is assigned to a task in which they are
inexperienced?
Authorize overtime.
What must be done when a delay is not
attributable to any single problem?
Call a staff meeting of key personnel to reach a
consensus on strategy moving forward.
What must be done when the client increases the
project scope, putting the project over budget,
without changing the service contract?
Suggest that the contract be negotiated with the
client to cover the expansion, or curtail staff efforts
outside agreed upon scope of services.
What must be done when negotiated fees are
too low to provide adequate time to produce the
work?
Advise staff on ways to increase efficiency, or
perhaps renegotiate the contract. If this is a project
of importance, it may be advisable to continue with
project and absorb potential losses.
What must be done when a large office
workload causes problematic changes in project
personnel?
Hold a meeting to negotiate changes in staff
assignments and adjustments to the work plan for
the future phases of the project.
What must be done when a preliminary design
is rejected by the client, or the project manager

decides that the design is not ready to show the


client?
The landscape architect must strive to maintain their
reputation of providing satisfactory work. The best
solution is preventative medicine- regular reviews,
thorough communication, well educated and well
supervised staff are necessary for quality.
What is a contract?
1) A written or spoken agreement, enforceable by
law;
2) a document regarding the agreement; or
3) an arrangement for work to be done under
contract.
What are the five elements of a contract making
it enforceable by law?
-Agreement;
-competent parties;
-consideration;
-lawful purpose;
-form (written or oral).
What is a breach of contract?
A contract is breached if one of the parties fails to
perform according to the terms of the contract.
What are standard forms?
Standard contract forms that professional and
construction associations develop to assist their
members. These documents are copyrighted
and may not be photocopied, but are available
at a nominal cost. Common sources for standard
forms are the Canadian Construction Documents
Committee (CCDC), the Construction Specifications
Institute (CSI), Engineers Canada (EC).
What are standard rules of interpretation?
-Determine how a judge or arbitrator must interpret
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intent related to the express terms of a contract in


times of a dispute.
-The priority level of interpretation is 1) the
agreement, 2) addenda or changes to the contract,
3) special conditions within the contract, 4)
supplementary conditions, 5) general conditions, 6)
the drawings and specifications.
What is an unenforceable contract?
An element or execution of a contract that is
illegal or impossible and may cause the contract
to be unenforceable, for example, scheduling for
completion of the work before the contract has ben
executed.
What makes a contract void?
When one or more elements required to bind a
contract is missing.
What are the two types of contracts used in the
landscape architecture industry?
1) Service contracts;
2) construction contracts.
What are the four types of service contracts?
1) Oral agreements: simple to create, but difficult to
enforce in the face of disputes. They are best used in
projects with small budgets.
2) Letter agreements: informal agreements in
letter format. Sets forth major terms in a friendly
way, mostly between landscape architects and
homeowners, or when the landscape architect is
serving as a consultant to other professionals. Good
for small projects. One-sided.
3) Standard contracts: provided by clients/
professional bodies/the landscape architecture
firm outlining project-specific conditions. They are
comprehensive, with interest to both parties.
39

Appendix A

4) Custom agreements: developed specifically for a


given project that varies from standard format. Welltailored, but time consuming to create.
What do standard form contracts include?
-The agreement;
-project description and scope of work;
-scope of the landscape architects services;
-the landscape architects responsibilities;
-the owners responsibilities;
-basis for compensation;
-use of drawings, specifications and other
documents;
-arbitration;
-termination, suspension or abandonment of work;
-terms and conditions;
-signature line;
-client developed contracts;
-landscape architect developed contracts.
What are the three methods of establishing
project fees?
1) Percentage of Cost of Construction Expenses:
-fee is calculated as a percentage of the total cost of
building the project;
-done on a sliding scale with larger budget projects
charged at a lower percentage.
2) Fixed Fee or Hourly to a Fixed Fee:
-if scope of services is clearly known, the landscape
architect may work on a fixed amount that is
carefully estimated based on projected hourly rates;
-disbursements or expenses charged in addition to
the fee on an at-cost basis or at-cost plus percentage
basis for administration.
What are important considerations in developing
contracts with subconsultants?
-the subconsultant should be bound to the same

terms as the prime consultant;


-they must provide proof of insurance including
professional liability insurance;
-statement of conditions of timing of payments to
the subconsultant following payment to the prime
consultant;
-statement of conditions related to prohibiting
changes by others to documents prepared by
subconsultant;
-inclusion of mutual indemnification provision
except for damages resulting from their own
negligence.
What elements are included in an employer/
employee contract?
1) Salary/hourly wage;
2) term of employment;
3) the fact that employers may terminate the
employees employment with or without cause;
4) a statement that the employee is familiar with firm
policies;
5) a signature line for the employee and a principal
or partner in the employer firm.
What is the order of contract award from the RFP
stage?
1) RFP

2) Proposal

3) Offer

4) Acceptance

5) Contract

*A potential negotiation period to reach consensus


on all terms and conditions of the work*

Who is the construction contract between?


The owner/client and a contractor.
What are the three forms of construction
contracting?
-By construction management (manager hired by
owner to serve as general contractor)
-by design/build (both design and construction
services); or
-by force account (owner acts as general contractor
and hires construction workers directly- best for
small jobs).
What are the primary elements in a construction
contract?
-The agreement;
-the general conditions;
-drawings;
-specifications;
-addenda;
-contract modification.
From where does the contractor base their tender
for the project?
The drawings and specifications, as they work
together to communicate the design intent.
If there is conflict between the drawings and
specifications...
...The specifications take precedent over the
drawings.
What are typical working drawings?
1) Grading plan: establishes grades for all buildings,
roads, retaining walls, outside steps, ramps and
surface and subsurface drainage structures.
2) Layout plan: locates accurately and dimensions
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all buildings, walks, roads, parking areas, planting


areas, and all other landscape site elements.
3) Planting plan: locates/identifies plants to be used
and existing plants to be preserved or removed.
4) Construction details: plans, sections and
elevations of individual site elements.
What are descriptive specifications?
-Describe in a logical and thorough manner the
materials needed and methods for their installation;
-outlines standards for workmanship used for
installing each specified item.
(Sharky, 1994)
What are performance specifications?
-Used in situations where the design intent is
to replicate existing conditions (remodeling,
restoration, phased construction of pre-existing
building conditions);
-focuses on describing end result and method of
verifying standards for accepting these results;
-contractor may select materials.
(Sharky, 1994)
What are proprietary specifications?
-Prepared by manufacturer of the materials,
supplies, and equipment to be used on a project;
-either incorporated in total into the project
specifications or rewritten and adapted to a format
parallel to project specifications;
-may be incorporated by reference- requires that
copies of the manufacturers specifications are
readily available to ensure that competitive bidding
is achieved.
(Sharky, 1994)
What are reference specifications?
-Standard specifications prepared by many
governmental/non-governmental agencies
41

Appendix A

nationally certified testing labs, and professional


institutions;
-contain descriptions of standardized materials,
execution techniques and testing procedures.
(Sharky, 1994)
What is tendering?
-The process of obtaining bids from contractors;
-to make an offer of services;
-a written offer to execute work or supply goods at a
specific price;
-tender documents are in addition to contract
documents and are developed to manage the
bidding process.
What is the order of the tender process?
-Working drawings and specifications are sent out
to tender through a public tender call, or invited
tenders, for a period of time specified by the client;
-upon receipt of tenders the landscape architect
assist client by reviewing and analyzing the tenders;
-landscape architect makes recommendation on
the selection of successful tender, and assists in
preparation for final documents for the award of
contract.
What is NMS?
-National Master Specification: a tool used to
simplify specification writing;
-jointly produced by public and private sectors and
applies to architectural, engineering and landscape
architectural construction;
-provides accumulated expertise on specifications,
contract documents and construction technology;
-clear, precise and detailed language;
-protect landscape architect in defending the
specification in the event of a problem;
-32 divisions total;

-NMS Pro Package holds divisions directly


pertaining to landscape architectural construction.
NMS Division 00 Procurement and Contracting
Requirements
NMS Division 01 General Requirements
NMS Division 2 Existing Conditions
NMS Division 3 Concrete
NMS Division 4 Masonry
NMS Division 5 Metals
NMS Division 6 Wood, Plastics and Composites
NMS Division 7 Thermal and Moisture Protection
NMS Division 8 Openings
NMS Division 9 Finishes
NMS Division 10 Specialities
NMS Division 11 Equipment
NMS Division 26 Electrical
NMS Division 31 Earthwork
NMS Division 32 Exterior Improvements
NMS Division 33 Utilities
NMS Division 34 Transportation
NMS Division 35 Waterway and Marine Construction
NMS Performance Section G1010
Site
Clearing
NMS Performance Section G1020
Site
Demolition and Relocation
NMS Performance Section G1030: Site Earthwork
NMS Performance Section G2010: Roadways
NMS Performance Section G2020: Parking Lot
NMS Performance Section G2030: Pedestrian Paving
NMS Performance Section G2040: Site Development
NMS Performance Section G2050: Landscaping
What is contract administration?
-Concerned with obtaining the best product or
performance at the most advantageous price for the
owner;
-involves established set of procedures that
are applied to the administration of project

implementation;
-key participants are the landscape architect, the
owner and the contractor.
What are the roles of the landscape architect in
implementation of construction contract?
-Act only in the clients best interest;
-keep the client informed and seek concurrence of
agreement for all agency decisions;
-act only within the agency powers provided for
under contract terms;
-do not act illegally or immorally;
-do not act to further personal gains;
-avoid actions that might bind the client to
detrimental consequences.
What are the roles of the landscape architect as
the construction administrator (CA)?
1) Observing progress of work and conformance to
schedules;
2) evaluating the adequacy of materials and
workmanship;
3) resolving conflicts involving interpretation of
contract documents;
4) project cost control.
What are the management areas the landscape
architect as CA is responsible for?
-Tendering process;
-project construction administration;
-field administration;
-review of contractor applications;
-project closeout; and
-administration of warranty and maintenance
periods
What are the roles of the owner in
implementation of construction contract?
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-Meet conditions of the contract including making


necessary payments to the contractor, providing
relevant site information, obtaining specified
approvals and making available contract documents
for construction.
What are the roles of the contractor in
implementation of construction contract?
-Meet terms and conditions of the contract;
-supply and installation of work;
-obtain necessary permits;
-pay fees;
-report errors, inconsistencies, or omissions in
contract documents;
-verify field measurements and site conditions;
-conduct project layout;
-provide appropriate observation and supervision;
-employ superintendant;
-submit drawings, samples, etc;
-assume liability for work and injuries.
What are the three phases of contract
administration?
1) Tendering period;
2) construction period;
3) post construction period.
What four factors govern the tender
administration process for the landscape
architect?
1) Confidentiality
-protect information relative to clients interest;
-make public bid information only after award has
been made.
2) Fairness
-treat all bidders equally;
-no favoritism.
3) Timeliness
-follow all established schedules.
43

Appendix A

4) Government procurement regulations


-be aware of and adhere to governmental regulation.
What do tender documents typically include?
-Invitation to bidders;
-instructions to bidders;
-bid forms;
-bid bond form;
-addenda + additional information.
Where are tenders advertised and what is
included?
Tender advertisements are placed in trade
magazines, newspapers as requested by owner, to
alert potential bidders about the project.
Included in the advertisement:
-name/location of project;
-name/address of owner and landscape architect;
-date/time/location that bids are due;
-nature, scope, description of project;
-if the bids will be opened and read publicly;
-where, how and the cost to obtain tender package;
-names and locations of places where the tender
package is available for inspection;
-procedure for submitting bids;
-type/amount of bid security;
-whether or not the owner has the right to wave
formalities in the tendering process;
-basis of bid rejection.
What are key considerations in contractor
qualifications? -Interest in the project;
-current workload;
-bonding capacity;
-availability of material and labour;
-references.
What happens in a public tender opening?
-Tenders are to be delivered at a specified date, time

and location;
-bids are opened in presence of all interested parties;
-following verification of bid requirements, the CA
will announce the results;
-protects lowest bidder;
-provides other bidders information on the
competitiveness of their bids;
-expression of good will;
-CA prepares bid summary for owner.
What happens in a private tender opening?
-Owner may have reserved the right to receive bids
over a period of time, negotiate with a bidder over
price, or reject any and all bids;
-landscape architect must act as fairly as possible;
-important to advise bidders in original tender
package of conditions to be followed at closing of
tender process.
What is the order of evaluation and
recommendation for tender award?
1) ANALYSIS of bonds and bid price

2) RECOMMENDATION to client from landscape


architect

3) AWARD of contract through notice of award and


preparation of finalized contract documents

Required information

Detailed cost breakdown

CONTRACT
What bonds does the contractor submit for
tender?

1) Bid bond (5% of bid);


2) performance bond (full value of contract);
3) labour and materials bond.
4) Other additional proof such as WSIB or Ministry of
Labour registration certificate.
How is the successful bidder notified of contract
award?
-Through a letter of intent stating owners plans to
enter into contract;
-owner will advise that all bids will remain available
for acceptance for a period of time in the event the
successful bidder doesnt sign contract.
What must be done before contract is signed?
-All deposits returned to other bidders;
-contractor must provide evidence of required
insurance, list of subcontractors for approval and
a detailed cost breakdown to facilitate progress
payments during construction period.
What major activities take place during the
construction period?
-Startup meeting;
-scheduling/coordination;
-review of submittals;
-field administration;
-changes to the contract;
-applications for payment;
-completion.
What is the start-up meeting and who attends?
-Prior to commencement of construction, CA will
advise contractor of the agreed-upon start date and
call a meeting to discuss the administration process,
responsibilities of parties and scheduling;
-Attendees: representatives from owners, contractors
and landscape architects firm; subconsultants,
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representatives from the local jurisdiction or from


utility companies.
What are typical contractor submittals?
-Shop drawings;
-product data and samples;
-measurement data;
-manuals/instructions.
What is field observation?
-The CA schedules site visits on a regular basis
to observe construction progress and meet with
contractors representative responsible for managing
the job.
-visits may be made to inspect materials following
delivery, observe systems testing, determine the
level of completion or respond if a problem arises.
What key information do field reports record?
-Project name and number;
-date and time of visit;
-name of contractor and owner;
-record of those present and their responsibility;
-observations made;
-actions recommended;
-distribution of report;
-signature of report author.
What are common site observations made in the
field?
-Site ground conditions;
-work observed including status;
-construction problems;
-specific delays in work and reasons;
-materials delivered to site;
-equipment delivered to site;
-observed deficiencies;
-disagreements among parties concerned;
45

Appendix A

-describe work in progress not approved;


-record communication from owner to contractor
related to site visit.

What visits are considered special visits?


1) Approving staking;
2) approving supplied plant materials;
3) review of limits of work or scope of environmental
protection;
4) approving equipment delivered.
What options are available for action based on
acceptability of work?
1) Accept;
2) reject nonconforming work;
3) stop work.
(Sharky, 1994)
What are grounds to reject work?
-Inferior workmanship;
-materials or equipment not conforming to
specifications;
-improper interpretation of construction documents.
What are common tests used in the contracting
process?
1) Soil tests;
2) pavement testing;
3) testing of fill materials;
4) irrigation system tests for pressure and leaks.
What are the grounds for a stop work order?
-If the issue cannot be corrected by the contractor;
-provides opportunity to evaluate and correct
problem before advancing in construction;
-must be in writing and outlines reasons and steps to

correct problem;
-a resume work order must then be written and
approved.

-after review and acceptance, a change order is


made that documents the change and authorizes
new contract amount.

Why must the CA be able to access all work?


The CA must be able to access work in cases where
they suspect nonconforming work or require
further testing or uncovering of buried elements for
inspection.

What are progress payments based on?


The calculation of:
1) work accepted;
2) percentage completion based on quantities of
materials or work in place;
3) materials delivered to the site;
4) equipment delivered to the site.

When may changes to the contract be


necessitated?
1) When changes are proposed by the contractor
to improve construction methods, respond to site
conditions or to expedite work schedule;
2) owner requests aspects of the project be
modified;
3) contractor requests formal clarification of contract
documents;
4) landscape architects proposed solution to a
problem is observed in the field.
What is in an RFP for a contract change?
When a change is accepted as having merit,
the CA submits an RFP describing the contract
modification in full detail and includes necessary
drawings, specifications, etc. and is then issued to
all concerned parties. A response is due within a
specified time period.
When is a contract proposal required?
-When an increase/decrease in the project cost/
schedule results from a change;
-once received by the CA, the proposal is evaluated
and may either be accepted as submitted or
negotiated;

How much are holdbacks?


5-10% of progress payments.
What are the stages of project completion?
1) Substantial performance:
-97% of work completed;
-date scheduled for inspection;
-list of deficiencies (punch list).

2) Acceptance
-45 days after substantial completion;
-date of second site inspection;
-preliminary acceptance.

3) Final acceptance
-final punch list developed;
-site inspected;
-if project is acceptable, contractor will apply for final
payment;
-if not acceptable, new punch list is created and
process repeats.

4) Final payment
-holdbacks will not be released until contractor
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provides certification that all material, equipment


and labour costs have been paid.
How long does the certifier have to submit a
certificate of substantial completion? If a project
is 97% complete, a certifier has 7 days to submit the
certificate of substantial completion before being
held personally liable.
What must the contractor do upon receipt of the
certificate of substantial completion?
-Submit for publication in an approved trade
newspaper within 7 days of receiving it.
How many days are there to register for
or preserve a lien after publication date of
certificate of substantial completion?
-45 days;
-if there is no publication, the 45-day lien period
would start from the date that the project is deemed
complete or abandoned.
When is a project deemed complete?
When the remainder of the work and/or correction of
known defects can be completed for 1% of the total
contract price or $1000.00.
When can the perfecting of the lien begin?
Perfecting the lien starts the court action. The
perfecting of the lien can be done within the 45 days
immediately following expiry of the first 45-day lien
period.
What is Splitting off Sensitive Work and when
can it be done?
Landscape work can be deferred if other parts of
a project are substantially complete and ready for
their intended use. The time-sensitive work/supplies
47

Appendix A

will be deducted from the total contract price and


the rest of the contract can be certified substantially
completed for that value. The remainder of work will
be completed at a later date.
What are the CAs responsibilities during a
projects maintenance and warranty period?
Observe and inspect site maintenance and product
warranty procedures as outlined in contract, similar
to responsibilities in construction phase.

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