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CONTRACTOR'S LIABILITY INSURANCE: Insurance date as may be established therein. (Ref: AIA DOCU

purchased and maintained by the Contractor to ment A201 and Handbook Chapters B-3, D-3 and protect the Contractor from specified claims which

D-5.) may arise out of or result from the Contractor's

DATE OF SUBSTANTIAL COMPLETION: The Date ceroperations under the Contract, whether such operations are by the Contractor or by any Sub.

tified by the Architect when the Work or a desigcontractor or by anyone directly or indirectly em

nated portion thereof is sufficiently complete, in

accordance with the Contract Documents, so the ployed by any of them, or by anyone for whose acts

Owner can occupy the Work or designated portion any of them may be liable. (Ret: AIA Documents

thereof for the use for which it is intended. (Ref: A201 and G705, and Handbook Chapter B-2.)

AIA Documents A201 and G704, and Handbook CONTRACTOR'S OPTION: Provision of the Contract Chapters B-7 and D-3.)

Documents under which the Contractor may select certain specified materials, methods or systems at

DEDUCTION (from Contract Sum): Amount dethe Contractor's own option, without change in the

ducted from the Contract Sum by Change Order. Contract Sum. (Ref: Handbook Chapters B-6 and DEDUCTIVE ALTERNATE: An Alternate Bid resulting D-4.)

in a deduction from the Base Bid of the same BidCONTRACTUAL LIABILITY: Liability assumed by a

der. See also ALTERNATE BID. person or entity under a contract. "Indemnifica. DEFECTIVE WORK: The Work not conforming with tion" or "hold harmless" clauses are examples of the Contract requirements. See also NONCONcontractual liability. (Ref: AIA Documents A201 and FORMING WORK. G705.)

DEFICIENCIES: See DEFECTIVE WORK COST APPRAISAL: Evaluation or estimate (preferably by a qualified professional appraiser) of the market

DEPOSIT FOR BIDDING DOCUMENTS: Monetary de or other value, cost, utility or other attribute of land

posit required to obtain a set of Bidding Docuor other facility.

ments. (Ref: AIA Documents AS01 and 1701, and

Handbook Chapters B-6 and 14.) COST BREAKDOWN: See SCHEDULE OF VALUES.

DESIGNATED SERVICES (of the Architect); Those ser COST PLUS FEE AGREEMENT: An Agreement under vices necessary to the Project agreed to be per

which the Contractor (in an Owner-Contractor formed directly by the Architect, or through the Agreement) or the Architect (in an Owner-Archi- Architect by utilization of outside services, and by tect Agreement) is reimbursed for the direct and coordination services pertormed by the Architect indirect costs of performance of the Agreement on services provided by the Owner. (Ref: AIA DOC. and, in addition, is paid a fee for services. The fee is uments B161 and B162.) usually stated as a stipulated sum or as a percent

DESIGN-BUILD PROCESS: A process in which a perage of cost. (Ref: AIA Documents A111, 1117, B141

son or entity assumes responsibility under a single and B161.)

contract for both the design and construction of CRITICAL PATH METHOD (CPM): A charting of all the Project. (Ret: Handbook Chapter A-2.) events and operations to be encountered in com

DESIGN DEVELOPMENT DOCUMENTS: Drawings and pleting a given process, rendered in a form permit.

other documents which fix and describe the size ting determination of the relative significance of

and character of the entire Project as to architec each event, and establishing the optimum se

tural, structural, mechanical and electrical sysquence and duration of operations. See also PERT

tems, materials and such other elements as may be SCHEDULE. (Ref: Handbook Chapter 8-7.)

appropriate. (Ref: AIA Documents B141, B162 and CUBAGE: See ARCHITECTURAL VOLUME OF BUILD- B171.) INGS.

DESIGN DEVELOPMENT PHASE: The Phase of the Ar

chitect's Services in which the Architect prepares

from the approved Schematic Design Studies, for D

approval by the owner, the Design Development

Documents, and submits to the Owner a further DATE OF AGREEMENT: The date stated in the Agree

Statement of Probable Construction Cost. (Ref: ment. If no date is stated, it could be the date on

AIA Documents 8141, B162, B171 and D200.) which the Agreement is actually signed, if this is DESIGN PROFESSIONS: See ENVIRONMENTAL DErecorded, or it may be the date established by the SIGN PROFESSIONS. award.

DETAIL: A drawing, at a larger scale, of a part of DATE OF COMMENCEMENT OF THE WORK: The date another drawing, indicating in detail the design,

established in a notice to the Contractor to pro- location, composition and correlation of the eleceed or, in the absence of such notice, the date of ments and materials shown. (Ref: Handbook

the Owner-Contractor Agreement or such other Chapter 8-6.) GLOSSARY OF CONSTRUCTION INDUSTRY TERMS MAY 1982 EDITION · AIA. COPYRIGHT 1970 · 1982 THE AMERICAN INSTITUTE OF ARCHITECTS • 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20005

INSURANCE: See (1) ALL RISK INSURANCE; (2) having direct contracts with the Contractor or any

BOILER AND MACHINERY INSURANCE; (3) Subcontractor. A LABOR AND MATERIAL PAYMENT
BUILDER'S RISK INSURANCE; (4) COMPLETED OP. BOND is sometimes referred to as a PAYMENT
ERATIONS INSURANCE; (5) COMPREHENSIVE AU- BOND. (Ref: AIA Document A311 and Handbook
TOMOBILE LIABILITY INSURANCE; (6) COMPRE. Chapter 8-2.)
HENSIVE GENERAL LIABILITY INSURANCE; (7)

LAND SURVEY: See (1) BOUNDARY SURVEY; (2) SUR-
CONTRACTOR'S LIABILITY INSURANCE; (8) EM-

VEY. PLOYER'S LIABILITY INSURANCE; (9) EXCESS LIA. BILITY INSURANCE; (10) LIABILITY INSURANCE; LATENT DEFECT: A defect in materials, equipment or (11) LOSS OF USE INSURANCE; (12) OWNER'S LIA- completed work which reasonably careful obserBILITY INSURANCE; (13) PROFESSIONAL LIABILITY vation could not have discovered; distinguished INSURANCE; (14) PROPERTY DAMAGE INSUR- from a patent defect, which may be discovered by ANCE; (15) PROPERTY INSURANCE; (16) PUBLIC LI- reasonable observation. See PATENT DEFECT. ABILITY INSURANCE; (17) SPECIAL HAZARDS IN. SURANCE; (18) UMBRELLA LIABILITY INSURANCE; LETTER FORM OF AGREEMENT or LETTER AGREE. (19) WORKERS' COMPENSATION INSURANCE.

MENT: A letter stating the terms of an Agreement

between addressor and addressee, usually preINTERN ARCHITECT: One pursuing a program of pared to be signed by the addressee to indicate

training in practice under the guidance of practic. acceptance of those terms as legally binding. (Ref: ing Architects, with the objective of qualifying for Handbook Chapter D-1.) registration as an Architect. Preferable to ARCHI. TECT-IN-TRAINING. (Ref: Handbook Chapter 14.) LETTER OF INTENT: A letter signifying an intention to

enter into a formal agreement, usually setting forth INVITATION TO BID: A portion of the Bidding Docu- the general terms of such agreemeni. (Ref: Hand

ments soliciting bids for a construction project. book Chapter D-1.)
See also ADVERTISEMENT FOR BIDS and NOTICE
TO BIDDERS. (Ref: AIA Document A501.)

LETTING (BID): See BID OPENING.
INVITED BIDDERS: The bidders selected by the LIABILITY INSURANCE: Insurance which protects the

Owner, after consultation with the Architect, as the insured against liability on account of injury to the only ones from whom bids will be received. (Ret: person or property of another. See also (1) COMAIA Document A501.)

PLETED OPERATIONS INSURANCE; (2) COMPRE

HENSIVE GENERAL LIABILITY INSURANCE; (3) ISOMETRIC DRAWING: A form of three-dimensional

CONTRACTOR'S LIABILITY INSURANCE; (4) EMprojection in which all of the principal planes are PLOYER'S LIABILITY INSURANCE; (5) OWNER'S LIA. drawn parallel to corresponding established axes

BILITY INSURANCE; (6) PROFESSIONAL LIABILITY and at true dimensions. Horizontals are usually

INSURANCE; (7) PROPERTY DAMAGE INSURANCE; drawn at 30 degrees from the normal horizontal

(8) PUBLIC LIABILITY INSURANCE; (9) SPECIAL axes; verticals remain parallel to the normal verti- HAZARDS INSURANCE. cal axis.

LICENSED ARCHITECT: See ARCHITECT.
LICENSED CONTRACTOR: A person or entity certified

by governmental authority, where required by law, JOB CAPTAIN: The individual within the Architect's to engage in construction contracting. office normally responsible for preparation of the

LICENSED ENGINEER: See PROFESSIONAL EN. construction documents.

GINEER. IOB SITE: See SITE.

LIEN: See MECHANIC'S LIEN. JOB SUPERINTENDENT: See SUPERINTENDENT.

LIMIT OF LIABILITY: The maximum amount which an JOINT VENTURE: A collaborative undertaking by two insurance company agrees to pay in case of loss.

or more persons or organizations for a specific Project or Projects, having the legal characteristics LIQUIDATED DAMAGES: A sum established in a Con. of a partnership. (Ref: Handbook Chapter B-3.)

struction Contract, usually as a fixed sum per day, as the measure of damages suffered by the Owner due to failure to complete the Work within a stipu.

lated time. See also (1) BONUS AND PENALTY L

CLAUSE; (2) BONUS CLAUSE; (3) PENALTY CLAUSE.

(Ref: Handbook Chapter D-5.) LABOR AND MATERIAL PAYMENT BOND: A bond of The Contractor in which a surety guarantees to the

LOSS OF USE INSURANCE: Insurance protecting Owner that the Contractor will pay for labor and against financial loss during the time required to materials used in the performance of the Contract. repair or replace property damaged or destroyed

The claimants under the bond are defined as those by an insured peril. (Ref: Handbook Chapter B-2.) CLOSSAR OF CONSTRUCTION INDUSTRY TERMS · MAY 1962 EDITION · AIA. . COPYRIGHT 1970 : 01982 THE AMERICAN INSTITUTE OF ARCHITECTS • 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006

13

PENALTY AND BONUS CLAUSE: See BONUS AND Substantial Completion of the Work; or (2) under PENALTY CLAUSE.

designated services forms of agreement, services

necessary to assist the Owner in the use and occuPENALTY CLAUSE: A provision in a contract for a

pancy of the facility. (Ref. AIA Documents B141, charge against the Contractor for failure to com

B151, B162 and 8171, and Handbook Chapter D-1.) plete the Work by a stipulated date. See also LIQUIDATED DAMAGES.

POWER OF ATTORNEY: An instrument authorizing

another to act as one's agent. See also ATTORNEYPERCENTAGE AGREEMENT: An agreement for profes.

IN-FACT. sional services in which the compensation is based upon a percentage of the Construction Cost. (Ref: PREDESIGN SERVICES: Additional services of the Ar

AIA Documents B141, B161, B171 and 8181.) chitect provided prior to and preceding the cusPERCENTAGE FEE: Compensation based upon a per

tomary Basic Services, including services to assist

the Owner in establishing the program, financial centage of Construction Cost. Applicable to either

and time requirements and limitations for the Proj. construction contracts or professional service

ect. See also PROGRAMMING PHASE. (Ref: AIA agreements. See also FEE and COMPENSATION.

Document B161 and Handbook Chapter D-1.) PERFORMANCE BOND: A bond of the Contractor in

PRELIMINARY DRAWINGS: Drawings prepared durwhich a surety guarantees to the Owner that the

ing the early stages of the design of a Project. See Work will be performed in accordance with the

also (1) SCHEMATIC DESIGN PHASE; (2) DESIGN Contract Documents. Except where prohibited by

DEVELOPMENT PHASE. (Ref: AIA Documents B141, statute, the Performance Bond is frequently com

B151, B162, C141 and C161.) bined with the labor and Material Payment Bond. See also SURETY BOND. (Ref: AIA Document A311 PRELIMINARY ESTIMATE: See STATEMENT OF PROBAand Handbook Chapter B-2.)

BLE CONSTRUCTION COST. PERMIT, BUILDING: See BUILDING PERMIT. PREQUALIFICATION OF BIDDERS: The process of inPERMIT, OCCUPANCY: See CERTIFICATE OF OCCU

vestigating the qualifications of prospective bid

ders on the basis of their experience, wailability PANCY.

and capability for the contemplated Project and PERMIT, ZONING: See ZONING PERMIT.

approving qualified Bidders. (Ref: AIA Documents

A305 and A501, and Handbook Chapter 14.) PERSONAL INJURY (insurance terminology): Bodily

injury, and also injury or damage to the character or PRIME CONTRACT: Contract between Owner and reputation of a person. Personal injury insurance Contractor for construction of the Project or porincludes coverage for injuries or damage to others tion thereot. caused by specified actions of the insured such as

PRIME CONTRACTOR: Any Contractor on a Project false arrest; malicious prosecution; willful deten

having a contract directly with the Owner. tion or imprisonment; libel, slander, defamation of character, wrongful eviction; invasion of privacy; PRIME PROFESSIONAL: Any person or entity having a or wrongful entry. See also BODILY INJURY. (Ref: contract directly with the owner for professional Handbook Chapter B-2.)

services. PERSPECTIVE DRAWING: A graphic representation of PRINCIPAL (in professional practice): Any person

the Project or part thereof as it would appear three- legally responsible for the activities of a protesdimensionally.

sional practice. PERT SCHEDULE: An acronym for Project Evaluation PRINCIPAL-IN-CHARGE: The Architect or Engineer in Review Technique. The Pert Schedule charts the

a professional practice firm charged with the reactivities and events anticipated in a work process. sponsibility for the firm's services in connection See also CRITICAL PATH METHOD (CPM)

with a given Project. PLAN: A two-dimensional graphic representation of PROBABLE CONSTRUCTION COST: See STATEMENT

the design, location and dimensions of the Project, OF PROBABLE CONSTRUCTION COST. or parts thereot, seen in a horizontal plane viewed from above. See also DRAWINGS. (Ref: Handbook PRODUCER: Manufacturer, processor or assembler Chapter 8-6.)

of building materials or equipment. PLAN DEPOSIT: See DEPOSIT FOR BIDDING DOC. PRODUCT DATA: Illustrations, standardeschedules, UMENTS.

performance charts, instructions, brochures, diaPOST-CONSTRUCTION SERVICES: (1) Under tradi

grams and other information furnished by the Con.

tractor to illustrate a material, product or system tional forms of agreement, additional services rendered after issuance of the final Certificate for Pay

for some portion of the Work. ment, or in the absence of a final Certificate for PRODUCTS LIABILITY INSURANCE: Insurance for liPayment, more than sixty days after the Date of ability imposed for damages caused by an occur

GLOSSARY OF CONSTRUCTION INDUSTRY TERMS MAY 1902 EDITION • AIA. COPYRIGHT 1970 - 1982 16

THE AMERICAN INSTITUTE OF ARCHITECTS . 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20000

LOYOLA
NEWORLEANS

SCHOOL OF LAW - FACULTY

April 7, 1988

RE:

The Hon. Robert W. Kastermeier
Subcommittee on Courts, Civil Liberties
and the Administration of Justice
Judiciary Committee
United States House of Representatives
2137 Rayburn House Office Bldg.
Washington, D.C. 20515

Moral Rights Legislation
Dear Congressman Kastermeier,

I write in support of legislation to recognize moral rights explicitly
and bring the United States into full compliance with Article 6 bis of the
Berne Convention.

A decision to join the Convention is critical, if the United States is to assume a leadership position in world copyright matters. Equally important, however, is demonstrating our leadership ability to the international coumnity.

Put simply we will hardly be proving our ability to lead if we lag
behind in following the intent and language of Article 6 bis. It is true
that some other nations have couplied with this provision in an inconsist-
ent and erratic manner. That in no way relieves us of or responsibility.

The United States does not now protect the moral rights of artists and
never has. Our copyright system protects economic rights, and even then
primarily to spur the production of creative works for the public. Nothing
in the Copyright Act ensures that the author will be known as the creator
of his or her work. Nothing prevents alteration of the work once it has
been sold. Both of these rights, however, are explicit in Article 6 bis.

Moreover, section 43(a) of the Lanham Act only requires accurate
labelling. Thus, one who changes an artist's work need only say that the
original work by artist X has been altered (without X's consent) by Y. The
problem is that the resulting work no longer really is that of artist X.
Rather than protect the original artist's authorship, the Lanham Act foists
upon him or her recognition for that which he/she never intended and,
perhaps, even despises.

LOYOLA UNIVERSITY, 7214 ST. CHARLES AVENUE, NEW ORLEANS, LOUISIANA 70118

THE JESUIT UNIVERSITY OF THE SOUTH • AN EQUAL OPPORTUNITY, AFFIRMATIVE ACTION EMPLOYER

As one who has devoted a considerable amount of time to thinking about copyright and moral rights, I urge you to draft language that clearly recognizes the moral rights listed in Article 6 bis. By so doing, you will help secure the United States' role as a nation that both protects the important economic interests that result from creative work and respects the individuals who do the creating.

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