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PENALTY AND BONUS CLAUSE: See BONUS AND PENALTY CLAUSE.

PENALTY CLAUSE: A provision in a contract for a charge against the Contractor for failure to complete the Work by a stipulated date. See also LIQUIDATED DAMAGES.

PERCENTAGE AGREEMENT: An agreement for professional services in which the compensation is based upon a percentage of the Construction Cost. (Ref: AIA Documents B141, B161, B171 and B181.) PERCENTAGE FEE: Compensation based upon a percentage of Construction Cost. Applicable to either construction contracts or professional service agreements. See also FEE and COMPENSATION. PERFORMANCE BOND: A bond of the Contractor in which a surety guarantees to the Owner that the Work will be performed in accordance with the Contract Documents. Except where prohibited by statute, the Performance Bond is frequently combined with the Labor and Material Payment Bond. See also SURETY BOND. (Ref: AIA Document A311 and Handbook Chapter B-2.)

PERMIT, BUILDING: See BUILDING PERMIT.
PERMIT, OCCUPANCY: See CERTIFICATE OF OCCU-
PANCY.

PERMIT, ZONING: See ZONING PERMIT.
PERSONAL INJURY (insurance terminology): Bodily
injury, and also injury or damage to the character or
reputation of a person. Personal injury insurance
includes coverage for injuries or damage to others
caused by specified actions of the insured such as
false arrest; malicious prosecution; willful deten-
tion or imprisonment; libel, slander, defamation of
character, wrongful eviction; invasion of privacy;
or wrongful entry. See also BODILY INJURY. (Ref:
Handbook Chapter B-2.)

PERSPECTIVE DRAWING: A graphic representation of the Project or part thereof as it would appear threedimensionally.

PERT SCHEDULE: An acronym for Project Evaluation Review Technique. The Pert Schedule charts the activities and events anticipated in a work process. See also CRITICAL PATH METHOD (CPM). PLAN: A two-dimensional graphic representation of the design, location and dimensions of the Project, or parts thereof, seen in a horizontal plane viewed from above. See also DRAWINGS. (Ref: Handbook Chapter B-6.)

Substantial Completion of the Work; or (2) under designated services forms of agreement, services necessary to assist the Owner in the use and occupancy of the facility. (Ref. AIA Documents B141, 8151, B162 and 8171, and Handbook Chapter D-1.) POWER OF ATTORNEY: An instrument authorizing another to act as one's agent. See also ATTORNEYIN-FACT.

PREDESIGN SERVICES: Additional services of the Architect provided prior to and preceding the customary Basic Services, including services to assist the Owner in establishing the program, financial and time requirements and limitations for the Project. See also PROGRAMMING PHASE. (Ref: ALA Document B161 and Handbook Chapter D-1.) PRELIMINARY DRAWINGS: Drawings prepared during the early stages of the design of a Project. See also (1) SCHEMATIC DESIGN PHASE; (2) DESIGN DEVELOPMENT PHASE. (Ref: AIA Documents 8141, 8151, B162, C141 and C161.)

PRELIMINARY ESTIMATE: See STATEMENT OF PROBABLE CONSTRUCTION COST.

PREQUALIFICATION OF BIDDERS: The process of investigating the qualifications of prospective bidders on the basis of their experience, availability and capability for the contemplated Project and approving qualified Bidders. (Ref: AIA Documents A305 and A501, and Handbook Chapter D-4.) PRIME CONTRACT: Contract between Owner and Contractor for construction of the Project or por tion thereof.

PRIME CONTRACTOR: Any Contractor on a Project having a contract directly with the Owner. PRIME PROFESSIONAL: Any person or entity having a contract directly with the Owner for professional services.

PRINCIPAL (in professional practice): Any person legally responsible for the activities of a professional practice.

PRINCIPAL-IN-CHARGE: The Architect or Engineer in a professional practice firm charged with the responsibility for the firm's services in connection with a given Project.

PROBABLE CONSTRUCTION COST: See STATEMENT OF PROBABLE CONSTRUCTION COST. PRODUCER: Manufacturer, processor or assembler of building materials or equipment.

PLAN DEPOSIT: See DEPOSIT FOR BIDDING DOC- PRODUCT DATA: Illustrations, standardeschedules, UMENTS.

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POST-CONSTRUCTION SERVICES: (1) Under traditional forms of agreement, additional services rendered after issuance of the final Certificate for Payment, or in the absence of a final Certificate for Payment, more than sixty days after the Date of

performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate a material, product or system for some portion of the Work. PRODUCTS LIABILITY INSURANCE: Insurance for liability imposed for damages caused by an occur

GLOSSARY OF CONSTRUCTION INDUSTRY TERMS MAY 1982 EDITION AIA® COPYRIGHT 1970 - €1982
THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW YORK AVENUE, N.W., WASHINGTON, DC. 20006

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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 commmity.

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 complied with this provision in an inconsistent and erratic manner. That in no way relieves us of our 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.

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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. 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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The members of our organization, both as individuals and collectively, urge you to support H.R. 1623, H.R. 2962, S. 1301 and S.1971 which will place into law adherence to the Berne Convention rules for copyright protection. These Bills would help us to join virtually every other civilized country in the world in recognizing the efforts of our creative people.

Please advise our organization as to your policy and action on these Bills.

Sincerely,

Mort Lindsey

Director of Music Operations

ML: bm

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1541 N Vine St Hollywood, CA 90028 1212 461 47.

RETAINAGE: A sum withheld from progress payments to the Contractor in accordance with the terms of the Owner-Contractor Agreement. (Ref: AIA Documents A101, A107, A111, A117, A511 and A201, and Handbook Chapter B-7.)

RETAINED PERCENTAGE: See RETAINAGE.

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SAMPLES: Physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. (Ref: AIA Document A201.)

SCHEDULE: (1, drawings) A supplemental listing, usually in chart form, of a Project system, subsystem or portion thereof. See also DRAWINGS. (2, specifications) A detailed written listing included in the specifications. See PROGRESS SCHEDULE. SCHEDULE OF VALUES: A statement furnished by the Contractor to the Architect reflecting the portions of the Contract Sum allocated to the various portions of the Work and used as the basis for reviewing the Contractor's Applications for Payment. Preferable to CONTRACTOR'S BREAKDOWN. (Ref: AIA Documents A201, G702, G703 and Handbook Chapter B-7.)

SCHEMATIC DESIGN DOCUMENTS: Drawings and other documents illustrating the scale and relationship of Project components. (Ref: B141 and B162.) SCHEMATIC DESIGN PHASE: The Phase of the Architect's Services in which the Architect consults with the Owner to ascertain the requirements of the Project and prepares Schematic Design studies consisting of drawings and other documents illustrating the scale and relationship of the Project components for approval by the Owner. The Architect also submits to the Owner a Statement of Probable Construction Cost based on current area, volume or other unit costs. (Ref: AIA Documents B141, B151, B162, B171 and D200, and Handbook Chapters B-4 and D-1.)

SEAL: (1) An embossing device, stamp or other device used by a design professional on Drawings and Specifications as evidence of registration in the state where the Work is to be performed. (2) A device formerly consisting of an impression upon wax or paper, or a wafer, which is used in the execution of a formal legal document such as a deed or contract. The statute of limitations applicable to a contract under seal may be longer than for a contract not under seal. (Ref: Handbook Chapter B-3.)

SECTION: (1, drawing) A drawing of a surface revealed by an imaginary plane cut through the Project, or portion thereof, in such a manner as to show the composition of the surface as it would appear if

the part intervening between the cut plane and the eye of the observer were removed. See also DRAWINGS. (2, of Specifications) A subdivision of a Division of the Specifications which covers a unit of Work. (Ref: Handbook Chapter B-6.)

SELECTED BIDDER: The bidder selected by the Owner for discussions relative to the possible award of a construction contract.

SELECTED LIST OF BIDDERS: See INVITED BIDDERS. SEPARATE CONTRACT: One of several prime contracts for construction of the Project. SEPARATE CONTRACTOR: A Contractor on a Project having a separate contract with the Owner. SHOP DRAWINGS: Drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or any Subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. (Ref: AIA Document A201 and Handbook Chapter B-6.)

SINGLE CONTRACT: Contract for construction of the Project under which a single prime Contractor is responsible for all of the Work.

SITE: Geographical location of the Project, usually defined by legal boundary lines.

SITE ANALYSIS SERVICES (of the Architect): Those services described in the schedule of designated services necessary to establish site related limitations and requirements for the Project. (Ref: AIA Documents B161 and B162.)

SOIL SURVEY: See SUBSURFACE INVESTIGATION. SPECIAL CONDITIONS: A section of the Conditions of the Contract, other than General Conditions and Supplementary Conditions, which may be prepared to describe conditions unique to a particular Project. See also CONDITIONS OF THE CONTRACT.

SPECIAL HAZARDS INSURANCE: Insurance coverage for damage caused by additional perils or risks to be included in the Property Insurance (at the request of the Contractor or at the option of the Owner). Examples often included are sprinkler leakage, collapse, water damage, and coverage for materials in transit to the site or stored off the site. See PROPERTY INSURANCE. (Ref: AIA Document A201 and Handbook Chapter B-2.) SPECIFICATIONS: A part of the Contract Documents contained in the Project Manual consisting of written requirements for materials, equipment, construction systems, standards and workmanship. Under the Uniform Construction Index, the Specifications comprise sixteen Divisions. (Ref: Handbook Chapter B-6.)

SPECULATIVE BUILDER: One who develops and constructs building projects for subsequent sale or lease.

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. 20006

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