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April 19, 1988
Hon. Robert W. Kastenheimer
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.
RETAINAGE: A sum withheld from progress payments the part intervening between the cut plane and the
to the Contractor in accordance with the terms of eye of the observer were removed. See also DRAWthe Owner-Contractor Agreement. (Ref: AIA INGS. (2. of Specifications) A subdivision of a Divi. Documents A101, A107, A111, A117, A511 and A201, sion of the Specifications which covers a unit of and Handbook Chapter B-7.)
Work. (Ret: Handbook Chapter B-6.) RETAINED PERCENTAGE: See RETAINAGE.
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. S
SEPARATE CONTRACT: One of several prime conSAMPLES: Physical examples which illustrate mate- tracts for construction of the Project. rials, equipment or workmanship and establish
SEPARATE CONTRACTOR: A Contractor on a Project standards by which the Work will be judged. (Ref:
having a separate contract with the Owner. AIA Document A201.)
SHOP DRAWINGS: Drawings, diagrams, schedules SCHEDULE: (1, drawings) A supplemental listing, usually in chart form, of a Project system, sub
and other data specially prepared for the Work by
the Contractor or any Subcontractor, manufactursystem or portion thereof. See also DRAWINGS. (2,
er, supplier or distributor to illustrate some portion specifications) A detailed written listing included in
of the Work. (Ref: AIA Document A201 and Handthe specifications. See PROGRESS SCHEDULE.
book Chapter B-6.) SCHEDULE OF VALUES: A statement furnished by the
SINGLE CONTRACT: Contract for construction of the Contractor to the Architect reflecting the portions of the Contract Sum allocated to the various por.
Project under which a single prime Contractor is tions of the Work and used as the basis for review
responsible for all of the Work. ing the Contractor's Applications for payment. SITE: Geographical location of the Project, usually Preferable to CONTRACTOR'S BREAKDOWN. (Ref: defined by legal boundary lines. AIA Documents A201, G702, G703 and Handbook
SITE ANALYSIS SERVICES (of the Architect): Those Chapter B.7.)
services described in the schedule of designated SCHEMATIC DESIGN DOCUMENTS: Drawings and services necessary to establish site related limita
other documents illustrating the scale and relation- tions and requirements for the Project. (Ref: AIA
ship of Project components. (Ref: 8141 and B162.) Documents B161 and B162.) SCHEMATIC DESIGN PHASE: The Phase of the Archio SOIL SURVEY: See SUBSURFACE INVESTIGATION.
tect's Services in which the Architect consults with the Owner to ascertain the requirements of the SPECIAL CONDITIONS: A section of the Conditions Project and prepares Schematic Design studies
of the Contract, other than General Conditions consisting of drawings and other documents il
and Supplementary Conditions, which may be prelustrating the scale and relationship of the Project
pared to describe conditions unique to a particular components for approval by the owner. The Archi
Project. See also CONDITIONS OF THE CON. lect also submits to the Owner a Statement of
TRACT. Probable Construction Cost based on current area. SPECIAL HAZARDS INSURANCE: Insurance coverage volume or other unit costs. (Ref: AIA Documents for damage caused by additional perils or risks to B141, B151, B162, 8171 and D200, and Handbook be included in the Property Insurance (at the reChapters B-4 and D-1.)
quest of the Contractor or at the option of the SEAL: (1) An embossing device, stamp or other device
Owner). Examples often included are sprinkler used by a design professional on Drawings and
leakage, collapse, water damage, and coverage for
materials in transit to the site or stored off the site. Specifications as evidence of registration in the state where the work is to be performed. (2) A
See PROPERTY INSURANCE. (Ref: AIA Document device formerly consisting of an impression upon
A201 and Handbook Chapter B-2.) wax or paper, or a water, which is used in the SPECIFICATIONS: A part of the Contract Documents execution of a formal legal document such as a contained in the Project Manual consisting of writdeed or contract. The statute of limitations applica- ten requirements for materials, equipment, conble to a contract under seal may be longer than for struction systems, standards and workmanship. a contract not under seal. (Rel: Handbook Chapter Under the Uniform Construction Index, the Speci. B-3.)
fications comprise sixteen Divisions. (Ref: HandSECTION: (1. drawing) A drawing of a surface re.
book Chapter 8-6.) vealed by an imaginary plane cui through the Proj. SPECULATIVE BUILDER: One who develops and conect, or portion thereof, in such a manner as to show structs building projects for subsequent sale or the composition of the surface as it would appear if lease.
GLOSSARY OF CONSTRUCTION INDUSTRY TERMS MAY 1942 EDITION AIA. COPYRIGHT 1970 · 1902
1957 E Street, N.W. · Washington, D.C. 20006 • (202) 393-2040 • TWX: 279-354 AGC WSH
The Associated General Contractors of America is supportive of H.R. 4262, the "Berne Convention implementation Act of 1988" as reported from the Courts, Civil Liberties and the Administration of Justice Subcommittee. Specifically, this legislation most appropriately includes architectural plans in the definition of the pictorial, graphic and sculptural works protected by the copyright law.
The AGC is also supportive of efforts to amend the U.S. copyright law to delineate the copyright owners' right to prevent an unauthorized construction from copyrighted plans. Such a provision should not prevent an innocently infringing contractor from seeking indemnification from the offending party if such an enhanced enforcement power causes loss. This protection is consistent with current industry practice with respect to patent infringement.
Dear Congressman Kastenmeier:
This is in reference to your Subcommittee dealing
The artist's plight in America today is a serious
William O Muie. Jr.
APPENDIX I.-LEGISLATIVE MATERIAL
H. R. 1623
To amend title 17, United States Code, to implement the Berne Convention
for the Protection of Literary and Artistic Works, as revised at Paris on July 24, 1971, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 16, 1987 Mr. KASTENMEIER (for himself and Mr. MOORHEAD) introduced the following
bill; which was referred to the Committee on the Judiciary
A BILL To amend title 17, United States Code, to implement the Berne
Convention for the Protection of Literary and Artistic Works, as revised at Paris on July 24, 1971, and for other purposes.
Be it enacted by the Senate and House of Representa
2 tives of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE.
This Act may be cited as the “Berne Convention Imple
5 mentation Act of 1987”.
6 SEC. 2. REFERENCES TO TITLE 17, UNITED STATES CODE.
Whenever in this Act an amendment is expressed in
8 terms of an amendment to a section or other provision, the