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CONTRACTOR'S LIABILITY INSURANCE: Insurance purchased and maintained by the Contractor to protect the Contractor from specified claims which may arise out of or result from the Contractor's operations under the Contract, whether such operations are by the Contractor or by any Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. (Ref: AIA Documents A201 and G705, and Handbook Chapter B-2.) CONTRACTOR'S OPTION: Provision of the Contract Documents under which the Contractor may select certain specified materials, methods or systems at the Contractor's own option, without change in the Contract Sum. (Ref: Handbook Chapters B-6 and D-4.)

CONTRACTUAL LIABILITY: Liability assumed by a person or entity under a contract. "Indemnifica❘ tion" or "hold harmless" clauses are examples of contractual liability. (Ref: AIA Documents A201 and G705.)

COST APPRAISAL: Evaluation or estimate (preferably by a qualified professional appraiser) of the market or other value, cost, utility or other attribute of land or other facility.

COST BREAKDOWN: See SCHEDULE OF VALUES. COST PLUS FEE AGREEMENT: An Agreement under which the Contractor (in an Owner-Contractor Agreement) or the Architect (in an Owner-Architect Agreement) is reimbursed for the direct and indirect costs of performance of the Agreement and, in addition, is paid a fee for services. The fee is usually stated as a stipulated sum or as a percentage of cost. (Ref: AIA Documents A111, A117, B141 and B161.)

CRITICAL PATH METHOD (CPM): A charting of all events and operations to be encountered in com. pleting a given process, rendered in a form permitting determination of the relative significance of each event, and establishing the optimum sequence and duration of operations. See also PERT SCHEDULE. (Ref: Handbook Chapter B-7.) CUBAGE: See ARCHITECTURAL VOLUME OF BUILDINGS.

D

DATE OF AGREEMENT: The date stated in the Agreement. If no date is stated, it could be the date on which the Agreement is actually signed, if this is recorded, or it may be the date established by the award.

DATE OF COMMENCEMENT OF THE WORK: The date established in a notice to the Contractor to proceed or, in the absence of such notice, the date of the Owner-Contractor Agreement or such other

date as may be established therein. (Ref: AIA Document A201 and Handbook Chapters B-3, D-3 and D-5.)

DATE OF SUBSTANTIAL COMPLETION: The Date certified by the Architect when the Work or a designated portion thereof is sufficiently complete, in accordance with the Contract Documents, so the Owner can occupy the Work or designated portion thereof for the use for which it is intended. (Ref: AIA Documents A201 and G704, and Handbook Chapters B-7 and D-3.)

DEDUCTION (from Contract Sum): Amount deducted from the Contract Sum by Change Order. DEDUCTIVE ALTERNATE: An Alternate Bid resulting in a deduction from the Base Bid of the same Bidder. See also ALTERNATE BID.

DEFECTIVE WORK: The Work not conforming with the Contract requirements. See also NONCONFORMING WORK.

DEFICIENCIES: See DEFECTIVE WORK.

DEPOSIT FOR BIDDING DOCUMENTS: Monetary deposit required to obtain a set of Bidding Documents. (Ref: AIA Documents A501 and A701, and Handbook Chapters B-6 and D-4.)

DESIGNATED SERVICES (of the Architect): Those services necessary to the Project agreed to be performed directly by the Architect, or through the Architect by utilization of outside services, and by coordination services performed by the Architect on services provided by the Owner. (Ref: AIA Documents B161 and B162.)

DESIGN-BUILD PROCESS: A process in which a person or entity assumes responsibility under a single contract for both the design and construction of the Project. (Ref: Handbook Chapter A-2.) DESIGN DEVELOPMENT DOCUMENTS: Drawings and other documents which fix and describe the size and character of the entire Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate. (Ref: AIA Documents B141, B162 and 8171.)

DESIGN DEVELOPMENT PHASE: The Phase of the Architect's Services in which the Architect prepares from the approved Schematic Design Studies, for approval by the Owner, the Design Development Documents, and submits to the Owner a further Statement of Probable Construction Cost. (Ref: AIA Documents B141, B162, B171 and D200.) DESIGN PROFESSIONS: See ENVIRONMENTAL DESIGN PROFESSIONS.

DETAIL: A drawing, at a larger scale, of a part of another drawing, indicating in detail the design, location, composition and correlation of the elements and materials shown. (Ref: Handbook Chapter B-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. 20006

INSURANCE: See (1) ALL RISK INSURANCE; (2)
BOILER AND MACHINERY INSURANCE; (3)
BUILDER'S RISK INSURANCE; (4) COMPLETED OP.
ERATIONS INSURANCE; (5) COMPREHENSIVE AU-
TOMOBILE LIABILITY INSURANCE; (6) COMPRE-
HENSIVE GENERAL LIABILITY INSURANCE; (7)
CONTRACTOR'S LIABILITY INSURANCE; (8) EM-
PLOYER'S LIABILITY INSURANCE; (9) EXCESS LIA-
BILITY INSURANCE; (10) LIABILITY INSURANCE;
(11) LOSS OF USE INSURANCE; (12) OWNER'S LIA-
BILITY INSURANCE; (13) PROFESSIONAL LIABILITY
INSURANCE; (14) PROPERTY DAMAGE INSUR-
ANCE; (15) PROPERTY INSURANCE; (16) PUBLIC LI-
ABILITY INSURANCE; (17) SPECIAL HAZARDS IN-
SURANCE; (18) UMBRELLA LIABILITY INSURANCE;
(19) WORKERS' COMPENSATION INSURANCE.
INTERN ARCHITECT: One pursuing a program of
training in practice under the guidance of practic-
ing Architects, with the objective of qualifying for
registration as an Architect. Preferable to ARCHI-
TECT-IN-TRAINING. (Ref: Handbook Chapter A-4.)
INVITATION TO BID: A portion of the Bidding Docu-
ments soliciting bids for a construction project.
See also ADVERTISEMENT FOR BIDS and NOTICE
TO BIDDERS. (Ref: AIA Document A501.)
INVITED BIDDERS: The bidders selected by the
Owner, after consultation with the Architect, as the
only ones from whom bids will be received. (Ref:
AIA Document A501.)

ISOMETRIC DRAWING: A form of three-dimensional
projection in which all of the principal planes are
drawn parallel to corresponding established axes
and at true dimensions. Horizontals are usually
drawn at 30 degrees from the normal horizontal
axes; verticals remain parallel to the normal verti-
cal axis.

J

JOB CAPTAIN: The individual within the Architect's office normally responsible for preparation of the construction documents.

JOB SITE: See SITE.

JOB SUPERINTENDENT: See SUPERINTENDENT. JOINT VENTURE: A collaborative undertaking by two or more persons or organizations for a specific Project or Projects, having the legal characteristics of a partnership. (Ref: Handbook Chapter B-3.)

L

LABOR AND MATERIAL PAYMENT BOND: A bond of the Contractor in which a surety guarantees to the Owner that the Contractor will pay for labor and materials used in the performance of the Contract. The claimants under the bond are defined as those

having direct contracts with the Contractor or any
Subcontractor. A LABOR AND MATERIAL PAYMENT
BOND is sometimes referred to as a PAYMENT
BOND. (Ref: AIA Document A311 and Handbook
Chapter B-2.)

LAND SURVEY: See (1) BOUNDARY SURVEY; (2) SUR-
VEY.

LATENT DEFECT: A defect in materials, equipment or
completed work which reasonably careful obser-
vation could not have discovered; distinguished
from a patent defect, which may be discovered by
reasonable observation. See PATENT DEFECT.
LETTER FORM OF AGREEMENT or LETTER AGREE.
MENT: A letter stating the terms of an Agreement
between addressor and addressee, usually pre-
pared to be signed by the addressee to indicate
acceptance of those terms as legally binding. (Ref:
Handbook Chapter D-1.)

LETTER OF INTENT: A letter signifying an intention to
enter into a formal agreement, usually setting forth
the general terms of such agreement. (Ref: Hand-
book Chapter D-1.)

LETTING (BID): See BID OPENING.
LIABILITY INSURANCE: Insurance which protects the
insured against liability on account of injury to the
person or property of another. See also (1) COM-
PLETED OPERATIONS INSURANCE; (2) COMPRE-
HENSIVE GENERAL LIABILITY INSURANCE; (3)
CONTRACTOR'S LIABILITY INSURANCE; (4) EM-
PLOYER'S LIABILITY INSURANCE; (5) OWNER'S LIA-
BILITY INSURANCE; (6) PROFESSIONAL LIABILITY
INSURANCE; (7) PROPERTY DAMAGE INSURANCE;
(8) PUBLIC LIABILITY INSURANCE; (9) SPECIAL
HAZARDS INSURANCE.

LICENSED ARCHITECT: See ARCHITECT.

LICENSED CONTRACTOR: A person or entity certified
by governmental authority, where required by law,
to engage in construction contracting.

LICENSED ENGINEER: See PROFESSIONAL EN-
GINEER.

LIEN: See MECHANIC'S LIEN.

LIMIT OF LIABILITY: The maximum amount which an insurance company agrees to pay in case of loss. LIQUIDATED DAMAGES: A sum established in a Construction 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 stipulated time. See also (1) BONUS AND PENALTY CLAUSE; (2) BONUS CLAUSE; (3) PENALTY CLAUSE. (Ref: Handbook Chapter D-5.)

LOSS OF USE INSURANCE: Insurance protecting
against financial loss during the time required to
repair or replace property damaged or destroyed
by an insured peril. (Ref: Handbook Chapter B-2.)
AIA

GLOSSARY OF CONSTRUCTION INDUSTRY TERMS MAY 1982 EDITION COPYRIGHT 1970⚫ ©1982
THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006

13

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 com.
plete the Work by a stipulated date. See also LIQUI-
DATED DAMAGES.

PERCENTAGE AGREEMENT: An agreement for profes-
sional services in which the compensation is based
upon a percentage of the Construction Cost. (Ref:
AIA Documents B141, B161, B171 and 8181.)
PERCENTAGE FEE: Compensation based upon a per-
centage 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 com-
bined 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 detention 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 three-
dimensionally.

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, B151, B162 and 8171, and Handbook Chapter D-1.) POWER OF ATTORNEY: An instrument authorizing another to act as one's agent. See also ATTORNEY. IN-FACT.

PREDESIGN SERVICES: Additional services of the Ar-
chitect provided prior to and preceding the cus-
tomary Basic Services, including services to assist
the Owner in establishing the program, financial
and time requirements and limitations for the Proj-
ect. See also PROGRAMMING PHASE. (Ref: AIA
Document B161 and Handbook Chapter D-1.)
PRELIMINARY DRAWINGS: Drawings prepared dur-
ing the early stages of the design of a Project. See
also (1) SCHEMATIC DESIGN PHASE; (2) DESIGN
DEVELOPMENT PHASE. (Ref: AIA Documents B141,
B151, B162, C141 and C161.)

PRELIMINARY ESTIMATE: See STATEMENT OF PROBA-
BLE CONSTRUCTION COST.

PREQUALIFICATION OF BIDDERS: The process of in-
vestigating the qualifications of prospective bid-
ders 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 re-
sponsibility 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.

16

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 occurGLOSSARY OF CONSTRUCTION INDUSTRY TERMS MAY 1982 EDITION ALA COPYRIGHT 1970 - 1982 THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006

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

LOYOLA

NEW ORLEANS

SCHOOL OF LAW - FACULTY

April 7, 1988

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

RE: 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 community.

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 marmer. 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.

The

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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