April 19, 1988 Hon. Robert W. Kastenheimer Rayburn House Office Building, Room 2328 MERV GRIFFIN ENTERPRISES Dear Sir: The members of our organization, both as individuals and Please advise our organization as to your policy and action on these Bills. 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. S 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 Proj. ect, 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 8-6.) 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 19 THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA JAMES W. SUPICA, President PAUL EMERICK, Senior Vice President April 28, 1988 The Honorable Peter W. Rodino Jr. U.S. House of Representatives 2462 Rayburn House Office Building Washington, DC 20515 Dear Representative Rodino: 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. I thank you for your consideration of these matters. Singerely. can fromis SUSAN J. LOONYS Congressional Relations SJL/dr THE FULL SERVICE CONSTRUCTION ASSOCIATION FOR FULL SERVICE MEMBERS Jeanne Thomas Allen Temple University Loren D. Cocking Southern Illinois University at Carbondale William O. Huie. Jr. Corpus Christs State Universty Karl B. Lohmann. Jr Purdue University Betsy A. McLane Direct Cinema Lid Suzanne Regan Califorma State University at Los Angeles Membership Offer Loren D. Cocking Southern Ilismo University at Carbondale Student Liaison Dario Sanmiguel Columbia College Sustainer Liaison Victor Duncan, Inc. Constituencies Committer Scholarship/Grants Officer David O. Thomas Ohio University Government Liaison Marion Weiss Hood Collage Archicial Elizabeth H. Flory Rochester, NY Journal of Film and Video Patricia Erens Congressman Robert Kastenmeier Dear Congressman Kastenmeier: This is in reference to your Subcommittee dealing with the Berne Convention and the hearings that will take place on June 21. As government liaison for the University Film and Video Association (an international organization, which has been in existence for 40 years and is comprised of professors and professionals), I want to URGE you to consider the inclusion of the "moral rights" provision in the bill. The artist's plight in America today is a serious concern; I do not have to tell you that-- you already know, I'm sure, that we are unprotected as far as financial security goes. Protect the one thing we all really care about: our artistic integrity. Rosary College UFVA Digest William O. Huie, Jr. Corpus Christs University 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. 1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE. 4 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. 7 Whenever in this Act an amendment is expressed in 8 terms of an amendment to a section or other provision, the |