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Authority Of The Owner As A Construction Manager Or A Design Professional For Example

Satisfactory Essays

1. Apparent Authority – authority beyond that is described in any contract documents; contrary to the owner, if an individual is seen to be fulfilling the actions of the owner when approving changes without the direct oversight of the owner, that individual would be seen as having apparent authority of the owner. 2. Acceptance – the “agreement” to the terms of an offer pertaining to a construction contract. The term could also pertain to the confirmation of a proposed completion of a body of work as to meeting the standards agreed upon. 3. Agent – an individual who acts on behalf of, or in place of, the person with expressed authority. In construction, an owner’s agent could be a construction manager or a design professional for …show more content…

8. Consideration – a requirement to form a contract; typically one party makes an offer for a service and another party accepts this service in exchange for monetary compensation. 9. Contract – an agreement between at least two parties that can be verbally agreed upon or transcribed to paper. To form a contract there must be an offer and acceptance in a meeting of the minds, consideration, and finally the capacity to lawfully enter into a binding contract by both parties. 10. Contributory Negligence – a person who is injured cannot collect any damages if he/she was responsible for the injuries incurred. 11. Course of Dealings – when a generally accepted procedural system is used because the process works efficiently; relative to contracts, a contract is agreed upon based on an understanding, but it is not necessarily explicitly written in the contract. 12. Declaratory Judgment – a decision that decides whether or not a law in question pertains to an individual. 13. Design Professional – a licensed architect or engineer responsible for the design aspect of a construction project; often, the design professional can be involved with contract interpretation or be an agent of the owner. 14. Duress – an outside force(s) that pressure or force an individual to do something against their own will. 15. Duty to Cooperate – the responsibility of a group to work together toward a common goal. 16.

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