Terms Used In Arizona Laws > Title 41 > Chapter 23 > Article 1 - General Provisions

• Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Architect services: means those professional architect services that are within the scope of architectural practice as provided in Title 32, Chapter 1. See Arizona Laws 41-2503
• Bequest: Property gifted by will.
• Business: means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture or other private legal entity. See Arizona Laws 41-2503
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Construction services: means either of the following for construction-manager-at-risk, design-build and job-order-contracting project delivery methods:

  (a) Construction, excluding services, through the construction-manager-at-risk or job-order-contracting project delivery methods. See Arizona Laws 41-2503

• Construction-manager-at-risk: means a project delivery method in which:

  (a) There is a separate contract for design services and a separate contract for construction services, except that instead of a single contract for construction services, the purchasing agency may elect separate contracts for preconstruction services during the design phase, for construction during the construction phase and for any other construction services. See Arizona Laws 41-2503

• Contract: A legal written agreement that becomes binding when signed.
• Contract: means all types of state agreements, regardless of what they may be called, for the procurement of materials, services, construction, construction services or the disposal of materials. See Arizona Laws 41-2503
• Contractor: means any person who has a contract with a state governmental unit. See Arizona Laws 41-2503
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Department: means the department of administration. See Arizona Laws 41-2503
• Design professional: means an individual or firm that is registered by the state board of technical registration pursuant to Title 32, Chapter 1 to practice architecture, engineering, geology, landscape architecture or land surveying or any combination of those professions and any person employed by the registered individual or firm. See Arizona Laws 41-2503
• Design services: means architect services, engineer services or landscape architect services. See Arizona Laws 41-2503
• Design-build: means a project delivery method in which:

  (a) There is a single contract for design services and construction services, except that instead of a single contract for design services and construction services, the purchasing agency may elect separate contracts for preconstruction services and design services during the design phase, for construction and design services during the construction phase and for any other construction services. See Arizona Laws 41-2503

• Designee: means a duly authorized representative of the director. See Arizona Laws 41-2503
• Director: means the director of the department of administration. See Arizona Laws 41-2503
• Engineer services: means those professional engineer services that are within the scope of engineering practice as provided in title 32, chapter 1. See Arizona Laws 41-2503
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Finance services: means financing for a construction services project. See Arizona Laws 41-2503
• Fraud: Intentional deception resulting in injury to another.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Grant: means the furnishing of financial or other assistance, including state funds or federal grant funds, by any state governmental unit to any person for the purpose of supporting or stimulating educational, cultural, social or economic quality of life. See Arizona Laws 41-2503
• including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
• Job-order-contracting: means a project delivery method in which:

  (a) The contract is a requirements contract for indefinite quantities of construction. See Arizona Laws 41-2503

• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Landscape architect services: means those professional landscape architect services that are within the scope of landscape architectural practice as provided in Title 32, Chapter 1. See Arizona Laws 41-2503
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Maintenance services: means routine maintenance, repair and replacement of existing facilities, structures, buildings or real property. See Arizona Laws 41-2503
• Operations services: means routine operation of existing facilities, structures, buildings or real property. See Arizona Laws 41-2503
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means any corporation, business, individual, union, committee, club, other organization or group of individuals. See Arizona Laws 41-2503
• Population: means the population according to the most recent United States decennial census. See Arizona Laws 1-215
• Preconstruction services: means services and other activities during the design phase. See Arizona Laws 41-2503
• Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
• Property: includes both real and personal property. See Arizona Laws 1-215
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Purchasing agency: means any state governmental unit that is authorized by this chapter or rules adopted pursuant to this chapter, or by way of delegation from the director, to enter into contracts. See Arizona Laws 41-2503
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• State governmental unit: means any department, commission, council, board, bureau, committee, institution, agency, government corporation or other establishment or official of the executive branch or corporation commission of this state. See Arizona Laws 41-2503
• Subcontractor: means a person who contracts to perform work or render service to a contractor or to another subcontractor as a part of a contract with a state governmental unit. See Arizona Laws 41-2503
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
• United States: includes the District of Columbia and the territories. See Arizona Laws 1-215