CM 4211

Pataasin ang iyong marka sa homework at exams ngayon gamit ang Quizwiz!

A construction contract must be in writing ?

False

A construction manager is never hired by an owner until the design is complete?

False

A contractor does not have a duty to warn of a situation that could result in a tort?

False

A prime contract is one that always involves the contractor?

False

A tort liability cannot arise from the breach of an express provision in the contract?

False

A unilateral mistake is always sufficient to void a contract ?

False

After the contractor is awarded the contract it is time to consider joint ventures?

False

An offer is a conditional willingness to enter into an agreement?

False

Comparative negligence can totally prevent an injured person from winning a case?

False

Consideration must always be in money?

False

Contract liability does not include a breach of an implied provision?

False

Duress will never void a contract ?

False

During construction the owner's representative has the authority to deviate from the contract requirements?

False

During construction the owner's representative has the authority to make changes to the work?

False

During the design phase the A/E is an agent of the owner?

False

Even though a construction site is an attractive nuisance, a borrow pit on the site is not?

False

Heightened security is needed any time an attractive nuisance is involved?

False

How much time the contractor has to complete the project would be found in the General Conditions?

False

In a design-bid-build contract, the prime contractor is involved with the design?

False

In design-bid-build construction contract the owner enters into one contract with both the designer and the builder?

False

In the Universal Iron Works case, a ballpark figure was good enough to create a contract ?

False

It is okay for a contractor to assume design liability in any construction contract?

False

Liability always falls into just one of the main categories?

False

Statutory liability is created when a contractor follows the statutes affecting the project?

False

Strict liability is a fourth source of liability. ?

False

The "owner" in a construction contract is always the entity that actually owns the project site?

False

The National Labor Relations Act does not affect contractors?

False

The general rule is that an offer cannot be withdrawn once it has been given?

False

The original offeror does not have to accept a counter offer for there to be a contract?

False

The owner determines the means, methods, techniques, sequences, and procedures of the actual construction work?

False

The owner determines the means, methods, techniques, sequences, and procedures of the construction (unless the contract provides otherwise)?

False

"Fast track" is when the contractor can start building part of the project while other parts are still being designed?

True

A claimant does not have to offer proof if strict liability applies?

True

A conditional acceptance is a counter offer?

True

A construction site is considered an attractive nuisance?

True

A contract must have a legal purpose to be enforceable ?

True

A contractor may have a claim against a non-party to the contract if there is considered to be a third-party beneficiary relationship?

True

A cost-plus-a-fixed-fee contract encourages the contractor to finish as early as possible?

True

A tort is an injury to a person or damage to property?

True

A/Es are the creators of the drawings and specifications?

True

Absolute liability has to do when explosives are involved?

True

An emancipated minor has the ability to enter into a contract ?

True

Apparent authority is when the owner acts in a way to lead the contractor to believe the owner's representative had authority beyond the express authority?

True

Contract liability is one of the main sources of liability in the construction industry?

True

During construction the owner's representative has the authority to inspect the work?

True

During construction the owner's representative has the authority to interpret the contract documents?

True

Engineers are usually involved in the design of commercial buildings?

True

Fraud is a vice of consent ?

True

Implied authority is not in the contract documents, but needed to carry out the actual authority?

True

In a construction contract, the actual authority is what is in the contract documents?

True

In a cost-reimbursable contract, the contractor is reimbursed for its costs and also receives a fee?

True

In a turnkey contract, the project is turned over to the owner complete so as to allow the owner to turn the key and start using the facility?

True

In some states, the A/E may be liable directly to the contractor for economic loss due to the A/E's duties, even though there is no contract between the A/E and the contractors?

True

In the Grand case, bribing a government official voided the contract?

True

In the Hertz case, Boh Brothers settled with the driver of the Hertz vehicle?

True

In the Hertz case, Boh Brothers was found liable even though it had "under construction" signs displayed?

True

In the Mark C. Smith case, the contract was found to be too indefinite to be enforced ?

True

Multiple prime contracts must be written carefully to create third-party beneficiary relationships among all of the separate prime contractors?

True

OSHA has a separate section for just construction?

True

Privity is the existence of a contractual relationship?

True

Some states have subcontractor listing laws to prevent bid shopping or pedaling?

True

Statutory liability is one of the main sources of liability in the construction industry?

True

The UCC says that an offer must be in writing if it involves more than $500.00?

True

The attractive nuisance doctrine emanated from children playing in a railroad yard?

True

The carpenter who stuck his hand through a duct hole was found to be comparatively negligent?

True

The changes clause is one of the threshold red flag clauses?

True

The design-build contract reduces conflicts between the designer and the builder?

True

The general public is an interested entity in a construction project?

True

The object of a contract must be certain ?

True

The owner in a construction contract is the source of the funds to pay for the construction work.

True

This course deals with the business and legal aspects of construction contracting?

True

To sign a contract, a party must have capacity ?

True

Unless the contract says otherwise, on short-term projects progress payments are not owed?

True

A partnership cannot be a party to a contract; rather, its partners are the parties?

false

A payment bond guarantees the owner that the contractor has been paid?

false

"FOB Jobsite" means that the material supplier will deliver the materials?

true

"FOB supply house" means that the sale is complete when the truck is loaded at the supply house?

true

"One-of-a-kind" contracts are prepared for a particular project?

true

A prime contractor has no rights under the Louisiana Private Works Act; it has rights granted by the contract between the contractor and the owner?

false

A proprietorship cannot have employees?

false

A proprietorship is a recommended business structure for a construction company?

false

A purchase order should not be used for a trash pickup contract?

false

A variation-in-quantities clause is for lump sum projects?

false

A workers' compensation insurance policy also covers a contractor that has indemnified the owner?

false

AIA form documents are not considered to be standard?

false

All joint ventures in a conventional joint venture must work onsite to be considered a member of the joint venture?

false

An Invitation for Bids may not be used in lieu of an advertisement on private projects?

false

An anticipatory breach cannot occur unless the actual breach occurs thereafter?

false

An escalation clause is used on short-term project?

false

As long as a subcontractor is licensed, the prime contractor does not need to know its experience and qualifications?

false

As with the Miller Act, the Louisiana Public Works Act provides that only two tiers of entities are covered?

false

Attorney fees are included in a Miller Act action?

false

Bid documents are always part of the contract documents?

false

Construction contracts never require a contractor to be insured; rather, it is the contractor's choice?

false

Contractors seldom, if ever, submit bids with mistakes in the bids?

false

Each member of a conventional joint venture must contribute cash to form the conventional joint venture?

false

First tier claimants must notify the prime contractor before filing a lawsuit to recover amounts owed to it under the Miller Act?

false

Fixed fee contracts are another name for lump sum contracts and are always done for one lump sum amount.?

false

Force Majeure means in the control of an entity?

false

General conditions are conditions specific for a particular project?

false

Governments can always reject all bids, even for no reason?

false

If a member of a conventional joint venture goes bankrupt, the conventional joint venture ceases to exist?

false

If a partnership is liable for a debt, the partners are not personally liable for that debt?

false

If a third-party is used to transfer the materials from the supply house to the jobsite, then the contractor will always be liable for transportation damages?

false

If the project is destroyed during construction, that is the owner's problem?

false

Improper termination of a contract is not interference?

false

In Louisiana, an "active" breach is a party doing something consistent with the contract provisions?

false

In a limited liability partnership, a limited partner can never be liable for partnership debts?

false

In an expertise joint venture, all members must agree on the final bid amount?

false

In the Bin case, the failure by the low bidder to acknowledge an addendum requiring compliance with the Davis-Bacon wage rates was deemed to be a minor irregularity?

false

In the Patterson case, the failure by the low bidder to acknowledge an addendum that increased the contract delivery time was deemed to be a major irregularity?

false

It doesn't matter if a corporation is undercapitalized, the shareholders cannot be held liable for corporate debts?

false

It is unimportant in advertisement to identify the owner?

false

Liquidated damages are an agreed-upon amount per day for the contractor starting the work late?

false

Louisiana requires bonds on all public projects, including very small projects?

false

Material suppliers to material suppliers are always covered by the Miller Act?

false

Minor bid irregularities cannot be waived by the government?

false

On a construction project purchase of materials is never on a one-time basis?

false

On a public project, the government has no duty to verify the bids?

false

On public projects, addenda do not have to be acknowledged by the bidders?

false

Owner interference does not include unreasonable delays?

false

Participation percentages of a conventional joint venture are based on the number of members in the conventional joint venture?

false

Physical conditions reports do not include soil reports?

false

Pre-qualification has to do with the project being qualified to let out for bids?

false

Private construction projects must be bonded

false

Promissory estoppel does not require the prime contractor to show that it relied on the subcontractor bid?

false

Promissory estoppel is a doctrine that prevents a subcontractor from ever withdrawing its bid made to the prime contractor?

false

Replacement value equipment insurance is the least expensive type of an equipment floater policy?

false

Retention (retainage) is an amount kept by the owner from progress payments for the express purpose of paying liquidated damages?

false

Subcontractors always do a portion of the work involved in the prime contract?

false

Supplementary conditions are conditions common for many projects?

false

Temporary structures, such as a jobsite office, are excluded from builder's risk policies?

false

The AIA A201 General Conditions provides that the contractor will purchase the builder's risk insurance coverage?

false

The Doctrine of Mistake allows a bidder to withdraw its bid at any time before award of the contract?

false

The Federal Construction Contract Procurement Policy requires award to always be made to the low bidder?

false

The Firm Bid Rule requires a bid to be the amount of the contract even after change orders?

false

The Miller Act affects all public property projects?

false

The Miller Act covers two tiers of entities, including the prime contractor as the first tier?

false

The XCU exclusions in a comprehensive general liability policy stands for explosion, collapse, and umbrella?

false

The accuracy and sufficiency of the drawings and specifications is an implied obligation of the contractor?

false

The bid form is not part of the Bid documents?

false

The contractor is not allowed to include a "pay-when-paid" provision in a purchase order?

false

The contractor should not give a material supplier a project schedule?

false

The differing site conditions clause is not a threshold red flag clause?

false

The differing site conditions clause will be found in the AIA index as such?

false

The extension amount in a unit-price contract controls over the unit-price amount on a public project?

false

The fourth position of payment if a property is seized and sold under the Louisiana Private Works Act includes subcontractors only?

false

The generalized rules for withdrawal of a bid require a mistake to be about the materials?

false

The generalized rules for withdrawal of a bid require the mistake to be subject to subjective determination?

false

The manager of a conventional joint venture always receives a salary for running the conventional joint venture?

false

"Quantum meruit" may be used to measure damages when someone has been enriched at the expense of another?

true

"Responsible" has to do with who the bidder is?

true

"Responsiveness" has to do with following the bid rules?

true

A Notice to Proceed tells the contractor when it can go on the site?

true

A bid bond may be in an amount equal to a percentage of the bid amount?

true

A bid form may require a bidder to provide financial information?

true

A bidder may choose to waive a small mistake?

true

A bond provided on a Louisiana public project is considered a statutory bond?

true

A breach of contract cannot occur unless privity exists?

true

A breach of contract is a failure of a contract obligation?

true

A builder's risk policy is coverage of the work itself?

true

A capital call in a conventional joint venture may require a member to contribute its participation percentage amount of additional money needed to fund the construction costs of the project?

true

A change in the law could result in a construction contract being dissolved?

true

A comprehensive general liability policy covers accidents involving vehicles on a work-related mission even if not on the jobsite itself?

true

A concursus action is when all claimants try to prove their claims?

true

A construction contract may be differentiated by the services provided?

true

A conventional joint venture can have a disproportionate allocation of gains and losses among the members of the conventional joint venture?

true

A conventional joint venture is formed for one specific construction project?

true

A conventional joint venture may own the construction equipment needed for the project?

true

A cost-plus-an-incentive-fee contract encourages the contractor to hold down on costs?

true

A description of the materials being ordered may be provided by referring to a section of the drawings and/or specifications and then providing the material supplier with those documents?

true

A design-bid-build is the traditional approach of a construction contract?

true

A flow-of-contract provision may cause a subcontractor to owe more than actual damages suffered by the prime contractor?

true

A joint venture must be in writing?

true

A lawsuit filed under the Miller Act must be filed within one year of the last activity on the jobsite by the claimant?

true

A lien discharge bond may be used to guarantee payment to a particular claimant when the project does not have a payment bond?

true

A limited liability company is an unincorporated association?

true

A limited liability company may choose to have a pass-through tax structure similar to an S corporation?

true

A material supplier basically does no work onsite but rather supplies materials for the project?

true

A named-peril builder's risk policy covers only the risks named in the policy?

true

A notice of completion (or termination) of the project must be recorded by the government in order for the period to file claims begins?

true

A notice of lis pendens should be recorded when the lawsuit is filed?

true

A partnership is a juridical person separate from its partners?

true

A payment bond guarantees payment to the downstream entities such as subcontractors and material suppliers?

true

A performance bond guarantees the obligee (owner) that the principal (contractor) will perform the contract work in accordance with the contract documents?

true

A performance bond may provide that the surety has the right to take control of the project if the principal fails in the duties guaranteed by the bond?

true

A prime contractor needs to know a subcontractor's reputation and financial resources before entering into a contract with it?

true

A project involving a navigable stream might require a different workers' compensation policy than normally purchased?

true

A proprietorship is the simplest form of business structure?

true

A purchase order may be used for materials even before the construction contract is signed?

true

A purchase order should be used when only a minor amount of work onsite is expected?

true

A subcontract should never be signed until the prime contract is signed?

true

A subcontractor is an entity that does more than just a little work onsite?

true

A subcontractor is an entity that performs a specific portion of the project onsite, and is not a laborer or supplier?

true

A unit cost contract is a form of a fixed fee contract?

true

All claims should be recorded in the county or parish courthouse in which the project is located?

true

All government projects require bonds?

true

An advertisement should describe what the project is and where it is?

true

An advertisement should say where and when the bid opening will occur?

true

An advertisement would be part of the bid documents?

true

An anticipatory breach is a threat to take a course of action or to refuse to perform a duty required by the contract that would constitute a breach if actually carried out?

true

An approved list of sureties may be provided on large construction projects?

true

An entity cannot place a lien on public property?

true

An expertise joint venture does not own the equipment used on the construction project

true

An express obligation is one actually in the contract documents?

true

The measure in "quantum meruit" is the greater of the enhancement to one person over the impoverishment to another person?

false

The penal sum is the limit of the bond; the minimum amount guaranteed by the surety?

false

The penal sum of a performance bond is never more than 50% of the contract amount?

false

The performance of a construction contract is always determined by the owner?

false

The premiums to purchase a workers' compensation insurance policy are usually based on the contract amount?

false

The prime contractor cannot have control over the subcontractor's time?

false

The prime contractor should always enter into a contract with the subcontractor with the lowest bid ?

false

The prime contractor should never include a "no -pay-until-paid" provision in the subcontract?

false

The principal is the entity being guaranteeing the work by the surety?

false

The priority of payment if a property is seized and sold under the Louisiana Private Works Act includes all taxes owed by the owner in the first position?

false

The right of accessibility to the job site is not an implied obligation owed by the owner?

false

An implied obligation is one not in the contract documents but needed to carry out the express obligations?

true

An incidental subcontract may be used for the project fencing?

true

An occurrence policy covers accidents (occurrences) that happen during the existence of the policy, even if the claim is not made until after the policy is terminated?

true

An umbrella policy can be used to increase coverage or add coverage to another policy?

true

Any potential bidder can protest before the bids are opened; only an actual bidder can protest after the bids are opened?

true

Because an owner has unilateral rights to change the contract, the prime contractor should have those rights vis-à-vis the subcontractor?

true

Bid security is often required when a bid is submitted?

true

Bribery is a material impropriety?

true

The subcontract does not need an indemnification clause because the prime contract will have it?

false

The subcontract never needs to require insurance of the subcontractor?

false

The surety is the entity building the project?

false

The termination of a construction insurance policy is always at substantial completion of the project?

false

The transmission to the apparent low bidder does not have to direct attention to a specific area where a mistake is suspected?

false

The workers' compensation policy premiums are the same in all states?

false

There is little to no difference between public and private bid rules?

false

There is no important difference between a major and a minor breach?

false

Threshold red flag clauses should be examined when the estimate is complete?

false

Timeliness of a bid protest does not affect its chance of success?

false

To be totally safe, a claimant under the Louisiana Private Works Act should file its claim between 30 and 60 days after recordation of completion or termination by the owner?

false

To preserve the claim, a lawsuit must be filed within one year of the recordation of the last time the claimant provided services or materials to the project?

false

Centralized management is one of the characteristics of a corporation?

true

Changes to the bid documents pre-bid are done by addenda on public projects?

true

Commingling of funds by a shareholder and the corporation may result in "piercing the corporate veil" and making the shareholder personally liable for corporate debts.?

true

Construction involves more risks than just the construction work itself?

true

Construction surety bonds guarantee the performance of the contract and/or payment to the entities that provided services or materials for the project?

true

Contractors prefer liquidated damages to actual damages?

true

Courts are not inclined to enforce such exculpatory clauses unless they are prominent, non-ambiguous, and do not conflict with other contract provisions?

true

Drawings include the quantities of materials for the project?

true

Each additional named insured will increase the premium of an insurance policy?

true

Early excess payments by the owner to the contractor will reduce the coverage amount of a performance bond?

true

Equipment is generally insured on a job-by-job basis so as not to waste premium when tools are idle?

true

Expenses incurred prior to the start of construction are paid by each member of a conventional joint venture and not by the conventional joint venture?

true

Failure by the owner to make timely progress payments is a breach of contract?

true

Flow-down language would pass on liquidated damages to the subcontractor if it caused the project to finish late?

true

From the contractor's perspective, it is not a good idea for performance to be determined by a government action, such as the issuance of an occupancy certificate?

true

If a misrepresentation is intentional, then it is also a tort subject to punitive damages in addition to the actual damages?

true

If a subcontractor has to provide bonds, it will increase its bid to cover the premiums to be paid?

true

To protect itself, the owner must record a written notice of the construction contract after construction has started?

false

To protect itself, the owner must record the surety bond after construction has started?

false

When a mistake is verified, the only relief to the bidder is the withdrawal of the bid?

false

When an owner's filed representative is authorized in the contract to determine performance satisfaction it will always be final?

false

When the owner breaches the contract, the contractor does not need to give the owner a written notice of breach because the owner already knows of the breach?

false

With an insurance policy, the higher the deductible, the higher the premium?

false

If an owner disclaims liability in the contract for actions that otherwise would be deemed a breach, it may be enforced by the courts?

true

If the bidder fails to sign the bid, it will always be rejected?

true

If the irregularity could relieve the bidder of contractual obligations, then it is major?

true

If the objection is to the bid document terms, then the protest must be filed before the bid opening date?

true

If the project is a union project, the subcontract must have the labor agreement subcontract clause?

true

If the project is destroyed during construction due to faulty contract documents, that is the owner's problem?

true

In Louisiana, a "passive" breach is a party not doing something provided in the contract, or not doing it timely?

true

In Louisiana, a "putting in default" is a form of notice?

true

In Louisiana, damages are owed from the moment of an active breach?

true

In Louisiana, damages are owed from the receipt of the putting in default for a passive breach?

true

In Louisiana, when performance is to be to the owner's satisfaction it means to the satisfaction of a reasonable man?

true

In a proprietorship, the owner personally assumes all of the risks of the business?

true

In an expertise joint venture agreement, the termination provisions are the same as in a conventional joint venture?

true

In an expertise joint venture, the liability exposure to the members is the same as in a conventional joint venture?

true

In an expertise joint venture, there are no capital calls?

true

In general, the reason to have a joint venture (a partnership for one venture) is to pool resources and share risk and profit?

true

In the Vintage case, the apparent sixth low bidder wound up receiving the contract

true

Indemnification in the AIA General Conditions is considered intermediate?

true

Instructions to Bidders add information to what was put in the Advertisement?

true

Insurance to cover the cost of injury or death to a third-person is usually called a comprehensive general liability policy?

true

It is important to know whether sales taxes are in the quote from the supplier?

true

Laborers are people who do work on the jobsite?

true

Large construction companies may self-insure?

true

The contractor who contracts directly with the owner is a prime contractor?

true

The contractor's purchase order should state that the provisions of the purchase order control no matter what the supplier's quote or delivery tickets provide?

true

The conventional joint venture itself will purchase whatever insurance and bonds are needed for the construction project?

true

The courts may look at the response of the non-breaching party to a breach in determining whether the breach is major or minor?

true

The federal government is more relaxed in its definitions to the point that a fabricator may be classified as a subcontractor?

true

The filing or a claim with the owner also acts as a fund freeze; thereafter if the owner pays the prime contractor without reserving the amount of the claim then the owner itself becomes liable?

true

The generalized rules for withdrawal of a bid require the mistake not be an illegal action by the bidder?

true

The generalized rules for withdrawal of a bid require the mistake to be a clerical one, not a judgmental one?

true

The government has a duty to verify all bids and to notify the low bidder if the low bid is substantially lower than the second low bid?

true

The low bid amount being more than the available funding is the main reason for all bids to be rejected?

true

The obligee is the entity to which the guarantee is made?

true

The owner may have a prime contract on a construction project with a bank?

true

The owner's field representative may be authorized in the contract to determine performance satisfaction?

true

The premium structure of a builder's risk policy may be a level premium based on the average amount of work for the entire project?

true

The pricing and payment to the subcontractor should match that in the prime contract?

true

The prime contractor would be in the fifth position of payment if a property is seized and sold under the Louisiana Private Works Act?

true

The priority of payment, if a property is seized and sold under the Louisiana Private Works Act, includes laborers in the second position?

true

The purpose of the Louisiana Private Works Act is to balance the interests of entities that perform labor on, supply material to, contract work for, or lease movable equipment used on a construction project, with the interests of the owner who consented or requested the work?

true

The subcontract itself must describe the work to be done by the subcontractor and it can be done by flowing-down language from the prime contract?

true

"2/10 net 30" means that the material supplier will give a 10% discount if the bill is paid in full in 30 days?

false

"AGC" stands for American General Constructors?

false

"FOB" stands for "freight over board" ?

false

"Substantial completion" is achieved when the project is complete enough for its intended purpose and the contractor has been paid in full?

false

A "proprietorship" and a "sole proprietorship" are different business structures?

false

A 24-hour clause gives the prime contractor the right to terminate the subcontract with 24 hour notice?

false

A bid bond guarantees the owner of the amount of a contractor's bid?

false

A breach of contract can only be by commission and not by omission?

false

A builder's risk policy also covers consequential damages such as lost time or increased cost of performance the contractor may suffer?

false

A claim should use the street address when describing the location of the project?

false

A comprehensive general liability policy covers injury or death to the owner of the project?

false

A conditional obligation is one that depends on an event certain to happen?

false

A contractor should always require bonds from its subcontractors?

false

A conventional joint venture agreement must contain flow-down language from the construction contract?

false

A conventional joint venture is formed after the contract is awarded?

false

A conventional joint venture may be formed to join together in different areas of construction expertise?

false

A copy of the prime contract does not need to be given to a material supplier when using flow-down language in the purchase order?

false

A corporation is not a recommended business structure for a construction company?

false

A cost-plus-a-percentage-fee contract encourages the contractor to hold down on costs?

false

A design only prime contract would involve the prime contractor?

false

A designer of the project has no rights under the Louisiana Private Works Act?

false

A fabricator is generally considered a subcontractor?

false

A fabricator is usually considered a subcontractor and not a material supplier?

false

A laborer hired by the owner to work on the jobsite is considered a prime contractor?

false

A limited liability company does not have to be in writing?

false

A limited liability company is always run by its manager?

false

Lessors of equipment used on a Louisiana public project must provide a copy of the equipment lease to the prime contractor and the government within 10 days of the equipment arriving on the jobsite in order to have rights under the Louisiana act?

true

Loss due to strikes are excluded from the builder's risk policies?

true

Louisiana requires that residential contractors must give a lot of owner notice of the possibility of a lien being recorded against the owner's lot unless a payment bond is provided?

true

Most conflicts on purchase orders have to do with the boilerplate provisions?

true

Most states have a statute regarding payment from a contractor to a subcontractor once the contractor has received payment from the owner or the contractor above it?

true

Most states impose a statutory liability on employers if employees are injured or killed performing employment duties?

true

No response by the non-breaching party at the time of the breach may be deemed a waiver of the breach?

true

Nondisclosure of superior knowledge is an implied warranty stating that if a material condition emerges during the course of the contract work making the work more difficult, and the owner was aware of the condition, and either deliberately concealed or failed to disclose it, then it is a breach of contract?

true

Offsite laborers have no rights under the Louisiana Private Works Act?

true

One of the reasons to form a joint venture for a construction project is to share different areas of construction expertise?

true

Owner interference includes the failure to make timely progress payments?

true

Prices quoted by material suppliers may depend on the size of the order?

true

Private projects often require more supplementary information than public bids?

true

Promissory estoppel requires the prime contractor to prove the damages it suffered, or would have suffered if the subcontractor was allowed to withdraw its bid?

true

Promissory estoppel requires the prime contractor to show that the subcontractor bid was clear and definite?

true

Public projects require at least a payment bond?

true

Public projects require bonds to protect entities that provided services or materials on a public project?

true

Reliance on a subcontractor bid must be reasonable for promissory estoppel to be available if the subcontractor withdraws its bid?

true

Retention in the subcontract should match the provisions in the prime contract?

true

Shipping instructions should include where the materials are to be delivered?

true

Specifications are the technical requirements of the specific project?

true

Standard form construction contracts are considered to be fair?

true

Storage of materials should be a factor in the size of the material purchase order?

true

Supplementary conditions may alter general conditions?

true

Suppliers are entities that provide materials for the construction?

true

Taxes otherwise owed by a partnership flow through to its partners?

true

Termination provisions in a conventional joint venture agreement must be carefully crafted?

true

The "E" in A/E stands for an engineer?

true

The AIA A201 General Conditions provides for intermediate indemnification?

true

The Board of Directors of a corporation is chosen by its shareholders?

true

The Federal Construction Contract Procurement Policy requires sufficient time between the advertisement and the bid opening?

true

The Miller Act covers materials furnished to the project that the claimant supplier reasonably thought would be incorporated into the project even though they were not?

true

The Miller Act covers repairs to equipment used on the project?

true

The Spearin case was a United States Supreme Court case involving the accuracy and sufficiency of the drawings and specification?

true

The burden of proof is on the bidder if a bid contains one or more mistakes?

true

The contract may give the owner the right to have disputes adjudicated in a different state than where the project is located?

true

The contract may give the owner the unilateral right to suspend the project?

true

The contract may give the owner the unilateral right to terminate the project in whole or in part?

true

The third position of payment if a property is seized and sold under the Louisiana Private Works Act includes the entity funding the project if its mortgage is filed before work has started?

true

There are no participation percentages in an expertise joint venture?

true

There is an implied warranty that contract representations are accurate?

true

Timeliness of notification to the owner of a bid mistake may affect whether it will or will not be allowed?

true

To enforce a claim, a lawsuit should be filed in the district courthouse in which the property is located within one year of the expiration date for filing claims?

true

To get a contractor's license a person must pass a test?

true

Under Louisiana law, all claimants on a public project (except possibly the prime contractor) have the same deadline for filing its claims?

true

Under the Louisiana Private Works Act, the "owner" may not be the actual fee simple owner of the jobsite?

true

Unless the contract provides otherwise, substantial completion is when final payment is due, minus an amount withheld for punch list items?

true

Without a payment bond, a claimant may be able to lien the owner's rights in the jobsite and go after the owner itself?

true

Workers' compensation laws provide that an employee injured or killed on the job could not sue the employer in exchange for compensation being paid without the need of proving fault?

true

Working capital is the amount of money needed for a conventional joint venture to fund the construction costs of the project?

true


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