CM 4211 Module 5 Quiz
A Type I differing site condition is one that is materially different than one usually encountered on that type of project?
false
A cardinal change is one whose size is such that it is clearly within the general scope of the contract?
false
A changes provision is an exculpatory clause?
false
A contractor who is delayed by an owner's action will never be entitled to a cost adjustment if the contractor finishes before the contract completion date?
false
A delay is any action that slows down or interrupts work permanently?
false
A differing site condition discovered by the contractor almost always must be reported to the owner after the condition is disturbed?
false
A differing site condition is an implied provision?
false
A no-damages-for-delay clause limits the contractor to only a cost adjustment?
false
A termination is the temporary cessation of all or part of the work?
false
Acceleration is completion of the contract work at a less rapid pace than required by the contract?
false
An AIA change order does not require agreement as to adjustments?
false
An equitable adjustment for a differing site condition claim cannot be agreed to by the parties?
false
An exculpatory clause relieving an owner of liability always applies in preference to a differing site condition provision?
false
An excusable delay is a compensable loss of time for which the contractor gets a time extension and cost adjustment?
false
Conduct when the work is being performed is called course of dealing?
false
Constructive acceleration may be owed for a contractor responsible delay?
false
Cost and time adjustments are spelled out in the federal contract changes clause?
false
Directed acceleration is implied?
false
Force majeure does not include owner caused delays?
false
Force majeure means a condition within a party's control?
false
Forward pricing a change means that there is an agreement by the contractor and owner on the adjustments after the change work is done?
false
Future actual damages are easy to determine when the contract is signed?
false
If a contract has a differing site condition clause, the contractor does not need to do a pre-bid inspection of the jobsite?
false
If the owner eventually grants a time extension, then there is no breach for constructive acceleration?
false
In a default termination the owner must allow the contractor to remove any equipment on the jobsite?
false
In construction, delay is not inevitable?
false
It is the contractor that decides how to remedy a differing site condition?
false
LD's are usually bilaterally determined by the owner and the contractor?
false
Late completion is not a breach of contract by the contractor?
false
Liquidated damages are a penalty for finishing late?
false
Loss-of-efficiency costs have nothing to do with the disruption to work that often occurs with changes to the work?
false
Notice to the owner of an impending delay cannot be used to determine the starting date of the delay?
false
Payment for change work is implied?
false
Sufficient materiality is one of the main reasons why differing site condition claims are denied?
false
The contractor has to have been explicitly directed by the owner to meet the original completion date to prove constructive acceleration?
false
Time extensions are automatic?
false
To prevail in a constructive acceleration claim, the contractor must prove that the owner granted the claim timely?
false
Unless granted in the contract, a contractor does not have the right to work faster than the contract calls for to finish early?
false
Verbal change directives or orders are never paid if the contract provides that changes must be in writing?
false
When a contractor gives the owner a fully supported claim for a time extension, the contractor can assume the time extension will be granted?
false
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"Time if of the essence" has been determined to mean that the contractor must start the work as soon as practicable and purse the work diligently until completion?
true
A bonus/penalty clause is a provision by which a contractor could receive a "bonus" for finishing early?
true
A compensable delay may be excusable in certain circumstances?
true
A constructive change is a change not acknowledged as such by the owner, whose position is that the request by the owner is within the scope of work?
true
A contractor in Los Angeles received a $50 million bonus for finishing a project 50 days early?
true
A contractor must prove that a requested time extension is caused by either an owner responsible delay or an excusable delay to prevail in a constructive acceleration claim?
true
A default termination is when the owner terminates the contract because contractor has materially breached the contract?
true
A force account method for paying for change work requires agreement at the end of the day on the change work done that day?
true
A principle of a delay impact analysis is that an owner cannot assess liquidated damages if the owner was concurrently delaying the project?
true
A two-part change provision means that measureable costs will be paid as incurred, with final adjustments, such as profit and overhead, paid later?
true
An excusable delay is one where neither the owner nor the contractor is at fault, so each bears its own cost of delay?
true
An owner notified of a differing site condition must immediately investigate?
true
Basically, anything that causes the contract to be modified is a change?
true
Changes are one of the five threshold red flag contract provisions?
true
Constructive acceleration is the forced completion of the contract work in a shorter period than should have been allowed by the issuance of a properly supported claim for a time extension?
true
Constructive notice is when the owner knew or should have known about an event without written notice from the contractor?
true
Contractors prefer liquidated damages as opposed to actual damages?
true
Contractors want a broad list of excusable delays?
true
Delays can be destructive, whether caused by Mother Nature, a breach of contract, or by a differing site condition
true
Delays can result in increases to direct and indirect time-related costs for both the contractor and owner?
true
Differing site conditions are a threshold red flag contract provision
true
Differing site conditions are not found in the AIA A201 General Conditions index as "differing site conditions?
true
Failure to notify the owner of a claim may be deemed a waiver of the claim?
true
If a contract had no changes clause, contractors would likely increase their bid amounts?
true
If a contractor completes a project past its contract completion date, the owner has been damaged by a delayed use of the property?
true
If a contractor is directed to change the work, the contractor should promptly request a written and signed change directive?
true
If a contractor wants to work faster than the contract calls for, or in order to catch up if the contractor falls behind schedule, the contractor could voluntarily accelerate the work?
true
If an owner orders a delay it is called a suspension?
true
If during a pre-bid inspection of the jobsite a contractor discovers a differing site condition, the contractor is obligated to inform the owner?
true
Impact costs are costs in addition to proximate costs related to (1) time and (2) efficiency?
true
In a federal contract, it is the contracting officer who has full authority?
true
In general, courts will enforce liquidated damages as stated in the contract without need to prove damages, or even have damages?
true
In the absence of a differing site condition provision, the contractor can try using breach of contract by the owner of an implied warranty?
true
In the absence of a differing site condition provision, the contractor can try using failure to disclose superior knowledge by the owner?
true
In the absence of a differing site condition provision, the contractor can try using misrepresentation by the owner?
true
Lack of notice to the owner is one of the main reasons why differing site condition claims are denied?
true
Liquidated damages are an agreed upon measurement of the owner damages to be used in place of actual damages?
true
Liquidated damages must be a reasonable approximation of the actual damages to be enforced?
true
Most construction contracts require notice to an owner within a certain time frame after an event occurs?
true
Normally, an extension of contract time to avoid unfair assessment of liquidated damages is the contract relief for a force majeure occurrence?
true
On a public project, a cardinal change is a violation of the public bid laws because it is not what the bidders bid on?
true
One of the stumbling blocks to recovery under a differing site condition claim is insufficient records to prove the damages?
true
Prompt notice by the contactor to the owner of a constructive change is critical?
true
Sometimes a contractor cannot work faster because of certain conditions?
true
The absence of a change order granting a time extension within a reasonable amount of time after submittal of the claim creates constructive acceleration?
true
The contractor has the burden of proof to support a claim, whether for a time extension or for cost, or both?
true
The contractor must assume that liquidated damages will be enforced for late completion of the project and must incur additional expense to complete the contract work on time for constructive acceleration to work?
true
The contractor must document all acceleration costs incurred to prove such costs in a constructive acceleration claim later against the owner?
true
The court favors the contractor giving timely notice and then supporting a claim for a time extension with a CPM analysis?
true
The federal contract changes clause provides that the government may make changes without notifying the surety?
true
The federal suspension of work clause provides that the government may order, in writing, a suspension, delay, or interruption of all or part of the work?
true
The general scope of the work depends on the size of the project, the type of construction work, and the intended purpose contemplated when the contract was signed?
true
The main reason for a convenience termination by the owner is running out of money to fund the project?
true
The owner may direct a contractor to accelerate the work, but only if the authority to do so is in the contract?
true
To prevail in a constructive acceleration claim, the contractor must prove that the notice requesting the time extension was timely filed and properly supported?
true
To prevail in a constructive acceleration claim, the contractor must prove that the project was completed prior to what the adjusted completion date would have been had the change order been timely granted by the owner?
true
With no contract provision for delays, the contractor who wants a cost adjustment must prove a breach of contract by the owner based on an implied warranty not to interfere with the contractor's performance?
true