CM 4211
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The general rule is that an offer cannot be withdrawn once it has been given?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
