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CIEN 248 - Construction Law > Midterm > Flashcards

Midterm Flashcards

1
Q

What is the MMCD?

A

master municipal construction document
-municipal work
-unit price contracts
-BC legal environment
-to be fair
-minimize risk for contractor

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2
Q

Contract Administrator

A

-represents the owner
-be impartial
-check the design

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3
Q

What is a bill?

A

a document submitted to parliament or provincial legislation for its consideration and or enactment. If approved it becomes law in the form of a statue.

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4
Q

What is an act?

A

A decree proclaiming a law in an area, passed by a competent legislative body, that may proclaim a new law,modify an existing law or repeal a previously existing law.

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5
Q

What is the CCDC?

A

Canadian Construction Documents Committee
-cost plus
-stipulated contract price
-unit-price
-design build-
-construction management
-civil works

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6
Q

What are the the benefits of using the CCDC?

A

-build trust
-simplify bidding
-allocate risk
-confident

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7
Q

What is voiding a contract?

A

-mistake in contract
-misrepresentation
-duress (improper pressure)
-unconscionability (unfair)
-Frustration

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8
Q

How can a contract be terminated?

A

-Performance
-frustration
-mutual agreement

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9
Q

What is law?

A

Rules made by the federal or provincial governments. Law means a rule of civil conduct; it commands what is right and prohibits what is wrong.

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10
Q

What are the 5 goals of law?

A

-fairness
-justness (fair and unbiased)
-recognize individual rights and freedoms while still balancing societal values
-be flexible, reasonable and adaptable
-helps define between what is right and what is wrong

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11
Q

What are the 3 contract types?

A

-Fixed price
-unit price (per one unit)
-cost plus (price for product + service fee)

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12
Q

What are the 2 conditions that need to exist for differing site conditions?

A

actual conditions encountered be different from either
-The conditions as described in the contract documents or
-The conditions that could be reasonably anticipated

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13
Q

When a differing site condition is encountered, what are the 5 steps the contractor needs to follow?

A

-stop work in the
-avoid disturbing the differ site condition
-give immediate verbal notification to owners/representative of site condition, added costs will be incurred because of the differing site
-follow-up verbal notification with a written notification within stated time frame
-proceed with work after proper authorization

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14
Q

What are the most commonly encountered subsurface conditions?

A

-presence of high water table
-unstable foundation materials
-rock where softer materials were expected
-undisclosed utility lines

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15
Q

What are the most commonly encountered above ground site conditions?

A

-survey markers or state locations are not correct
-hidden structural members or piping systems that are not exposed until after construction has started

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16
Q

What is the difference between Contract A and Contract B?

A

Contract A is giving to all parties that have submitted a bid and Contract B is only awarded to the successful bidder

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17
Q

What is a tender?

A

An invitation to bid for a project

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18
Q

What is a bid depository?

A

Is an organization used by owners,contractors and suppliers and is designed to facilitate bidding according to the rules

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19
Q

What is common law or “judge made law”?

A

Comprises legal principles that have their origin in court decisions. Courts apply legal principles based on decisions made from previous court decisions.

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20
Q

What is a Statute?

A

An act of a legislature: In Canada an act of a provincial legislature or the federal government. statues are the primary source of law

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21
Q

What is a Regulation?

A

A subordinate for a legislation allowing the government to carry out the purposes of the statute in question, without the necessity of enacting new statues. (standards and guidelines)

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22
Q

What is sole proprietorship?

A

A business owned and operated by one individual. (the simplest form of business)

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23
Q

What are the advantages and disadvantages of sole proprietorship?

A

Advantages
-low startup cost
-controlling decision making
-tax advantages
-all profits to owner
Disadvantages
-unlimited liability
-difficulty in raising capital

24
Q

What is Burden of proof?

A

Is the obligation to prove allegations which are presented in legal actions.

25
Q

Name some examples of Public law?

A

-theft
-attempted murder
-fraud
-criminal negligence

26
Q

Name some examples of Private law?

A

-conversion
-battery
-breach of contract
-personal injury or tort of negligence

27
Q

What are the 3 primary features of the Canadian Constitution?

A

-the creation of powers
-the division of powers
-the Canadian Charters of Rights and Freedoms

28
Q

T or F Laws relating to engineering most often fall within the provincial sphere of responsibility?

A

True

29
Q

T or F Laws relating to civil engineering may differ between provinces?

A

True

30
Q

What are the 3 main levels of Court in BC?

A

-supreme court of Canada
-B.C. supreme court
-provincial court (small claims)

31
Q

T or F In terms of statute law, judges do not make statute law, they only interpret them?

A

True

32
Q

Laws created by judges based upon principles of law and equity established/modified over hundreds of years are know as?

A

Common Law

33
Q

Which law system are the laws in B.C. primarily based on?

A

Common law system

34
Q

What is the theory of precedent?

A

the courts apply legal principles established in previous decision that involved similar situations or facts

35
Q

Name 2 specialized courts?

A

-tax court
-military court

36
Q

What is a change order?

A

Is the change of work that is proposed by the owner/contractor. Negotiate change in price or method prior to conducting the change of work

37
Q

What is a change directive?

A

It is used to direct the contractor to perform additional work when there is not an agreement on price. This is used to avoid progress delays

38
Q

What is extra work?

A

work that is outside of the contract

39
Q

What is additional work?

A

extra work required to meet conditions of the contract

40
Q

What is a partnership?

A

Is a legal relationship between person carrying a profit-motivated business

41
Q

What are the advantages and disadvantages of a partnership?

A

Advantages
-ease of formation
-limited regulation
-broader management base
-low start up cost

Disadvantages
-unlimited liability
-lack of continuity
-divided authority
-conflicts with partners

42
Q

What is tort law?

A

is a breach of a duty of care for another party where the breach causes injury or loss to party, independent of whether the two parties involved do not have a contract, for which the law provides a remedy. (donoghue vs stevenson)

43
Q

What is the purpose of a contract?

A

allocate risk and responsibility

44
Q

What are the 5 essential elements of a contract?

A

-offer
-acceptance
-consideration
-capacity
-lawful

45
Q

What are the 3 examples of lack of legal capacity?

A

-minors
-mental incompetence
-corporations

46
Q

What is negligence?

A

is a failure to take reasonable care
-owed a plaintiff a duty of care
-breach of duty of care
-loss or damages
-proximate cause of the plaintiffs loss

47
Q

Name the 3 intentional torts?

A

-fraud
-trespass
-defamation

48
Q

Name 2 unintentional torts?

A

-negligence
-negligent misrepresentation

49
Q

What is a corporation?

A

is a distinct-legal entity separate from its owners or shareholders. (can be described as a fictitious person)

50
Q

What are the advantages and disadvantages of a corporation?

A

Advantages
-limited liability
-specialized management
-continuous existence
-easier to raise capital
-separate legal entity

Disadvantages
-most expensive to build
-extensive records
-closely regulated

51
Q

What is estoppel?

A

is the legal principle that precludes a party from asserting something contrary to what is implied by a previous action or statement of that party

52
Q

what is the difference between fundamental breach and a simple breach?

A

Fundamental
-root of the contract

Simple breach
-does not effect the overall outcome of the project

53
Q

What is vicarious liability?

A

is the liability of a party for the acts or omissions of another party. It is usually used in the context of an employer being liable for the acts or omissions of its employee.

54
Q

What is contra proferentem?

A

is the rule of contractual interpretation that states that wherever a contract is ambiguous and there are two alternative interpretations, the courts will use the interpretation that favours the party that did not write the contract

55
Q

What are the 3 levels of provincial courts?

A

-B.C. court of appeal
-Supreme court of B.C.
-Provincial Court of B.C. (small claims under 25k)

56
Q

T or F a company name of a sole proprietorship can use a legal title that ends in “Ltd” , “Inc” or “Corp”?

A

False

57
Q

What is contributory negligence?

A

failure of an injured plaintiff to act prudently, considered to be a contributory factor in the injury suffered, and sometimes reducing the amount recovered from the defendant

CIEN 248 - Construction Law (1 decks)

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