Quiz 4 Review Flashcards
(26 cards)
What are Little Miller Acts
Based on the federal Miller Act, a statute by each state that requires state contracts to include bonding for payment and performance
What is a Sheriff’s Sale
A public auction conducted by the Sheriff on a property being sold to satisfy a court-imposed judgment of debt
What is Release of Liens
This is submitted with the payment application and states that if paid for this portion of work then the sub won’t lien
What is a Stop Notice
This is attached to money rather than a structure and is issued to avoid a lien on a federal project. subs/suppliers filing this can intercept money paid from the Owner to Contractor
What is 30-90 days long
Although they vary among states the Statute of Limitations to file a lien is typically this long from the date of the last improvement
What is intentional
This type of civil wrong is when the party committing the wrong clearly understands the act to be wrong
What is contribution negligence
A law placing responsibility for damages upon the Owner of a property if children trespass and are injured due to unprotected and dangerous material, equipment, or conditions on the property
What is Deep Pockets
The party with the best financial position and thus considered capable of carrying the cost for all the parties that are responsible for certain damages
What is the Hold Harmless Clause
A statement within a contract in which the party signing the contract will not hold the entity that created the Contract responsible for injuries sustained as a result of the Contract operations
What is contribution negligence
Two or more parties are responsible for the same damages
What is the Civil Rights Act
Major legislation passed in 1964 outlawing discrimination on the basis of race, religion, national origin, and gender
What is the Clean Air Act
1970 and subsequent legislation that gives the Environmental Protection agency the authority to write regulations to eliminate airborne contaminants
What is the Clean Water Act
1972 legislation governing the release of pollutants into the waterways
What is the Davis-Bacon Act
1931 law passed by Congress requiring workers be paid a prevailing wage for each craft employed on a project receiving Federal funding
What are Age Discrimination in Employment Act (ADEA)
A 1967 law prohibiting discrimination of anyone on the basis of age
What is Affirmative Action
Regulations that require taking positive actions in regard to portions of the population that have previously suffered from discrimination practices
Who is the Compliance Officer
OSHA inspector charged with making sure projects are complying with current standards of safety
What are Jurisdictional disputes
Conflicts involving which union will perform certain work on a project or in a region
What is Open Shop
Also known as merit shop, an employer that does not place the condition of being part of a union for employment
What is the Portal to Portal Act
Defines what is and is not compensable under Fair Labor Standards Act (FLSA) related to travel to and from employment
What are “As-built” drawings
Documents detailing changes in the actual in-place construction from what was originally shown on the Contract documents
What is Pareto Principle
In construction, the concept that 80% of the effort is consumed on the last 20% of the project
What is the surety
On bonded work, this party is often required to consent to final payment
What is the Consent of Surety for Final Payment
Formal document from surety to Owner agreeing that final payment can be made to constructor, but acknowledging all legal obligations of the surety remain in place
