Test #1 Review Flashcards Preview

Contracts And Specifications > Test #1 Review > Flashcards

Flashcards in Test #1 Review Deck (56)
Loading flashcards...
1
Q

What 3 things need to be in place for a contract to hold up in court?

A
  1. Offer and acceptance
  2. Legality
  3. Consideration
2
Q

What are specifications?

A

Written description of the work to be performed by the contractor. Means and methods of how things are to be done. They accompany the drawings and form part of the contract documents

3
Q

What 4 things do bid documents include?

A
  1. Contract documents
  2. Addendum
  3. Bid form/instructions to bidders/invitation to bid
  4. Conditions of the contract
4
Q

What do contract documents include?

A
  1. Drawings and specifications
  2. Contract
  3. Conditions of the contract
5
Q

Name 4 different methods of constructing a building

A
  1. Design-bid-build
  2. Design-build
  3. Cost-plus
  4. Construction management
6
Q

What does CCDC stand for?

A

Canadian Construction Documents Comittee

7
Q

What are general conditions?

A

General conditions establish the responsibilities of all parties involved

8
Q

What are supplemental conditions?

A

Changes, additions or deletions to the general conditions

9
Q

Where do you find the bid form?

A

Bid documents -> bidding requirements-> instructions to bidders

10
Q

What is CCDC2?

A

Stipulated price contract

11
Q

What is CCDC2MA?

A

Master agreement between owner and contractor

12
Q

What is CCDC3(A)?

A

Cost-plus contract

13
Q

What is CCDC4?

A

Unit price contract (often used for restoration projects)

14
Q

What is CCDC5A?

A

Construction management contract - for services

15
Q

What is CCDC5B?

A

Construction management contract - for services and construction

16
Q

What is CCDC11?

A

Contractor’s qualification statement

17
Q

What is CCDC12?

A

Project financial information

18
Q

What is CCDC14?

A

Design-build stipulated price contract

19
Q

What is CCDC15?

A

Design services between design-builder and consultant

20
Q

What is CCDC17?

A

Stipulated price contract between trade contractors on construction management projects

21
Q

What is CCDC18?

A

Civil works contract

22
Q

What is CCDC9A?

A

Statutory declaration of progress payment distribution - by contractor

23
Q

What is CCDC9B?

A

Statutory declaration of progress payment distribution - by sub contractor

24
Q

What are the 3 types of public law?

A
  1. Criminal
  2. Administrative
  3. Constitutional
25
Q

What are the 3 types of private law?

A
  1. Contract
  2. Tort
  3. Property
26
Q

What are the 5 elements of a contract?

A
  1. Offer and acceptance
  2. Mutual intent
  3. Consideration
  4. Capacity to contract
  5. Legality
27
Q

What is tort liability?

A

Legal obligation of one party to a victim as a result of a civil wrong

28
Q

What is duty of care?

A

Legal obligation to provide a reasonable standard of care

29
Q

What is intentional tort?

A

Intentional harm done by one person to another

30
Q

What is negligence tort?

A

Failure to maintain a reasonable standard of care

31
Q

What is strict liability tort?

A

Responsibility of committed act regardless of the persons intention

32
Q

What is vicarious liability?

A

Someone is held responsible for the actions of another person

33
Q

What is a sole proprietorship?

A

This is when one person owns and operates a business and assumes full liability of the company

34
Q

What is assigned to you by the provincial government when you register a business?

A

A business number (BIN)

35
Q

If one person in a general partnership gambles and loses all the company’s money, are you liable to pay it all off?

A

Absolutely. All partners are 100% liable

36
Q

What is a corporation?

A

It is it’s own legal entity, people can own shares in a corporation, and it has the same right as a person (to sue, be sued, own property etc.)

37
Q

What is a joint venture?

A

This is done for large projects, two or more parties come together to pool their resources/assets to build this project

38
Q

Division 3

A

Concrete

39
Q

Division 4

A

Masonry

40
Q

Division 5

A

Metals

41
Q

Division 6

A

Wood, plastics and composites

42
Q

Division 7

A

Thermal and moisture protection

43
Q

Division 8

A

Openings

44
Q

Division 9

A

Finishes

45
Q

Division 22

A

Plumbing

46
Q

Division 26

A

Electrical

47
Q

What are you required to have if you are going to remove a buried oil tank?

A

License, registration and permits from the government

48
Q

What law do you sue someone under if they refuse to pay you for the work you have done but have no contract?

A

Quantum merit

49
Q

What is the name of terms written into a contract or oral promise?

A

Express terms

50
Q

Are implied terms written into the contract agreement?

A

No, express terms are

51
Q

What is bid shopping?

A

When a general contractor uses a bid from one subcontractor to get other subcontractors to lower their bids

52
Q

What do exclusion clauses generally try to limit?

A

Tort liability for breaches in contract

53
Q

What is a privilege clause?

A

This states that the lowest bid doesn’t have to be accepted

54
Q

Who determines the recission of a contract?

A

Court of law (or if both parties agree to it)

55
Q

What is contra preferentem?

A

Ambiguity in the contract documents will be interpreted against the party who prepared them

56
Q

When can you not use contra preferentem?

A

If it is a negotiated contract