Flashcards in Test #1 Review Deck (56):
What 3 things need to be in place for a contract to hold up in court?
1. Offer and acceptance
What are specifications?
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
What 4 things do bid documents include?
1. Contract documents
3. Bid form/instructions to bidders/invitation to bid
4. Conditions of the contract
What do contract documents include?
1. Drawings and specifications
3. Conditions of the contract
Name 4 different methods of constructing a building
4. Construction management
What does CCDC stand for?
Canadian Construction Documents Comittee
What are general conditions?
General conditions establish the responsibilities of all parties involved
What are supplemental conditions?
Changes, additions or deletions to the general conditions
Where do you find the bid form?
Bid documents -> bidding requirements-> instructions to bidders
What is CCDC2?
Stipulated price contract
What is CCDC2MA?
Master agreement between owner and contractor
What is CCDC3(A)?
What is CCDC4?
Unit price contract (often used for restoration projects)
What is CCDC5A?
Construction management contract - for services
What is CCDC5B?
Construction management contract - for services and construction
What is CCDC11?
Contractor’s qualification statement
What is CCDC12?
Project financial information
What is CCDC14?
Design-build stipulated price contract
What is CCDC15?
Design services between design-builder and consultant
What is CCDC17?
Stipulated price contract between trade contractors on construction management projects
What is CCDC18?
Civil works contract
What is CCDC9A?
Statutory declaration of progress payment distribution - by contractor
What is CCDC9B?
Statutory declaration of progress payment distribution - by sub contractor
What are the 3 types of public law?
What are the 3 types of private law?
What are the 5 elements of a contract?
1. Offer and acceptance
2. Mutual intent
4. Capacity to contract
What is tort liability?
Legal obligation of one party to a victim as a result of a civil wrong
What is duty of care?
Legal obligation to provide a reasonable standard of care
What is intentional tort?
Intentional harm done by one person to another
What is negligence tort?
Failure to maintain a reasonable standard of care
What is strict liability tort?
Responsibility of committed act regardless of the persons intention
What is vicarious liability?
Someone is held responsible for the actions of another person
What is a sole proprietorship?
This is when one person owns and operates a business and assumes full liability of the company
What is assigned to you by the provincial government when you register a business?
A business number (BIN)
If one person in a general partnership gambles and loses all the company’s money, are you liable to pay it all off?
Absolutely. All partners are 100% liable
What is a corporation?
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.)
What is a joint venture?
This is done for large projects, two or more parties come together to pool their resources/assets to build this project
Wood, plastics and composites
Thermal and moisture protection
What are you required to have if you are going to remove a buried oil tank?
License, registration and permits from the government
What law do you sue someone under if they refuse to pay you for the work you have done but have no contract?
What is the name of terms written into a contract or oral promise?
Are implied terms written into the contract agreement?
No, express terms are
What is bid shopping?
When a general contractor uses a bid from one subcontractor to get other subcontractors to lower their bids
What do exclusion clauses generally try to limit?
Tort liability for breaches in contract
What is a privilege clause?
This states that the lowest bid doesn’t have to be accepted
Who determines the recission of a contract?
Court of law (or if both parties agree to it)
What is contra preferentem?
Ambiguity in the contract documents will be interpreted against the party who prepared them