Test #1 Review Flashcards Preview

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Flashcards in Test #1 Review Deck (56):
1

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

1. Offer and acceptance
2. Legality
3. Consideration

2

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

3

What 4 things do bid documents include?

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

4

What do contract documents include?

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

5

Name 4 different methods of constructing a building

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

6

What does CCDC stand for?

Canadian Construction Documents Comittee

7

What are general conditions?

General conditions establish the responsibilities of all parties involved

8

What are supplemental conditions?

Changes, additions or deletions to the general conditions

9

Where do you find the bid form?

Bid documents -> bidding requirements-> instructions to bidders

10

What is CCDC2?

Stipulated price contract

11

What is CCDC2MA?

Master agreement between owner and contractor

12

What is CCDC3(A)?

Cost-plus contract

13

What is CCDC4?

Unit price contract (often used for restoration projects)

14

What is CCDC5A?

Construction management contract - for services

15

What is CCDC5B?

Construction management contract - for services and construction

16

What is CCDC11?

Contractor’s qualification statement

17

What is CCDC12?

Project financial information

18

What is CCDC14?

Design-build stipulated price contract

19

What is CCDC15?

Design services between design-builder and consultant

20

What is CCDC17?

Stipulated price contract between trade contractors on construction management projects

21

What is CCDC18?

Civil works contract

22

What is CCDC9A?

Statutory declaration of progress payment distribution - by contractor

23

What is CCDC9B?

Statutory declaration of progress payment distribution - by sub contractor

24

What are the 3 types of public law?

1. Criminal
2. Administrative
3. Constitutional

25

What are the 3 types of private law?

1. Contract
2. Tort
3. Property

26

What are the 5 elements of a contract?

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

27

What is tort liability?

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

28

What is duty of care?

Legal obligation to provide a reasonable standard of care

29

What is intentional tort?

Intentional harm done by one person to another

30

What is negligence tort?

Failure to maintain a reasonable standard of care

31

What is strict liability tort?

Responsibility of committed act regardless of the persons intention

32

What is vicarious liability?

Someone is held responsible for the actions of another person

33

What is a sole proprietorship?

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

34

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

A business number (BIN)

35

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

36

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.)

37

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

38

Division 3

Concrete

39

Division 4

Masonry

40

Division 5

Metals

41

Division 6

Wood, plastics and composites

42

Division 7

Thermal and moisture protection

43

Division 8

Openings

44

Division 9

Finishes

45

Division 22

Plumbing

46

Division 26

Electrical

47

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

License, registration and permits from the government

48

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

Quantum merit

49

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

Express terms

50

Are implied terms written into the contract agreement?

No, express terms are

51

What is bid shopping?

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

52

What do exclusion clauses generally try to limit?

Tort liability for breaches in contract

53

What is a privilege clause?

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

54

Who determines the recission of a contract?

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

55

What is contra preferentem?

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

56

When can you not use contra preferentem?

If it is a negotiated contract