Construction Law Exam 2 Questions With Complete
Solutions
According to the AIA 201-2007 document, which party obtains
a building permit? Correct Answers contractor
Every construction project involves which three elements?
Correct Answers 1) A legal right to improve property 2) A
design describing the intended improvement3) Implementation
of that design through the services of a constructor
Explain the primary differences betwwen the CM as Agent or
Advisor (CMa) and th CM as the Construction Manager (CMc)
delivery methods. Correct Answers Construction Manager is an
agent of the owner and CM@Risk the Construction Manager is
responsible for the delivery project on time and in budget.
How are both design contracts and construction contracts
usually obtained in public work projects? Correct Answers
Design Contracts - The owner issuing an RFQ/RFP, Brookes
Act. Construction Contracts - Lowest, responsive, responsible
bidder.
how does the brownfield act modify CERCLA and what
significance does that have for the construction industry?
Correct Answers to promote developments of urban sites by
creating safe harbors to CERCLA's strict liability
If a design professional is drafting specifications for public
works projects, what restrictions are made on her freedom of
design? Correct Answers Specs have to be written, in public
, works, so that there is no "sole source" provider. Specs must be
'open' enough that the free-market can thrive.
if an owner decides that all bids that have been submitted for a
project are too high what may that owner do? Correct Answers
Usually: reject all bids, redraw plans, rebid
In public contracts, how are bids opened? Correct Answers
Publicly, bid numbers are announced, low bidder is designated.
in the case Hoida, inc. v. Mel misstate Bank, what did the court
rule in regard to the sub contractors claim that a lender had a
duty to shield them from the contractors misconduct Correct
Answers The court ruled that construction lenders do not breach
a common law duty of care by making disbursements,
authorized by the owner, without first verifying that the subs had
been paid.
Regarding zoning reform and urban sprawl, what is smart
growth? Correct Answers A principle of land developments that
emphasizes mixing land uses; increase the availability of
affordable housing by creating range
what are five factors that the owner can take into account to
determine whether a company is a responsible bidder? Correct
Answers Expertise in the type of construction at hand. Financial
capability. Proper organization and key personnel. Reputation
for integrity. Adequate past performance.
Solutions
According to the AIA 201-2007 document, which party obtains
a building permit? Correct Answers contractor
Every construction project involves which three elements?
Correct Answers 1) A legal right to improve property 2) A
design describing the intended improvement3) Implementation
of that design through the services of a constructor
Explain the primary differences betwwen the CM as Agent or
Advisor (CMa) and th CM as the Construction Manager (CMc)
delivery methods. Correct Answers Construction Manager is an
agent of the owner and CM@Risk the Construction Manager is
responsible for the delivery project on time and in budget.
How are both design contracts and construction contracts
usually obtained in public work projects? Correct Answers
Design Contracts - The owner issuing an RFQ/RFP, Brookes
Act. Construction Contracts - Lowest, responsive, responsible
bidder.
how does the brownfield act modify CERCLA and what
significance does that have for the construction industry?
Correct Answers to promote developments of urban sites by
creating safe harbors to CERCLA's strict liability
If a design professional is drafting specifications for public
works projects, what restrictions are made on her freedom of
design? Correct Answers Specs have to be written, in public
, works, so that there is no "sole source" provider. Specs must be
'open' enough that the free-market can thrive.
if an owner decides that all bids that have been submitted for a
project are too high what may that owner do? Correct Answers
Usually: reject all bids, redraw plans, rebid
In public contracts, how are bids opened? Correct Answers
Publicly, bid numbers are announced, low bidder is designated.
in the case Hoida, inc. v. Mel misstate Bank, what did the court
rule in regard to the sub contractors claim that a lender had a
duty to shield them from the contractors misconduct Correct
Answers The court ruled that construction lenders do not breach
a common law duty of care by making disbursements,
authorized by the owner, without first verifying that the subs had
been paid.
Regarding zoning reform and urban sprawl, what is smart
growth? Correct Answers A principle of land developments that
emphasizes mixing land uses; increase the availability of
affordable housing by creating range
what are five factors that the owner can take into account to
determine whether a company is a responsible bidder? Correct
Answers Expertise in the type of construction at hand. Financial
capability. Proper organization and key personnel. Reputation
for integrity. Adequate past performance.
