"DIFFERING SITE CONDITIONS" Correct Answers This
clause also normally applies to any physical site condition found
during contract performance that materially differs from those
indicted in the contract documents or from conditions normally
encountered in the type of work of the contract.
Another way to separate or distinguish one prime construction-
related contract from another is by the nature of the contractual
services that each involves. Correct Answers True
Associated General Contractors Contracts Correct Answers The
AGC Standard Form Prime Contract Between Owner and
Contractor is recommended for use by the Associated General
Contractors of America (AGC).
Change Clause Correct Answers The clause generally defines
owner's right to change the contract unilaterally, places
limitations on that right, establishes the contractor's duty to
perform change, and the contractor's right to be aid for
performing the change.
CM Correct Answers Construction Manager (CM) normally
furnishes purely professional services as an agent of the owner
and does not perform significant actual construction work.
Concept of Promissory Estoppel Correct Answers Promissory
estoppel is based on the concept of equity and requires that one
who has placed another in a changed and untenable position by
, promising a certain performance is "estopped" from, denying the
performance.
Conflicts with Seller's Sale Quotations Correct Answers A
"battle of forms" may later develop when there are conflicts in
boilerplate - that is, when the fine print on the back of preprinted
vendor's sales quotation documents conflicts with similar
boilerplate on the back of preprinted purchase order document.
Construction-related prime contracts involve owners,
architect/engineers, construction managers, and construction
contractors. Correct Answers True
Dispute resolution Correct Answers A well drafted dispute
resolution clause spells out precisely what steps the contractor
and owner are required to take to resolve disputes between them,
usually defining time limits within various procedural steps must
be initiated.
Doctrine of Mistake Correct Answers the bidder on federal
contracts and in most states may be relieved of the duty to
perform the contract and, in certain circumstances, may be
allowed to correct the bid and still be awarded the contract.
Employer's Liability Section Correct Answers Under this
section of the policy, the insurer agree to assume any other
liability that the insured employer may have in addition to those
imposed by the worker's compensation law.
Escalation Provisions Correct Answers The essential idea of an
escalation provision is that, in order to induce a lower bid price,