EXAM COMPLETE 260 QUESTIONS AND CORRECT
DETAILED ANSWERS (VERIFIED ANSWERS)
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What case is this?
- State argued that Spearin did not apply to CMAR Contract.
- Appellate court found that Spearin did apply to CMAR.
Coughlin Electrical Contractors V. Gilbane (2015)
________ Owner causes performance of work beyond scope of contract but does
not
recognize contractor's entitlement to a change order.
Constructive Changes
Owner causes performance of work beyond _______ but does not recognize
contractor's entitlement to a change order.
Scope of Contract
,Which Constructive Changes Step is this?
"Contractor has time or cost impact for something it did not
anticipate." Step 1
Which Constructive Changes Step is this?
"Files request for change order."
Step 2
Which Constructive Changes Step is this?
"Request is denied by owner."
Step 3
Which Constructive Changes Step is this?
"Contractor follows process in Changes Clause to submit its claim for
relief." Step 4
,- defective specifications (Spearin).
- Disputes over contract interpretation.
- Superior knowledge.
- Breach of implied duties of good faith, fair dealing, and cooperation.
- Constructive
acceleration. These are all
types of _____ ______
Constructive Changes
Resolution in disputes over contract interpretation typically involves
looking at the requirement through the eyes of a(n) _.
reasonable bidder.
Technical requirements are written perfectly and can be subject to different
meanings to different people.
True or False?
False
"never written perfectly"
___________ what the parties do during the performance of this contract.
a.) Course of Performance
b.) Course of Conduct
c.) Terms of Art
a.) Course of Performance
, ___________ what the parties do during the performance of other similar contracts.
a.) Course of Performance
b.) Course of Conduct
c.) Terms of Art
b.) Course of Conduct
___________ the use of a word in a specific industry.
a.) Course of Performance
b.) Course of Conduct
c.) Terms of Art
c.) Terms of Art
- Failing to manage multiple prime contractors.
- Overzealous inspections.
- Using undue leverage in a negotiation position.
These are examples of breaches of ___ _.
Implied Duties
_______ risk is one of the major risks on projects.
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