legal aspects final exam 2023 with complete solution
The right or authority granted over a geographical region
Jurisdiction
Type of law which is written and set by our governmental legislature
statute law
Which type of contracts do we typically use in construction (hint, there are 2 to
choose from)
Bilateral, Express
A term which indicates a contract can become binding in spite of no formal
agreement being in place - a contract exists based mostly on actions/behaviors of
parties.
estoppel
A contract element which allows for agreement on basic meaning and legal
implications of the contract, and eliminates "mistakes of fact" prior to entering
into contract:
Meeting of the minds
A government entity (not in all states) cannot be sued without its consent due to:
Sovereign Immunity
T or F. To form a Proprietorship, formal documents are required to establish the
business.
False
T or F. An oral agreement is a sufficient means of forming a Partnership (meaning
no formal documentation is required).
True
A legal entity (or business) created to act as an individual, and is also viewed as
an artificial tax-paying individual.
Corporation
Contracting method where an owner hires a Contractor and Design Firm
(Architect/Engineer) as a single contract to utilize the construction firm's
experience in the designing phases.
Design/ build
High Risk/High Reward
GC
More open-book style of cost control.
CM at risk
Allows for Contractor input during design
CM at risk
Plans and Specs should be close to 100% complete before construction starts (or
before Contractor sees them at least)
GC
Incentivizes Contractor to abuse Subs, cut corners and look for loopholes
GC
May risk losing money in pre-construction due to amount of time spent on it and
not see the project actually take place
CM at risk
, Seen as having a stronger and fair market competition for bidding
GC
Low Risk/Low Reward
CM at risk
Typically stronger relationship environment between the Owner/AE/Contractor
CM at risk
Which type of lien waiver states that full payment has been received and there is
no claim of lien against the homeowners' property.
Full unconditional
A contracting method where the Owner is usually represented by a firm who is
responsible for the drawings (and other contract documents), and the owner's
contract is direct with the general contractor.
General contract
Legal right to limited use of a property.
Easement
In which type of contracting method is the Contractor NOT responsible for means
and methods of construction activities since they are not directly contracted with
the subcontractors, but instead acts as an adviser (or representative) to the
Owner?
CM as agent
A form of augmenting or supporting the standard Contract Documents.
supplemental conditions
Defines specific administrative protocols and processes directly associated with
a given (or specific) project.
general requirements
Establishes rights, authorities, and obligations of contracting parties.
General conditions
Due to the Construction Lien Act, there is a required process involving 4
documents in sequential order that must be properly completed in order to file a
claim of lien. List the 4 documents in chronological order by matching them with
the proper number (1 is first in order, 4 is last in order):
1. Notice of Commencement, 2. Notice of Furnishing, 3. Sworn Statement, 4. Proof of
Service of Notice of Furnishing
Updates to plans/specs throughout course of project as changes are made, to
ensure the final product that was constructed matches a final set of documents.
as-builts
Assures that products being installed meet design requirements.
submittals
Helps owners understand how to work, and take care of, the equipment installed
so it continues to meet the design intent.
O&M Manual
Legal right to pass along a specific route through a series of connected parcels.
right of way
Legal right of government to take possession of private property for public
benefit.
Eminent Domain
The right or authority granted over a geographical region
Jurisdiction
Type of law which is written and set by our governmental legislature
statute law
Which type of contracts do we typically use in construction (hint, there are 2 to
choose from)
Bilateral, Express
A term which indicates a contract can become binding in spite of no formal
agreement being in place - a contract exists based mostly on actions/behaviors of
parties.
estoppel
A contract element which allows for agreement on basic meaning and legal
implications of the contract, and eliminates "mistakes of fact" prior to entering
into contract:
Meeting of the minds
A government entity (not in all states) cannot be sued without its consent due to:
Sovereign Immunity
T or F. To form a Proprietorship, formal documents are required to establish the
business.
False
T or F. An oral agreement is a sufficient means of forming a Partnership (meaning
no formal documentation is required).
True
A legal entity (or business) created to act as an individual, and is also viewed as
an artificial tax-paying individual.
Corporation
Contracting method where an owner hires a Contractor and Design Firm
(Architect/Engineer) as a single contract to utilize the construction firm's
experience in the designing phases.
Design/ build
High Risk/High Reward
GC
More open-book style of cost control.
CM at risk
Allows for Contractor input during design
CM at risk
Plans and Specs should be close to 100% complete before construction starts (or
before Contractor sees them at least)
GC
Incentivizes Contractor to abuse Subs, cut corners and look for loopholes
GC
May risk losing money in pre-construction due to amount of time spent on it and
not see the project actually take place
CM at risk
, Seen as having a stronger and fair market competition for bidding
GC
Low Risk/Low Reward
CM at risk
Typically stronger relationship environment between the Owner/AE/Contractor
CM at risk
Which type of lien waiver states that full payment has been received and there is
no claim of lien against the homeowners' property.
Full unconditional
A contracting method where the Owner is usually represented by a firm who is
responsible for the drawings (and other contract documents), and the owner's
contract is direct with the general contractor.
General contract
Legal right to limited use of a property.
Easement
In which type of contracting method is the Contractor NOT responsible for means
and methods of construction activities since they are not directly contracted with
the subcontractors, but instead acts as an adviser (or representative) to the
Owner?
CM as agent
A form of augmenting or supporting the standard Contract Documents.
supplemental conditions
Defines specific administrative protocols and processes directly associated with
a given (or specific) project.
general requirements
Establishes rights, authorities, and obligations of contracting parties.
General conditions
Due to the Construction Lien Act, there is a required process involving 4
documents in sequential order that must be properly completed in order to file a
claim of lien. List the 4 documents in chronological order by matching them with
the proper number (1 is first in order, 4 is last in order):
1. Notice of Commencement, 2. Notice of Furnishing, 3. Sworn Statement, 4. Proof of
Service of Notice of Furnishing
Updates to plans/specs throughout course of project as changes are made, to
ensure the final product that was constructed matches a final set of documents.
as-builts
Assures that products being installed meet design requirements.
submittals
Helps owners understand how to work, and take care of, the equipment installed
so it continues to meet the design intent.
O&M Manual
Legal right to pass along a specific route through a series of connected parcels.
right of way
Legal right of government to take possession of private property for public
benefit.
Eminent Domain
