OREGON CONSTRUCTION CONTRACTORS CCB TEST QUESTIONS WITH 100% CORRECT ANSWERS!!

A person who engages in a business or activity that involves construction new water wells must possess a license from the: - ANS Oregon Water Resource Department (OWRD) True or False Prompt billing and prompt collections make for a healthier cash flow. - ANS True Oregon OSHA consultants WILL NOT: - ANS Issue citations or propose penalties for violations of OSHA standards. 1) Questions to answer when preparing your project schedule include all of these except: - All of these are questions to ask - What equipment will be needed? - How long will each task take to complete? - What type of crew will be needed to complete the activity? - ANS - All of these are questions to ask - What equipment will be needed? - How long will each task take to complete? - What type of crew will be needed to complete the activity? For Notice of Right Lien purpose, a commercial improvement is defined as: - ANS A structure that is not used or intended for use as a residential building I am the residential original contractor and I provide labor and materials for the project. Who do I need to give a notice of Right to Lien to? - ANS Mortgagee A quantity survey is also referred to as a: - ANS Take Off Tagout involves placing a warning tag: - ANS On an energy-isolation device Other than Take Off, other common construction estimate types include all, except: - ANS Ballpark Estimates True or False An on-site of host employer is responsible for ensuring a safe place of employment for leased or temporary workers. - ANS True The state unemployment tax rate varies base on: - ANS The history of unemployment claims against the employer. Stop work order violations can result in: - ANS - Any of these could be the result of failure to comply with a stop work order. - Court action - Permit or license revocation - Civil penalties The ___________________ gives an overview of the project, deadlines, and general requirements. - ANS Invitation to Bid "Job Logic" refers to: - ANS The sequence of work True or False Self-employment taxes apply to all forms of business entities. - ANS False - Money earned and money spent are accounted for in the year they are received or paid, respectively. - ANS In the Cash Method The Itemized Summary is the basis for: - ANS A complete and accurate estimate of project costs and lists all major items of work in the order they are to be performed. A major difference between the EIN and the BIN is: - ANS One is federal and one is state Poor construction and storage practices can result in _________________ inside the structure walls. - ANS Molds and fungus Builders now must use corrosion-resistance flashing in these specified locations, except: - ANS Surrounding all interior bedroom doors. Compliance with environmental regulations can protect a contractor from: - All of these are correct - Private party lawsuits - Criminal and civil penalties - Liability claims - ANS - All of these are correct - Private party lawsuits - Criminal and civil penalties - Liability claims Using the Quantity Take-Off method for estimating, you begin by estimating the cost of _________________ for each individual task. - ANS Labor and materials Contractors must apply for permits through: - ANS Their local building department A cost effective method for managing material costs and keeping inventory costs down is the: - ANS JIT - Just In Time These are materials prohibited form open burning in Oregon except for: - ANS Unpainted and untreated scrap wood An owner-seller may comply with the Homebuyers Protection Act (HPA) by: - Doing any of these - Purchasing title insurance that does not exclude filed or unfiled claims of lien, - Obtaining lien waivers or releases - Retaining at least 25% of the sales price in escrow - ANS - Doing any of these - Purchasing title insurance that does not exclude filed or unfiled claims of lien, - Obtaining lien waivers or releases - Retaining at least 25% of the sales price in escrow What are the possible consequences that a contractor may face if he or she fails to provide the information to the Owner About Construction Liens when required? - All of these are correct - Contractor may be fined - Contractor may lose lien rights - Contractor may have CCB license suspended - ANS - All of these are correct - Contractor may be fined - Contractor may lose lien rights - Contractor may have CCB license suspended Withheld taxes are considered to be "_____________" funds that do not belong to the business and cannot be used for any other purpose. - ANS Trust The major purpose of the building exterior shell is to: - ANS Provide protection for the building at its exterior boundaries and to enclose a suitable interior environment A project manager can be involved in more than one construction project at the same time. - ANS True The building exterior shell may consist of: - All of these are part of the building exterior shell - Only windows and doors - Only exterior wall assemblies - Only roof assemblies - ANS - All of these are part of the building exterior shell - Only windows and doors - Only exterior wall assemblies - Only roof assemblies Who is responsible for preparing the SDS? - ANS The chemical manufacturer Project includes everything but: - ANS Annual office staff salaries True or False "White goods" include water heater, refrigerator, kitchen stoves, dishwashers, washing machines, and clothes dryers. - ANS True Under the completed contract method (CCM), these are deferred until the project is complete except: - All of these are deferred until completion - Profits of losses - Revenue - Costs - ANS - All of these are deferred until completion - Profits of losses - Revenue - Costs _______________ is not part of the Project Closeout process - ANS Posting formal notice of the site safety rules. The income statement, cash flow statement, and balance sheet are your business's "______________" - ANS Report cards Minor labels is a less expensive permitting process available only to: - ANS Licensed plumbing and electrical contractors. The building Code Division is supported by _____ committees. - ANS 7 A commercial specialty contractor level 1 endorsement requires a minimum of _______ years of experience / qualifying substitute education. - ANS 8 A small commercial structure is: - All of these are small commercial structures - Any appurtenance to a small commercial structure - A nonresidential structure with a ground area of 10,000 square feet or less and the structure is not more than 20 feet tall - A nonresidential unit in a large structure if the unit is 12,000 square feet or less and the unit is not more than 20 feet tall - ANS - All of these are small commercial structures - Any appurtenance to a small commercial structure - A nonresidential structure with a ground area of 10,000 square feet or less and the structure is not more than 20 feet tall - A nonresidential unit in a large structure if the unit is 12,000 square feet or less and the unit is not more than 20 feet tall True or False A license can change business entities without changing CCB license number(s). - ANS False Which of these is NOT a special entity license of certification: - ANS Registered architect A party is most likely to be considered an independent contractor if the party: - ANS Is free from direction and control, beyond the right of the service recipient to specify the desired result Which of the following persons must have a contractor's license? - ANS A person who for money cleans chimneys Which of these is not a violation subject to penalty from the CCB? - ANS Failure to complete a job on original deadline date To file a complaint, an owner of a new structure has: - ANS One year after the date the structure was first occupied or two years after completion (whichever is first) Complaints are accepted only when specific relationships exist, including: - All of these are qualifying relationships - The respondent contractor must have been licensed during all or part of the work period - A direct contract relationship between the party filing the complaint and the contractor - An employment relationship between the complainant and the employer - ANS - All of these are qualifying relationships - The respondent contractor must have been licensed during all or part of the work period - A direct contract relationship between the party filing the complaint and the contractor - An employment relationship between the complainant and the employer True or False A material or equipment supplier can file a complaint through the CCB against a licensed contractor for non-payment of materials purchased. - ANS True True or False The CCB will accept and determine damages against an unlicensed contractor. - ANS False True or False AN exempt contractor may employ as many individuals as desired regardless as to whether the employees are family members. - ANS False Which of the following individuals is NOT required to have a contractor's license? - None of these are required to have a contractor's license - An owner who contracts for work to be performed by a licensed contractor - A registered architect - A licensed landscape contractor building a deck - ANS - None of these are required to have a contractor's license - An owner who contracts for work to be performed by a licensed contractor - A registered architect - A licensed landscape contractor building a deck A residential contractor who has been licensed for four years must take a total of _________ hours of training which may include construction business practices, safety and codes. - ANS 16 A contractor who performs work for an owner of a residential structure must have a written contract with the owner if the contract price is more than: - ANS $2000 A CCB surety bond is: - ANS A promise by bonding agency to provide limited payment to a consumer if a contractor fails to pay a CCB determination True or False A licensed contractor is required to maintain insurance for third parties. - ANS True A Responsible Managing Individual is: - ANS Either an owner or the business that is applying for the licesne or an employee that is designated by the applicant. A sole proprietor may have: - ANS 1 Owner The different forms of business entities available to structure your business include: - Sole Proprietorships - Partnerships - All of these forms are available - Limited Liability Companies - ANS - Sole Proprietorships - Partnerships - All of these forms are available - Limited Liability Companies Corporation forms considered for small businesses include types: - ANS "C" and "S" True or False Your business entity form has little impact on your business. - ANS False A person is disqualified from receiving unemployment benefits for any of the these except: - A single controlled substance abuse violation if that person is participating in a recognized drug rehabilitation program - Misconduct - Multiple controlled substance abuse violations in a 12-month period - Voluntarily abandoning the job without good cause - ANS A single controlled substance abuse violation if that person is participating in a recognized drug rehabilitation program When an employer discharges an employee or terminates by mutual agreement, all of the employee's unpaid wages must be paid by: - ANS End of the next business day following discharge or termination The form used for documenting an employee's eligibility to work is called: - ANS I-9 True or False Collecting workers' compensation requires an injured employee to prove the employer was at fault for the injury. - ANS False The Oregon Family and Medical Leave Act (OFLA), provides upaid leave of absence for up to 12 weeks to eligible employees of Oregon employers for certain family and medical reasons. Eligible employees may request OFLA leave for which of the following qualifying purposes? - ANS Leave for serious health conditions Questions you should not ask in an interview include all except: - ANS How many years' experience do you have in your field? There are requirements as to when and how an employer may take deductions from an employees' paycheck. Which of the following is an allowed deduction? - ANS Charitable Contributions Which of these is NOT a sound job site rule policy? - The Job site is to be kept clean and free of debris - All work must comply with all applicable codes, drawings/plans, and specifications - All of these are sound job site rule policies - Do not salvage any items form the site without prior authorization - ANS - The Job site is to be kept clean and free of debris - All work must comply with all applicable codes, drawings/plans, and specifications - All of these are sound job site rule policies - Do not salvage any items form the site without prior authorization BOLI applies a test commonly known as the "economic realities" test to determine if: - ANS An individual is an employee or a business or an independent contractor True or False Subcontractors are employees of the contractor - ANS False True or False Mediation is not binding - ANS True ____________ Is a term of a contract, either expressly stated by the parties or implied by law. - ANS Covenant A valid offer requires three things. Which of the following is one of those requirements? - ANS Intent Damages are limited to those which are foreseeable. Which of the following examples exhibits an unforeseeable damage? - ANS Homeowner suffers from a heart attack which can be attributed to stress induced by the contractor's poor craftsmanship in building a new home. The most common form of construction contracting is called: - ANS Single Prime One of the four elements of contract law is - ANS Consideration Contracts with residential property owners for over ___________ must be in writing under CCB rules. - ANS $2,000 If a contractor solicits his services at the conusmer's home, the buyer has _____ days to cancel the contract. - ANS 3 days What are the advantegs to progress payments? - Protect the owner by holding the contractor responsible for following the planned schedule. - All of these are correct - Protect both Parties in the event of a contract breach on either side. - Allow the contractor to pay for labor and materials expenditures as they occur. - ANS - Protect the owner by holding the contractor responsible for following the planned schedule. - All of these are correct - Protect both Parties in the event of a contract breach on either side. - Allow the contractor to pay for labor and materials expenditures as they occur. The CCB is Governed by a ____#___ member board appointed by the Governor and confirmed by the Oregon State Senate. - 8 - 9 - 10 - 7 - ANS 9 Contractors who have both endorsements need to fulfill the continuing education requirements: - For commercial contractors only (with residential credits counting toward the commercial requirements) - Fully and separately for each endorsement - For residential requirements only. - For commercial-specific course only - ANS For commercial contractors only (with residential credits counting toward the commercial requirements) Complaints are accepted only when specific relationships exist between the party filling the complaint and the contractor, and included all except: - A direct contract relationship between the party filling the complaint and the contractor - An employment relationship between the complainant and the employer - A trustee who is authorized to receive employee benefit payments from the contractor for the benefit of the contractor's employee - An owner and a contractor who has never been licensed - ANS An owner and a contractor who has never been licensed Which one of the following entities is required to carry workers compensation? - An LLC when all members are family members, with no employees - A corporation with two members that are not family and is classified as a residential contractor - A limited liability partnership when all four employees are family members, but not members of the LLP - A sole proprietor who does not have any employees and only works on residential homes - ANS A limited liability partnership when all four employees are family members, but not members of the LLP If the license is currently active, or the contractor wants to reactivate an inactive license, the following must be on file in order to renew: - A current Certificate of Insurance in the proper amount - All of these are needed - Evidence of completed continuing education - A current bond in the proper amount - ANS All of these are needed Items to include in a Project Manuel generally would include all except: - Employee personnel files - Change orders - Supplements & addenda to bids - Invitation to bid - ANS Employee personnel files The owner of an existing structure can file a complaint regarding construction within one year after the date: - Payment for the job clears - Hiring the contractor - Discovering the problem - The work was substantially complete - ANS The work was substantially complete A commercial specialty contractor level 1 is a contractor whose business: - Requires the use of two or fewer unrelated business trades and who undertakes or offers to undertake work in connection with residential or small commercial structures - Is developing that is zoned for a intended for use compatible with a residential or small commercial structure - Requires use of two or fewer unrelated business trades and who undertakes or offers to undertake work in connection with small or large commercial structures - (including subcontractors) requires the use of more than two unrelated business trades and who undertake or offers to undertake work in connection with small or large commercial structure - ANS Requires use of two or fewer unrelated business trades and who undertakes or offers to undertake work in connection with small or large commercial structures True or False Exempt commercially endorsed contractors are NOT required to have worker's comp insurance with personal election coverage - ANS False An employee/person is NOT disqualified from unemployment benefits if: - The person was dismissed for misconduct - The person was laid off - The person was dismissed for more than one controlled substance abuse in a 12-month span - The person voluntarily left without good cause - ANS The person was laid off Failure to fully and properly comply with a material portion of contract is called: - Insufficient funds - An extension - Breach of contract - A void of contract - ANS Breach of contract If the CCB requests a general contractor's subcontractors list, it must be delivered within _______? - 1 week - 14 days - 72 hours - 30 days - ANS 72 hours Consideration in a contract is: - Deadlines provided in the contract - A remedy to breach of contract - What a party offers to do if the other party performs contract obligations - The time given to think over an offer - ANS What a party offers to do if the other party performs contract obligations Key provisions to include in a construction contract include: - All of these are key provisions - Obligations of Parties - Provisions to Limit Risk - Price & Terms - ANS All of these are key provisions Common business changes that need to be reported are all except: - Endorsement changes - Business entity changes - Address changes - Vacation schedules - ANS Vacation schedules A "zero-lot-line dwelling" refers to: - An apartment complex - A single family dwelling unit in a group of attached units - A duplex - A home on a lot less than 4000 sq. ft. - ANS A single family dwelling unit in a group of attached units Single prime, turnkey, and design/build are all: - Methods of constructions contracting - Types of construction loans - Home loan types - Forms of construction - ANS Methods of constructions contracting Signs of being an employee rather than independent contractor include all except: - Is free from direction and control, beyond the right of the service recipient to specify the desired result - Does not maintain his or her own business - Supervised by an owner or employee of the business - Receives a consistent, periodic payment regardless of the quality or quantity of work performed - ANS Is free from direction and control, beyond the right of the service recipient to specify the desired result A person should have a contractor license for any one of the following, except: - City or county inspectors or building code inspectors - Cleaning and servicing chimneys - Building demolishing work - Residential electrical contracting - ANS City or county inspectors or building code inspectors A "Limited Partnership" is distinguished from a "Partnership" in all these ways, except: - Death or withdrawal of a limited partner has no effect on partnership - The number of partners involved - Limited partners enjoy some personal liability protections - Limited partners take no part in daily operations and decisions - ANS The number of partners involved Special endorsements include lead-based activities, except for: - All of these are lead-based activity endorsements - Lead Inspectors - Lead Assessors - Lead Workers - ANS All of these are lead-based activity endorsements Notice of compliance with the Homebuyers Protection Act is required for sale of new residential property costing at least ________ completed within 3 months of the sale of property - 50000 - 200000 - 20000 - 100000 - ANS 50000 Which one of the following businesses is classified as exempt from providing workers compensation? - A sole proprietor who employs his brother - Partnerships with employees who are not family members but are only paid minimum wage - Partnerships with no employees where all of the partners are immediate family members - Corporation with three corporate officers that are family members and one employee that works part time - ANS Partnerships with no employees where all of the partners are immediate family members A limited liability company (LLC) is an unincorporated association that has: - One or more members - Absolute personal liability protection - Ownership through cash buy-in only - A requirement that managers be members - ANS One or more members True or False Minors 14 & 15 years of age cannot work at construction sites or where power-driven machinery is being used - ANS True As of 2018, Oregon's minimum wage of the 15 non-rural counties outside of Portland was set as follows: - ANS $10.75 per hour If your company uses a policy guide, list, or employee handbook, all new hires should: - Be expected to commit it to memory - Sign a form confirming that they received that information - Be tested on it - Be asked to keep it confidential - ANS Sign a form confirming that they received that information Commercial general contractor's level 1 with 5 or more employees must complete ____ hours of continuing education requirements - 48 - 80 - 64 - 32 - ANS 80 Special types of Contracts intentionally entered into in construction include - Implied - Unilateral - Lump-sum - Quasi - ANS Lump-sum A residential contractor licensed by the CCB for less than 6 years, and his or her ___________ has less than 6 years' experience, an additional 8 hours of training is required - Subcontractor - Responsible managing individual (RMI) - Supervisor - General Contractor - ANS Responsible managing individual (RMI) The prevailing wage rate (PWR), is also referred to as: - "Little Davis Bacon Act" - "Sarbanes-Oxley Act" - "Mason-Dixon Act" - "Sherman Antitrust Act" - ANS "Little Davis Bacon Act" Privity of Contract is: - A covenant agreeing that no parts of the contract may be subcontracted - The direct relationship that exist between parties to the same contract - An agreement giving a party exclusive rights to all of a client's business - A guarantee of confidentiality - ANS The direct relationship that exist between parties to the same contract A non-breaching party's duty to minimize the damage he or she suffers as a result of the breach is called: - Liquidation - Consideration - Mitigation - Certainty - ANS Mitigation All of these are required to have a contractor's license except: - Anyone or any business that for compensation or with the intent to sell undertakes, organizes for profit, or bids on the opportunity to build, alter, repair, demolish, add to, or provide any similar service for any building. - City or county inspectors or building code inspectors - A school district using student project/labor for the intent to sell - Individuals working on structures on one's once property if the intent is to sell - ANS City or county inspectors or building code inspectors True or False How a complaint is files, when it may be filed, and how it is processed are determined by whether the complaint involves a residential or commercial contractor - ANS True Which of these is NOT a commonly recommended site rule? - Keep job site clean and free of debris - All work must comply with all applicable codes, drawings/plans, and specifications - Workers must supply their own protective gear - Follow all safety policies as well as Oregon OSHA regulations - ANS Workers must supply their own protective gear True or False The application fee is the same for both an active and inactive license - ANS True When changing business entities, once a previous entity has already been established, the license must: - Pay new fees - Do all of these things - Complete a new CCB application - Provide a new bond and insurance for the new business entity - ANS Do all of these things Which one of these is NOT a common form of corporation in the construction industry? - Limited Liability Corporation - 501 © - "S" Corporation - "C" Corporation - ANS 501 © When hiring a subcontractor you should always: - Check references - Ensure they have proper and current insurance coverage - Allow them sufficient advance time to plan and schedule - Do all of these things - ANS Do all of these things The central contractor who has a direct contract with the property owner is referred to as the : - Prime Contractor - Original contractor - General Contractor - Any of these could apply - ANS Any of these could apply Which of the following describes one of the purposes of Oregon construction lien law? - Punishes contractors for faulty construction work - Helps as owner avoid paying contractors and suppliers twice for the same work by knowing who has lien rights - Helps establish fault when craftsmanship disputes ensue - Is an audit system to ascertain as to whether non-exempt contractors carry workers comp coverage - ANS Helps as owner avoid paying contractors and suppliers twice for the same work by knowing who has lien rights A lien is foreclosed by filling a lawsuit. The lawsuit to foreclose a lien must be filed within ___ days after the lien is recorded. - 75 - 120 - 60 - 30 - ANS 120 How long does the subcontractor have to supply the property owner with the Notice of Right to Lien in order to preserve his lien rights? - 14 working days - 10 working days - 8 working days - 5 working days - ANS 8 working days A claim of lien must be recorded 75 days of: - When the first progress payment was made - The initial contract date - When the project is substantially complete - The date in which the information to owner about construction liens was provided - ANS When the project is substantially complete Of the following, what would generally not be considered equipment? - Concrete - Power cord - Hand drill - A crane - ANS Concrete A bid or proposal should never be submitted before: - A contractor posts a $30,000 bond - The contractor has tools services - All work is completed - A markup percentage is added to the project costs - ANS A markup percentage is added to the project costs Project overhead would not include: - Construction and final cleanup - Project bonds and any added insurance consts - Utilities, dumpsters, portable toilets - Regular office supplies - ANS Regular office supplies The quantity survey is defined as: - A listing of all the required materials and task items - A survey intended to provide the contractor with administrative based statistical data - The amount of insurance required for a specific class of contractor - The percentage of overhead that should be dedicated to a specific task - ANS A listing of all the required materials and task items The _____________ is the basis for a complete and accurate estimate of project costs and lists all major items of work in the order they are to be performed. - Itemized summary - Labor Burden - Site Evaluation - Bid Sheet - ANS Itemized summary Which of these is NOT a recommended per-bid consideration? - What are the risks and are they manageable? - Is it the kind of work you are equipped to do? - What are the site conditions and do they present any special challenges? - Who else might be bidding? - ANS Who else might be bidding? The _________ has the job of overseeing timely ordering and delivery of material. - Materials Expediter - Owner - General Contractor - Superintendent - ANS Materials Expediter Which of these is not a common scheduling consideration? - How much will the materials costs? - When can each task start? - What equipment will be needed? - What type of crew will be need to complete the activity? - ANS How much will the materials costs? A purchase order system can: - Allow you to make any necessary change orders at the earliest possible juncture - Do all of these things - Assist in the effective timing and delivery of materials - Give you the opportunity to review purchase orders with clients, subcontractors, and suppliers - ANS Do all of these things A schedule should not: - Be flexible throughout the project - Be written and posted - Help everyone with the project know when their work is required - Be solely in someone's head - ANS Be solely in someone's head ______________ are tasked with coordinating and monitoring the day-to-day aspects and function of the project. - Architects - Owners - Inspectors - Supervisors - ANS Supervisors True or False Oregon adopts all of the ICC International Residential Code. - ANS False A licensed architect or engineer must prepare drawings is the floor area is ______ square feet or more, or the height of the structure is more than ___ feet. - 4000, 20 - 3000, 10 - 3000, 20 - 4000, 30 - ANS 4000, 20 True or False Compliance with a Stop Work Order is optional - ANS False BCD administers exams and issues license required for all of these except: - Plumbing - Electrical - Manufactured dwelling installation - Landscapers - ANS Landscapers Who is responsible for providing personal protective equipment? - The contractor/ employer - The property owner - The employee leasing agency - The employee is charged with the task requiring PPE - ANS The contractor/ employer For all projects over ___ in contract price with the owner, the general contractor must provide flush toilets and washing facilities - 2 million - 1 million - 2.5 million - 1.5 million - ANS 1 million Employees have several protections provided under the safety laws, including all except: - Placing a Stop Work Order on the project - Contesting the length of time OSHA has allowed for corrective action - Participating in OSHA workplace inspections - Filing a complaint with Oregon OSHA regarding unsafe or unhealthy workplace conditions - ANS Placing a Stop Work Order on the project OR-OSHA provides all of the following services except: - Mandating, enforcing, and assigning building codes - Investigating work site accidents - Inspecting places of employment - Issuing citations with monetary penalties for violations - ANS Mandating, enforcing, and assigning building codes Cash flow is: - The amount you are paying to subcontractors - The automated system for depositing revenues to your bank account - The inflow of available funds to a business and the outflow of cash for paying obligations - The amount of your payroll vs. profit margin - ANS The inflow of available funds to a business and the outflow of cash for paying obligations A debt becomes a bad debt: - Once you've reached a point that you reasonably believe the debt to be uncollectible - After the third notice - When it exceeds $1000 - After 30 days - ANS Once you've reached a point that you reasonably believe the debt to be uncollectible The Accounting Cycle provided has ___ basic steps - 6 - 5 - 4 - 3 - ANS 5 For general business practices, records should be kept up to: - 10 years - 3 years - Six months - 7 years - ANS 7 years All businesses with employees, or registered as anything other than __________, are required to obtain a federal Employer Identification Number (EIN). - Sole proprietorship - Limited Liability Companies - Corporations - Partnerships - ANS Sole proprietorship All forms of businesses are required to file annual income tax returns except: - C Corporations - Sole Proprietorships - S Corporations - Partnerships - ANS Partnerships True or False Withheld taxes are considered to be "trust" funds that do not belong to the business and cannot be used for any other purpose. - ANS True Oregon unemployment, transit taxes, and the Workers Benefit Fund assessment are due: - The last day of the month following the end of each quarter - The last day of each quarter - The last day of the following quarter - By Dec 31 of each year - ANS The last day of the month following the end of each quarter It is against Oregon law for any private sector employer of ______ or more employees to discriminate in employment because an otherwise qualified person has a disability. - ANS six Family and Medical Leave Act (FMLA) applies to employers with ____ or more employees. - ANS 50 Oregon Family and Medical Act (OFLA) applies to employers with ____ or more employees. - ANS 25 Oregon has an age discrimination law that prohibits discrimination against individuals _______. - ANS who are 18 years and older Oregon employers may post an Oregon Minimum Wage Poster summarizing the requirements of Oregon wage and hour laws. - ANS False "Must" Oregon contractors working on prevailing wage projects must post a notice containing _________ - ANS - number of hours per day employees may be required to work - number of days per week employees may be required to work - applicable prevailing wage rates for the project True or False The Employee Polygraph Protection act allows most private employers to use lie detector test, either for pre-employment screening of job applicants or for testing current employees during the course of employment. - ANS False The Contract Work Hours and Safety Standards Act sets overtime standards for services and construction contracts on ______ projects. - ANS Federal The Equal Pay Act of 1963 prohibits employers from paying different wages to ______ who perform essentially the same work under similar conditions. - ANS men and women The Worker Adjustment and Restraining Notification Act (WARN) offers protection to workers, their families and communities by requiring employers to provided notice ____ days in advance covered plant closings and covered mass layoffs. - ANS 60 True or False Oregon employers must post an Oregon Family Leave Act poster. - ANS True True or False An employee handbook is a document you put together that lists company policies and employee benefits and rights. - ANS True True or False An employee handbook is a static document. You may not add items to the handbook later on. - ANS False True or False Employment relationship are either contractual or at-will. - ANS True In Oregon, __________ administers the state's workers' compensation law. - ANS the Workers' Compensation Division of the Oregon Department of Consumer and Business Services. True or False If an exempt contractor is licensed as a commercial contractor, it must maintain personal election workers' compensation coverage. - ANS True True or False Contractors that use one or more workers supplied by a worker leasing company are exempt. - ANS False It is important to hire the _____ subcontractors because their work impacts yours company's reputation. - ANS right True or False In many states, the employee is considered an employment contract. - ANS True Workers' compensation benefits pay for: - ANS - hospital, medical and prescription drug charges - wage replacement for time lost from work: and compensation for partial or full disability - the cost of retraining The penalty for first offense of not having workers' compensation coverage is twice the amount of the premium that should have been paid or ______, whichever is higher. - ANS $1,000 True or False Generally, non exempt contractors have, or intend to have employees. They may carry workers' compensation coverage. - ANS False - They must carry Unemployment Insurance. Under certain circumstances, an employee that loses his or her job is entitled to receive benefits. In general, a person may receive benefits if a person: - ANS unemployed, other than by their own fault; able to work; available for work; and actively seeking work. True or False Check periodically that all subcontractors have a properly endorsed CCB license. - ANS True Oregon law requires licensed contractors to maintain a list of each subcontractor on a job. For each subcontractor on the job, the list must include: - ANS Name, address and license number If a licensed contractor knowingly uses an unlicensed subcontractor to work on a job, the CCB may ________. - ANS - impose a civil penalty (fine) - suspend the contractor's license True or False There are five key elements that must be in effect to make a contract binding. - ANS False ____ is agreeing to the offer made and generally is done by signing the offer. - ANS Acceptance True or False Contracts must be possible to perform, no intended to harm anyone and may require illegal activity. - ANS False True or False If a contractor's license lapses during construction, the contractor may lose its right to any legal remedy. - ANS True True or False Licensed contractors may set up one or more licenses to monitor, including those of its subcontractors. An email is sent immediately if the status of that watched license changes. There is a fee for this service. - ANS False True or False Verbal contacts are never enforceable. - ANS True - May not be enforceable A(n) ____ specifically outlines the obligations of the contract, including the work to be done and compensation for this work. - ANS offer True or False A situation where parties may not have legal capacity might be if you contracted with someone who is heavily under the influence of drugs or alcohol. - ANS True True or False A contractor must be licensed and properly endorsed by the Oregon Construction Contractors Board (CCB) to enforce a construction contract. A commercial contractor working on a residential structure is properly endorsed. - ANS False Contracts are full of _____, but a few key ones you will want to include: 1) Contracts Price and Payment Terms 2) Obligation of the Parties 3) Supplemental Conditions 4) Breach of Contract - ANS provisions ____ payments are partial made after specified phases of construction are complete. - ANS Progess Retainage is used by the owner to ensure completion of the construction project and provide protection against liens, claims and defaults. It is calculated as a percentage withheld from each progress payment. (Oregon law limits the percentage to no more than ______ percent). - ANS 5 The __________ conditions modify the general conditions of the contract and are often prepared in a separate document. Supplemental conditions are tailored specifically to each project. They may outline items such as specific insurance requirements, projects procedures and local law requirements. - ANS supplemental Force unnatural addresses "_____" and other external events such as war or labor strikes. This provision is written to either observer the owner or contractor of costs associated with these occurrence. - ANS Acts of God Different site conditions provision allocates the responsibility for extra costs dud to unexpected site conditions. Investigate and consider site conditions when putting together the bid. The _____ is responsible for disclosing all site information during the bid process. If errors or omissions occur, the _____ may be responsible for incurring the extra construction cost. - ANS Owner and owner Schedule acceleration provides assignment of costs of costs incurred to complete a project ahead of schedule. in general, if the owner requires the contractor to accelerate the schedule, the _____ is responsible for all associated costs. - ANS owner Progress payments have ___ function(s). - ANS two The obligation of the parties should be specifically outlined in the contract and include both the contractor's obligations and the owner's obligations. The obligations of the parties are the _____. - ANS Contract conditions The terms " ______________" refers to standard language or clauses used in legal contract. Sometimes they are referred to as "miscellaneous" clauses. They generally appear at the end of the contract and one of their purposes is to protect the business in the event of lawsuit. - ANS boilerplace True or False Indemnification absolves the indemnified party from any payment for losses and damages incurred by a third party. - ANS True Warranties or guarantees define the contractor's responsibility for the repair of defects to the construction project after the completion of work. Warranties are often set for a defined ________ . - ANS time period ________ clauses addresses changes made by the architect or design professional during the course of the project for artistic or creative purposes. - ANS Artistic changes True or False Since legal language is often difficult to understand, it is recommended that you consult with a knowledgeable construction attorney when drafting and/or interpreting these provisions. - ANS True True or False Contractors and subcontractors are obligated to perform their contractual duties at all times. - ANS True True or False The general contractor also has the duty to provide for overall workplace safety. While both the prime contract and subcontracts may address this issue, the general contractor has control over the job site and must maintain safe working conditions. - ANS True The general contractor, subcontractors and suppliers are held to the generally accepted performance standards and practices of the industry in the ______ where the work is performed. - ANS geographic Conditions precedent is a legal term that describes an act of event that must occur before performance under a contract is required. If the act or event does not occur, then the performance is _______. - ANS excused Oregon law permits a buyer to cancel a home solicitation sale contract on _____ notice. - ANS three days' True or False Recitals are languages at the beginning of the contract that provide background to the contract, such as the parties entering into the contract, the contract contents are reasons for the parties' entering into the contract. - ANS True True or False The general contractor on a major project is usually the only contractor in a direct contract relationship to the owner. (This relationship is called privity of contract). - ANS True True or False The subcontractor ordinarily provides labor and services. The general contractor and subcontractor enter into a subcontract. The owner is not a party to the subcontract. Therefore. the subcontractor must look only to the general contractor in the event of a breach. (The subcontractor may, however, have lien rights). - ANS True Unless otherwise specified, a contractor has fulfilled a contract when the project is __________. - ANS Substantially complete Oregon law permits a property owner to cancel any initial contract for construction, improvement or repair or a residential structure with _______ notice. - ANS one day's True or False If the contract qualifies as a home solicitation sale, it must contain certain information about cancellation rights. - ANS True True or False An immaterial breach of contract is a serious violation of the contract. For example contractor refuses to perform or complete a job or if a n owner refuses to pay for completed or partial jobs, this is considered a breach of contract. This type of breach may void the contract and will most likely end up in mitigation. - ANS False Damages compensate the non-breaching party for economic losses arising from a(n) ______. - ANS breach of contract __________ are the amount agreed upon by the parties as fair compensation to the non-breaching party if a breach occurs. - ANS Liquidated or Stated Damages True or False Certainly: To recover damages, the non-breaching party must prove the amount with reasonable mitigation. - ANS False In a __________ contract, the contractor agrees to complete the project for a predetermined, specified price. - ANS lump-sum Using the ______ contract method, the contractor is reimbursed for the actual cost of labor and materials and is paid a markup fee for overhead and profits. - ANS cost-plus True or False A material breach of contract is less serious violation and usually does not result in termination of the contract. The injured party may only sue for the value of the damages. - ANS False __________ arise due to the special nature of circumstances of the non-breaching party. - ANS Special Damages __________ are indirect costs to the non-breaching party. - ANS Consequential damages The differences in the types of contractors are primarily _____________. - ANS - who takes the risk that the work will be performed for the estimated cost - who pays for the cost overruns - who keeps the cost savings if the project performed is less than the estimate A _____________ contract may be used for jobs where the extent of work cannot be fully determined, or the actual quantities of required items cannot be accurately calculated in advance. - ANS unit-price True or False Contracting Methods. The single prime method is the traditional form of contracting. The project owner typically hires an architectural firm to design the project. The contractor then performs the work according to the specifications of the project and is not responsible for the costs of all materials and labor to obtain project completion. - ANS False True or False Construction Management. Under the construction management method, the project owner contracts with a professional construction manager to coordinate and mange the project. - ANS True True or FalseUnder fast-track construction management, the construction process begins after completion of the contract documents. Fast-track construction involves a phased approach to the project. A contract may be drawn up for each phase. Generally, the cost is fixed until after construction documents are complete and all construction commitments have already been made. - ANS False A(n) ________ is an agreement between the owner and the contractor to change the contract. - ANS change order _______is a dialogue entered into for the purpose of resolving disputes or producing an agreed upon course or courses of action _______ is inexpensive and generally the first step in ADR. - ANS Negotiation and Negotiation _________ is a facilitation process wherein all parties agree at the onset to work to identity a solution that benefits to all parties involved. - ANS Collaborative law The CCB offers dispute resolution services to resolve certain types of complaints. These include complaints by: ________________. - ANS - owner against contractors - suppliers against contractors - subcontractors against general contractors; and general contractors against subcontractors ___________ construction is similar to the design/build construction model. In addition to managing the construction and design team, the contractor also obtain financing and land. The construction firm is obligated to complete a project according to pre-specified criteria but with expanded responsibilities and liability. A price is generally fixed at the time the contract is signed. - ANS Turnkey _________ starts with settle common objectives and goals for a construction project. All parties involved, such as the owner, design professionals, engineers and contractors, work together to achieve these objectives and goals. Several meetings are held throughout the bid and construction process to evaluate the decisions made by parties and adjustments occur when necessary ______________ increases communication and trust, consequently reducing potential litigation and claims. - ANS Partnering and partnering True or False Alternative dispute resolution (ADR) involves resolving legal disputes by avoiding the often costly and time intensive process of government judicial trial. - ANS True In ______, the parties themselves set forth conditions of any agreement with dialogue facilitated by an independent, third party mediator. - ANS mediation _________ uses a third-party arbitration or arbitrators to act as a judge or judges to render a decision by which all parties are legally bound. - ANS Arbitration True or False Oral agreements are not legally binding. Oral agreements present a challenge because it is difficult to provide what terms were agreed upon if a dispute arises. - ANS False In Oregon, a contractor who performs work for an owner of a residential structure must have a written contract if the contract price is more than ______. The contract must contain certain information. - ANS $2,000 True or False Technical Terminology in contracts between parties who understand their technical meaning may be used. However, many customers may not understand technical jargon so you may want to use caution putting these terms in a contract. Rather, you should express your intentions in layman terms. - ANS True True or False Subcontractors contract with the general contractor or other subcontractors to complete a portion of a larger project. The same principles that apply to owner / contractor contracts also apply to subcontracts. - ANS True True or False A lien is created before the person providing labor or materials takes certain steps. In a nutshell, the person must: 1) provide notice; and 2) file lien documents with the appropriate state official. - ANS False ________: When the contractor actually begins work on the site or materials are first delivered. - ANS Commencement of the improvement _________: Person who enters into a contract to perform construction work. - ANS Contractor The use of _________ language is important when establishing intent in a contract. - ANS plain If the provision is dispute is vague, the actions of the parties will be examined first. If the parties conducted themselves consistently with what they thought the provision meant at that time. the provision would likely take that meaning. If the contract cannot be clarified based on the method, the interpretation will go against ____________. - ANS the party who wrote it The purpose of Oregon's lien law is to make sure __________ adding value to real property are paid for their labor an materials. - ANS people ___________: Creating an improvement or performing work on a improvement. - ANS Construction __________: A structure that is not used or intended for use as a residential building. - ANS Commercial improvement ___________: Any building or structure. - ANS Improvement __________: A contractor that contracts directly with the property owner. - ANS Original contractor True or False Creating a valid lien is not easy. A lien involves a notary, legal description, recording fee, several deadlines and extensive paperwork. - ANS True ________________: The original construction of residential property and the repair, replacement, remodeling or alteration of residential property. - ANS Residential construction or improvement ____________: Includes a residential dwelling, driveways, swimming pools, terraces, patios, fences, porches, garages, basements and other structures that are adjacent or appurtenant to a residential dwelling. - ANS Residential property ___________: A contractor that does not contract directly with the property owner. - ANS Subcontractor True or False Only contractors licensed in Oregon can file a lien. A person who provides labor, materials, or equipment to an unlicensed contractor on an existing owner occupied residence may also lose their ability to file lien. - ANS True True or False A contractor cannot record a construction lien against a public works project or a public improvement that is constructed on public property and owned by a local, stat or federal government. - ANS True _______: Anyone who claims or has an ownership interest in land or improvements, including persons with long-term lease or who are purchasing the land on a contract. - ANS Owner __________: A building or structure that will be occupied as a residence and that contains no more than four units. - ANS Residential building ____________: The agreement between the original contractor and owner to construct or improve residential property. - ANS Residential construction or improvement contract _________________: The land where the construction work is performed. - ANS Site _____________: Days when work may be performed, but does not include Saturdays, Sundays, or holidays. - ANS Working days A valid construction lien secures the right to receive payment. The lien is recorded (filed) in the ____________ recorder's office off the county where the project is located. - ANS county The information Notice to Owner about Construction liens explains Oregon's lien law. The notice outlines steps that property owners may take to protect themselves from liens. This notice is not required for: ______________ - ANS - Commercial jobs - jobs where the property owner is also a licensed contractor Which is true about the Notice of Rights to a Lien? - ANS - This notice gives the owner the name of the person who requested the subcontractor or supplier to provide services or materials - This notice identifies the subcontractor or supplier - This notice describes the work to be performed After receiving the Notice of Right to a Lien, the owner may make a written demand for: ______________. - ANS - a list of materials or equipment with the amount of costs incurred to date - a description of the labor or services supplied - a statement of the contractual basis for the labor, material or equipment, including a percentage of the contract completed and the charges incurred True or False Notice of intent to Foreclose before filing a lawsuit to foreclose, the contractor must send the Notice of Filing a Claim of Lien. - ANS False True or False The CCB's dispute resolution services are available to homeowners to discharge a lien or recover funds paid to discharge a lien, if an owner has paid a contractor and the contractor failed to pay a lien holder, the owner may file a complaint against the contractor with the CCB. - ANS True True or False Bid Shipping, Bid Peddling, and Bid Rigging are often great ways to do business. Some state statues encourage these practices on public projects. - ANS False Which of the following situations listed are not poor ways to do business? - ANS Bid peddling, Bid Shopping both are illegal. The Notice of Right to a Lien may be given at any time during the construction. Is should be delivered in person or sent by registered or certified mail. The notice only covers labor, materials or equipment rental for ________ or fewer working days before the notice is given. To protect all rights to file a lien, the notice should be given within ____________ working days of the start date of the work or the first delivery date of the materials or equipment. - ANS eight and eight The Claim of Lien, must be recorded with ______ calendar days after the last substantial performance of labor, delivery of materials, or rental or equipment or ____ calendar days after the completion of construction, whichever is earlier. - ANS 75 and 75 True or False All construction liens receive priority over mortgages, trust deeds or previously filed liens. - ANS False - not all construction liens __________ occurs when the general contractor approaches subcontractors other than those who have submitted bids to seek a lower offer than what was quoted in original bids. In this situation, the general contractor reveals the original bids submitted and tries to reduces the price. - ANS Bid shopping _____ occurs when the subcontractor approaches the general contractor after the project was awarded with the intent of lower the original price submitted on bid day. - ANS Bid peddling __________ is a form collusion where contractors coordinate their bids to fix the award outcome of a project. - ANS Bid rigging A good estimate will fall within ____ percent to _____ percent of actual construction costs. - ANS 1 to 2 True or False One inaccurate method of estimating is the quantity take-off method. Using this method, you individually estimate labor and material needs for each task you listed in your estimating framework. - ANS False True or False Determining Project Equipment Cost. Small tools and pickup trucks are indirect costs and are not included as part of project costs. - ANS True A _______ is generally prepared by an architect using cost models from previous projects. The contractor may arrive at a much different cost because of project's unique characteristics. - ANS conceptual estimate The _______ of estimating bundles all cost factors such as labor, materials, equipment and subcontractors to come up with a unit price for the entire task. For example, let's say you are placing and finishing a 2,000-square-foot concrete slab and you determined that your unit price is $2.00 per square foot for this task. The total unit price is $4,000. - ANS unit price method True or False An estimate is the sum of the costs to complete the project, plus your added overhead and profit margin. - ANS True Many computer tools are available to help streamline the estimating process. This technology provides many benefits:________. - ANS - shorter time to prepare the estimate - improved accuracy and professional presentation to the customer True or False Your suppliers can provide you with the materials price per unit or lump sum. - ANS True True or False Subcontractors are a consideration if you need to outsource work that your company does not have the resources to complete. - ANS True Using the _______ of estimating, the project cost is a calculation of the square footage of the project multiplied by a unit cost, but this method does not account for project specifics that affect cost. Another variation of this method is putting together an estimate using cubic feet of the project multiplied by a unit cost. - ANS square-foot method _______ is used as a buffer between tasks to protect against unforeseen task delays. - ANS Contingency time Float time is the remaining time after a task is complete and before the next task begins. Which of the following is true about float time? - ANS - The amount of time an activity can be delayed without impacting the early start of the next activity is called free float time - Total float time refers to the amount of leeway allowed in starting or completing an activity without delaying the project completion date. - Activities with "zero float" are considered critical activities. True or False With contingency time in place, the likelihood of a delayed task impacting the entire schedule is increased. - ANS False _______ is a simple method and can be done on a regular desk calendar. The primary advantage to this method is that you can link project tasks to specific dates. such as: - dates of other projects, - delivery dates of materials, - payment schedule, and - employee vacation and holidays. - ANS Calendar Scheduling The _______ of scheduling illustrates the interdependence relationship of tasks. To develop a _____ schedule, you start by determining the sequence of tasks and activity duration as you would with bar chart or calendar scheduling. - ANS Critical Path Method and Critical Path Method True or False The foreman assists the superintendent with daily project operations. - ANS True ____: After completing the sequence of tasks, activity duration and contingency time, the earliest, and latest start date and earliest and latest end date are calculated. If the task completion falls outside these dates during the construction process, the project manager has an accurate calculation of the amount of time the project is ahead or behind. - ANS Task Time Ranges True or False With contingency time in place, the likelihood of a delayed task impacting the entire schedule is increased. - ANS False A schedule is your blueprint to finishing the project on time. There are three main types of scheduling method used in the construction industry. Which one of the following is not one of the three main types of scheduling methods used in the construction industry? - ANS Resource Oriented Scheduling Similar to the calendar scheduling method, the _____ shows the activity duration and sequence of tasks to be completed. It is an easy-to-read visual showing a graphical depletion of the schedule in its entirety. - ANS Bar Chart Schedule True or False The superintendent is the onside supervisor responsible for daily operations. - ANS True A ______ supervises the materials procurement process to ensure accurate and timely delivery of materials. - ANS Materials expediter There are specific guidelines you should follow to increase the credibility of the daily report, if a legal dispute arises. Which of the following are true about daily reports? - ANS - The report should be completed daily. If there was no work completed, note that fact and the reason for it - Writing should be in ink and not altered - Pages should be in consecutive order and in bound book. Status reports summarize project highlights, addressing items _______. - ANS - completed - in progress - outstanding ______ occur when you exceed budgeted amounts in your estimate. - ANS Cost overruns Your company philosophy should _____. You want your employees to take pride in their work. - ANS stress quality ______ advisory boards help the Building Codes Divisions adopt and amend the specialty codes. - ANS Seven True or False Oregon does not use the plumbing and electrical chapters of the ICC international Residential Code. - ANS True True or False Photos are often a bad way to document the progress of a project for several reasons and should not be used to supplement the daily log. - ANS False True or False The easiest way to track your b