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Construction Contracts Exam 1 Questions And 100% Correct Answers
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Construction Contracts Exam 1 Questions And100% Correct Answers
Common law - Answer Laws derived from centuries of judge's decisions hearing real
cases - "Judge-made laws" (most common in U.S.)
Civil law - Answer A legal system based on a written code of laws
Case citation format (in order) - Answer Name of the case, Volume, Reporter, Page,
Court (when heard), Date (when heard)
Contract laws - Answer Based on prior cases involving "agreements/promises" between
parties; permits remedies when one party has breached a contract or validates
performance as a matter of duty
Statutory law - Answer Federal regulations - rules for contracting with the federal
government
National Labor Reactions Act (Wagner Act) - Answer Main legislation regulating
relations between employers and their employees; protected employees rights to
organize labor unions, participate in collective bargaining, and to strike
Davis-Bacon Act - Answer Set minimum wage rates to be paid on all federal projects
State Subcontractor Listing Laws - Answer Requires general contractor to list the name
of the sub, sub's scope of work, and sub's price in final bid
Uniform Commercial Code - Answer Concerns sale of goods mostly; plays large role in
vendor-contractor relationship
, Tort law - Answer Part of common law, defined as a "civil-wrong;" a breach of a
non-contractual duty potentially owed to the entire world, imposed by law
Contract liability - Answer There is liability when a party breaks any provision within the
statutes of contract law - either written or implied warranties
Statutory liability - Answer Imposed by law or statute; can be written or implied, such as
building codes
Tort liability - Answer When one party's negligence causes property or personal damage
to another party or that other party's property
Strict liability - Answer Generally applied to tort liability; no need to prove fault nor
negligence to establish liability can be proven-may be proven (warranty repair for roof
work)
Absolute liability - Answer Applies to performance of "ultra-hazardous" construction
activities demolition, blasting, etc.
Presumed contract - Answer An agreement in writing that clearly spells out the roles
and responsibilities of each party involved which may be legally binding on them, and is
signed and dated by a representative from each party.
Valid contract - Answer A contract that can be enforced in a court of law; created by 2
or more parties who promise to do or not to do something immediately or sometime in
the future promising something in return
Offer (element 1 of a valid contract) - Answer Must contain a serious intent, must be
reasonably certain or definite, and must be communicated between parties
Acceptance (element 2 of a contract) - Answer Voluntary act by the oferee that shows
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