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CM 4211 Final Exam Study Questions Solved 100% Correct | Verified Solutions
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CM 4211 Final Exam Study Questions Solved 100% Correct | Verified Solutions
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CM 4211 Final Exam Study Questions Solved 100%Correct | Verified Solutions
T - ✔✔If the owner's field rep. is not authorized to issue change orders, a contractor who
performs such a change may not get paid for the change work
T - ✔✔A construction change is a change to the work ordered by the owner but which the
owner feels does not require a change order
T - ✔✔A constructive change requires prompt notice by the contractor to the owner to allow
the contractor to get paid for the change work
T - ✔✔The force account method of equitable adjustment of cost when a change in the work
occurs requires daily records be kept of the change work agreed to by the owner's
representative on a daily basis
T - ✔✔On change work, the contractor may be entitled to impact costs in addition to
proximate costs provided that the contractor can prove such impact costs
T - ✔✔Failure of the owner to promptly investigate a differing site condition is a breach of
contract by the owner
T - ✔✔Prompt notification by the contractor to the owner of a differing site condition may
be waived by the courts if it is determined that the lack of notice did not prejudice the rights of
the owner
T - ✔✔An exculpatory clause in the contract relieving the owner from payment for changes
almost never outweighs a differing site conditions clause
,T - ✔✔One of the stumbling blocks to recovery on a differing site conditions claim is the
keeping of adequate records to support the damage amount
T - ✔✔A differing site condition is one of the three main reasons for delays in construction
contracting
T - ✔✔A delay in the work may be caused by owner interference
T - ✔✔A compensable delay entitles the contractor to a cost and/or time adjustment
T - ✔✔A "take it or leave it" contract is a contract adhesion
T - ✔✔If work is delayed by the owner, but the contractor still completes the work within the
contract time limits, the contractor may be entitled to a cost adjustment
T - ✔✔The two main reason of giving notice to the owner of a delay is to start the delay time
period and to give the owner time the opportunity to do something about the delay, if possible
T - ✔✔Constructive notice is when the owner is charged with knowledge of a delay even
though the construction contractor does not give actual notice of the delay
T - ✔✔Liquidated damages are an agreed upon amount per day for each day that the
contract is finished after the adjusted completion date
T - ✔✔Liquidated damages are not a penalty
T - ✔✔Force majeure means a condition beyond the control of a party
, T - ✔✔To support a claim for a time extension, a construction contractor must support the
claim by showing the delay was beyond its control and that it consumed time affecting
completion of the project
T - ✔✔Acceleration is the completion of contract work at a more rapid pace than required by
the contract
T - ✔✔Constructive acceleration is the forced completion of contract work in a shorter
period than should have been allowed by the issuance of a properly supported contract time
extension
T - ✔✔The failure of the owner to timely grant a time extension may result in constructive
acceleration
T - ✔✔Course of dealing is determined by how the owner and the construction contractor
performed on prior contracts
T - ✔✔Customs and trade practices are not considered when determining the clarity of the
express contract terms
T - ✔✔Reading the contract "as a whole" means that an interpretation must be considered
in context
T - ✔✔To prove course of dealing necessarily requires parole evidence
T - ✔✔The doctrine of contra proferentem is only considered a last resort
T - ✔✔The doctrine of contra proferentem states the contract will be construed against the
drafter of the document when all other manifestations do not resolve the problem
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