CM 334 Module III Exam || with Errorless Solutions 100%.
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Module
CM 334 Module III
Institution
CM 334 Module III
What are general conditions? correct answers standard form construction contracts all set out various clauses in a boilerplate document that enable a project to be managed
What is assurance? correct answers A pledge, warranty or guarantee that gives confidence or security
What is a claim? cor...
CM 334 Module III Exam || with Errorless Solutions 100%.
What are general conditions? correct answers standard form construction contracts all set out various clauses in a boilerplate document that enable a project to be managed
What is assurance? correct answers A pledge, warranty or guarantee that gives confidence or security
What is a claim? correct answers a demand or assertion by one of the parties seeking payments of money, or other relief with respect to the terms of the contract; includes other disputes between the owner and contractor arising out of or relating to the contract documents
What is a legal condition? correct answers a provision of a contract, the fulfillment creates or extinguishes a duty to perform under the contract; failure to satisfy a legal condition is NOT a breach of contract and does not give rise to liability for damages
What is a warranty? correct answers a certification that certain aspects of a project are as promised, effective for a certain period of time
will include an express warranty and these three elements
1. materials & equipment will be new and of good quality;
2. the work will conform to the contract documents; and
3. the work will be free from defects
How are most construction claims resolved? correct answers through negotiations between owner's representative and the contractor's representative
What is a material breach? correct answers evidenced by a substantial failure to perform on a contract
in the event of a material breach, non-breaching party is excused from further performance on the contract
What is an express warranty? correct answers a warranty expressed in WRITING!
What happens if negotiations fail? correct answers triggers the particular dispute resolution processes
What is a minor breach? correct answers creates liability for damages in the breaching party
non-breaching party must continue to perform on the contract; typically non-breaching party will
make a claim for damages, if the breaching party refuses to pay the claim, the non-breaching party has the option to litigate
What is an implied warranty? correct answers a warranty that arises from law If contract documents are silent about dispute resolution processes, the parties can correct answers litigate their dispute; litigation (traditional way of resolving disputes) is a lawsuit for damages
Most construction disputes are settled by what? correct answers an alternative dispute resolution (ADR) method; the most common of which are mediation and arbitration
If the problem arose because of the way that something was constructed then the contractor is usually held responsible. An exception would occur, making the owner responsible instead, if the
quality problem were inherent in the way that the work was required to be constructed. correct answers Presumptions are:
1. the contractor did exactly what the contractor was instructed to do in the contract documents
2. any inherent quality problems that the contractor knew of (or should have known of) were reported to the designer, who then instructed the contractor to proceed as directed in the contract documents.
What is suspension by the owner for cause? correct answers authorizes the owner to stop the work in the event of specific actions by the contractor, such as: 1) failing to correct work that does not conform to the contract documents; or 2) repeatedly failing to carry out the work in conformance with the contract documents
owner must issue a written order to stop work
What is suspension by the contractor? correct answers enables a contractor to stop work; usually enabled for specific circumstances related to payment failures such as:
1) the designer's failure to issue a certificate for payment within a set number of days, typically 7
days, after receipt of the contractor's application for payment
2) the owner's failure to pay the contractor within a set number of days, typically 7 days, of the payment set out in the contract documents
Material and equipment quality problems can be categorized as correct answers improperly installed, improperly specified (unsuitable for design purposes), or improperly manufactured (quality problems arise during manufacturing)
Claims can be categorized under three different types of legal actions: correct answers 1. breach of contract,
2. breach of warranty, or 3. torts
What is termination by the contractor? correct answers enables a contractor who is not at fault to terminate its contract when a work stoppage of a set number of days, typically 30 consecutive days was caused by specific reasons state in the contract documents, such as:
1) a court order requiring all work to be stopped
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