Question 1

Which of the following would not generally be addressed by a Federal, State or Local statute?&#10;A) Control of Architectural or Engineering licensing&#10;B). Laws for filing a Mechanic's lien&#10;C) The determination of builder's negligence&#10;D) The establishment of local Building codes&#10;E) All of the above would be addressed by a Federal, State of Local statute

Accepted Answer

The determination of builder's negligence is typically addressed through the judicial system and case law, rather than through statutes. Statutes may set the framework for what constitutes negligence, but the determination of whether a builder was negligent in a specific instance is generally made by a court.

Question 2

The purpose of a???? is to provide leverage to a trade contractor to receive payment for goods and services provided in the construction of a building project.&#10;A) Building code&#10;B) Builder's license&#10;C) Business Tort&#10;D) Mechanics' Lien

Accepted Answer

A Mechanics' Lien provides leverage to a trade contractor or supplier by giving them a security interest in the property for the payment of the goods and services provided for its construction or improvement.

Question 3

The court of final appeal is usually the Supreme Court.

Accepted Answer

In many legal systems, the Supreme Court serves as the highest court of appeal, making it the final arbiter of legal disputes.

Question 4

A -------------establishes a specific time frame in which a lawsuit must occur. After this milestone is reached a designer or contractor's liability ends and no legal action can take place.&#10;A) Statue of Limitations&#10;B) Statue of Repose&#10;C) Liquidated damage clause&#10;D) Business Tort&#10;E) None of the above

Accepted Answer

A Statue of Repose specifically establishes a time frame in which a lawsuit must be filed. After this period, no legal action can be initiated, effectively limiting the duration of liability for designers or contractors.

Question 5

In general slander is an untrue written statement causing damage to another, while libel is an untrue oral statement.

Accepted Answer

Slander is an untrue oral statement causing damage to another, while libel is an untrue written statement.

Question 6

A contract may be written or oral, but is only formed when there is an offer to do something that is accepted by another party and is supported by consideration.

Accepted Answer

A contract is formed when there is an offer by one party, acceptance of the offer by another party, and mutual consideration (something of value exchanged between the parties), which can be in the form of a written or oral agreement.

Question 7

All parties to a contract must have the capacity to contract. That means that they must????&#10;A) be of legal age.&#10;B) be of sound mind.&#10;C) have the financial wherewithal.&#10;D) have signed a tender offer.&#10;E) $\mathbf{a}$ and $\mathbf{b}$ only.

Accepted Answer

Parties must be of legal age and of sound mind to have the capacity to enter into a contract. Financial status or signing a tender offer are not universal requirements for contractual capacity.

Question 8

The statue of frauds requires that certain contracts, such as wills, be in writing.

Accepted Answer

The Statute of Frauds is a law that requires certain types of contracts to be in writing in order to be enforceable. Wills are one of the types of contracts that must be in writing under the Statute of Frauds.

Question 9

A(n) ???? is an order by the court prohibiting one party from taking certain actions such as commencing work on a construction project.&#10;A) punitive delay&#10;B) stop work order&#10;C) injunction&#10;D) local statute&#10;E) none of the above

Accepted Answer

An injunction is a legal order by the court that can prohibit a party from taking certain actions, such as starting work on a construction project. It is used to prevent harm that could occur if the action were to proceed.

Question 10

What is the term for the empanelling of a team of professionals on a project early for the purpose of providing assistance in the early stages of dispute? These professionals often issue decisions, though not binding, may be accepted by the parties.

A) Alternative dispute resolution
B) Dispute resolution board
C) Mediation
D) Partnering
E) None of the above

Accepted Answer

Dispute resolution boards are panels of experts formed at the commencement of a project to assist in the early resolution of disputes in a non-binding manner, though their decisions are often accepted by the parties involved.

Deck 13: Construction Law