Deck 6: Interpreting the Contract

Question 1

After the contract is agreed upon, the Contract Administrator should still get issues and interpretations in writing

Answer 1

True

Question 2

Substantial completion is when the Owner can use the structure for its intended purpose

Answer 2

True

Question 3

Warranties begin upon installation of the equipment

Answer 3

False

Question 4

Contracts are almost always written by the party in control

Question 5

It is better to find solutions among friends than to find faults

Question 6

Sworn testimony about what is not written but intended by the Contract will usually negate the wording of the contract

Question 7

Which of these could be part of the contract

A) General Conditions
B) Bid Proposal
C) Addenda
D) All of these

Question 8

Contracts are usually written

A) to get more than the Owner paid for
B) to protect everyone at the same time
C) by the party in control
D) after the full scope of work is known

Question 9

Could be part of the contract

A) General Conditions
B) Bid Proposal
C) Addenda
D) All of these

Question 10

There are two types of ambiguities-patent and

A) latent
B) non-patent
C) immediate
D) errors and omissions

Question 11

Two clauses that help interpret the contract as a whole are the

A) scope and Precedence clauses
B) scope and risk shifting clauses
C) scope and exculpatory clauses
D) scope and insurance clauses

Question 12

The first level of interpreting a Contract will rely upon

A) what was intended by both parties
B) what testimony can reveal about one or the other party's intentions
C) what is reasonable and logical to an outside observer
D) what the owner wanted as being more important than what the Contractor thought

Question 13

When submitting an RFI, the Contractor should if possible

A) provide proof that the design is deficient
B) submit pricing
C) submit a preferred solution
D) ask for an immediate meeting to resolve the issue so the schedule will not be affected

Question 14

Although many may have a say, a Contractor can rely upon a structure being substantially complete for Contract purposes when

A) the Owner says it is
B) the Owner can use it for its intended purposes
C) the Architect says it is
D) the City Inspector says it is

Question 15

Cardinal changes

A) can be based on scope or quantity
B) are important and should be done immediately
C) are normally small (like the bird) but can seriously change the schedule
D) are generally only involved in Federal work

Question 16

Liquidated damages result from

A) water damage usually during the foundation stage
B) water damage during any part of the construction
C) failing to meet the completion date
D) the owner becoming bankrupt and going out of business

Question 17

Means and methods will

A) always be provided to the Constructor
B) will seldom be provided to the Constructor
C) is no longer an issue on IPD projects
D) cannot replace new technology in the construction process

Question 18

The Spearin Doctrine

A) relieves the Contractor from design flaws in documents provided by the Owner
B) puts all parties on notice for their own risks
C) eliminates the need for arbitration or mediation
D) is used by Design Professionals to place burden of performance on the Contractor

Question 19

The Spearin Doctrine relieves Design Professionals from responsibility for errors in the design

Question 20

A Subcontractor cannot be held responsible for a low price proposal based on bad judgment

Question 21

Generally specific will govern over general in a Contract

Question 22

Once submitted by the Constructor, the Design Professional will be held responsible for delays related to answering the RFI

Question 23

Warranties always start when the equipment is installed

Question 24

Parol evidence carries more weight than most other types of evidence

Question 25

Ambiguities can either be patent or inconsequential

Question 26

Doubling the scope of the Contract could be considered a Cardinal change

Question 27

The Architect is always allowed to make changes that do not cost the Owner money, but not changes that would add or deduct from the Contract price

Question 28

A ""crash"" is when the work of two or more trades ""collide"" on 3-dimensional drawings

Question 29

Estoppel is a bar preventing a party to act in a manner contrary to the way it has acted in the past

Question 30

A ""flow down"" clause places responsibility of Contract requirements on a lower-tier entity

Question 31

Float can only be used by the Contractor

Question 32

Joint ventures are formed by the Owner to get better pricing or cost savings

Question 33

Liquidated damages refer to damages that are removed from the Contract by the Owner

Question 34

Design Professionals are required by the Owner to give the Constructor the best ""means and methods"" for accomplishing the construction

Question 35

Mediation is a binding process for resolving disputes

Question 36

Parol evidence is given by a party to avoid further litigation

Question 37

A precedence clause can sometimes help resolve an ambiguity

Question 38

Based on ___, one party cannot withdraw its obligations if it knows the other party relied upon its actions or offer.