Question 1

The Spearin Doctrine

Accepted Answer

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 A

Question 2

Could be part of the contract

Accepted Answer

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

Question 3

Contracts are almost always written by the party in control

Accepted Answer

A) True 
 B)False  True

Question 4

When submitting an RFI, the Contractor should if possible

Accepted Answer

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 5

Means and methods will

Accepted Answer

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 6

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

Accepted Answer

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

Question 7

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

Accepted Answer

A) True 
 B)False

Question 8

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

Accepted Answer

A) True 
 B)False

Question 9

Ambiguities can either be patent or inconsequential

Accepted Answer

A) True 
 B)False

Question 10

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

Accepted Answer

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 11

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

Accepted Answer

A) True 
 B)False

Question 12

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

Accepted Answer

The answer of Based on ___, one party cannot withdraw...

Question 13

Generally specific will govern over general in a Contract

Accepted Answer

A) True 
 B)False

Question 14

Parol evidence is given by a party to avoid further litigation

Accepted Answer

A) True 
 B)False

Question 15

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

Accepted Answer

A) True 
 B)False

Question 16

Parol evidence carries more weight than most other types of evidence

Accepted Answer

A) True 
 B)False

Question 17

Cardinal changes

Accepted Answer

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 18

Mediation is a binding process for resolving disputes

Accepted Answer

A) True 
 B)False

Question 19

There are two types of ambiguities-patent and

Accepted Answer

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

Question 20

Liquidated damages result from

Accepted Answer

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

Exam 6: Interpreting the Contract

The Spearin Doctrine

Could be part of the contract

Contracts are almost always written by the party in control

When submitting an RFI, the Contractor should if possible

Means and methods will

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

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

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

Ambiguities can either be patent or inconsequential

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

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

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

Generally specific will govern over general in a Contract

Parol evidence is given by a party to avoid further litigation

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

Parol evidence carries more weight than most other types of evidence

Cardinal changes

Mediation is a binding process for resolving disputes

There are two types of ambiguities-patent and

Liquidated damages result from