Construction Law Exam 2 Questions With Complete Solutions
the UCC applies to - (ANSWER)purchase/sales of goods
mixture of goods and labor law - (ANSWER)determined by essence or dominant factor of the contract
gap fillers - (ANSWER)when a contract fails to deal with some manner necessary for the contract to be
performed
Article 2 of the UCC applies to - (ANSWER)virtually every construction project
where a contract involves the sale of goos and services - (ANSWER)most courts look to the predominant
purpose of the contract to determine if USS applies
each state the has adopted the UCC has done so through - (ANSWER)state statutes
terms can be modified by agreement of the parties through the UCC - (ANSWER)true
it is easier to establish the existence of an enforceable contract under the UCC than under common law -
(ANSWER)true
4 kinds of warranty under the UCC - (ANSWER)warranty of title, express warranty, implied warranty, and
the implied warranty of fitness for the good intended purpose
under the UCC, the buyer has the right to ___ the goods - (ANSWER)inspect
in the absence of force majeure, late delivery is accepted under the UCC if - (ANSWER)the sellers
performance has been made impracticable by the occurrence of a contingency
duties of a design professional - (ANSWER)drawings, interpret plans, shop drawings submittals, judge
, Construction Law Exam 2 Questions With Complete Solutions
actual authority - (ANSWER)authority that expresses assignment to someone in your contract as your
agent
implied authority - (ANSWER)not expressed or written in the contract, but which the agent is assumed
to have in order to transact the business f insurance for the principal
apparent authority - (ANSWER)a reasonable person would understand that an agent had authority to act
ratification authority - (ANSWER)principles approval of an act of its agent where the agent lacked
authority to legally bind the principal
broad form indemnity clause - (ANSWER)harshest on the sub-contractor, anything the GC is sued for, the
sub has the defend the GC and pay for any losses
intermediate form indemnity clause - (ANSWER)if the sub is 1% negligent, they have to pay all of the
damages
limited form indemnity clause - (ANSWER)if there is somethings that happens on the site, the sub does
not have to pay anything unless they are negligible
flow-down clause - (ANSWER)contractually ties the sub to the prime in the same manner as the prime is
bound to the owner
type 1 termination clause - (ANSWER)always cover this contractually; a condition that is materially
different than in the contract docs
type 2 termination clause - (ANSWER)possible to recover even though the contract is silent about the
conditions; GC must show the conditions encountered were unusual and differed materially that what
the contract stated
quantum meruit - (ANSWER)a reasonable sum of money to be paid for services rendered or work done
when the amount due is not stipulated in a legally enforceable contract
the UCC applies to - (ANSWER)purchase/sales of goods
mixture of goods and labor law - (ANSWER)determined by essence or dominant factor of the contract
gap fillers - (ANSWER)when a contract fails to deal with some manner necessary for the contract to be
performed
Article 2 of the UCC applies to - (ANSWER)virtually every construction project
where a contract involves the sale of goos and services - (ANSWER)most courts look to the predominant
purpose of the contract to determine if USS applies
each state the has adopted the UCC has done so through - (ANSWER)state statutes
terms can be modified by agreement of the parties through the UCC - (ANSWER)true
it is easier to establish the existence of an enforceable contract under the UCC than under common law -
(ANSWER)true
4 kinds of warranty under the UCC - (ANSWER)warranty of title, express warranty, implied warranty, and
the implied warranty of fitness for the good intended purpose
under the UCC, the buyer has the right to ___ the goods - (ANSWER)inspect
in the absence of force majeure, late delivery is accepted under the UCC if - (ANSWER)the sellers
performance has been made impracticable by the occurrence of a contingency
duties of a design professional - (ANSWER)drawings, interpret plans, shop drawings submittals, judge
, Construction Law Exam 2 Questions With Complete Solutions
actual authority - (ANSWER)authority that expresses assignment to someone in your contract as your
agent
implied authority - (ANSWER)not expressed or written in the contract, but which the agent is assumed
to have in order to transact the business f insurance for the principal
apparent authority - (ANSWER)a reasonable person would understand that an agent had authority to act
ratification authority - (ANSWER)principles approval of an act of its agent where the agent lacked
authority to legally bind the principal
broad form indemnity clause - (ANSWER)harshest on the sub-contractor, anything the GC is sued for, the
sub has the defend the GC and pay for any losses
intermediate form indemnity clause - (ANSWER)if the sub is 1% negligent, they have to pay all of the
damages
limited form indemnity clause - (ANSWER)if there is somethings that happens on the site, the sub does
not have to pay anything unless they are negligible
flow-down clause - (ANSWER)contractually ties the sub to the prime in the same manner as the prime is
bound to the owner
type 1 termination clause - (ANSWER)always cover this contractually; a condition that is materially
different than in the contract docs
type 2 termination clause - (ANSWER)possible to recover even though the contract is silent about the
conditions; GC must show the conditions encountered were unusual and differed materially that what
the contract stated
quantum meruit - (ANSWER)a reasonable sum of money to be paid for services rendered or work done
when the amount due is not stipulated in a legally enforceable contract
