CM 4211 Study Questions for Final Exam
Solved 100% Correct | Verified Solutions
In order to introduce documentation into evidence it cannot have been prepared for
the specific purpose of use in litigation - ✔✔T
All documentation should answer the questions "when" and "what" - ✔✔T
A letter of transmittal does not require a response - ✔✔T
In a letter of notice, a position is taken as well as a basis for believing the position is correct -
✔✔T
The job diary is a routine job record - ✔✔T
Risk can only be mitigated, not eliminated - ✔✔T
In order for a claim to be valid, it must be proven that the claimant is entitled to an
adjustment and the amount of the adjustment - ✔✔T
The most important provision regarding claims is the notice requirements - ✔✔T
,If an owner does not timely respond to a contractor's claim, then he will be deemed to
have denied the claim - ✔✔T
If a construction contractor wins his claim, then mutual acceptance of adjustments may be one
of the three methods of resolving the claim - ✔✔T
"ORD" stands for "Owner Responsible Delay" - ✔✔T
"Force account" is another name for the "cost of work" method of resolving a claim - ✔✔T
Impact costs are consequential costs not directly related to the work - ✔✔T
A lawsuit is not one of the alternative dispute resolution methods - ✔✔T
Diversity is one of the three ways to get into a federal court; "diversity" has to do with
the parties being from different states - ✔✔T
A bench trial is one where the judge decides the law and the facts of the case - ✔✔T
An appeal may result in the trial court's judgement being reversed - ✔✔T
Arbitration is heard by one or more persons knowledgeable in the field being arbitrated -
✔✔T
Arbitration findings can be appealed except in cases of bad faith, exclusion of evidence,
or failure to disclose possible prejudice - ✔✔T
, Arbitration is les formal than litigation - ✔✔T
Mediation results are not admissible in a later litigation - ✔✔T
In a mini trial, each party selects a trier and presents the case like a trial - ✔✔T
With a dispute review board, each party selects a member of the board shortly after
the contract is signed - ✔✔T
The findings of a dispute review board are not binding on the parties - ✔✔T
The findings of a dispute review board are admissible in a later litigation - ✔✔T
A Louisiana requirement for a contract is a certain object - ✔✔T
A Louisiana requirement for a contract is parties legally incapable of contracting - ✔✔F
An offer is a unconditional willingness to enter into a contract - ✔✔T
An unconditional agreement with an offer is an acceptance - ✔✔T
Consideration is always measured in money - ✔✔F
Privity is the existence of a contractual relationship - ✔✔T
A third-party beneficiary relationship must be intended - ✔✔T
Solved 100% Correct | Verified Solutions
In order to introduce documentation into evidence it cannot have been prepared for
the specific purpose of use in litigation - ✔✔T
All documentation should answer the questions "when" and "what" - ✔✔T
A letter of transmittal does not require a response - ✔✔T
In a letter of notice, a position is taken as well as a basis for believing the position is correct -
✔✔T
The job diary is a routine job record - ✔✔T
Risk can only be mitigated, not eliminated - ✔✔T
In order for a claim to be valid, it must be proven that the claimant is entitled to an
adjustment and the amount of the adjustment - ✔✔T
The most important provision regarding claims is the notice requirements - ✔✔T
,If an owner does not timely respond to a contractor's claim, then he will be deemed to
have denied the claim - ✔✔T
If a construction contractor wins his claim, then mutual acceptance of adjustments may be one
of the three methods of resolving the claim - ✔✔T
"ORD" stands for "Owner Responsible Delay" - ✔✔T
"Force account" is another name for the "cost of work" method of resolving a claim - ✔✔T
Impact costs are consequential costs not directly related to the work - ✔✔T
A lawsuit is not one of the alternative dispute resolution methods - ✔✔T
Diversity is one of the three ways to get into a federal court; "diversity" has to do with
the parties being from different states - ✔✔T
A bench trial is one where the judge decides the law and the facts of the case - ✔✔T
An appeal may result in the trial court's judgement being reversed - ✔✔T
Arbitration is heard by one or more persons knowledgeable in the field being arbitrated -
✔✔T
Arbitration findings can be appealed except in cases of bad faith, exclusion of evidence,
or failure to disclose possible prejudice - ✔✔T
, Arbitration is les formal than litigation - ✔✔T
Mediation results are not admissible in a later litigation - ✔✔T
In a mini trial, each party selects a trier and presents the case like a trial - ✔✔T
With a dispute review board, each party selects a member of the board shortly after
the contract is signed - ✔✔T
The findings of a dispute review board are not binding on the parties - ✔✔T
The findings of a dispute review board are admissible in a later litigation - ✔✔T
A Louisiana requirement for a contract is a certain object - ✔✔T
A Louisiana requirement for a contract is parties legally incapable of contracting - ✔✔F
An offer is a unconditional willingness to enter into a contract - ✔✔T
An unconditional agreement with an offer is an acceptance - ✔✔T
Consideration is always measured in money - ✔✔F
Privity is the existence of a contractual relationship - ✔✔T
A third-party beneficiary relationship must be intended - ✔✔T
