CM 4211 Final Exam Study Questions Solved
100% Correct | Verified Solutions
T - ✔✔If work is delayed by the owner, but the contractor still completes the work within
the contract time limits, the contractor may be entitled to a cost adjustment
T - ✔✔The two main reason of giving notice to the owner of a delay is to start the delay
time period and to give the owner time the opportunity to do something about the delay, if
possible
T - ✔✔Constructive notice is when the owner is charged with knowledge of a delay
even though the construction contractor does not give actual notice of the delay
T - ✔✔Liquidated damages are an agreed upon amount per day for each day that
the contract is finished after the adjusted completion date
T - ✔✔Liquidated damages are not a penalty
T - ✔✔Force majeure means a condition beyond the control of a party
T - ✔✔To support a claim for a time extension, a construction contractor must support
the claim by showing the delay was beyond its control and that it consumed time affecting
completion of the project
T - ✔✔Acceleration is the completion of contract work at a more rapid pace than required
by the contract
,T - ✔✔Constructive acceleration is the forced completion of contract work in a shorter
period than should have been allowed by the issuance of a properly supported contract
time extension
T - ✔✔The failure of the owner to timely grant a time extension may result in
constructive acceleration
T - ✔✔Course of dealing is determined by how the owner and the construction
contractor performed on prior contracts
T - ✔✔Customs and trade practices are not considered when determining the clarity of
the express contract terms
T - ✔✔Reading the contract "as a whole" means that an interpretation must be
considered in context
T - ✔✔To prove course of dealing necessarily requires parole evidence
T - ✔✔The doctrine of contra proferentem is only considered a last resort
T - ✔✔The doctrine of contra proferentem states the contract will be construed against
the drafter of the document when all other manifestations do not resolve the problem
T - ✔✔Documentation is another name for well kept job records
T - ✔✔The cardinal rule of good contract administration is to put it in writing
T - ✔✔Documentation is best when it is kept daily
, T - ✔✔"He said she said" is an example of hearsay
T - ✔✔The writer of the documentation must have been present when the events in the
documentation were recorded and/or in a position to have accurate knowledge of the events
in order for the documentation to be introduced into evidence
T - ✔✔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
100% Correct | Verified Solutions
T - ✔✔If work is delayed by the owner, but the contractor still completes the work within
the contract time limits, the contractor may be entitled to a cost adjustment
T - ✔✔The two main reason of giving notice to the owner of a delay is to start the delay
time period and to give the owner time the opportunity to do something about the delay, if
possible
T - ✔✔Constructive notice is when the owner is charged with knowledge of a delay
even though the construction contractor does not give actual notice of the delay
T - ✔✔Liquidated damages are an agreed upon amount per day for each day that
the contract is finished after the adjusted completion date
T - ✔✔Liquidated damages are not a penalty
T - ✔✔Force majeure means a condition beyond the control of a party
T - ✔✔To support a claim for a time extension, a construction contractor must support
the claim by showing the delay was beyond its control and that it consumed time affecting
completion of the project
T - ✔✔Acceleration is the completion of contract work at a more rapid pace than required
by the contract
,T - ✔✔Constructive acceleration is the forced completion of contract work in a shorter
period than should have been allowed by the issuance of a properly supported contract
time extension
T - ✔✔The failure of the owner to timely grant a time extension may result in
constructive acceleration
T - ✔✔Course of dealing is determined by how the owner and the construction
contractor performed on prior contracts
T - ✔✔Customs and trade practices are not considered when determining the clarity of
the express contract terms
T - ✔✔Reading the contract "as a whole" means that an interpretation must be
considered in context
T - ✔✔To prove course of dealing necessarily requires parole evidence
T - ✔✔The doctrine of contra proferentem is only considered a last resort
T - ✔✔The doctrine of contra proferentem states the contract will be construed against
the drafter of the document when all other manifestations do not resolve the problem
T - ✔✔Documentation is another name for well kept job records
T - ✔✔The cardinal rule of good contract administration is to put it in writing
T - ✔✔Documentation is best when it is kept daily
, T - ✔✔"He said she said" is an example of hearsay
T - ✔✔The writer of the documentation must have been present when the events in the
documentation were recorded and/or in a position to have accurate knowledge of the events
in order for the documentation to be introduced into evidence
T - ✔✔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
