CM 4211 Final Exam Study Questions Solved
100% Correct | Verified Solutions
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
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
F - ✔✔A Louisiana requirement for a contract is parties legally incapable of contracting
T - ✔✔An offer is a unconditional willingness to enter into a contract
T - ✔✔An unconditional agreement with an offer is an acceptance
F - ✔✔Consideration is always measured in money
T - ✔✔Privity is the existence of a contractual relationship
100% Correct | Verified Solutions
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
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
F - ✔✔A Louisiana requirement for a contract is parties legally incapable of contracting
T - ✔✔An offer is a unconditional willingness to enter into a contract
T - ✔✔An unconditional agreement with an offer is an acceptance
F - ✔✔Consideration is always measured in money
T - ✔✔Privity is the existence of a contractual relationship
