CPC Exam
The Written Agreement - Answer-The Agreement contains certain terms and conditions or contract
clauses that take precedence over all other documents and it establishes the scope and intent of the
parties.
The Whole Contract Clause - Answer-This clause is a list of the contract documents that shall be utilized
to interpret the contract if conflicts arise. This is sometimes referred to as the "whole contract." This
clause in the Agreement states that the documents listed "form the contract and all are as fully a part of
the Contract as if attached to this Agreement."
The Intent of the Contract Clause - Answer-This clause describes the specific work the contractor or
subcontractor shall perform according to the Agreement. This description should include trade activities,
systems and/or locations, general inclusions and the intent of the project.
Incorporated by Reference Clause - Answer-The Agreement pulls together, and "incorporates by
reference," under one cover all documents such as the (1) General Conditions, (2) Supplementary
General Conditions, (3) General Requirements, (4) Technical Specifications, (5) Plans, (6) Addenda
describing changes published to these original documents, and normally a provision for Modifications
after the Agreement is signed.
Contractual Provisions Clause - Answer-This clause should contain the location the law is governed by,
the prevailing wage rate table including the county and state, the minimum number of skills craft
,workers, the expected material leadtime, the start date of construction, the number of days to complete
construction, and an expected completion date.
Enumeration Clause - Answer-The enumeration clause contains a list of each document used to price
the work. Each document is preceded by page or sheet numbers, dates, "issued for" and revision
numbers.
Whole Contract Clause Does Not Apply - Answer-Pre-Bid Information, Instructions to Bidders,
Information Available to Bidders (Soil Reports, Site Plans), Bid Forms, Proposal Supplements, Proposal
Bid Forms, Addenda, Alternates, Modifications, or it does not list the Specifications and Plans Index
which would allow the use of the unlisted documents. Therefore, if a conflict arises from the bidding
requirement documents, these normally are not admissible evidence.
Standardized General Conditions - Answer-Numerous construction associations have written their
version of Standardized General Conditions. These documents define the basic rights, responsibilities
and relationships of all parties involved in the construction process. It also sets forth the manner and
general procedures whereby the provisions of the contract are to be implemented according to
accepted business practices in the construction industry. This document has preprinted terms. These
General Conditions are "incorporated by reference."
General Requirements - Answer-This document contains specific administrative and procedural
requirements that apply to all of the Technical Specification sections. The General Requirements contain
specifics directly applicable to a particular project and are written separately for each project. These
expand the broad administrative and procedural requirements stated in the General and Supplementary
Conditions documents, but they apply to the work of all Technical Specification sections. This document
also Summarizes the Scope of Work, use of the site, Owner Occupancy of building during construction,
Phased construction activities, multiple prime contract requirements, and exclusions and inclusions as
they relate to the Plans. The General Requirements describe the Contractor's administrative, procedural
and other activities that the Contractor must provide.
Specifications - Answer-This document contains written description of the specific requirements relating
to a specific product or system, and establishes a legally precise picture of the technical aspects of the
work to be preformed. The specification provisions define and establish the quality level procedures,
standards of work and material standards. Each subsection defines the scope, technical requirements,
performance requirements, material suppliers, and quality requirements. These are frequently
,standardized, therefore, specific requirements over the general requirements, or the most stringent
requirements prevail.
Plans or Drawings - Answer-This document graphically portrays the physical aspects of the structure,
showing the arrangement, dimensions, construction details, materials, and other information necessary
for estimating and building the project. A job covered by drawings that are complete, intelligible,
accurate, detailed, and well correlated can be priced much more realistically and claims for extra
payment during construction are minimized, and the owner is likely to get a much better finished
product at a lesser cost.
Plan Notes - Answer-When contradictions exist between the plan notes and the specifications, the more
specific item governs over the general item. The general principle of law described above is that the
specific takes precedence over the general.
Owner's Implied Warranty - Answer-The courts' have concluded that when a project owner provides a
set of plans or site plans indicating utility locations and elevations to the contractor, they are extending
an implied warranty that the documents are accurate, complete, and suitable for their intended
purpose. This implied warranty has been upheld by the courts if the owner provides distances,
elevations or measurements even though the contract documents were stamped "for information
purposes only" as a contractual disclaimer.
Construed Against the Author - Answer-If any clause of a contract is ambiguous then that provision will
be interpreted against the party who prepared the document. The courts have ruled that if both
interpretations are reasonable then the interpretation by the party that did not draft the clause will
prevail.
Trade Practices and Trade Terms - Answer-In the construction industry, numerous terms take on a
specialized meaning within the industry. Courts call these trade practices or trade terms. For instance, if
the contract documents included two typical details which were in conflict with each other regarding
the installation, then the detail that was consistent with local trade practices will prevail. Also,
construction trade terms such as rebar, caisson, sheet piles, and piles are distinctive to construction, and
the courts will interpret the terms according to their commonly accepted meaning within the
construction industry.
, Order of Precedence - Answer-A clause in the documents that states that in the event of an internal
conflict, error, ambiguity, or discrepancy within or between the contract documents, certain documents
or portions of the document shall take precedence over other documents or portions of the document.
For example, in EJCDC 1910-8 it states that "in resolving conflicts, errors, and discrepancies, the
documents shall be given precedence in the following order: Modifications, Agreement, Addenda, HUD,
Supplementary General Conditions, Plan Notes, Plans, Technical Specifications."
Condition Precedent - Answer-Promise is based upon events taking place before something else will
occur. Common words used in these clauses are:" When" or "If." Some examples of a Condition
Precedent are: "Licensed," "Waiver," "Pay when Paid." These words can limit your ability to recover.
Condition Concurrent - Answer-These are events that go on simultaneously. Some examples to look for
are:" Install Pipe one block at a time,." and "Close one block."
Condition Subsequent - Answer-If something is not done following to the event within the specified
time limits, this event relieves the promissory of any liability already attached. Some examples are
words such as: "Policy claim within time," "Claims for Contract Change Order."
Major elements required to form an enforceable contract. - Answer-Meeting of the minds
Offer is Made
Acceptance of the Offer
Consideration
Legal Purpose
Legal Capacity
Doctrine of Promissory Estoppel - Answer-This doctrine holds that if the prime contractor reasonably
relies on the promise or price of the subcontractor to its detriment, then the subcontractor must be held
to its promise in order to avoid harm to the prime contractor. To ensure that this promise isn't indefinite
or unreasonable, the subcontractor provides a time limit for acceptance of their bid.
The Written Agreement - Answer-The Agreement contains certain terms and conditions or contract
clauses that take precedence over all other documents and it establishes the scope and intent of the
parties.
The Whole Contract Clause - Answer-This clause is a list of the contract documents that shall be utilized
to interpret the contract if conflicts arise. This is sometimes referred to as the "whole contract." This
clause in the Agreement states that the documents listed "form the contract and all are as fully a part of
the Contract as if attached to this Agreement."
The Intent of the Contract Clause - Answer-This clause describes the specific work the contractor or
subcontractor shall perform according to the Agreement. This description should include trade activities,
systems and/or locations, general inclusions and the intent of the project.
Incorporated by Reference Clause - Answer-The Agreement pulls together, and "incorporates by
reference," under one cover all documents such as the (1) General Conditions, (2) Supplementary
General Conditions, (3) General Requirements, (4) Technical Specifications, (5) Plans, (6) Addenda
describing changes published to these original documents, and normally a provision for Modifications
after the Agreement is signed.
Contractual Provisions Clause - Answer-This clause should contain the location the law is governed by,
the prevailing wage rate table including the county and state, the minimum number of skills craft
,workers, the expected material leadtime, the start date of construction, the number of days to complete
construction, and an expected completion date.
Enumeration Clause - Answer-The enumeration clause contains a list of each document used to price
the work. Each document is preceded by page or sheet numbers, dates, "issued for" and revision
numbers.
Whole Contract Clause Does Not Apply - Answer-Pre-Bid Information, Instructions to Bidders,
Information Available to Bidders (Soil Reports, Site Plans), Bid Forms, Proposal Supplements, Proposal
Bid Forms, Addenda, Alternates, Modifications, or it does not list the Specifications and Plans Index
which would allow the use of the unlisted documents. Therefore, if a conflict arises from the bidding
requirement documents, these normally are not admissible evidence.
Standardized General Conditions - Answer-Numerous construction associations have written their
version of Standardized General Conditions. These documents define the basic rights, responsibilities
and relationships of all parties involved in the construction process. It also sets forth the manner and
general procedures whereby the provisions of the contract are to be implemented according to
accepted business practices in the construction industry. This document has preprinted terms. These
General Conditions are "incorporated by reference."
General Requirements - Answer-This document contains specific administrative and procedural
requirements that apply to all of the Technical Specification sections. The General Requirements contain
specifics directly applicable to a particular project and are written separately for each project. These
expand the broad administrative and procedural requirements stated in the General and Supplementary
Conditions documents, but they apply to the work of all Technical Specification sections. This document
also Summarizes the Scope of Work, use of the site, Owner Occupancy of building during construction,
Phased construction activities, multiple prime contract requirements, and exclusions and inclusions as
they relate to the Plans. The General Requirements describe the Contractor's administrative, procedural
and other activities that the Contractor must provide.
Specifications - Answer-This document contains written description of the specific requirements relating
to a specific product or system, and establishes a legally precise picture of the technical aspects of the
work to be preformed. The specification provisions define and establish the quality level procedures,
standards of work and material standards. Each subsection defines the scope, technical requirements,
performance requirements, material suppliers, and quality requirements. These are frequently
,standardized, therefore, specific requirements over the general requirements, or the most stringent
requirements prevail.
Plans or Drawings - Answer-This document graphically portrays the physical aspects of the structure,
showing the arrangement, dimensions, construction details, materials, and other information necessary
for estimating and building the project. A job covered by drawings that are complete, intelligible,
accurate, detailed, and well correlated can be priced much more realistically and claims for extra
payment during construction are minimized, and the owner is likely to get a much better finished
product at a lesser cost.
Plan Notes - Answer-When contradictions exist between the plan notes and the specifications, the more
specific item governs over the general item. The general principle of law described above is that the
specific takes precedence over the general.
Owner's Implied Warranty - Answer-The courts' have concluded that when a project owner provides a
set of plans or site plans indicating utility locations and elevations to the contractor, they are extending
an implied warranty that the documents are accurate, complete, and suitable for their intended
purpose. This implied warranty has been upheld by the courts if the owner provides distances,
elevations or measurements even though the contract documents were stamped "for information
purposes only" as a contractual disclaimer.
Construed Against the Author - Answer-If any clause of a contract is ambiguous then that provision will
be interpreted against the party who prepared the document. The courts have ruled that if both
interpretations are reasonable then the interpretation by the party that did not draft the clause will
prevail.
Trade Practices and Trade Terms - Answer-In the construction industry, numerous terms take on a
specialized meaning within the industry. Courts call these trade practices or trade terms. For instance, if
the contract documents included two typical details which were in conflict with each other regarding
the installation, then the detail that was consistent with local trade practices will prevail. Also,
construction trade terms such as rebar, caisson, sheet piles, and piles are distinctive to construction, and
the courts will interpret the terms according to their commonly accepted meaning within the
construction industry.
, Order of Precedence - Answer-A clause in the documents that states that in the event of an internal
conflict, error, ambiguity, or discrepancy within or between the contract documents, certain documents
or portions of the document shall take precedence over other documents or portions of the document.
For example, in EJCDC 1910-8 it states that "in resolving conflicts, errors, and discrepancies, the
documents shall be given precedence in the following order: Modifications, Agreement, Addenda, HUD,
Supplementary General Conditions, Plan Notes, Plans, Technical Specifications."
Condition Precedent - Answer-Promise is based upon events taking place before something else will
occur. Common words used in these clauses are:" When" or "If." Some examples of a Condition
Precedent are: "Licensed," "Waiver," "Pay when Paid." These words can limit your ability to recover.
Condition Concurrent - Answer-These are events that go on simultaneously. Some examples to look for
are:" Install Pipe one block at a time,." and "Close one block."
Condition Subsequent - Answer-If something is not done following to the event within the specified
time limits, this event relieves the promissory of any liability already attached. Some examples are
words such as: "Policy claim within time," "Claims for Contract Change Order."
Major elements required to form an enforceable contract. - Answer-Meeting of the minds
Offer is Made
Acceptance of the Offer
Consideration
Legal Purpose
Legal Capacity
Doctrine of Promissory Estoppel - Answer-This doctrine holds that if the prime contractor reasonably
relies on the promise or price of the subcontractor to its detriment, then the subcontractor must be held
to its promise in order to avoid harm to the prime contractor. To ensure that this promise isn't indefinite
or unreasonable, the subcontractor provides a time limit for acceptance of their bid.
