CM 4211 EXAMS SET 2025/2026 QUESTIONS WITH
ANSWERS TAGGED A+
✔✔T - ✔✔If the owner's field rep. is not authorized to issue change orders, a contractor
who performs such a change may not get paid for the change work
✔✔T - ✔✔A construction change is a change to the work ordered by the owner but
which the owner feels does not require a change order
✔✔T - ✔✔A constructive change requires prompt notice by the contractor to the owner
to allow the contractor to get paid for the change work
✔✔T - ✔✔The force account method of equitable adjustment of cost when a change in
the work occurs requires daily records be kept of the change work agreed to by the
owner's representative on a daily basis
✔✔T - ✔✔On change work, the contractor may be entitled to impact costs in addition to
proximate costs provided that the contractor can prove such impact costs
✔✔T - ✔✔Failure of the owner to promptly investigate a differing site condition is a
breach of contract by the owner
✔✔T - ✔✔Prompt notification by the contractor to the owner of a differing site condition
may be waived by the courts if it is determined that the lack of notice did not prejudice
the rights of the owner
✔✔T - ✔✔An exculpatory clause in the contract relieving the owner from payment for
changes almost never outweighs a differing site conditions clause
✔✔T - ✔✔One of the stumbling blocks to recovery on a differing site conditions claim is
the keeping of adequate records to support the damage amount
✔✔T - ✔✔A differing site condition is one of the three main reasons for delays in
construction contracting
✔✔T - ✔✔A delay in the work may be caused by owner interference
✔✔T - ✔✔A compensable delay entitles the contractor to a cost and/or time adjustment
✔✔T - ✔✔A "take it or leave it" contract is a contract adhesion
✔✔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
✔✔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
ANSWERS TAGGED A+
✔✔T - ✔✔If the owner's field rep. is not authorized to issue change orders, a contractor
who performs such a change may not get paid for the change work
✔✔T - ✔✔A construction change is a change to the work ordered by the owner but
which the owner feels does not require a change order
✔✔T - ✔✔A constructive change requires prompt notice by the contractor to the owner
to allow the contractor to get paid for the change work
✔✔T - ✔✔The force account method of equitable adjustment of cost when a change in
the work occurs requires daily records be kept of the change work agreed to by the
owner's representative on a daily basis
✔✔T - ✔✔On change work, the contractor may be entitled to impact costs in addition to
proximate costs provided that the contractor can prove such impact costs
✔✔T - ✔✔Failure of the owner to promptly investigate a differing site condition is a
breach of contract by the owner
✔✔T - ✔✔Prompt notification by the contractor to the owner of a differing site condition
may be waived by the courts if it is determined that the lack of notice did not prejudice
the rights of the owner
✔✔T - ✔✔An exculpatory clause in the contract relieving the owner from payment for
changes almost never outweighs a differing site conditions clause
✔✔T - ✔✔One of the stumbling blocks to recovery on a differing site conditions claim is
the keeping of adequate records to support the damage amount
✔✔T - ✔✔A differing site condition is one of the three main reasons for delays in
construction contracting
✔✔T - ✔✔A delay in the work may be caused by owner interference
✔✔T - ✔✔A compensable delay entitles the contractor to a cost and/or time adjustment
✔✔T - ✔✔A "take it or leave it" contract is a contract adhesion
✔✔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
✔✔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
