CM 4211 Exam | Questions Solved 100%
Correct | Verified Solutions
A party should not be unjustly enriched, and there was no meeting of the minds -
✔✔Under the doctrine of mistake, a contractor who has a mistake in his bid must be
relieved of the duty to perform and/or allowed to correct the mistake and still be awarded the
contract. What are the two reasons for this doctrine?
It must be capable of subjective determination - ✔✔All of the following are tests that
must be present in order for a contractor to withdraw the bid, except one. Which one?
Reliance was unreasonable - ✔✔All of the following are necessary elements to
recover damages under the doctrine of promissory estoppel, except one. Which one?
Defective plans followed by the contractor - ✔✔A contractor is liable for destruction of a
project until it is accepted, with one exception. Which one of the following is the exception?
When the project can be used by the owner for its intended purpose - ✔✔When
is substantial performance achieved?
Damages are owed from the moment of the passive breach - ✔✔All of the
following statements regarding Louisiana law are true, except one. Which one?
When a party threatens to do something that would be a breach of contract if carried out -
✔✔What is an anticipatory breach of contract?
The accuracy and sufficiency of the plans and specifications are implicitly warranted by the
owner - ✔✔What is the spearin doctrine?
,Contractor was aware of the condition prior to award of the bid - ✔✔All of the following
are necessary when applying the Doctrine of Nondisclosure of superior knowledge, except
one. Which one?
c. Family members in business with each other - ✔✔1. A partnership may be:
b. Limited liability company - ✔✔2. "LLC" stands for:
d. A business entity created for a single business venture - ✔✔3. A joint venture is:
a. Personal liability to owners - ✔✔4. Which one of the following is NOT a characteristic of
a corporation?
a. Personal liability to owners
b. Centralized Management
c. Ease of transferability of ownership
d. Perceptual duration
e. Access to capital by sale of stock
d. As an architect, engineer, or contractor depending on the state - ✔✔5. A
construction manager may be licensed:
b. To insure payment by owners to contractors - ✔✔6. Which one of the following is not
a reason for licensing _______?
d. Changing the work - ✔✔7. Which one of the following is not one of the general
responsibilities of the owner's representative granted under the AIA A201 General Conditions?
a. If third persons are harmed, there would be tort liability
, b. There is contract liability
c. Tort liability would be strict
d. If statues limit the infiltration in 400 gallons per day per inch diameter of pipe per mile,
there would be statutory liability
{e. All of the above statements are true} - ✔✔8. A construction contract contains a provision
that the contractor must guarantee that a sewer system to be installed will not be subject by
groundwater infiltration of over 300 gallons per day per inch diameter of pipe per mile. Upon
completion of the installation, tests reveal infiltration of 8000 gallons per day in 12,000 feet per
8-inch pipe. Which one of the following statements is false?
a. Absolute - ✔✔9. Which one of the following is not a source of liability in the
construction process?
e. All of the above can be caused by either an intentional act or via negligence - ✔✔10.
Liability usually can be caused by an intentional act or via negligence. Which of the
following can only be caused via negligence?
a. Contract Liability
b. Tort Liability
c. Statutory Liability
d. None of the above can be caused by either an intentional act or via negligence
e. All of the above can be caused by either an intentional act or via negligence
b. Privity - ✔✔11. Which one of the following is not one of the Louisiana Civil
Code requirements for a contract to be valid?
a. Contract Liability
b. Tort Liability
c. Statutory Liability
d. None of the above can be caused by either an intentional act or via negligence
e. All of the above can be caused by either an intentional act or via negligence
Correct | Verified Solutions
A party should not be unjustly enriched, and there was no meeting of the minds -
✔✔Under the doctrine of mistake, a contractor who has a mistake in his bid must be
relieved of the duty to perform and/or allowed to correct the mistake and still be awarded the
contract. What are the two reasons for this doctrine?
It must be capable of subjective determination - ✔✔All of the following are tests that
must be present in order for a contractor to withdraw the bid, except one. Which one?
Reliance was unreasonable - ✔✔All of the following are necessary elements to
recover damages under the doctrine of promissory estoppel, except one. Which one?
Defective plans followed by the contractor - ✔✔A contractor is liable for destruction of a
project until it is accepted, with one exception. Which one of the following is the exception?
When the project can be used by the owner for its intended purpose - ✔✔When
is substantial performance achieved?
Damages are owed from the moment of the passive breach - ✔✔All of the
following statements regarding Louisiana law are true, except one. Which one?
When a party threatens to do something that would be a breach of contract if carried out -
✔✔What is an anticipatory breach of contract?
The accuracy and sufficiency of the plans and specifications are implicitly warranted by the
owner - ✔✔What is the spearin doctrine?
,Contractor was aware of the condition prior to award of the bid - ✔✔All of the following
are necessary when applying the Doctrine of Nondisclosure of superior knowledge, except
one. Which one?
c. Family members in business with each other - ✔✔1. A partnership may be:
b. Limited liability company - ✔✔2. "LLC" stands for:
d. A business entity created for a single business venture - ✔✔3. A joint venture is:
a. Personal liability to owners - ✔✔4. Which one of the following is NOT a characteristic of
a corporation?
a. Personal liability to owners
b. Centralized Management
c. Ease of transferability of ownership
d. Perceptual duration
e. Access to capital by sale of stock
d. As an architect, engineer, or contractor depending on the state - ✔✔5. A
construction manager may be licensed:
b. To insure payment by owners to contractors - ✔✔6. Which one of the following is not
a reason for licensing _______?
d. Changing the work - ✔✔7. Which one of the following is not one of the general
responsibilities of the owner's representative granted under the AIA A201 General Conditions?
a. If third persons are harmed, there would be tort liability
, b. There is contract liability
c. Tort liability would be strict
d. If statues limit the infiltration in 400 gallons per day per inch diameter of pipe per mile,
there would be statutory liability
{e. All of the above statements are true} - ✔✔8. A construction contract contains a provision
that the contractor must guarantee that a sewer system to be installed will not be subject by
groundwater infiltration of over 300 gallons per day per inch diameter of pipe per mile. Upon
completion of the installation, tests reveal infiltration of 8000 gallons per day in 12,000 feet per
8-inch pipe. Which one of the following statements is false?
a. Absolute - ✔✔9. Which one of the following is not a source of liability in the
construction process?
e. All of the above can be caused by either an intentional act or via negligence - ✔✔10.
Liability usually can be caused by an intentional act or via negligence. Which of the
following can only be caused via negligence?
a. Contract Liability
b. Tort Liability
c. Statutory Liability
d. None of the above can be caused by either an intentional act or via negligence
e. All of the above can be caused by either an intentional act or via negligence
b. Privity - ✔✔11. Which one of the following is not one of the Louisiana Civil
Code requirements for a contract to be valid?
a. Contract Liability
b. Tort Liability
c. Statutory Liability
d. None of the above can be caused by either an intentional act or via negligence
e. All of the above can be caused by either an intentional act or via negligence
