CM 4211 Study Questions for Exam Solved
100% Correct | Verified Solutions| Pass
Guaranteed
a steward is a union employee on a particular project - ✔✔False- Union representative
a steward gets paid at the top rate for his craft - ✔✔False-
OSHA rules exempt construction work from its requirement of a work environment free from
hazards because construction work is hazardous by nature - ✔✔False- Do not exempt
so long as a contractor has a written contract with an individual to provide services for the
contractor the individual will not be considered a statutory employee of the contractor -
✔✔False- Will be considered
a purchase order is a second tier contract - ✔✔True
on a construction project purchase orders are used only for the sale of materials used at the
sight - ✔✔False- Used for other thinfs as well
determination of what law is applicable often hinges upon whether the sale is of materials
or service - ✔✔True
the servicing of chemical toilets at a construction site is an example of a purchase order
for services - ✔✔True
,flow-down language incorporates the prime contract provisions in a contract on a lower tier -
✔✔True
how materials are packaged and marked is usually not part of shipping instructions
- ✔✔False- usually are
if a purchase order has a no-pay-until-paid provison, the supplier will not get paid at all if
the owner does not pay the contractor - ✔✔False- Supplier will get paid
FOB means freight over board - ✔✔False- Freight on Board
FOB jobsite means that the contractor is liable for damage during transportation to the jobsite
- ✔✔False- Not liable
Dispute resolution, termination provisions, and indemnification are three of the
many provisions that may be in a purchase orders general conditions - ✔✔True
handwritten provisons usually control over preprinted provisions if there is a conflict in
a purchase order - ✔✔True
a subcontract should be used if an entity is going to be doing significant onsite work -
✔✔True
a subcontractors work is always specified if the prime contract - ✔✔False- Not always
the prime contractor has to have control over when a subcontractor foes its work because
of the prime contractors schedule and time requirements - ✔✔True
for a subcontract to be valid, a prime contract must exist first - ✔✔True
, flow of contract liability may subject a subcontractor to more damages than just the
liquidated damages suffered by the prime contractor for a problem caused by the
subcontractor - ✔✔True
it is a good idea for a prime contractor to include indemnification language in a subcontract if
the prime contract has indemnified the owner - ✔✔True
a 48 hour clause gives a prime contractor the right to terminate a subcontract if the
subcontractor does not remedy faulty work within 48 hours of being notified by the
prime contractor - ✔✔False- not terminate
1. With strict liability proof of fault is unnecessary - ✔✔T
2. The three sources of liability are contract, tort, and strict. - ✔✔F
3. Apparent authority must be the same as expressed authority for it to be valid - ✔✔F
4. A third-party beneficiary relationship must be intended - ✔✔T
5. Privity is the existence of a contractual relationship. - ✔✔T
6. Consideration is always measured in money. - ✔✔F
8. An offer is a conditional willingness to enter into a contract. - ✔✔F
9. A Louisiana requirement for a contract is consent legally given - ✔✔T
100% Correct | Verified Solutions| Pass
Guaranteed
a steward is a union employee on a particular project - ✔✔False- Union representative
a steward gets paid at the top rate for his craft - ✔✔False-
OSHA rules exempt construction work from its requirement of a work environment free from
hazards because construction work is hazardous by nature - ✔✔False- Do not exempt
so long as a contractor has a written contract with an individual to provide services for the
contractor the individual will not be considered a statutory employee of the contractor -
✔✔False- Will be considered
a purchase order is a second tier contract - ✔✔True
on a construction project purchase orders are used only for the sale of materials used at the
sight - ✔✔False- Used for other thinfs as well
determination of what law is applicable often hinges upon whether the sale is of materials
or service - ✔✔True
the servicing of chemical toilets at a construction site is an example of a purchase order
for services - ✔✔True
,flow-down language incorporates the prime contract provisions in a contract on a lower tier -
✔✔True
how materials are packaged and marked is usually not part of shipping instructions
- ✔✔False- usually are
if a purchase order has a no-pay-until-paid provison, the supplier will not get paid at all if
the owner does not pay the contractor - ✔✔False- Supplier will get paid
FOB means freight over board - ✔✔False- Freight on Board
FOB jobsite means that the contractor is liable for damage during transportation to the jobsite
- ✔✔False- Not liable
Dispute resolution, termination provisions, and indemnification are three of the
many provisions that may be in a purchase orders general conditions - ✔✔True
handwritten provisons usually control over preprinted provisions if there is a conflict in
a purchase order - ✔✔True
a subcontract should be used if an entity is going to be doing significant onsite work -
✔✔True
a subcontractors work is always specified if the prime contract - ✔✔False- Not always
the prime contractor has to have control over when a subcontractor foes its work because
of the prime contractors schedule and time requirements - ✔✔True
for a subcontract to be valid, a prime contract must exist first - ✔✔True
, flow of contract liability may subject a subcontractor to more damages than just the
liquidated damages suffered by the prime contractor for a problem caused by the
subcontractor - ✔✔True
it is a good idea for a prime contractor to include indemnification language in a subcontract if
the prime contract has indemnified the owner - ✔✔True
a 48 hour clause gives a prime contractor the right to terminate a subcontract if the
subcontractor does not remedy faulty work within 48 hours of being notified by the
prime contractor - ✔✔False- not terminate
1. With strict liability proof of fault is unnecessary - ✔✔T
2. The three sources of liability are contract, tort, and strict. - ✔✔F
3. Apparent authority must be the same as expressed authority for it to be valid - ✔✔F
4. A third-party beneficiary relationship must be intended - ✔✔T
5. Privity is the existence of a contractual relationship. - ✔✔T
6. Consideration is always measured in money. - ✔✔F
8. An offer is a conditional willingness to enter into a contract. - ✔✔F
9. A Louisiana requirement for a contract is consent legally given - ✔✔T
