CM 4211 Final questions with verified answers
If a "no-pay-without-signed-change-order" provision is in a construction contract,
there must be a signed change order prior to the change work being done or the
contractor has no chance of getting paid Ans✓✓-F, not prior. Contractor
proceeds with work
A cardinal change is one whose six dis such that it is clearly within the general
scope of the contract Ans✓✓-F, not within general scope of contract
A cardinal change is a violation of the public bid laws if it is made on a private
project Ans✓✓-F, made on a PUBLIC project
Forward pricing is determined by the owner alone as an equitable adjustment of
cost when a change in the work occurs Ans✓✓-F, determined by owner and
contractor
A contractor is not entitled to overhead and profit if a force account method is
used when a change in the work occurs Ans✓✓-F, IS entitled
A court may ignore a contract requirement of a written change order if there are
contemporaneous words, acts, or conduct, or earlier patterns of behavior
suggesting that a written change is necessary Ans✓✓-F, written change is NOT
necessary
Differing site conditions clauses almost always require the constructor to notify
the owner in writing of the changed condition after the change work is completed
Ans✓✓-F, after the change work is STARTED
,A Type I differing site condition is one that is not normally encountered during the
contracted type of construction Ans✓✓-F, type ll
A differing site condition clause is an exculpatory clause Ans✓✓-F
Additional money for a differing sit condition is an implied right of the contractor
Ans✓✓-F, not implied. Must be written
A differing site condition clause relieves the contractor from having to do a pre-
bid site inspection Ans✓✓-F, does not relieve
Misrepresentation by the owner does not give the contractor relief in the absence
of a differing site conditions clause Ans✓✓-F, DOES
A suspension of work is an order from the owner to permanently stop
performance of all or part of the work Ans✓✓-F, Temporarily stop
The main reason for an excusable delay is late delivery of materials to the project
site Ans✓✓-F
In general, courts will enforce "no-damages-for-delay" clauses if the delay results
from active owner interference Ans✓✓-F, says owner will not be liable to
contractor due to delays
A termination of the project by the owner may be only effective as to a part of the
project and not the entire project Ans✓✓-F, can be entire project
,A construction contractor will not be entitled to profit on the unfinished work in a
contract if the owner terminates the project for convenience Ans✓✓-F, will be
entitled if terminated for convenience
Liquidated damages are a common law breach remedy Ans✓✓-F, not common
law
The courts may not enforce liquidated damages if they are a reasonable
approximation of the actual damages Ans✓✓-F, MAY enforce
The normal relief for force majeure is a cost a cost adjustment Ans✓✓-F, TIME
adjustment
The owner has a duty to give a time extension some time before the project is
completed when a supported claim is made Ans✓✓-F, give extension at a
reasonable time before completion
The right for a contractor to voluntarily accelerate work must be included in the
contract Ans✓✓-F, right for an OWNER to REQUIRE
The owner has the implied right to direct acceleration Ans✓✓-F, to
CONSTRUCTIVE acceleration
Completion of the work before the original contract deadline is one of the four
elements required to prove construction acceleration Ans✓✓-F, before the
ADJUSTED contract deadline
, Interpretation of the contract is something that is decided by the owner Ans✓✓-
F, decided by courts
Manifestations of intent are not important if the express contract terms are
unclear Ans✓✓-F, ARE important
Documentation is the reason for the hearsay rule Ans✓✓-F, is the EXCEPTION
The worst way to handle claims is to anticipate them and avoid them Ans✓✓-F
A construction contractor's claim is resolved by an owner's denial of proposal for
a contract change in time or price Ans✓✓-F, not resolved bu TRIGGERED
Proximate costs are those directly related to the work, but never include profit
and overhead Ans✓✓-F, AND included in profit and over head
The "measured mile analysis" is the preferred method of determining time-
related delays in work performance Ans✓✓-F, determining time-DECREASED
EFFICIENCY in work performance
Arbitration results are not binding on the parties to the arbitration Ans✓✓-F, are
binding
Mediation results are binding on the parties to the mediation Ans✓✓-F, are not
binding
If a "no-pay-without-signed-change-order" provision is in a construction contract,
there must be a signed change order prior to the change work being done or the
contractor has no chance of getting paid Ans✓✓-F, not prior. Contractor
proceeds with work
A cardinal change is one whose six dis such that it is clearly within the general
scope of the contract Ans✓✓-F, not within general scope of contract
A cardinal change is a violation of the public bid laws if it is made on a private
project Ans✓✓-F, made on a PUBLIC project
Forward pricing is determined by the owner alone as an equitable adjustment of
cost when a change in the work occurs Ans✓✓-F, determined by owner and
contractor
A contractor is not entitled to overhead and profit if a force account method is
used when a change in the work occurs Ans✓✓-F, IS entitled
A court may ignore a contract requirement of a written change order if there are
contemporaneous words, acts, or conduct, or earlier patterns of behavior
suggesting that a written change is necessary Ans✓✓-F, written change is NOT
necessary
Differing site conditions clauses almost always require the constructor to notify
the owner in writing of the changed condition after the change work is completed
Ans✓✓-F, after the change work is STARTED
,A Type I differing site condition is one that is not normally encountered during the
contracted type of construction Ans✓✓-F, type ll
A differing site condition clause is an exculpatory clause Ans✓✓-F
Additional money for a differing sit condition is an implied right of the contractor
Ans✓✓-F, not implied. Must be written
A differing site condition clause relieves the contractor from having to do a pre-
bid site inspection Ans✓✓-F, does not relieve
Misrepresentation by the owner does not give the contractor relief in the absence
of a differing site conditions clause Ans✓✓-F, DOES
A suspension of work is an order from the owner to permanently stop
performance of all or part of the work Ans✓✓-F, Temporarily stop
The main reason for an excusable delay is late delivery of materials to the project
site Ans✓✓-F
In general, courts will enforce "no-damages-for-delay" clauses if the delay results
from active owner interference Ans✓✓-F, says owner will not be liable to
contractor due to delays
A termination of the project by the owner may be only effective as to a part of the
project and not the entire project Ans✓✓-F, can be entire project
,A construction contractor will not be entitled to profit on the unfinished work in a
contract if the owner terminates the project for convenience Ans✓✓-F, will be
entitled if terminated for convenience
Liquidated damages are a common law breach remedy Ans✓✓-F, not common
law
The courts may not enforce liquidated damages if they are a reasonable
approximation of the actual damages Ans✓✓-F, MAY enforce
The normal relief for force majeure is a cost a cost adjustment Ans✓✓-F, TIME
adjustment
The owner has a duty to give a time extension some time before the project is
completed when a supported claim is made Ans✓✓-F, give extension at a
reasonable time before completion
The right for a contractor to voluntarily accelerate work must be included in the
contract Ans✓✓-F, right for an OWNER to REQUIRE
The owner has the implied right to direct acceleration Ans✓✓-F, to
CONSTRUCTIVE acceleration
Completion of the work before the original contract deadline is one of the four
elements required to prove construction acceleration Ans✓✓-F, before the
ADJUSTED contract deadline
, Interpretation of the contract is something that is decided by the owner Ans✓✓-
F, decided by courts
Manifestations of intent are not important if the express contract terms are
unclear Ans✓✓-F, ARE important
Documentation is the reason for the hearsay rule Ans✓✓-F, is the EXCEPTION
The worst way to handle claims is to anticipate them and avoid them Ans✓✓-F
A construction contractor's claim is resolved by an owner's denial of proposal for
a contract change in time or price Ans✓✓-F, not resolved bu TRIGGERED
Proximate costs are those directly related to the work, but never include profit
and overhead Ans✓✓-F, AND included in profit and over head
The "measured mile analysis" is the preferred method of determining time-
related delays in work performance Ans✓✓-F, determining time-DECREASED
EFFICIENCY in work performance
Arbitration results are not binding on the parties to the arbitration Ans✓✓-F, are
binding
Mediation results are binding on the parties to the mediation Ans✓✓-F, are not
binding
