51 Professional Practice

Question 1

What must be proven for damages to be collected from a strict liability in tort?

Answer 1

It must be shown that a product defect caused an injury. Negligence need not be proven nor must the manufacturer know about the defect before release

Question 2

A tort is?

Answer 2

Civil wrong committed against a person or his/her property which results in some form of damages. Torts are normally resolved through lawsuits

Question 3

What is a boilerplate clause?

Answer 3

Clauses that have specific wording that normally would not be changed

Question 4

Lump sum fee

Answer 4

Fee agreed between owner and contractor, typically used for small projects where the scope of work is clearly defined

Question 5

Unit price

Answer 5

Fees based on quantities and unit pricing. Works best when materials can be accurately identified and estimated before the contract is finalized.

Question 6

Cost plus fixed fee

Answer 6

All costs incurred by engineer is paid for by owner/client. Client also pays predetermined fee as profit to contractor. Has advantage when scope cannot be accurately determined in advance.

Question 7

Per diem

Answer 7

Engineer paid a specific sum for each day spent on job. Travel fees are included on top of the sum as well

Question 8

Salary plus

Answer 8

Client pays the employees on engineer’s payroll plus an additional percentage to cover indirect overhead and profit plus certain direct expenses

Question 9

Retainer

Answer 9

Minimum amount paid by the client for a normal amount or work expected during an agreed-upon period. Nonreturnable even is engineer performs little work.

Question 10

Incentive

Answer 10

Based on established target costs and fees and lists min/max fees and an adjustment formula.

Question 11

Percentage of construction

Answer 11

Pays engineer a percentage of the final total cost of the project.