Chapter 14 Matters of Time

Question 1

Working Day schedule is appropriate when

Answer 1

The site conditions are subject to delays (weather, differing site conditions)

Question 2

Federal agencies use?

Answer 2

Calendar day schedule

Question 3

State agencies use

Answer 3

Working day schedule

Question 4

Private O uses what

Answer 4

Either calendar or fixes completion day

Question 5

What does O require for his assurance that C will complete the job?

Answer 5

Requires C to submit a schedule before conference

Question 6

Critical Activity

Answer 6

One that must start ASAP as it’s proceeding activity has been completed and must be completed in the allotted time or the project will be delayed.

Question 7

Define the Critical Path Method

Answer 7

Longest sequence of activities in a project to complete on the due date

Question 8

Who Owns the Float?

Answer 8

K should address it otherwise it could be either O or C.

Question 9

Construction Schedule

Answer 9

Contract requires C to submit schedule that shows how projects is going to be executed

Question 10

Calendar days

Answer 10

Considers all calendar days including weekends and holidays

Question 11

Working Day Schedule

Answer 11

Considers only working days excludes weekends and holidays

Question 12

Limitation of Operations

Answer 12

O may place a restriction on C by placing limitation of operations provision that specifically prohibits work on certain days

Question 13

Three types of Delays

Answer 13

• The C and his agents
• The O and his agents
• Force Majeure or Acts of God

Question 14

Delay of C or his agents

Answer 14

If delay is of such magnitude, O can terminate project if it’s too much. Usually O will try to work with C

Question 15

Delay of O or his agents

Answer 15

• An extension is usually granted to duration

- C’s right to terminate stems only from O’s delay in making payments

Question 16

Delay of Force Majeur or Acts of God

Answer 16

Neither parties can claim damages

Question 17

No damage for delay clause

Answer 17

If delay was within contemplation of the parties at the time the K was entered, no damage clause in Valid.

Question 18

Exculpatory clause

Answer 18

Excuse one of the parties to the K from liabilities which that party would otherwise incurr

Question 19

Excusable Delays

Answer 19

• Acts of God

- Weather delays

Question 20

Actual Acceleration

Answer 20

Direct orders from O to increase workers, work overtime, or extra shifts

Question 21

Constructive Acceleration

Answer 21

Increasing workers to catch up on excusable delays because of O’s refusal to grant extension

Question 22

Termination for default of C

Answer 22

Owner lists the conditions under which the owner will terminate the contract and make a claim against the contractor for damages

Question 23

Termination for Convienience

Answer 23

O may choose to stop project regardless of completion status if it’s in best interest to O

Question 24

Per Diem

Answer 24

Liquidated damages per delay day

Question 25

Completion of project

Answer 25

When the space can be occupied and used for intended use

Certificate of occupancy is provided

Question 26

Substantially Complete

Answer 26

Space can be occupied despite minor deficiencies and corrections

Question 27

Punch List

Answer 27

Documentation of minor deficiencies of project

Question 28

Ripple Effect

Answer 28

The cost impact of a change or delay on one work item has effect on various portions of project

Question 29

Home Office Overhead

Answer 29

Includes the costs of operating and maintaining the home office.

Question 30

OH(P) = (Billing(P)/ Billing(T))*OH(T)

Daily K OH rate= OH(P)/ Contract days including delays

OH(Delay)= Daily K OH rate* days delayed

Answer 30

Memorize that shit