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Lecture Flashcards

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1
Q

Contractor may bid or negotiate to do the work on the basis of being paid for the cost as they arise, in addition to being paid a fee

A

Cost-plus-fee Contract

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3
Q

TYPES OF CONSTRUCTION CONTRACTS

A

Unit price
Maximum Cost
Lump Sum
Cost-plus-fee

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4
Q

A legal claim against property that has been improved

A

Mechanics Lien

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5
Q

A security interest in the title to the benefit of those who supplied labor or materials that improve the property

A

Mechanics lien

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6
Q

Cost that cannot be allocated to specific projects (operating Overhead)

A

Indirect Cost

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7
Q

Combines financial certainty of lump sum contracts and flexibility of cost-plus-fee contracts

A

Maximum Cost Contract

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10
Q

Rights created by the mechanics lien

A
  1. Right to claim a lien

2. Right to be paid

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11
Q

Percentage of money paid by the owner to the contractor and held in trust

A

Retention

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12
Q

Advantage of Unit Price Contracts?

A

Permits adjustment (additional or deletion ) to be made in contracts

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13
Q

Disadvantages of Unit Price Contracts

A
  1. Difficult to describe the work to be done
  2. Difficult to measure actual quantities of work
  3. Difficult to get lowest bid
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14
Q

It is a type of contract which the designer, consultant or contractor determines the quantity of work

A

Unit price contract

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15
Q

Arises out of the fact of doing construction work

Increases with growing output

A

Direct cost

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16
Q

Advantages of maximum cost contract

A

Provides motivation for the contractor to keep the cost down while increasing profit margin

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17
Q

Bids like lump sum contract; two sums is stated. Maximum cost and fee

A

Maximum Cost Contract

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18
Q

The highest amount of money required to complete the project

A

Maximum Cost

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19
Q

Return to entrepreneurs for taking risks

A

Profit

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20
Q

Cost that cannot be allocated to specific items (job overhead)

  • field supevision
  • mark-up
  • bonds and insurance
A

Direct Cost

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22
Q

Cost incurred for specific items of work

  • job-site labor
  • temporary and permanent materials
  • equipment Cost
A

Direct cost

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23
Q

Arises out of the fact of construction work being business

May change if output changes,but not direct proportions

A

Indirect cost

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24
Q

Serves as means if pricing construction projects

A

Construction Contract

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25
Q

Construction cost

A

Direct cost and Indirect Cost

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26
Q

The party who contracts with the owner to provide construction management services

A

Construction manager

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27
Q

Parties who supplies materials, equipment, etc to build a project

A

Suppliers

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28
Q

The party who contracts with the owner to construct the project or to do specific tasks as requested by the owner

A

Contractor

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29
Q

calculated as percent of fixed sum or percent of final cost

A

Fee

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30
Q

Contract with direct consultant

A

Indirect consulant

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31
Q

Contract directly to the designer

A

Direct consulatant

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32
Q

The party retained by the designer to resolve particular problems of design in portions of the total project, or provide highly specialized service

A

Consultant

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33
Q

The party retained by the owner to design the project as contemplated by the owner

A

Designer

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34
Q

Amount of money the contractor requires to cover operating overhead and profit

A

Fee

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35
Q

The party who owns the land, has the right to land, and who presumably has the means to develop the land

A

Owner/client

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36
Q

What are the means of providing security of a contractor?

A

Bid bond and performance bond

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37
Q

What are the means of providing security of the owner?

A

Rights to land

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38
Q

An arrangement whereby the project proponent undertakes the financing and construction of an infrastructure facility
Leases the facility to the government for a fixed period to recover investment

A

Build-Lease-Transfer

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39
Q

Government-funded projects

A

Public Construction Projects

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40
Q

Most common financing scheme for government projects since most infrastructures can be used by the paying public

A

Build-Operate-Transfer

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41
Q

Types of construction projects

A

Public and Private construction Projects

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42
Q

Common government-funded project

A 
Roads/bridges/railroads
Airports and hangers
Portworks/river and shore improvement 
Tunnels
Irrigation/drainage/water supply/sewerage
Buildings
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43
Q

Finances the project

A

Owner

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44
Q

In-charge with the overall coordination of kf the entire construction program

A

Project manager

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45
Q

Parties to a construction contract

A
  1. Owner
  2. Designer
  3. Consultant
  4. Contractor
  5. Construction managers
  6. Employees
  7. Suppliers
  8. Other parties
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46
Q

Participants of Construction Projects

A

Design professionals
Construction Professionals
Owner
Project Manager

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47
Q

Interpret or assist the owner in developing project scope

A

Design Professionals

48
Q

Individual or organization for whom the project is built

A

Owner

51
Q

Arrangement whereby the project proponent undertakes the financing and construction of an infrastructure facility
Operates the facility over a fixed term during w/c they are allowed to charge facility users to recover investment

A

Build-Operate-Transfer

53
Q

Part of organization of parties to the contract who enter inti contract with other parties involved in the construction

A

Employees

64
Q

Who has the power to control the price?

A

Contractor

65
Q

How many percent the owner hold back to the contractor until the end of the contract?

A

10 - 15%

66
Q

Steps of Construction Industry

A

Initiating
Planning
Executing
Closing

67
Q

It is the appointing of Project team , conceptual planning, and feasibility studies.

A

Project Initiation Phase

68
Q

It may overlap sometimes on other steps. It requires all plans, contract documents and bids

A

Project Planning Phase

69
Q

It is the management and monitoring of the project where the owner’s fund is being used

A

Project Execution Phase

70
Q

This provides documentations, as-built drawings, and operation manuals.
Notes capacity and purpose of the works

A

Project Close-out Phase

71
Q
  • Interpreter in developing of project scope

- selects qualified designs consultants and contractors

A

Design Professionals

72
Q
  • In-charge with overall coordination

- controls cost and schedules

A

Project Manager

73
Q
  • Construct then transfer to the government

- paid by government

A

Build-and-Transfer (BAT)

74
Q

An act authorizing the financing, construction, and maintenance of infrastructure projects sector, and for the purposes.

A

R.A. 7718

75
Q

Discusses how BOT works

Operates for less than 50 yrs

A

Ra 7718

76
Q

They will construct and rent it then transfer to the government as much as possible, less than 50yrs

A

Build-Lease-Transfer

77
Q

Voluntary arrangement between 2 or more parties

A

CONTRACT

78
Q

Written according dates back to Roman Law

A

contract

79
Q
  • Concerned with crimes ( breach of statute or laws)

* Punishment of Guilty Party

A

Criminal Law

80
Q

Criminal Law uses what code?

A

Penal code

81
Q
  • Concerned with torts. ( Wrong done by one time party to another)
  • Involved with Judgement
A

Civil Law

82
Q

Civil Law uses what Code?

A

Civil Code

83
Q

Jury and Prosecutor

A

Criminal Law

84
Q

Plaintiff and Judge

A

Civil Law

85
Q

Article for Obligation

A

Article 1156

86
Q

Article for Contract

A

Article 1305

87
Q

Classification of Contracts

A
  1. Origin
  2. Participant
  3. Obligation
  4. Completion Status
  5. Form
  6. Legal Status
88
Q

Bilateral or unilateral contract

A

According to Obligation

89
Q

According to Origin

A
  • expressed
  • implied
  • Quasi - Contract
90
Q

According to Participant

A
  • 2-party
  • Joint
  • Several
  • Joint and Several
  • Third-Party Beneficiary
91
Q

According to Completion Status

A
  • Executory

* Executed

92
Q

According to Form

A
  • Under Seal

* Simple or Parole contract

93
Q

According to Legal Status

A
  • valid contract
  • void Contract
  • voidable contract
  • unenforceable Contract
94
Q

Stages of Construction

A
  1. Preparation/ Conception
  2. Perfection or Birth
  3. Consummation or Death
95
Q

Elements of a Contract

A
  1. Mutual Agreement
  2. Capacity
  3. Genuine Intention
  4. Lawful Obligation
  5. Consideration
96
Q

Acceptance of definite offer .

- via advertisement or invitation

A

Mutual Agreement

97
Q

No blackmailing or pressure
Otherwise, it shall be void
* determination to proceed with the contract

A

Genuine Intuitions

98
Q

Contracts are for good things only.

A

Lawful Object

99
Q

Value of money

A

Consideration

100
Q

Methods of Discharging a Contract

A
  1. All conditions are performed
  2. Impossible to perform the contract
  3. Breach of Contract
  4. Abandonement of contract
  5. Operation of the Law
101
Q

Remedies for Breachof Contract

A
  1. Sue for damage
  2. Specific Performance
  3. Injuction
  4. Valuation
  5. Exoneration
102
Q

Clearing of Obligation

A

Exoneration

103
Q

Services done must be paid

A

Valuation

104
Q

The standard of practice is for Civil Engineers to be given of the following responsibility:

A

Studying
• Conceiving
• Designing
• observing construction
• assisting in the programming for operating and maintaining engineering works

105
Q

What is the paramount in the Civil Engineer’s work engagement.

A

Care and protection of the environment

106
Q

The Civil Engineer, therefore, has obligations as

A

trustee to the public interest as well as faithful to the private interests of clients

107
Q

PCAB

A

Philippine Contractors Authorization Board

108
Q

CIAP

A

Construction Industry Authority Of the Philippines

109
Q

PhilGEPS

A

Philippine Government Electronic Procurement System

110
Q

CE Regulatory Board

A

RA 544

111
Q

National Building Code

A

PD 1096

112
Q

National Fire Code

A

PD 1185

113
Q

National Sanitary Code

A

PD 856

114
Q

Accesibility Law

A

BP 344

115
Q

 developed when customs and traditions are codified

A

Law

116
Q

Fundamental Principle of CE

A

Civil Engineers should uphold and advance the integrity, honor and dignity of the civil engineering profession by:
 Using their knowledge and skill for the
enhancement of the human welfare and
the environment
 Being honest and impartial and serving
with fidelity the public, their employers/employees and clients
Striving to increase the competence and
prestige of the civil engineering profession,
and
 Supporting the professional and technical societies of their discipline

117
Q

Fundamental Canons

A

1 Civil Engineers shall hold paramount the safety, health and welfare of the public and shall strive to comply with the principles of sustainable development in the performance of their duties
2 Civil Engineers shall perform services only in areas of their competence
3 Civil Engineers shall issue public statements only in an objective and truthful manner
4 Civil Engineers shall act in professional matters for each employer or client as faithful agents or trustees, and shall avoid conflicts of interest.
5 Civil Engineers shall build their professional reputation on the merit of their services and shall not compete unfairly with others
6 Civil Engineers shall act in such a manner as to uphold and enhance the honor, integrity and dignity of the civil engineering profession
7 Civil Engineers shall continue their professional development throughout their careers, and shall provide opportunities for the professional development of those civil engineers under their supervision

118
Q

standard of practice is for Civil Engineers to be given of the following responsibility:

A

 Studying
 Conceiving
 Designing
 observing construction
 assisting in the programming for operating
and maintaining engineering works

119
Q

▪ Individual or organization for whom the project is to be built
▪ Finances the project
▪ Selects qualified designers, consultants and
contractors
▪ Responsible for ensuring that all permits
necessary to authorize all works are secured to the satisfaction of the local authorities

A

Owner

120
Q

▪ In-charge with the overall coordination of the entire construction program
▪ Facilitates bidding and awarding of contracts ▪ Controls cost and schedule

A

Project Manager

121
Q

is the body of law that deals with crime and the legal punishment of criminal offenses.

A

Criminal Law

122
Q

deals with the disputes between individuals, organizations, or between the two, in which compensation is awarded to the victim.

A

Civil Law

123
Q

It is the declared policy of the State to promote the ideals of good governance in all its branches, departments, agencies, subdivisions, and instrumentalities, including government-owned and/or controlled corporations, and local government units.

A

RA 9184

Government Procurement Reform Act

CE LAW (3 decks)

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