Midterm

Question 1

What is the MMCD?

Answer 1

master municipal construction document
-municipal work
-unit price contracts
-BC legal environment
-to be fair
-minimize risk for contractor

Question 2

Contract Administrator

Answer 2

-represents the owner
-be impartial
-check the design

Question 3

What is a bill?

Answer 3

a document submitted to parliament or provincial legislation for its consideration and or enactment. If approved it becomes law in the form of a statue.

Question 4

What is an act?

Answer 4

A decree proclaiming a law in an area, passed by a competent legislative body, that may proclaim a new law,modify an existing law or repeal a previously existing law.

Question 5

What is the CCDC?

Answer 5

Canadian Construction Documents Committee
-cost plus
-stipulated contract price
-unit-price
-design build-
-construction management
-civil works

Question 6

What are the the benefits of using the CCDC?

Answer 6

-build trust
-simplify bidding
-allocate risk
-confident

Question 7

What is voiding a contract?

Answer 7

-mistake in contract
-misrepresentation
-duress (improper pressure)
-unconscionability (unfair)
-Frustration

Question 8

How can a contract be terminated?

Answer 8

-Performance
-frustration
-mutual agreement

Question 9

What is law?

Answer 9

Rules made by the federal or provincial governments. Law means a rule of civil conduct; it commands what is right and prohibits what is wrong.

Question 10

What are the 5 goals of law?

Answer 10

-fairness
-justness (fair and unbiased)
-recognize individual rights and freedoms while still balancing societal values
-be flexible, reasonable and adaptable
-helps define between what is right and what is wrong

Question 11

What are the 3 contract types?

Answer 11

-Fixed price
-unit price (per one unit)
-cost plus (price for product + service fee)

Question 12

What are the 2 conditions that need to exist for differing site conditions?

Answer 12

actual conditions encountered be different from either
-The conditions as described in the contract documents or
-The conditions that could be reasonably anticipated

Question 13

When a differing site condition is encountered, what are the 5 steps the contractor needs to follow?

Answer 13

-stop work in the
-avoid disturbing the differ site condition
-give immediate verbal notification to owners/representative of site condition, added costs will be incurred because of the differing site
-follow-up verbal notification with a written notification within stated time frame
-proceed with work after proper authorization

Question 14

What are the most commonly encountered subsurface conditions?

Answer 14

-presence of high water table
-unstable foundation materials
-rock where softer materials were expected
-undisclosed utility lines

Question 15

What are the most commonly encountered above ground site conditions?

Answer 15

-survey markers or state locations are not correct
-hidden structural members or piping systems that are not exposed until after construction has started

Question 16

What is the difference between Contract A and Contract B?

Answer 16

Contract A is giving to all parties that have submitted a bid and Contract B is only awarded to the successful bidder

Question 17

What is a tender?

Answer 17

An invitation to bid for a project

Question 18

What is a bid depository?

Answer 18

Is an organization used by owners,contractors and suppliers and is designed to facilitate bidding according to the rules

Question 19

What is common law or “judge made law”?

Answer 19

Comprises legal principles that have their origin in court decisions. Courts apply legal principles based on decisions made from previous court decisions.

Question 20

What is a Statute?

Answer 20

An act of a legislature: In Canada an act of a provincial legislature or the federal government. statues are the primary source of law

Question 21

What is a Regulation?

Answer 21

A subordinate for a legislation allowing the government to carry out the purposes of the statute in question, without the necessity of enacting new statues. (standards and guidelines)

Question 22

What is sole proprietorship?

Answer 22

A business owned and operated by one individual. (the simplest form of business)

Question 23

What are the advantages and disadvantages of sole proprietorship?

Answer 23

Advantages
-low startup cost
-controlling decision making
-tax advantages
-all profits to owner
Disadvantages
-unlimited liability
-difficulty in raising capital

Question 24

What is Burden of proof?

Answer 24

Is the obligation to prove allegations which are presented in legal actions.

Question 25

Name some examples of Public law?

Answer 25

-theft
-attempted murder
-fraud
-criminal negligence

Question 26

Name some examples of Private law?

Answer 26

-conversion
-battery
-breach of contract
-personal injury or tort of negligence

Question 27

What are the 3 primary features of the Canadian Constitution?

Answer 27

-the creation of powers
-the division of powers
-the Canadian Charters of Rights and Freedoms

Question 28

T or F Laws relating to engineering most often fall within the provincial sphere of responsibility?

Answer 28

True

Question 29

T or F Laws relating to civil engineering may differ between provinces?

Answer 29

True

Question 30

What are the 3 main levels of Court in BC?

Answer 30

-supreme court of Canada
-B.C. supreme court
-provincial court (small claims)

Question 31

T or F In terms of statute law, judges do not make statute law, they only interpret them?

Answer 31

True

Question 32

Laws created by judges based upon principles of law and equity established/modified over hundreds of years are know as?

Answer 32

Common Law

Question 33

Which law system are the laws in B.C. primarily based on?

Answer 33

Common law system

Question 34

What is the theory of precedent?

Answer 34

the courts apply legal principles established in previous decision that involved similar situations or facts

Question 35

Name 2 specialized courts?

Answer 35

-tax court
-military court

Question 36

What is a change order?

Answer 36

Is the change of work that is proposed by the owner/contractor. Negotiate change in price or method prior to conducting the change of work

Question 37

What is a change directive?

Answer 37

It is used to direct the contractor to perform additional work when there is not an agreement on price. This is used to avoid progress delays

Question 38

What is extra work?

Answer 38

work that is outside of the contract

Question 39

What is additional work?

Answer 39

extra work required to meet conditions of the contract

Question 40

What is a partnership?

Answer 40

Is a legal relationship between person carrying a profit-motivated business

Question 41

What are the advantages and disadvantages of a partnership?

Answer 41

Advantages
-ease of formation
-limited regulation
-broader management base
-low start up cost

Disadvantages
-unlimited liability
-lack of continuity
-divided authority
-conflicts with partners

Question 42

What is tort law?

Answer 42

is a breach of a duty of care for another party where the breach causes injury or loss to party, independent of whether the two parties involved do not have a contract, for which the law provides a remedy. (donoghue vs stevenson)

Question 43

What is the purpose of a contract?

Answer 43

allocate risk and responsibility

Question 44

What are the 5 essential elements of a contract?

Answer 44

-offer
-acceptance
-consideration
-capacity
-lawful

Question 45

What are the 3 examples of lack of legal capacity?

Answer 45

-minors
-mental incompetence
-corporations

Question 46

What is negligence?

Answer 46

is a failure to take reasonable care
-owed a plaintiff a duty of care
-breach of duty of care
-loss or damages
-proximate cause of the plaintiffs loss

Question 47

Name the 3 intentional torts?

Answer 47

-fraud
-trespass
-defamation

Question 48

Name 2 unintentional torts?

Answer 48

-negligence
-negligent misrepresentation

Question 49

What is a corporation?

Answer 49

is a distinct-legal entity separate from its owners or shareholders. (can be described as a fictitious person)

Question 50

What are the advantages and disadvantages of a corporation?

Answer 50

Advantages
-limited liability
-specialized management
-continuous existence
-easier to raise capital
-separate legal entity

Disadvantages
-most expensive to build
-extensive records
-closely regulated

Question 51

What is estoppel?

Answer 51

is the legal principle that precludes a party from asserting something contrary to what is implied by a previous action or statement of that party

Question 52

what is the difference between fundamental breach and a simple breach?

Answer 52

Fundamental
-root of the contract

Simple breach
-does not effect the overall outcome of the project

Question 53

What is vicarious liability?

Answer 53

is the liability of a party for the acts or omissions of another party. It is usually used in the context of an employer being liable for the acts or omissions of its employee.

Question 54

What is contra proferentem?

Answer 54

is the rule of contractual interpretation that states that wherever a contract is ambiguous and there are two alternative interpretations, the courts will use the interpretation that favours the party that did not write the contract

Question 55

What are the 3 levels of provincial courts?

Answer 55

-B.C. court of appeal
-Supreme court of B.C.
-Provincial Court of B.C. (small claims under 25k)

Question 56

T or F a company name of a sole proprietorship can use a legal title that ends in “Ltd” , “Inc” or “Corp”?

Answer 56

False

Question 57

What is contributory negligence?

Answer 57

failure of an injured plaintiff to act prudently, considered to be a contributory factor in the injury suffered, and sometimes reducing the amount recovered from the defendant