Quiz 4 Review

Question 1

What are Little Miller Acts

Answer 1

Based on the federal Miller Act, a statute by each state that requires state contracts to include bonding for payment and performance

Question 2

What is a Sheriff’s Sale

Answer 2

A public auction conducted by the Sheriff on a property being sold to satisfy a court-imposed judgment of debt

Question 3

What is Release of Liens

Answer 3

This is submitted with the payment application and states that if paid for this portion of work then the sub won’t lien

Question 4

What is a Stop Notice

Answer 4

This is attached to money rather than a structure and is issued to avoid a lien on a federal project. subs/suppliers filing this can intercept money paid from the Owner to Contractor

Question 5

What is 30-90 days long

Answer 5

Although they vary among states the Statute of Limitations to file a lien is typically this long from the date of the last improvement

Question 6

What is intentional

Answer 6

This type of civil wrong is when the party committing the wrong clearly understands the act to be wrong

Question 7

What is contribution negligence

Answer 7

A law placing responsibility for damages upon the Owner of a property if children trespass and are injured due to unprotected and dangerous material, equipment, or conditions on the property

Question 8

What is Deep Pockets

Answer 8

The party with the best financial position and thus considered capable of carrying the cost for all the parties that are responsible for certain damages

Question 9

What is the Hold Harmless Clause

Answer 9

A statement within a contract in which the party signing the contract will not hold the entity that created the Contract responsible for injuries sustained as a result of the Contract operations

Question 10

What is contribution negligence

Answer 10

Two or more parties are responsible for the same damages

Question 11

What is the Civil Rights Act

Answer 11

Major legislation passed in 1964 outlawing discrimination on the basis of race, religion, national origin, and gender

Question 12

What is the Clean Air Act

Answer 12

1970 and subsequent legislation that gives the Environmental Protection agency the authority to write regulations to eliminate airborne contaminants

Question 13

What is the Clean Water Act

Answer 13

1972 legislation governing the release of pollutants into the waterways

Question 14

What is the Davis-Bacon Act

Answer 14

1931 law passed by Congress requiring workers be paid a prevailing wage for each craft employed on a project receiving Federal funding

Question 15

What are Age Discrimination in Employment Act (ADEA)

Answer 15

A 1967 law prohibiting discrimination of anyone on the basis of age

Question 16

What is Affirmative Action

Answer 16

Regulations that require taking positive actions in regard to portions of the population that have previously suffered from discrimination practices

Question 17

Who is the Compliance Officer

Answer 17

OSHA inspector charged with making sure projects are complying with current standards of safety

Question 18

What are Jurisdictional disputes

Answer 18

Conflicts involving which union will perform certain work on a project or in a region

Question 19

What is Open Shop

Answer 19

Also known as merit shop, an employer that does not place the condition of being part of a union for employment

Question 20

What is the Portal to Portal Act

Answer 20

Defines what is and is not compensable under Fair Labor Standards Act (FLSA) related to travel to and from employment

Question 21

What are “As-built” drawings

Answer 21

Documents detailing changes in the actual in-place construction from what was originally shown on the Contract documents

Question 22

What is Pareto Principle

Answer 22

In construction, the concept that 80% of the effort is consumed on the last 20% of the project

Question 23

What is the surety

Answer 23

On bonded work, this party is often required to consent to final payment

Question 24

What is the Consent of Surety for Final Payment

Answer 24

Formal document from surety to Owner agreeing that final payment can be made to constructor, but acknowledging all legal obligations of the surety remain in place

Question 25

What is a waiver

Answer 25

The canceling of an existing right from one party to another

Question 26

What is the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)

Answer 26

An act intended to clean up contaminated sites as well as assess costs for doing so to appropriate parties