Quiz 4 Review Flashcards

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1
Q

What are Little Miller Acts

A

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

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2
Q

What is a Sheriff’s Sale

A

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

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3
Q

What is Release of Liens

A

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

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4
Q

What is a Stop Notice

A

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

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5
Q

What is 30-90 days long

A

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

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6
Q

What is intentional

A

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

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7
Q

What is contribution negligence

A

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

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8
Q

What is Deep Pockets

A

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

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9
Q

What is the Hold Harmless Clause

A

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

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10
Q

What is contribution negligence

A

Two or more parties are responsible for the same damages

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11
Q

What is the Civil Rights Act

A

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

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12
Q

What is the Clean Air Act

A

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

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13
Q

What is the Clean Water Act

A

1972 legislation governing the release of pollutants into the waterways

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14
Q

What is the Davis-Bacon Act

A

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

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15
Q

What are Age Discrimination in Employment Act (ADEA)

A

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

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16
Q

What is Affirmative Action

A

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

17
Q

Who is the Compliance Officer

A

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

18
Q

What are Jurisdictional disputes

A

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

19
Q

What is Open Shop

A

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

20
Q

What is the Portal to Portal Act

A

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

21
Q

What are “As-built” drawings

A

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

22
Q

What is Pareto Principle

A

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

23
Q

What is the surety

A

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

24
Q

What is the Consent of Surety for Final Payment

A

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

25
Q

What is a waiver

A

The canceling of an existing right from one party to another

26
Q

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

A

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