Updated Test Questions Flashcards

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1
Q

On public works, the total retention withheld may not exceed ___ of the contract price .

A

5%

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2
Q

A subcontractor signs an Unconditional Waiver and Release upon final payment . This means that :

A

Subcontractor has waived any lien, stop payment notice, or payment bond rights.

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3
Q

If the plans and specifications for a job are vague or lack detail, contractors should :

A

Review the plans and specifications with the owner

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4
Q

You would go to a District Court when :

A
  1. A case involving federal law
  2. Constitutional issues are involved
  3. An interstate dispute
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5
Q

If an employee violates a safety rule and causes injury to another employee, who is legally responsible ?

A

The Employer

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6
Q

On a large job, what is the best method for scheduling ?

A

Critical Path Method ( CPM )

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7
Q

Truth in Lending Act rescission rights apply when :

A

A non-purchase lien or security interest is taken in the consumer’s principal dwelling

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8
Q

What is the MAXIMUM penalty for contracting with an inactive, suspended or expired license ?

A

Revocation of license

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9
Q

Which building code should a contractor follow ?

A

Local code

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10
Q

What will happen if a contractor who is awarded the bid on a public works project pays less than the prevailing wage ?

A

Contractor will be required to pay back-wages to the employees

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11
Q

The purpose of a specification sheet attached to a set of plans is to:

A

Provide details that are not on the plans

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12
Q

A contract can be canceled when there is consent through fraud or duress by:

A

The other party

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13
Q

Which act establishes the rights of workers to organize into unions and negotiate contracts ?

A

The Wagner Act of 1935 ( aka National Labor Relations Act)

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14
Q

Who do you register with in order to be a public works contractor ?

A

Department of Industrial (DIR)

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15
Q

Prime contractor may serve a stop payment notice to ONLY who ?

A

Construction Lender

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16
Q

When used together, these can be MOST effective when used on a private works project :

A

Stop payment notice and mechanic lien

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17
Q

What sort of notes are you looking for when you get a set of as-built plans ?

A

Changes

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18
Q

What are the ways a client must submit a claim for service and repair of a defect on a fit and finish items after a remodel ?

A
  1. Certified mail
  2. Overnight mail
  3. Personal delivery
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19
Q

A notice of completion must be recorded within how many days ?

A

10 days after work is complete

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20
Q

When can a materials supplier perfect a mechanics lien ?

A

After the goods have been installed in the structure

21
Q

How many days does a claimant have to record a Lis Pendens after filing a mechanics lien foreclosure lawsuit ?

A

20 days

22
Q

When bidding on work, what would you not include in the price of your bid ?

A

Workers Compensation Insurance premium

23
Q

Why should An owner request waivers of lien rights for work on residential property after paying the full contract amount ?

A

So prime contractors, subcontractor, and other claimants will not file liens.

24
Q

If a worker’s wages are garnished and labor contract provides less protection than the States guidelines, what does the law require?

A

The section of contract providing less protection is void

25
Q

If it discovered that the construction material in an area contain more than 0.1% asbestos what must be done?

A

The contractor should contact DOSH immediately

26
Q

If the federal tax obligation for a quarter is LESS than $2,500, the employer MAY report and pay taxes quarterly on that form ?

A

Form 941

27
Q

If the federal tax obligation for a quarter is MORE than $2,500, the employer MAY report and pay taxes when ?

A

Monthly, semi weekly or daily, depending on amount

28
Q

Home improvement salesperson registration expires when?

A

Every 2 years from the last day of the month in which it was issued

29
Q

If a subcontractor wants to substitute materials on a job, who must approve the substitution ?

A

The owner

30
Q

Which two types of loans is a contractor most likely to engage in ?

A

Construction or permanent

31
Q

Construction loans are typically short term with a time limit of how long?

A

6 months to 1 year

32
Q

There is a near-miss situation on a job. What steps should the employer take?

A

The unsafe situation must be investigated, and the investigation must includes a written report.

33
Q

Following the completion of a home improvement project of a major phase of construction and upon payment, who is responsible for signing a Labor Lien Release ?

A

Each worker

34
Q

Where is truck insurance listed on an income statement ?

A

Operating expenses ( aka indirect expenses)

35
Q

On a private works project , the owner failed to make a payment by the due date specified in the contract and is not disputing the work performed. What can the prime contractor do ?

A

The prime contractor may serve the owner with a stop work order stating the work will stop if payment is not made within 10 days from the date of service of the order.

36
Q

At how many decibels should ear protection be worn?

A

90 dB

37
Q

What is an example of non- productive component on a bid?

A

Travel time

38
Q

THE CSLB’s arbitration program is mandatory for disputes alleging damages less than $15,000. If the “ARBITRATION OF DISPUTES” clause is not included and initialed by both parties in a home improvement contract, arbitration mat not be enforced against any person other than who ?

A

The licensed contractor

39
Q

A homeowner has not been paying the contractor, and all work has stopped for 60 days. What is the contractor’s next step ?

A

Send the homeowner a Notice of Mechanics Lien Form with an unfiled copy of lien claim.

40
Q

Assuming the owner has a good credit rating and debt is secured, when does it make the most sense for a contractor to finance a job?

A

When it is an emergency situation and the owner cannot get the money soon enough.

41
Q

The Registrar may waive the examination requirement if the applicant has passed the law and business and trade examination for the same trade classification within the past how many years?

A

5 years

42
Q

A constractor is required to report a construction-related civil court judgement to the CSLB within how many days of the judgement date?

A

90 days of the judgment date.

43
Q

According to the federal Truth in Lending Act, when there is a third-party lender, the home improvement contract is unenforceable against the buyer if the buyer rescinds the loan within how many business days ?

A

3 business days

44
Q

A contractor must pay a dump truck carrier for all transportation charges by ?

A

By the 20th day following the last day of the month in which the transportation was performed.

45
Q

If contractor discovers an error after submitting a bid on a public works project, he should give the public entity a written notice of the mistakes within ____ days after opening of the bids.

A

5 days.

46
Q

What is the minimum amount of sick times employers are required to allow employees to use per year ?

A

24 hours or 3 days

47
Q

Warning signs at the location of asbestos work must be readable up to ____ ft away

A

20 feet

48
Q

Contractors working on public works projects must renew their registrations with the DIR by:

A

July 1st